Health and Safety Code — Part 4 | HSC — United States — California law | Esheria

Health and Safety Code

Part 4 of 87 · provisions 601–800

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

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About this statute

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

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 103715.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. )

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    An applicant must pay an $11 fee to the State Registrar to establish a new record of birth.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103715. A fee of eleven dollars ($11) shall be paid to the State Registrar by the applicant for the establishment of a new record of birth under Article 3 (commencing with Section 102750) of Chapter 5. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  2. 103720.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. )

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    An applicant must pay the State Registrar a $11 fee to establish an amended birth record under the specified article.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103720. A fee of eleven dollars ($11) shall be paid to the State Registrar by the applicant for the establishment of an amended record of birth under Article 6 (commencing with Section 103400) of Chapter 11. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  3. 103725.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Applicants for certain birth or marriage record filings must pay an $11 fee to the State Registrar.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103725. (a) A fee of eleven dollars ($11) shall be paid to the State Registrar by the applicant for establishment of a new record of birth or marriage license and certificate under Article 7 (commencing with Section 103425) of Chapter 11. (b) This section shall become operative on January 1, 2023. (Repealed (in Sec. 9) and added by Stats. 2021, Ch. 577, Sec. 10. (AB 218) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  4. 103730.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. )

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    A $20 fee is due for each individual being adopted when an adoption petition is filed, unless it is an agency adoption with a filed agency statement waiving the fee.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 15. Fees of State and Local Registrars [103600 - 103730] ( Chapter 15 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 3. Other Fees [103675 - 103730] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103730. A fee of twenty dollars ($20) for each individual being adopted shall be paid to the clerk of the court at the time of filing the petition in an adoption proceeding, except for agency adoptions in which the adoption fee is waived and a statement from the agency to this effect is filed with the petition. The fee shall be transmitted to the State Treasury, as provided in Section 68085.1 of the Government Code, for deposit in the Health Statistics Special Fund for the services required by statute of the office of the State Registrar of Vital Statistics. (Amended by Stats. 2005, Ch. 75, Sec. 145. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
  5. 103750.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The State Registrar must quarterly certify county auditors about properly registered births and deaths, the local registrars’ names, and the amounts due at the rates set by this part.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103750. For local registrars serving under authority of Section 102280 the State Registrar shall quarterly certify to the auditors of the several counties the number of births and deaths properly registered, with the names of the local registrars and the amounts due each at the rates fixed by this part. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  6. 103755.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The county treasurer must pay amounts due from the county where the registration district is located, based on warrants drawn by the auditor.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103755. All amounts shall be paid by the treasurer of the county in which the registration district is located, upon warrants drawn by the auditor; provided, that no fee shall be paid by the county to any local registrar who is also a city or county officer or employee and whose salary is by law the sole compensation for his or her services. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  7. 103760.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Local registrars entitled to compensation must be paid $0.50 per qualifying birth or death certificate, and they must pay the subregistrar $0.30 when a certificate is registered with the subregistrar.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103760. Each local registrar entitled to compensation shall be paid the sum of fifty cents ($0.50) for each birth certificate and each death certificate properly and completely made out and registered with him or her, and correctly recorded and promptly returned by him or her to the State Registrar and out of the fees he or she shall pay the subregistrar the sum of thirty cents ($0.30) in each case where the certificate is registered with the subregistrar. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  8. 103765.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. )

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    A local registrar may claim $0.50 for each report stating that no births or no deaths were registered during a week, if the report is made promptly.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 16. Compensation of Appointed Local Registrars of Births and Deaths [103750 - 103765] ( Chapter 16 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103765. If no births or no deaths were registered during any week the local registrar is entitled to be paid the sum of fifty cents ($0.50) for each report to that effect, but only if the report is made promptly as required by this part. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  9. 103775.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    People responsible for supplying required vital-record information must provide it correctly; false information or failure to supply it can be a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103775. (a) Every person, except a parent informant for a certificate of live birth and as provided in subdivision (b), who is responsible for supplying information who refuses or fails to furnish correctly any information in his or her possession that is required by this part, or furnishes false information affecting any certificate or record required by this part, is guilty of a misdemeanor. (b) Every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code, and the agents and employees of the licensee, or any unlicensed person acting in a capacity in which a license from the Cemetery and Funeral Bureau is required, who is responsible for supplying information and who refuses or fails to furnish correctly any information in his or her possession that is required by this part, or furnishes false information with intent to defraud affecting a death certificate or record required by this part, is guilty of a misdemeanor that shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. (Amended by Stats. 2018, Ch. 571, Sec. 36. (SB 1480) Effective January 1, 2019.)
  10. 103780.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    This section makes it a misdemeanor to willfully alter, knowingly possess more than one altered document, or falsify certain vital records and licenses.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103780. (a) Every person, except as provided in subdivision (b), who willfully alters or knowingly possesses more than one altered document, other than as permitted by this part, or falsifies any certificate of birth, fetal death, or death, or marriage license, or any record established by this part is guilty of a misdemeanor. (b) Every licensee or registrant pursuant to Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code, and the agents and employees of the licensee, or any unlicensed person acting in a capacity in which a license from the Cemetery and Funeral Bureau is required, who willfully alters or knowingly possesses more than one altered document, other than as permitted by this part, or falsifies any certificate of death, is guilty of a misdemeanor that shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. (Amended by Stats. 2018, Ch. 571, Sec. 37. (SB 1480) Effective January 1, 2019.)
  11. 103785.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    A required filer who does not complete or handle the birth, fetal death, death certificate, or marriage license as required commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103785. Every person who is required to fill out a certificate of birth, fetal death, or death, or marriage license and register it with the local registrar, or deliver it, upon request, to any person charged with the duty of registering it, and who fails, neglects, or refuses to perform that duty in the manner required by this part is guilty of a misdemeanor. (Amended by Stats. 2006, Ch. 816, Sec. 52. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.)
  12. 103790.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Local registrars, deputy registrars, and subregistrars must perform their required duties under this part and the State Registrar’s instructions, or they commit a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103790. Every local registrar, deputy registrar, or subregistrar, who fails, neglects, or refuses to perform his or her duty as required by this part and by the instructions and directions of the State Registrar thereunder, is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  13. 103795.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    A person must not use information from a qualifying stamped certificate of live birth, or the person commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 1. Misdemeanors [103775 - 103795] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103795. Any person who uses any information from a certificate of live birth that is stamped with the notation authorized under subdivision (a) of Section 10056.5 is guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  14. 103800.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Felony [103800- 103800.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Making or filing a false certificate or affidavit under Chapter 4 is a felony, and the subject is also liable for a $5,000 civil penalty.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 17. Penalties [103775 - 103800] ( Chapter 17 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 2. Felony [103800- 103800.] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103800. Any person who willfully makes or files or causes to be made or filed a false certificate or affidavit under Chapter 4 (commencing with Section 102525) is guilty of a felony. The subject is also liable to the State of California for a civil penalty in the amount of five thousand dollars ($5,000). The civil penalty may be recovered in an action filed by the Attorney General in any court of competent jurisdiction. A penalty so recovered shall be paid into the State Treasury to the credit of the General Fund. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  15. 103825.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    This section states the Legislature’s intent to support a statewide birth defects monitoring program and authorizes the state department to contract with a qualified entity to run it.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103825. The Legislature hereby finds and declares that birth defects, stillbirths, and miscarriages represent problems of public health importance about which too little is known; that these conditions lead to severe mental anguish on the part of parents and relatives and frequently to high medical care costs; and that a system to obtain more information about these conditions could result in development of preventive measures to decrease their incidence in the future. Therefore, it is the intent of the Legislature in enacting this section to accomplish all of the following: (a) To maintain an ongoing program of birth defects monitoring statewide. “Birth defect” as used in this chapter means any medical problem of organ structure, function, or chemistry of possible genetic or prenatal origin. (b) To provide information on the incidence, prevalence, and trends of birth defects, stillbirths, and miscarriages. (c) To provide information to determine whether environmental hazards are associated with birth defects, stillbirths, and miscarriages. (d) To provide information as to other possible causes of birth defects, stillbirths, and miscarriages. (e) To develop prevention strategies for reducing the incidence of birth defects, stillbirths, and miscarriages. (f) To conduct interview studies about the causes of birth defects. (g) To affirm the authority of the state department to contract with a qualified entity to operate the birth defects monitoring program statewide. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  16. 103830.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

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    The director must maintain a collection system, and health facilities must provide specified medical records to authorized program staff after 15 days’ notice. If records need photocopying, the state department pays the copying expenses.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103830. The director shall maintain a system for the collection of information, necessary to accomplish the purposes of this chapter. The director shall require health facilities, with 15 days’ notice, to make available to authorized program staff the medical records of children suspected or diagnosed as having birth defects, including the medical records of their mothers. In addition, health facilities shall make available the medical records of mothers suspected or diagnosed with stillbirths or miscarriages and other records of persons who may serve as controls for interview studies about the causes of birth defects. If it is necessary to photocopy records made available under this section, copying expenses shall be paid by the state department. “Health facilities” as used in this section means general acute care hospitals, and physician-owned or operated clinics, as defined in Section 1200, that regularly provide services for the diagnosis or treatment of birth defects, genetic counseling, or prenatal diagnostic services. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  17. 103835.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    The birth defects monitoring program must operate statewide.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103835. The birth defects monitoring program shall operate statewide. It is the intent of the Legislature that the adequacy of program resources shall be assessed annually, and that the annual assessment shall include a consideration of at least all the following factors: (a) The numbers of births in the state. (b) The scope of program activities. (c) Any urgent situation requiring extraordinary commitment of present or planned program staff or resources. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  18. 103840.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    The director must use specified information to study the causes of birth defects, stillbirths, and miscarriages and evaluate ways to prevent them.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103840. The director shall use the information collected pursuant to Section 103830 and information available from other reporting systems and health providers to conduct studies to investigate the causes of birth defects, stillbirths, and miscarriages and to determine and evaluate measures designed to prevent their occurrence. The department’s investigation of poor reproductive outcomes shall not be limited to geographic, temporal, or occupational associations, but may include investigation of past exposures. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  19. 103845.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    The director must appoint an advisory committee for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103845. The director shall appoint an advisory committee to advise on the implementation of this chapter. Each of the disciplines of epidemiology, hospital administration, biostatistics, maternal and child health and public health shall be represented on the committee. At least one of the members shall be a representative of the manufacturing industry. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  20. 103850.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    This section keeps collected birth-defects monitoring information confidential and limits access, use, disclosure, and court use.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103850. (a) All information collected pursuant to this chapter shall be confidential and shall be used solely for the purposes provided in this chapter. For purposes of this chapter, this information shall be referred to as “confidential information.” Access to confidential information shall be limited to authorized program staff, and persons with a valid scientific interest, who meet qualifications as determined by the director, who are engaged in demographic, epidemiological or other similar studies related to health, and who agree, in writing, to maintain confidentiality. (b) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the state department. (c) All research proposed to be conducted by persons other than program staff, using confidential information in the system, shall first be reviewed and approved by the director and the State Committee for the Protection of Human Subjects. Satisfaction of the terms of the director’s rules for data access shall be deemed to establish a valid scientific interest for purposes of subdivision (a), entitling the researcher to review records collected pursuant to Section 103830 and to contact case subjects and controls. Before confidential information is disclosed pursuant to this section to any other person, agency, or organization, the requesting entity shall demonstrate to the department that the entity has established the procedures and ability to maintain the confidentiality of the information. (d) Notwithstanding any other provision of law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, and shall be made only upon written agreement that the information will be kept confidential, used for the approved purpose, and not be further disclosed. (e) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing the information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. (f) Whenever program staff, pursuing program objectives, deems it necessary to contact case subjects and controls, program staff shall submit a protocol describing the research to the director and to the State Committee for the Protection of Human Subjects. Once a protocol is approved by that committee, program staff shall be deemed to have established a bona fide research purpose, and shall be entitled to complete the approved project and contact case subjects and controls without securing any additional approvals or waivers from any entity. (g) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. Nothing in this section shall prohibit the publishing by the department of reports and statistical compilations relating to birth defects, stillbirth, or miscarriage that do not in any way identify individual cases or individual sources of information. (h) Any person who, in violation of a written agreement to maintain confidentiality, discloses any information provided pursuant to this section, or who uses information provided pursuant to this section in a manner other than as approved pursuant to this section may be denied further access to any confidential information maintained by the department. That person shall also be subject to a civil penalty of five hundred dollars ($500). The penalty provided in this section shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of the department or any person. (i) Notwithstanding the restrictions in this section, an individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code. (Amended by Stats. 2001, Ch. 444, Sec. 1. Effective October 3, 2001.)
  21. 103855.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. )

    Verify source ↗

    The department may contract to establish and implement the birth defects monitoring program, and the contract must require full compliance with this chapter.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1. Birth Defects Monitoring Program [103825 - 103855] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103855. The department may enter into a contract for the establishment and implementation of the birth defects monitoring program. The contract shall include provisions requiring full compliance with all the requirements of this chapter. The term of the contract may be in excess of one year, but no longer than three years. Funds shall be allocated in accordance with the state Budget Act. Funds withheld from the contractor at the conclusion of a fiscal year until specified tasks are completed shall be released promptly on proof of substantial completion, and shall not be offset against any funding for the subsequent fiscal year. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  22. 103860.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.5. Parkinson’s Disease Registry [103860 - 103865] ( Chapter 1.5 added by Stats. 2004, Ch. 945, Sec. 1. )

    Verify source ↗

    The department must run a Parkinson’s disease epidemiological assessment program, and the director may contract for it and accept grants.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.5. Parkinson’s Disease Registry [103860 - 103865] ( Chapter 1.5 added by Stats. 2004, Ch. 945, Sec. 1. ) ## 103860. (a) The department shall conduct a program of epidemiological assessments of the incidence of Parkinson’s disease. The program shall encompass all areas of the state for which Parkinson’s disease incidence data are available. The program shall include the monitoring of Parkinson’s disease associated with suspected chemical agents encountered by the general public both in occupational locations and in the environment generally. (b) The program shall be under the direction of the director, who may enter into contracts as are necessary for the conduct of the program and may accept, on behalf of the state, grants of public or private funds for the program. The director shall analyze available incidence data and prepare reports as necessary to identify Parkinson’s disease hazards to the public health and their remedies. (c) This chapter shall be implemented only to the extent funds from federal or private sources are made available for this purpose. When the department determines that sufficient private or federal funds have been received for the implementation of this chapter, the department shall provide notification of the receipt of the funds on its Internet Web site and shall also provide that information to associations representing physicians and pharmacists, and directly to the California State Board of Pharmacy and the Medical Board of California within 90 days. (d) The department is encouraged to convene a task force comprised of researchers with expertise in Parkinson’s disease, advocates for patients with Parkinson’s disease, and other individuals with relevant expertise to provide support and advice for the implementation and funding of the California Parkinson’s Disease Registry. (Added by Stats. 2004, Ch. 945, Sec. 1. Effective January 1, 2005.)
  23. 103865.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.5. Parkinson’s Disease Registry [103860 - 103865] ( Chapter 1.5 added by Stats. 2004, Ch. 945, Sec. 1. )

    Verify source ↗

    The director must create and phase in a statewide Parkinson’s disease reporting system, and healthcare providers and facilities in designated reporting areas must report cases and provide access to relevant records, subject to confidentiality rules.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.5. Parkinson’s Disease Registry [103860 - 103865] ( Chapter 1.5 added by Stats. 2004, Ch. 945, Sec. 1. ) ## 103865. (a) The director shall establish a statewide system for the collection of information determining the incidence of Parkinson’s disease. Commencing January 1, 2005, the director shall begin phasing in the statewide Parkinson’s disease reporting regions. By July 1, 2006, all county or regional registries shall be implemented or initiated. By July 1, 2007, the statewide Parkinson’s disease reporting system shall be fully operational. On or before June 1, 2005, the director shall submit an implementation and funding schedule to the Legislature. (b) The department may designate any demographic parts of the state as regional Parkinson’s disease incidence reporting areas and may establish regional Parkinson’s disease registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide to the department, on a timely basis, Parkinson’s disease incidence data as designated by the department. The department may contract with an agency, including, but not limited to, a health systems agency, single-county health department, multicounty health department grouping, or nonprofit professional association, representing a designated Parkinson’s disease reporting region for the purposes of collecting and collating Parkinson’s disease incidence data. (c) The director shall designate Parkinson’s disease as a disease required to be reported in the state or any demographic parts of the state in which Parkinson’s disease information is collected under this section. All cases of Parkinson’s disease diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the Parkinson’s disease data, or any individual, agency, or organization designated to cooperate with that representative. (d) (1) Any hospital or other facility providing therapy to Parkinson’s disease patients within an area designated as a Parkinson’s disease reporting area shall report each case of Parkinson’s disease to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information. (2) Any physician and surgeon, pharmacist, or other health care practitioner diagnosing or providing treatment for Parkinson’s disease patients shall report each Parkinson’s disease case to the department or the authorized representative of the department except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnosis or treatment of that instance of Parkinson’s disease. (e) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinson’s disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinson’s disease or would establish characteristics of Parkinson’s disease, treatment of Parkinson’s disease, or medical status of any identified Parkinson’s disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund. (f) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.” (2) The department and any regional Parkinson’s disease registry designated by the department shall use the information to determine the sources of Parkinson’s disease. (3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information. (4) The department and any regional Parkinson’s disease registry designated by the department may enter into agreements to furnish confidential information to other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local health officers, or health researchers for the purposes of determining the sources of Parkinson’s disease and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following: (A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (B) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information. (5) Notwithstanding any other provision of law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed. (6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. (7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department. (8) Notwithstanding any other provision of law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. (9) Nothing in this subdivision shall prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information. (10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code. (g) For the purpose of this section, “Parkinson’s disease” means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait. (h) Nothing in this section shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson’s disease to maintain their own facility-based Parkinson’s disease registries. (Added by Stats. 2004, Ch. 945, Sec. 1. Effective January 1, 2005.)
  24. 103870.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.6. Richard Paul Hemann Parkinson’s Disease Program [103870 - 103870.1] ( Chapter 1.6 added by Stats. 2017, Ch. 52, Sec. 12. )

    Verify source ↗

    The department must collect and report Parkinson’s disease data, and certain health providers must report cases and grant record access.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.6. Richard Paul Hemann Parkinson’s Disease Program [103870 - 103870.1] ( Chapter 1.6 added by Stats. 2017, Ch. 52, Sec. 12. ) ## 103870. (a) Beginning January 1, 2018, the department shall collect data on the incidence of Parkinson’s disease in California. The program shall be known, and may be cited, as the Richard Paul Hemann Parkinson’s Disease Program. (b) The department shall establish a system for the collection of information determining the incidence and prevalence of Parkinson’s disease. The department shall designate Parkinson’s disease as a disease required to be reported in the state or any part of the state. All cases of Parkinson’s disease diagnosed or treated in California shall be reported to the department. (c) The department shall provide notification of the mandatory reporting of Parkinson’s disease on its Internet Web site and shall also provide that information to associations representing physicians and hospitals and directly to the Medical Board of California at least 90 days prior to requiring information be reported. (d) Beginning July 1, 2018, a hospital, facility, physician and surgeon, or other health care provider diagnosing or providing treatment to Parkinson’s disease patients shall report each case of Parkinson’s disease to the department in a format prescribed by the department. (e) If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information. (f) All physicians, hospitals, outpatient clinics, and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with Parkinson’s disease shall grant to the department or the authorized representative access to all records that would identify cases of Parkinson’s disease or would establish characteristics of Parkinson’s disease, treatment of Parkinson’s disease, or medical status of any identified Parkinson’s disease patient. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund. (g) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.” (h) The program shall be under the direction of the director, who may enter into contracts, grants, or other agreements as are necessary for the conduct of the program. The award of these contracts, grants, or funding agreements shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. This chapter shall be implemented only to the extent funds are made available for its purposes. (Added by Stats. 2017, Ch. 52, Sec. 12. (SB 97) Effective July 10, 2017.)
  25. 103870.1.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.6. Richard Paul Hemann Parkinson’s Disease Program [103870 - 103870.1] ( Chapter 1.6 added by Stats. 2017, Ch. 52, Sec. 12. )

    Verify source ↗

    This section lets certain qualified health researchers access confidential Parkinson’s disease information if they meet department requirements and agree in writing to keep it confidential. It also lets the department share the information under written confidentiality conditions and limits later use and disclosure.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.6. Richard Paul Hemann Parkinson’s Disease Program [103870 - 103870.1] ( Chapter 1.6 added by Stats. 2017, Ch. 52, Sec. 12. ) ## 103870.1. (a) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information collected by the department pursuant to Section 103870. (b) The department may enter into agreements to furnish confidential information to other states’ Parkinson’s disease registries, federal Parkinson’s disease control agencies, local health officers, or health researchers for the study of Parkinson’s disease. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following: (1) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (2) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information. (c) Notwithstanding any other law, a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed. (d) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. (e) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department. (f) Notwithstanding any other law, the confidential information shall not be available for subpoena, shall not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. The confidential information shall not be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. (1) This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information. (2) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to his or her own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code. (g) For the purposes of this section, “Parkinson’s disease” means a chronic and progressive neurologic disorder resulting from deficiency of the neurotransmitter dopamine as the consequence of degenerative, vascular, or inflammatory changes in the area of the brain called the basal ganglia. It is characterized by tremor at rest, slow movements, rigidity of movement, droopy posture, muscle weakness, and unsteady or shuffling gait. (h) This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with Parkinson’s disease to maintain their own facility-based Parkinson’s disease registries. (Added by Stats. 2017, Ch. 52, Sec. 12. (SB 97) Effective July 10, 2017.)
  26. 103871.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.7. California Neurodegenerative Disease Registry Program [103871 - 103871.2] ( Chapter 1.7 added by Stats. 2021, Ch. 143, Sec. 20. )

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    The department must collect and organize neurodegenerative disease reporting data, and healthcare providers must report cases and grant record access to the department in specified situations.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.7. California Neurodegenerative Disease Registry Program [103871 - 103871.2] ( Chapter 1.7 added by Stats. 2021, Ch. 143, Sec. 20. ) ## 103871. (a) The department shall collect data on the incidence of neurodegenerative disease in California. (b) The department shall establish a system for the collection of information determining the incidence and prevalence of neurodegenerative diseases, including, but not limited to, amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease. The department shall designate the specified neurodegenerative diseases as a disease required to be reported in the state or any part of the state. All cases of neurodegenerative disease diagnosed or treated in California shall be reported to the department. (c) The department shall provide notification of the mandatory reporting of neurodegenerative disease on its internet website and shall also provide that information to associations representing physicians and hospitals and directly to the Medical Board of California at least 90 days prior to requiring information be reported. (d) A hospital, facility, physician and surgeon, or other health care provider diagnosing or providing treatment for a patient with a neurodegenerative disease shall report each case of a neurodegenerative disease to the department in a format prescribed by the department. (e) If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other facility shall reimburse the department or the authorized representative for its costs to access and report the information. (f) A physician and surgeon, hospital, outpatient clinic, and any other facility, individual, or agency providing diagnostic or treatment services to a patient with a neurodegenerative disease shall grant to the department or the authorized representative access to all records that would identify a case of a neurodegenerative disease or would establish characteristics of a neurodegenerative disease, treatment of a neurodegenerative disease, or medical status of any identified patient with a neurodegenerative disease. Willful failure to grant access to those records shall be punishable by a civil penalty of up to five hundred dollars ($500) each day access is refused. Any civil penalties collected pursuant to this subdivision shall be deposited by the department in the General Fund. (g) Except as otherwise provided in this chapter, all information collected pursuant to this section shall be confidential. For purposes of this chapter, this information shall be referred to as “confidential information.” (h) The program shall be under the direction of the director, who may enter into contracts, grants, or other agreements as are necessary for the conduct of the program. The award of these contracts, grants, or funding agreements shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. This chapter shall be implemented only to the extent funds are made available for its purposes. (i) For the purposes of this section, “neurodegenerative disease” may also include, but need not be limited to, Alzheimer’s disease, multiple sclerosis, and Huntington’s disease. (Amended by Stats. 2023, Ch. 522, Sec. 1. (AB 424) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 103871.2.)
  27. 103871.1.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.7. California Neurodegenerative Disease Registry Program [103871 - 103871.2] ( Chapter 1.7 added by Stats. 2021, Ch. 143, Sec. 20. )

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    This section lets certain qualified researchers and others receive confidential registry information if they agree to keep it confidential, and it requires the department to keep access records and limit further disclosure.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.7. California Neurodegenerative Disease Registry Program [103871 - 103871.2] ( Chapter 1.7 added by Stats. 2021, Ch. 143, Sec. 20. ) ## 103871.1. (a) A person with a valid scientific interest who is engaged in demographic, epidemiological, or other similar studies related to health who meets qualifications as determined by the department, and who agrees, in writing, to maintain confidentiality, may be authorized access to confidential information collected by the department pursuant to Section 103871. (b) The department may enter into agreements to furnish confidential information to other states’ neurodegenerative disease registries, federal neurodegenerative disease control agencies, local health officers, or health researchers for the study of neurodegenerative diseases. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers, shall also do both of the following: (1) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (2) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information. (c) Notwithstanding any other law, a disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed. (d) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. (e) (1) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include all of the following information: (A) Name of the person authorizing access. (B) Name, title, address, and organizational affiliation of persons given access. (C) Dates of access. (D) Specific purpose for which information is to be used. (2) The record of access shall be open to public inspection during normal operating hours of the department. (f) Notwithstanding any other law, the confidential information shall not be available for subpoena, shall not be disclosed, discoverable, or compelled to be produced in any civil or administrative proceeding, or other similar proceeding. The confidential information shall not be deemed admissible as evidence in any civil or administrative proceeding, or other similar tribunal or court for any reason. (1) This subdivision does not prohibit the department from publishing reports and statistical compilations that do not identify individual cases or individual sources of information. (2) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to the individual’s own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code. (g) This section does not preempt the authority of a facility or an individual providing diagnostic or treatment services to a patient with a neurodegenerative disease to maintain their own facility-based neurodegenerative disease registry. (Added by Stats. 2021, Ch. 143, Sec. 20. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2028, pursuant to Section 103871.2.)
  28. 103871.2.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.7. California Neurodegenerative Disease Registry Program [103871 - 103871.2] ( Chapter 1.7 added by Stats. 2021, Ch. 143, Sec. 20. )

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    This chapter stays in force only until January 1, 2028, when it is repealed.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 1.7. California Neurodegenerative Disease Registry Program [103871 - 103871.2] ( Chapter 1.7 added by Stats. 2021, Ch. 143, Sec. 20. ) ## 103871.2. This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2021, Ch. 143, Sec. 20. (AB 133) Effective July 27, 2021. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Chapter 1.7, commencing with Section 103871.)
  29. 103875.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Ken Maddy California Cancer Registry [103875 - 103885] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 368, Sec. 1. )

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    The department must run a cancer epidemiology program, and the director directs it.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Ken Maddy California Cancer Registry [103875 - 103885] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 368, Sec. 1. ) ## 103875. (a) The department shall conduct a program of epidemiological assessments of the incidence of cancer. The program shall encompass all areas of the state for which cancer incidence data are available. The program shall include the monitoring of cancers associated with suspected carcinogens encountered by the general public both in occupational locations and in the environment generally. (b) The program shall be under the direction of the director, who may enter into contracts as are necessary for the conduct of the program and may accept, on behalf of the state, grants of public or private funds for the program. The director shall analyze available incidence data and prepare reports and perform studies as necessary to identify cancer hazards to the public health and their remedies. (c) It is the intent of the Legislature that an appropriation be included in each Budget Act in an amount sufficient to provide for the annual cost of the program. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  30. 103885.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Ken Maddy California Cancer Registry [103875 - 103885] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 368, Sec. 1. )

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    This section creates California’s cancer reporting system and requires specified health providers to report cancer cases and grant records access.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 2. Ken Maddy California Cancer Registry [103875 - 103885] ( Heading of Chapter 2 amended by Stats. 2000, Ch. 368, Sec. 1. ) ## 103885. (a) The director shall establish a statewide system for the collection of information determining the incidence of cancer, using population-based regional cancer registries modeled after the Cancer Surveillance Program of Orange County. As of the effective date of this section, the director shall begin phasing in the statewide cancer reporting system. By July 1, 1988, all county or regional registries shall be implemented or initiated. By July 1, 1990, the statewide cancer reporting system shall be fully operational. Within 60 days of the effective date of this section, the director shall submit an implementation and funding schedule to the Legislature. (b) The department may designate any demographic parts of the state as regional cancer incidence reporting areas and may establish regional cancer registries, with the responsibility and authority to carry out the intent of this section in designated areas. Designated regional registries shall provide the department, on a timely basis, cancer incidence data, as designated by the department. The department may establish a competitive process to receive applications for, and issue, the award of a contract, grant, or allocation of funds, including, but not limited to, a cooperative agreement, subvention agreement, or any other agreement allowed by law, to an agency, including, but not limited to, a health systems agency, single county health department, multicounty health department grouping, or nonprofit professional association to operate the statewide cancer reporting system and to enter into contracts, or issue grants or funding allocations to other agencies representing a designated cancer reporting region for the purposes of collecting and collating cancer incidence data. The award of these contracts, grants, or funding allocations shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. The department shall include appropriate terms and conditions in a contract, grant, or funding allocation to ensure the proper use of state funds, including provision for reimbursement of allowable costs, financial reporting, program performance reporting, monitoring of subgrants, subcontracts, or suballocations to an agency representing a designated cancer reporting region, retention and access requirements for records, data use and management, independent auditing, termination, and disposition of assets acquired under the contract, grant, or funding allocation. (c) The director shall designate cancer as a disease required to be reported in the state or any demographic parts of the state in which cancer information is collected under this section. All cancers diagnosed or treated in the reporting area shall thereafter be reported to the representative of the department authorized to compile the cancer data, or any individual, agency, or organization designated to cooperate with that representative. (d) (1) Any hospital or other facility providing therapy to cancer patients within an area designated as a cancer reporting area shall report each case of cancer to the department or the authorized representative of the department in a format prescribed by the department. If the hospital or other facility fails to report in a format prescribed by the department, the department’s authorized representative may access the information from the hospital or the facility and report it in the appropriate format. In these cases, the hospital or other health facility shall reimburse the department or the authorized representative for its cost to access and report the information. (2) Any physician and surgeon, dentist, podiatrist, or other health care practitioner diagnosing or providing treatment for cancer patients shall report each cancer case to the department or the authorized representative of the department, except for those cases directly referred to a treatment facility or those previously admitted to a treatment facility for diagnoses or treatment of that instance of cancer. (3) (A) A pathologist or pathology laboratory diagnosing a reportable case of cancer shall report cancer diagnoses to the department utilizing the College of American Pathologists cancer protocols or any other standardized format approved by the department. (B) Reporting shall be by electronic means, including, but not limited to, either directly from an electronic medical record or using a designated internet web portal that the department shall provide for pathologists’ use. If a pathologist fails to report electronically and with an approved format, the department’s authorized representative may access the information from the pathologist in an appropriate alternative format. In these cases, the pathologist shall reimburse the department or the authorized representative for its cost to access and report the information. (C) A pathologist shall not be responsible for acquiring missing or inaccessible patient demographic information not provided to them beyond the content of the required cancer-specific data elements. (D) For purposes of reports submitted pursuant to this paragraph, the department shall prescribe the data required to be included in the report, work collaboratively with stakeholders to designate a standardized electronic format for submission, and designate an internet web portal for electronic submission. (E) This paragraph shall not be interpreted to require a pathologist to submit the same pathology report to the department, regardless of format, more than once, unless deemed necessary by the department or its authorized representative. If the department deems a pathologist noncompliant with this paragraph, the department shall notify the pathologist of the deficiencies and provide an opportunity to cure those deficiencies. The department shall not impose fines or other penalties solely based on a pathologist’s failure to comply with this paragraph. (e) Any hospital or other facility that is required to reimburse the department or its authorized representative for the cost to access and report the information pursuant to subdivision (d) shall provide payment to the department or its authorized representative within 60 days of the date this payment is demanded. In the event any hospital or other facility fails to make the payment to the department or its authorized representative within 60 days of the date the payment is demanded, the department or its authorized representative may, at its discretion, assess a late fee not to exceed 11/2 percent per month of the outstanding balance. Further, in the event that the department or its authorized representative takes a legal action to recover its costs and any associated fees, and the department or its authorized representative receives a judgment in its favor, the hospital or other facility shall also reimburse the department or its authorized representative for any additional costs it incurred to pursue the legal action. Late fees and payments made to the department by hospitals or other facilities pursuant to this subdivision shall be considered as reimbursements of the additional costs incurred by the department. (f) All physicians and surgeons, hospitals, outpatient clinics, nursing homes and all other facilities, individuals, or agencies providing diagnostic or treatment services to patients with cancer shall grant to the department or the authorized representative access to all records that would identify cases of cancer or would establish characteristics of the cancer, treatment of the cancer, or medical status of any identified cancer patient. Willful failure to grant access to those records shall be punishable by a fine of up to five hundred dollars ($500) each day access is refused. Any fines collected pursuant to this subdivision shall be deposited in the General Fund. (g) (1) Except as otherwise provided in this section, all information collected pursuant to this section shall be confidential. For purposes of this section, this information shall be referred to as “confidential information.” (2) The department and any regional cancer registry designated by the department shall use the information to determine the sources of malignant neoplasms and evaluate measures designed to eliminate, alleviate, or ameliorate their effect. (3) Persons with a valid scientific interest who are engaged in demographic, epidemiological, or other similar studies related to health who meet qualifications as determined by the department, and who agree, in writing, to maintain confidentiality, may be authorized access to confidential information. (4) The department and any regional cancer registry designated by the department may enter into agreements to furnish confidential information to other states’ cancer registries, federal cancer control agencies, local health officers, or health researchers for the purposes of determining the sources of cancer and evaluating measures designed to eliminate, alleviate, or ameliorate their effect. Before confidential information is disclosed to those agencies, officers, researchers, or out-of-state registries, the requesting entity shall agree in writing to maintain the confidentiality of the information, and in the case of researchers with a valid scientific interest as described in paragraph (3), shall also do both of the following: (A) Obtain approval of their committee for the protection of human subjects established in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (B) Provide documentation to the department that demonstrates to the department’s satisfaction that the entity has established the procedures and ability to maintain the confidentiality of the information. (5) Notwithstanding any other law, any disclosure authorized by this section shall include only the information necessary for the stated purpose of the requested disclosure, used for the approved purpose, and not be further disclosed, unless the original disclosure is for research that requires the researchers to participate in data sharing with federal or federally designated data repositories or with researchers under the direction and control of the originally approved data recipient who remains the researcher responsible for data security and integrity provided the data being disclosed does not contain individually identifiable data that could be reasonably used to identify or reidentify the data with an individual person. (6) The furnishing of confidential information to the department or its authorized representative in accordance with this section shall not expose any person, agency, or entity furnishing information to liability, and shall not be considered a waiver of any privilege or a violation of a confidential relationship. (7) The department shall maintain an accurate record of all persons who are given access to confidential information. The record shall include: the name of the person authorizing access; name, title, address, and organizational affiliation of persons given access; dates of access; and the specific purpose for which information is to be used. The record of access shall be open to public inspection during normal operating hours of the department. (8) Notwithstanding any other law, no part of the confidential information shall be available for subpoena, nor shall it be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, nor shall this information be deemed admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason. (9) This subdivision does not prohibit the publication by the department of reports and statistical compilations that do not in any way identify individual cases or individual sources of information. (10) Notwithstanding the restrictions in this subdivision, the individual to whom the information pertains shall have access to their own information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code. (h) For the purpose of this section, “cancer” means either of the following: (1) All malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma, Hodgkin’s disease, and leukemia, but excluding basal cell and squamous cell carcinoma of the skin. (2) All primary intracranial and central nervous system (CNS) tumors occurring in the following sites, irrespective of histologic type: brain, meninges, spinal cord, caudae equina, cranial nerves and other parts of the CNS, pituitary gland, pineal gland, and craniopharyngeal duct. (i) This section does not preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with cancer to maintain their own facility-based cancer registries. (j) The department, in establishing a system pursuant to this section, shall maximize the use of available federal funds. (Amended by Stats. 2023, Ch. 867, Sec. 1. (SB 344) Effective January 1, 2024.)
  31. 103900.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 3. Disorders Characterized by Lapses of Consciousness [103900- 103900.] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 4. )

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    Physicians and surgeons must immediately report certain patients age 14 or older with disorders characterized by lapses of consciousness to the local health officer, and the local health officer must then report to the DMV.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 3. Disorders Characterized by Lapses of Consciousness [103900- 103900.] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103900. (a) Every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a case of a disorder characterized by lapses of consciousness. However, if a physician and surgeon reasonably and in good faith believes that the reporting of a patient will serve the public interest, he or she may report a patient’s condition even if it may not be required under the department’s definition of disorders characterized by lapses of consciousness pursuant to subdivision (d). (b) The local health officer shall report in writing to the Department of Motor Vehicles the name, age, and address, of every person reported to it as a case of a disorder characterized by lapses of consciousness. (c) These reports shall be for the information of the Department of Motor Vehicles in enforcing the Vehicle Code, and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this state. (d) The department, in cooperation with the Department of Motor Vehicles, shall define disorders characterized by lapses of consciousness based upon existing clinical standards for that definition for purposes of this section and shall include Alzheimer’s disease and those related disorders that are severe enough to be likely to impair a person’s ability to operate a motor vehicle in the definition. The department, in cooperation with the Department of Motor Vehicles, shall list those circumstances that shall not require reporting pursuant to subdivision (a) because the patient is unable to ever operate a motor vehicle or is otherwise unlikely to represent a danger that requires reporting. The department shall consult with professional medical organizations whose members have specific expertise in the diagnosis and treatment of those disorders in the development of the definition of what constitutes a disorder characterized by lapses of consciousness as well as definitions of functional severity to guide reporting so that diagnosed cases reported pursuant to this section are only those where there is reason to believe that the patients’ conditions are likely to impair their ability to operate a motor vehicle. The department shall complete the definition on or before January 1, 1992. (e) The Department of Motor Vehicles shall, in consultation with the professional medical organizations specified in subdivision (d), develop guidelines designed to enhance the monitoring of patients affected with disorders specified in this section in order to assist with the patients’ compliance with restrictions imposed by the Department of Motor Vehicles on the patients’ licenses to operate a motor vehicle. The guidelines shall be completed on or before January 1, 1992. (f) A physician and surgeon who reports a patient diagnosed as a case of a disorder characterized by lapses of consciousness pursuant to this section shall not be civilly or criminally liable to any patient for making any report required or authorized by this section. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  32. 103925.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 4. Reyes Syndrome [103925- 103925.] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 4. )

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    A physician and surgeon treating a patient diagnosed with Reyes Syndrome must report the condition to the department within seven days of the diagnosis, using department-prescribed report forms.

    ## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 2. POPULATION AND PUBLIC HEALTH SURVEILLANCE [103825 - 103925] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 4. Reyes Syndrome [103925- 103925.] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 4. ) ## 103925. (a) The Legislature finds and declares the following: (1) The cause and the cure of Reyes Syndrome are unknown, and the number of incidences of this disease is also unknown. (2) Where the scope of a medical problem is unknown, the amount of research funds is usually small. Therefore, it is necessary to define the extent of this medical problem. (b) A physician and surgeon attending a patient diagnosed as having Reyes Syndrome shall report that condition, within seven days of the diagnosis, to the department on report forms prescribed by the department. (Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
  33. 104145.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1. The Breast Cancer Research Program [104145- 104145.] ( Article 1 added by Stats. 1996, Ch. 543, Sec. 1. )

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    This section sets up the Breast Cancer Research Program at the University of California and assigns the university and council roles in administering grants, peer review, reporting, and program oversight.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1. The Breast Cancer Research Program [104145- 104145.] ( Article 1 added by Stats. 1996, Ch. 543, Sec. 1. ) ## 104145. (a) The Legislature hereby requests the University of California to establish and administer the Breast Cancer Research Program, which is created by this act, as a comprehensive grant and contract program to support research efforts into the cause, cure, treatment, earlier detection, and prevention of breast cancer. It is the intent of the Legislature that this program incorporate the principles and organizational elements specified in this act, including, but not limited to, a research program office with a director and other necessary staff, a Breast Cancer Research Council, and research review panels. (b) For the purposes of this section: (1) “Breast cancer research” includes, but is not limited to, research in the fields of biomedical science and engineering, the social, economic and behavioral sciences, epidemiology, technology development and translation, and public health. (2) “Council” means the Breast Cancer Research Council. (3) “Grantee” means any qualifying public, private, or nonprofit agency or individual, including, but not limited to, colleges, universities, hospitals, laboratories, research institutions, local health departments, voluntary health agencies, health maintenance organizations, corporations, students, fellows, entrepreneurs, and individuals conducting research in California. (4) “Program” means the Breast Cancer Research Program. (5) “University” means the University of California. (c) It is the intent of the Legislature that this program be administered pursuant to the following principles: (1) The university shall work in close collaboration with the council and seek the consent of the council before taking an action different from the action recommended by the council. (2) The council shall develop the strategic objectives and priorities of the program, actively participate in the overall management of the program, and make final recommendations on which research grants should be funded based on the research priorities established for the program and the technical merits of the proposals as determined by peer review panels. (3) The program shall fund innovative and creative research, with a special emphasis on research that complements, rather than duplicates, the research funded by the federal government and other entities. (4) The university and the council shall work in close collaboration with the Breast Cancer Early Detection Program. (5) All research funds shall be awarded on the basis of the research priorities established for the program and the scientific merit of the proposed research, as determined by an open, competitive peer review process that ensures objectivity, consistency, and high quality. All investigators, regardless of affiliation, shall have equal access and opportunity to compete for program funds. (6) The peer review process for the selection of research grants awarded under this program shall be generally modeled on that used by the National Institutes of Health in its grantmaking process. (7) An awardee shall be awarded grants for the full cost, both direct and indirect, of conducting the sponsored research consistent with those federal guidelines governing all federal research grants and contracts. All intellectual property assets developed under this program shall be treated in accordance with state and federal law. (8) In establishing its research priorities, the council shall consider a broad range of cross-disciplinary breast cancer research, as defined in paragraph (1) of subdivision (b), including, but not limited to, research into the cause, cure, and prevention of breast cancer; translational and technological research, including research regarding the development and translation of technologies of earlier detection; research regarding the cultural, economic, and legal barriers to accessing the health care system for early detection and treatment of breast cancer; and research examining the link between breast cancer and environmental factors, including both natural and industrial chemicals, estrogen imitators, and electromagnetic fields. (d) It is the intent of the Legislature that the university, as lead agency, do all of the following: (1) Establish the Breast Cancer Research Council in accordance with the following: (A) The council shall consist of at least 13 and no more than 15 members representing a range of expertise and experience, appointed by the President of the University of California. Individuals and organizations may submit nominations to the council, and the University of California shall solicit nominations from relevant organizations and individuals. The council shall be comprised of the following members: (i) Four members from breast cancer survivor and breast cancer-related advocacy groups, including, but not limited to, the California Breast Cancer Organizations (CABCO). (ii) Four members drawn from the ranks of scientists or clinicians, including one from an independent research university in California. The scientists shall have expertise covering the various fields of scientific endeavor, including, but not limited to, the fields of biomedical research and engineering, social, economic, and behavioral research, epidemiology, and public health. (iii) Two members from nonprofit health organizations with a commitment to breast cancer research and control. (iv) One member who is a practicing breast cancer medical specialist. (v) Two members from private industry with a commitment to breast cancer research and control, including, but not limited to, entrepreneurs, or persons from the science or high technology industry or persons from the health care sector. (vi) One ex officio, nonvoting member from the Breast Cancer Early Detection Program. (B) If the president appoints more than 13 members, it is the intent of the Legislature that the proportional representation remain substantially the same as set forth in subparagraph (A). (C) Members shall serve without compensation, but may receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties. Any member of the Breast Cancer Research Council shall be ineligible to apply for or receive funding for breast cancer research from the Breast Cancer Research Program during his or her term of service on the council, and for one cycle immediately following his or her term of service on the council, if the council member helped plan that subsequent cycle. (D) Membership shall be staggered in such a way as to maintain a full council while ensuring a reasonable degree of continuity of expertise and consistency of direction. (2) Provide overall coordination of the program. (3) Provide staff assistance to the program and council. (4) Develop administrative procedures relative to the solicitation, review, and awarding of grants to ensure an impartial, high quality peer review system. (5) Recruit and supervise research review panels. The membership of these panels shall vary depending on the subject matter of the proposals and the review requirements, and shall draw on the most qualified individuals. The work of the review panels shall be administered pursuant to policies and procedures established for the implementation of the program. In order to avoid conflicts of interest and to ensure access to qualified reviewers, the university may utilize reviewers not only from California but also from outside the state. When serving on review panels, institutions, corporations, or individuals who have submitted grant applications for funding by this program shall be governed by conflict-of-interest provisions consistent with the National Institutes of Health Manual (Chapter 4510 (item h)), and any applicable conflict-of-interest provisions in state law. (6) Provide for periodic program evaluation to ensure that research funded is consistent with program goals. (7) Maintain a system of financial reporting and accountability. (8) Provide for the systematic dissemination of research results to the public and the health care community, and provide for a mechanism to disseminate the most current research findings in the areas of cause, treatment, cure, earlier detection, and prevention of breast cancer, in order that these findings may be applied to the planning, implementation, and evaluation of the breast cancer-related programs of the State Department of Health Services, including the Breast Cancer Early Detection Program authorized by this act. (9) Develop policies and procedures to facilitate the translation of research results into commercial, alternate technological, and other applications wherever appropriate and consistent with state and federal law. (10) Transmit annually on or before December 31, 2010, and every five years thereafter, a report to the Legislature on grants made, grants in progress, program accomplishments, and future program directions. Each report shall include, but not be limited to, the following information: (A) The number and dollar amounts of research grants, including the amount allocated to indirect costs. (B) The subject of research grants. (C) The relationship between federal and state funding for breast cancer research. (D) The relationship between each project and the overall strategy of the research program. (E) A summary of research findings including discussion of promising new areas. (F) The institutions and campuses receiving grant awards. In addition, the first annual report shall include an evaluation and recommendations concerning the desirability and feasibility of requiring for-profit grantees to compensate the state in the event that a grant results in the development of a profitmaking product. This evaluation shall include, but not be limited to, the costs and benefits of requiring a for-profit grantee to repay the grant, to provide the product at cost to Medi-Cal and other state programs serving low-income breast cancer patients, and to pay the state a percentage of the royalties derived from the product. (e) It is the intent of the Legislature that no more than 5 percent of the allocation to the university be used for the purposes of administration of this program. (f) It is the intent of the Legislature that the responsibilities of the council shall include, but not be limited to, the following: (1) Development and review of the strategic objectives and research priorities of the program. (2) Delineation of resource allocation across the various priorities established for the program. (3) Participation in periodic program and financial review, including the report transmitted pursuant to paragraph (10) of subdivision (d). (4) Development and review of guidelines to ensure fairness, neutrality, and adherence to the principles of merit and quality in the conduct of the program. (5) Development of appropriate linkages to nonacademic entities, including, but not limited to, voluntary organizations, health care delivery systems, industry, government agencies, research entrepreneurs, and public officials. (6) Development and review of criteria and standards for granting awards. (7) Oversight and review of the request for applications (RFA). (8) Review of research review panel reports and recommendations for grant awards. (9) Making of final recommendations on which grants are to be awarded. (10) Development and review of oversight mechanisms for the dissemination of research results. (11) Development and review of policies and liaison programs to facilitate the translation of research results into commercial, alternate technological, or other applications wherever appropriate. (12) Establishment of its own internal rules of operation. (13) Participation in the identification and recruitment of breast cancer advocates and survivors, clinicians, scientists, and persons from the science, high technology, or health care sector with relevant expertise for possible participation in a peer review panel. The council may propose to assign a member of the council to sit as a nonvoting member of the peer review panels. (Amended by Stats. 2009, Ch. 386, Sec. 28. (AB 1182) Effective January 1, 2010.)
  34. 104150.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.3. Breast and Cervical Cancer Early Detection Program Grant [104150 - 104151] ( Article 1.3 added by Stats. 2001, Ch. 171, Sec. 8.5. )

    Verify source ↗

    The department must provide breast and cervical cancer screening services under the grant, and providers or the enrolling entity must give applicants and beneficiaries enrollment and insurance-affordability information. Providers participating in the grant may only render screening services if they determine the person’s family income does not exceed 200% of the federal poverty level.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.3. Breast and Cervical Cancer Early Detection Program Grant [104150 - 104151] ( Article 1.3 added by Stats. 2001, Ch. 171, Sec. 8.5. ) ## 104150. (a) (1) A provider or entity that participates in the grant made to the department by the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the federal Public Health Service Act (42 U.S.C. Sec. 300k et seq.) in accordance with requirements of Section 1504 of that act (42 U.S.C. Sec. 300n) may only render screening services under the grant to an individual if the provider or entity determines that the individual’s family income does not exceed 200 percent of the federal poverty level. (2) Providers, or the enrolling entity, shall make available to all applicants and beneficiaries, prior to or concurrent with enrollment, information on the manner in which to apply for insurance affordability programs, in a manner determined by the State Department of Health Care Services. The information shall include the manner in which applications can be submitted for insurance affordability programs, information about the open enrollment periods for the California Health Benefit Exchange, and the continuous enrollment aspect of the Medi-Cal program. (b) (1) The department shall provide for breast cancer and cervical cancer screening services under the grant at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. These screening services shall not be deemed to be an entitlement. (2) The following individuals shall be eligible for breast cancer screening and diagnostic services pursuant to this section if they meet all other eligibility requirements: (A) An individual of any age who is symptomatic. (B) An individual whose age is within the age range for routine breast cancer screening, as recommended by the United States Preventive Services Task Force, subject to any federal action relating to breast cancer screening that overrides those recommendations. (3) For purposes of this section, “symptomatic” means an individual presenting with an abnormality or change in the look or feel of the breast, including, but not limited to, a lump, a hard knot, thickening or swelling of the breast tissue, a change in the color, size, or shape of the breast, or any discharge from the nipple. (c) To implement the federal breast and cervical cancer early detection program specified in this section, the department may contract, to the extent permitted by Section 19130 of the Government Code, with public and private entities, or utilize existing health care service provider enrollment and payment mechanisms, including the Medi-Cal program’s fiscal intermediary. However, the Medi-Cal program’s fiscal intermediary shall only be utilized if services provided under the program are specifically identified and reimbursed in a manner that does not claim federal financial reimbursement. Any contracts with, and the utilization of, the Medi-Cal program’s fiscal intermediary shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code. Contracts to implement the federal breast and cervical cancer early detection program entered into by the department with entities other than the Medi-Cal program’s fiscal intermediary shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (d) The department shall enter into an interagency agreement with the State Department of Health Care Services to transfer that portion of the grant made to the department by the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the federal Public Health Service Act (42 U.S.C. Sec. 300k et seq.) to the State Department of Health Care Services. The department shall have no other liability to the State Department of Health Care Services under this article. (Amended by Stats. 2016, Ch. 608, Sec. 1. (AB 1795) Effective January 1, 2017.)
  35. 104151.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.3. Breast and Cervical Cancer Early Detection Program Grant [104150 - 104151] ( Article 1.3 added by Stats. 2001, Ch. 171, Sec. 8.5. )

    Verify source ↗

    The State Department of Health Care Services must give the Legislature’s fiscal committees an annual Every Woman Counts Program estimate package by January 10 and when the May Revision is released.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.3. Breast and Cervical Cancer Early Detection Program Grant [104150 - 104151] ( Article 1.3 added by Stats. 2001, Ch. 171, Sec. 8.5. ) ## 104151. Notwithstanding Section 10231.5 of the Government Code, each year, by no later than January 10 and concurrently with the release of the May Revision, the State Department of Health Care Services shall provide the fiscal committees of the Legislature with an estimate package for the Every Woman Counts Program. This estimate package shall include all significant assumptions underlying the estimate for the Every Woman Counts Program’s current-year and budget-year proposals, and shall contain concise information identifying applicable estimate components, such as caseload; a breakout of costs, including, but not limited to, clinical service activities, including office visits and consults, screening mammograms, diagnostic mammograms, diagnostic breast procedures, case management, and other clinical services; policy changes; contractor information; General Fund, special fund, and federal fund information; and other assumptions necessary to support the estimate. (Amended by Stats. 2025, Ch. 105, Sec. 25. (AB 144) Effective September 17, 2025.)
  36. 104160.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. )

    Verify source ↗

    The State Department of Health Care Services must run the Breast and Cervical Cancer Treatment Program and may use contracts or existing payment systems to do so, subject to reimbursement limits.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. ) ## 104160. (a) The State Department of Health Care Services shall develop and maintain the Breast and Cervical Cancer Treatment Program to expand and ensure quality breast and cervical cancer treatment for low-income uninsured and underinsured individuals who are diagnosed with breast or cervical cancer. (b) To implement the program, the State Department of Health Care Services may contract with public or private entities, or utilize existing health care service provider enrollment and payment mechanisms, including the Medi-Cal program’s fiscal intermediary, only if services provided under the program are specifically identified and reimbursed in a manner that does not claim federal financial reimbursement. The utilization of the Medi-Cal program’s fiscal intermediary shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code. Contracts to implement the program entered into by the State Department of Health Care Services with entities other than the Medi-Cal program’s fiscal intermediary shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended by Stats. 2012, Ch. 23, Sec. 20. (AB 1467) Effective June 27, 2012.)
  37. 104161.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. )

    Verify source ↗

    This section defines key terms used in the Breast and Cervical Cancer Treatment Program, including covered conditions, treatment services, uninsured, and underinsured.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. ) ## 104161. For the purposes of this article, the following definitions shall apply: (a) “Covered conditions” means breast or cervical cancer. (b) “Breast cancer” includes primary, recurrent, and metastatic cancers of the breast, including, but not limited to, infiltrating or in situ. (c) “Cervical cancer” includes all primary, recurrent, and metastatic cancers of the cervix, including, but not limited to, infiltrating or in situ, as well as cervical dysplasia. (d) “Treatment services” means those health care services, goods, supplies, or merchandise medically necessary to treat the covered condition or conditions with which the individual made eligible under this article has been diagnosed. (e) “Uninsured” means not covered for breast or cervical cancer treatment services by any of the following: (1) No-cost full-scope Medi-Cal. (2) Medicare. (3) A health care service plan contract or policy of disability insurance. (4) Any other form of health care coverage. (f) “Underinsured” means either of the following: (1) Covered for breast or cervical cancer treatment services by any health care insurance listed in paragraph (2), (3), or (4) of subdivision (e), but the sum of the individual’s insurance deductible, premiums, and expected copayments in the initial 12-month period that breast or cervical cancer treatment services are needed exceeds seven hundred fifty dollars ($750). (2) Covered by share-of-cost or limited-scope Medi-Cal, if the individual is not otherwise eligible for treatment services under the Medi-Cal program pursuant to Section 14007.71 of the Welfare and Institutions Code. (Amended by Stats. 2018, Ch. 34, Sec. 8. (AB 1810) Effective June 27, 2018.)
  38. 104161.1.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. )

    Verify source ↗

    If someone qualifies for treatment under this article because of breast cancer, cervical cancer, or a recurrence of either, the treatment services must continue for the treatment period as long as they still meet all other eligibility requirements.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. ) ## 104161.1. (a) If an individual is made eligible for treatment services under this article due to a diagnosis of breast cancer, the treatment services shall be provided for the duration of the period of treatment, as long as the individual continues to meet all other eligibility requirements. (b) If an individual is made eligible for treatment services under this article due to a diagnosis of cervical cancer, the treatment services shall be provided for the duration of the period of treatment, as long as the individual continues to meet all other eligibility requirements. (c) If an individual is diagnosed with a reoccurrence of breast cancer or cervical cancer, whether at the original cancer site or a different cancer site, the individual shall be eligible for coverage for the duration of the period of treatment, as long as the individual continues to meet all other eligibility requirements. (Amended by Stats. 2018, Ch. 34, Sec. 9. (AB 1810) Effective June 27, 2018.)
  39. 104162.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. )

    Verify source ↗

    An individual may receive treatment services under this article if all listed eligibility criteria are met.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. ) ## 104162. An individual shall be eligible to receive treatment services pursuant to this article provided that all of the following criteria are met: (a) The individual is a resident of California. (b) The individual is uninsured or underinsured. (c) The individual, who meets the income standards described in subdivision (d), was screened for breast or cervical cancer by a provider or entity participating in the Centers for Disease Control and Prevention breast and cervical cancer early detection program established under Title XV of the Public Health Service Act (42 U.S.C. Sec. 300k et seq.) in accordance with requirements of Section 1504 of that act (42 U.S.C. Sec. 300n) and needs treatment for breast or cervical cancer. (d) As determined by the provider performing the screening and diagnosis, the individual has family income at or below 200 percent of the federal poverty level. (e) The individual has filed a completed application for eligibility for treatment services under the Medi-Cal program pursuant to Section 14007.71 of the Welfare and Institutions Code, and has been found ineligible for benefits under that section. (Repealed and added by Stats. 2001, Ch. 171, Sec. 9. Effective August 10, 2001. Operative January 1, 2002, by Sec. 59 of Ch. 171.)
  40. 104162.1.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. )

    Verify source ↗

    For underinsured individuals, the State Department of Health Care Services is the payer of second resort for treatment services and may cover certain breast or cervical cancer costs or provide uncovered treatment services when needed.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. ) ## 104162.1. If an individual is underinsured, as defined in subdivision (f) of Section 104161, the State Department of Health Care Services shall be the payer of second resort for treatment services. To the extent necessary for the individual to obtain treatment services under any health care insurance listed in paragraph (2), (3), or (4) of subdivision (e) of Section 104161, the State Department of Health Care Services may do the following: (a) Pay for the individual’s breast or cervical cancer copayments, premiums, and deductible. (b) Provide only treatment services not otherwise covered by any health care insurance listed in paragraph (2), (3), or (4) of subdivision (e) of Section 104161. (Amended by Stats. 2018, Ch. 34, Sec. 10. (AB 1810) Effective June 27, 2018.)
  41. 104162.2.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. )

    Verify source ↗

    Certain breast or cervical cancer screens may be used for eligibility only to the same extent that Medi-Cal uses them for eligibility determinations.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. ) ## 104162.2. For the purposes of establishing eligibility for treatment services under this article, breast or cervical cancer screens performed by providers or entities not described in subdivision (c) of Section 104162 may be used only to the same extent the screens are used by the Medi-Cal program for the purpose of determining eligibility pursuant to Section 14007.71 of the Welfare and Institutions Code, as approved by the federal Health Care Financing Administration. (Added by Stats. 2001, Ch. 171, Sec. 9. Effective August 10, 2001. Operative January 1, 2002, by Sec. 59 of Ch. 171.)
  42. 104163.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. )

    Verify source ↗

    The State Department of Health Care Services must provide breast and cervical cancer treatment services under this article, funded at the level budgeted from state and other resources when the Legislature has appropriated funds for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.5. Breast and Cervical Cancer Treatment Program [104160 - 104163] ( Article 1.5 repealed and added by Stats. 2001, Ch. 171, Sec. 9. ) ## 104163. The State Department of Health Care Services shall provide for breast cancer and cervical cancer treatment services pursuant to this article at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. These treatment services shall not be deemed to be an entitlement. (Amended by Stats. 2012, Ch. 23, Sec. 22. (AB 1467) Effective June 27, 2012.)
  43. 104170.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.7. Human Leukocyte Antigen Testing Fund [104170- 104170.] ( Article 1.7 added by Stats. 2000, Ch. 93, Sec. 22. )

    Verify source ↗

    The Human Leukocyte Antigen Testing Fund is created in the State Treasury and administered by the State Department of Health Services.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 1.7. Human Leukocyte Antigen Testing Fund [104170- 104170.] ( Article 1.7 added by Stats. 2000, Ch. 93, Sec. 22. ) ## 104170. (a) The Human Leukocyte Antigen Testing Fund is hereby established in the State Treasury, to be administered by the State Department of Health Services. Moneys in the fund shall be subject to appropriation in the annual Budget Act, and shall be used to pay the costs of blood collection and human leukocyte antigen typing, also referred to as histocompatibility locus antigen (HLA) testing, for A, B, and DR antigens for use in bone marrow transplantation by California blood centers under contract with the federal National Marrow Donor Program provided for pursuant to Public Law 101-302. (b) Moneys in the fund may only be expended if the individual being tested completes and signs an informed consent form authorizing the use of test results for participation in the federal program referred to in subdivision (a). The form shall require a declaration from the donor as to whether he or she has health plan benefits that would cover the cost of HLA testing. Moneys in the fund shall not be used to pay for the testing of a health plan enrollee if the health plan covers the cost of HLA testing for the enrollee. (Amended by Stats. 2001, Ch. 159, Sec. 132. Effective January 1, 2002.)
  44. 104175.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    The Legislature states that cancer remains a serious problem for Californians and imposes major health-care and economic costs.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104175. The Legislature finds and declares that decades after the war on cancer was declared, it remains an insidious killer of Californians. Simultaneously, cancer absorbs millions of dollars from California’s economy through health care costs, and takes an horrendous toll on the personal lives of citizens. (Added by Stats. 1997, Ch. 756, Sec. 1. Effective January 1, 1998.)
  45. 104180.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    This section establishes the Cancer Research Fund in the State Treasury and allows the department to spend fund money only after legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104180. The Cancer Research Fund is hereby established in the State Treasury. Moneys in the fund shall be available for expenditure by the department, upon appropriation by the Legislature. The fund shall consist of money accepted by the department from grants and donations from private entities and of public moneys transferred to the fund. It is the intent of the Legislature that, after the initial appropriation made pursuant to Assembly Bill 1554 of the 1997–98 Regular Session, the fund be enhanced by annual allocations determined in subsequent budget acts. (Amended by Stats. 2001, Ch. 246, Sec. 1. Effective September 5, 2001.)
  46. 104181.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    Cancer Research Fund money must be used for cancer research, and the Health Services Department must run the Cancer Research Program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104181. (a) The moneys in the Cancer Research Fund, established pursuant to Section 104180, shall be expended for the purpose of cancer research. (b) The State Department of Health Services shall establish and administer the Cancer Research Program created by this article in a manner that will ensure the participation of both private sector and public research organizations. The State Department of Health Services may contract with nonprofit organizations, foundations, or public entities to administer the Cancer Research Program created by this article. A nonprofit organization shall be established under Section 501(c)(3) of the Internal Revenue Code for the purpose of conducting public health research. A nonprofit organization, foundation, or public entity shall have prior experience administering research programs offering comprehensive grant and contract opportunities for research concerning public health and disease-related projects, with substantial participation by private entities and public research organizations. In addition, a nonprofit organization, foundation, or public entity shall have experience in seeking, combining, and maximizing private funding to supplement public funding of projects. It is the intent of the Legislature that this program incorporate the principles and organizational elements set forth in this article, including, but not limited to, a research program office with a director and other essential staff, a cancer research council, and a research peer review panel. (c) For the purposes of this article, all of the following shall apply: (1) “Cancer research” is research with respect to the cause and prevention, cure, diagnosis, and treatment of cancer, including, but not limited to, intramural and extramural research in the fields of biomedical science and engineering, economics, epidemiology, diet and lifestyle, public health, and technology development and translation, with emphasis on noninvasive treatments. (2) “Department” means the State Department of Health Services. (3) “Grantee” means any qualifying public, private, or nonprofit agency or individual, including, but not limited to, colleges, universities, hospitals, laboratories, research institutions, local health departments, voluntary health agencies, cancer registries, health maintenance organizations, publicly traded or private corporations, students, fellows, entrepreneurs, and individuals conducting research in this state. A grantee may also be a corporation that is headquartered in California and that will conduct a substantial majority of the grant’s research in this state. (4) “Indirect costs” includes use allowance for research facilities, heating, lighting, library services, health and safety services, project administration, and building maintenance, as defined by federal cost accounting guidelines for federally sponsored research. (5) “Program” means the Cancer Research Program. (6) “Council” means the Cancer Research Council established pursuant to Section 104182. (Added by Stats. 1997, Ch. 756, Sec. 1. Effective January 1, 1998.)
  47. 104181.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    When awarding grants under this program, the department must not encumber money from a fiscal year other than the one in which the appropriation was made, starting with nonobligated 2000–01 funds, unless it has multiyear spending authority for those funds.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104181.5. The department, in awarding grants under this program, shall not encumber money allocated in any fiscal year other than the fiscal year in which the appropriation was made beginning with nonobligated 2000–01 fiscal year funds, subject to receiving multiyear spending authority for those funds. (Added by Stats. 1999, Ch. 751, Sec. 1. Effective January 1, 2000.)
  48. 104181.6.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    Money appropriated to the department for the Cancer Research Program may be used over extended periods for that program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104181.6. Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2002 and any other provision of law, commencing with the appropriation for the 2002–03 fiscal year, and for each fiscal year thereafter, any amount appropriated to the department for the Cancer Research Program shall be available, for purposes of that program, for encumbrance for one fiscal year beyond the year of appropriation and for expenditure for three fiscal years beyond the year of encumbrance. (Added by Stats. 2003, Ch. 230, Sec. 6. Effective August 11, 2003.)
  49. 104182.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    This section establishes the Cancer Research Council, sets how its members are appointed, and requires some appointments and vacancy-filling to happen on a timeline.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104182. (a) The Cancer Research Council is hereby established, to consist of 15 members appointed by the Director of Health Services representing a range of expertise and experience, and the chief of the California Cancer Registry as an ex officio, nonvoting member. The voting members shall be appointed by February 15, 1998, as follows: (1) Nine members from persons recommended by relevant organizations, as follows: (A) One member drawn from a cancer survivor group or cancer-related advocacy group. (B) Five members drawn from the ranks of scientists or clinicians, two from public universities or research organizations, and three from private universities or research organizations. The scientists shall have expertise in one or more of the various fields of cancer research. (C) One member who is a practicing cancer medical specialist from a health organization with a commitment to cancer research and control. (D) Two members from private industry with an interest in cancer research and control, including, but not limited to, entrepreneurs or persons from the science or high technology industry. (2) Three members nominated by the Senate Committee on Rules as follows: (A) One member drawn from a cancer survivor group or cancer-related advocacy group. (B) One member drawn from a health organization. (C) One member drawn from private industry with an interest in cancer research or control. (3) Three members nominated by the Speaker of the Assembly as follows: (A) One member drawn from a cancer survivor group or cancer-related advocacy group. (B) One member drawn from a health organization. (C) One scientist or clinician who has expertise in one or more of the various fields of cancer research. (b) It is the intent of the Legislature that the council contain the proportional representation of appointees described in subdivision (a) when the council approves the funding of research grants, and that vacancies affecting the proportional representation be filled before grants are approved, and within 45 days of the occurrence of a vacancy. (c) Members shall serve without compensation, but may receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties. (d) All appointments shall be for a term of four years, except that, for purposes of the initial appointments, the Director of Health Services shall appoint five members to four-year terms, five members to three-year terms, and five members to two-year terms. Each of those groups of five members shall include three members appointed under paragraph (1) of subdivision (a), one member appointed under paragraph (2) of that subdivision, and one member appointed under paragraph (3) of that subdivision. (Added by Stats. 1997, Ch. 755, Sec. 3. Effective January 1, 1998.)
  50. 104182.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    A majority of the appointed members of the Cancer Research Council must be present and voting for certain research-priority approvals and grantmaking recommendations.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104182.5. Not less than a majority of the appointed members of the Cancer Research Council shall be present and voting for approval and selection of research priorities under Section 104185 and ultimate recommendations to the State Department of Health Services regarding grantmaking decisions. (Added by Stats. 1999, Ch. 751, Sec. 2. Effective January 1, 2000.)
  51. 104182.7.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    The department must grant at least 65% of any fiscal year research appropriation to cancer research proposals directly researching gender-specific cancers.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104182.7. (a) The department shall grant a minimum of 65 percent of any fiscal year appropriation that is awarded for research to cancer research proposals directly researching gender-specific cancers. (b) Any amount of funding for gender-specific cancer research for any fiscal year, to the extent the amount is below the threshold minimum allocation for any fiscal year established pursuant to subdivision (a), shall be carried forward, upon approval of the council for the following fiscal year or years for gender-specific cancer research, to the extent allowed by the limitations on the appropriated funds subject to that allocation. Funding allocations carried over from any fiscal year under this subdivision shall be in addition to the funding allocation for gender-specific cancer research for fiscal years to which the additional allocation is transferred pursuant to this subdivision. (Added by Stats. 1999, Ch. 751, Sec. 3. Effective January 1, 2000.)
  52. 104185.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    This section sets rules for how the cancer research program must be organized, funded, and run.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104185. (a) This program shall incorporate the principles and organizational elements set forth in this article, including, but not limited to, a research program office with a director and other essential staff, a research council, and a research peer review panel. No more than 10 percent of the annual allocation for this program, up to a maximum of five hundred thousand dollars ($500,000), shall be expended annually for the total administrative costs of the program. Administrative costs shall be kept to a strict minimum. (b) The program shall be administered pursuant to the following principles: (1) The department shall work in close collaboration with the council and seek the advice of the council before taking an action different from an action recommended by the council. (2) The council shall participate in the development of the strategic objectives and priorities of the program based on the intent of this article and advise on what and how many research grants should be funded based on the research priorities that are established for the program and the technical merits of the proposals as determined by the peer review panels. (3) The research priorities shall reflect, and the program shall fund, innovative and creative research, with a special emphasis on research that complements, rather than duplicates, the research funded by the federal government and other entities. (4) All research funds shall be awarded on the basis of the priorities established for the program, statutorily or by the council, and the scientific merit and clinical applicability of the proposed research, as determined by an open, competitive peer review process that ensures objectivity, consistency, and high quality. All investigators, regardless of affiliation, shall have equal access and opportunity to compete for program funds. (5) The peer review process for the selection of research grants awarded under this program shall be generally modeled on that used by the National Institute of Health in its grantmaking process, including the appeals process, but shall reflect in composition the creativity and diversity called for in this article and in the research priorities established in this article and by the council. (6) A grantee shall be awarded grants for both direct and indirect costs of conducting the sponsored research consistent with those federal guidelines governing all federal research grants and contracts. All intellectual property assets developed under this program shall be treated in accordance with state and federal law. (7) In establishing research priorities, the council shall consider a broad range of cross-disciplinary cancer research, as defined in paragraph (1) of subdivision (c) of Section 104181, including, but not limited to, research into the cause and prevention, cure, diagnosis, and treatment of cancer, emphasizing gender-specific cancers, based on magnitude of incidence and mortality, that have not previously received state funding. (Added by Stats. 1997, Ch. 756, Sec. 1. Effective January 1, 1998.)
  53. 104187.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    The State Department of Health Services must coordinate the cancer research program, manage grants and review panels, report to the Legislature, and follow conflict-of-interest rules.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104187. The State Department of Health Services shall do all of the following: (a) Provide overall coordination of the program. (b) Provide staff assistance to the program and council. (c) Develop administrative procedures relative to the solicitation, review, and awarding of grants to ensure an impartial, high-quality peer review system. (d) Recruit and supervise research review panels. The membership of these panels shall vary depending on the subject matter of proposals and review requirements, and shall draw on the most qualified individuals. The work of the review panels shall be administered pursuant to policies and procedures established for the implementation of the program. In order to avoid conflicts of interest and to ensure access to qualified reviewers, the department may utilize reviewers not only from California but also from outside the state. When serving on review panels, institutions, corporations, or individuals who have submitted grant applications for funding by this program shall be governed by conflict-of-interest provisions consistent with Section 52h.5 of Title 42 of the Code of Federal Regulations governing scientific review of research grant applications, and any applicable conflict-of-interest provisions in state law. Any appointed member of the Cancer Research Council shall be ineligible to apply for or receive funding for cancer research from the Cancer Research Program during his or her term of service on the council, and for one cycle immediately following his or her term of service on the council, if the council member helped plan that subsequent cycle. (e) Provide for periodic program evaluation to ensure that research funded is consistent with program goals. (f) Disseminate grant moneys within 60 days of notification of the award and maintain a system of financial reporting and accountability. Grant moneys disseminated pursuant to this subdivision shall be available for expenditure for a period of three years beginning with funds appropriated in the 1998–99 fiscal year. (g) Provide for the systematic dissemination of research results to the public and the health care community, including work to produce public service advertising on screening and research results, and provide for a mechanism to disseminate the most current research findings in the areas of cause and prevention, cure, diagnosis, and treatment of cancer, in order that these findings may be applied to the planning, implementation, and evaluation of any cancer-related programs of the department. (h) Develop policies and procedures to facilitate the translation of research results into commercial, alternate technological, and other applications wherever appropriate and consistent with state and federal law. (i) Transmit, on or before December 31, 1998, and annually on or before each December 31 thereafter, a report to the Legislature on grants made, grants in progress, program accomplishments, and future program directions. Each report shall include, but not be limited to, all of the following information: (1) The number and dollar amounts of research grants, including the amount allocated to indirect costs. (2) The subject of research grants. (3) The relationship between federal and state funding for cancer research. (4) The relationship between each project and the overall strategy of the research program. (5) A summary of research findings, including discussion of promising new areas. (6) The corporations, institutions, and campuses receiving grant awards. (Amended by Stats. 1999, Ch. 751, Sec. 4. Effective January 1, 2000.)
  54. 104187.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    Peer review panels may recommend a grant for a cancer research proposal, but only if a single adjustment or correction is made before funding is received.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104187.5. Peer review panels, in reviewing proposals for cancer research, may recommend the awarding of a grant to a cancer research proposal on the condition that a single adjustment or correction be made before the receipt of funding under this article. (Added by Stats. 1999, Ch. 751, Sec. 5. Effective January 1, 2000.)
  55. 104188.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    Institutions under this article may not charge more than a 25% indirect cost rate on any cancer research program grant, measured against the institution’s direct costs.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104188. The maximum indirect cost rate that may be charged on any cancer research program grant awarded to any institution under this article shall not be more than 25 percent of the institution’s direct costs. (Added by Stats. 2002, Ch. 1161, Sec. 9. Effective September 30, 2002.)
  56. 104189.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. )

    Verify source ↗

    The council has multiple ongoing responsibilities for planning, reviewing, and overseeing the cancer research program, and it may propose adding a nonvoting council member to peer review panels.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2. The Cancer Research Act of 1997 [104175 - 104189] ( Article 2 added by Stats. 1997, Ch. 756, Sec. 1. ) ## 104189. The responsibilities of the council shall include, but not be limited to, all of the following: (a) Development and review of the strategic objectives and research priorities of the program. (b) Delineation of resource allocation across the various priorities established for the program. (c) Participation in periodic program and financial review, including the report transmitted pursuant to subdivision (i) of Section 104187. (d) Development and review of guidelines to ensure fairness, neutrality, and adherence to the principles of merit and quality in the conduct of the program. (e) Development of appropriate linkages to nonacademic entities, including, but not limited to, voluntary organizations, health care delivery systems, industry, government agencies, research entrepreneurs, and public officials. (f) Development and review of criteria and standards for granting awards. (g) Oversight and review of the request for applications (RFA). (h) Review of research review panel reports and recommendations for grant awards. (i) Make recommendations relating to the grants that are to be awarded. (j) Development and review of oversight mechanisms for the dissemination of research results. (k) Development and review of policies and liaison programs to facilitate the translation of research results into commercial, alternate technological, or other applications wherever appropriate. ( l) Establishment of its own internal rules of operation. (m) Participation in the identification and recruitment of scientists with relevant expertise for possible participation in a peer review panel. The council may propose to assign a member of the council to sit as a nonvoting member of the peer review panels. (Added by Stats. 1997, Ch. 756, Sec. 1. Effective January 1, 1998.)
  57. 104190.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. )

    Verify source ↗

    This article defines “Disease” and “Lyme Disease Support Network” for use in the article.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. ) ## 104190. As used in this article the following definitions apply: (a) “Disease” means Lyme disease recognized by the presence of the spirochete (borrelia burgdorferi), a spiral-shaped bacterium, in the human body. (b) “Lyme Disease Support Network” means the groups organized through hospitals and volunteer organizations to counsel and provide support to those individuals who have contracted the disease. (Added by Stats. 1999, Ch. 668, Sec. 2. Effective January 1, 2000.)
  58. 104191.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. )

    Verify source ↗

    This section creates the Lyme Disease Advisory Committee and says its members are appointed by the director, serve without compensation, and may be reimbursed for travel and necessary expenses.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. ) ## 104191. (a) There is hereby created in the state department the Lyme Disease Advisory Committee composed of , but not limited to, the following members: (1) One from the Lyme Disease Resource Center. (2) One from the Lyme Disease Support Network. (3) One from the California Medical Association. (4) One county public health official designated by the State Department of Health Services. (5) One from the department. (b) Members shall be appointed by, and serve at the pleasure of, the director . (c) Members of the committee shall serve without compensation, but may be reimbursed for travel and necessary expenses incurred in the performance of their duties on the committee. (Added by Stats. 1999, Ch. 668, Sec. 2. Effective January 1, 2000.)
  59. 104192.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. )

    Verify source ↗

    The Lyme Disease Advisory Committee must advise and make recommendations to the department on Lyme disease educational materials, outreach, and populations at risk.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. ) ## 104192. The Lyme Disease Advisory Committee shall advise and make recommendations to the department regarding subjects including, but not limited to, all of the following: (a) The content and geographic distribution of Lyme disease educational materials. (b) How best to provide information and outreach to the medical community. (c) How best to provide information and outreach to the general public. (d) Populations at risk of contracting Lyme disease. (Added by Stats. 1999, Ch. 668, Sec. 2. Effective January 1, 2000.)
  60. 104193.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. )

    Verify source ↗

    The department must run a Lyme disease information program and share Lyme disease information with the public, medical professionals, and the Occupational Safety and Health Standards Board; the Board may also decide which employees must get the vaccine as a condition of employment.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service [104190 - 104193] ( Article 2.5 added by Stats. 1999, Ch. 668, Sec. 2. ) ## 104193. The department shall do all of the following: (a) Establish a Lyme disease information program that provides educational materials and information services on Lyme disease to the general public and the medical community. The Lyme disease information program shall provide information on all of the following: (1) The disease in general, including its symptoms. (2) Activities that increase one’s risk of contracting the disease. (3) The use of vaccines to prevent the disease. (4) The ways to protect oneself from contracting the disease, including the use of protective clothing and tick repellants. (b) Provide detailed information regarding Lyme disease and its treatment to physicians and surgeons in affected areas. (c) Identify those segments of the population that are especially at risk of contracting Lyme disease and may provide workshops, with detailed information on the disease in those areas or communities, if recommended by the Lyme Disease Advisory Committee. (d) Provide information to the Occupational Safety and Health Standards Board about risk factors for exposure to Lyme disease. The Occupational Safety and Health Standards Board may determine which employees should be required to receive the vaccine as a condition of employment, in order to reduce the potential liability of employers and protect the health of employees. (Added by Stats. 1999, Ch. 668, Sec. 2. Effective January 1, 2000.)
  61. 104200.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 3. Cancer Awareness [104200- 104200.] ( Article 3 added by Stats. 2000, Ch. 792, Sec. 1. )

    Verify source ↗

    The department must run the Cervical Cancer Community Awareness Campaign, but only when supported by voluntary contributions and sufficient nonstate funds.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 3. Cancer Awareness [104200- 104200.] ( Article 3 added by Stats. 2000, Ch. 792, Sec. 1. ) ## 104200. (a) Subject to subdivision (e), the department shall conduct the Cervical Cancer Community Awareness Campaign to do all of the following: (1) To provide awareness, assistance, and information regarding cervical cancer and the human papillomavirus (HPV). These efforts shall include provider education aimed at promoting the awareness of HPV and its link to cervical cancer. Information regarding prevention, early detection, options for testing, and treatment costs shall be included. (2) To promote the availability of preventive treatment for cervical cancer for women in California. (3) To perform other activities related to cervical cancer. (b) (1) For purposes of the Cervical Cancer Community Awareness Campaign, the department shall establish a study of and research regarding cervical cancer. (2) The study and research shall contain, but not be limited to, statistical information in order to target appropriate regions of the state with the Cervical Cancer Community Awareness Campaign. The statistical information shall include, but not be limited to, age, ethnicity, region, and socioeconomic status of the women in the state in relation to cervical cancer. The research shall provide studies of current treatment evolutions, possible cures, and the availability of preventive care for women in the state in relation to cervical cancer. (c) To the extent feasible and appropriate, the Cervical Cancer Community Awareness Campaign shall be incorporated into existing cancer awareness programs operated by the department. (d) There is hereby established in the State Treasury the Cervical Cancer Fund to be expended by the State Department of Health Services, upon appropriation of nonstate funds by the Legislature, solely for the Cervical Cancer Community Awareness Campaign. (e) (1) The department shall conduct the Cervical Cancer Community Awareness Campaign only if voluntary contributions are received to support its activities pursuant to this section. The continued implementation of this section shall be contingent upon the receipt of voluntary contributions for that purpose. (2) Voluntary contributions received for purposes of this subdivision shall be deposited into the Cervical Cancer Fund. (f) This section shall be implemented only after the Department of Finance determines that nonstate funds in an amount sufficient to fully support the activities of this section have been deposited with the state. Thereafter, this section shall continue to be implemented only to the extent that the Department of Finance determines that sufficient nonstate funds to fully support the activities of this section have been deposited with the state for purposes of this section. If the Department of Finance determines that insufficient voluntary contributions for purposes of implementing this section have been deposited with the state by January 1, 2007, the Department of Finance shall notify either the Chief Clerk of the Assembly or the Secretary of the Senate of this fact, and this section shall be repealed on January 1, 2007, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date. (Amended by Stats. 2012, Ch. 728, Sec. 100. (SB 71) Effective January 1, 2013. Conditionally repealed on January 1, 2007, as prescribed by its own provisions.)
  62. 104210.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 4. California Firefighter Cancer Prevention and Research Program [104210 - 104210.2] ( Article 4 added by Stats. 2023, Ch. 268, Sec. 2. )

    Verify source ↗

    This section defines “eligible educational institutions” and “community-based participatory research” for the article.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 4. California Firefighter Cancer Prevention and Research Program [104210 - 104210.2] ( Article 4 added by Stats. 2023, Ch. 268, Sec. 2. ) ## 104210. For the purposes of this article, the following definitions apply: (a) “Eligible educational institutions” means University of California campuses that meet the eligibility criteria developed pursuant to Section 104210.1. (b) “Community-based participatory research” means a mechanism by which academic partners establish a meaningful and ongoing collaboration with the population of interest to ensure that the research is relevant and needed in the community and is conducted in a responsible and respectful manner. The research engages communities at different times during the research process. (Added by Stats. 2023, Ch. 268, Sec. 2. (AB 700) Effective January 1, 2024.)
  63. 104210.1.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 4. California Firefighter Cancer Prevention and Research Program [104210 - 104210.2] ( Article 4 added by Stats. 2023, Ch. 268, Sec. 2. )

    Verify source ↗

    This section creates the California Firefighter Cancer Prevention and Research Program and directs the University of California and FIRESCOPE to run and oversee a grant program for firefighter cancer research.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 4. California Firefighter Cancer Prevention and Research Program [104210 - 104210.2] ( Article 4 added by Stats. 2023, Ch. 268, Sec. 2. ) ## 104210.1. (a) The California Firefighter Cancer Prevention and Research Program is hereby established. The Legislature requests the University of California to develop and administer a competitive grant program for the purpose of awarding grants to eligible educational institutions to conduct research on the California fire service using a community-based participatory research model in collaboration with California firefighters. The research shall include, but not be limited to, understanding of biomarkers of exposure that quantify chemical carcinogens absorbed and metabolized by firefighters and studying biomarkers of effect that quantify cancer-promoting cellular changes that ultimately lead to a cancer diagnosis. (b) The University of California, in consultation with the FIRESCOPE Program, shall develop the strategic objectives and priorities of the program and receive and evaluate applications of eligible educational institutions. (c) The FIRESCOPE Program shall make the final recommendations to the University of California on which research grants should be funded based on the research priorities established for the program and the technical merits of the proposals as determined by peer review panels modeled upon the National Institutes of Health peer review process. (d) The University of California, in consultation with the FIRESCOPE Program, shall prepare a report, to be submitted to the Legislature on or before January 1, 2025, and on or before January 1, 2030. The report shall include, but not be limited to, all of the following: (1) The number and dollar amounts of research grants that have been awarded. (2) The name of each eligible educational institution receiving grant awards. (3) The name of each fire department working with the eligible educational institution conducting research funded by a grant awarded under this section. (4) A summary of research findings from the research funded by a grant awarded under this section. (e) (1) The requirement for submitting a report imposed under this section is inoperative on January 1, 2031, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted under this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 268, Sec. 2. (AB 700) Effective January 1, 2024.)
  64. 104210.2.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 4. California Firefighter Cancer Prevention and Research Program [104210 - 104210.2] ( Article 4 added by Stats. 2023, Ch. 268, Sec. 2. )

    Verify source ↗

    This article can be implemented only if the Regents of the University of California adopt a resolution agreeing to carry out the article’s duties.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Cancer [104145 - 104210.2] ( Heading of Chapter 2 amended by Stats. 2015, Ch. 303, Sec. 340. ) ## ARTICLE 4. California Firefighter Cancer Prevention and Research Program [104210 - 104210.2] ( Article 4 added by Stats. 2023, Ch. 268, Sec. 2. ) ## 104210.2. Implementation of this article shall be subject to a resolution adopted by the Regents of the University of California agreeing to undertake the duties outlined in this article. (Added by Stats. 2023, Ch. 268, Sec. 2. (AB 700) Effective January 1, 2024.)
  65. 104250.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diabetes (Reserved) [104250 - 104251] ( Chapter 4 heading added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Diabetes. [104250 - 104251] ( Article 1 added by Stats. 2016, Ch. 108, Sec. 1. )

    Verify source ↗

    The State Department of Public Health is intended to provide the Legislature information on diabetes prevention and management activities and related expenditures.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diabetes (Reserved) [104250 - 104251] ( Chapter 4 heading added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Diabetes. [104250 - 104251] ( Article 1 added by Stats. 2016, Ch. 108, Sec. 1. ) ## 104250. The Legislature finds and declares all of the following: (a) It is reported that one in seven adult Californians has diabetes, and the numbers are rising rapidly. The actual number of those whose lives are affected by diabetes is unknown and stands to be much higher when factoring in the incidence of type 1 diabetes and undiagnosed gestational diabetes. (b) California has the greatest number of annual new cases of diabetes in the United States. (c) The incidence of diabetes amongst all Californians has increased 32 percent over the past decade. (d) Over 11.4 million people in California have prediabetes, a condition that is a precursor to full onset type 2 diabetes. This suggests that the total population of those diagnosed will continue to rise in the absence of interventions. (e) The prevalence of diagnosed gestational diabetes in California has increased 60 percent in just seven years, from 3.3 percent of hospital deliveries in 1998 to 5.3 percent of hospital deliveries in 2005, with the federal Centers for Disease Control and Prevention stating that the diagnosis rate could run as high as 18.3 percent. (f) The fiscal impact to the State of California, including total health care and related costs for the treatment of diabetes, was over $35.9 billion in 2010. (g) There is a disproportionate prevalence of type 2 diabetes among Californians who are Black, Hispanic, or of Asian origin compared to the general population. As of 2010, the incidence of diabetes among Black and Hispanic people was nearly double that among non-Hispanic Whites at approximately 14 percent. Asians and Pacific Islanders, in the aggregate, experience higher rates of diabetes than other populations. Certain groups within the Asian and Pacific Islander population experience the highest prevalence and risk overall, including Filipino, South Asians, and Pacific Islanders, who suffer from diabetes at rates of 15 percent, 16 percent, and more than 18 percent, respectively. (h) A recent study of a large state with a sizable diabetes population found that the rate of diagnosed diabetes in that state’s Medicaid population is nearly double that of its general population. (i) There is no cure for any type of diabetes; however, there is evidence that diabetes can be prevented or delayed in onset through lifestyle changes and medical intervention. (j) Diabetes, when left untreated, can lead to serious and costly complications and a reduced lifespan. (k) Many of these serious complications can be delayed or avoided with timely diagnosis, effective patient self-care, and improved social awareness. (l) It is the intent of the Legislature to require the State Department of Public Health to provide to the Legislature information, including the annual federal Centers for Disease Control and Prevention progress report, on diabetes prevention and management activities conducted by the State Department of Public Health and expenditures associated with diabetes prevention and management activities. These activities are set forth by the State Department of Public Health in the California Wellness Plan 2014 and the report dated September 2014 entitled “Burden of Diabetes in California.” (Added by Stats. 2016, Ch. 108, Sec. 1. (AB 2696) Effective January 1, 2017.)
  66. 104251.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diabetes (Reserved) [104250 - 104251] ( Chapter 4 heading added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Diabetes. [104250 - 104251] ( Article 1 added by Stats. 2016, Ch. 108, Sec. 1. )

    Verify source ↗

    The State Department of Public Health must submit a diabetes prevention and management report to the Legislature by January 1, 2019, and post related funding and spending summaries on its website each year starting July 1, 2017.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diabetes (Reserved) [104250 - 104251] ( Chapter 4 heading added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Diabetes. [104250 - 104251] ( Article 1 added by Stats. 2016, Ch. 108, Sec. 1. ) ## 104251. (a) The State Department of Public Health shall submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of recommendations on diabetes prevention and management, if any, from all of the following sources: (1) The University of California. (2) The federal Centers for Disease Control and Prevention. (3) The California Wellness Plan. (4) Other statewide diabetes stakeholder groups. (5) Other entities identified by the department as having relevant findings and recommendations. (b) The department shall include in the report any recommendations from those institutions on all of the following items: (1) Evidence-based strategies to prevent or manage diabetes. (2) An analysis of the financial impact diabetes and its complications have on the state. (3) Policy recommendations for the prevention and management of diabetes. (c) The department shall also include in the report a description of the existing level of coordination between state departments with regard to programmatic activities and the provision of information to the public regarding managing and preventing diabetes and its complications. (d) Commencing July 1, 2017, the department shall annually post all of the following information on its Internet Web site: (1) A summary of the amount and source of any funding directed to the department for programs and activities aimed at preventing or managing diabetes. (2) A summary of the expenditures by the department on programs and activities aimed at preventing or managing diabetes. (e) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2024. (2) The report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2016, Ch. 108, Sec. 1. (AB 2696) Effective January 1, 2017.)
  67. 104300.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Blindness and Other Chronic Disease [104300 - 104305] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must maintain a blindness prevention program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Blindness and Other Chronic Disease [104300 - 104305] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104300. The department shall maintain a program for the prevention of blindness, including, but not limited to: (a) Studies to determine the number, distribution, and nature of conditions leading to blindness among the population of the state. (b) Investigations into the causes of blindness for the purpose of developing control procedures. (c) Consultations with, and assistance to, local agencies directed toward education for the prevention of blindness, the early identification of conditions leading to blindness, and the application of methods for reducing the amount of blindness resulting from preventable conditions. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  68. 104305.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Blindness and Other Chronic Disease [104300 - 104305] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department may make agreements with public or private organizations, agencies, or individuals to help carry out its blindness-prevention duties.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Blindness and Other Chronic Disease [104300 - 104305] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104305. The department may enter into agreements with any public or private organization, agency, or individual to carry out its duties and responsibilities with respect to the prevention of blindness. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  69. 104310.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. )

    Verify source ↗

    This chapter is called the Prostate Cancer Act of 1998 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. ) ## 104310. This chapter shall be known and may be cited as the Prostate Cancer Act of 1998. (Added by Stats. 1998, Ch. 939, Sec. 1. Effective January 1, 1999.)
  70. 104312.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. )

    Verify source ↗

    The Legislature states that California should establish prostate cancer education and early detection programs for uninsured men.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. ) ## 104312. The Legislature finds and declares all of the following: (a) California has the highest incidence of and death from prostate cancer, and due to the increased public awareness of the disease, the timing is appropriate to establish programs for prostate cancer education and early detection services for uninsured men. Despite the advances in the treatment and detection of prostate cancer, the death rate of this disease continues to climb at an alarming rate--a rate higher than breast cancer and many other high profile diseases. (b) Approximately 200,000 new cases of prostate cancer will be diagnosed this year. (c) Prostate cancer is the most common cancer in men. (d) Prostate cancer has led to an estimated 38,000 deaths nationally in 1994 and is the second-leading cause of cancer death in men. (e) Nationally, the incidence of prostate cancer increased 50 percent between 1980 and 1990. (f) Prostate cancer diagnosis in California nearly doubled over the five-year period covered by the recently published California Cancer Registry, from 11,900 new cases in 1988 to 22,200 in 1992. The age-adjusted incidence rate increased by 65 percent, from 98.6 new cases per 100,000 males in 1988 to 163 in 1992. (g) African Americans have a 30 percent higher risk of developing prostate cancer than whites, which is the highest risk of any race or ethnic group. (h) About 60 percent of all prostate cancers are discovered before they have spread. (i) The cure rate for prostate cancer, if detected before metastasis, is 84 percent. (j) The majority of commercial managed care plans offer prostate cancer screening for their members. (k) The employment of prostate-specific antigen assays as common medical practice within suspect categories will enhance early detection of prostate cancer. (Added by Stats. 1998, Ch. 939, Sec. 1. Effective January 1, 1999.)
  71. 104314.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. )

    Verify source ↗

    The Prostate Cancer Fund is established in the State Treasury, and its money must be spent by the State Department of Health Care Services for the Prostate Cancer Screening Program when the Legislature has appropriated it.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. ) ## 104314. (a) The Prostate Cancer Fund is hereby established in the State Treasury. It is the intent of the Legislature that the fund be funded by an annual appropriation, when funds are available, in the Budget Act. (b) The moneys in the Prostate Cancer Fund shall be expended by the State Department of Health Care Services, upon appropriation by the Legislature, for the purpose of the Prostate Cancer Screening Program established by Section 104315. (c) For the purposes of this chapter, “department” means the State Department of Health Care Services. (Amended by Stats. 2012, Ch. 23, Sec. 23. (AB 1467) Effective June 27, 2012.)
  72. 104315.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. )

    Verify source ↗

    This section sets up a prostate cancer screening program in the State Department of Health Care Services for uninsured men in specified age groups, requires reporting and recordkeeping, and limits certain costs and disclosures.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. The Prostate Cancer Act of 1998 [104310 - 104315] ( Chapter 6 added by Stats. 1998, Ch. 939, Sec. 1. ) ## 104315. (a) The Prostate Cancer Screening Program shall be established in the State Department of Health Care Services. (b) The program shall apply to both of the following: (1) Uninsured men 50 years of age and older. (2) Uninsured men between 40 and 50 years of age who are at high risk for prostate cancer, upon the advice of a physician or upon the request of the patient. (c) For purposes of this chapter, “uninsured” means not covered by any of the following: (1) Medi-Cal. (2) Medicare. (3) A health care service plan contract or policy of disability insurance that covers screening for prostate cancer for men 50 years of age and older, and for men between 40 and 50 years of age who are at high risk for prostate cancer upon the advice of a physician or upon the request of the patient. (4) Any other form of health care coverage that covers screening for prostate cancer for men 50 years of age and older, and for men between 40 and 50 years of age who are at high risk for prostate cancer upon the advice of a physician or upon the request of the patient. (d) The program shall include all of the following: (1) Screening of men for prostate cancer as an early detection health care measure. (2) After screening, medical referral of screened men and services necessary for definitive diagnosis. (3) If a positive diagnosis is made, then assistance and advocacy shall be provided to help the person obtain necessary treatment. (4) Outreach and health education activities to ensure that uninsured men are aware of and appropriately utilize the services provided by the program. (e) Any entity funded by the program shall coordinate with other local providers of prostate cancer screening, diagnostic, followup, education, and advocacy services to avoid duplication of effort. Any entity funded by the program shall comply with any applicable state and federal standards regarding prostate cancer screening. (f) Administrative costs of the department shall not exceed 10 percent of the funds allocated to the program. Indirect costs of the entities funded by this program shall not exceed 12 percent. The department shall define “indirect costs” in accordance with applicable state and federal law. (g) Any entity funded by the program shall collect data and maintain records that are determined by the department to be necessary to facilitate the state department’s ability to monitor and evaluate the effectiveness of the entities and the program. Commencing with the program’s second year of operation, and notwithstanding Section 10231.5 of the Government Code, the department shall submit an annual report to the Legislature and any other appropriate entity. The report shall describe the activities and effectiveness of the program and shall include, but not be limited to, the following types of information regarding those served by the program: (1) The number. (2) The ethnic, geographic, and age breakdown. (3) The stages of presentation. (4) The diagnostic and treatment status. (h) The department or any entity funded by the program shall collect personal and medical information necessary to administer the program from any individual applying for services under the program. The information shall be confidential and shall not be disclosed other than for purposes directly connected with the administration of the program or except as otherwise provided by law or pursuant to prior written consent of the subject of the information. (i) The department or any entity funded by the program may disclose the confidential information to medical personnel and fiscal intermediaries of the state to the extent necessary to administer the program, and to other state public health agencies or medical researchers if the confidential information is necessary to carry out the duties of those agencies or researchers in the investigation, control, or surveillance of prostate cancer. (j) The department shall adopt regulations to implement the Prostate Cancer Screening Program in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (k) This section shall not be implemented unless and until funds are appropriated for this purpose in the annual Budget Act. (l) To implement the Prostate Cancer Screening Program, the department may contract, to the extent permitted by Section 19130 of the Government Code, with public and private entities, or utilize existing health care service provider enrollment and payment mechanisms, including the Medi-Cal program’s fiscal intermediary. However, the Medi-Cal program’s fiscal intermediary shall only be utilized if services provided under the program are specifically identified and reimbursed in a manner that does not claim federal financial reimbursement. Any contracts with, and the utilization of, the Medi-Cal program’s fiscal intermediary shall not be subject to Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code. Contracts to implement the Prostate Cancer Screening Program entered into by the department with entities other than the Medi-Cal program’s fiscal intermediary shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended by Stats. 2012, Ch. 23, Sec. 24. (AB 1467) Effective June 27, 2012.)
  73. 104316.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. )

    Verify source ↗

    If budget appropriation is provided, the State Department of Health Services must analyze asthma data, survey asthma-related risk factors, assess care and intervention patterns, and use the information to guide public health programs and asthma policy.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. ) ## 104316. (a) Contingent upon appropriation in the annual Budget Act, the State Department of Health Services shall do all of the following: (1) Regularly analyze asthma morbidity and mortality data, and shall periodically assess the burden of asthma on the state’s medical and economic resources, and identify those populations most seriously affected by the disease. (2) Survey factors known to worsen asthma, including allergy induced asthma, such as cockroach allergens and molds, in order to estimate the relative importance of these factors in California. (3) Assess patterns of medical care and population-based health services, and the extent of ongoing local, regional, educational, environmental, and other asthma interventions and related activities. (b) The information gained pursuant to subdivision (a) shall be used to guide the development of public health programs and asthma policy. (Added by Stats. 2000, Ch. 93, Sec. 24. Effective July 7, 2000.)
  74. 104317.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. )

    Verify source ↗

    The department must provide asthma education, help health care organizations develop diagnosis and treatment protocols, fund promising asthma interventions, and promote evidence-based asthma guidelines.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. ) ## 104317. (a) The department shall offer public and professional education to disseminate the most current information on asthma. (b) The department shall assist health care organizations, such as managed care organizations, in identifying or developing effective asthma diagnosis and treatment protocols. The department shall improve clinical practice by working with experts, partnering with health care organizations, and conferring with interested constituencies. (c) (1) Despite the necessity for increased information regarding asthma causation, there is also an urgent need to apply existing knowledge to reduce the burden on state resources due to asthma. Thus, the department shall administer available funds to organizations that propose promising, innovative asthma interventions that benefit persons with asthma and their families by increasing community awareness, improving patient education and asthma self-management skills, improving clinical practice, coordinating services, and developing local policies that support the prevention and control of asthma and environmental factors that can trigger asthma attacks. (2) The department shall ensure that the projects are scientifically based and practical, and that a range of significant asthma prevention and control issues are addressed. The projects shall address both adult and pediatric asthma populations. Projects may include, but need not be limited to, the following: (A) Clinical quality improvement. (B) Disease management. (C) Public and professional education, including information on asthma self-management skills and ways to reduce or eliminate allergens and irritants that exacerbate asthma, such as cockroaches, dust mites, and molds. (D) Mobilization of communities including local health departments, community agencies, and other organizations. (E) Unique exposure interventions for special or at-risk populations. (F) Innovative collaborations between managed care organizations, local organizations, health systems, academic institutions, voluntary health organizations, and local governments. (G) Reducing environmental factors that have been found to trigger asthma attacks. (d) The department shall promote the utilization of evidence-based asthma guidelines, such as the National Institute of Health’s National Asthma Education and Prevention Programs’s asthma guidelines, to carry out the purposes of this chapter. (Added by Stats. 2000, Ch. 93, Sec. 24. Effective July 7, 2000.)
  75. 104318.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. )

    Verify source ↗

    The department must carry out several tasks when administering funds for this asthma-prevention chapter.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. ) ## 104318. The department shall do all of the following in connection with the administration of funds provided to implement this chapter: (a) Draft and circulate requests for applications. (b) Determine selection criteria, consult with applicants, and monitor the progress of projects. (c) Require specific evaluations of projects, require plans for implementation of effective programs, and prepare a summary of findings from all projects conducted. (d) Consult with community stakeholders for the development, implementation, and evaluation of asthma prevention and control programs. (Added by Stats. 2000, Ch. 93, Sec. 24. Effective July 7, 2000.)
  76. 104319.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. )

    Verify source ↗

    The department must monitor the interventions required by this chapter and report both successful and unsuccessful interventions in clinical and public health practice.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. ) ## 104319. The department shall monitor the clinical and public interventions required by this chapter, and shall report successful and unsuccessful interventions in clinical and public health practice. (Added by Stats. 2000, Ch. 93, Sec. 24. Effective July 7, 2000.)
  77. 104320.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. )

    Verify source ↗

    The department must establish and maintain a surveillance and intervention program to prevent asthma.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. ) ## 104320. The department shall establish and maintain a surveillance and intervention program for the prevention of asthma. (Added by Stats. 2000, Ch. 93, Sec. 24. Effective July 7, 2000.)
  78. 104321.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. )

    Verify source ↗

    The department must implement this chapter if funds are appropriated in the annual Budget Act.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation [104316 - 104321] ( Chapter 6.5 added by Stats. 2000, Ch. 93, Sec. 24. ) ## 104321. The department shall implement this chapter contingent on the appropriation of funds in the annual Budget Act. (Added by Stats. 2000, Ch. 93, Sec. 24. Effective July 7, 2000.)
  79. 104322.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Prostate Cancer Treatment Program [104322- 104322.] ( Chapter 7 added by Stats. 2000, Ch. 93, Sec. 25. )

    Verify source ↗

    The department must run a prostate cancer treatment program for low-income and uninsured men and use contract funds and eligibility rules as stated here.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Prostate Cancer Treatment Program [104322- 104322.] ( Chapter 7 added by Stats. 2000, Ch. 93, Sec. 25. ) ## 104322. (a) (1) The State Department of Health Care Services shall develop and implement a program to provide quality prostate cancer treatment for low-income and uninsured men. (2) The State Department of Health Care Services shall award one or more contracts to provide prostate cancer treatment through private or public nonprofit organizations, including, but not limited to, community-based organizations, local health care providers, the University of California medical centers, and the Charles R. Drew University of Medicine and Science, an affiliate of the David Geffen School of Medicine at the University of California at Los Angeles. Contracts awarded, subsequent to the effective date of the amendments to this section made during the 2005 portion of the 2005–06 Regular Session, pursuant to this paragraph shall be consistent with both of the following: (A) Eighty-seven percent of the total contract funding shall be used for direct patient care. (B) No less than 70 percent of the total contract funding shall be expended on direct patient care treatment costs, which shall be defined as funding to fee-for-service providers for Medi-Cal eligible services. (3) The contracts described in paragraph (2) shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. Commencing July 1, 2006, those contracts shall be entered into on a competitive bid basis. (4) It is the intent of the Legislature to support the prostate cancer treatment program provided for pursuant to this section, and that the program be cost-effective and maximize the number of men served for the amount of funds appropriated. It is further the intent of the Legislature to ensure that the program has an adequate health care provider network to facilitate reasonable access to treatment. (b) (1) Treatment provided under this chapter shall be provided to uninsured and underinsured men with incomes at or below 200 percent of the federal poverty level. (2) The enrolling entity shall make available to all applicants and beneficiaries, prior to or concurrent with enrollment, information on the manner in which to apply for insurance affordability programs, in a manner determined by the State Department of Health Care Services. The information provided shall include the manner in which applications can be submitted for insurance affordability programs, information about the open enrollment periods for the California Health Benefit Exchange, and the continuous enrollment aspect of the Medi-Cal program. (3) Covered services shall be limited to prostate cancer treatment and prostate cancer-related services. Eligible men shall be enrolled in a 12-month treatment regimen. (c) The State Department of Health Care Services shall contract for prostate cancer treatment services only at the level of funding budgeted from state and other sources during a fiscal year in which the Legislature has appropriated funds to the department for this purpose. (d) Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2003 and any other law, commencing with the 2003–04 fiscal year and for each fiscal year thereafter, any amount appropriated to the State Department of Health Care Services for the prostate cancer treatment program implemented pursuant to this chapter shall be made available, for purposes of that program, for encumbrance for one fiscal year beyond the year of appropriation and for expenditure for two fiscal years beyond the year of encumbrance. (Amended by Stats. 2015, Ch. 18, Sec. 12. (SB 75) Effective June 24, 2015.)
  80. 104323.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7.5. Amyotrophic Lateral Sclerosis (ALS) [104323- 104323.] ( Chapter 7.5 added by Stats. 2008, Ch. 409, Sec. 1. )

    Verify source ↗

    This section states legislative findings about ALS and recognizes the need for a California System of Care for ALS patients.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7.5. Amyotrophic Lateral Sclerosis (ALS) [104323- 104323.] ( Chapter 7.5 added by Stats. 2008, Ch. 409, Sec. 1. ) ## 104323. The Legislature finds and declares all of the following: (a) Amyotrophic Lateral Sclerosis (ALS), more commonly known as Lou Gehrig’s disease, is a degenerative disease of the motor nerves that causes progressive weakness of all voluntary muscles. People with ALS become unable to move, swallow, speak, and breathe without assistance, usually remaining fully aware of what is happening to them and to their families. (b) ALS is a fatal disease. Most ALS patients die within two to five years of symptom onset. Every 90 minutes someone is diagnosed with ALS and every 90 minutes someone dies of the disease. ALS knows no racial, ethnic, or socioeconomic boundaries, often striking people at midlife and at the height of family and financial responsibilities. (c) The devastating physical, emotional, and financial effects caused by the progression of ALS and the 24 hour a day, seven day a week caregiving required impacts not only the patient, but the entire family. ALS is a family disease. (d) For many patients, the one drug approved by the federal Food and Drug Administration for the treatment of ALS shows little, if any, efficacy in slowing the progression of the disease. As a result, the focus of intervention for ALS patients is managing the effects of the disease progression. Research has shown that aggressive multidisciplinary care, provided within a collaborative environment, can extend a patient’s life, reduce hospital admissions, and improve the quality of life for the patient and family. Ultimately, though, more research is needed to find an effective treatment and cure for ALS. (e) To significantly extend and improve the quality of life of people living with ALS, the state recognizes the need for the California System of Care for ALS Patients model based upon the principles described in subdivision (f). (f) According to the American Academy of Neurology (AAN), the mainstay of treatment for ALS patients is symptom management. As a result, the AAN has established a practice parameter for the care of ALS patients. These guidelines establish a foundation on which to develop a system of care that enables the delivery of a comprehensive array of services critical to the care of ALS patients and their families. The AAN sets this foundation in their four principles of ALS management summarized as follows: (1) High priority should be placed on patient self-determination and the delivery of both information and care must take into consideration the cultural and psychosocial context of the patient and family. (2) Patients and families need information that is timed appropriately for decisionmaking. (3) The physician, in conjunction with other health care professionals, should address the full continuum of care for the patient with ALS. (4) Discussions regarding advance directives should be introduced and periodically reevaluated to ensure that ALS patients and their families understand the issues to be faced in the terminal phase of the disease. (g) The services described in subdivision (f), when delivered through a highly coordinated effort, form a model program designed to provide the highest level of care available for the successful management of the needs of ALS patients and their families. (h) ALS Association Certified Centers (centers) are a vehicle for state-of-the-art multidisciplinary and interdisciplinary care and management of ALS. The centers reflect four main objectives: (1) The involvement of all necessary health care disciplines in the care of the ALS patient and his or her family. (2) The offering of multidisciplinary and interdisciplinary care, regardless of the ability to pay. (3) Collaborative work among centers to enhance ALS patient care techniques. (i) Centers provide a one-stop shop at which the patient and family have access to a team of health care professionals from every specialty area that they may need during the progression of ALS. Each professional is an expert in ALS as well as his or her own field. The team that assesses and treats patients during their visits to a center includes individuals in all of the following specialty areas: (1) Physical therapy. (2) Occupational therapy. (3) Respiratory therapy. (4) Nursing. (5) Registered dietician services. (6) Psychology or psychiatry. (7) Speech and language pathology. (8) Medical social work service. (j) An ALS Association Certified Center is a “specialty care center” for the purposes of Section 1374.16. (Added by Stats. 2008, Ch. 409, Sec. 1. Effective January 1, 2009.)
  81. 104324.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. )

    Verify source ↗

    This section states the Legislature’s intent to create an Environmental Health Surveillance System and asks the University of California Regents to cooperate in setting it up.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. ) ## 104324. (a) It is the intent of the Legislature to establish an Environmental Health Surveillance System (EHSS) in accordance with this chapter. The purpose of the EHSS shall be to establish ongoing surveillance of the environmental exposures and diseases affecting Californians, with a focus on prevalence and determinants of chronic diseases. The Regents of the University of California are requested to cooperate with the division and the office in establishing the EHSS. (b) The objectives of the EHSS are as follows: (1) To track and evaluate a variety of chronic diseases in relation to environmental exposures. (2) To allow both government and university investigators and public health officials to assess the impact of environmental contaminants on the human body. (3) To provide information to the relevant board, department, or office within the California Environmental Protection Agency and to the relevant branch or division within the State Department of Health Services for the development of appropriate preventive strategies. (Added by Stats. 2001, Ch. 538, Sec. 2. Effective January 1, 2002.)
  82. 104324.2.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. )

    Verify source ↗

    This section requires the health department division to create a technical expert working group, then develop and submit an EHSS report and related health/environment measurements.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. ) ## 104324.2. (a) On or before July 1, 2002, the Division of Environmental and Occupational Disease Control in the State Department of Health Services, in consultation with the Office of Environmental Health Hazard Assessment, shall create a working group of technical experts, including experts who have knowledge of the sensitivity and exposure of children, women of childbearing age, seniors, and disparately affected populations to environmental hazards, to do all of the following: (1) Develop possible approaches to establishing the EHSS, including an estimated cost for each approach. (2) Prepare and submit a report to the State Department of Health Services, the Office of Environmental Health Hazard Assessment, and appropriate legislative committees, by July 1, 2003, on the possible approaches to establishing the EHSS, including an estimated cost of each approach, and the recommended approach to establishing an EHSS for California. (3) Develop the health and environmental measurements needed to do both of the following: (A) Obtain an ongoing picture of the health of Californians. (B) Establish a database that may facilitate the examination of the relationship between chronic diseases, including birth defects, and the environment. (b) The Regents of the University of California are requested to cooperate with the division and the office in creating the work group described in this section. (Amended by Stats. 2002, Ch. 664, Sec. 150. Effective January 1, 2003.)
  83. 104324.25.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. )

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    This section requires several agencies to jointly sign a memorandum of understanding by July 1, 2004, directs the California Environmental Health Tracking Program to gather specified information, allows it to collect relevant information from state entities, and limits implementation of some activities to available federal funding.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. ) ## 104324.25. (a) On or before July 1, 2004, the State Department of Health Services, the California Environmental Protection Agency, and the University of California shall jointly develop and sign a memorandum of understanding to assess the feasibility of both of the following: (1) Integrating existing environmental hazard, exposure, and health outcome data. (2) Describing how these data correspond to recommendations in the final report of the expert working group established under this chapter regarding the establishment of an environmental health tracking system. (b) The California Environmental Health Tracking Program in the Division of Environmental and Occupational Disease Control of the department shall obtain all the following information: (1) A description of the relevant laws, regulations, and policies that authorize or mandate environmental hazard and disease surveillance. (2) A comprehensive description of California’s public health surveillance and environmental hazard, exposure, and health outcome monitoring information systems, including, but not limited to, the purpose, scope, contents, and capabilities of each system. (3) A description of the current sources of financial support for public health surveillance, environmental hazard, exposure, and health outcome monitoring information systems, and related funds. (c) The California Environmental Health Tracking Program may collect any relevant information, including information related to other priority data systems identified by the working group established under this chapter, from any state agency, board, department, or office. (d) (1) The Legislature finds and declares that the activities requested under subdivisions (a) and (b) are within the scope of existing contracts and funding from the federal Centers for Disease Control and Prevention to the State Department of Health Services and the University of California, and are provided to support the planning and development of an environmental health tracking system in California. (2) Subdivisions (a) and (b) shall be implemented only to the extent that federal funds remain available for the activities specified in those subdivisions. No General Fund moneys shall be used to implement subdivisions (a) and (b). (Added by Stats. 2003, Ch. 407, Sec. 3. Effective January 1, 2004.)
  84. 104324.3.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. )

    Verify source ↗

    The Legislature states its intent to enact legislation requiring adoption and implementation of one of the approaches recommended by the working group, by specified dates.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. ) ## 104324.3. It is the intent of the Legislature to enact legislation that would require the adoption and implementation, by specified dates, of one of the approaches recommended by the working group pursuant to Section 104324.2. (Added by Stats. 2001, Ch. 538, Sec. 2. Effective January 1, 2002.)
  85. 104324.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. )

    Verify source ↗

    This chapter applies to the University of California only if the Regents make it applicable by resolution.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 1. CHRONIC DISEASE [104100 - 104324.5] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. Environmental Health Surveillance System [104324 - 104324.5] ( Chapter 8 added by Stats. 2001, Ch. 538, Sec. 2. ) ## 104324.5. This chapter shall only apply to the University of California to the extent that the Regents of the University of California make it applicable by appropriate resolution. (Added by Stats. 2001, Ch. 538, Sec. 2. Effective January 1, 2002.)
  86. 104325.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Unintentional Injury Study and Control [104325 - 104330] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The department may maintain a program to study and control accidental injuries.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Unintentional Injury Study and Control [104325 - 104330] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104325. The department may maintain a program of accidental injury study and control, including but not limited to, all of the following: (a) The conduct of studies to determine the health and human components of accidental injury. (b) The study of factors associated with prompt and efficient emergency treatment of accidental injuries. (c) The study of human and environmental factors in the occurrence of accidental injury. (d) The development of control programs to reduce the frequency and severity of accidental injuries resulting from health and other human factors, either alone or in combination with environmental factors. (e) Consultation with and assistance to local health departments and other agencies in the development and maintenance of programs for the prevention and control of accidental injuries. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  87. 104330.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Unintentional Injury Study and Control [104325 - 104330] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The department may make agreements to help carry out its accidental injury study and control duties, and it must confer with another state department or agency when activities might duplicate or overlap.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Unintentional Injury Study and Control [104325 - 104330] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104330. The department may enter into agreements with any public or private organization, agency, or individual to carry out its duties and responsibilities with respect to accidental injury study and control. In any situation where these activities may duplicate or overlap the activities of another state department or agency, the department shall confer with that department or agency in order to avoid duplication. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  88. 104335.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. )

    Verify source ↗

    This chapter is named the Roman Reed Spinal Cord Injury Research Act of 1999 and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. ) ## 104335. This chapter shall be known and may be cited as the Roman Reed Spinal Cord Injury Research Act of 1999. (Added by Stats. 2000, Ch. 777, Sec. 2. Effective September 27, 2000.)
  89. 104336.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. )

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    The University of California may establish a spinal cord injury research fund outside the State Treasury to receive public and private money for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. ) ## 104336. The University of California may establish a spinal cord injury research fund, independent of the State Treasury, to accept public and private funds for the purpose of implementing this chapter. (Amended by Stats. 2010, Ch. 457, Sec. 1. (AB 1931) Effective January 1, 2011.)
  90. 104337.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. )

    Verify source ↗

    The University of California may spend the fund money only for spinal cord injury research programs and grants.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. ) ## 104337. Moneys in the fund established pursuant to Section 104336 may be expended by the University of California solely for spinal cord injury research programs and grants, and may be expended for, but not limited to, costs for peer review and grant administration. (Amended by Stats. 2010, Ch. 457, Sec. 2. (AB 1931) Effective January 1, 2011.)
  91. 104338.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. )

    Verify source ↗

    This section creates the Spinal Cord Injury Research Program within the University of California.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. ) ## 104338. (a) There is hereby created within the University of California the Spinal Cord Injury Research Program. (b) The program shall promote spinal cord injury research in California as described in Section 104337. (c) The University of California may establish scientific guidelines and rules and regulations as necessary for implementation of this chapter. (Added by Stats. 2000, Ch. 777, Sec. 2. Effective September 27, 2000.)
  92. 104339.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. )

    Verify source ↗

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

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 [104335 - 104339] ( Chapter 2 added by Stats. 2000, Ch. 777, Sec. 2. ) ## 104339. This chapter shall not apply to the University of California unless the Regents of the University of California, by appropriate resolution, make these provisions applicable. (Added by Stats. 2000, Ch. 777, Sec. 2. Effective September 27, 2000.)
  93. 104340.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Expressions of Sympathy, Benevolence, or Fault in Health Care [104340- 104340.] ( Chapter 3 added by Stats. 2022, Ch. 17, Sec. 5. )

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    Certain sympathy, regret, benevolence, or fault-related communications about health care outcomes are confidential and protected, and related communications get Evidence Code privilege protections.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 2. INJURY PREVENTION AND CONTROL [104325 - 104340] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Expressions of Sympathy, Benevolence, or Fault in Health Care [104340- 104340.] ( Chapter 3 added by Stats. 2022, Ch. 17, Sec. 5. ) ## 104340. (a) Statements, writings, or benevolent gestures expressing sympathy, regret, a general sense of benevolence, or suggesting, reflecting, or accepting fault relating to the pain, suffering, or death of a person, or to an adverse patient safety event or unexpected health care outcome, in relation to an act or omission to act in the provision of or failure to provide health care, and made to that person or the family or representative of that person prior to the filing of a lawsuit or demand for arbitration, shall be confidential, privileged, protected, not subject to subpoena, discovery, or disclosure, and shall not be used or admitted into evidence in any civil, administrative, regulatory, licensing, or disciplinary board, agency, or body action or proceeding, and shall not be used or admitted in relation to any sanction, penalty, or other liability, as evidence of an admission of liability or for any other purpose, and all such communications, whether verbal, electronic, in writing, or in any other form, shall also be entitled to the privileges and protections set forth in Sections 1119, 1152, 1157, and 1160 of the Evidence Code. (b) For purposes of this section: (1) “Adverse patient safety event or unexpected health care outcome” means any event or condition identified in Section 2216.3 of the Business and Professions Code, Section 1279.1, and any act or omission to act by a health care provider in the rendering of professional services resulting in, alleged to have resulted in, or with the potential to result in injury or death to one or more persons and that is not the result of knowingly or purposefully harmful action. (2) “Benevolent gestures” means any action that conveys a sense of compassion or commiseration emanating from humane impulses. (3) “Family” means the spouse, domestic partner, parent, grandparent, stepparent, child, guardian, stepchild, grandchild, sibling, half-sibling, adopted children of a parent, a spouse’s parent, and in-laws of an injured party. (Added by Stats. 2022, Ch. 17, Sec. 5. (AB 35) Effective January 1, 2023.)
  94. 104350.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    This section says California’s tobacco-control program should focus on preventing tobacco use and tobacco-related disease, with the department, local lead agencies, and the State Department of Education working on prevention activities.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104350. (a) The Legislature finds and declares as follows: (1) Smoking is the single most important source of preventable disease and premature death in California. (2) More than 30 percent of coronary heart disease cases are attributable to cigarette smoking. (3) More than 30 percent of all annual cancer deaths are attributable to smoking, with lung cancer now the leading cancer killer in women as well as men. (4) Smoking is responsible for one-quarter of all deaths caused by fire. (5) Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers. (6) More than 80 percent of chronic obstructive lung diseases including emphysema and chronic bronchitis are attributable to smoking. (7) Tobacco-related disease places a tremendous financial burden upon the persons with the disease, their families, the health care delivery system, and society as a whole. California spends five billion six hundred million dollars ($5,600,000,000) a year in direct and indirect costs on smoking-related illnesses. (8) The elimination of smoking is the number one weapon against four of the five leading causes of death in California. (9) Keeping children and young adults from beginning to use tobacco and encouraging all persons to quit tobacco use shall be the highest priority in disease prevention for the State of California. More than 60 percent of all smokers begin smoking by the age of 14, and 90 percent begin by the age of 19. (10) The State of California shall play a leading role in promoting a smoke-free society by the year 2000 and thereby supporting the National Health Status Objectives for the year 2000 relating to smoking and tobacco use. (b) It is the intent of the Legislature, therefore, to require the department, local lead agencies, and the State Department of Education to cooperatively and individually conduct activities directed at the prevention of tobacco use and tobacco-related diseases. The campaign shall focus on health promotion, disease prevention, and risk reduction, utilizing a “wellness” perspective that encourages self-esteem and positive decisionmaking techniques. It is also the intent of the Legislature that, for the purpose of program planning and program evaluation, the department provide data and technical information on tobacco-related diseases, tobacco use and its consequences, and effective personal and community interventions to prevent tobacco use. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  95. 104355.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    This section defines key terms used in the tobacco use prevention article.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104355. The following definitions shall apply to this article: (a) “Grantee” means any public or private nonprofit entity approved by the department or the State Department of Education to receive funds pursuant to this article. Grantees may include, but are not limited to, hospitals, community clinics, local health departments, voluntary health organizations, Indian tribes, colleges and universities, county offices of education, school districts, health maintenance organizations, professional health associations, and professional health education associations. (b) “Tobacco-related disease” means any of the following: (1) Coronary heart disease. (2) Cerebrovascular disease. (3) Cancer, including cancers of the lung, larynx, esophagus, bladder, pancreas, and mouth. (4) Chronic obstructive lung diseases, including emphysema, chronic bronchitis, asthma, and related lung disorders. (5) Conditions where smoking or tobacco use has been determined to be a risk factor for excess disability and illness, including burns due to smoking-related fires. (c) “Tobacco use” means the consumption of tobacco products by burning, chewing, inhalation, or other forms of ingestion. (d) “Voluntary health organization” means a nonprofit organization organized for purposes related to health, including, but not limited to, an organization devoted to the research of cancer, heart disease, or diseases of the lung. (e) “Committee” means the Tobacco Education Oversight Committee. (f) “The department” means the State Department of Health Services. (g) “Service provider” means an agency or organization that enters into an agreement with the local lead agency or state department to provide services under this article. (h) “Direct services” means the provision of preventive health education services to targeted populations. (i) “Local plan” means a plan submitted pursuant to Section 104400. (j) “Preventive health education against tobacco use” means programs of instruction intended to dissuade individuals from beginning to smoke, to encourage smoking cessation, or to provide information on the health effects of tobacco on the user, children, and nonsmokers. These programs may include a focus on health promotion, disease prevention, and risk reduction, utilizing a “wellness perspective” that encourages self-esteem and positive decisionmaking techniques. (k) “Targeted populations” means those population groups specified in Sections 104360 and 104385. ( l) “Local lead agencies” means those agencies designated as local lead agencies pursuant to Section 104400. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  96. 104360.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The campaign under this article must focus at a minimum on specified target populations.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104360. The following target populations, at a minimum, shall be the focus of the campaign implemented pursuant to this article: (a) School-age youth and their families in the schools and in the community. (b) Black, Hispanic, Native American, and Asian-Pacific American populations, pregnant women, and current smokers. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  97. 104365.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    This section creates the Tobacco Education and Research Oversight Committee, sets who appoints its members, and requires the committee to advise state education and health agencies on tobacco education programs.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104365. (a) There is hereby created the Tobacco Education and Research Oversight Committee in state government that shall advise the department and the State Department of Education with respect to policy development, integration, and evaluation of tobacco education programs funded under this article, and for development of a master plan for the future implementation of tobacco education programs. (b) The Tobacco Education Oversight Committee shall be composed of 13 members to be appointed as follows: (1) Two members representing volunteer health organizations dedicated to the reduction of tobacco use appointed by the Speaker of the Assembly. (2) One member representing an organization that represents health care employees appointed by the Senate Rules Committee. (3) One member of a professional education association, such as an association of teachers, appointed by the Senate Rules Committee. (4) One member of a university facility with expertise in programs intended to reduce tobacco use appointed by the Governor. (5) Two representatives of a target population group appointed by the Governor. (6) One representative of the department appointed by the Governor. (7) One representative of the State Department of Education appointed by the Superintendent of Public Instruction. (8) One member representing the interests of the general public appointed by the Governor. (9) One representative of local health departments appointed by the Governor. (10) One member representing a volunteer health organization dedicated to the reduction of tobacco associated injury appointed by the Governor. (11) One member from the Tobacco Related Disease Research Program appointed by the Governor. (c) Members shall serve for a term of two years, renewable at the option of the appointing authority. The initial appointments of members shall be for two or three years, to be drawn by random lot at the first meeting. The committee shall be staffed by the department’s coordinator of the program created pursuant to Section 104375. (d) The committee shall meet as often as it deems necessary, but shall meet not less than four times per year. (e) The members of the committee shall serve without compensation, but shall be reimbursed for necessary travel expenses incurred in the performance of the duties of the committee. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  98. 104370.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The committee must advise several agencies, evaluate and coordinate tobacco education programs, report annually, and prepare and submit a biennial master plan.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104370. The committee shall be advisory to the department, the University of California, and State Department of Education for the following purposes: (a) Evaluation of research, school- and community-based programs funded under this article as necessary in order to assess the overall effectiveness of efforts made by the programs to reduce the use of tobacco products. In order to evaluate tobacco education, research, and cessation programs, the committee shall seek the cooperation and assistance of the department, the State Department of Education, county offices of education, local lead agencies, administrative representatives, target populations, school officials, and researchers. A principal measurement of effectiveness shall be reduction of smoking rates among a given target population. (b) Facilitation of programs directed at reducing and eliminating tobacco use that are operated jointly by more than one agency or entity. The committee shall propose strategies for the coordination of proposed programs administered by the department, the University of California, and the State Department of Education in order to avoid the duplication of services and to maximize the public benefit of the programs. (c) Make recommendations to the department, the University of California, and the State Department of Education regarding the most appropriate criteria for the selection of, standards of the operation of, and the types of programs to be funded under this article. (d) Reporting to the Legislature on or before January 1 of each year on the number and amount of tobacco education programs funded by the Health Education Account, created by Section 30122 of the Revenue and Taxation Code, the amount of money in the account, any moneys previously appropriated to the department, the University of California, and the State Department of Education but unspent by the departments, a description and assessment of all programs funded under this article, and recommendations for any necessary policy changes or improvements for tobacco education programs. (e) Ensuring that the most current research findings regarding tobacco use prevention are applied in designing the tobacco education programs administered by the department and the State Department of Education. The department and the State Department of Education shall apply the most current findings and recommendations of research including research funded by the Research Account of the Cigarette and Tobacco Products Surtax Fund created by Section 30122 of the Revenue and Taxation Code. (f) Based on the results of programs supported by this article and any other proven methodologies available to the committee, produce a comprehensive master plan for implementing tobacco education programs throughout this state for the prevention and cessation of tobacco use. The master plan shall include implementation strategies for each target population specified in Section 104360 for programs throughout this state. The Tobacco Education and Research Oversight Committee shall submit the master plan to the Legislature biennially. The master plan and its revisions shall include recommendations on administrative arrangements, funding priorities, integration and coordination of approaches by the department, the University of California, and the State Department of Education and their support systems, as well as progress reports relating to each target population. The master plan shall establish a goal of achieving a 75-percent reduction in tobacco consumption in California by the year 1999. (Amended by Stats. 2001, Ch. 745, Sec. 147. Effective October 12, 2001.)
  99. 104375.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must run a tobacco use and health program, do statewide surveillance and evaluation, issue guidance, support local plans, and manage related data and outreach; school districts must participate in evaluation if selected.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104375. (a) To prevent tobacco-related diseases and diminish tobacco use, the department shall establish within the department a program on tobacco use and health to reduce tobacco use in California by conducting health education interventions and behavior change programs at the state level, in the community, and other nonschool settings. (b) The department shall conduct statewide surveillance of tobacco-related behaviors, knowledge, and attitudes and evaluate the department’s local and state tobacco control programs under this article. At a minimum, these evaluation activities shall utilize scientifically appropriate methods for monitoring the annual progress of the program in reducing the adult smoking prevalence from the 1993 benchmark rate of 20 percent and reducing cigarette consumption from the 1993 per capita benchmark rate of 4.84 packs per quarter. These surveillance and evaluation activities may include, but need not be limited to, the following: (1) Be based on sound evaluation principles and include, to the extent feasible, elements of controlled experimental methods. (2) Monitor the overall statewide effect of health education efforts on smoking and tobacco use, and, to the extent feasible, the resulting effects on health. (3) Monitor the effect of the programs on individual target populations identified by this article or designated by the department as meriting special attention. (4) Provide an evaluation of the comparative effectiveness of individual program designs that shall be used in funding decisions and program modifications. (5) Incorporate other aspects into the evaluation that have been identified by the department in consultation with state and local advisory groups, local lead agencies, and other interested parties. (6) Funds permitting, utilize a sample size that is adequate to produce county, regional, and ethnic specific estimates. (c) The department shall produce or contract for, and update biennially, a description of programs determined to be effective in reducing smoking and tobacco use, and the identification of portions of target populations that need information regarding the hazards of tobacco use. The department, in consultation with the State Department of Education, shall conduct, or contract for an evaluation of the effectiveness of the tobacco use prevention and education program as implemented in the public schools that receive funding for tobacco use prevention education pursuant to Sections 104420, 104425, 104435, and 104445. The purpose of the evaluation shall be to direct the most efficient allocation of resources appropriated under this article to accomplish the maximum prevention and reduction of tobacco use. The comprehensive evaluation shall be designed to measure the extent to which programs funded pursuant to this article promote the goals identified in this article and in Proposition 99 of the November 1988 general election. All information resulting from the evaluation shall be made available to the State Department of Education for purposes of improving its ability to implement and oversee the provision of effective tobacco use prevention education programs. The evaluator shall: (1) Assess the effectiveness of tobacco use prevention education programs designed to prevent and reduce tobacco use among students. In support of this primary goal, the evaluation shall: (A) Report findings on the effectiveness of programs and strategies currently in use in California schools that prevent and reduce tobacco use. (B) Select a research strategy that will identify formal and informal factors that might account for differences in tobacco use by students, including, but not limited to, formal education prevention strategies. (C) Incorporate in the evaluation quantitative as well as qualitative data. The data shall include, but are not limited to: (i) Student data, including attitudes, knowledge, and behavior based upon a statistically valid random sample of school districts and students. (ii) Curriculum data, including diversity of curricula, evidence of appropriateness to grade level, gender, and ethnicity, and the extent of the inclusion of prevention approaches identified in research literature. (iii) School data, including intensity of emphasis on tobacco use prevention and evidence of counseling or treatment referral systems. (iv) Community data, including the existence of parent networks and the participation of community service organizations including local lead agencies, in prevention. (2) Develop and test a regular tobacco use prevention and education information system for use by the State Department of Education, using the resulting information to establish the extent of implementation of tobacco use prevention education programs statewide and the degree of student exposure to these programs at selected grade levels. (3) Ensure provision of a fourth administration of a statewide, biennial survey of attitudes toward tobacco and prevalence of tobacco use among public school students. To the extent possible, existing survey data shall be utilized. (4) Provide recommendations to the Legislature and the State Department of Education on tobacco use prevention education program changes. (5) Assist the State Department of Education in identifying and developing instructional materials and curricula in school-based programs, designed to enhance the prevention of and encouraging the cessation of the continuing use of, tobacco products. The materials and curricula shall address the specific needs of persons in grades 4 to 12, inclusive, and in adult education programs. (d) School districts shall agree, as a condition of receiving money pursuant to this article, to participate in the evaluation if chosen by the evaluator. (e) (1) The department shall contract with one or more qualified agencies for production and implementation of an ongoing public awareness of tobacco-related diseases by developing an information campaign using a variety of media approaches. The department shall issue a request for proposals biennially. Any media campaign funded with this part shall stress the importance of both preventing the initiation of tobacco use and quitting smoking and shall be based on professional market research and surveys necessary to determine the most effective method of diminishing tobacco use among specified target populations. Initial media efforts shall be directed to specific target populations. The contractors selected shall be provided with all available survey information resulting from ongoing programs funded under this article. Priority shall be given to minor children, ages 6 to 14, inclusive. The medium used shall be determined to be the most effective at reaching this targeted age group. With respect to the broadcast media, the message shall be aired at times expected to reach the priority age group. With respect to the print media, publications to be used shall be those that appeal to the priority age group. (2) No media campaign funded pursuant to this article shall feature in any manner the image or voice of any elected public official or candidate for elected office, or directly represent the views of any elected public official or candidate for elected office. (f) The department shall provide or contract for training, consultation, support, and continuing education to health professionals, and others interested in developing programs and services directed at preventing tobacco use and promoting smoking cessation, utilizing, when available and determined appropriate by the department, the expertise of universities in this state and schools of public health. The training, consultation, support, and continuing education shall include advice and support in creating a smoke-free environment. (g) The department shall conduct an awards program to acknowledge the outstanding achievements of those communities, organizations, and groups that have fostered movement toward a smoke-free society or have reduced the consumption of tobacco. (h) The department shall issue guidelines for local plans for education against tobacco use. The guidelines shall require local public health departments to provide services directed at preventing tobacco use and promoting smoking cessation to the target populations enumerated in Section 104360 and to persons under 19 years of age who no longer attend school and to youth attending school who are not served through State Department of Education funded programs. The guidelines shall require for each target population to be served a description of the services to be provided, an estimate of the number to be served, an estimate of the success rate, and a method to determine to what extent goals have been achieved. Beginning with the 1990–91 fiscal year, and for each fiscal year thereafter, the guidelines shall require local lead agencies to describe how local funding decisions will take into account evaluations of program effectiveness and efficiency. The guidelines shall require the submission of a budget and information on staffing configurations. (i) By December 31, 1989, the department shall issue guidelines for fiscal year 1989–90 and by July 1, 1990, the department shall issue guidelines to local lead agencies on how to prepare a local plan for a comprehensive community intervention program against tobacco use. (j) The department shall provide technical assistance to local lead agencies for the development of plans required by Section 104400 so that the local lead agencies are able to comply with the schedule for the submission of plans specified in Section 104400. The technical assistance shall include, but not be limited to, the following: (1) Developing and disseminating preventive health education program options for local communities. (2) Providing training, consultation, and technical assistance to local health departments, local advisory committees, and service providers. (k) The department shall receive and approve local plans submitted by local lead agencies and provide technical assistance and guidance as necessary to ensure the compliance of the local lead agencies with this article. Every effort shall be made to approve or provide a list of necessary amendments to a local plan within 30 days of receipt of the local plan. The department may authorize a local lead agency to begin implementation of its local plan on a provisional basis, with final approval of the local plan contingent on satisfying conditions specified by the department. ( l) The department shall work in collaboration with the public and private sectors in implementing the activities required of the department and provide access upon request to local plans, program statistics, and other readily available information. (m) The department shall provide staff, assistance, and support needed by the committee. (n) In consultation with the committee, the department shall develop a comprehensive master plan for implementing tobacco education programs throughout the state for the prevention and cessation of tobacco use. (o) The department shall consult regularly with the University of California regarding trends in the frequency and the cost of treating tobacco-related diseases and the success of research efforts to reduce tobacco use and limit its adverse health effects. (p) The department shall establish, in consultation with the State Department of Education and county offices of education, a data collection and data management program to study effective tobacco use interventions. Under this program the department may contract for studies and evaluations in school-based and community-based programs. The department shall consult with the State Department of Education regarding the collection and evaluation of program data. (1) The department shall require, by contract, that local lead agencies use a uniform management data and information system that will permit comparisons of workload, unit costs, and outcome measurements on a statewide basis. The department shall specify data reporting requirements for local lead agencies and their subcontractors. (2) The department shall approve local lead agency and grantee computer software and hardware in order to ensure systemwide compatibility and capacity to expand. Departmental guidelines for local plans shall require local lead agencies to set forth their hardware and software plans and needs. (3) The department may contract for the development or operation of a computerized management information system. (4) The department shall consult the State Department of Education regarding computer software and hardware systems for school-based programs. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  100. 104380.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The department must allocate local lead agency funds quarterly, keep each local lead agency at or above $150,000, and may take corrective funding actions if a county or local lead agency is out of compliance.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104380. (a) Funds appropriated to the department for local lead agencies for purposes of this article shall be allocated prospectively, on a quarterly basis in accordance with this section. (b) No local lead agency shall be allocated less than one hundred fifty thousand dollars ($150,000). (c) (1) Except as provided in subdivision (b), counties not listed in subdivision (d) shall receive an allocation based on each county’s proportion of the statewide population. (2) Counties that receive their allocations pursuant to paragraph (1) shall receive 73 percent of their 1990–91 fiscal year allocation. (d) Except as provided in subdivision (b), the balance of the funds after the allocation contained in subdivision (c) have been made, shall be allocated to the following specified counties in accordance with the following percentages: COUNTY ALLOCATION Alameda 4.7427% Contra Costa 1.8032% Fresno 2.6855% Kern 1.7083% Lake 0.1826% Los Angeles 43.8057% Mendocino 0.2664% Merced 0.7244% Monterey 1.2937% Orange 5.1382% Placer 0.3697% Riverside 3.1828% Sacramento 3.2922% San Bernardino 3.7972% San Diego 5.9971% San Francisco 5.3898% San Joaquin 1.7413% San Luis Obispo 0.8096% San Mateo 1.4582% Santa Barbara 0.7918% Santa Clara 5.2450% Santa Cruz 0.7709% Stanislaus 1.2793% Tulare 1.3768% Ventura 1.5472% Yolo 0.6004% (e) Except as provided in subdivision (b), the allocation for those counties in which a city health department which is a local lead agency as defined by subdivision ( l) of Section 104355 is located shall be apportioned among the local lead agencies in that county based on their jurisdiction’s proportionate share of the countywide population. (f) Reductions in allocations necessary to comply with subdivision (b) shall be distributed among the counties listed in subdivision (d) proportionately based on the table contained in subdivision (d). (g) The department shall use population estimates for 1989 for each county and for each city as specified in the Department of Finance E-1 Report. (h) Payments shall be made prospectively, on a quarterly basis, to local jurisdictions. (i) (1) The department shall conduct a fiscal and program review on a regular basis. (2) If the department determines that any county is not in compliance with any provision of this chapter, the county shall submit to the department, within 60 days, a plan for complying with this article. (3) The department may withhold funds from local lead agencies allocated funds under this section that are not in compliance with this chapter in the same manner as the department is authorized under Chapter 5 (commencing with Section 16940) of Part 4.7 of Division 9 of the Welfare and Institutions Code. The department may terminate the agreement with the noncompliant local lead agency, recoup any unexpended funds from the noncompliant local lead agency, and reallocate both the withheld and recouped funds to provide services available under this section to the jurisdiction of the noncompliant agency through an agreement with a different governmental or private nonprofit agency capable of delivering those services based on the department’s local lead agency guidelines for local plans and a process determined by the department. The department may encumber and reallocate these funds no sooner than three months after the date of the first notification that the department has determined the local lead agency to be out of compliance with statutory requirements. (Amended by Stats. 1997, Ch. 294, Sec. 7. Effective August 18, 1997.)
  101. 104385.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must run a grant program for tobacco-prevention projects and target funding to eligible grantees, with some money reserved for smoking cessation services.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104385. (a) The department shall award and administer grants for projects directed at the prevention of tobacco-related diseases. The purpose of the grant program is to conduct health education and promotion activities targeted to high-risk persons and groups in order to reduce the number of persons beginning to use tobacco, continuing to use tobacco, or developing tobacco-related diseases. The grants shall provide funds to eligible grantees, as determined by the department. In awarding grants, the department shall select a variety of projects and grantees. (b) The department shall develop criteria and standards for the allocation of grant awards which consider the need to balance target populations to be served, project types of rural suburban and urban projects, and consider the current regional availability of similar services. Target populations may include, but not be limited to, children, young adults, pregnant women, low-income individuals, Black, Hispanic, Native American, and Asian-Pacific Islander populations, current smokers, and schoolaged youth no longer attending school classes. The grant awards may also be made to school districts for nonclassroom, districtwide efforts to reduce tobacco use. The department shall develop mechanisms to evaluate all programs and shall require any program funded under this article to provide statistics on the impact of the program. (c) The department shall give priority to grantees who do the following: (1) Demonstrate community support for the project. (2) Design the project to coordinate with other community services including local health programs, school-based programs, or voluntary health organizations. (3) Design the project to utilize and enhance existing services and resources. (4) Serve a target population at high risk of starting tobacco use or developing tobacco-related illnesses. (5) Demonstrate an understanding of the role community norms have in influencing behavioral change regarding tobacco use. (6) Indicate promising innovative approaches to diminishing tobacco use among target groups and permit those approaches to be replicated by others. (d) Of the funds appropriated to the department in Item 4260-111-231 of the 1996 Budget Act, five million dollars ($5,000,000) shall be available specifically for grants awarded on a competitive basis to provide smoking cessation classes or services for persons eligible for and enrolled in the state’s Medi-Cal program, or persons who are medically indigent. (Amended by Stats. 1996, Ch. 199, Sec. 3. Effective July 22, 1996.)
  102. 104390.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department may provide program support services to local tobacco use prevention programs, and grantees must be able to improve delivery and design programs that support local, statewide, and regional implementation.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104390. (a) The department may provide program support services to local tobacco use prevention programs, that shall include, but need not be limited to, all of the following: (1) Data collection. (2) Educational materials. (3) Evaluation. (4) Technical assistance. (5) Training. (6) Transfer of information among programs. (b) Services funded under this section may be awarded through a competitive request for proposal process or directly to another state agency, the Regents of the University of California, the federal government, or an auxiliary organization of the California State University. (c) Grantees of services under this section shall demonstrate the ability to do both of the following: (1) Improve the delivery of local tobacco use prevention programs directed at the targeted populations. (2) Design programs to provide statewide and regional services to support local implementation of tobacco use prevention programs. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  103. 104395.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must expand the CHDP Program, issue screening and antitobacco protocols, and oversee county program compliance.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104395. The department shall expand the Child Health and Disability Prevention (CHDP) Program contained in Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 as follows: (a) Any child between birth and 90 days after entrance into first grade, all persons under 21 years of age who are eligible for the California Medical Assistance Program, and any person under 19 years of age whose family income is not more than 200 percent of the federal poverty level shall be eligible for services under the program in the county of which they are a resident. The department shall adopt regulations specifying which age groups shall be given certain types of screening tests and recommendations for referral. (b) The first source of referral under the program shall be the child’s usual source of health care. If referral is required and no regular source of health care can be identified, the facility or provider providing health screening and evaluation services shall provide a list of three qualified sources of care, without prejudice for or against any specific source. (c) The department shall issue protocols for an antitobacco education component of the child health and disability prevention medical examination. The protocols shall include the following: dissuading children from beginning to smoke, encouraging smoking cessation, and providing information on the health effects of tobacco use on the user, children, and nonsmokers. The protocols shall also include a focus on health promotion, disease prevention, and risk reduction, utilizing a “wellness” perspective that encourages self-esteem and positive decisionmaking techniques, and referral to an appropriate community smoking cessation program. (d) Notwithstanding any other provision of law, the department shall ensure that a portion of the funds in the Child Health Disability Prevention Program budget is used to facilitate the integration of the medical and dental components of all aspects of that program. (e) The department shall expand its support and monitoring of county child health and disability prevention program efforts to provide all of the following: (1) Review of a representative, statistically valid, randomly selected sample of child health and disability prevention health assessments, including, but not limited to, dental assessments, which result in the discovery of conditions which require followup diagnosis and treatment, including but not limited to dental treatment, and which qualify for services under this section. The purpose of the survey and followup reviews of local programs is to determine whether necessary diagnosis and treatment services are being provided, and the degree to which those services comply with the intent of the act that added this subdivision. These survey reviews shall include all counties and shall be conducted at least three times a year. (2) At least once a year, as part of regular visits to county child health and disability prevention programs to provide technical assistance, support services and monitoring and evaluation of program performance, department staff shall review the effectiveness of the mandated treatment program. The purpose of this review is to assure that the county is providing appropriate followup services for conditions discovered during child health and disability prevention health assessments. This review shall be done in conjunction with the ongoing survey activity of the Child Health and Disability Prevention Branch of the department and shall utilize data resulting from that activity. (3) If the department establishes that a county has failed to provide treatment services mandated by the act that added this subdivision, the department shall require the county to submit a plan of correction within 90 days. If the department finds that substantial correction has not occurred within 90 days following receipt of the correction plan, it may require the county to enter into a contract pursuant to Section 16934.5 of the Welfare and Institutions Code for the remainder of the fiscal year and the following fiscal year, and for this purpose shall withhold the same percentage of funds as are withheld from other counties participating in the program pursuant to Section 16934.5 of the Welfare and Institutions Code. (f) This section shall become inoperative on July 1, 2024, or on the date certified by the department pursuant to subdivision (d) of Section 124024, whichever date is later, and shall be repealed on January 1 of the year following the inoperative date. (Amended by Stats. 2022, Ch. 47, Sec. 8. (SB 184) Effective June 30, 2022. Conditionally inoperative on or after July 1, 2024, by its own provisions. Repealed January 1 following the inoperative date.)
  104. 104400.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    County and city health departments are generally the local lead agency for tobacco-prevention programs, and the local lead agency must carry out listed program and reporting duties.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104400. (a) (1) Except as provided in paragraph (2), each county health department or city health department as provided in Section 16800 of the Welfare and Institutions Code shall be the lead local agency for its county. The local lead agency shall have the overall responsibility for the success of the programs funded pursuant to this article in its county. (2) Counties contracting with the department for the provision of health care services pursuant to Section 16809 of the Welfare and Institutions Code may elect to enter into an arrangement with the department for the administration and provision of funds and services subject to this article in their counties. In those cases, the department shall act as the local lead agency for that county. (b) The local lead agency shall do all of the following: (1) Provide, or contract for, preventive health education against tobacco services to targeted populations. (2) Establish a coordinated information, referral, outreach, and intake system for preventive health education against tobacco services for targeted populations. (3) Administer funds in accordance with this article, and department guidelines. (4) Establish a uniform data collection system in compliance with standards and guidelines issued by the department, and submit audit and fiscal reports as required by the department. (5) Coordinate services authorized by this article within and between county service providers. (6) Provide technical assistance to service providers. (7) Review, and suggest improvements to proposed county school district antitobacco plans. Prepare a letter for the county officer of education setting forth conclusions of the review. Work closely with the county office of education to ensure effective coordination of local school and nonschool antitobacco efforts. (8) Coordinate activities with other governmental agencies. (c) The local plans described in paragraph (4) of subdivision (b) shall include all of the following: (1) A description of the targeted population, including age, race, ethnicity, language, education, income levels, its status as urban or rural, transportation needs, and any other information which the local lead agency determines is relevant. (2) Local data on smoking and tobacco use among the targeted population. (3) Goals for how many persons of the targeted population will be reached by health education, how many will participate in a smoking prevention or cessation program, and how many will quit or not start smoking as a result. (4) A description of the direct services to be provided under the plan, including the services to be provided to the targeted populations enumerated in Section 104360 and schoolage youth who do not receive services through public school programs. (5) Cost estimates for programs identified in the plan. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  105. 104405.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Local lead agencies must involve qualified community organizations and high-risk population representatives in tobacco education planning, and explain how they will do so in the Section 104400 plan.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104405. Local lead agencies shall obtain the involvement and participation of local community organizations with special experience and expertise in community health education against tobacco usage, including representatives of high-risk populations. Local lead agencies shall include in their plan submitted pursuant to Section 104400 a description of how they shall fulfill this requirement. Representatives of these local groups shall assist and advise the local lead agency in all aspects of the local plan implemented pursuant to this article. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  106. 104410.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Funding services under this article must follow the listed goals and priorities for preventive health education against tobacco use.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104410. The following goals and priorities shall govern funding services provided under this article pursuant to local plans: (a) The provisions of preventive health education against tobacco use aimed at targeted populations, including pregnant women, mothers of young children, and minorities, school dropouts, and other school-aged youth who would otherwise be unserved. (b) The provisions of preventive health education against tobacco use aimed at school-age youth and their families in the community. (c) The provision of preventive health education against tobacco use aimed at the workplace and the community. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  107. 104415.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Local lead agencies must try to make tobacco-prevention education reach all parts of the county and prioritize certain service providers when choosing among eligible providers.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104415. (a) Local lead agencies shall attempt to ensure that preventive education against tobacco use for targeted populations is provided in a way that reaches all geographic areas of the county. (b) In choosing among eligible service providers available to serve the targeted populations described in subdivision (a), the local lead agency shall give priority to programs presently providing preventive health education, case management services to the targeted populations which are compatible with preventive health education against tobacco use, or other services in which preventive health education against tobacco use can be incorporated in a logical and efficient manner. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  108. 104420.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The State Department of Education must lead and support tobacco-use prevention programs for schools, and funded school entities must adopt and enforce a tobacco-free campus policy by July 1 each fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104420. The State Department of Education shall provide the leadership for the successful implementation of this article in programs administered by local public and private schools, school districts, and county offices of education. The State Department of Education shall do all of the following: (a) Provide a planning and technical assistance program to carry out its responsibilities under this article. (b) Provide guidelines for schools, school districts, county offices of education, and school district consortia to follow in the preparation of plans for implementation of antitobacco use programs for schoolage populations. The guidelines shall do all of the following: (1) Require the applicant agency to select one or more model program designs and permit the applicant to modify the model program designs to take special local needs and conditions into account. (2) Require the applicant agency to prepare for each target population to be served a description of the service to be provided, an estimate of the number to be served, an estimate of the success rate, and a method to determine to what extent goals have been achieved. (3) Require plan submissions to include a staffing configuration and a budget setting forth use and distribution of funds in a clear and detailed manner. (c) Prepare model program designs and information for schools, school districts, consortia, and county offices of education to follow in establishing direct service programs to targeted populations. Model program designs shall, to the extent feasible, be based on studies and evaluations that determine which service delivery systems are effective in reducing tobacco use and are cost effective. The State Department of Education shall consult with the department, and school districts with existing antitobacco programs in the preparation of model program designs and information. (d) Provide technical assistance for schools, school districts, and county offices of education regarding the prevention and cessation of tobacco use. In fulfilling its technical assistance responsibilities, the State Department of Education may establish a center for tobacco use prevention that shall identify, maintain, and develop instructional materials and curricula encouraging the prevention or cessation of tobacco use. The State Department of Education shall consult with the department and others with expertise in antitobacco materials or curricula in the preparation of these materials and curricula. (e) Monitor the implementation of programs that it has approved under this article to ensure successful implementation. (f) Prepare guidelines within 180 days of January 1, 1996, for a school-based program of outreach, education, intervention, counseling, peer counseling, and other activities to reduce and prevent smoking among schoolage youth. (g) Assist county offices of education to employ a tobacco use prevention coordinator to assist local schools and local public and community agencies in preventing tobacco use by pupils. (h) Train the tobacco use prevention coordinators of county offices of education so that they are: (1) Familiar with relevant research regarding the effectiveness of various kinds of antitobacco use programs. (2) Familiar with department guidelines and requirements for submission, review, and approval of school-based plans. (3) Able to provide effective technical assistance to schools and school districts. (i) Establish a tobacco-free school recognition awards program. (j) As a condition of receiving funds pursuant to this article, the State Department of Education, county offices of education, charter schools, and school districts shall ensure that they coordinate their efforts toward smoking prevention and cessation with the lead local agency in the community where the local school district is located. (k) (1) Develop, in coordination with the county offices of education, and administer a competitive grant program for school-based, antitobacco education programs and tobacco use intervention and cessation activities in order to reduce the number of pupils who begin to use tobacco, continue to use tobacco, or both. Grants shall be awarded, after consultation with local lead agencies, the committee, and representatives of nonprofit organizations dedicated to the reduction of tobacco-associated disease, to school districts, charter schools, and county offices of education for all pupils in grades 6 to 12, inclusive, that comply with the requirements of paragraphs (2) and, if applicable, (3). (2) Every school district, charter school, and county office of education that receives a grant pursuant to this section shall provide tobacco use prevention instruction that addresses all of the following essential topics: (A) Immediate and long-term undesirable physiologic, cosmetic, and social consequences of tobacco use. (B) Reasons that adolescents say they smoke or use tobacco. (C) Peer norms and social influences that promote tobacco use. (D) Refusal skills for resisting social influences that promote tobacco use. (3) Every school district, charter school, and county office of education that receives a grant pursuant to this section for pupils in grades 7 to 12, inclusive, shall provide tobacco use intervention and cessation activities targeted for pupils in high-risk groups. (4) The State Department of Education shall develop criteria and standards for the allocation of grant awards that consider the need to balance rural, suburban, and urban projects. In addition, the State Department of Education shall give priority to applicants and programs that do all of the following: (A) Target current smokers and pupils most at risk for beginning to use tobacco. (B) Offer or refer pupils to cessation classes for current smokers. (C) Utilize existing antismoking resources, including local antismoking efforts by local lead agencies and competitive grant recipients. (D) Design the project to coordinate with other community services, including, but not limited to, local health agencies, voluntary health organizations, and parent organizations. (E) Design the project to use and develop existing services and resources. (F) Demonstrate an understanding of the role that the environment and community norms play in influencing tobacco use. (5) Available funds shall determine grant award amounts. (l) Allocate funds to county offices of education to provide technical assistance and leadership for tobacco use prevention, intervention, and cessation programs. The funds shall be allocated to all participating county offices of education at a minimum amount of thirty-seven thousand five hundred dollars ($37,500). If funds appropriated for purposes of allocating at least thirty-seven thousand five hundred dollars ($37,500) to all participating county offices of education are insufficient, the Superintendent of Public Instruction shall prorate available funds among participating county offices of education ensuring that all participating county offices of education receive an equal minimum level of funding of thirty-seven thousand five hundred dollars ($37,500). If funds are sufficient to provide all participating county offices of education a minimum of thirty-seven thousand five hundred dollars ($37,500), the remaining funds shall be allocated according to the following schedule based on average daily attendance in the prior year credited to all elementary, high, and unified school districts, and to the county superintendent of schools within the county as certified by the Superintendent of Public Instruction: (1) For counties with 550,000 or more units of average daily attendance, thirty cents ($0.30) per average daily attendance. (2) For counties with 100,000 or more and less than 550,000 units of average daily attendance, sixty-five cents ($0.65) per average daily attendance. (3) For counties with 50,000 or more and less than 100,000 units of average daily attendance, ninety cents ($0.90) per average daily attendance. (4) For counties with 37,500 or more and less than 50,000 units of average daily attendance, one dollar ($1) per average daily attendance. (5) For counties with less than 37,500 units of average daily attendance, thirty-seven thousand five hundred dollars ($37,500). (m) Allocate funds appropriated by Chapter 415 of the Statutes of 1995 for local assistance to school districts and county offices of education based on average daily attendance reported in the second principal apportionment in the prior fiscal year. (n) (1) Provide that all school districts, charter schools, and county offices of education that receive funding under subdivision (m) make reasonable progress toward providing a tobacco-free environment in school facilities for pupils and employees. (2) Require that all school districts, charter schools, and county offices of education that receive funding pursuant to paragraph (1) adopt and enforce a tobacco-free campus policy no later than July 1 of each fiscal year. The policy shall prohibit the use of products containing tobacco and nicotine, including, but not limited to, smokeless tobacco, snuff, chew, clove cigarettes, and electronic cigarettes that can deliver nicotine and nonnicotine vaporized solutions, at any time, in charter school or school district-owned or leased buildings, on school or district property, and in school or district vehicles. However, this section does not prohibit the use or possession of prescription products, nicotine patches, or nicotine gum. Information about the policy and enforcement procedures shall be communicated clearly to school personnel, parents, pupils, and the larger community. Signs stating “Tobacco use is prohibited” shall be prominently displayed at all entrances to school property as provided in Section 104559. Information about smoking cessation support programs shall be made available and encouraged for pupils and staff. Any school district, charter school, or county office of education that does not have a tobacco-free district policy implemented by July 1, shall not be eligible to apply for funds from the Cigarette and Tobacco Products Surtax Fund for that fiscal year. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 5, Sec. 1. (AB 9 2x) Effective June 9, 2016.)
  109. 104430.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The State Department of Education must distribute tobacco-use-prevention funding in set proportions and amounts, including minimum amounts for local educational agencies, education centers, statewide evaluation, and capped grants for technical assistance.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104430. (a) The State Department of Education shall make available funds appropriated to it from the Health Education Account in the Cigarette and Tobacco Products Surtax Fund for the implementation of Section 104420 according to the following schedule: (1) (A) Not less than two-thirds of that amount shall be awarded to local educational agencies. Funds allocated pursuant to paragraphs (2) and (3) shall not be considered funds for distribution to local educational agencies. (B) Not less than two hundred thousand dollars ($200,000) of the amount subject to subparagraph (A) shall be made available for proportionate awards to applicant education centers pursuant to Article 6 (commencing with Section 33380) of Chapter 3 of Part 20 of the Education Code, for tobacco use prevention projects. (2) Not less than two hundred thousand dollars ($200,000) of the amount awarded pursuant to Section 104420 shall be used for the support of statewide program evaluation. (3) Not more than nine hundred thousand dollars ($900,000) of the amount awarded pursuant to Section 104420 shall be awarded as grants for technical assistance, implementation strategies, and regional coordinating activities related to tobacco use prevention pursuant to subdivision (l) of Section 104420. (b) Any amount that exceeds the amounts specified in subdivision (a) shall be allocated for competitive grants pursuant to subdivision (l) of Section 104420. (c) On and after January 1, 1992, funding to which this section applies shall be made available only upon a determination by the Legislative Analyst and the Tobacco Education Oversight Committee, in the evaluation required by subdivision (c) of Section 104375, indicating that the tobacco use prevention program meets the purpose of this article. (Amended by Stats. 2007, Ch. 135, Sec. 3. Effective January 1, 2008. Operative July 1, 2009, by Sec. 6 of Ch. 135.)
  110. 104435.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    County offices of education that receive certain funds must provide support, coordination, review, and monitoring related to antitobacco programs.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104435. County offices of education that receive funds pursuant to subdivision (l) of Section 104420 shall do all of the following: (a) Provide technical assistance and training to school districts and consortia of school districts regarding planning and preparation of antitobacco programs plans pursuant to State Department of Education guidelines. (b) Provide for appropriate coordination between school districts programs and local antitobacco use programs funded by the local lead agency. (c) Participate in the review and scoring of applications submitted by school districts for grant awards made pursuant to Section 104420. (d) Participate in the monitoring and technical assistance review process for school districts and county offices of education pursuant to Section 104455. (Amended by Stats. 2007, Ch. 135, Sec. 4. Effective January 1, 2008. Operative July 1, 2009, by Sec. 6 of Ch. 135.)
  111. 104440.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Local lead agencies are not eligible for awards under the competitive grants program unless they are part of a qualifying consortium.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104440. Local lead agencies shall be ineligible for awards under the competitive grants program, unless the local lead agency is participant within a consortium of community-based organizations or nonprofit organizations. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  112. 104445.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    When awarding competitive grants, the department must give preference to nonprofit or community-based organizations, qualifying current contractors, and proposals that expand services to underserved areas or populations.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104445. In awarding grants under the competitive grants program, the department shall give preference to all of the following: (a) Nonprofit or community-based organizations. (b) Current contractors that meet both of the following requirements: (1) Have demonstrated effectiveness and capacity in providing tobacco education services. (2) Serve populations and areas with substantial unmet service needs. (c) Proposals that provide new or expanded services to geographic areas or target populations underserved, as determined by the department. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  113. 104450.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The State Department of Education must create a common reporting format for districts that receive tobacco-use-prevention funds, and county offices of education must file annual county reports using that format.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104450. (a) The State Department of Education shall develop a common reporting format for districts receiving tobacco-use-prevention funds under this article. (b) The format required by subdivision (a) shall be designed to provide annual data on all of the following: (1) Tobacco-use-prevention education program expenditures. (2) Tobacco-use-prevention education program instructional and other services to targeted and general student populations. (3) Tobacco-use-prevention education program staff development and parent training. (4) Other information determined to be appropriate by the department. (c) The information provided by the format required by subdivision (a) shall be in a quantitative format that describes the number of individuals who are served and the number of individuals receiving each type of service. (d) In addition to the requirements of subdivision (c), the information to be provided by the format required by subdivision (a) shall include, at a minimum, all of the following: (1) (A) The number of students receiving tobacco-use-prevention instruction and the type of curriculum used. (B) The format required by subdivision (a) shall show, by category, those students listed for the purpose of subparagraph (A), in each target group listed in Section 104360. (2) Other programmatic activities directly targeted to students, and the number of students participating in each. (3) The types of staff development or other tobacco-use-prevention training and, by staff classification, the number of staff members receiving the training. (4) The number of parents receiving training and the types of training provided. (5) The types of programs geared toward community involvement and the number of people served by each type. (6) The types of services provided to target populations that are in addition to services provided to other students. (7) The number and size of schools that are tobacco-free. (8) The ways in which money appropriated for the purpose of this article has been spent, including the following categories: salaries, including, but limited to, personnel, and substitute teacher costs; benefits; travel; consultant services; operating expenses, including, but not limited to, curriculum and instructional materials, supplies, other; capital outlay; and indirect costs. (e) (1) Each county office of education shall provide to the State Department of Education an annual report on district expenditures and services within its respective county pursuant to the common reporting format developed by the State Department of Education. (2) The county shall provide an annual report of the information required in paragraph (8) of subdivision (d). (Amended by Stats. 2001, Ch. 750, Sec. 20. Effective January 1, 2002.)
  114. 104455.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The State Department of Education must monitor and ensure implementation of tobacco-free policies and tobacco-use prevention education programs in funded districts.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104455. The State Department of Education shall monitor and ensure implementation of district and county offices of education tobacco-free policies and tobacco-use prevention education programs in districts receiving funding from the Cigarette and Tobacco Products Surtax Fund through procedures determined by the Superintendent of Public Instruction after consultations with the committee. (Amended by Stats. 2007, Ch. 135, Sec. 5. Effective January 1, 2008. Operative July 1, 2009, by Sec. 6 of Ch. 135.)
  115. 104460.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    School districts that receive Cigarette and Tobacco Products Surtax Fund money must offer specified support services to pregnant minor and minor parents enrolled in the district.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104460. (a) Each school district receiving funds from the Cigarette and Tobacco Products Surtax Fund shall make all of the following services available to every pregnant minor and minor parent enrolled in the school district: (1) Referral to perinatal and related support services. (2) Outreach services and assessment of smoking status. (3) Individualized counseling and advocacy services. (4) Motivational messages. (5) Cessation services, if appropriate. (6) Incentives to maintain a healthy lifestyle. (7) Followup assessment. (8) Maintenance and relapse prevention services. (b) Where appropriate, those services listed in subdivision (a) shall be integrated with existing programs for pregnant minors and minor parents. (c) Each district plan submitted in application for funds under this article shall include a description of the availability of the services required by this section. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  116. 104465.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department may reserve up to $3 million a year for the competitive grants program to support local and regional community outreach and media efforts.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104465. (a) The department may annually set aside three million dollars ($3,000,000) appropriated for the purposes of the competitive grants program established pursuant to this article in order to support efforts to link the statewide media campaign to local communities and to provide regional public and community relations or media initiatives. (b) Local community initiatives may include, but are not limited to, all of the following: (1) Encouraging volunteer efforts. (2) Local media programming. (3) Provision of assistance in, and facilitation of, public and community events. (c) The efforts described in subdivision (b) shall be directed principally to the target communities described in Section 104360. (d) Regular application procedures for competitive grants under this article shall apply to applications for grants under this section. (e) Funds awarded pursuant to this section shall be awarded in the same manner as other competitive grants under this article. (Amended by Stats. 2003, Ch. 230, Sec. 7. Effective August 11, 2003.)
  117. 104466.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Money appropriated for specified tobacco use prevention programs may be spent or encumbered for three fiscal years after the appropriation date.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104466. Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2002 and any other provision of law, commencing with the appropriation for the 2002–03 fiscal year, and for each fiscal year thereafter, any amount appropriated to the department or the State Department of Education to implement the following tobacco use prevention programs shall be available for encumbrance and expenditure for three fiscal years beyond the date of the appropriation: (a) The program to evaluate tobacco control programs provided for in subdivisions (b) and (c) of Section 104375. (b) The tobacco use prevention media campaign provided for in subdivision (e) of Section 104375. (c) The competitive grant program provided for in Section 104385. (d) The local lead agency tobacco use prevention programs provided for in Section 104400. (e) The tobacco use prevention program directed at schools provided for in Sections 104420, 104430, and 104435. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 5, Sec. 2. (AB 9 2x) Effective June 9, 2016.)
  118. 104470.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The State Department of Education must make periodic reports to the committee about tobacco education programs funded under this article, including program and grant expenditures.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104470. The State Department of Education shall make periodic reports to the committee regarding the status and funding of tobacco education programs funded under this article as required by the committee. The reports shall include an overview of program and grant expenditures funded under this article. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  119. 104475.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section creates the Tobacco Education Fund under the authority of the Controller.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104475. There is hereby created under the authority of the Controller the Tobacco Education Fund. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  120. 104480.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The article’s guidelines, criteria, standards, and requirements do not have to follow Chapter 3.5 rulemaking requirements and may be implemented without being adopted as regulations.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104480. All guidelines, criteria, standards, and requirements specified in this article are 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, and shall be implemented without being adopted as regulations. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  121. 104495.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section bans smoking, tobacco waste disposal, and tobacco-product use in specified areas near playgrounds, tot lots, and youth sports events, with a $250 fine per violation.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Tobacco Use Prevention [104350 - 104495] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104495. (a) For the purposes of this section, the following definitions shall govern: (1) “Playground” means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on city, county, or state park grounds. (2) “Tot lot sandbox area” means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area. (3) “Public park” includes a park operated by a public agency. (4) “Youth sports event” means any practice, game, or related activity organized by any entity at which athletes up to 18 years of age are present. (5) “Smoke or smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (6) “Cigarette” means the same as defined in Section 104556. (7) “Cigar” means the same as defined in Section 104550. (8) (A) “Tobacco product” means any of the following: (i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. (B) Notwithstanding subparagraph (A), “tobacco product” does not include a nicotine replacement product approved by the United States Food and Drug Administration. (b) A person shall not smoke a cigarette, cigar, or other tobacco product within 25 feet of any playground or tot lot sandbox area. (c) A person shall not dispose of cigarette butts, cigar butts, or any other tobacco-related waste within 25 feet of a playground or a tot lot sandbox area. (d) A person located in the same park or facility where a youth sports event is taking place shall not use a tobacco product within 250 feet of the youth sports event. (e) A person shall not intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this section. (f) Any person who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section. Punishment under this section shall not preclude punishment pursuant to Section 13002, Section 374.4 of the Penal Code, or any other law proscribing the act of littering. (g) The prohibitions contained in subdivisions (b) and (c) shall not apply to a public sidewalk located within 25 feet of a playground or a tot lot sandbox area. (h) This section shall not preempt the authority of any county, city, or city and county to regulate smoking around playgrounds or tot lot sandbox areas. Any county, city, or city and county may enforce any ordinance adopted prior to January 1, 2002, or may adopt and enforce new regulations that are more restrictive than this section, on and after January 1, 2002. (i) This section shall not preempt the authority of any county, city, or city and county to regulate the use of a tobacco product around a youth sports event. Any county, city, or city and county may enforce any ordinance adopted before January 1, 2017, or may adopt and enforce a new regulation that is more restrictive than this section, on and after January 1, 2017. (Amended (as amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 15) by Stats. 2016, Ch. 537, Sec. 1. (SB 977) Effective January 1, 2017.)
  122. 104500.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The University of California must administer the tobacco research program, award funds through scientific peer review, give qualified investigators equal access to compete, and send periodic program and financial reports to the state.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104500. (a) (1) The Legislature finds that the efforts to reduce smoking in California have led to a drop in the consumption of tobacco. Although not on target to meet the goal of achieving a 75-percent reduction in tobacco consumption in California by the year 1999, the results are encouraging. (2) The Legislature further finds that as a result of the success of the programs, the money received from the taxation of tobacco has been dropping. The Legislature declares this a sign of success, not a matter of concern. (3) The Legislature further notes that programs, organizations, and individuals receiving money from the Cigarette and Tobacco Products Surtax Fund are receiving money from a declining revenue source. The Legislature finds that this success has led to an obvious concern and fear among recipients that “their money” is shrinking every year. (4) The Legislature finds that, assuming the success of the antismoking efforts continue, there will be necessary reductions in spending in the years to come. (5) The Legislature declares its intention to seek full analysis of all programs receiving money under Proposition 99 and declares its intention to critically evaluate how the money is being spent and whether the spending is achieving the results desired. (6) The Legislature specifically rejects the notion that every dollar of expenditure made by every program, organization, or activity is of equal value. Instead, the Legislature declares its intention to choose between competing programs and to allocate moneys to those programs and activities that are most successful in meeting the goals of the initiative. (b) It is the intent of the Legislature to provide for the continuation of the Cigarette and Tobacco Products Surtax Research Program to support research into tobacco-related disease. It is the intent of the Legislature that this program be administered by the University of California and that this program be administered pursuant to the following principles: (1) The research program established should adhere to the objectives stated in the provisions of the initiative act entitled Cigarette and Tobacco Products Surtax regarding research: “The Research Account . . . shall only be available for tobacco-related disease research.” (2) All research funds shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that assures objectivity, consistency, and high quality. All qualified investigators, regardless of institutional affiliation, shall have equal access and opportunity to compete for the funds in the Research Account. (3) The peer review process for the selection of grants awarded under this program shall be modeled on that used by the National Institutes of Health in its grantmaking process. (4) Awardees shall be reimbursed for the full cost, both direct and indirect, of conducting the sponsored research consistent with federal guidelines governing all federal research grants and contracts. (c) It is further the intent of the Legislature that on or before December 31, 2010, and every five years thereafter, the University of California transmit programmatic, as well as financial, reports to the state, including a report on the grants made, pending grants, program accomplishments, and the future direction of the program. (Amended by Stats. 2009, Ch. 386, Sec. 29. (AB 1182) Effective January 1, 2010.)
  123. 104505.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature requests the University of California to keep running a comprehensive grant program for tobacco-related disease research.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104505. The Legislature hereby requests the University of California to continue to administer a comprehensive grant program to support research efforts related to the prevention, causes, and treatment of tobacco-related diseases. It is the intent of the Legislature that the program incorporate the principles and organizational elements specified in this article, including, but not limited to, a program office with a director and other necessary staff, a scientific advisory committee, and research review panels. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  124. 104510.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section defines key terms used in the article, including grantee, indirect costs, tobacco-related disease, tobacco-related disease research, public policy research, and university.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104510. For the purposes of this article: (a) “Grantee” means any qualifying public, private, or nonprofit agency or individual including, but not limited to, colleges, universities, hospitals, laboratories, research institutions, local health departments, voluntary health agencies, health maintenance organizations, and individuals conducting research in California. (b) “Indirect costs” includes such items as use allowance for research facilities, heating, lighting, library services, health and safety services, project administration, and building maintenance, as defined by federal cost accounting guidelines for federally sponsored research. (c) “Tobacco-related disease” includes, but is not limited to, the following: (1) Coronary heart disease. (2) Cerebrovascular disease. (3) Cancer, including cancers of the lung, larynx, esophagus, bladder, pancreas, and mouth. It is the intent of the Legislature that the university further research the epidemiological link between smoking and breast cancer and prostate cancer. (4) Chronic obstructive lung disease, including emphysema, chronic bronchitis, asthma, and related lung disorders. (5) Other conditions or diseases that smoking or tobacco use has been established to be a risk factor for excess disability and illness. (d) “Tobacco-related disease research” includes, but is not limited to, research in the fields of biomedical science, the social and behavioral sciences, public policy, epidemiology, and public health. (e) “Public policy research” means research that investigates and evaluates various programs and strategies used by governmental, private, and nonprofit organizations to control tobacco use. (f) “University” means the University of California. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  125. 104515.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The university is intended to establish a scientific advisory committee to advise the university president on the research program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104515. It is the intent of the Legislature that the university establish a scientific advisory committee to provide advice to the president of the university as to the direction, scope, and progress of the research program. (a) Responsibilities of the committee may include, but are not limited to: (1) Provision of advice on program priorities and emphasis. (2) Provision of advice on overall program budget. (3) Participation in periodic program evaluation. (4) Assistance in developing guidelines to assure fairness, neutrality, and adherence to the principles of merit and quality in the conduct of the program. (5) Assistance in developing appropriate linkages to nonacademic entities, including, but not limited to, voluntary organizations, health care delivery institutions, industry, government agencies, and public officials. (b) Responsibilities of the committee may additionally include: (1) Development of criteria and standards for grant awards. (2) Development of administrative procedures relative to the solicitation, review, and award of grants to ensure an impartial, high quality peer review system. (3) Development and supervision of research review panels. (4) Review of research review panel reports and recommendations for grant awards. (5) Development and oversight of mechanisms for the dissemination of research results. (c) It is the intent of the Legislature that the committee consist of at least nine members representing a range of scientific expertise and experience appointed by the president of the university from nominations submitted by relevant organizations, as follows: (1) Three members from voluntary health organizations dedicated to the reduction of tobacco use. (2) One member with expertise in the field of biomedical research. (3) One member with expertise in the field of behavioral or social research. (4) One member from professional medical or health organizations. (5) One member from an independent research university in California. (6) One member drawn from other institutions engaged in research directed at tobacco-related diseases. (7) One member representing tobacco control for the department. (8) One member representing a community-based provider of health education and prevention services. (d) Committee membership shall be drawn from the ranks of bona fide scientists and individuals fully conversant with the norms of scientific inquiry. (e) Members shall serve at the pleasure of the President of the University of California. Membership may be staggered in such a way as to maintain a full committee while ensuring a reasonable degree of continuity of expertise and consistency of direction. (f) Members shall serve without compensation, but may receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties. (g) The Legislature hereby declares that public policy research is an area of compelling interest because of its potential to determine the best methods for reducing tobacco use on a wide scale among Californians. The scientific advisory committee shall give a high priority to proposals for grant awards to fund public policy research. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  126. 104520.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The university is intended to use NIH-modeled peer review panels to review research grants, and it may use reviewers from outside California.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104520. It is the intent of the Legislature that the university utilize peer review panels modeled upon the National Institutes of Health peer review process to review all research grants. The membership of these panels shall vary depending on the subject matter of proposals and review requirements, and shall draw on the most qualified individuals from appropriate institutions within and outside the State of California and from within and without the University of California system. The work of the peer review panels shall be administered pursuant to policies and procedures established by the scientific advisory committee. In order to avoid conflicts of interest and to ensure access to qualified reviewers, the university may utilize reviewers not only from California but also from outside the state. When serving on peer review panels, individuals who have submitted grant applications for funding by this program shall be governed by conflict-of-interest provisions consistent with the National Institutes of Health Manual, Chapter 4510 (item h). (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  127. 104525.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section says research projects funded under the article may include several kinds of grants, including investigator, new investigator, center, and conference grants.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104525. Research projects funded under this article may include, but are not limited to: (a) Individual investigator-generated grants. These grants may be awarded to an institution on behalf of a principal investigator for a discrete project related to the investigator’s interests and competence. (b) New investigator grants. These grants may be awarded to an institution to support the work of promising individuals in the initial stages of their research careers. (c) Center grants. These grants may be awarded to institutions on behalf of a principal investigator and a group of collaborating investigators providing support for long-term multidisciplinary programs of research and development. (d) Conference grants. These grants may be awarded for funding of conferences in California to coordinate, exchange, and disseminate information related to specific research efforts. These grants may fund honoraria and travel expenses for invited participants from outside California. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  128. 104530.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The university, as lead agency, is to run and coordinate the program and carry out listed support, reporting, evaluation, dissemination, policy, and outreach functions.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104530. It is the intent of the Legislature that the university, as lead agency, do all of the following: (a) Provide overall direction and coordination of the program. (b) Provide staff assistance to the advisory committee and review panels. (c) Provide for periodic program evaluation, to assure that work funded is consistent with program goals. (d) Maintain a system of financial reporting and accountability. (e) Provide for the systematic dissemination of research results to the public and the health care community, and to provide for a mechanism to disseminate the most current research findings in the areas of smoking cessation and the prevention of tobacco use in order that these findings may be applied to the implementation of the Health Education Account. (f) Develop policies and procedures to facilitate the translation of research results into commercial applications wherever appropriate. (g) Undertake an outreach program to inform interested parties of the availability of grants for public policy research in the area of tobacco control. (Amended by Stats. 2009, Ch. 386, Sec. 30. (AB 1182) Effective January 1, 2010.)
  129. 104535.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Projects funded under this article should be reimbursed for actual costs, and indirect cost rates may not exceed federal limits. If an institution has not negotiated a federal indirect cost reimbursement rate, the university will request information to verify the rates.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104535. It is the intent of the Legislature that projects funded under this article be reimbursed for actual costs, including direct costs and indirect costs incurred by a research institution consistent with federal guidelines. Indirect cost rates shall not exceed those allowable by the federal government for federally sponsored research. With respect to those institutions that have not negotiated a federal indirect cost reimbursement rate, the university will request information to verify the indirect cost rates. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  130. 104540.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states that no more than 5% of the Research Account should be used to administer this article.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104540. It is the intent of the Legislature that no more than 5 percent of the Research Account be used for the purposes of the administration of this article. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  131. 104545.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This article does not apply to the University of California unless the regents make it applicable by resolution.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program [104500 - 104545] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104545. No provision of this article shall apply to the University of California unless the regents of the university, by resolution, make that provision so applicable. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  132. 104550.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Cigar Labeling [104550 - 104552] ( Article 3 added by Stats. 1999, Ch. 693, Sec. 1. )

    Verify source ↗

    Cigar manufacturers and importers must put specified warning labels on retail packages sold in California and follow packaging/display rules.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Cigar Labeling [104550 - 104552] ( Article 3 added by Stats. 1999, Ch. 693, Sec. 1. ) ## 104550. (a) Each manufacturer or importer of cigars shall place, or cause to be placed, labels bearing one of the following warnings on each retail package of cigars packaged for sale after September 1, 2000, and shipped for distribution in California: “Warning: Cigars contain many of the same carcinogens found in cigarettes, and cigars are not a safe substitute for smoking cigarettes. This product contains chemicals known to the State of California to cause cancer and birth defects and other reproductive harm.” “Warning: Smoking cigars regularly poses risks of cancer of the mouth, throat, larynx, and esophagus similar to smoking cigarettes. This product contains chemicals known to the State of California to cause cancer and birth defects and other reproductive harm.” “Warning: Smoking cigars causes lung cancer, heart disease, and emphysema, and may complicate pregnancy. This product contains chemicals known to the State of California to cause cancer and birth defects and other reproductive harm.” (b) Commencing September 1, 2000, retail packages of cigars bearing the labels required by subdivision (a) shall be introduced in the distribution chain by the manufacturer or importer so that approximately equal numbers of retail packages of each brand of cigars will bear each of the labels required by subdivision (a) during each 12-month period, subject to any practical limitations of the printing equipment used by the manufacturer or importer or other similar conditions. (c) For purposes of this article, “cigar” means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, but shall not include any roll of tobacco wrapped in any substance which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette. (d) The labels required in subdivision (a) shall appear on the outside surface of retail packages in which cigars are sold or on the cellophane overwrap of the packages and shall be displayed in a clear and reasonable manner so that all letters in the label appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material on the package. Display boxes or containers used to sell individual cigars are required to bear a warning label so that the warning can ordinarily be read by retail customers removing products from that box or container. Labels required by subdivision (a) may be preprinted, at the discretion of the manufacturer or importer, if firmly attached to the retail package or cellophane overwrap in such a way that the surface of the label is destroyed before the label can be removed from the package or overwrap. (e) As used in this section, “retail package” means a pack, box, carton, pouch, or container of any kind in which cigars are offered for sale, sold, or otherwise distributed to consumers but does not include cellophane wrappers, tubes, or similar wrappings in which individual cigars are sold, and does not include shipping cartons or other containers not normally purchased by consumers. (f) The warnings required by this section shall supersede the required warning language as stipulated by the parties in People of the State of California, ex rel. John Van DeKamp v. Safeway Stores, Inc., et al., San Francisco Superior Court No. 897576. It is the intent of the Legislature that the enactment of this section shall not affect the litigation in People of the State of California, et al. v. General Cigar Company, et al., San Francisco Superior Court No. 996780; People of the State of California and American Environmental Safety Institute v. Phillip Morris, Inc., et al., Los Angeles Superior Court No. BC194217; and People of the State of California, et al. v. Tobacco Exporters International (USA), Ltd., et al., San Francisco Superior Court No. 301631. (g) Any person who violates subdivision (a) shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. A civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. (h) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the State of California, by any district attorney, by any city attorney of a city having a population in excess of 750,000 people and with the consent of the district attorney, by a city prosecutor in any city or city and county having a full-time city prosecutor. (Amended by Stats. 2000, Ch. 135, Sec. 101. Effective January 1, 2001.)
  133. 104551.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Cigar Labeling [104550 - 104552] ( Article 3 added by Stats. 1999, Ch. 693, Sec. 1. )

    Verify source ↗

    For this article, “manufacturer” includes any person who makes, assembles, processes, labels, or otherwise handles a finished cigar, including repackers and relabelers.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Cigar Labeling [104550 - 104552] ( Article 3 added by Stats. 1999, Ch. 693, Sec. 1. ) ## 104551. For purposes of this article, “manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a finished cigar. (Added by Stats. 1999, Ch. 693, Sec. 1. Effective January 1, 2000.)
  134. 104552.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Cigar Labeling [104550 - 104552] ( Article 3 added by Stats. 1999, Ch. 693, Sec. 1. )

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    If this article conflicts with later federal warning-label requirements for cigars, the federal provisions control.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Cigar Labeling [104550 - 104552] ( Article 3 added by Stats. 1999, Ch. 693, Sec. 1. ) ## 104552. To the extent this article conflicts with any federal provision enacted subsequent to the effective date of this article that requires cigar manufacturers and importers to provide warning labels on cigars, those federal provisions shall supersede the provisions of this article. (Added by Stats. 1999, Ch. 693, Sec. 1. Effective January 1, 2000.)
  135. 104559.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Tobacco Use Prohibition [104559- 104559.] ( Article 4 added by Stats. 2016, 2nd Ex. Sess., Ch. 5, Sec. 3. )

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    Tobacco and nicotine products are prohibited at all times in specified school-related buildings, property, and vehicles, and covered education entities must post signs saying tobacco use is prohibited.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Tobacco Use Prohibition [104559- 104559.] ( Article 4 added by Stats. 2016, 2nd Ex. Sess., Ch. 5, Sec. 3. ) ## 104559. (a) The use of tobacco and nicotine products is prohibited at any time in a county office of education, charter school or school district-owned or leased buildings, on school or district property, and in school or district vehicles. This includes, but is not limited to, smokeless tobacco, snuff, chew, clove cigarettes, and other nicotine delivery devices, such as electronic cigarettes. (b) School districts, charter schools, and county offices of education shall prominently display signs at all entrances to school property stating “Tobacco use is prohibited.” (Added by Stats. 2016, 2nd Ex. Sess., Ch. 5, Sec. 3. (AB 9 2x) Effective June 9, 2016.)
  136. 104559.1.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4.5. Unflavored Tobacco [104559.1- 104559.1.] ( Article 4.5 added by Stats. 2024, Ch. 849, Sec. 6. )

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    The Attorney General must maintain the Unflavored Tobacco List, and manufacturers and importers of tobacco products must submit flavor-related lists and certifications for brand styles sold in or into California. Distributors, wholesalers, and delivery sellers may not sell tobacco products off the list, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4.5. Unflavored Tobacco [104559.1- 104559.1.] ( Article 4.5 added by Stats. 2024, Ch. 849, Sec. 6. ) ## 104559.1. (a) The Attorney General shall establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a characterizing flavor. This list shall be known as the Unflavored Tobacco List (UTL). (b) (1) Every manufacturer and every importer of tobacco products shall submit to the Attorney General a list of all brand styles of tobacco products that they manufacture or import for sale or distribution in or into California that lack a characterizing flavor. The Attorney General may deem each submission to be a request that the brand style be included on the UTL. Any submission under this section shall be accompanied by a certification by the manufacturer or importer, under penalty of perjury, that does all of the following: (A) Describes each brand style, brand, and tobacco product category. Categories shall include, but not be limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic pipes, and electronic hookahs. (B) Describes, for each brand style, if a formal authorization, approval, or order from the United States Food and Drug Administration under Section 387e(j) or 387j of the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. Sec. 301 et seq.) has been sought and, if so, the status of any request for that authorization, approval, or order. (C) Certifies that each brand style lacks a characterizing flavor. (2) (A) Upon the request of the Attorney General, a manufacturer or importer shall provide additional information and factual substantiation regarding a brand style’s lack of characterizing flavor. (B) Information submitted to the Attorney General by a manufacturer or importer pursuant to this paragraph shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (3) (A) Upon the request of the Attorney General, a manufacturer or importer shall provide additional information and documentation regarding tobacco product status, packaging, or marketing of a brand style. (B) Information submitted to the Attorney General by a manufacturer or importer pursuant to this paragraph and designated as nonpublic shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) In determining whether or not a brand style has a characterizing flavor the Attorney General shall consider, among other factors, information received from the manufacturer or importer to the Attorney General regarding the brand style. (d) The Attorney General shall presume a brand style to have a characterizing flavor if the manufacturer or importer, or any employee or agent of the manufacturer or importer, in the course of their employment by the agency, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, any text, color, or images on the product’s labeling or packaging, that explicitly or implicitly communicates that the tobacco product has a characterizing flavor. This presumption may be rebutted by the manufacturer or importer. (e) The Attorney General shall decline to include on the UTL any brand style that the Attorney General reasonably determines has a characterizing flavor. The Attorney General may decline to include on the UTL any brand style that is adulterated as defined in Section 387b of or misbranded as defined in Section 387c of the FFDCA or that is otherwise required to obtain and has not received a formal authorization, approval, or order under Section 387e(j) or 387j of the FFDCA. (f) (1) The Attorney General shall remove from the UTL any brand style that the Attorney General determines has a characterizing flavor. The Attorney General may remove from the UTL any brand style that the Attorney General determines is adulterated as defined in Section 387b of or misbranded as defined in Section 387c of the FFDCA or that is required to obtain and has not received a formal authorization, approval, or order under Section 387e(j) or 387j of the FFDCA. (2) (A) The Attorney General shall promptly provide the manufacturer or importer that submitted a certification regarding a brand style with written notice when the Attorney General removes it from the UTL. This notice shall include the basis for the Attorney General’s determination. (B) Removal of a brand style from the UTL will be effective 30 days after the manufacturer or importer is given notice pursuant to subparagraph (A). (C) A manufacturer or importer may provide additional materials that the manufacturer or importer deems relevant to the determination described in paragraph (1) within 30 days of the notice provided pursuant to subparagraph (A). (D) Information submitted to the Attorney General by a manufacturer or importer pursuant to this paragraph shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (g) Any brand style not on the UTL shall be deemed a flavored tobacco product under subdivision (b) of Section 104559.5. (h) Every manufacturer and every importer that has made a submission under this section shall submit updated information to the Attorney General whenever it no longer manufactures or imports for sale or distribution in or into the state a brand style listed on the UTL or when the brand style it manufactures or imports no longer lacks a characterizing flavor. This updated information shall be provided to the Attorney General by the manufacturer or importer prior to or on the date upon which the manufacture or importation of the brand style ceases, or prior to or on the date upon which the brand style no longer lacks a characterizing flavor. (i) Every manufacturer or importer that submits a brand style pursuant to this section shall also do all of the following: (1) Consent to the jurisdiction of the California courts for the purpose of enforcement of this section and for enforcement of regulations adopted pursuant to this section. (2) Appoint a registered agent for service of process in this state. (3) Identify the registered agent to the Attorney General. (4) Waive any sovereign immunity defense that may apply in an action to enforce this section or to enforce regulations adopted pursuant to this section. (j) The Attorney General may require a manufacturer or importer of tobacco products that are sold or distributed in or into California, whether directly or indirectly through a distributor, wholesaler, or retailer, to submit to the Attorney General a list of all brand styles of tobacco products that they manufacture or import. (k) (1) Every manufacturer and importer submission under paragraph (1) of subdivision (b) shall be accompanied by an initial application fee of up to one thousand dollars ($1,000) per brand style, not to exceed the reasonable costs of processing the submissions and operating the UTL, to offset the costs incurred by the Attorney General for processing the submissions and operating the UTL. The Attorney General shall collect an annual renewal fee of up to one thousand dollars ($1,000) per brand style, not to exceed the reasonable costs of maintaining the UTL, to offset the costs associated with operating the UTL. The fee shall be for the fiscal year ending June 30 and shall not be prorated. (2) Application and renewal fees received under this subdivision shall be deposited into the California Unflavored Tobacco List Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all amounts deposited into the California Unflavored Tobacco List Fund are hereby continuously appropriated without regard to fiscal year to the office of the Attorney General for the purpose of processing the submissions and operating the UTL. (l) (1) Upon receiving notice from the Attorney General that a brand style is either removed from the UTL or that the Attorney General declines to include it on the list, the manufacturer or importer that provided the certification to the Attorney General that the brand style lacks a characterizing flavor may challenge the Attorney General’s determination as erroneous, seek to rebut any presumption relied upon by the Attorney General, and seek relief from the determination, by filing a writ of mandate pursuant to Section 1085 of the Code of Civil Procedure in the Superior Court of the County of Sacramento, or as otherwise provided by law. The filing of the petition shall not operate to stay the Attorney General’s determination except upon a ruling of a court of competent jurisdiction. (2) A manufacturer or importer may challenge a decision by the Attorney General pursuant to paragraph (1) in addition to providing additional materials to the Attorney General pursuant to subdivision (f). (m) The Attorney General shall publish the UTL beginning on or before December 31, 2025. (n) The Attorney General may seek injunctive relief and a civil penalty not to exceed fifty thousand dollars ($50,000) and recover reasonable attorney’s fees, investigation costs, and expert fees against an entity or individual that certifies to the Attorney General that a brand style lacks a characterizing flavor when the certifying entity or individual had no reasonable basis to believe the certification was true. (o) (1) Except as provided in paragraph (2), a distributor or wholesaler shall not sell any tobacco product not appearing on the UTL or any tobacco product flavor enhancer to any retailer, wholesaler, or other person for sale in California. A delivery seller shall not sell a tobacco product not appearing on the UTL or a tobacco product flavor enhancer to a consumer in California. (2) This subdivision does not apply to the sale of tobacco products by a distributor or wholesaler to a retailer, wholesaler, distributor, or any other person that the state, pursuant to the United States Constitution, the laws of the United States, or the California Constitution, is prohibited from regulating. (3) For each tobacco product or tobacco product flavor enhancer sold in violation of this subdivision, the Attorney General may assess civil penalties against the distributor, wholesaler, or delivery seller according to the following schedule: (A) A civil penalty of not more than two thousand dollars ($2,000) for the first violation. (B) A civil penalty of not more than three thousand five hundred dollars ($3,500) for the second violation within a five-year period. (C) A civil penalty of not more than five thousand dollars ($5,000) for the third violation within a five-year period. (D) A civil penalty of not more than six thousand five hundred dollars ($6,500) for the fourth violation within a five-year period. (E) A civil penalty of not more than ten thousand dollars ($10,000) for a fifth or subsequent violation within a five-year period. (p) Whenever the Attorney General prevails in a civil action to enforce this section, the court shall award to the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs. Awards under this section shall be paid to the Public Rights Law Enforcement Special Fund established pursuant to Section 12530 of the Government Code. (q) The Attorney General may adopt those rules and regulations the Attorney General deems necessary to implement the purposes of this section, including regulations further delineating tobacco product status and characterizing flavor determinations, requiring reporting of delivery sales of tobacco products and constitutionally exempted distributions of flavored tobacco products, and adopting an administrative process for the imposition of civil penalties. The regulations adopted to implement this section are emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public health, safety, and welfare. (r) This section does not preempt or otherwise prohibit the adoption of a local ordinance that is more restrictive than this section, that references or incorporates the UTL, or that imposes standards or definitions for a characterizing flavor that are more restrictive than those in this section. (s) For the purposes of this section, the following definitions apply: (1) “Brand style” means a style of tobacco product within a brand that is differentiated from other styles of that brand by weight, volume, size, Universal Product Code, Stock Keeping Unit, nicotine content, characterizing flavor, logo, symbol, motto, labeling, marketing, materials, packaging, or other indicia of product identification. (2) “Characterizing flavor” has the same meaning as in Section 104559.5. (3) “Tobacco product” means a tobacco product as defined in Section 104559.5, but excludes looseleaf tobacco, premium cigars, and shisha tobacco products, as those terms are defined in that section. (4) “Tobacco product flavor enhancer” has the same meaning as defined in Section 104559.5. (5) “UTL” means the Unflavored Tobacco List described in subdivision (a). (t) 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. 2024, Ch. 849, Sec. 6. (AB 3218) Effective January 1, 2025.)
  137. 104559.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 5. Tobacco Sale Prohibition [104559.5- 104559.5.] ( Article 5 added by Stats. 2020, Ch. 34, Sec. 1. )

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    Tobacco retailers and their agents or employees must not sell, offer for sale, or hold for sale flavored tobacco products or tobacco product flavor enhancers, subject to stated exceptions.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Tobacco Control [104350 - 104559.5] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 5. Tobacco Sale Prohibition [104559.5- 104559.5.] ( Article 5 added by Stats. 2020, Ch. 34, Sec. 1. ) ## 104559.5. (a) For purposes of this section, the following definitions apply: (1) “Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product. (2) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product. (3) “Department” means the State Department of Public Health. (4) “Enforcing agency” means the State Department of Public Health, another state agency, including, but not limited to, the office of the Attorney General, or a local law enforcement agency, including, but not limited to, a city attorney, district attorney, or county counsel. (5) “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor. (6) “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor. “Flavored tobacco product” includes any tobacco product, other than looseleaf tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to Section 104559.1. (7) “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. (8) “Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories. (9) “Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging. (10) “Looseleaf tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes. (11) “Nicotine” means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived, and includes nicotinic alkaloids and nicotine analogs. (12) “Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer. (13) “Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand. (14) “Retail location” means both of the following: (A) A building from which tobacco products are sold at retail. (B) Any vending machine, vehicle, mobile unit, booth, stand, or concession that conducts in-person sales of tobacco products directly to the public. (15) “Sale” or “sold” means a sale as that term is defined in Section 30006 of the Revenue and Taxation Code. (16) “Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product. (17) (A) “Tobacco product” means any of the following: (i) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (ii) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including an electronic cigarette, cigar, pipe, or hookah. (iii) Any component, part, or accessory of a tobacco product, whether or not sold separately. (B) Notwithstanding subparagraph (A), “tobacco product” does not include: (i) a nicotine replacement product approved by the United States Food and Drug Administration, or (ii) cannabis or a cannabis product, as those terms are defined in Section 26001 of the Business and Professions Code. Cannabis or a cannabis product that includes an ingredient, substance, chemical, or compound that contains or is made or derived from tobacco or nicotine is a “tobacco product” under this section. (18) “Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product. (19) “Tobacco retailer” means a person who engages in this state in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state. (b) (1) A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. (2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor. (c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met: (1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code. (2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time. (3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products. (4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code. (d) Subdivision (b) does not apply to sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises. (e) Subdivision (b) does not apply to looseleaf tobacco or premium cigars. (f) (1) An enforcing agency may assess civil penalties against any person or entity that violates subdivision (b) according to the schedule of civil penalties prescribed in subdivision (a) of Section 22958 of the Business and Professions Code. In the case of a corporation or business with more than one retail location, the number of accumulated violations for purposes of the penalty schedule shall be determined in accordance with subdivision (h) of that section. (2) In addition to the civil penalties described in paragraph (1), upon the assessment of a civil penalty for the third, fourth, or fifth violation, the department, within 60 days of the date of service of the final administrative adjudication on the parties or payment of the civil penalty for an uncontested violation, shall notify the California Department of Tax and Fee Administration of the violation who shall then assess a civil penalty of two hundred fifty dollars ($250) and suspend or revoke a license issued pursuant to Chapter 2 (commencing with Section 22972) of Division 8.6 of the Business and Professions Code, in accordance with the schedule listed in paragraph (1) of subdivision (b) of Section 22958 of the Business and Professions Code. (3) Notwithstanding paragraph (7), the civil penalty assessed pursuant to paragraph (2) shall be deposited into the Cigarette and Tobacco Products Compliance Fund and shall be made available to the California Department of Tax and Fee Administration, upon appropriation by the Legislature, for the purposes of meeting its duties prescribed in paragraph (2). (4) The provisions of Chapter 4 (commencing with Section 55121) of Part 30 of Division 2 of the Revenue and Taxation Code apply with respect to the collection of the penalty imposed by the California Department of Tax and Fee Administration pursuant to paragraph (2). (5) The department shall, upon request, provide information concerning any person or entity that has been assessed a civil penalty for violation of this section to the California Department of Tax and Fee Administration when the department has notified the California Department of Tax and Fee Administration of the violation. (6) Proceedings under this section shall be conducted pursuant to Section 131071, except in cases where a civil penalty is assessed by an enforcing agency other than the department, in which case proceedings shall be conducted pursuant to the procedures of that agency that are consistent with Section 131071. (7) Except as otherwise provided in paragraph (3), all moneys collected as civil penalties by the department or by any other state agency or department pursuant to this section shall be deposited in the Sale of Tobacco to Minors Control Account. (g) (1) Primary responsibility for enforcement of this section shall be with the department. In carrying out its enforcement responsibilities, the department may conduct onsite sting inspections at tobacco retailers randomly, in response to public complaints, or at retailers where violations have previously occurred. Agents of the department, while conducting enforcement activities pursuant to this section, are peace officers and are subject to all of the powers and immunities granted to Food and Drug Section inspectors pursuant to Section 106500 in the same manner as are any Food and Drug Section inspectors of the department. (2) In addition to the primary enforcement responsibility assumed by the department, another enforcing agency may conduct inspections and assess penalties for violations of this section if that enforcing agency complies with the applicable provisions of this section and with all other applicable provisions of law. (3) State and local enforcing agencies are encouraged, in order to avoid duplication, to share the results of inspections and coordinate with the department when enforcing this section. (4) An enforcing agency may use audio or video recording equipment when conducting inspections, to record and document illegal sales or attempted sales. (h) (1) The department may adopt any regulations that it determines are necessary for the enforcement of this section. The regulations shall be adopted by the department in the manner prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (2) The department may adopt emergency regulations to implement this section. Any emergency regulation shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Emergency regulations adopted shall remain in effect until regulations have been adopted pursuant to paragraph (1). (i) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail. (Amended by Stats. 2024, Ch. 849, Sec. 7.5. (AB 3218) Effective January 1, 2025.)
  138. 104560.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

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    This section establishes a comprehensive perinatal outreach program within the state department.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104560. There is established in the state department a comprehensive perinatal outreach program. (Added by renumbering Section 349.100 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 124. Effective September 29, 1996.)
  139. 104561.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    A county or city and county may contract with the state department to provide perinatal program coordination, patient advocacy, and expanded access services for certain low-income pregnant and postpartum women and women likely to become pregnant.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104561. A county or city and county may contract with the state department to provide perinatal program coordination, patient advocacy, and expanded access services for low-income pregnant and postpartum women and women of childbearing age who are likely to become pregnant integrated with the county’s perinatal program. (Added by renumbering Section 349.101 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 125. Effective September 29, 1996.)
  140. 104562.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    A county that already contracts with the state department for public health services may also contract for the services described in Section 104561.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104562. A county that contracts with the state department for the provision of public health services may contract with the state department for the services described in Section 104561. (Added by renumbering Section 349.102 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 126. Effective September 29, 1996.)
  141. 104563.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    A county that contracts with the state department under this program must provide specified perinatal and program information.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104563. A county contracting with the state department pursuant to this program shall supply, at a minimum, the following information: (a) The county’s perinatal statistics. (b) A description of current outreach, coordination, antismoking, antialcohol, antidrug, and other related program activities, including those funded through the Cigarette and Tobacco Products Surtax Fund, relating to indigent pregnant women and women of childbearing age in the county. (c) A description of the additional activities and services to be undertaken, and the number of women in each target subgroup which the county proposes to reach with these funds. (d) The proposed measures of success and a description of how the county’s overall effort, and this particular effort, will be evaluated. (Added by renumbering Section 349.103 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 127. Effective September 29, 1996.)
  142. 104564.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    Counties in this program must maintain specified outreach and care services, and they must involve local community organizations when developing and implementing the program. Patient advocates may arrange prenatal care for eligible pregnant women.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104564. A county participating in this program shall maintain the following services, supported by this program or from other sources, to the extent funds are available: (a) A coordinated and integrated system providing early outreach, pregnancy screening, patient advocacy, targeted case management, health education, and referral to drug and alcohol treatment and perinatal care services to pregnant women. (b) (1) A patient advocacy and education component that will reach women from all target populations at least six months prior to, and in the earliest stages of pregnancy, and provide information, health screenings, and assistance in obtaining appropriate services. (2) Patient advocates may arrange for prenatal care for eligible pregnant women. (c) In developing and implementing the program described in this section each county shall obtain the involvement and participation of local community organizations, including clinics and schools with special expertise in the provision of health education, perinatal care, and alcohol and drug treatment. (Added by renumbering Section 349.104 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 128. Effective September 29, 1996.)
  143. 104565.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    County perinatal program health education services must be part of the program and coordinated for pregnant and postpartum women.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104565. (a) Health education services shall be an integral part of each county’s program pursuant to Section 104564 to provide coordinated services to pregnant and postpartum women. (b) Services may be funded through the Unallocated Account in the Cigarette and Tobacco Surtax Fund for purposes of this chapter, including, but not limited to, all of the following: (1) Outreach. (2) Assessment of smoking status and exposure to secondhand smoke. (3) Development and implementation of an individualized strategy to prevent smoking and exposure to smoke during pregnancy and the postpartum period, including counseling and advocacy services, public health nursing services, provision of motivational messages, cessation services, nonmonetary incentives to maintain a healthy lifestyle, and other cessation or tobacco use prevention activities, including child care or transportation in conjunction with those activities. (4) Provision of followup, reassessment, maintenance, and relapse prevention services. (c) The services provided pursuant to this section shall expand and enhance the health education services provided under the comprehensive perinatal services program and shall be coordinated with other services provided to pregnant and postpartum women. (Added by renumbering Section 349.105 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 129. Effective September 29, 1996.)
  144. 104566.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    Funds from the Cigarette and Tobacco Products Surtax Fund may be combined with other funds if services to each person are documented and there is an auditable connection to services.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104566. Funds from the Cigarette and Tobacco Products Surtax Fund may be used in combination with funds from other sources if the services provided to each person are documented and there is an auditable connection to services. (Added by renumbering Section 349.106 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 130. Effective September 29, 1996.)
  145. 104567.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    The program must develop protocols, procedures, training materials, data collection formats, and reimbursement schedules where applicable for tobacco education for pregnant and postpartum women.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104567. The program shall develop protocols, procedures, instructional materials, inservice training, data collection formats and requirements, and reimbursement schedules where applicable for the provision of tobacco education to pregnant and postpartum women. (Added by renumbering Section 349.107 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 131. Effective September 29, 1996.)
  146. 104568.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    This section defines “outreach” for this chapter as coordinated local systems of care that provide pregnancy testing, risk screening, care coordination, referrals, transportation, child care, patient incentives, and continuous prenatal care support.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104568. For purposes of this chapter, “outreach” includes, but is not limited to, coordinated local systems of care-providing pregnancy testing, screening for risk factors, care coordination, referral to appropriate services, including, but not limited to, alcohol and drug treatment, transportation, child care, patient incentives, and assurance of continuous prenatal care including recruitment and retention of physicians. (Added by renumbering Section 349.108 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 132. Effective September 29, 1996.)
  147. 104569.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. )

    Verify source ↗

    Funds appropriated for this program for a fiscal year may be spent without being limited to that fiscal year.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1.5. Comprehensive Perinatal Outreach Program [104560 - 104569] ( Heading of Chapter 1.5 (now in Part 3 of Div. 103) relocated and renamed from Article 3.8 (of Chap. 2 of Part 1 of Div. 1) by Stats. 1996, Ch. 1023, Sec. 123. ) ## 104569. Funds appropriated for purposes of this program for a fiscal year shall be available for expenditure without regard to fiscal year. (Added by Stats. 1998, Ch. 310, Sec. 21. Effective August 19, 1998.)
  148. 104575.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This article is named the California Nutrition Monitoring Development Act of 1986 and may be cited by that title.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104575. This article shall be known and may be cited as the “California Nutrition Monitoring Development Act of 1986.” (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  149. 104580.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states the article’s purposes: to identify available nutrition-monitoring information, determine additional information needed, and assess whether a prototype state-local data system is feasible.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104580. The Legislature declares that the purposes of this article are to determine the availability and types of nutrition monitoring information that are currently available in specified federal, state and local government programs and in selected private sector programs; to determine what additional information is needed to help legislators, state and local agencies and nongovernment users, to operate cost-effective services and to target funds where most needed; and to assess the feasibility of establishing a prototype state-local data system that will provide regular reports on the: nutritional status and nutrition related health problems of California’s population, dietary intake and food consumption patterns, nutrition education information, including knowledge and attitude regarding nutrition, quality and healthfulness of the food supply, nutrition programs and service availability, including population served, service statistics, frequency and periodicity of data collection and types of reports, related socioeconomic factors, and on the state’s ability to provide for food and nutrition services where needed. (Amended by Stats. 1996, Ch. 1023, Sec. 304.7. Effective September 29, 1996.)
  150. 104585.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must assess existing state and local food and nutrition data systems, and it may require or request data from specified state entities and the University of California in limited cases.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104585. (a) The department shall assess the availability and adequacy of existing state and local food and nutrition data systems. All state departments and agencies that are required to provide data pursuant to this article are encouraged to participate to the fullest extent possible in all aspects of this program and to make their data available to counties upon request. (b) The state departments from which existing data shall be provided for project purposes shall include the State Departments of Public Health, Aging, Education, and Social Services. Upon request of the department, these departments shall provide existing nutrition-related data collection forms, documentation, and reports, including, but not limited to, the following programs: (1) In the Department of Aging: Congregate Nutrition Services, Home Delivered Nutrition Services, and the Brown Bag Network. (2) In the State Department of Education: National School Lunch Program, the National School Breakfast Program, the Child Care Food Program, the Special Milk Program, the Nutrition Education and Training Program, and the various commodities programs. (3) In the department: Special Supplemental Food Program for Women, Infants and Children (WIC), the Comprehensive Perinatal Care Program, the Genetics Disease Program, the Child Health and Disability Prevention Program, California Children’s Services, County Health Services, Primary Health Services Development, Indian Health Program, Medical Care Services (Medi-Cal), Adult Health, and Vital Statistics. (4) In the State Department of Social Services: CalFresh. (c) The department may require any other state agency, department, board, or commission, with the exception of the University of California, to provide existing nutrition-related data, as described in this article. The department may request the University of California to provide this data in the case of the University of California Cooperative Extension Program, the Home Economics Program, and the Expanded Food and Nutrition Education Program. Additionally, other programs in local government and the private sector, such as local public health and social services departments, food banks, pantries, and meal programs, voluntary health organizations, and charitable social service agencies shall be encouraged to provide available nutrition monitoring information. (Amended by Stats. 2011, Ch. 227, Sec. 11. (AB 1400) Effective January 1, 2012.)
  151. 104590.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must survey nutrition-data programs, assess data availability and needs, outline a prototype state-local nutrition monitoring process, and review existing systems for applicability.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104590. (a) The department shall conduct a survey of state agencies and of counterpart local and private sector programs which now collect or use nutrition data or both. The department shall determine user needs for and applications of data, the adequacy of existing data systems, the costs compared to benefits of collecting this information, and recommendations about future data needs. (b) The department shall assess the degree to which data is available to monitor the California Model Standards for Nutrition Services (guidelines for local health departments), the 1990 Nutrition Objectives for the Nation (national health priorities), the nutrition surveillance programs of the United States Centers for Disease Control (prenatal and pediatric surveillance and behavioral risk factors survey related to chronic diseases) and other similar public health objectives. (c) The department shall outline a process for developing a prototype state-local nutrition monitoring system. The prototype system shall be scientifically sound and, insofar as is practicable, compatible with those employed by the United States Department of Agriculture, the United States Department of Health and Human Services, the National Public Health Reporting System, and recommendations by other recognized authorities. The department shall review existing or proposed systems such as the Statewide Environmental and Evaluation Program System (SWEEPS) and the Nutrition Management Information and Surveillance System (Nutri-MISS) respectively for their applicability to this purpose. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  152. 104600.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department may contract for services under this article, using applicable state procedures, and any contractor must have demonstrated expertise in nutrition monitoring, epidemiology, nutrition program operations, and community organization.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. California Nutrition Monitoring Development Act [104575 - 104600] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104600. The department, using applicable state procedures, may contract for any of the services required by this article, in which case the contractor or contractors shall have demonstrated expertise in the fields of nutrition monitoring and epidemiology, nutrition program operations, and community organization. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  153. 104650.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. “5 A Day—For Better Health” Program [104650 - 104655] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must establish and implement a “5 A Day—For Better Health” program, if the available funds condition is met.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. “5 A Day—For Better Health” Program [104650 - 104655] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104650. (a) The department shall establish and implement, to the extent funds are available pursuant to subdivision (d) which are other than state general funds, a “5 A Day—For Better Health” program for the purpose of promoting public awareness of the need to increase the consumption of fruits and vegetables as part of a low-fat, high-fiber diet in order to improve health and prevent major chronic diseases, including diet-related cancers. (b) The department may promote the “5 A Day—For Better Health” program to the public through channels, including, but not limited to, print and electronic media, retail, grocers, schools, and other government programs. For purposes of this article, “public” includes, but is not limited to, the general adult population, adults with lower educational attainment, schoolage children and youth, and high-risk groups determined by the department. (c) The department may, at its sole discretion, contract with qualified organizations for general or specialized services to implement this article, including personnel, marketing, public relations, research, evaluation, and administration. (d) The department is encouraged to investigate all available funding sources, public and private, for the purposes of this article, including application for public and private grants. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  154. 104655.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. “5 A Day—For Better Health” Program [104650 - 104655] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

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    Contributions to this program are not prohibited for organizations and commissions subject to Division 22 of the Food and Agricultural Code.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. “5 A Day—For Better Health” Program [104650 - 104655] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104655. Notwithstanding any other provision of law, nothing shall operate to prohibit contributions to the program created pursuant to this article by organizations and commissions subject to Division 22 (commencing with Section 64001) of the Food and Agricultural Code. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  155. 104660.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    This section defines terms for the article and lets the Department expand, clarify, or subdivide the listed food categories by rule.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104660. The purpose of this article is to facilitate and support the creation of health promoting eating environments in California. For purposes of this article, the following definitions apply: (a) (1) “Category of food” means the following groups of food: (A) Fruits. (B) Vegetables. (C) Grains. (D) Cereals. (E) Beans, peas, and lentils. (F) Nuts, seeds, and soy products. (G) Beverages. (H) Dairy. (I) Seafood. (J) Poultry. (K) Meat. (L) Eggs. (M) Condiments. (N) Fats and oils. (O) Herbs and spices. (2) The department, by rule, may expand, clarify, or subdivide the groups of food enumerated in paragraph (1). (b) “Department” means the State Department of Public Health. (c) “Food” means all food and beverages intended for sale or to be served to school pupils on campus during the schoolday. (d) “Food product” means a finished product of food or beverage with a unique universal product code (UPC), other than food products reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.), and foods provided by the United States Department of Agriculture Foods in Schools program. (e) “Health promoting eating environments” means, in places where foods and beverages are served or sold, there are healthy, good quality, culturally appropriate, and affordable options. (f) “Local educational agency” means a school district, county office of education, or charter school. (g) “Public entity” means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state. (h) “School” means a high school, middle school, or elementary school, as those terms are defined in Section 49430 of the Education Code, or any public entity that purchases a food product to provide to pupils on campus during the schoolday in an elementary, middle, or high school. (i) “Schoolday” has the same meaning as in Section 49430 of the Education Code. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026.)
  156. 104661.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    This section defines “ultraprocessed food” (UPF) for this article and lists foods and ingredients that do or do not count.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104661. (a) (1) For purposes of this article, except as provided in subdivision (b), “ultraprocessed food” or “UPF” means any food or beverage that contains a substance described in paragraph (2) and either high amounts of saturated fat, sodium, or added sugar, as described in subparagraph (A) of paragraph (3), or a nonnutritive sweetener or other substance described in subparagraph (B) of paragraph (3). (2) (A) Except as specified in subparagraph (B), substances available in the United States Food and Drug Administration (FDA) Substances Added to Food database that are designated as having any of the following FDA-defined technical effects: (i) Surface-active agents, as defined in Section 170.3(o)(29) of Title 21 of the Code of Federal Regulations. (ii) Stabilizers and thickeners, as defined in Section 170.3(o)(28) of Title 21 of the Code of Federal Regulations. (iii) Propellants, aerating agents, and gases, as defined in Section 170.3(o)(25) of Title 21 of the Code of Federal Regulations. (iv) Colors and coloring adjuncts, as defined in Section 170.3(o)(4) of Title 21 of the Code of Federal Regulations. (v) Emulsifiers and emulsifier salts, as defined in Section 170.3(o)(8) of Title 21 of the Code of Federal Regulations. (vi) Flavoring agents and adjuvants, as defined in Section 170.3(o)(12) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations. (vii) Flavor enhancers, as defined in Section 170.3(o)(11) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations. (viii) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations. (B) Any of the following additives, or combination of these additives, shall not by themselves cause a food or beverage to be categorized as a UPF. (i) Salt or sodium chloride. (ii) Spices or other natural seasonings or flavorings, as listed in Section 182.10 of Title 21 of the Code of Federal Regulations. (iii) Natural color additives, as listed in Part 73 of Title 21 of the Code of Federal Regulations. (3) (A) High amounts of saturated fat, sodium, or added sugar, as defined respectively as follows: (i) The food or beverage contains 10 percent or greater of total energy from saturated fat. (ii) The food or beverage contains a ratio of milligrams of sodium to calories that is equal to or greater than 1:1. (iii) The food or beverage contains 10 percent or greater of total energy from added sugars. (B) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations, or any of the following substances: (i) D-sorbitol (CAS 50-70-4). (ii) Erythritol (CAS 149-32-6). (iii) Hydrogenated starch hydrolysates, including, but not limited to, CAS 68425-17-2. (iv) Sucralose (CAS 56038-13-2). (v) Isomalt, including, but not limited to, CAS 64519-82-0, CAS 534-73-6, and CAS 20942-99-8. (vi) Lactitol (CAS 585-86-4). (vii) Luo Han Fruit Concentrate (CAS 977188-77-4). (viii) Maltitol (CAS 585-88-6). (ix) Steviol glycosides, including, but not limited to, CAS 58543-16-1, CAS 57817-89-7, CAS 1220616-44-3, CAS 58543-16-1, and CAS 1220616-34-1. (x) Thaumatin, including, but not limited to, CAS 977178-03-2 and CAS 53850-34-3. (xi) Xylitol (CAS 87-99-0). (b) “Ultraprocessed food” or “UPF” does not include any of the following: (1) Commodity food specifically made available by the United States Department of Agriculture. (2) A raw agricultural commodity as defined in Section 110020. (3) An unprocessed locally grown or locally raised agricultural product as defined in paragraph (2) of subdivision (g) of Section 210.21 of Title 7 of the Code of Federal Regulations. (4) Minimally processed prepared food as defined in paragraph (4) of subdivision (a) of Section 49015 of the Food and Agricultural Code, which may include foods in a variety of forms, including, but not limited to, whole, cut, sliced, diced, canned, pureed, dried, and pasteurized. (5) Class 1 milk as defined in Section 61932 of the Food and Agricultural Code. (6) Alcoholic beverages as defined in Section 23004 of the Business and Professions Code. (7) Medical foods, as defined in Section 101.9(j)(8) of Title 21 of the Code of Federal Regulations, only if exempted by the department by regulation. (8) Infant formula, as defined in Section 107 of Title 21 of the Code of Federal Regions, only if exempted by the department by regulation. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026.)
  157. 104662.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    The department must adopt and later review regulations that define “ultraprocessed foods of concern” and “restricted school foods,” and it may delay changes that would add foods to those lists.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104662. (a) For purposes of this article, the following definitions apply: (1) “Restricted school foods” means a food or beverage product that is not listed in subdivision (b) of Section 104661, that contains one or more of the substances specified in paragraph (2) of subdivision (a) of Section 104661, and that is restricted from service or sale in schools, as defined by the regulations adopted by the department consistent with this section. (2) “Ultraprocessed food of concern” or “UPF of concern” means a food or food product that is an ultraprocessed food, as defined in Section 104661, that is of concern, as determined by regulations adopted by the department consistent with this section. (b) (1) On or before June 1, 2028, the department shall adopt regulations to define ultraprocessed foods of concern and restricted school foods that consider all of the following factors: (A) Whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences. (B) Whether the products include or require a warning label in other state, federal, or international jurisdictions due to concerns about adverse health consequences. (C) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences, including, but not limited to, any of the following: (i) Cancer. (ii) Cardiovascular disease. (iii) Metabolic disease. (iv) Developmental or behavioral issues. (v) Reproductive harm. (vi) Obesity. (vii) Type 2 diabetes. (viii) Other health harms associated with UPF consumption. (D) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances may be hyperpalatable, or may contribute to food addiction. (E) Whether the food has been modified to be high in saturated fat, added sugar, or salt. (F) Whether the food meets the requirements of the United States Food and Drug Administration’s final rule issued on December 27, 2024, titled “Food Labeling: Nutrient Content Claims; Definition of Term ‘Healthy’” that defines nutrient contents that are deemed to be a part of a nutritious diet. (G) Whether the substance is a common natural additive. (2) For purposes of paragraph (1), the department shall be guided by a rigorous examination of available reputable peer-reviewed scientific evidence and shall consider all of the following: (A) The total number of jurisdictions where the substance or product is banned, restricted, or requires a warning label. (B) The basis for any determination by another jurisdiction to ban, restrict, or require a warning label for any substance or product. (C) The quality, caliber, and scope of any scientific evidence to any above determination, including a rigorous examination of whether such evidence is the product of scientific research conducted according to internationally recognized best practices for scientific research. (D) Any reputable peer-reviewed scientific evidence that would call into question any determination that a substance is linked to health harms or adverse health consequences. (c) (1) The department shall review regulations and, as needed, update the definitions of ultraprocessed food of concern and restricted school foods every five years to accommodate any relevant advances in scientific knowledge, the development of better agricultural or manufacturing practices, or other changes that require revision of either or both of the definitions. If an update to either or both of those definitions would add a food product to the list of restricted school foods or ultraprocessed foods of concern, the department shall delay the operation of the revised definition by three years to give impacted entities time to comply with the new definition’s impact on the legal requirements of this article. (2) The department shall adopt and revise regulations pursuant to this section in consultation with the Office of Environmental Health Hazard Assessment; the State Department of Education; the Department of Food and Agriculture; the University of California; school food authorities, school nutrition program directors, and school nutrition program managers, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations; and other state agencies that the department deems appropriate, after providing an opportunity for all interested parties to comment. (3) The department may seek information from academia, other states, the federal government, and other nations to inform implementation of this section. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026.)
  158. 104664.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    Schools must start phasing out restricted school foods and ultraprocessed foods of concern by July 1, 2029, and vendors must not offer those foods to a school starting July 1, 2032.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104664. (a) By no later than July 1, 2029, a school shall begin to phase out restricted school foods and ultraprocessed foods of concern. (b) Beginning July 1, 2032, a vendor shall not offer restricted school foods or ultraprocessed foods of concern to a school. (c) The failure of a school, local educational agency, or vendor to comply with this section does not create a private right of action. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026.)
  159. 104665.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    Food vendors selling to schools must report specified product information to the department on a set yearly schedule, unless a listed exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104665. (a) On or before February 1, 2028, and on or before February 1 of each year thereafter through February 1, 2032, any vendor of food or food products to a school shall report the following information to the department for each food product sold to a school in the past calendar year, to the extent it is known to the vendor: (1) The total quantity of that food product sold to schools. (2) The name of the food product. (3) Whether the food product is an ultraprocessed food. (4) Whether the food product is a restricted school food or an ultraprocessed food of concern. (5) The category or categories of food to which the food product belongs. (6) The average total calories in each food product sold to schools that year. (7) The ingredient list of the food product. (8) The nutritional facts of the food product. (b) The requirements of subdivision (a) do not apply to: (1) A cottage food operation that is registered or has a permit pursuant to Section 114365. (2) A microenterprise home kitchen, as defined in Section 113825. (3) A small business, as defined under Section 14837 of the Government Code. (c) The failure of a vendor to comply with this section does not create a private right of action. (d) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026. Inoperative July 1, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.)
  160. 104665.05.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    The department must submit annual written reports on ultraprocessed and restricted school foods to the Legislature, send the report to the Governor each year, and post it on its website.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104665.05. (a) On or before July 1, 2028, and on or before July 1 of each year thereafter through July 1, 2032, the department, in consultation with the State Department of Education and using information reported pursuant to Section 104665, shall submit to the Legislature a written report containing all of the following information: (1) A summary and analysis of information reported pursuant to Section 104665 for the prior year. (2) A summary and analysis of the progress of the restricted school foods and ultraprocessed foods of concern phaseout required by this article. (3) Estimates of the amount of foods that are not ultraprocessed food items and are sold or served to pupils on campus during the schoolday in elementary, middle, and high schools. (4) Estimates of the portion of the average elementary school, middle school, and high school student’s school food intake, in calories, that is composed of ultraprocessed foods. (5) A strategy for reducing the consumption of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools. (6) Analysis of the feasibility of reducing the sale or service of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools. (7) Any actions the department or the State Department of Education plans to take regarding restricted school foods and ultraprocessed foods of concern. (8) Recommendations for state and local legislative actions that could reduce the consumption of restricted school foods and ultraprocessed foods of concern in schools. (b) A report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (c) The department shall annually submit the report prepared pursuant to subdivision (a) to the Governor. (d) The department shall make the report prepared pursuant to subdivision (a) publicly available on its internet website. This section shall become inoperative on August 1, 2033, and, as of January 1, 2034, is repealed. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026. Inoperative August 1, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.)
  161. 104666.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    A public entity may voluntarily adopt stricter limits on ultraprocessed foods, restricted school foods, or ultraprocessed foods of concern.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104666. This article does not prohibit a public entity from voluntarily enacting more stringent restrictions on ultraprocessed foods, restricted school foods, or ultraprocessed foods of concern. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026.)
  162. 104667.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. )

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    The department must consult with the State Department of Education, set up a structure for training and technical assistance, and identify training topics through a periodic survey of local educational agencies.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Nutrition [104575 - 104667] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Eating for Health [104660 - 104667] ( Article 3 added by Stats. 2025, Ch. 467, Sec. 8. ) ## 104667. (a) For purposes of this article, the department shall consult with the State Department of Education regarding compliance training and technical assistance for school food service and procurement staff. (b) The department shall establish a structure to deliver training and technical assistance to local educational agencies. (c) The department may contract with providers with expertise in nutrition, school-community collaboration of service delivery and financing, and coordination and integration of support services to deliver training and technical assistance to implement this article. (d) The topics for training shall be identified by the department through a periodic survey of local educational agencies. The curriculum for the training provided under this section may be developed in consultation with representatives from associations, consumer associations, and others, as deemed appropriate by the department. (Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026.)
  163. 104750.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must maintain a dental program and carry out listed support activities.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104750. The department shall maintain a dental program including, but not limited to, the following: (a) Development of comprehensive dental health plans within the framework of the State Plan for Health to maximize utilization of all resources. (b) Provide the consultation necessary to coordinate federal, state, county, and city agency programs concerned with dental health. (c) Encourage, support, and augment the efforts of city and county health departments in the implementation of a dental health component in their program plans. (d) Provide evaluation of these programs in terms of preventive services. (e) Provide consultation and program information to the health professions, health professional educational institutions, and volunteer agencies. (f) For purposes of this article “State Plan for Health” means that comprehensive state plan for health being developed by the department pursuant to Public Law 89-749 (80 Stat. 1180). (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  164. 104751.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Office of Oral Health must support CBCE rotations for final-year dental students and dental residents, and must prepare a report for the Legislature by July 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104751. (a) The Office of Oral Health, in consultation with the Dental Board of California, the California Dental Association, California dental schools, and other stakeholders, shall support the establishment of community-based clinical education (CBCE) rotations for dental students in their final year or dental residents. (b) To implement this provision, the Office of Oral Health may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. 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 and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (c) Eligible community clinical settings include, but are not limited to, federally qualified health centers (FQHCs), private dental offices, and mobile dentistry, and shall be located in a designated dental health professional shortage area (DHPSA). (d) The Office of Oral Health shall compile data and prepare a report to be submitted to the Legislature on or before July 1, 2027, on all of the following desired outcomes: (1) The number of underserved children and adults served by students and residents. (2) The total number of student and resident trainees. (3) The number of and types of community-based preventative and treatment procedures provided by students. (4) The proportion of graduating dental students and residents rotating in CBCE sites who express interest in working in a DHPSA. (5) The proportion of graduating dental students with CBCE training who will be recruited to FQHCs or other rural and community health clinics through state loan repayment programs, including the Proposition 56 Medi-Cal Physicians and Dentists Loan Repayment Act Program. (e) This section shall remain in effect only until June 30, 2029, and as of that date is repealed. (Added by Stats. 2024, Ch. 40, Sec. 16. (SB 159) Effective June 29, 2024. Repealed as of June 30, 2029, by its own provisions.)
  165. 104755.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The director must appoint a California-licensed dentist to administer the dental program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104755. The director shall appoint a dentist licensed in the State of California to administer the dental program. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  166. 104760.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section says the department is not authorized to compel dental examinations or services.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104760. Nothing in this article authorizes the department to compel dental examinations or services. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  167. 104762.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    In certain public health settings or programs, any person may apply topical fluoride, including fluoride varnish, to the teeth of people being served there if it follows a physician’s or dentist’s prescription and protocol.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104762. Within a public health setting or a public health program that is created or administered by a federal, state, or local governmental entity, any person may apply topical fluoride, including fluoride varnish to the teeth of individuals who are being served in that setting or program, according to the prescription and protocol issued and established by a physician or dentist. (Added by Stats. 2009, Ch. 119, Sec. 2. (AB 667) Effective January 1, 2010.)
  168. 104765.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department may receive financial aid for the dental program, and the division must use those funds to carry out this article.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. State Oral Health Program [104750 - 104765] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104765. The department shall have the power to receive for the dental program any financial aid granted by any private, federal, state, district, or local or other grant or source, and the division shall use such funds to carry out the provisions and purposes of this article. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  169. 104770.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states its intent to create preventive dental programs for children in preschool through sixth grade and in classes for individuals with exceptional needs.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104770. The Legislature finds that 95 percent of all children in California have dental disease in the form of dental caries and periodontal disease. Dental disease in childhood can and does result in significant lifetime disability, dental pain, missing teeth, time lost from school and work, and the need for dentures. Poor nutrition in childhood is a major contributing factor in lifetime dental disability. The cost of treating the results of dental disease is close to two billion dollars ($2,000,000,000) per year in California, of which approximately one hundred million dollars ($100,000,000) is paid by the State of California for Denti-Cal treatment costs alone. The Legislature also finds that dental disease in children and the resultant abnormalities in adults can be prevented by education and treatment programs for children. It is the intent of the Legislature in enacting this article to establish for children in preschool through sixth grade, and in classes for individuals with exceptional needs, preventive dental programs which shall be financed and have standards established at the state level and which shall be operated at the local level. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  170. 104775.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    A local sponsor may offer a community dental disease prevention program for certain schoolchildren, but the program must include dental education and preventive services and may not include dental restoration, orthodontics, or tooth extraction.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104775. A community dental disease prevention program may be offered to school children in preschool through sixth grade, and in classes for individuals with exceptional needs, by a local sponsor. A local sponsor may be a city or county health department, county office of education, superintendent of schools office, school district or other public or private nonprofit agency approved by the department. The program shall include, but not be limited to, the following: (a) Educational programs, focused on development of personal practices by pupils, that promote dental health. Emphasis shall include, but not be limited to, causes and prevention of dental diseases, nutrition and dental health, and the need for regular dental examination with appropriate repair of existing defects. (b) Preventive services including, but not limited to, ongoing plaque control, dental sealants, and supervised application of topical prophylactic agents for caries prevention, in accordance with this article or other preventive agents approved by the department. Services shall not include dental restoration, orthodontics, or extraction of teeth. Any acts performed, or services provided, under this article constituting the practice of dentistry shall be performed or provided by, or be subject to the supervision of, a licensed dentist in accordance with Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code. (Amended by Stats. 2000, Ch. 93, Sec. 26. Effective July 7, 2000.)
  171. 104780.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    A local sponsor must designate an advisory board for certain dental health programs, and the board must hold public meetings at least twice a year.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104780. An advisory board, including representatives from education, dental professions, and parent groups shall be designated by the local sponsor to advise on dental health programs funded under this article. The use of existing advisory bodies is encouraged. The board shall hold public meetings at least twice a year after appropriate notification in order that interested parties may provide input regarding the dental health needs of the community. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  172. 104785.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must determine the minimum standards for the community dental disease prevention program, and it may revise them periodically when needed.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104785. The minimal standards of the community dental disease prevention program shall be determined by the department in accordance with the purposes of this article, and may be revised periodically as deemed necessary by the department to further the purposes of this article. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  173. 104790.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Local health officers participating in the community dental disease prevention program must submit an annual proposal to the department, with required implementation and reporting details.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104790. The local health officer of each local health department interested in participating in the community dental disease prevention program, or his or her designee, in cooperation with the appropriate education personnel and the local advisory board, shall submit a proposal for the program to the department annually. The proposal shall include the methods by which the program will be implemented in each jurisdiction and program results reported. However, this function shall be the responsibility of the department for all counties that contract with the state for health services under Section 101300. These contract counties, at the option of the board of supervisors, may provide services pursuant to this article in the same manner as other county programs, provided the option is exercised six months prior to the beginning of each fiscal year. If the local health officer elects not to submit a program proposal, the department may solicit program proposals from other public or private nonprofit agencies and contract directly with the agencies. These proposals shall meet the same requirements as specified for local health officers in this section. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  174. 104795.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must review program proposals, approve programs that meet the Section 104785 criteria, and reimburse local sponsors with approved programs at $10 per participating child per year through contractual arrangements.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104795. The department shall review the program proposals and approve programs that meet criteria established pursuant to Section 104785. The department shall, commencing July 1, 2000, through contractual arrangements, reimburse local sponsors with approved programs at an amount of ten dollars ($10.00), per participating child per year for administration and services, pursuant to Section 104775. (Amended by Stats. 2000, Ch. 93, Sec. 27. Effective July 7, 2000.)
  175. 104800.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The local health officer or other sponsor may use or contract with local public and private nonprofit agencies, school districts, and county superintendents of schools to conduct the program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104800. The local health officer or other sponsor may utilize or contract with, or both utilize and contract with, other local public and private nonprofit agencies, as well as school districts and county superintendents of schools, in conducting the program. The Legislature recognizes that these agencies, districts, and schools are currently engaged in a limited number of dental disease prevention projects and it is the intent of the Legislature that this participation be continued. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  176. 104805.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The State Department of Education must assist the department with developing and evaluating dental health and dental disease prevention education programs.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104805. The State Department of Education shall assist the department in developing and evaluating educational programs in dental health and dental disease prevention. These programs may include, but are not limited to, teacher and program coordinator in-service workshops, development and review of appropriate educational materials, and evaluation of classroom dental health education presentations. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  177. 104810.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Participating school districts and private schools must cooperate with the program sponsor, and participating schools must keep participation records and related materials. Schools are not required to join the program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104810. It shall be the responsibility of the governing board of each school district participating in the program and the governing authority of each private school participating in the program to cooperate with the local sponsor administering the community dental disease prevention program in carrying out the program in any school under their jurisdiction. Each participating school shall maintain participation records for each child and the necessary educational materials and supplies for plaque control and other required dental disease prevention methods provided by the program. Nothing in this article shall require participation by a public or private school in a program established pursuant to this article. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  178. 104815.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    A child may not receive a preventive agent in a program under this article unless the child’s parent or guardian gives written notice to the school governing body.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104815. No child shall receive a preventive agent as part of a program established pursuant to this article unless the child’s parent or guardian has given written notice to the governing body of the public or private school that the child may receive a preventive agent. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  179. 104820.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The dental disease prevention program must be funded through customary budget procedures and can be implemented only after the Legislature appropriates funds.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104820. The dental disease prevention program established by this article shall be funded according to customary budget procedures and shall only be implemented upon appropriation of funds by the Legislature. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 11. Effective July 28, 2009.)
  180. 104825.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states that this program should be put into effect in the areas of greatest identified need, as determined by the department and in cooperation with the State Department of Education.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 3. Dental Disease Prevention Programs [104770 - 104825] ( Article 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104825. It is the intent of the Legislature that the program established by this article shall be placed in effect in the areas of greatest identified need as determined by the department, in cooperation with the State Department of Education. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  181. 104830.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Public and private elementary and secondary schools must give pupils the chance to receive topical fluoride or another decay-inhibiting treatment during the school year, except for community college pupils.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104830. Pupils of public and private elementary and secondary schools, except pupils of community colleges, shall be provided the opportunity to receive within the school year the topical application of fluoride, including fluoride varnish, or other decay-inhibiting agent to the teeth in the manner approved by the department. The program of topical application shall be under the general direction of a dentist licensed in the state. Topical application of fluoride may include, according to the prescription and protocol established by the dentist, self-application or application by another person. (Amended by Stats. 2009, Ch. 119, Sec. 3. (AB 667) Effective January 1, 2010.)
  182. 104835.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Treatment under this article must be documented in writing on a department-prescribed form, and a copy of the record must be provided to the child’s parent or guardian, or to the adult patient.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104835. Treatment as specified in this article shall be evidenced by a written record made on a form prescribed by the department. A copy of the record shall be given to the parent or guardian of the child, or if the person receiving the treatment is an adult, the copy shall be given to him or her. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  183. 104840.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Each county health officer must run a program that makes treatment available to the people covered by Section 104830 and decide how the program’s costs are recovered.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104840. The county health officer of each county shall organize and operate a program so that treatment is made available to all persons specified in Section 104830. He shall also determine how the cost of such a program is to be recovered. To the extent that the cost to the county is in excess of that sum recovered from persons treated, the cost shall be paid by the county in the same manner as other expenses of the county are paid. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  184. 104845.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    School district boards and private school authorities must cooperate with the county health officer on the program; school district boards may also use district funds, property, and personnel for that purpose.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104845. The governing board of each school district and the governing authority of each private school shall cooperate with the county health officer in carrying out the program in any school under its jurisdiction. The governing board of any school district may use any funds, property, and personnel of the district for that purpose. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  185. 104850.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Treatment may be provided only after the required school letter is filed stating that the treatment is desired.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104850. Treatment shall be provided for a person only if the parent or guardian or responsible relative or adult who has assumed responsibility for his or her care and custody (in the case of a minor), or the person (if an adult), files with the governing board of the school district or the governing authority of the private school, as the case may be, a letter provided by the district or authority pursuant to Section 104855, stating that such treatment is desired. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  186. 104855.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    School districts and private schools must distribute a letter to a pupil’s parent, guardian, responsible relative, or the pupil, allowing the recipient to indicate whether the treatment is desired.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104855. The governing board of each school district and the governing authority of each private school shall distribute to each pupil’s parent or guardian or responsible relative or adult who has assumed responsibility for his or her care and custody (in the case of a minor), or the pupil (if an adult), a letter which may be returned to such district or authority in which the person to receive the letter may indicate that the treatment is desired and the pupil is to receive the treatment or that the pupil is not to receive the treatment for one of the following reasons: (i) the pupil has received the treatment from a dentist, or (ii) the treatment is not desired. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  187. 104860.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

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

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104860. The department shall adopt and enforce all regulations necessary to carry out this article. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  188. 104865.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states an intent to support topical fluoride or other decay-inhibiting treatment for school pupils in the state, and to keep adequate treatment records.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Oral Health [104750 - 104865] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 4. Topical Dental Decay Inhibitors [104830 - 104865] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104865. In enacting this article, it is the intent of the Legislature to provide a means for the eventual achievement of the topical application of fluoride or other decay-inhibiting agent to the teeth of all school pupils in this state. However, it is understood that this treatment is not a substitute for regular professional dental care. This article is designed to provide for the keeping of adequate records of treatment so that appropriate public agencies and the persons treated will be able to ascertain that a person has been so treated. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  189. 104875.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must run a public and professional information campaign on diethylstilbestrol.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104875. For purposes of identifying persons who have been exposed to the potential hazards of diethylstilbestrol while pregnant or prenatally and of educating the public concerning the findings and early detection of associated malignancies and other abnormalities, the department shall establish, promote, and maintain a public and professional information campaign on diethylstilbestrol. The campaign shall be conducted throughout the state and shall include, but not be limited to, a concerted effort at reaching those persons or the offspring of persons who have been exposed to diethylstilbestrol while pregnant or prenatally in order to encourage them to seek medical care for screening, early detection, or treatment and follow-up of any diethylstilbestrol-related condition. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  190. 104880.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must identify at least one screening and follow-up program for each health service area for people exposed to diethylstilbestrol, and must consider provider standards, location, and screening capacity when doing so.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104880. The department shall identify at least one program for screening and follow-up care for each health service area for purposes of referral of persons exposed to diethylstilbestrol while pregnant or prenatally. The department shall consider the provider’s compliance with state- and federally-mandated standards, the location in relation to the geographical distribution of persons exposed to diethylstilbestrol, and the capacity of the provider to properly screen for breast cancer, vaginal cancer, cervical cancer, vaginal adenosis, and any other malignancy and abnormal conditions resulting from exposure to diethylstilbestrol. The department shall designate existing facilities presently serving the diethylstilbestrol-exposed population as screening programs pursuant to this section. However, if existing facilities are not available, training for screening and follow-up may be offered to the personnel in existing facilities and clinics. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  191. 104885.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department may request assistance and data from other state or local public bodies, and those bodies must provide it. The department may also make service contracts with private agencies or concerns.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104885. The department may request and shall receive from any department, division, board, bureau, commission, or agency of the state or of any political subdivision thereof such assistance and data as will enable it to properly carry out its activities and effectuate the purposes set forth in this chapter. The department may also enter into any contract for services as it deems necessary with a private agency or concern upon such terms and conditions as it deems appropriate. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  192. 104890.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must give the Legislature information about the diethylstilbestrol program by December 1, 1982.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104890. The department shall present to the Legislature, on or before December 1, 1982, information on the diethylstilbestrol program. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  193. 104895.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states that funding for this program in later fiscal years should go through the normal budget process.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3. RISK REDUCTION [104350 - 104895] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Diethylstilbesterol (DES) [104875 - 104895] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104895. It is the intention of the Legislature in enacting this chapter that funding for this program in subsequent fiscal years be through the normal budgetary process. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  194. 104896.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. )

    Verify source ↗

    This section defines terms used in Part 3.5 of the Health and Safety Code’s Tobacco Settlement Fund provisions.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. ) ## 104896. (a) As used in this part, the following definitions shall apply: (1) “Fund” means the Tobacco Settlement Fund. (2) “Master Settlement Agreement” means the settlement agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. (3) “State’s share of funds” means that portion of payments received from the Master Settlement Agreement designated for use by the state and shall not include those funds designated for distribution to the counties or other local jurisdictions. (b) Nothing in this part is intended to limit expenditures for programs to the amount provided by the fund. (Added by Stats. 2001, Ch. 171, Sec. 10. Effective August 10, 2001.)
  195. 104897.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. )

    Verify source ↗

    This section establishes the Tobacco Settlement Fund in the State Treasury and requires specified Master Settlement Agreement funds to be deposited into it.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. ) ## 104897. (a) There is hereby established in the State Treasury the Tobacco Settlement Fund. (b) In the 2001–02 fiscal year, four hundred one million nine hundred ninety-two thousand dollars ($401,992,000) of the state’s share of funds received pursuant to the Master Settlement Agreement shall be deposited in the fund. (c) Except as provided in Article 7 (commencing with Section 63049) of Chapter 2 of Division 1 of Title 6.7 of the Government Code, commencing July 1, 2002, the total amount of the state’s share of moneys received pursuant to the Master Settlement Agreement shall be deposited in the fund. (Amended by Stats. 2002, Ch. 414, Sec. 3. Effective January 1, 2003.)
  196. 104898.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. )

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    The Legislature must make annual appropriations to distribute Tobacco Settlement Fund money, consistent with this part.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. ) ## 104898. (a) Distribution of moneys from the fund shall be made by annual appropriation of the Legislature consistent with the requirements of this part. (b) Moneys appropriated from the fund shall be used for health purposes, including all of the following: (1) Health care expansions in the Medi-Cal program, Healthy Families Program, and other state programs. (2) Health care education and outreach, including, but not limited to, efforts to help reduce the use of tobacco products. (3) Smoking cessation services. (4) Enforcement of tobacco-related statutes. (5) Expansions to primary care and other state-funded clinics that serve low-income, uninsured, or underinsured Californians. (Added by Stats. 2001, Ch. 171, Sec. 10. Effective August 10, 2001.)
  197. 104898.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. )

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    Each year, up to $100 million is transferred from the General Fund to the Tobacco Settlement Fund as a loan, and the loan must be repaid by June 30 without interest.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. ) ## 104898.5. (a) Notwithstanding any other provision of law, there shall be transferred annually from the General Fund to the Tobacco Settlement Fund an amount, not to exceed one hundred million dollars ($100,000,000) out of funds not otherwise appropriated, as a loan to cover appropriations from the fund when moneys from the Master Settlement Agreement have not been received by the state. (b) This loan from the General Fund shall be repaid on or before June 30 of each year, without interest, from the funds received pursuant to the Master Settlement Agreement. (Amended by Stats. 2003, Ch. 230, Sec. 9. Effective August 11, 2003.)
  198. 104899.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. )

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    Revenue from the Tobacco Settlement Fund is treated as General Fund revenue, but only for specified certification purposes.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 3.5. TOBACCO SETTLEMENT FUND [104896 - 104899] ( Part 3.5 added by Stats. 2001, Ch. 171, Sec. 10. ) ## 104899. Revenue accruing to the Tobacco Settlement Fund pursuant to this part shall be deemed revenue to the General Fund solely for the purpose of certifications of General Fund revenue for purposes of subdivision (e) of Section 12306.1 of the Welfare and Institutions Code with respect to in-home supportive services program and Section 10754 of the Revenue and Taxation Code with respect to vehicle license fees. (Added by Stats. 2001, Ch. 171, Sec. 10. Effective August 10, 2001.)
  199. 104905.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Aging [104905 - 104920] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The department must provide staff and budgetary support for older-adult health promotion and preventive health services.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Aging [104905 - 104920] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104905. The department shall provide staff and budgetary support for planning, evaluation, education, research design, funding, and medical leadership for health promotion and preventive health services for older adults. For purposes of this section, “older adults” means persons 55 years of age or older. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  200. 104910.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Aging [104905 - 104920] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The California Commission on Aging must allocate a limited share of community grant funds to test mobile medical services units for outpatient medical care for older adults.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Aging [104905 - 104920] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104910. The California Commission on Aging shall allocate 5 percent of community grant funds pursuant to Title III of the Older Americans Act of 1965, as amended, (P.L. 89-73; 79 Stat. 218) or forty thousand dollars ($40,000), whichever is the lesser amount, to experiment with the use of available mobile medical services units to provide outpatient medical care for the aging. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)

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