Health and Safety Code — Part 43 | HSC — United States — California law | Esheria

Health and Safety Code

Part 43 of 87 · provisions 8,401–8,600

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. 1599.76.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts for long-term health care facilities may not list involuntary transfer or discharge grounds unless those grounds are specifically allowed by federal or state law, and Medi-Cal facilities must state that residents cannot be transferred or evicted just for switching from private pay or Medicare to Medi-Cal.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.76. (a) No contract of admission shall list any ground for involuntary transfer or discharge of the resident except those grounds which are specifically enumerated in either federal or state law. (b) Every contract of admission to a long-term health care facility that participates in the Medi-Cal program shall state that the facility may not transfer or seek to evict any resident solely as a result of the resident changing his or her manner of purchasing the services from private payment or Medicare to Medi-Cal. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  2. 1599.77.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts may mention only material or fraudulent financial misrepresentation as grounds for discharge, and residents may complain to the Ombudsman, the department, or both about a discharge notice based on that misrepresentation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.77. With respect to transfer or eviction of a resident pursuant to Section 1439.7: (a) Contracts of admission shall speak only of “material” or “fraudulent” misrepresentation of finances as possible grounds for discharge under that section. (b) All contracts of admission shall state that the resident may file a complaint with the Office of the State Long-Term Care Ombudsman, or the department, or both, regarding any notice of discharge for material or fraudulent misrepresentation. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  3. 1599.78.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    A long-term health care facility’s admission contract must say that residents generally cannot be involuntarily transferred or discharged except in an emergency, and the facility must promptly notify the State Long-Term Care Ombudsman of any involuntary discharge.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.78. (a) A contract of admission shall state that, except in an emergency, a resident may not be involuntarily transferred or discharged from a long-term health care facility unless the resident and, if applicable, the resident’s representative, are given reasonable notice in writing and transfer or discharge planning as required by law. The written notice shall meet both of the following conditions: (1) The notice shall state the reason for the transfer or discharge. (2) The notice shall include the following statement: “At the time of admission, this facility is an enrolled provider with the following: ____ Medi-Cal ____ Medicare. If we participate in Medi-Cal, you will not be discharged from the facility or transferred within the facility, solely as a result of changing your manner of purchasing the services from private payment or Medicare to Medi-Cal, except for a potential transfer within the facility from a private room to a semiprivate room. If we participate in Medi-Cal, you may be eligible for the Long-Term Care Medi-Cal program to help pay for your stay in the facility. For more information, refer to the attached notice DHCS 7077, Notice Regarding Standards for Medi-Cal Eligibility, from the State Department of Health Care Services. Medi-Cal, Medicare, or a private payor may require that the resident pay a copayment, coinsurance, or a deductible, all of which the facility considers to be the resident’s share of cost.” (b) The facility shall promptly notify the Office of the State Long-Term Care Ombudsman in every case of involuntary discharge as specified in Section 1439.7. (c) The provisions of this section are intended to be consistent with federal law and regulations. (Amended by Stats. 2024, Ch. 339, Sec. 2. (SB 1354) Effective January 1, 2025.)
  4. 1599.79.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Long-term health care facility admission contracts must provide bedhold-related protections and notices when a resident is transferred to an acute care hospital.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.79. Every contract of admission shall meet the requirements of Section 72520 of Title 22 of the California Administrative Code, which requires that the facility offer to hold a bed for the resident in the event the resident must be transferred to an acute care hospital for seven days or less. The facility shall also give the resident, or a representative for the resident, notice of the rights to a bedhold at the time of transfer. The resident or representative for the resident has 24 hours from receipt of notice to request the bedhold. The contract of admission shall state that the facility shall offer the next available appropriate bed to the resident in the event the facility fails to follow this required procedure. The facility shall inform the resident that Medi-Cal will pay for up to seven bedhold days. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  5. 1599.80.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Facilities that want to photograph a resident for non-identification, non-health-care purposes must get the resident’s permission and use a separate document.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.80. Facilities that wish to photograph a resident for other than staff identification or health care purposes shall obtain permission from the resident whether for one photograph or for multiple photographs for one particular purpose on a document separate from the admission contract as a whole. This document shall describe the specific use to be made of the photograph and indicate that the photograph will be used only for that purpose. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  6. 1599.81.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    Admission contracts with arbitration clauses must say arbitration is not required for treatment or facility admission, use a separate arbitration form, and include specific notices and separate signatures.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.81. (a) All contracts of admission that contain an arbitration clause shall clearly indicate that agreement to arbitration is not a precondition for medical treatment or for admission to the facility. (b) All arbitration clauses shall be included on a form separate from the rest of the admission contract. This attachment shall contain space for the signature of any applicant who agrees to arbitration of disputes. (c) On the attachments, clauses referring to arbitration of medical malpractice claims, as provided for under Section 1295 of the Code of Civil Procedure, shall be clearly separated from other arbitration clauses, and separate signatures shall be required for each clause. (d) In the event the contract contains an arbitration clause, the contract attachment pertaining to arbitration shall contain notice that under Section 1430, the patient may not waive his or her ability to sue for violation of the Patient’s Bill of Rights. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  7. 1599.82.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    An admission contract may not include a clause that changes the statutory time limit for filing an action against a facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.82. No contract of admission shall include a clause that purports to alter the statutory period for filing an action against a facility. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  8. 1599.83.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    If an admission contract includes an attorney-fee clause, the prevailing party in disputes arising from that contract is entitled to attorney’s fees.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.83. If a provision for the payment of attorney’s fees is included in the admission contract, it shall state that in disputes arising from the admission contract, the prevailing party shall be entitled to attorney’s fees. (Added by Stats. 1987, Ch. 625, Sec. 1.)
  9. 1599.84.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. )

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    This section applies to new admissions to skilled nursing and intermediate care facilities. It does not require new admission agreements for residents already living there before the chapter took effect, but they must be given notice of changes to admission contracts.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.93. Admission Contracts for Long-Term Health Care Facilities [1599.60 - 1599.84] ( Heading of Chapter 3.93 renumbered from Chapter 3.95 (as added by Stats. 1987, Ch. 625) by Stats. 1990, Ch. 216, Sec. 57. ) ## 1599.84. This chapter applies to new admissions to skilled nursing and intermediate care facilities on and after January 1, 1988. This chapter shall not be construed to require the execution of new admission agreements for patients who were residing in those facilities prior to the enactment of this chapter. However, those patients shall be given notice of changes in admission contracts pursuant to this chapter. (Amended by Stats. 1988, Ch. 160, Sec. 98.)
  10. 1599.85.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. )

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    Long-term health care facilities must display a specific notice on admission contracts and consumer-facing advertisements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. ) ## 1599.85. Long-term health care facilities must prominently and clearly display the following notice on all contracts of admission, and all advertisements used to solicit consumers to enter into contracts of admission: “For more information about our facility, you may call the State Ombudsman’s Office at (insert toll-free number).” (Added November 8, 1988, by initiative Proposition 105. Operative January 1, 1990. Invalidated in 1991 by court decision.)
  11. 1599.86.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. )

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    This section defines “contract of admission” to include documents that a resident or representative must sign for admission to a long-term care health facility.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. ) ## 1599.86. “Contract of admission,” as used in this chapter, includes all documents which a resident or his or her representative must sign at the time of, or as a condition of, admission to a long-term care health facility as defined in Health and Safety Code Section 1326. (Added November 8, 1988, by initiative Proposition 105. Operative January 1, 1990. Invalidated in 1991 by court decision.)
  12. 1599.87.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. )

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    The Department of Health Services must compile a public list of certain long-term health care facilities, and listed facilities must include a required citation statement in admission contracts and advertisements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. ) ## 1599.87. The Department of Health Services (the Department) shall compile a list of approximately twenty five % (25%) of the long-term health care facilities with the most serious records of violations of laws or regulations by virtue of proven or admitted Class AA and Class A citations. Those facilities on this list shall include this statement on all contracts of admission, and all advertisements used to solicit consumers to enter into contracts of admission: “This facility’s record of citations is posted at the facility, and a copy may be obtained from the Department of Health Services.” (Added November 8, 1988, by initiative Proposition 105. Operative January 1, 1990. Invalidated in 1991 by court decision.)
  13. 1599.88.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. )

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    The Department must issue regulations to implement this chapter, including allowing one disclosure to satisfy Section 1599.85 for all advertisements on the same page.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. ) ## 1599.88. The Department shall issue regulations to implement this Chapter, including permitting one disclosure to satisfy the requirements of Section 1599.85 for all advertisements on the same page. (Added November 8, 1988, by initiative Proposition 105. Operative January 1, 1990. Invalidated in 1991 by court decision.)
  14. 1599.89.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. )

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    For violations of this chapter, the available remedies are those provided in Government Code Section 12269.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3.95. Seniors Nursing Home Disclosure [1599.85 - 1599.89] ( Chapter 3.95 added November 8, 1988, by initiative Proposition 105, Sec. 4. ) ## 1599.89. The remedies for violations of this Chapter are as provided in Government Code Section 12269. (Added November 8, 1988, by initiative Proposition 105. Operative January 1, 1990. Invalidated in 1991 by court decision.)
  15. 16.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    This section says “shall” means mandatory and “may” means permissive.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 16. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1939, Ch. 60.)
  16. 1600.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

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

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Repealed and added by Stats. 1963, Ch. 1055.)
  17. 1600.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

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    This section defines “biologics” and lists the products covered, with an exception for certain registered biologics.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.1. “Biologics” includes the following products which are offered for sale or distribution for the prevention or treatment of disease, except biologics which are registered pursuant to Chapter 1.5 (commencing with Section 9201), Part 1, Division 5 of the Food and Agricultural Code: (a) Human whole blood. (b) Human whole blood derivatives specified by regulations. (c) Serum, vaccine, live vaccine, killed vaccine, tissue vaccine, autogenous vaccine, live virus, killed virus, live bacterial culture, killed bacterial culture, bacterin, hormone, tissue extract, gland extract, gland preparation, insulin, and similar products made from human or animal tissues or micro-organisms. The amendments to this section enacted at the 1973–74 Regular Session of the Legislature shall become operative on July 1, 1975. (Amended by Stats. 1974, Ch. 776.)
  18. 1600.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

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    This section defines “blood bank” as a place where human whole blood or specified blood derivatives are collected, prepared, tested, processed, stored, or distributed from.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.2. “Blood bank” means any place where human whole blood, and human whole blood derivatives specified by regulation, are collected, prepared, tested, processed, or stored, or from which human whole blood or human whole blood derivatives specified by regulation are distributed. (Added by Stats. 1963, Ch. 1055.)
  19. 1600.21.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

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    This section defines “blood collection center” as a stationary auxiliary to a blood bank that is set up to collect whole blood or blood components for transport to the blood bank.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.21. “Blood collection center” means a stationary auxiliary to a blood bank which is designed, equipped, and staffed to procure human whole blood or blood components which are to be transported to the blood bank for processing, storing, and distribution. (Added by Stats. 1991, Ch. 800, Sec. 2.)
  20. 1600.22.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

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    “Stationary” means a nonmobile room or building maintained at a fixed address.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.22. “Stationary” means a nonmobile room or building maintained at a fixed address. (Added by Stats. 1991, Ch. 800, Sec. 3.)
  21. 1600.25.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

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    This section defines “mobile unit” as a transportable auxiliary to a blood bank used to collect human whole blood and move it to the bank for processing, storage, and distribution.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.25. “Mobile unit” means a transportable auxiliary to a blood bank designed, equipped, and staffed to procure human whole blood and to transport this blood to the bank for processing, storing, and distribution. (Added by Stats. 1991, Ch. 800, Sec. 4.)
  22. 1600.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section defines “blood bank depository” and says such places must be clinical laboratories licensed under the Business and Professions Code, or other equivalent places as determined by the department.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.3. “Blood bank depository” means any place other than a blood bank where human whole blood and human whole blood derivatives specified by regulation are stored and held for transfusion. Such blood bank depositories shall be clinical laboratories, licensed in accordance with the provisions of Chapter 3 (commencing with Section 1200), Division 2 of the Business and Professions Code, or such other places where services essentially equivalent are maintained, as determined by the department. (Added by Stats. 1963, Ch. 1055.)
  23. 1600.35.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section defines “blood component” and “blood derivative” as any product produced from whole blood.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.35. “Blood component” or “blood derivative” means any product produced from whole blood. (Added by Stats. 1991, Ch. 800, Sec. 5.)
  24. 1600.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    In this section, “distribution” includes sale and exchange.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.4. “Distribution” includes sale and exchange. (Added by Stats. 1963, Ch. 1055.)
  25. 1600.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section defines “production” for biologics licensing purposes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.5. “Production” includes collection, preparation, testing, processing, storage, and distribution of biologics under a license issued by the department. (Added by Stats. 1963, Ch. 1055.)
  26. 1600.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section defines “Department” as the State Department of Health Services.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.6. “Department” means the State Department of Health Services. (Amended by Stats. 1977, Ch. 1252.)
  27. 1600.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section defines “carrier donor” for human whole blood donations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.7. “Carrier donor” means any donor of human whole blood whose blood donation has been found, either by laboratory tests or by the tracing of a transfusion-associated hepatitis case where there was a single donor, to contain viral hepatitis, or any donor of human whole blood who has twice been determined by the department to be a possible carrier donor. (Added by Stats. 1974, Ch. 985.)
  28. 1600.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section defines “possible carrier donor” for human whole blood.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.8. “Possible carrier donor” means any donor of human whole blood whose blood donation was administered where multiple transfusions from multiple donors were administered to a recipient and such transfusions result in a case diagnosed by a physician as transfusion-associated hepatitis. (Added by Stats. 1974, Ch. 985.)
  29. 1600.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section defines “carrier of viral hepatitis” for this code.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 1. Definitions [1600 - 1600.9] ( Article 1 added by Stats. 1963, Ch. 1055. ) ## 1600.9. “Carrier of viral hepatitis” means a person under treatment by a physician who has contracted viral hepatitis which has been confirmed by voluntary laboratory tests or who exhibits symptoms which lead a physician to render a diagnostic opinion that the person has contracted viral hepatitis. (Added by Stats. 1974, Ch. 985.)
  30. 16000.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 1. General Provisions [16000 - 16001] ( Article 1 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Essential Services Buildings Seismic Safety Act of 1986.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 1. General Provisions [16000 - 16001] ( Article 1 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16000. This chapter shall be known and may be cited as the Essential Services Buildings Seismic Safety Act of 1986. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  31. 16001.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 1. General Provisions [16000 - 16001] ( Article 1 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    The Legislature states that essential services buildings should be designed, reviewed, and inspected to better resist disasters and keep operating.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 1. General Provisions [16000 - 16001] ( Article 1 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16001. It is the intent of the Legislature that essential services buildings, which shall be capable of providing essential services to the public after a disaster, shall be designed and constructed to minimize fire hazards and to resist, insofar as practical, the forces generated by earthquakes, gravity, and winds. It is also the intent of the Legislature that the structural systems and details set forth in working drawings and specifications be carefully reviewed by the responsible enforcement agencies using qualified personnel, and that the construction process be carefully and completely inspected. In order to accomplish these purposes, the Legislature intends to provide for the establishment of building standards for earthquake, gravity, fire, and wind resistance based upon current knowledge, and intends that procedures for the design and construction of essential services buildings be subjected to qualified design review and construction inspection. It is further the intent of the Legislature that the nonstructural components vital to the operation of essential services buildings shall also be able to resist, insofar as practical, the forces generated by earthquakes, gravity, fire, and winds. The Legislature recognizes that certain nonstructural components housed in essential services buildings, including, but not limited to, communications systems, main transformers and switching equipment, and emergency backup systems, are essential to facility operations and that these nonstructural components should be given adequate consideration during the design and construction process to assure, insofar as practical, continued operation of the building after a disaster. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  32. 16002.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    This article says the definitions in this article apply to the chapter unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16002. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  33. 16003.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    This section defines “Architect” as a person certified under the specified chapter of the Business and Professions Code.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16003. “Architect” means a person who is certified under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  34. 16004.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    “Civil engineer” means a person registered as a civil engineer under the cited Business and Professions Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16004. “Civil engineer” means a person who is registered as a civil engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  35. 16005.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    This section defines “construction or alteration” to include construction, addition, reconstruction, or alteration of an essential services building.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16005. “Construction or alteration” includes any construction of, addition to, reconstruction of, or alteration to any essential services building. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  36. 16006.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    This section defines “enforcement agency” for building safety purposes.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16006. “Enforcement agency” means the agency of a city, city and county, or county responsible for building safety within its jurisdiction. The office of the State Architect is the enforcement agency for state-owned facilities or facilities leased by the state. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  37. 16007.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    This section defines “essential services building” to include certain buildings used, or designed to be used, as public safety and emergency facilities.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16007. “Essential services building” means any building, including buildings designed and constructed, for public agencies used, or designed to be used, or any building a portion of which is used or designed to be used, as a fire station, police station, emergency operations center, California Highway Patrol office, sheriff’s office, or emergency communication dispatch center. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  38. 16008.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    This section defines “structural engineer” as a person authorized to use that title under the specified Business and Professions Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 2. Definitions [16002 - 16008] ( Article 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16008. “Structural engineer” means a person who is authorized to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  39. 16009.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    The appropriate enforcement agency must review and inspect essential services building work to the extent needed to ensure compliance.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16009. The appropriate enforcement agency which meets the requirements of Sections 16017 and 16018 shall review the design and inspect the construction of essential services buildings or the reconstruction, alteration, or addition to any essential services building to the extent it deems necessary to ensure that: (1) When the enforcement agency is a local agency, drawings and specifications comply with the locally adopted editions of the model codes, as defined in Section 18916, the administrative regulations contained in Part 1 (commencing with Section 1-101) of Title 24 of the California Code of Regulations, and the regulations contained in Part 2 (commencing with Section 101), except for Chapters 23 to 30, inclusive, and Chapter 47 of Title 24 of the California Code of Regulations. (2) When the enforcement agency is the Office of the State Architect, that drawings and specifications comply with all parts of the State Building Standards Code, as contained in Title 24 of the California Code of Regulations, as adopted by that agency. (3) For the protection of life and property that the work of construction has been performed in accordance with the approved drawings and specifications and this chapter. (Amended by Stats. 1990, Ch. 72, Sec. 1.)
  40. 16010.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    Small essential services buildings of certain construction types are exempt from this chapter.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16010. Essential services buildings of one-story Type V and Type II N construction that are 2,000 square feet or less in floor area are exempt from the provisions of this chapter. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  41. 16010.5.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    Including certain California Highway Patrol office space or an emergency dispatch center in specified building projects does not subject those projects to this chapter or to Division of the State Architect rules under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16010.5. Notwithstanding any other law, the inclusion of office space for or an emergency dispatch center of the Department of the California Highway Patrol in any building constructed, restored, rehabilitated, renovated, or reconstructed pursuant to Article 5.2 (commencing with Section 9112) or Article 5.6 (commencing with Section 9125) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code shall not subject any part of those projects to this chapter or any rule, regulation, standard, or requirement promulgated or enforced by the Division of the State Architect pursuant to this chapter. (Added by Stats. 2019, Ch. 29, Sec. 118. (SB 82) Effective June 27, 2019.)
  42. 16011.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    Before adopting drawings or specifications, the proposing party must submit design calculations, drawings, and specifications to the appropriate enforcement agency, unless the contract was entered into before July 1, 1986.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16011. Unless a contract for the construction or alteration of an essential services building is entered into prior to July 1, 1986, before adopting any drawings or specifications for the essential services building, the governing board, authority, owner, corporation, or other agency proposing to construct any essential services building shall submit the design calculations, drawings, and specifications of the essential services buildings to the appropriate enforcement agency. The enforcement agency shall stamp the drawings and specifications if the construction or alteration is approved by the enforcement agency. Included with the stamp shall be the signature of the qualified person referred to in Section 16018 or Section 16019. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  43. 16012.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    An application for approval of drawings and specifications for essential services buildings must include complete drawings, design calculations, specifications, and required fees that meet the enforcement agency’s requirements.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16012. In each case, the application for approval of the drawings and specifications for essential services buildings shall be accompanied by comprehensive and complete drawings, design calculations, and specifications, and required fees, all of which shall comply with the requirements prescribed by the enforcement agency. This review shall not preclude incremental submission and approval of drawings and specifications. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  44. 16013.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    The enforcement agency must approve or reject drawings and specifications for essential services buildings, and it must review them for compliance and keep a record of that review.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16013. The enforcement agency shall approve or reject all drawings and specifications for the construction or the alteration of all essential services buildings, and in doing so, shall review the design calculations, drawings, and specifications to ensure compliance with the requirements of this chapter. A record shall be kept by the enforcement agency indicating that design calculations, drawings, and specifications have been reviewed and conform with: (1) When the enforcement agency is a local agency, the locally adopted editions of the model codes, as defined in Section 18916, the administrative regulations contained in Part 1 (commencing with Section 1-101) of Title 24 of the California Code of Regulations, and the regulations contained in Part 2 (commencing with Section 101), except for Chapters 23 to 30, inclusive, and Chapter 47 of Title 24 of the California Code of Regulations. (2) When the enforcement agency is the Office of the State Architect, all parts of the State Building Standards Code, as contained in Title 24 of the California Code of Regulations and adopted by that agency. (Amended by Stats. 1990, Ch. 72, Sec. 2.)
  45. 16014.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    Certain construction plans must be based on geological and earthquake-risk assessments, with a limited exemption for small one-story buildings and a possible waiver by the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16014. (a) Except as otherwise provided in subdivision (b), drawings and specifications submitted pursuant to this chapter for construction, reconstruction, remodeling, additions, or alterations which affect structural elements of structures in existence on January 1, 1986, shall be based upon an assessment of the geological conditions of the site and the potential for earthquake damage, relying upon geologic and engineering investigations and studies by personnel who are competent to report on geologic conditions and their potential for causing earthquake damage. One-story Type V and Type II N construction of 4,000 square feet or less shall be exempt from this section, unless the project is within a special studies zone established pursuant to Section 2622 of the Public Resources Code. (b) The requirements of subdivision (a) may be waived by the enforcement agency if it determines that these requirements for the proposed essential services building project are unnecessary and would not be beneficial to the safety of the public. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  46. 16015.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    Drawings and specifications must be prepared and signed by an architect, civil engineer, or structural engineer, with construction observation kept under the same professional’s responsible charge when feasible.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16015. All drawings and specifications shall be prepared under the responsible charge of an architect, civil engineer, or structural engineer, who shall sign all drawings and specifications for approval of the enforcement agency. Observation of the work of construction shall be under the general responsible charge of the same architect, civil engineer, or structural engineer when feasible, as determined by the enforcement agency, except that if drawings and specifications do not involve architectural or structural conditions, the drawings and specifications may be prepared and the work of construction may be administered by a registered professional engineer qualified in the branch of engineering that is appropriate to the drawings, specifications, estimates, and work of construction. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  47. 16016.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    Construction of an essential services building may not begin until the drawings and specifications comply with the chapter and required enforcement-agency approval has been obtained, except as provided in Section 16011.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 3. General Requirements and Administration [16009 - 16016] ( Article 3 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16016. Except as provided in Section 16011, on and after July 1, 1986, construction of an essential services building shall not begin unless the drawings and specifications comply with this chapter and the requirements prescribed by the enforcement agency and approval of those drawings and specifications has been obtained from the enforcement agency. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  48. 16017.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    During construction or alteration of an essential services building, the owner must provide for qualified inspection, and the local enforcement agency must require it.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16017. During construction or alteration of an essential services building, the building owner shall provide for, and the local enforcement agency shall require, competent, adequate, and detailed inspection by a qualified inspector. To be qualified, inspectors shall have an adequate level of expertise and experience in the subject matter for which they have responsibilities for inspection as prescribed by this section. Qualification shall include current certification by the International Conference of Building Officials; or qualifications as an inspector meeting the requirements of subdivision (a) of Section 305 and subdivision (b) of Section 306 of, the 1982 Edition of the Uniform Building Code. Additionally, the architect, civil engineer, or structural engineer responsible for designing the essential services facility is qualified to inspect construction of the facility. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  49. 16017.5.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    The Department of General Services may issue a stop work order for unsafe or noncompliant construction on an essential services facility, but must allow incidental and minor nonstructural work without using that authority.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16017.5. (a) Notwithstanding any provision of law to the contrary, including, but not limited to, Part 6 (commencing with Section 8000) of Division 4 of the Civil Code, the Department of General Services may issue a stop work order when construction work on an essential services facility is not being performed in accordance with existing law and would compromise the structural integrity of the building, thereby endangering the public safety. The Department of General Services shall allow construction of incidental and minor nonstructural additions or nonstructural alterations without invoking its stop work authority. (b) A public board, body, or officer whose construction work on an essential services facility is subject to a stop work order issued pursuant to subdivision (a) shall not be held liable in any action filed against the public board, body, or officer for stopping work as required by the stop work order, or for any delays caused by compliance with the stop work order, except to the extent that an error or omission by the public board, body, or officer is the basis for the issuance of the stop work order. (Amended by Stats. 2010, Ch. 697, Sec. 38. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  50. 16018.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

    Verify source ↗

    An enforcement agency may review plans, drawings, and specifications for essential services buildings if it has a qualified architect, civil engineer, or structural engineer responsible for design review and the record under Section 16013.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16018. An enforcement agency is qualified to undertake the review of plans, drawings, and specifications for essential services buildings if the enforcement agency has an architect, civil engineer, or structural engineer on its staff or under contract who is responsible for all design review conducted by the enforcement agency and the record prepared under Section 16013. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  51. 16019.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    If a jurisdiction’s enforcement agency lacks the qualifications required by Sections 16017 and 16018, the jurisdiction must get qualified personnel by contracting for the needed services.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16019. A jurisdiction whose enforcement agency does not meet the qualifications specified in Sections 16017 and 16018 shall obtain necessary qualified personnel to meet the requirements of this chapter by contracting with other public agencies, private sector firms, or individuals qualified to perform the necessary services. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  52. 1602.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    A person may not produce human whole blood or human whole blood derivatives unless licensed and following the required standards and regulations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1602.5. (a) No person shall engage in the production of human whole blood or human whole blood derivatives unless the person is licensed under this chapter and the human whole blood or human whole blood derivative is collected, prepared, labeled, and stored in accordance with both of the following: (1) The standards set forth in the 13th Edition of “Standards for Blood Banks and Transfusion Services,” as published by the American Association of Blood Banks and in effect on November 15, 1989, or any amendments thereto or later published editions or amendments thereto. These shall be the standards for all licensed blood banks and blood transfusion services in the state. (2) Those provisions of Title 17 of the California Code of Regulations that are continued in effect by subdivision (c) or that are adopted pursuant to subdivision (b). (b) The department may, by the adoption of regulations, establish and require compliance with requirements in addition to, or in lieu of, those in subdivision (a) as the department deems appropriate to reflect changing technology or to improve the safety of human whole blood or human whole blood derivatives. Any standards adopted pursuant to this subdivision shall be adopted after consultation with representatives of the American Association of Blood Banks. (c) Until the time superseded by any regulation adopted pursuant to this section, all of the provisions of Group 1 (commencing with Section 950) of Subchapter 1 of Chapter 2 of Part 1 of Title 17 of the California Code of Regulations shall remain in effect with the exception of the following: (1) Subdivisions (i) to (k), inclusive, of Section 997. (2) Sections 999 and 1001. (3) Subdivisions (a) to (c), inclusive, of Section 1002. (4) Paragraphs (2) and (3) of subdivision (e) of Section 1002. (5) Subdivisions (f) and (g) of Section 1002. (6) Paragraphs (2) to (6), inclusive, of subdivision (h) of Section 1002. (7) Subdivisions (i), (k), and ( l) of Section 1002. (8) Subdivisions (a) to (c), inclusive, of Section 1004. (9) Sections 1010, 1012, 1013, 1014, 1024, and 1024.1. (10) Subdivisions (a), (b), and (e) of Section 1025. (11) Paragraphs (1) to (3), inclusive, of subdivision (c) of Section 1025. (d) (1) Any amendment to the 13th Edition of “Standards for Blood Banks and Transfusion Services,” any later editions, or any amendments thereto, published by the American Association of Blood Banks shall become effective in California 90 days after the effective date of this section, or 90 days after publication by the association, unless the department sends written notice, within such a 90-day period, to all persons licensed under this chapter to engage in the production of human whole blood or human whole blood derivatives, indicating which portions shall not become effective. (2) The department may determine that no portion of any amendments or later editions shall become effective. The department shall determine that no portion of an amendment or later edition shall become effective pursuant to this section whenever the department has not received a copy of the amendment or later edition by the date it is published by the American Association of Blood Banks. (e) This section does not apply to a clinical trial site storing or preparing for patient administration human whole blood and human whole blood derivatives intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs or devices if the investigation is conducted in accordance with the requirements of Section 505(i) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355(i)) or Section 520(g) thereof (21 U.S.C. Sec. 360j(g)) and the regulations adopted pursuant to the federal act. (Amended by Stats. 2022, Ch. 955, Sec. 1. (SB 1500) Effective January 1, 2023.)
  53. 1602.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    People may not import out-of-state human whole blood or human whole blood derivatives unless they meet the specified blood bank standards. The department can also control whether later editions or amendments take effect for this section.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1602.6. (a) No person shall import any human whole blood or human whole blood derivative produced outside the state unless that blood or blood product meets the standards set forth in the latest edition of the “Standards for Blood Banks and Transfusion Services,” as published by the American Association of Blood Banks, or any later published editions or amendments thereto. (b) Any later editions of the “Standards for Blood Banks and Transfusion Services,” or amendments thereto, published by the American Association of Blood Banks, shall become effective for purposes at this section 90 days after the effective date of this section, or 90 days after publication by the association, whichever is later, unless the department sends written notice, within the 90-day period, to all persons who import human whole blood or human whole blood derivatives produced outside the state that have requested this notice, stating the portions of those later editions or amendments that shall not become effective. (c) The department may determine that no portion of any later editions or amendments shall become effective for purposes of this section. The department shall determine that no portion of a later edition or amendment shall become effective for purposes of this section whenever the department has not received a copy of the later edition or amendment by the date it is published by the American Association of Blood Banks. (d) The department shall administer and enforce this section in accordance with this chapter and in a manner that assures, to the greatest degree, consistency with Section 1602.5. (Added by Stats. 1992, Ch. 760, Sec. 1. Effective January 1, 1993.)
  54. 16020.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    Certain responsible architects and engineers must periodically report on construction or alteration work, including verification that the work and materials match approved drawings and specifications, unless exempt under Section 16010.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16020. Periodically, as the work of construction or alteration progresses and whenever the enforcement agency requires, except as exempt under Section 16010, the architect, civil engineer, or structural engineer in general responsible charge of the work of construction, and the registered engineer shall make a report, duly verified by him or her through periodic review of construction, showing that the work during the period covered by the report has been performed and that the materials used and installed are in accordance with the approved drawings and specifications, setting forth any detailed statements of fact required by the enforcement agency. “Periodic review of construction,” as used in this section and as applied to the architect, civil engineer, or structural engineer and the registered engineer, means the knowledge which is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also which is obtained from the reporting of others as to the progress of the work, testing of materials, inspection and superintendence of the work that is performed between those periodic visits of the architect, civil engineer, or structural engineer, or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. The term “periodic review of construction” does not include responsibility for superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  55. 16021.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    The inspector and the contractor must each file a verified report during construction or alteration progress, and whenever the enforcement agency requires, unless exempt under Section 16010.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16021. Periodically, as the work of construction or alteration progresses and whenever the enforcement agency requires, except as exempt under Section 16010, the inspector on the work and the contractor shall each make a report, duly verified by him or her, showing in his or her own personal knowledge, that the work during the period covered by the report has been performed and that the materials used and installed are in accordance with the approved drawings and specifications, setting forth any detailed statements of fact required by the enforcement agency. “Personal knowledge” as applied to the inspector, means the actual personal knowledge which is obtained from his or her personal continuous inspection of the work of construction in all stages of its progress at the site where he or she is responsible for inspection and when work is carried out away from the site, that personal knowledge which is obtained from the reporting of others of the testing or inspection of materials and workmanship for compliance with plans, specifications, or applicable standards. The exercise of reasonable diligence to obtain the facts is required. “Personal knowledge,” as applied to the contractor, means the personal knowledge which is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  56. 16022.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    The State Architect must oversee this chapter, adopt necessary regulations, assist local jurisdictions, hear appeals, and periodically inform two state bodies. The State Architect may also create an advisory committee.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16022. The State Architect shall do all of the following: (a) Observe the implementation and administration of this chapter. (b) Establish and adopt, in consultation with the League of Cities, County Supervisors Association, and California Building Officials, those regulations deemed necessary for carrying out this chapter. (c) Provide advice and assistance to local jurisdictions regarding essential services buildings. (d) Hear appeals relative to the administration of this chapter. The State Architect may establish an advisory committee to assist the State Architect with his or her responsibilities under this chapter. The State Architect shall periodically inform the Seismic Safety Commission and the State Fire Marshal with respect to the implementation and the administration of this chapter. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  57. 16022.5.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    After construction is completed, the State Fire Marshal may inspect state-owned or state-occupied essential services buildings regularly for fire and panic safety compliance.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 4. Qualifications and Reporting [16017 - 16022.5] ( Article 4 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16022.5. Following completion of construction of a state-owned or state-occupied essential services building, the State Fire Marshal may conduct regular inspections of those buildings for compliance with building standards relating to fire and panic safety. (Added by Stats. 2019, Ch. 31, Sec. 13. (SB 85) Effective June 27, 2019.)
  58. 16023.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 5. Offenses [16023- 16023.] ( Article 5 added by Stats. 1985, Ch. 1521, Sec. 1. )

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    Any person who willfully violates this chapter is guilty of a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 2. Essential Services Buildings [16000 - 16023] ( Chapter 2 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## ARTICLE 5. Offenses [16023- 16023.] ( Article 5 added by Stats. 1985, Ch. 1521, Sec. 1. ) ## 16023. Any person who willfully violates this chapter is guilty of a misdemeanor. (Added by Stats. 1985, Ch. 1521, Sec. 1.)
  59. 1603.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Blood banks and plasma centers must test received blood for viral hepatitis and HIV, and several health-related reporting and notification duties apply.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1603.1. (a) Except as provided in this subdivision, no blood or blood components shall be used in vivo for humans in this state, unless the blood or blood components have been tested and found nonreactive for HIV or the blood or blood components are used for research or vaccination programs pursuant to an informed consent. Additional exceptions to the requirement of this subdivision are as follows: (1) Blood or blood components released for transfusion in emergency circumstances, as determined by the department. (2) Blood or blood components used for autologous purposes. (b) Blood banks and plasma centers shall make laboratory tests of all human whole blood and blood components received to detect the presence of viral hepatitis and HIV in the manner specified in Section 1603.3. If the blood bank or plasma center finds the presence of viral hepatitis, or an antigen thereof, in the blood or blood components tested, it shall report that finding, the date of the human whole blood or blood components donation, the name, address, and social security number of the person who donated the blood or blood components, and the name and address of the blood bank or plasma center that received the human whole blood or blood components from the person and any additional information required by the department, to the local health officer within 72 hours of the confirmation of the presence of viral hepatitis, or an antigen thereof, in the blood or blood components tested. (c) A physician, hospital, or other health care provider shall report all AIDS cases, HIV infections, and viral hepatitis infections, including transfusion-associated cases or infections, to the local health officer with the information required, and within the timeframes established by the department, pursuant to Title 17 of the California Code of Regulations. (d) Upon receipt of a report concerning any transfusion-associated hepatitis or transfusion-associated HIV or AIDS cases, the local health officer shall identify which blood bank or plasma center is the source of the infectious blood or blood components and shall report this fact to the blood bank or plasma center that issued the blood or blood components. The blood bank or plasma center shall undertake an investigation to determine the donor source of the infectious blood or blood components. (e) Local health officials shall contact all persons who have confirmed cases of AIDS, as determined by a person responsible for the care and treatment of the person with AIDS, to suggest appropriate treatment alternatives and for the purposes of epidemiological studies and followup. (f) The department may adopt regulations governing the procedures in this section as it deems necessary to protect the public health and safety. (g) “Plasma center,” as used in this chapter, means any place where the process of plasmapheresis is conducted, as defined in Section 1025 of Title 17 of the California Code of Regulations and includes a place where leukopheresis or platelet pheresis, or both, is conducted. (h) “AIDS,” as used in this chapter, means acquired immune deficiency syndrome. (i) “HIV,” as used in this chapter, means human immunodeficiency virus. (j) “Blood components,” as used in this chapter, means preparations separated from single units of whole blood or prepared for hemapheresis and intended for use as final products for transfusions. (k) A local health officer may disclose to a blood bank or plasma center, on a confidential basis, whether blood or blood components previously transfused may have been donated by a person infected with HIV, in order to implement the blood bank’s or plasma center’s program to notify a recipient of blood or blood components that might have transmitted HIV. The blood bank or plasma center may not disclose information that would identify a donor to which this subdivision applies and shall destroy information communicated to it as authorized by this subdivision immediately after reviewing its records as necessary to implement this program. (Amended by Stats. 2003, Ch. 419, Sec. 1. Effective January 1, 2004.)
  60. 1603.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Blood banks and plasma centers must require specified photographic identification from donors who are paid for donating human whole blood or blood components.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1603.2. (a) Each blood bank or plasma center shall require as identification either a photographic driver’s license or other photographic identification that is issued by the Department of Motor Vehicles, pursuant to Division 6 (commencing with Section 12500) of the Vehicle Code, from all donors of human whole blood or blood components who receive payment in return for the donation of that blood or blood components. (b) For the purposes of this section, “payment” means the transfer by a blood bank or plasma center to any person of money or any other valuable consideration that can be converted to money by the recipient, except that payment shall not include any of the following: (1) Cancellation or refund of the nonreplacement fees or related blood or blood components transfusion charges. (2) Blood assurance benefits to a person as a result of a blood or blood components donation to a donor club or blood assurance program. (3) Time away from employment granted by an employer to an employee in order to donate blood or blood components. (Amended by Stats. 2003, Ch. 419, Sec. 2. Effective January 1, 2004.)
  61. 1603.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Before blood donation, donors must be told and must sign acknowledgment of HIV-related warnings; blood banks and plasma centers must use self-deferral, retest certain HIV-positive samples, and display nearby free anonymous testing information.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1603.3. (a) Before donation of blood or blood components, a donor shall be notified in writing of, and shall have signed a written statement confirming the notification of, all of the following: (1) That the blood or blood components shall be tested for evidence of antibodies to HIV. (2) That the donor shall be notified of the test results in accordance with the requirements described in subdivision (c). (3) That the donor blood or blood component that is found to have the antibodies shall not be used for transfusion. (4) That blood or blood components shall not be donated for transfusion purposes by a person if the person may have reason to believe that he or she has been exposed to HIV or AIDS. (5) That the donor is required to complete a health screening questionnaire to assist in the determination as to whether he or she may have been exposed to HIV or AIDS. (b) A blood bank or plasma center shall incorporate voluntary means of self-deferral for donors. The means of self-deferral may include, but are not limited to, a form with checkoff boxes specifying that the blood or blood components are for research or test purposes only and a telephone callback system for donors to use in order to inform the blood bank or plasma center that blood or blood components donated should not be used for transfusion. The blood bank or plasma center shall inform the donor, in a manner that is understandable to the donor, that the self-deferral process is available and should be used if the donor has reason to believe that he or she is infected with HIV. (c) Blood or blood components from any donor initially found to have serologic evidence of antibodies to HIV shall be retested for confirmation. Only if a further test confirms the conclusion of the earlier test shall the donor be notified of a reactive result by the blood bank or plasma center. The department shall develop permissive guidelines for blood banks and plasma centers on the method to be used to notify a donor of a test result. (d) Each blood bank or plasma center operating in California shall prominently display at each of its collection sites a notice that provides the addresses and telephone numbers of sites, within the proximate area of the blood bank or plasma center, where anonymous HIV antibody testing provided pursuant to Chapter 3 (commencing with Section 120885) of Part 4 of Division 105 may be administered without charge. (e) The department may promulgate any additional regulations it deems necessary to enhance the safety of donated blood and blood components. The department may also promulgate regulations it deems necessary to safeguard the consistency and accuracy of HIV test results by requiring any confirmatory testing the department deems appropriate for the particular types of HIV tests that have yielded “reactive,” “positive,” “indeterminate,” or other similarly labeled results. (f) Notwithstanding any other provision of law, civil liability or criminal sanction shall not be imposed for disclosure of test results to a local health officer if the disclosure is necessary to locate and notify a blood or blood components donor of a reactive result if reasonable efforts by the blood bank or plasma center to locate the donor have failed. Upon completion of the local health officer’s efforts to locate and notify a blood or blood components donor of a reactive result, all records obtained from the blood bank or plasma center pursuant to this subdivision, or maintained pursuant to this subdivision, including, but not limited to, any individual identifying information or test results, shall be expunged by the local health officer. (Amended by Stats. 2017, Ch. 537, Sec. 1. (SB 239) Effective January 1, 2018.)
  62. 1603.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Public entities, blood banks, plasma centers, the department, and local health officers are protected from liability for certain HIV test-result disclosures and notification-related damages.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1603.4. (a) Notwithstanding Chapter 7 (commencing with Section 120975) of Part 4 of Division 105, or any other provision of law, no public entity or any private blood bank or plasma center shall be liable for an inadvertent, accidental, or otherwise unintentional disclosure of the results of an HIV test. As used in this section, “public entity” includes, but is not limited to, any publicly owned or operated blood bank or plasma center, local health officer, and the department. (b) Neither the department nor any blood bank or plasma center, including a blood bank or plasma center owned or operated by a public entity, or local health officer shall be held liable for any damage resulting from the notification of test results, as set forth in paragraph (2) of subdivision (a) of, or in subdivision (c) of, Section 1603.3. (Amended by Stats. 2003, Ch. 419, Sec. 4. Effective January 1, 2004.)
  63. 1603.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Blood producers must label transfusion blood containers as “volunteer donor” or “paid donor,” and out-of-state blood received by California blood banks has specific labeling rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1603.5. (a) Notwithstanding any other provision of law, every person engaged in the production of blood shall, if the product is intended for transfusion, label each container of blood which the person produces with a label, upon which the following designations shall be printed in letters the size of which shall be no less prominent than the proper name of the product. (1) If the person giving the blood received no payment for the blood, the designation shall be “volunteer donor.” (2) If the person giving the blood received payment for the blood, the designation shall be “paid donor.” (b) As used in this section: (1) “Blood” means human whole blood or components of human blood, including plasma, which are prepared from human whole blood by physical, rather than chemical processes, but does not include blood derivatives manufactured or processed by industrial use. (2) “Industrial use” means a use of blood in which the blood is modified by physical or chemical means to produce derivatives for therapeutic or pharmaceutic biologics, laboratory reagents, or in vitro diagnostics. (3) “Payment” means the transfer by a blood bank, or any other party, to any person of money or any other valuable consideration which can be converted to money by the recipient, except that “payment” shall not include any of the following: (i) Cancellation or refund of the nonreplacement fees or related blood transfusion charges. (ii) Blood assurance benefits to a person as a result of a blood donation to a donor club or blood assurance program. (iii) Time away from employment granted by an employer to an employee in order to donate blood. (c) Any blood bank receiving blood from a blood bank outside of California shall comply with the labeling requirements of this chapter. Any blood bank receiving this blood may label the blood as “volunteer donor” blood only if the blood bank receives with the blood a certificate from the out-of-state blood bank which states either that the particular shipment of blood was acquired from volunteer donors not receiving payment or that all blood processed by the out-of-state blood bank is acquired from volunteer donors not receiving payment. If the blood bank receiving such blood receives no such certificate with the blood, the blood shall be labeled as “paid donor” blood. (d) No warranty shall be implied from the fact that any blood is labeled in accordance with the requirements of this section. (Amended by Stats. 1989, Ch. 513, Sec. 1.)
  64. 1604.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Blood banks may distribute or release human whole blood, or specified blood derivatives, only to blood bank depositories or other licensed blood banks.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1604. The distribution or release for distribution by blood banks of human whole blood, or those human whole blood derivatives specified by regulation, shall be made only to blood bank depositories or to other licensed blood banks. (Repealed and added by Stats. 1963, Ch. 1055.)
  65. 1604.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    A blood bank must be licensed to provide umbilical cord blood banking storage services. The department may adopt emergency regulations and additional standards, and emergency regulations have special filing, publication, hearing, and review rules.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1604.6. (a) Notwithstanding any other provision of law, in order to provide umbilical cord blood banking storage services, a blood bank shall be licensed pursuant to this chapter. Any additional standards for blood banks to store umbilical cord blood may be implemented by the department through the adoption of regulations. (b) (1) The department may adopt emergency regulations to implement and make specific subdivision (a) in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of the Administrative Procedure Act, the adoption of regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (2) (A) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, these emergency regulations shall not be subject to the review and approval of the Office of Administrative Law. Notwithstanding Sections 11346.1 and 11349.6 of the Government Code, the department shall submit these regulations directly to the Secretary of State for filing. (B) Emergency regulations adopted pursuant to this section shall become effective immediately upon filing by the Secretary of State, shall be subject to public hearing within 120 days of filing with the Secretary of State, and shall comply with Sections 11346.8 and 11346.9 of the Government Code, or shall be repealed by the department. (3) The Office of Administrative Law shall provide for the printing and publication of emergency regulations adopted pursuant to this section in the California Code of Regulations. (4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and subject to subparagraph (B) of paragraph (2), the emergency regulations adopted pursuant to this subdivision shall not be repealed by the Office of Administrative Law and shall remain in effect until revised or repealed by the department. (Amended by Stats. 2007, Ch. 130, Sec. 160. Effective January 1, 2008.)
  66. 1605.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Certain establishments that receive regulated human blood or blood derivatives and do not need a license are treated as blood bank depositories. The blood bank depository is solely responsible for laboratory tests and other procedures needed to prepare blood for transfusion.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1605. Establishments which receive human whole blood and human whole blood derivatives specified by regulation and are not subject to license in accordance with this chapter shall be considered as blood bank depositories. Laboratory tests and other procedures with respect to the preparation of blood for transfusion shall be the sole responsibility of the blood bank depository. (Repealed and added by Stats. 1963, Ch. 1055.)
  67. 1606.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    Activities involving whole blood and related products for injection or transfusion are treated as a service, not a sale.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1606. The procurement, processing, distribution, or use of whole blood, plasma, blood products, and blood derivatives for the purpose of injecting or transfusing the same, or any of them, into the human body shall be construed to be, and is declared to be, for all purposes whatsoever, the rendition of a service by each and every person, firm, or corporation participating therein, and shall not be construed to be, and is declared not to be, a sale of such whole blood, plasma, blood products, or blood derivatives, for any purpose or purposes whatsoever. (Repealed and added by Stats. 1963, Ch. 1055.)
  68. 1607.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    This section lets specified licensed and registered personnel perform skin puncture and venipuncture to collect human blood, but only under listed supervision and blood bank conditions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1607. (a) Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied: (1) The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks. (2) The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code. (b) (1) Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met: (A) The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises. (B) The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse. (2) The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code, so long as the method of telehealth used is synchronous. (3) (A) A blood bank shall annually report to the department any adverse donor events requiring emergency medical intervention that occur pursuant to this subdivision, including the date, location, type of adverse event, onsite response, and whether a registered nurse was physically present on the premises. (B) At the request of the department, a blood bank shall provide written procedures for managing adverse donor reactions. (4) This subdivision shall become inoperative on January 1, 2028. (c) In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered. (d) Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel. (e) The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel. (f) This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity. (g) A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank. As used in this section, the term “displacement” shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment. (h) This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law. (i) For purposes of this section, “American Association of Blood Banks” means the American Association of Blood Banks or its successor organization. (Amended by Stats. 2022, Ch. 726, Sec. 1. (SB 1475) Effective January 1, 2023.)
  69. 1607.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    People age 17 or older may consent to donate blood, and blood banks may accept that donation. People age 15 or older may also consent if they have written parental/guardian consent and written authorization from a physician and surgeon.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1607.5. (a) Notwithstanding any other provision of law, a person who has attained the age of 17 may consent to the donation of his or her blood and to the penetration of tissue which is necessary to accomplish such donation, and a blood bank may accept such donation. (b) Notwithstanding any other provision of law, a person who has attained the age of 15 may consent to the donation of his or her blood and to the penetration of tissue which is necessary to accomplish such donation, and a blood bank may accept such donation, if he or she has the written consent of his or her parents or a guardian, and the written authorization of a physician and surgeon. (c) As used in this section “donation of blood” means a giving of blood in which the donor of the blood receives no payment therefor. (Amended by Stats. 1981, Ch. 23.)
  70. 1608.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. )

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    This section says the chapter does not repeal or affect Business and Professions Code provisions about the practice of medicine.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 2. Human Whole Blood and Human Whole Blood Derivatives [1602.5 - 1608] ( Article 2 added by Stats. 1963, Ch. 1055. ) ## 1608. This chapter does not repeal or in any manner affect any provision of the Business and Professions Code relating to the practice of medicine. (Repealed and added by Stats. 1963, Ch. 1055.)
  71. 1609.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 3. Biologics Other Than Human Whole Blood and Human Whole Blood Derivatives [1609 - 1611] ( Article 3 added by Stats. 1963, Ch. 1055. )

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    A person may not produce certain biologics unless the production falls within one of the listed licensed-lab, clinical-trial, or chapter-based exceptions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 3. Biologics Other Than Human Whole Blood and Human Whole Blood Derivatives [1609 - 1611] ( Article 3 added by Stats. 1963, Ch. 1055. ) ## 1609. No person shall engage in the production of biologics other than human whole blood and human whole blood derivatives unless: (a) In a laboratory licensed by the Public Health Service, United States Department of Health, Education and Welfare. (b) In a laboratory licensed by the Animal Inspection and Quarantine Branch, Agricultural Research Service, United States Department of Agriculture. (c) In a clinical trial site storing or preparing for patient administration biologics, other than human whole blood and human whole blood derivatives, intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs or devices if the investigation is conducted in accordance with the requirements of Section 505(i) of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355(i)) or Section 520(g) thereof (21 U.S.C. Sec. 360j(g)) and the regulations adopted pursuant to the federal act. (d) Under the provisions of this chapter. (Amended by Stats. 2022, Ch. 955, Sec. 2. (SB 1500) Effective January 1, 2023.)
  72. 1610.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 3. Biologics Other Than Human Whole Blood and Human Whole Blood Derivatives [1609 - 1611] ( Article 3 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    The department must issue rules and regulations for the production of biologics made in certain establishments under Section 1609(c).

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 3. Biologics Other Than Human Whole Blood and Human Whole Blood Derivatives [1609 - 1611] ( Article 3 added by Stats. 1963, Ch. 1055. ) ## 1610. The department shall make rules and regulations governing the production of all biologics produced in establishments under subdivision (c) of Section 1609. (Repealed and added by Stats. 1963, Ch. 1055.)
  73. 16100.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

    Verify source ↗

    This section defines terms used in the chapter on earthquake hazard mitigation technologies.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16100. As used in this chapter: (a) “Earthquake hazard mitigation technologies” includes, but is not limited to, seismic isolation, energy dissipation, ductility, damping systems, and other technologies which endeavor to reasonably protect buildings and nonstructural components, building contents, and functional capability from earthquake damage. Earthquake hazard mitigation technologies do not include those technologies with detailed code provisions in the 1988 edition of the model codes as defined in Section 18916. (b) “Life cycle cost” includes, but is not limited to, the present value of the cost of initial construction, earthquake insurance premiums, operating and maintenance costs, physical earthquake damage cost to the facility, and related earthquake disruption costs including, but not limited to, loss of production or loss of business anticipated over the projected useful life of the building. (c) “Peer review” is a review conducted by a multidisciplinary group of experienced technical professionals, including, but not limited to, architects and structural and geotechnical engineers who have recognized expertise in the design and performance of earthquake hazard mitigation technologies, who are independent of the subject of the review, and who are peers with the same professional registration as that of the design professionals responsible for the subject of the review. (d) “Public agency” means any state agency, any county, city and county, city, regional agency, public district, redevelopment agency, or any other political subdivision. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  74. 16101.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

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    The Seismic Safety Commission must develop a state policy on acceptable earthquake risk for new and existing state-owned buildings and submit it to the Legislature by January 1, 1991. The State Architect must identify activities in state-owned buildings that are necessary for postearthquake operation.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16101. (a) The Seismic Safety Commission, in cooperation with the State Architect, shall develop a state policy on acceptable levels of earthquake risk for new and existing state-owned buildings and submit their policy to the Legislature for consideration by January 1, 1991. (b) The State Architect, in conjunction with state agency owners and operators of buildings, shall identify activities carried out within state-owned buildings which are necessary for postearthquake operation. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  75. 16102.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

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    The State Architect must adopt regulations on earthquake hazard mitigation technologies for buildings by January 1, 1992.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16102. (a) The State Architect shall develop and adopt by January 1, 1992, regulations for the application of earthquake hazard mitigation technologies to buildings which do all of the following: (1) Prescribe design criteria and performance standards with the objective of reasonably ensuring the limitation of earthquake damage or the continuous operational capability of buildings with earthquake hazard mitigation technologies, or both. (2) Determine the procedure for estimating the life cycle costs of a building designed and constructed according to the provisions of this chapter. (3) Establish the criteria for determining the suitability of earthquake hazard mitigation technology as compared to conventional construction considering project-specific design requirements and life cycle costs. (b) The advisory board established pursuant to Section 16022 shall advise the State Architect in the development of regulations for this chapter. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  76. 16103.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

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    The State Architect must work with relevant agencies and organizations, encourage training and research support on earthquake hazard mitigation, and submit certain regulations to the International Conference of Building Officials by August 1, 1993.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16103. (a) The State Architect shall seek the advice and cooperation of appropriate state agencies, structural and earthquake engineering professional organizations, the California Building Officials, the International Conference of Building Officials, and other professional organizations or associations to carry out the provisions of this section. (b) The State Architect shall encourage technical and professional societies to conduct forums and seminars to increase the understanding of design professionals and building officials about new earthquake hazard mitigation technologies. (c) The State Architect shall encourage state and federal governments, the University of California, other state agencies, the private educational institutions and the private sector to increase the availability of earthquake research funds and equipment, including, but not limited to, shake tables. The State Architect shall encourage the development of educational materials for earthquake hazard mitigation technologies. (d) The State Architect, in cooperation with structural engineering professional organizations, shall submit the regulations developed according to this chapter to the International Conference of Building Officials for consideration of adoption in future model codes, as defined in Section 18916, by August 1, 1993. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  77. 16104.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

    Verify source ↗

    The State Architect must select suitable buildings and supervise earthquake hazard mitigation technology use on three demonstration buildings, and must consult the Strong Motion Instrumentation Program before choosing them.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16104. (a) The State Architect shall select suitable buildings and provide direction and supervision for the use of earthquake hazard mitigation technologies on three buildings owned by the Department of General Services, or other state-owned buildings proposed by another state agency, as demonstration projects. Buildings owned by the University of California, the California State University, the Department of Corrections, or other state agencies may be proposed as demonstration projects by the respective state agency but are subject to the approval of the State Architect for selection as a demonstration project and review by the State Architect according to provisions of this chapter. (b) One demonstration project shall be a new building and two projects shall be existing buildings. (c) It is in the best interest of the state that these demonstration projects should be fully instrumented and monitored by the Strong Motion Instrumentation Program (Chapter 8 (commencing with Section 2700) of Division 2 of the Public Resources Code) of the Division of Mines and Geology. The Strong Motion Instrumentation Program is encouraged to instrument these demonstration projects. The State Architect shall consult with the Strong Motion Instrumentation Program prior to the selection of demonstration projects. It is the intent of the Legislature that the cost of instrumentation be funded by the appropriation that funds the construction of the building. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  78. 16106.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

    Verify source ↗

    The State Architect must publish earthquake hazard information and share it with government, agencies, the public, insurers, building owners, and others.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16106. (a) The State Architect shall develop and publish informational material describing the anticipated earthquake performance of new and existing buildings afforded by current and earlier building codes, the threat of earthquakes, and earthquake hazard mitigation technologies. This information shall be made available to the federal government, public agencies, and the public to assist building owners, occupants, and managers to better understand the anticipated earthquake performance of buildings. (b) The State Architect shall provide information by various methods, including publications and seminars, to insurance companies, building owners, and the general public explaining the significant reductions in damage to buildings and contents which may be effected through the use of earthquake hazard mitigation technologies with the objective of encouraging the use of these technologies, reducing earthquake damage and disruption, and reducing insurance premiums for earthquake peril coverage. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  79. 16107.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

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    The section encourages several public entities to develop and use policies and performance standards based on the lowest reasonable life cycle costs. It also says the chapter does not apply to the Regents of the University of California unless they make it applicable by resolution.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16107. (a) The University of California, the California State University, the Department of Corrections, and public agencies are encouraged to develop and implement policies and performance standards according to lowest reasonable life cycle costs in a similar manner to Section 16101. (b) No provision of this chapter shall apply to the Regents of the University of California unless the regents, by resolution, make the provision applicable. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  80. 16107.5.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

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    This section says the chapter and its regulations must not reduce, alter, or diminish the authority of the design professional who signs the plans and specifications for a covered project.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16107.5. No provision of this chapter or the regulations adopted pursuant thereto, shall reduce, alter, or diminish the authority of the design professional who signs the plans and specifications for a project subject to this chapter. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  81. 16108.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

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    Building owners and developers may use this chapter for new and existing buildings, while local agencies cannot force compliance with it as a permit or approval condition.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16108. (a) Private and public agency building owners and developers may, and are encouraged to, use the provisions of this chapter for new and existing buildings. Private and public agency building owners and developers are encouraged to consider the building standards enacted by local governments for building reconstruction pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13. (b) The State Architect, using the advisory committee defined in Section 16022 shall review the suitability of the candidate buildings for earthquake hazard mitigation technologies upon request from building owners or developers, public agencies, or design professionals and shall review the adequacy of the project-specific design and earthquake performance criteria and report its findings to the appropriate public agency prior to the approval of design concepts, preliminary design criteria, geotechnical reports, and ground response reports by the appropriate public agency. (c) The advisory committee established pursuant to Section 16022 shall be used by the State Architect to perform a peer review of the earthquake hazard mitigation technologies for a project at the State Architect’s discretion or at the request of a building owner, design professional, or responsible public agency. The State Architect may add to the advisory committee additional peers for a particular project from a list of recognized experts in the field of earthquake hazard mitigation technologies. (d) An appropriate fee for all reviews by the State Architect and advisory committee shall be established by the State Architect and paid for by building owners prior to reviews. The fees established pursuant to this subdivision shall not exceed the actual costs of performing the individual peer review. (e) No local agency may require any private or public agency, building owner or developer, or their design professionals, to comply with the provisions of this chapter as a condition of local agency review, permitting, or approval. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  82. 16109.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

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    If more than one public agency must review and approve a project using earthquake mitigation or other new seismic-resistant technologies, the Coordinating Council of the Building Standards Commission must consolidate the hearings as much as feasible.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16109. In the event that a project involving buildings utilizing earthquake mitigation technologies and other new seismic resistant design technologies requires design review and plan approval by more than one public agency, the Coordinating Council of the Building Standards Commission shall, to the maximum extent feasible, consolidate the various hearings which may be required in order to minimize the time required for the hearings. This consolidation shall be for procedural purposes only and shall not be construed as consolidating the statutory responsibilities of the public agencies conducting the consolidated hearings. (Amended by Stats. 2004, Ch. 193, Sec. 93. Effective January 1, 2005.)
  83. 1611.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 3. Biologics Other Than Human Whole Blood and Human Whole Blood Derivatives [1609 - 1611] ( Article 3 added by Stats. 1963, Ch. 1055. )

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    The department may make rules and regulations for transporting or distributing cultures of micro-organisms that may produce disease in humans or animals.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 3. Biologics Other Than Human Whole Blood and Human Whole Blood Derivatives [1609 - 1611] ( Article 3 added by Stats. 1963, Ch. 1055. ) ## 1611. The department may make rules and regulations governing the transportation or distribution of cultures of micro-organisms which may produce disease in man or animals. (Repealed and added by Stats. 1963, Ch. 1055.)
  84. 16110.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. )

    Verify source ↗

    The State Architect must periodically inform the Seismic Safety Commission about how this chapter is being implemented and administered.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 3. Earthquake Hazard Mitigation Technologies [16100 - 16110] ( Chapter 3 added by Stats. 1989, Ch. 988, Sec. 1. ) ## 16110. The State Architect shall periodically inform the Seismic Safety Commission with respect to the implementation and administration of this chapter. (Added by Stats. 1989, Ch. 988, Sec. 1.)
  85. 1613.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 4. Licenses [1613 - 1615] ( Article 4 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    License applications under this chapter must be filed on department-issued forms and include required information.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 4. Licenses [1613 - 1615] ( Article 4 added by Stats. 1963, Ch. 1055. ) ## 1613. Applications for licenses issued under this chapter shall be made upon forms issued by the department. The applications shall contain at least the following: (a) The name and address of the person owning the place, establishment, or institution in which biologics production is planned. (b) The name and address of the person to be in charge of biologics production. (c) The types of biologics to be produced. (d) A full description of the building, its location, facilities, equipment, and apparatus to be used in biologics production. (e) The name and address of each blood collection center operated by the applicant and whether the applicant operates any mobile units. (f) Any additional information as the department may require. (Amended by Stats. 1991, Ch. 800, Sec. 12.)
  86. 1614.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 4. Licenses [1613 - 1615] ( Article 4 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    If the department does not issue a license within 60 days after an application is filed, it must give the applicant a written refusal stating the grounds and reasons.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 4. Licenses [1613 - 1615] ( Article 4 added by Stats. 1963, Ch. 1055. ) ## 1614. If the department does not within 60 days after the filing of the application issue a license, it shall state the grounds and reasons for its refusal in writing, serving a copy upon the applicant. The notice may be served by registered mail addressed to the applicant at his last known address. (Amended by Stats. 1991, Ch. 800, Sec. 13.)
  87. 1615.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 4. Licenses [1613 - 1615] ( Article 4 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    A biologics license is automatically revoked if the address, ownership, or person in charge changes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 4. Licenses [1613 - 1615] ( Article 4 added by Stats. 1963, Ch. 1055. ) ## 1615. (a) A license shall be automatically revoked when there is a change of address, ownership, or person in charge of biologics production. However, a new license may be secured for the new location, owner, or person in charge prior to the actual change if the contemplated change is in compliance with all the provisions of this chapter and regulations pertaining thereto. (b) Proceedings for denial of license shall be conducted in accordance with Section 100171. (Amended by Stats. 1997, Ch. 220, Sec. 18. Effective August 4, 1997.)
  88. 1616.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 5. Revenue [1616 - 1616.5] ( Article 5 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    License applications and renewals must include a fee set by regulation, renewal must be filed at least 10 days before yearly expiration, and a late renewal causes the license to expire.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 5. Revenue [1616 - 1616.5] ( Article 5 added by Stats. 1963, Ch. 1055. ) ## 1616. (a) Each application for a license or license renewal under this chapter shall be accompanied by a fee determined by the director by regulations and in an amount sufficient to cover the cost of administering this chapter but not to exceed those costs, as specified pursuant to Section 1616.5. (b) The state department shall receive and account for all moneys received pursuant to this chapter and shall deposit them with the Treasurer for deposit in the Clinical Laboratory Improvement Fund established pursuant to Section 1302 of the Business and Professions Code. All funds received pursuant to this chapter shall, upon appropriation, be expended to administer this chapter. (c) Each license issued under this chapter shall expire 12 months from the date of its issuance. Application for renewal of license accompanied by the fee shall be filed with the department not less than 10 days prior to the expiration each year. Failure to make a timely renewal shall result in expiration of the license. (Amended by Stats. 1994, Ch. 492, Sec. 5. Effective January 1, 1995.)
  89. 1616.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 5. Revenue [1616 - 1616.5] ( Article 5 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section caps blood bank fees, sets an extra fee for additional blood collection centers, requires annual adjustment of maximum application and renewal fees, and says public entities are not exempt from the fees or related requirements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 5. Revenue [1616 - 1616.5] ( Article 5 added by Stats. 1963, Ch. 1055. ) ## 1616.5. (a) The fee required pursuant to Section 1616 for the calendar year commencing January 1, 1992, and for each fiscal year thereafter unless adjusted pursuant to subdivision (b), shall not exceed the following: One thousand five hundred dollars ($1,500) for a blood bank and no more than one blood collection center operated at the same location as the blood bank. In addition and irrespective of the location of the blood collection center, a fee of five hundred dollars ($500) for each additional blood collection center operated by the blood bank up to a maximum of one thousand five hundred dollars ($1,500) for three or more blood collection centers. (b) The maximum application and renewal fees for blood bank licenses pursuant to subdivision (a) shall be adjusted annually in the manner specified in Section 100450. The adjustments shall be rounded off to the nearest whole dollar. (c) This chapter shall not be interpreted to exempt the state, a district, city, county, or city and county, from payment of fees or from meeting the requirements established pursuant to this chapter or regulations adopted thereunder. (Amended by Stats. 1996, Ch. 1023, Sec. 169. Effective September 29, 1996.)
  90. 1617.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    The department must administer this chapter, and its authorized representatives may inspect, copy, and secure evidence to enforce compliance.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. ) ## 1617. (a) The department shall administer this chapter. (b) In order to carry out this chapter, any duly authorized representative of the department may do any of the following: (1) Enter or inspect on an announced or unannounced basis any building, premise, equipment, materials, records, or information at any reasonable time to secure compliance with, or prevent a violation of, this chapter or the regulations adopted pursuant thereto. (2) Inspect, photograph, or copy any records, reports, test results, test specimens, or other information related to the requirements of this chapter or the regulations adopted pursuant thereto. (3) Secure any sample, photograph, or other evidence from any building or premise for the purpose of enforcing this chapter or the regulations adopted pursuant thereto. (Amended by Stats. 1991, Ch. 800, Sec. 16.)
  91. 1618.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    The department may suspend, revoke, or deny licenses for violations covered by this chapter, and district and city attorneys must prosecute chapter violations when the department submits evidence in their jurisdictions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. ) ## 1618. (a) Licenses shall be suspended or revoked by the department for the violation of any provision of this chapter, or of any rule or regulation made by the department under authority conferred by this chapter. The proceedings shall be conducted in accordance with Section 100171. (b) Licenses may be denied for any reason applicable to revocation and suspension of licenses. (c) District and city attorneys shall prosecute violations of this chapter upon evidence of violations within their respective jurisdictions submitted by the department. (Amended by Stats. 1997, Ch. 220, Sec. 19. Effective August 4, 1997.)
  92. 1619.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    This section says this chapter is not in conflict with Part 5 of Division 104, and Division 104 applies to biologics under this chapter, except for products from certain licensed laboratories.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. ) ## 1619. Nothing in this chapter shall be considered to be in conflict with Part 5 (commencing with Section 109875) of Division 104 of this code and all provisions of that division shall apply to biologics within the meaning of this chapter, except that this chapter shall not apply to products of: (a) A laboratory licensed by the Public Health Service, United States Department of Health, Education and Welfare. (b) A laboratory licensed by the Animal Inspection and Quarantine Branch, Agricultural Research Service, United States Department of Agriculture. (Amended by Stats. 1996, Ch. 1023, Sec. 170. Effective September 29, 1996.)
  93. 1620.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. )

    Verify source ↗

    A violation of any provision in this chapter is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 6. Enforcement [1617 - 1620] ( Article 6 added by Stats. 1963, Ch. 1055. ) ## 1620. The violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not more than 30 days, or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 148. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  94. 1625.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 7. Blood Donations [1625 - 1626] ( Article 7 added by Stats. 1976, Ch. 917. )

    Verify source ↗

    This section defines key terms used in the blood donation article, including blood, cytapheresis, hemapheresis, industrial use, paid donor, payment, person, and transfusion.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 7. Blood Donations [1625 - 1626] ( Article 7 added by Stats. 1976, Ch. 917. ) ## 1625. As used in this article: (a) “Blood” means human whole blood or components of human blood, including plasma, which are prepared from human whole blood by physical, rather than chemical processes, but does not include blood derivatives manufactured or processed for industrial use. (b) “Cytapheresis” means the separation and collection of blood cells by hemapheresis. (c) “Hemapheresis” means the removal of whole blood from a donor, separation of the blood into components, retention of the desired components, and return of the recombined remaining elements to the donor. (d) “Industrial use” means a use of blood in which the blood is modified by physical or chemical means to produce derivatives for therapeutic or pharmaceutic biologics, laboratory reagents, or in vitro diagnostics. (e) “Paid donor” means a person who donates blood and who receives payment in return for the donation of such blood. (f) “Payment” means the transfer by a blood bank to any person of money or any other valuable consideration which can be converted to money by the recipient, except that payment shall not include any of the following: (1) Cancellation or refund of the nonreplacement fees or related blood transfusion charges. (2) Blood assurance benefits to a person as a result of a blood donation to a donor club or blood assurance program. (3) Time away from employment, with or without pay, granted by an employer to an employee in order to donate blood. (g) “Person” means any individual, blood bank, hospital, firm, corporation, or any other entity. (h) “Transfusion” means a use of blood in which the blood is administered to a human being for treatment of sickness or injury. (Amended by Stats. 1986, Ch. 1007, Sec. 2.)
  95. 1625.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 7. Blood Donations [1625 - 1626] ( Article 7 added by Stats. 1976, Ch. 917. )

    Verify source ↗

    Hemapheresis donors must provide a medical history questionnaire before every donation, and a trained interviewer must check the answers. The department may also require testing or examinations.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 7. Blood Donations [1625 - 1626] ( Article 7 added by Stats. 1976, Ch. 917. ) ## 1625.1. In addition to the requirements of Section 1602.1, subdivisions (a) to (c), inclusive, of Section 1002 of Title 17 of the California Administrative Code, and any other requirements identified by the State Department of Health Services, hemapheresis donors shall provide a medical history questionnaire completed by a trained interviewer who questions and verifies the accuracy of responses before every donation. The department may require testing or examinations to reflect changing technology and to increase the safety of blood products. (Added by Stats. 1986, Ch. 1007, Sec. 3.)
  96. 1626.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 7. Blood Donations [1625 - 1626] ( Article 7 added by Stats. 1976, Ch. 917. )

    Verify source ↗

    Blood from a paid donor generally cannot be used in a blood transfusion, unless a stated exception applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 7. Blood Donations [1625 - 1626] ( Article 7 added by Stats. 1976, Ch. 917. ) ## 1626. (a) Except as provided in subdivisions (b) and (c), it shall be unlawful, in any transfusion of blood, to use any blood that was obtained from a paid donor. (b) Subdivision (a) shall not be applicable to any transfusion of blood that was obtained from a paid donor if the physician and surgeon performing the transfusion has determined, taking into consideration the condition of the patient who is the recipient of the transfusion, that other blood of a type compatible with the blood type of the patient cannot reasonably be obtained for the transfusion. (c) Subdivision (a) shall not apply to blood platelets secured from paid donors through the hemapheresis process if all of the following requirements are satisfied: (1) The blood platelets are ordered by a doctor holding a valid California physician’s and surgeon’s certificate. (2) The blood platelets are secured from a single donor and are sufficient to constitute a complete platelet transfusion. (3) The donor’s identification number is recorded on the platelet label and is kept in the records of the entity providing the blood platelets for a minimum of five years. (4) The donor has been examined by a doctor holding a valid California physician’s and surgeon’s certificate, and a repeat donor is reexamined at least annually. (5) The transfusion is performed in a general acute care hospital. (6) The blood platelets are processed according to standards issued by the American Association of Blood Banks, pursuant to Section 1602.1. (7) The donor and blood are tested in accordance with regulations issued by the State Department of Health Services. (8) The entity providing the blood platelets is licensed by the State Department of Health Services. (9) The information that the donor of the blood platelets was compensated is printed on the label in accordance with Section 1603.5. (10) In all instances, a potential donor shall provide a blood sample, which shall be tested with the standard panel of blood tests required by the State Department of Health Services for all blood donations. The results of the testing shall be obtained, evaluated, and determined to be acceptable prior to allowing the potential donor to provide his or her first donation of platelets. In addition, all donors shall be required to schedule an appointment for platelet donation. (11) Any entity that is not collecting blood platelets from paid donors on August 1, 2000, shall obtain written permission from the director prior to compensating any donor for blood platelets. (d) Subdivision (c) shall become inoperative on January 1, 2003. (Amended by Stats. 2012, Ch. 728, Sec. 83. (SB 71) Effective January 1, 2013.)
  97. 1627.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. )

    Verify source ↗

    This section sets out the University of California’s cord blood program, including planning, contracting options, confidentiality rules, access to a person’s own information, and a program end date of January 1, 2027.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. ) ## 1627. (a) (1) The University of California is requested to develop a plan to establish and administer the Umbilical Cord Blood Collection Program for the purpose of collecting units of umbilical cord blood for public use in transplantation and providing nonclinical units for research pertaining to biology and new clinical utilization of stem cells derived from the blood and tissue of the placenta and umbilical cord. The program shall conclude no later than January 1, 2027. (2) For purposes of this article, “public use” means both of the following: (A) The collection of umbilical cord blood units from genetically diverse donors that will be owned by the University of California. This inventory shall be accessible by the National Registry and by qualified California-based and other United States and international registries and transplant centers to increase the likelihood of providing suitably matched donor cord blood units to patients or research participants who are in need of a transplant. (B) Cord blood units with a lower number of cells than deemed necessary for clinical transplantation and units that meet clinical requirements, but for other reasons are unsuitable, unlikely to be transplanted, or otherwise unnecessary for clinical use, may be made available for research. (b) (1) In order to implement the collection goals of this program, the University of California may, commensurate with available funds appropriated to the University of California for this program, contract with one or more selected applicant entities that have demonstrated the competence to collect and ship cord blood units in compliance with federal guidelines and regulations. (2) It is the intent of the Legislature that, if the University of California contracts with another entity pursuant to this subdivision, the following shall apply: (A) The University of California may use a competitive process to identify the best proposals submitted by applicant entities to administer the collection and research objectives of the program, to the extent that the University of California chooses not to undertake these activities itself. (B) In order to qualify for selection under this section to receive, process, cryopreserve, or bank cord blood units, the entity shall, at a minimum, have obtained an investigational new drug (IND) exemption from the FDA or a biologic license from the FDA, as appropriate, to manufacture clinical grade cord blood stem cell units for clinical indications. (C) In order to qualify to receive appropriate cord blood units and placental tissue to advance the research goals of this program, an entity shall, at a minimum, be a laboratory recognized as having performed peer-reviewed research on stem and progenitor cells, including those derived from placental or umbilical cord blood and postnatal tissue. (3) A medical provider or research facility shall comply with, and shall be subject to, existing penalties for violations of all applicable state and federal laws with respect to the protection of any medical information, as defined in Section 56.05 of the Civil Code, and any personally identifiable information contained in the umbilical cord blood inventory. (c) The University of California is encouraged to make every effort to avoid duplication or conflicts with existing and ongoing programs and to leverage existing resources. (d) (1) All information collected pursuant to the program shall be confidential, and shall be used solely for the purposes of the program, including research. Access to confidential information shall be limited to authorized persons who are bound by appropriate institutional policies or who otherwise agree, in writing, to maintain the confidentiality of that information. (2) Any person who, in violation of applicable institutional policies or 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 University of California, and shall be subject to a civil penalty not exceeding one thousand dollars ($1,000). The penalty provided for in this section shall not be construed to limit or otherwise restrict any remedy, provisional or otherwise, provided by law for the benefit of the University of California or any other person covered by this section. (3) Notwithstanding the restrictions of this section, an individual to whom the confidential information pertains shall have access to their own personal information. (e) It is the intent of the Legislature that the plan and implementation of the program provide for both of the following: (1) Limit fees for access to cord blood units to the reasonable and actual costs of storage, handling, and providing units, as well as for related services such as donor matching and testing of cord blood and other programs and services typically provided by cord blood banks and public use programs. (2) The submittal of the plan developed pursuant to subdivision (a) to the health and fiscal committees of the Legislature. (f) It is additionally the intent of the Legislature that the plan and implementation of the program attempt to provide for all of the following: (1) Development of a strategy to increase voluntary participation by hospitals in the collection and storage of umbilical cord blood and identify funding sources to offset the financial impact on hospitals. (2) Consideration of a medical contingency response program to prepare for and respond effectively to biological, chemical, or radiological attacks, accidents, and other public health emergencies where victims potentially benefit from treatment. (3) Exploration of the feasibility of operating the program as a self-funding program, including the potential for charging users a reimbursement fee. (Amended by Stats. 2022, Ch. 604, Sec. 1. (SB 883) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 1630.)
  98. 1628.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. )

    Verify source ↗

    The University of California may accept public and private funds to implement this article, and related fees and other money may be placed in the program fund subject to legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. ) ## 1628. (a) The University of California may accept public and private funds for the purpose of implementing this article. (b) The Umbilical Cord Blood Collection Program Fund is hereby created in the State Treasury. Any fees collected pursuant to Section 103625 shall be deposited into the fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for purposes of this article. (c) The fund may include additional federal, state, and private funds made available for purposes of the program, including, but not limited to, the fees collected for the fund pursuant to Section 103625, and, notwithstanding Section 16305.7 of the Government Code, any interest earned on moneys in the fund. (d) (1) Funds shall be appropriated for the purposes of this article to the extent the plan the University of California is requested to develop pursuant to subdivision (a) of Section 1627 and the implementation of the plan are consistent with the goals and intent of this article. (2) In the event that funds are not appropriated for the program as described in this article, it is the intent of the Legislature that the University of California shall not implement the program. (Amended by Stats. 2010, Ch. 529, Sec. 3. (AB 52) Effective September 29, 2010. Repealed as of January 1, 2027, pursuant to Section 1630.)
  99. 1629.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. )

    Verify source ↗

    The department must, when implementing the program, try to avoid duplication or conflicts with existing programs and use existing resources.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. ) ## 1629. In implementing the program, the department shall make every effort to avoid duplication or conflicts with existing and ongoing programs and to leverage existing resources. (Added by Stats. 2007, Ch. 516, Sec. 2. Effective January 1, 2008. Repealed as of January 1, 2027, pursuant to Section 1630.)
  100. 1629.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. )

    Verify source ↗

    If the University of California elects to run the Umbilical Cord Blood Collection Program, it must submit a report to the Assembly and Senate Committees on Health by January 1, 2026.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. ) ## 1629.5. (a) On or before January 1, 2026, if it elects to administer the Umbilical Cord Blood Collection Program, the University of California shall provide a report to the Assembly and Senate Committees on Health that addresses, at a minimum, all of the following: (1) The number of cord blood units collected and registered under the program, disaggregated by race and ethnicity. (2) The number of registered units transplanted as a result of the program, disaggregated by race and ethnicity. (3) The number of California residents receiving a transplant as a result of the program. (4) The number of units made available for research and a summary of key research findings as a result of the program. (5) Annual budget information on the program, including revenues, spending, and beginning- and end-of-year balances. (6) Budget information for each participating cord blood bank, including collection and storage costs and available revenues to cover those costs. (7) Fees charged by participating cord blood banks for collecting, storing, handling, and providing units, and a summary of how these fees were determined. (8) Nationwide data on cord blood units collected, registered, and transplanted, disaggregated by race and ethnicity. (9) A summary of available cell sources for a hematopoietic stem cell transplant and research on the ability of underrepresented groups to find a suitable match for a transplant. (10) Any other outcomes or data regarding the impact of the program. (b) The requirement for submitting a report imposed under subdivision (a) is inoperative on December 31, 2026, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2022, Ch. 604, Sec. 2. (SB 883) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 1630.)
  101. 1630.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. )

    Verify source ↗

    This article stays in effect only until January 1, 2027, when it is repealed.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Human Whole Blood, Human Whole Blood Derivatives, and Other Biologics [1600 - 1630] ( Chapter 4 repealed and added by Stats. 1963, Ch. 1055. ) ## ARTICLE 8. Umbilical Cord Blood Program [1627 - 1630] ( Article 8 added by Stats. 2007, Ch. 516, Sec. 2. ) ## 1630. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. (Repealed and added by Stats. 2022, Ch. 604, Sec. 4. (SB 883) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 8, commencing with Section 1627.)
  102. 1635.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 1. Definitions, Licensure, and Exceptions [1635 - 1635.2] ( Article 1 added by Stats. 1991, Ch. 801, Sec. 2. )

    Verify source ↗

    This section defines key terms used for tissue bank licensing, including department, donor, gamete bank, person, tissue, organ, tissue bank, and transplantation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 1. Definitions, Licensure, and Exceptions [1635 - 1635.2] ( Article 1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## 1635. (a) “Department” means the State Department of Public Health. (b) “Donor” means an individual, living or deceased, from whom tissue is removed. (c) “Gamete bank” means a tissue bank that collects, processes, stores, or distributes sperm, oocytes, or embryos, including a facility that provides professional reproductive services, other than those facilities exempt from tissue bank licensure. (d) “Person” means an individual, corporation, business trust, estate trust, partnership, association, state or local government, or subdivision or agency thereof, or any other legal entity. (e) (1) “Tissue” means a human cell, group of cells, including the cornea, sclera, or vitreous humor and other segments of, or the whole eye, bones, skin, arteries, sperm, oocytes, embryos, blood, other fluids, and any other portion of a human body, but shall not include an organ when recovered for transplantation or research purposes. (2) For purposes of paragraph (1), “organ” means a human kidney, liver, heart, lung, pancreas, intestine (including the esophagus, stomach, small or large intestine, or any portion of the gastrointestinal tract), or vascularized composite allograft, and associated blood vessels recovered from an organ donor during the recovery of the organ. (f) “Tissue bank” means a place, establishment, or institution that collects, processes, stores, or distributes tissue for transplantation into human beings. (g) “Transplantation” means the act or process of transferring tissue, including by ingestion, from a donor to the body of the donor or another human being. (Amended by Stats. 2019, Ch. 539, Sec. 1. (AB 785) Effective January 1, 2020.)
  103. 1635.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 1. Definitions, Licensure, and Exceptions [1635 - 1635.2] ( Article 1 added by Stats. 1991, Ch. 801, Sec. 2. )

    Verify source ↗

    Tissue banks operating in California on or after July 1, 1992 must have a current and valid tissue bank license, unless an exception in subdivision (b) applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 1. Definitions, Licensure, and Exceptions [1635 - 1635.2] ( Article 1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## 1635.1. (a) Except as provided in subdivision (b), every tissue bank operating in California on or after July 1, 1992, shall have a current and valid tissue bank license issued or renewed by the department pursuant to Section 1639.2 or 1639.3. (b) This chapter does not apply to any of the following: (1) The collection, processing, storage, or distribution of human whole blood or its derivatives by blood banks licensed pursuant to Chapter 4 (commencing with Section 1600) or any person exempt from licensure under that chapter. (2) The collection, processing, storage, or distribution of tissue for autopsy, biopsy, training, education, or for other medical or scientific research or investigation, when transplantation of the tissue is not intended or reasonably foreseeable. (3) The collection of tissue by an individual physician and surgeon from their patient or the implantation of tissue by an individual physician and surgeon into their patient. This exemption shall not be interpreted to apply to any processing or storage of the tissue, except for the processing and storage of semen by an individual physician and surgeon when the semen was collected by that physician and surgeon from a semen donor or obtained by that physician and surgeon from a tissue bank licensed under this chapter. (4) The collection, processing, storage, or distribution of fetal tissue or tissue derived from a human embryo or fetus. (5) The collection, processing, storage, or distribution by an organ procurement organization (OPO), as defined in Section 486.302 of Title 42 of the Code of Federal Regulations, if the OPO, at the time of collection, processing, storage, and distribution of the tissue, has been designated by the Secretary of Health and Human Services as an OPO and meets the requirements of Sections 486.304 and 486.306 of Title 42 of the Code of Federal Regulations, as applicable. (6) The storage of prepackaged, freeze-dried bone by a general acute care hospital. (7) The storage of freeze-dried bone and dermis by any licensed dentist practicing in a lawful practice setting, if the freeze-dried bone and dermis have been obtained from a licensed tissue bank, are stored in strict accordance with a kit’s package insert and any other manufacturer instructions and guidelines, and are used for the express purpose of implantation into a patient. (8) The storage of a human cell, tissue, or cellular- or tissue-based product (HCT/P), as defined by the federal Food and Drug Administration (FDA), that is either a medical device approved pursuant to Section 510 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360 et seq.) or that is a biologic product approved under Section 351 of the federal Public Health Service Act (42 U.S.C. Sec. 262) by a licensed physician or podiatrist acting within the scope and authority of their license and practicing in a lawful practice setting. The medical device or biologic product must have been obtained from a California-licensed tissue bank, been stored in strict accordance with the device’s or product’s package insert and any other manufacturer instructions, and used solely for the express purpose of direct implantation into or application on the practitioner’s own patient. In order to be eligible for the exemption in this paragraph, the entity or organization where the physician or podiatrist who is eligible for the exemption is practicing shall notify the department, in writing, that the practitioner is licensed and meets the requirements of this paragraph. The notification shall include all of the following: (A) A list of all practitioners to whom the notice applies. (B) Acknowledgment that each listed practitioner uses the medical device or biologic product in the scope and authority of their license and practice for the purposes of direct patient care as described in this paragraph. (C) A statement that each listed practitioner agrees to strictly abide by the directions for storage in the device’s or product’s package insert and any other manufacturer instructions and guidelines. (D) Acknowledgment by each practitioner that the medical device or biologic product shall not be resold or distributed. (9) The collection, processing, storage, or distribution of any organ, as defined in paragraph (2) of subdivision (c) of Section 1635, within a single general acute care hospital, as defined in subdivision (a) of Section 1250, operating a Medicare-approved transplant program. (10) The storage of allograft tissue by a person if all of the following apply: (A) The person, as defined in Section 1635, is a hospital, or an outpatient setting regulated by the Medical Board of California pursuant to Chapter 1.3 (commencing with Section 1248), including an ambulatory surgical center. (B) The person maintains a log that includes the date on which the allograft tissue was received, the expiration date of the allograft tissue, the date on which each allograft tissue is used for clinical purposes, and the disposition of any allograft tissue samples that remain unused at the time the allograft tissue expires. (C) The allograft tissue meets all of the following: (i) The allograft tissue was obtained from a tissue bank licensed by the state. (ii) Each allograft tissue is individually boxed and labeled with a unique identification number and expiration date so that opening the shipping container will not disturb or otherwise alter any of the allograft tissue that is not being utilized. (iii) The allograft tissue is intended for the express purpose of implantation into or application on a patient. (iv) The allograft tissue is not intended for further distribution. (v) The allograft tissue is registered with the FDA and designated to be maintained at ambient room temperature requiring no refrigeration. (11) The storage or preparation for patient administration of tissue performed at a clinical trial site that is intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs or devices if the investigation is conducted in accordance with the requirements of Section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355(i)) or Section 520(g) thereof (21 U.S.C. Sec. 360j(g)) and the regulations adopted pursuant to the federal act. (12) The storage or distribution of pasteurized donor human milk that was obtained from a tissue bank, licensed pursuant to this chapter, by a general acute care hospital. A general acute care hospital that is exempt from licensure as a tissue bank pursuant to this paragraph shall comply with the requirements of subdivision (b) of Section 1648. (Amended by Stats. 2024, Ch. 975, Sec. 2. (AB 3059) Effective January 1, 2025.)
  104. 1635.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 1. Definitions, Licensure, and Exceptions [1635 - 1635.2] ( Article 1 added by Stats. 1991, Ch. 801, Sec. 2. )

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    Tissue collection, processing, storage, or distribution for transplantation is treated as a service and is exempt from Division 2 of the Commercial Code, starting with Section 2101.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 1. Definitions, Licensure, and Exceptions [1635 - 1635.2] ( Article 1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## 1635.2. The Legislature hereby declares its intent that the collection, processing, storage, or distribution of tissue for the purpose of transplantation, as regulated by this chapter, shall be deemed a service by those persons engaged in these activities. Therefore, the collection, processing, storage, or distribution of tissue for the purpose of transplantation, as regulated by this chapter, shall not be subject to the requirements of Division 2 (commencing with Section 2101) of the Commercial Code. (Added by Stats. 1991, Ch. 801, Sec. 2.)
  105. 1643.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 3. Suspension or Revocation of License [1643 - 1643.2] ( Article 3 added by Stats. 1991, Ch. 801, Sec. 2. )

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    The state department may suspend or revoke a tissue bank license for listed violations or misconduct, and the director must consider rehabilitation evidence.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 3. Suspension or Revocation of License [1643 - 1643.2] ( Article 3 added by Stats. 1991, Ch. 801, Sec. 2. ) ## 1643. The state department may suspend or revoke any license issued under this chapter for any of the following reasons: (a) Violation by the licensee of this chapter or any rule or regulation adopted under this chapter. (b) Aiding, abetting, or permitting the violation of any provision of this chapter, the rules or regulations adopted under this chapter or the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code). (c) Proof that the licensee has made false statements in any material regard on the application for a tissue bank license. (d) Conduct inimical to the public health, morals, welfare, or safety of the people of the State of California in the maintenance or operation of the premises or services for which a license is issued. (e) Conduct prohibited under Section 367f of the Penal Code and under Section 274e of Title 42 of the United States Code. (f) The conviction of a licensee or the person in charge of the tissue bank of any crime which is substantially related to the qualifications or duties of the licensee or the person in charge of the tissue bank or which is substantially related to the functions of the tissue bank. For purposes of this section, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action to revoke or suspend the license may be taken when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting withdrawal of a plea of guilty and entry of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. The director shall take into account all competent evidence of rehabilitation furnished by the licensee or person in charge of the tissue bank. (Added by Stats. 1991, Ch. 801, Sec. 2.)
  106. 1643.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 3. Suspension or Revocation of License [1643 - 1643.2] ( Article 3 added by Stats. 1991, Ch. 801, Sec. 2. )

    Verify source ↗

    Proceedings to suspend or revoke licenses under this chapter must follow Section 100171.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 3. Suspension or Revocation of License [1643 - 1643.2] ( Article 3 added by Stats. 1991, Ch. 801, Sec. 2. ) ## 1643.1. Proceedings for the suspension or revocation of licenses under this chapter shall be conducted in accordance with Section 100171. (Amended by Stats. 1997, Ch. 220, Sec. 21. Effective August 4, 1997.)
  107. 1643.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 3. Suspension or Revocation of License [1643 - 1643.2] ( Article 3 added by Stats. 1991, Ch. 801, Sec. 2. )

    Verify source ↗

    The state department may temporarily suspend a tissue bank license before a hearing if needed to protect public welfare.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.1. Tissue Banks [1635 - 1643.2] ( Chapter 4.1 added by Stats. 1991, Ch. 801, Sec. 2. ) ## ARTICLE 3. Suspension or Revocation of License [1643 - 1643.2] ( Article 3 added by Stats. 1991, Ch. 801, Sec. 2. ) ## 1643.2. The state department may temporarily suspend any license issued under this chapter prior to any hearing, when it has determined that the action is necessary to protect the public welfare. The state department shall notify the licensee of the temporary suspension and the effective date thereof and at the same time shall serve the licensee with an accusation. Upon receipt of a notice of defense by the licensee, the matter shall, within 15 days, be set for hearing. The hearing shall be held as soon as possible but not later than 30 days after receipt of such notice. The temporary suspension shall remain in effect until such time as the hearing is completed and the state department has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the state department fails to make a final determination on the merits within 60 days after the original hearing has been completed. (Added by Stats. 1991, Ch. 801, Sec. 2.)
  108. 1644.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. )

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    This section defines key terms used in Chapter 4.2, including HIV, identifying information, and medical information, and points several other terms to definitions in Section 1635.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. ) ## 1644. (a) For purposes of this chapter, “donor,” “person,” “tissue,” “transplantation,” and “department” shall have the meaning as defined for those terms in Section 1635. (b) For purposes of this chapter, “HIV” shall mean human immunodeficiency virus. (c) “Identifying information” means the full name of the donor, the donor’s date of birth, and the permanent address or other contact information, or both, given at the time of donation, or, if different, the current address or other contact information, or both, of the donor retained by the gamete bank. (d) “Medical information” means information regarding a present illness of the donor, past illness of the donor, and social, genetic, and family history of the donor. (Amended by Stats. 2019, Ch. 539, Sec. 2. (AB 785) Effective January 1, 2020.)
  109. 1644.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. )

    Verify source ↗

    Licensed gamete banks must collect and keep donor information, and in some cases must also keep the source bank’s contact details. They must disclose the collected information as Section 1644.3 requires.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. ) ## 1644.1. (a) A gamete bank licensed in this state shall collect and retain from a gamete donor the donor’s identifying information and medical information at the time of the donation. A gamete bank licensed in this state that receives gametes from a donor collected by another gamete bank shall collect and retain the name, address, telephone number, and email address of the gamete bank from which the gametes were received. (b) A gamete bank licensed in this state shall disclose the information collected under subdivision (a) as provided in Section 1644.3. (c) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation. (d) This section shall apply only to gametes collected on or after January 1, 2020. (Amended by Stats. 2019, Ch. 539, Sec. 3. (AB 785) Effective January 1, 2020.)
  110. 1644.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. )

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    A licensed gamete bank that collects gametes must give donors identity-disclosure information, obtain a declaration, keep donor and screening records, and allow withdrawal of a non-disclosure declaration. The section does not apply when the donor’s identity was already known to the recipient, and it applies only to gametes collected on or after January 1, 2020.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. ) ## 1644.2. (a) A gamete bank licensed in this state that collects gametes from a donor shall do all of the following: (1) Provide the donor with information in a record about the donor’s choice regarding identity disclosure. (2) Obtain a declaration from the donor regarding identity disclosure. (3) Maintain identifying information and medical information about each gamete donor. The gamete bank shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable law of this state other than this chapter. (b) A gamete bank licensed in this state shall give a donor the choice to sign a declaration, attested by a notary or witnessed, that does either of the following: (1) States that the donor agrees to disclose the donor’s identity to a child conceived by assisted reproduction with the donor’s gametes, on request, once the child attains 18 years of age. (2) States that the donor does not agree presently to disclose the donor’s identity to the child. (c) A gamete bank licensed in this state shall permit a donor who has signed a declaration that the donor does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b) to withdraw the declaration at any time by signing a declaration that the donor agrees to disclose the donor’s identity under paragraph (1) of subdivision (b). (d) A gamete bank licensed in this state is not required to collect gametes from a donor who does not agree to disclose the donor’s identity under paragraph (2) of subdivision (b). (e) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation. (f) This section shall apply only to gametes collected on or after January 1, 2020. (Amended by Stats. 2019, Ch. 539, Sec. 4. (AB 785) Effective January 1, 2020.)
  111. 1644.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. )

    Verify source ↗

    Certain licensed gamete banks must provide donor-identifying information or nonidentifying medical information on request, subject to a donor-declaration exception and a known-donor exception.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. ) ## 1644.3. (a) On request of a child conceived by assisted reproduction using donor gametes who attains 18 years of age, a gamete bank licensed in this state that collected the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes, unless the donor signed and did not withdraw a declaration under paragraph (2) of subdivision (b) of Section 1644.2. If the donor signed and did not withdraw the declaration, the gamete bank shall make a good faith effort to notify the donor, who may elect under subdivision (c) of Section 1644.2 to withdraw the declaration and agree to release the donor’s information. (b) On request of a child conceived by assisted reproduction using donor gametes who attains 18 years of age, a gamete bank licensed in this state that received the gametes used in the assisted reproduction from another gamete bank shall disclose the name, address, telephone number, and email address of the gamete bank from which the gametes were received. (c) Regardless whether a donor signed a declaration under paragraph (2) of subdivision (b) of Section 1644.2, on request from a child conceived by assisted reproduction using donor gametes who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank licensed in this state that collected the gametes used in the assisted reproduction shall provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical information provided by the donor. (d) This section does not apply to gametes collected from a donor whose identity is known to the recipient of the gametes at the time of the donation. (e) This section shall apply only to gametes collected on or after January 1, 2020. (Amended by Stats. 2019, Ch. 539, Sec. 5. (AB 785) Effective January 1, 2020.)
  112. 1644.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. )

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    This section requires screening and testing before certain tissue and sperm uses, limits when reactive sperm may be used, and bars use of reactive donor breast milk for milk banks in California.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. ) ## 1644.5. (a) Except as provided in subdivision (c) or (d), tissues shall not be transferred into the body of another person by means of transplantation, unless the donor of the tissues has been screened and found nonreactive by laboratory tests for evidence of infection with human immunodeficiency virus (HIV), agents of viral hepatitis (HBV and HCV), and syphilis. For tissues that are rich in viable leukocytes, the tissue shall be tested for evidence of infection with human T-lymphotropic virus (HTLV) and found nonreactive. The department may adopt regulations requiring additional screening tests of donors of tissues when, in the opinion of the department, the action is necessary for the protection of the public, donors, or recipients. (b) Notwithstanding subdivision (a), infectious disease screening of blood and blood products shall be carried out solely in accordance with Article 2 (commencing with Section 1602.5) of Chapter 4. (c) All donors of sperm shall be screened and found nonreactive as required under subdivision (a), except in the following instances: (1) A recipient of sperm, from a sperm donor known to the recipient, may waive a second or other repeat testing of that donor if the recipient is informed of the requirements for testing donors under this section and signs a written waiver. (2) A recipient of sperm may consent to therapeutic insemination of sperm or use of sperm in other assisted reproductive technologies even if the sperm donor is found reactive for hepatitis B, hepatitis C, syphilis, HIV, or HTLV if the sperm donor is the spouse of, partner of, or designated donor for that recipient. The physician providing insemination or assisted reproductive technology services shall advise the donor and recipient of the potential medical risks associated with receiving sperm from a reactive donor. The donor and the recipient shall sign a document affirming that each person comprehends the potential medical risks of using sperm from a reactive donor for the proposed procedure and that each consents to it. Copies of the document shall be placed in the medical records of the donor and the recipient. (3) (A) Sperm whose donor has tested reactive for syphilis may be used for the purposes of insemination or assisted reproductive technology only after the donor has been treated for syphilis. Sperm whose donor has tested reactive for hepatitis B may be used for the purposes of insemination or assisted reproductive technology only after the recipient has been vaccinated against hepatitis B. (B) (i) Sperm whose donor has tested reactive for HIV or HTLV may be used for the purposes of insemination or assisted reproductive technology for a recipient testing negative for HIV or HTLV only after the donor’s sperm has been effectively processed to minimize the likelihood of transmission through the sperm for that specific donation and if informed and mutual consent has occurred. (ii) The department shall adopt regulations regulating facilities that perform sperm processing, pursuant to this subparagraph, that prescribe standards for the handling and storage of sperm samples of carriers of HIV, HTLV, or any other virus as deemed appropriate by the department. The department may propose to adopt, as initial regulations, the most relevant and up-to-date recommendations published by the American Society for Reproductive Medicine. Notice of the department’s proposed adoption of the regulations shall be posted on the department’s Internet Web site for at least 45 days. Public comment shall be accepted by the department for at least 30 days after the conclusion of the 45-day posting period. If a member of the public requests a public hearing during the 30-day comment period, the hearing shall be held prior to the adoption of the regulations. If no member of the public requests a public hearing, the regulations shall be deemed adopted at the conclusion of the 30-day comment period. Comments received shall be considered prior to the adoption of the final initial regulations. The department may modify any recommendations published by the American Society for Reproductive Medicine. Adoption of initial regulations by the department pursuant to this subdivision shall not be subject to the rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and written responses to public comments shall not be required. Updates to the regulations shall be adopted pursuant to the same process. Until the department adopts these regulations, facilities that perform sperm processing pursuant to this section shall follow facility and sperm processing recommendations for the reduction of viral transmission developed by the American Society for Reproductive Medicine. This section does not prevent the department from monitoring and inspecting facilities that process sperm to ensure adherence to the regulations, or, until regulations are adopted, to the recommendations set forth by the American Society for Reproductive Medicine. (iii) Before insemination or other assisted reproductive technology services are performed, the physician providing the services shall inform the recipient of sperm from a spouse, partner, or designated donor who has tested reactive for HIV or HTLV of all of the following: (I) That sperm processing may not eliminate all of the risks of HIV or HTLV transmission. (II) That the sperm may be tested to determine whether or not it is reactive for HIV or HTLV. (III) That the recipient shall provide documentation to the physician providing insemination or assisted reproductive technology services prior to treatment that she has established an ongoing relationship with another physician to provide for her medical care during and after completion of fertility services. (IV) The most relevant and up-to-date recommendations published by the American Society for Reproductive Medicine regarding followup testing for HIV and HTLV after use of sperm from an HIV or HTLV reactive donor and have the recommendations regarding followup testing be documented in the recipient’s medical record. (iv) The physician providing insemination or assisted reproductive technology services shall also verify, and document in the recipient’s medical record, that the donor of sperm who tests reactive for HIV or HTLV is under the care of a physician managing the HIV or HTLV. (v) The physician providing insemination or assisted reproductive technology services shall recommend to the physician who will be providing ongoing care to the recipient recommended followup testing for HIV and HTLV according to the most relevant and up-to-date guidelines published by the American Society for Reproductive Medicine, which shall be documented in the recipient’s medical record. (vi) If the recipient becomes HIV or HTLV positive, the physician assuming ongoing care of the recipient shall treat or provide information regarding referral to a physician who can provide ongoing treatment of the HIV or HTLV. (4) A recipient of sperm donated by a sexually intimate partner of the recipient for reproductive use may waive a second or repeat testing of that donor if the recipient is informed of the donor testing requirements of this section and signs a written waiver. For purposes of this paragraph, “sexually intimate partner of the recipient” includes a known or designated donor to whose sperm the recipient has previously been exposed in a nonmedical setting in an attempt to conceive. (d) Subdivision (a) does not apply to the transplantation of tissue from a donor who has not been tested or, with the exception of HTLV, has been found reactive for the infectious diseases listed in subdivision (a) or for which the department has, by regulation, required additional screening tests, if all of the following conditions are satisfied: (1) The physician and surgeon performing the transplantation has determined any one or more of the following: (A) Without the transplantation the intended recipient will most likely die during the period of time necessary to obtain other tissue or to conduct the required tests. (B) The intended recipient already is diagnosed with the infectious disease for which the donor has tested positive. (C) The symptoms from the infectious disease for which the donor has tested positive will most likely not appear during the intended recipient’s likely lifespan after transplantation with the tissue or may be treated prophylactically if they do appear. (2) The physician and surgeon performing the transplantation has ensured that an organ from an individual who has been found reactive for HIV may be transplanted only into an individual who satisfies both of the following: (A) The individual has been found reactive for HIV before receiving the organ. (B) The individual is either participating in clinical research approved by an institutional review board under the criteria, standards, and regulations described in subsections (a) and (b) of Section 274f-5 of Title 42 of the United States Code, or, if the United States Secretary of Health and Human Services determines under subsection (c) of Section 274f-5 of Title 42 of the United States Code that participation in this clinical research is no longer warranted as a requirement for transplants, the individual is receiving the transplant under the standards and regulations under subsection (c) of Section 274f-5 of Title 42 of the United States Code. (3) Consent for the use of the tissue has been obtained from the recipient, if possible, or if not possible, from a member of the recipient’s family, or the recipient’s legal guardian. For purposes of this section, “family” means spouse, adult son or daughter, either parent, adult brother or sister, or grandparent. (e) The penalties prescribed in Section 120290 do not apply to a sperm donor covered under subdivision (c) or an organ or tissue donor who donates an organ or tissue for transplantation or research purposes. (f) Human breast milk from donors who test reactive for agents of viral hepatitis (HBV and HCV), HTLV, HIV, or syphilis shall not be used for deposit into a milk bank for human ingestion in California. (Amended by Stats. 2017, Ch. 537, Sec. 3. (SB 239) Effective January 1, 2018.)
  113. 1644.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. )

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    Physicians, surgeons, and certain tissue banks get protection from liability or discipline for using sperm from a sexually intimate partner, if consent and Section 1644.5 requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.2. Donations of Organs, Tissues,or Body Fluids [1644 - 1644.6] ( Heading of Chapter 4.2 renumbered from Chapter 4.1 by Stats. 1991, Ch. 801, Sec. 3. ) ## 1644.6. (a) No physician and surgeon shall be subject to liability for damages for any cause of action based solely on the use of sperm donated by a sexually intimate partner of the recipient if both of the following conditions are met: (1) The physician and surgeon provides insemination or assisted reproductive technology services and has obtained the informed consent of the recipient, who waives second or other repeat testing of the sexually intimate partner and acknowledges and accepts the risks of using sperm from a sexually intimate partner who has not undergone repeat testing, in accordance with paragraph (1) of subdivision (c) of Section 1644.5. (2) The physician and surgeon complies with the applicable requirements specified in Section 1644.5. (b) No physician and surgeon shall be subject to disciplinary action against his or her professional license, or subject to peer review by a professional association peer review body, as defined in clause (iii) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 805 of the Business and Professions Code, because the physician and surgeon used sperm donated by a sexually intimate partner of the recipient in providing insemination or assisted reproductive technology services if both of the following conditions are met: (1) The physician and surgeon has obtained the informed consent of the recipient who waives second or other repeat testing of the sexually intimate partner and acknowledges and accepts the risks of using sperm from a sexually intimate partner who has not undergone repeat testing, in accordance with paragraph (1) of subdivision (c) of Section 1644.5. (2) The physician and surgeon complies with the applicable requirements specified in Section 1644.5. (c) A tissue bank that is owned and operated by a physician and surgeon shall not be subject to disciplinary action against its license because of the use of sperm donated by a sexually intimate partner of the recipient in providing insemination or assisted reproductive technology services if both of the following conditions are met: (1) A physician and surgeon affiliated with the tissue bank has obtained the informed consent of the recipient, who waives second or other repeat testing of the sexually intimate partner and acknowledges and accepts the risks of using sperm from a sexually intimate partner who has not undergone repeat testing, in accordance with paragraph (1) of subdivision (c) of Section 1644.5. (2) The physician and surgeon complies with the applicable requirements specified in Section 1644.5. (d) Nothing in this section shall create a duty for a physician and surgeon to use sperm donated by a sexually intimate partner of the recipient in providing insemination or assisted reproductive technology services if the physician and surgeon reasonably concludes that the insemination or services do not meet the 2008 American Society for Reproductive Medicine guidelines for gamete and embryo donation. (e) Nothing in this section shall be construed to affect any liability that may be imposed pursuant to a federal rule or regulation when a physician and surgeon, or tissue bank provides insemination or assisted reproductive technology services. (f) For purposes of this section, “sexually intimate partner” includes a known or designated donor to whose sperm the recipient has previously been exposed in a nonmedical setting in an attempt to conceive. (Added by Stats. 2012, Ch. 699, Sec. 3. (AB 2356) Effective January 1, 2013.)
  114. 1644.7.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.4. Genetic Depositories [1644.7 - 1644.9] ( Chapter 4.4 added by Stats. 2004, Ch. 775, Sec. 2.5. )

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    Entities that receive human genetic material for conception must give the depositor a form about the depositor’s intent for future use of that material.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.4. Genetic Depositories [1644.7 - 1644.9] ( Chapter 4.4 added by Stats. 2004, Ch. 775, Sec. 2.5. ) ## 1644.7. Any entity that receives genetic material of a human being that may be used for conception shall provide to the person depositing his or her genetic material a form for use by the depositor that, if signed by the depositor, would satisfy the conditions set forth in Section 249.5 of the Probate Code, regarding the decedent’s intent for the use of that material. The use of the form is not mandatory, and the form is not the exclusive means of expressing a depositor’s intent. The form shall include advisements in substantially the following form: “The use of this form for designating whether a child conceived after your death will be your heir is not mandatory. However, if you wish to allow a child conceived after your death to be considered as your heir (or beneficiary of other benefits such as life insurance or retirement) you must specify that in writing and you must sign that written expression of intent. This specification can be revoked or amended only in writing signed by you (and not by spoken words). You should consider how having a child conceived after your death affects your estate planning (including your will, trust, and other beneficiary designations for retirement benefits, life insurance, financial accounts, etc.) These issues can be complex, and you should discuss them with your attorney.” (Added by Stats. 2004, Ch. 775, Sec. 2.5. Effective January 1, 2005.)
  115. 1644.8.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.4. Genetic Depositories [1644.7 - 1644.9] ( Chapter 4.4 added by Stats. 2004, Ch. 775, Sec. 2.5. )

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    An entity receiving certain human genetic material must provide the depositor a revocation form, and the form must include specified advisements.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.4. Genetic Depositories [1644.7 - 1644.9] ( Chapter 4.4 added by Stats. 2004, Ch. 775, Sec. 2.5. ) ## 1644.8. Any entity that receives genetic material of a human being that may be used for conception shall make available to the person depositing his or her genetic material a form that, if signed by the depositor, would revoke any previous expression of intent regarding the use of his or her genetic material necessary to satisfy the conditions set forth in Section 249.5 of the Probate Code. The use of the form is not mandatory, and the form is not the exclusive means of expressing a depositor’s intent with respect to revocation or amendment of a prior expression of intent. The form shall include advisements in substantially the following form: “The use of this form to revoke or amend a previous form for designating whether a child conceived after your death will be your heir is not mandatory. This specification can be revoked or amended only in a writing signed by you (and not by spoken words). These issues can be complex, and you should discuss them with your attorney.” (Added by Stats. 2004, Ch. 775, Sec. 2.5. Effective January 1, 2005.)
  116. 1644.9.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.4. Genetic Depositories [1644.7 - 1644.9] ( Chapter 4.4 added by Stats. 2004, Ch. 775, Sec. 2.5. )

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    This section says the chapter does not apply to somatic nuclear transfer technology used to create a human being that shares all nuclear genes with the nucleus donor, and it defines “somatic cell nuclear transfer.”

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.4. Genetic Depositories [1644.7 - 1644.9] ( Chapter 4.4 added by Stats. 2004, Ch. 775, Sec. 2.5. ) ## 1644.9. This chapter does not apply to the application of somatic nuclear transfer technology to the creation of a human being that shares all of its nuclear genes with the person donating the implanted nucleus, commonly known as human cloning. For purposes of this section, the phrase “somatic cell nuclear transfer” means the process in which the nucleus of a somatic cell of an organism is transferred into an enucleated oocyte. (Added by Stats. 2004, Ch. 775, Sec. 2.5. Effective January 1, 2005.)
  117. 1645.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.5. The Paul Gann Blood Safety Act [1645- 1645.] ( Chapter 4.5 added by Stats. 1989, Ch. 1365, Sec. 2. )

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    Before a blood transfusion may be needed, a doctor must inform the patient about blood options using the state-written summary, and the person providing the summary must note that it was given.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.5. The Paul Gann Blood Safety Act [1645- 1645.] ( Chapter 4.5 added by Stats. 1989, Ch. 1365, Sec. 2. ) ## 1645. (a) Whenever there is a reasonable possibility, as determined by a physician and surgeon or doctor of podiatric medicine, that a blood transfusion may be necessary as a result of a medical or surgical procedure, the physician and surgeon or doctor of podiatric medicine, by means of a standardized written summary as most recently developed or revised by the State Department of Public Health pursuant to subdivision (e), shall inform, either directly or through a nurse practitioner, certified nurse midwife, or a physician assistant, who is licensed in the state and authorized to order a blood transfusion, the patient of the positive and negative aspects of receiving autologous blood and directed and nondirected homologous blood from volunteers. For purposes of this section, the term “autologous blood” includes, but is not limited to, predonation, intraoperative autologous transfusion, plasmapheresis, and hemodilution. (b) The person who provided the patient with the standardized written summary pursuant to subdivision (a) shall note on the patient’s medical record that the standardized written summary was given to the patient. (c) Subdivisions (a) and (b) shall not apply when medical contraindications or a life-threatening emergency exists. (d) When there is no life-threatening emergency and there are no medical contraindications, the physician and surgeon or doctor of podiatric medicine shall allow adequate time prior to the procedure for predonation to occur. Notwithstanding this chapter, if a patient waives allowing adequate time prior to the procedure for predonation to occur, a physician and surgeon or doctor of podiatric medicine shall not incur any liability for his or her failure to allow adequate time prior to the procedure for predonation to occur. (e) The State Department of Public Health shall develop and annually review, and if necessary revise, a standardized written summary which explains the advantages, disadvantages, risks, and descriptions of autologous blood, and directed and nondirected homologous blood from volunteer donors. These blood options shall include, but not be limited to, the blood options described in subdivision (a). The summary shall be written so as to be easily understood by a layperson. (f) The Medical Board of California shall publish the standardized written summary prepared pursuant to subdivision (e) by the State Department of Public Health and shall distribute copies thereof, upon request, to physicians and surgeons and doctors of podiatric medicine. The Medical Board of California shall make the summary available for a fee not exceeding in the aggregate the actual costs to the State Department of Public Health and the Medical Board of California for developing, updating, publishing and distributing the summary. Physicians and surgeons and doctors of podiatric medicine shall purchase the written summary from the Medical Board of California for, or purchase or otherwise receive the written summary from the Web site of the board or any other entity for, distribution to their patients as specified in subdivision (a). Clinics, health facilities, and blood collection centers may purchase the summary if they desire. (g) Any entity may reproduce the written summary prepared pursuant to subdivision (e) by the State Department of Public Health and distribute the written summary to physicians and surgeons and doctors of podiatric medicine. (Amended by Stats. 2007, Ch. 88, Sec. 1. Effective January 1, 2008.)
  118. 1647.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.75. Human Milk [1647 - 1648] ( Chapter 4.75 added by Stats. 1999, Ch. 87, Sec. 2. )

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    Human milk handled by nonprofit organizations and their employees for human consumption is treated as a service, not a sale.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.75. Human Milk [1647 - 1648] ( Chapter 4.75 added by Stats. 1999, Ch. 87, Sec. 2. ) ## 1647. The procurement, processing, distribution, or use of human milk for the purpose of human consumption shall be construed to be, and is declared to be for all purposes, the rendition of a service by each and every nonprofit organization and its employees participating therein, and shall not be construed to be, and is declared not to be, a sale of the human milk for any purpose or purposes. (Added by Stats. 1999, Ch. 87, Sec. 2. Effective January 1, 2000.)
  119. 1648.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.75. Human Milk [1647 - 1648] ( Chapter 4.75 added by Stats. 1999, Ch. 87, Sec. 2. )

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    Hospitals handling human milk for a mother’s own child, or human milk from a licensed tissue bank, are exempt from tissue bank licensure requirements; other hospitals handling human milk must get a tissue bank license.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.75. Human Milk [1647 - 1648] ( Chapter 4.75 added by Stats. 1999, Ch. 87, Sec. 2. ) ## 1648. (a) A hospital collecting, processing, storing, or distributing human milk collected from a mother exclusively for the mother’s own child, or a hospital storing or distributing human milk obtained from a tissue bank that is licensed pursuant to Chapter 4.1 (commencing with Section 1635), is exempt from the requirements of Chapter 4.1 (commencing with Section 1635). Hospitals that collect, process, store, or distribute human milk in any other circumstance shall obtain a tissue bank license pursuant to Chapter 4.1 (commencing with Section 1635). (b) A hospital that is exempt from tissue bank licensure pursuant to subdivision (a) shall comply with the most current standards established for the collection, processing, storage, or distribution of human milk by the Human Milk Banking Association of North America or other standards approved by the department. (c) Notwithstanding any other provision of law, no screening tests shall be required to be performed on human milk collected from a mother exclusively for the mother’s own child. (d) The department shall assess hospital processes for collecting, processing, storing, or distributing human milk pursuant to its current practice, as required by Chapter 2 (commencing with Section 1250). (Amended by Stats. 2024, Ch. 975, Sec. 3. (AB 3059) Effective January 1, 2025.)
  120. 1649.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. )

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    This section names the chapter and says it is intended to support terminally ill patients using medicinal cannabis in specified health care facilities, subject to other cannabis law provisions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. ) ## 1649. (a) This chapter shall be known, and may be cited, as the “Compassionate Access to Medical Cannabis Act” or “Ryan’s Law.” (b) It is the intent of the Legislature in enacting this chapter to support the ability of a terminally ill patient to safely use medicinal cannabis within specified health care facilities in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10. (Added by Stats. 2021, Ch. 384, Sec. 1. (SB 311) Effective January 1, 2022.)
  121. 1649.1.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. )

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    This section defines key terms used in the chapter, including “health care facility,” “home health agency,” “medicinal cannabis,” “patient,” and “terminally ill.”

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. ) ## 1649.1. Unless the context requires otherwise, the following definitions shall apply for purposes of this chapter: (a) “Compassionate Use Act of 1996” means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act. (b) (1) Except as provided in paragraph (2), “health care facility” means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250 or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2. (2) The meaning of “health care facility” shall not include any of the following: (A) A chemical dependency recovery hospital. (B) A state hospital. (C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care. (c) “Home health agency” means a private or public organization, including, but not limited to, any partnership, corporation, political subdivision of the state, or other government agency within the state, that provides, or arranges for the provision of, skilled nursing services, to persons in their temporary or permanent place of residence and is licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2. (d) “Medicinal cannabis” means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10. (e) “Patient” means an individual who meets one or both of the following criteria: (1) Is terminally ill. (2) Is over 65 years of age with a chronic disease for which the patient has received a physician’s assessment declaring that the patient has a serious medical condition, as defined by subdivision (h) of Section 11362.7 and that the use of medicinal cannabis is appropriate. (f) “Terminally ill” means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course. (Amended by Stats. 2023, Ch. 484, Sec. 1. (SB 302) Effective January 1, 2024.)
  122. 1649.2.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. )

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    Health care facilities must allow medicinal cannabis use with listed safeguards, and some facilities must restrict smoking or vaping.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. ) ## 1649.2. (a) Except as provided in subdivision (b), a health care facility shall permit patient use of medicinal cannabis, as indicated by the attending physician, as defined by Section 11362.7, in the patient’s medical record and shall do all of the following: (1) (A) A home health agency shall prohibit smoking or vaping immediately before or while home health agency staff are present in the residence. (B) All other health facilities shall prohibit smoking or vaping as methods to use medicinal cannabis. (2) Include the use of medicinal cannabis within the patient’s medical records. (3) Require a patient to provide a copy of the patient’s valid identification card, as described in Section 11362.715, or a copy of that patient’s written documentation as defined in Section 11362.7. (4) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis. (5) Require medicinal cannabis to be stored securely at all times in a locked container in the patient’s room, other designated area, or with the patient’s primary caregiver. This requirement does not apply to a home health agency. (6) Prohibit health care professionals, health care facility staff, and home health agency staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage. (7) Develop, disseminate, and train health facility staff on the written guidelines developed by the facility for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter. This requirement does not apply to a home health agency. (8) Ensure that a patient is not denied admission to the health care facility in whole or in part because of the patient’s use of medicinal cannabis. (b) Notwithstanding subdivision (a), a general acute care hospital specified in subdivision (a) of Section 1250 shall not permit a patient with a chronic disease to use medicinal cannabis unless the patient meets the definition of “terminally ill” in subdivision (f) of Section 1649.1. (Amended by Stats. 2024, Ch. 492, Sec. 5. (SB 1511) Effective January 1, 2025.)
  123. 1649.3.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. )

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    At discharge, the patient or primary caregiver must remove any remaining medicinal cannabis. If they cannot, the product must be kept in a locked container until disposed of under the health facility’s policy.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. ) ## 1649.3. (a) Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patient’s primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis. (b) Subdivision (a) does not apply to a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2. (Amended by Stats. 2023, Ch. 484, Sec. 3. (SB 302) Effective January 1, 2024.)
  124. 1649.4.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. )

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    A health care facility is not required to provide or furnish a patient with a recommendation to use medicinal cannabis, and it is not required to include medicinal cannabis in a patient’s discharge plan.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. ) ## 1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patient’s discharge plan. (Amended by Stats. 2022, Ch. 242, Sec. 5. (SB 988) Effective January 1, 2023.)
  125. 1649.5.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. )

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    The State Department of Public Health enforces this chapter, and compliance with it cannot be used as a condition for getting, keeping, or renewing a health care facility license.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. ) ## 1649.5. (a) This chapter shall be enforced by the State Department of Public Health. (b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility. (c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. (Amended by Stats. 2022, Ch. 242, Sec. 6. (SB 988) Effective January 1, 2023.)
  126. 1649.6.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. )

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    A health care facility may pause compliance with Section 1649.2 if certain federal agencies take listed actions or make an inquiry, but it cannot forbid patient use of medicinal cannabis just because cannabis is federally classified as Schedule I or because of pre-existing federal constraints.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4.9. Compassionate Access to Medical Cannabis Act or Ryan’s Law [1649 - 1649.6] ( Chapter 4.9 added by Stats. 2021, Ch. 384, Sec. 1. ) ## 1649.6. (a) If a federal regulatory agency, the United States Department of Justice (US DOJ), or the federal Centers for Medicare and Medicaid Services (CMS) takes one of the following actions, or makes an inquiry about the health care facility’s activities pursuant to Section 1649.2, a health care facility may suspend compliance with Section 1649.2 until the regulatory agency, the US DOJ, or CMS notifies the health care facility that it may resume permitting the use of medicinal cannabis within the facility: (1) A federal regulatory agency or the US DOJ initiates enforcement action, including a notice to suspend funding, against a health care facility related to the facility’s compliance with a state-regulated medical marijuana program. (2) A federal regulatory agency, the US DOJ, or CMS issues a rule, guidance, or otherwise provides notification to the health care facility that expressly prohibits the use of medical marijuana in health care facilities or otherwise prohibits compliance with a state-regulated medical marijuana program. (b) This section does not permit a health care facility to prohibit patient use of medicinal cannabis due solely to the fact that cannabis is a Schedule I drug pursuant to the federal Uniform Controlled Substances Act, or other federal constraints on the use of medicinal cannabis that were in existence prior to the enactment of this chapter. (Amended by Stats. 2023, Ch. 484, Sec. 4. (SB 302) Effective January 1, 2024.)
  127. 1650.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 1. General Provisions [1650 - 1651] ( Article 1 added by Stats. 1951, Ch. 1750. )

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    This section states that public health and welfare depend on the humane use of animals for specified scientific, educational, research, and product-standardization purposes.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 1. General Provisions [1650 - 1651] ( Article 1 added by Stats. 1951, Ch. 1750. ) ## 1650. The public health and welfare depend on the humane use of animals for scientific advancement in the diagnosis and treatment of human and animal diseases, for education, for research in the advancement of veterinary, dental, medical and biologic sciences, for research in animal and human nutrition, and improvement and standardization of laboratory procedures of biologic products, pharmaceuticals and drugs. (Added by Stats. 1951, Ch. 1750.)
  128. 1651.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 1. General Provisions [1650 - 1651] ( Article 1 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    The State Department of Health Services administers this chapter, and the chapter must be read broadly to protect affected people and animals.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 1. General Provisions [1650 - 1651] ( Article 1 added by Stats. 1951, Ch. 1750. ) ## 1651. The State Department of Health Services shall administer the provisions of this chapter. Every provision of this chapter shall be liberally construed to protect the interests of all persons and animals affected. As used in this chapter, “person” includes: laboratory, firm, association, corporation, copartnership, and educational institution. As used in this chapter, “board” or “department” means the State Department of Health Services. (Amended by Stats. 1977, Ch. 1252.)
  129. 1660.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 2. Administration and Regulation [1660 - 1662] ( Article 2 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    The department must issue reasonable rules for this chapter, may later change them, and must not require animals to be delivered for research, demonstration, diagnosis, or experimentation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 2. Administration and Regulation [1660 - 1662] ( Article 2 added by Stats. 1951, Ch. 1750. ) ## 1660. The department shall make and promulgate, and may thereafter modify, amend or rescind, reasonable rules and regulations to carry out the purposes of this chapter, including the control of the humane use of animals for the diagnosis and treatment of human and animal diseases, for research in the advancement of veterinary, dental, medical and biologic sciences, for research in animal and human nutrition, and for the testing and diagnosis, improvement and standardization of laboratory specimens, biologic products, pharmaceuticals and drugs. Such rules and regulations shall include requirements for satisfactory shelter, food, sanitation, record keeping, and for the humane treatment of animals by persons authorized by the board to raise, keep or to use animals under the provision of this chapter. The department shall not make or promulgate any rule compelling the delivery of animals for the purpose of research, demonstration, diagnosis, or experimentation. (Added by Stats. 1951, Ch. 1750.)
  130. 16600.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. )

    Verify source ↗

    The State Architect and the State Building Standards Commission must develop and adopt seismic retrofit guidelines and standards for state buildings, and later submit related materials to model code agencies.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. ) ## 16600. (a) The State Architect and the State Building Standards Commission, in consultation with, and with the concurrence of, the University of California, the California State University, the Structural Engineers Association of California, and the Seismic Safety Commission, shall develop and adopt building seismic retrofit guidelines for state buildings, including those owned by the University of California and by the California State University, by January 1, 1993. (b) Building seismic retrofit guidelines shall include provisions for the abatement of falling hazards that are structural or nonstructural components of buildings and that pose serious threats to life, including, but not limited to, parapets, appendages, cornices, hanging objects, and building cladding. (c) Building seismic retrofit guidelines shall include provisions for the strengthening of structures of buildings, or the means necessary to reduce the response of a building to ground shaking during an earthquake, so as to significantly reduce the hazards to life, while concomitantly providing for safe egress of occupants during and immediately after an earthquake. (d) Building seismic retrofit guidelines shall be consistent with the state Historical Building Code (Part 2.7 (commencing with Section 18950), Division 13) and shall include provisions for the preservation of historical buildings. (e) Building seismic retrofit guidelines shall incorporate building seismic retrofit standards developed pursuant to Sections 8875.5 and 8879.5 of the Government Code. (f) The State Architect and the State Building Standards Commission, in cooperation with the University of California, the California State University, the Structural Engineers Association of California, and the Seismic Safety Commission, shall develop and adopt seismic retrofit building standards for state buildings, including those owned by the University of California and by the California State University by July 1, 1996. The standards for state buildings owned by the University of California and the California State University shall not be more stringent than the standards for other state buildings. (g) The State Architect and the State Building Standards Commission, in cooperation with the Structural Engineers Association of California, shall submit the regulations, findings, and data developed according to this chapter to model code writing agencies and organizations for review and development into code format for consideration and adoption into future model codes, as defined in Section 18916, by August 1, 1997. (Added by Stats. 1990, Ch. 1511, Sec. 1.)
  131. 16601.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. )

    Verify source ↗

    The State Building Standards Commission must review and approve specified guidelines and seismic retrofit standards by set deadlines, then take administrative actions to make them apply to all state buildings.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. ) ## 16601. (a) The State Building Standards Commission shall review and approve the guidelines adopted by the State Architect and the State Building Standards Commission pursuant to Section 16600 by January 1, 1994, and take administrative actions to make the guidelines applicable to all state buildings, including those owned by the University of California or the California State University. (b) The State Building Standards Commission shall review and approve the seismic retrofit building standards as developed by the State Architect and the State Building Standards Commission pursuant to Section 16600 by July 1, 1997, and take administrative actions to make the standards applicable to all state buildings, including those owned by the University of California or the California State University. (Added by Stats. 1990, Ch. 1511, Sec. 1.)
  132. 16603.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. )

    Verify source ↗

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

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. ) ## 16603. No provision of this chapter shall apply to the University of California except to the extent that the Regents of the University of California, by resolution, make that provision applicable. (Added by Stats. 1990, Ch. 1511, Sec. 1.)
  133. 16604.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. )

    Verify source ↗

    The Legislature states that $30,000 should be provided to carry out this chapter.

    ## Health and Safety Code - HSC ## DIVISION 12.5. BUILDINGS USED BY THE PUBLIC [16000 - 16604] ( Division 12.5 added by Stats. 1972, Ch. 1130. ) ## CHAPTER 4. Public Postsecondary Buildings [16600 - 16604] ( Chapter 4 added by Stats. 1990, Ch. 1511, Sec. 1. ) ## 16604. It is the intent of the Legislature that funds to carry out the provisions of this chapter in the amount of thirty thousand dollars ($30,000) be provided as follows: (a) The sum of fifteen thousand dollars ($15,000) from the June 1990 Higher Education Capital Outlay Bond Fund pursuant to Chapter 14.4 (commencing with Section 67345) of Part 40 of the Education Code, known as the Higher Education Bond Act of June 1990. (b) The sum of fifteen thousand dollars ($15,000) from the Earthquake Safety and Public Buildings Rehabilitation Fund of 1990 pursuant to Chapter 12.47 (commencing with Section 8878.50) of Division 1 of Title 2 of the Government Code, known as the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990. (Added by Stats. 1990, Ch. 1511, Sec. 1.)
  134. 1661.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 2. Administration and Regulation [1660 - 1662] ( Article 2 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    Chapter 3.5 of the Government Code applies to the department’s rules and regulations under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 2. Administration and Regulation [1660 - 1662] ( Article 2 added by Stats. 1951, Ch. 1750. ) ## 1661. The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, shall be applicable to all the rules and regulations promulgated by the department under this chapter. (Amended by Stats. 1983, Ch. 101, Sec. 105.)
  135. 1662.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 2. Administration and Regulation [1660 - 1662] ( Article 2 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    The department may inspect premises or property where animals are kept for experimental or diagnostic purposes to check compliance with the adopted rules and regulations, and this authority cannot be delegated.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 2. Administration and Regulation [1660 - 1662] ( Article 2 added by Stats. 1951, Ch. 1750. ) ## 1662. The department is hereby authorized to inspect any premises or property on or in which animals are kept for experimental or diagnostic purposes, for the purpose of investigation of compliance with the rules and regulations adopted hereunder. Such inspection or other method of control shall be enforced only by employees of the department and such power and authority may not be delegated to any other persons or agency. (Added by Stats. 1951, Ch. 1750.)
  136. 1666.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    A person may not keep or use animals for diagnostic purposes, education, or research unless the board approves it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. ) ## 1666. No person shall keep or use animals for diagnostic purposes, education or research unless approved by the board. (Added by Stats. 1951, Ch. 1750.)
  137. 1667.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    The board sets approval rules for using animals in covered activities, and people must apply to the department and display the approval certificate if granted.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. ) ## 1667. The board shall prescribe the rules under which approval shall be granted including the standards regarding the care and treatment of such animals employed. Any person desiring approval to use animals for the purposes covered by this chapter shall make application to the department for such approval on forms provided by the department. The board shall grant approval on forms provided by the department to any person who has made application in accordance with the provisions of this article and who is found to be in compliance with the provisions of this chapter and the rules and regulations of the board. Any person keeping or using animals under the provisions of this chapter shall display in a prominent place the certificate of approval granted for such purpose. Such approval shall remain in effect for one fiscal year if not revoked by the board. If the board does not within ninety (90) days after the filing of this application grant approval it shall state the grounds and reasons for its refusal in writing, serving a copy upon the applicant, the notice may be served by registered mail addressed to the applicant at his last known address. (Added by Stats. 1951, Ch. 1750.)
  138. 1668.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    The board must investigate on a written verified complaint and may investigate on its own motion. It may also suspend or revoke a certificate of approval if the certificate holder violated chapter rules or board regulations within the past three years.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. ) ## 1668. The board may, upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any person keeping or using animals for research or diagnostic purposes within this State, and it may temporarily suspend or permanently revoke a certificate of approval at any time where the holder of such a certificate, within the immediately preceding three years, while a holder of a certificate of approval, in performing or attempting to perform any of the acts within the scope of this chapter, has been guilty of the breach of any of the provisions of this chapter or of any reasonable rule or regulation adopted by the board for the purpose of carrying out the provisions of this chapter. The board may promulgate and adopt reasonable rules and regulations concerning the procedure for the drafting, filing and disposition of verified complaints of individuals. Procedure for revocation or suspension of approval shall be in accordance with the provision of the Administrative Procedure Act Government Code, Title 2, Division 3, Part 1, Chapter 5, and the department shall have all the powers granted therein. (Added by Stats. 1951, Ch. 1750.)
  139. 1669.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    This chapter does not apply to certain veterinary, animal-care, and federally regulated laboratory activities.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. ) ## 1669. This chapter does not apply to any veterinary licensed to practice veterinary medicine in this State or to any place of business operated by such veterinary, nor to animal training, animal cosmetics and routine animal husbandry practices, nor to laboratories subject to control or regulation by the National Institutes of Health or the Federal Bureau of Animal Industry. (Added by Stats. 1951, Ch. 1750.)
  140. 1670.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    This section says the chapter does not limit local governments’ authority to regulate the use or procurement of animals for diagnostic procedures or medical research.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 3. Application of the Chapter [1666 - 1670] ( Article 3 added by Stats. 1951, Ch. 1750. ) ## 1670. Nothing contained in this chapter shall be construed to limit or restrict the right of counties, cities, cities and counties, towns or townships, to adopt or enforce ordinances or other regulations regulating the use or procurement of animals for diagnostic procedures or medical research, and any such ordinances or regulations now in effect are not affected by this chapter. It is the intent of this chapter to provide state regulation of the use of animals in diagnostic procedures and medical research concurrently with and supplementary to local regulations, but not to preclude the exercise by counties, cities, cities and counties, towns or townships, of such regulatory power as they may possess in this field under the Constitution and statutes of this State. (Added by Stats. 1951, Ch. 1750.)
  141. 1672.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 4. Offenses Against the Chapter [1672 - 1673] ( Article 4 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    A person may not use animals for the chapter’s purposes unless the board approves it.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 4. Offenses Against the Chapter [1672 - 1673] ( Article 4 added by Stats. 1951, Ch. 1750. ) ## 1672. It is unlawful for any person to use animals for the purposes provided for in this chapter without the approval of the board. (Added by Stats. 1951, Ch. 1750.)
  142. 1673.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 4. Offenses Against the Chapter [1672 - 1673] ( Article 4 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    Any person who violates this chapter commits a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 4. Offenses Against the Chapter [1672 - 1673] ( Article 4 added by Stats. 1951, Ch. 1750. ) ## 1673. Any person who violates this chapter is guilty of a misdemeanor. (Added by Stats. 1951, Ch. 1750.)
  143. 1676.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 5. Revenue [1676 - 1677] ( Article 5 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    Each application for approval must include an annual fee, and the director sets that fee by regulation.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 5. Revenue [1676 - 1677] ( Article 5 added by Stats. 1951, Ch. 1750. ) ## 1676. An annual fee, to be employed for the enforcement of this act, shall accompany each application for approval. The fee shall be determined by the director by regulations based on the number of animals used for the purposes of this chapter and in an amount sufficient to cover the cost of administering this chapter. (Amended by Stats. 1972, Ch. 1148.)
  144. 1677.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 5. Revenue [1676 - 1677] ( Article 5 added by Stats. 1951, Ch. 1750. )

    Verify source ↗

    Annual fees under this chapter become due 12 months after issuance and must be paid by each person approved by the board; the department must deposit the fees into the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677] ( Chapter 5 added by Stats. 1951, Ch. 1750. ) ## ARTICLE 5. Revenue [1676 - 1677] ( Article 5 added by Stats. 1951, Ch. 1750. ) ## 1677. Annual fees payable under this chapter shall become due and payable by each person approved by the board 12 months from the date of its issuance. Such fees shall be paid by the department into the General Fund in the State Treasury. It is the intention of the Legislature that the cost of administering this act shall be substantially covered by the revenues collected hereunder. (Amended by Stats. 1972, Ch. 1148.)
  145. 1685.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Audiometrists [1685 - 1686] ( Chapter 6 added by Stats. 1957, Ch. 205. )

    Verify source ↗

    School audiometrists must be registered with the State Department of Health Services and meet qualifications set by the department. Local school governing bodies may employ them, and the department sets the standards for hearing testing in schools.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Audiometrists [1685 - 1686] ( Chapter 6 added by Stats. 1957, Ch. 205. ) ## 1685. The governing body of a city, county, city and county or school district may employ one or more school audiometrists, each of whom shall be registered with the State Department of Health Services and possess such qualifications as may at the date of registration be prescribed by the state department. Audiometric testing as conducted by the qualified school audiometrist, pursuant to Section 13300 of the Education Code, or by other qualified certificated school personnel, as defined in Sections 11751 and 11824 of the Education Code, shall meet the standards which the State Department of Health Services determines necessary to insure the adequacy of hearing testing in the schools. Subject to Section 11822 of the Education Code, audiometric tests may be administered to school and preschool children in school buildings and other places as are or may be used by schools, health departments or other agencies that provide qualified personnel to conduct such tests. (Amended by Stats. 1977, Ch. 1252.)
  146. 1686.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Audiometrists [1685 - 1686] ( Chapter 6 added by Stats. 1957, Ch. 205. )

    Verify source ↗

    The department must issue registration certificates to school audiometrists and qualified supervisors of health, set necessary testing qualifications, and charge a registration fee of up to $10 per certificate.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6. Audiometrists [1685 - 1686] ( Chapter 6 added by Stats. 1957, Ch. 205. ) ## 1686. The State Department of Health Services shall, subject to the provisions of Section 1685, issue certificates of registration to school audiometrists and to qualified supervisors of health, pursuant to Sections 11751 and 11823 of the Education Code. The department shall prescribe such qualifications as may be necessary for the testing of the hearing of schoolchildren. Candidates for registration who present evidence of having satisfactorily completed the required training in audiology and audiometry at an accredited university or college, as prescribed by the State Department of Health Services, may be issued certificates of registration without further examination. The state department shall require a registration fee not in excess of ten dollars ($10) for each certificate issued. Such fee shall be based upon a determination by the department as to the amount that is reasonably necessary to pay for the costs of the issuance of certificates of registration. (Amended by Stats. 1977, Ch. 1252.)
  147. 1690.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hysterectomies [1690 - 1691] ( Chapter 6.5 added by Stats. 1987, Ch. 1387, Sec. 1. )

    Verify source ↗

    Before a hysterectomy, physicians and surgeons must get verbal and written informed consent, and the patient must sign a written statement; an emergency exception applies.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hysterectomies [1690 - 1691] ( Chapter 6.5 added by Stats. 1987, Ch. 1387, Sec. 1. ) ## 1690. (a) Prior to the performance of a hysterectomy, physicians and surgeons shall obtain verbal and written informed consent. The informed consent procedure shall ensure that at least all of the following information is given to the patient verbally and in writing: (1) Advice that the individual is free to withhold or withdraw consent to the procedure at any time before the hysterectomy without affecting the right to future care or treatment and without loss or withdrawal of any state or federally funded program benefits to which the individual might be otherwise entitled. (2) A description of the type or types of surgery and other procedures involved in the proposed hysterectomy, and a description of any known available and appropriate alternatives to the hysterectomy itself. (3) Advice that the hysterectomy procedure is considered to be irreversible, and that infertility will result; except as provided in subdivision (b). (4) A description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used. (5) A description of the benefits or advantages that may be expected as a result of the hysterectomy. (6) Approximate length of hospital stay. (7) Approximate length of time for recovery. (8) Financial cost to the patient of the physician and surgeon’s fees. (b) A woman shall sign a written statement prior to the performance of the hysterectomy procedure, indicating she has read and understood the written information provided pursuant to subdivision (a), and that this information has been discussed with her by her physician and surgeon, or his or her designee. The statement shall indicate that the patient has been advised by her physician or designee that the hysterectomy will render her permanently sterile and incapable of having children and shall accompany the claim, unless the patient has previously been sterile or is postmenopausal. (c) The informed consent procedure shall not pertain when the hysterectomy is performed in a life-threatening emergency situation in which the physician determines prior written informed consent is not possible. In this case, a statement, handwritten and signed by the physician, certifying the nature of the emergency, shall accompany the claim. (d) The State Department of Health Services may develop regulations establishing verbal and written informed consent procedures that shall be obtained prior to performance of a hysterectomy, that indicate the medically accepted justifications for performance of a hysterectomy, pursuant to this chapter. (Added by Stats. 1987, Ch. 1387, Sec. 1.)
  148. 1691.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hysterectomies [1690 - 1691] ( Chapter 6.5 added by Stats. 1987, Ch. 1387, Sec. 1. )

    Verify source ↗

    Before a hysterectomy, a physician and surgeon must inform the patient in written, plain-language terms about other medically viable treatment options.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.5. Hysterectomies [1690 - 1691] ( Chapter 6.5 added by Stats. 1987, Ch. 1387, Sec. 1. ) ## 1691. The failure of a physician and surgeon to inform a patient by means of written consent, in layman’s language and in a language understood by the patient of alternative efficacious methods of treatment which may be medically viable, when a hysterectomy is to be performed, constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (Added by Stats. 1987, Ch. 1387, Sec. 1.)
  149. 1695.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Neonatal Group B Streptococcal Infection [1695- 1695.] ( Chapter 6.6 added by Stats. 1994, Ch. 758, Sec. 1. )

    Verify source ↗

    The department must convene a consensus conference on preventing neonatal group B streptococcal disease, include specified professional representation, hold the conference at least once in 1994–95, and produce a written summary and prevention guidelines by July 1, 1995 if funding is available.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 6.6. Neonatal Group B Streptococcal Infection [1695- 1695.] ( Chapter 6.6 added by Stats. 1994, Ch. 758, Sec. 1. ) ## 1695. To the extent that funds are available in the State Department of Health Services’ budget for the 1994–95 fiscal year for this purpose, the department shall convene a consensus conference to address the issue of testing or treatment to prevent neonatal group B streptococcal disease (chemoprophylaxis). The conferees shall include, but not be limited to, representation from the California Chapter of the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists District IX, the California Medical Association, the California Conference of Local Health Officers, and the Group B Strep Association. The conference shall convene at least once during the 1994–95 fiscal year. The department shall develop, based on the proceedings of the consensus conference, a standardized written summary on group B streptococcal disease and guidelines on the prevention of neonatal group B streptococcal disease, no later than July 1, 1995. If the department determines that state funds are not available, the department shall make every effort to obtain appropriate federal funds for this purpose. (Added by Stats. 1994, Ch. 758, Sec. 1. Effective January 1, 1995.)
  150. 17.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    In this section, “oath” includes an affirmation.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 17. “Oath” includes affirmation. (Enacted by Stats. 1939, Ch. 60.)
  151. 17000.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section names Part 1 as the Employee Housing Act.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17000. This part shall be known as the Employee Housing Act. (Added by Stats. 1979, Ch. 62.)
  152. 17001.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    Employee housing buildings must meet State Building Standards Code requirements and related regulations, unless a qualifying local ordinance applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17001. Buildings used for human habitation, and buildings accessory thereto, within employee housing shall comply with the building standards published in the State Building Standards Code relating to employee housing and with the other regulations adopted pursuant to this part, unless a local ordinance prescribing minimum standards adopted in accordance with Sections 17958.5 and 17958.7 which is equal to such regulations is applicable. Notwithstanding the provisions of Section 17050, if such a local ordinance is applicable to buildings used for human habitation, and buildings accessory thereto, within employee housing, these buildings shall comply with the construction and erection provisions of the ordinance. (Amended by Stats. 1992, Ch. 1298, Sec. 4. Effective January 1, 1993.)
  153. 17002.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    The Department of Housing and Community Development may approve alternate materials or construction methods if they are satisfactory and at least equivalent in quality, strength, effectiveness, fire resistance, durability, and safety.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17002. The provisions of this part are not intended to prevent the use of any material, appliance, installation, device, arrangement, or method of construction not specifically prescribed by this part if such alternate has been approved by the Department of Housing and Community Development. The Department of Housing and Community Development may approve any such alternate if it finds that the proposed design is satisfactory and that the material, appliance, installation, device, arrangement, or method of construction offered is, for the purpose intended, at least the equivalent of that prescribed in this part in quality, strength, effectiveness, fire resistance, durability and safety, for the protection of life and health. This section shall not apply to a local ordinance which is applicable pursuant to Section 17001. (Added by Stats. 1979, Ch. 62.)
  154. 17003.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines “Commission” to mean the Commission of Housing and Community Development for this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17003. “Commission,” as used in this part, means the Commission of Housing and Community Development. (Added by Stats. 1979, Ch. 62.)
  155. 17003.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    The Department of Housing and Community Development is treated as the Commission of Housing and Community Development for this division, and it may exercise the commission’s powers and must perform its duties.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17003.5. Any reference in this division to the Commission of Housing and Community Development shall be deemed to be to the Department of Housing and Community Development and the department may exercise all the powers and shall perform all the duties of the commission. (Added by Stats. 1981, Ch. 996.)
  156. 17004.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    In this part, “Department” means the Department of Housing and Community Development.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17004. “Department,” as used in this part, means the Department of Housing and Community Development. (Added by Stats. 1979, Ch. 62.)
  157. 17005.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section says who is not included in the term “employee” for this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17005. “Employee,” as used in this part, does not include any of the following: (a) A person engaged in household domestic service. (b) A person employed under circumstances in which his wages are incidental to professional training and where the employer is exempt from taxation under subdivision (b) of Section 4 of Article XIII of the California Constitution. (c) A person employed incidental to training for, or in furtherance of, a religious vocation and where the employer is exempt from taxation under subdivision (f) of Section 3 of Article XIII of the California Constitution. (Added by Stats. 1979, Ch. 62.)
  158. 17005.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines “employee community housing” and “community” for the Employee Housing Act.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17005.5. (a) “Employee community housing” means a community of single family detached dwellings which meet all of the following requirements: (1) Each dwelling has a minimum of four rooms, including a separate kitchen and a separate bathroom. (2) Each dwelling is owned or operated by an employer, and maintained by such employer in compliance with the provisions of the State Housing Law, and the regulations adopted pursuant thereto, which materially affect health and safety. (3) Each dwelling is inhabited by not more than one family, which includes at least one permanent year-round employee of the employer who owns or operates the dwelling. (4) Each dwelling has direct access to a publicly owned and maintained road. (5) Each dwelling is located within a community, as defined in subdivision (b). (b) “Community” means not less than 200 single family detached dwellings meeting the requirements of subdivision (a), which are adjacent or in close proximity to each other, and which have maintenance services available to the residents of the dwelling units provided by persons employed by the employer for the express purpose of providing such services. (Added by Stats. 1979, Ch. 1031.)
  159. 17006.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines “resident-employment housing” for this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17006. “Resident-employment housing,” as used in this part, means apartment houses, hotels, motels, or dwellings, where living quarters are provided for five or more employees employed in the management, maintenance, or operation of an apartment house, hotel, motel, or dwellings. (Amended by Stats. 1992, Ch. 1298, Sec. 5. Effective January 1, 1993.)
  160. 17007.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines “enforcement agency” for this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17007. “Enforcement agency,” as used in this part, means the Department of Housing and Community Development, or any city, county, or city and county which has assumed responsibility for the enforcement of this part, pursuant to Section 17050. (Added by Stats. 1979, Ch. 62.)
  161. 17008.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines “employee housing” and sets out when certain housing is included or excluded from that term.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17008. (a) “Employee housing,” as used in this part, means any portion of any housing accommodation, or property upon which a housing accommodation is located, if all of the following factors exist: (1) The accommodations consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer. (2) The accommodations are maintained in connection with any work or place where work is being performed, whether or not rent is involved. (b) (1) Except as provided in paragraphs (2) and (3), “employee housing,” as used in this part, also includes any portion of any housing accommodation or property upon which housing accommodations are located, if all of the following factors exist: (A) The housing accommodations or property are located in any rural area, as defined by Section 50101. (B) The housing accommodations or property are not maintained in connection with any work or workplace. (C) The housing accommodations or property are provided by someone other than an agricultural employer, as defined in Section 1140.4 of the Labor Code. (D) The housing accommodations or property are used by five or more agricultural employees of any agricultural employer or employers for any of the following: (i) Temporary or seasonal residency. (ii) Permanent residency, if the housing accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle. (iii) Permanent residency, if the housing accommodation is subject to the State Housing Law and is more than 30 years old and at least 51 percent of the structures in the housing accommodation, or 51 percent of the accommodation if not separated into units, are occupied by agricultural employees. (2) “Employee housing” does not include a hotel, motel, inn, tourist hotel, multifamily dwelling, or single-family house if all of the following factors exist: (A) The housing is offered and rented to nonagricultural employees on the same terms that it is offered and rented to agricultural employees. (B) None of the occupants of the housing are employed by the owner or property manager of the housing or any party with an interest in the housing. (C) None of the occupants of the housing have rent deducted from their wages. (D) The owner or property manager of the housing is not an agricultural employer as defined in Section 1140.4 of the Labor Code, or an agent, as it relates to the housing in question, of an agricultural employer. (E) Negotiation of the terms of occupancy of the housing is conducted between each occupant and the owner of the housing or between each occupant and a manager of the property who is employed by the owner of the housing. (F) The occupants are not required to live in the housing as a condition of employment or of securing employment and the occupants are not referred to live in the housing by the employer of the occupants, the agent of the employer of the occupants, or an agricultural employer as defined in Section 1140.4 of the Labor Code. (G) The housing accommodation was not at any time before January 1, 1984, employee housing as defined in subdivision (a). (3) “Employee housing,” as defined by this subdivision, does not include a hotel, motel, inn, tourist hotel, or permanent housing as defined by subdivision (d) of Section 17010, that has not been maintained, before January 1, 1984, or is not maintained on or after that date, as employee housing, as defined in subdivision (a). (c) If at any time before January 1, 1984, a housing accommodation was employee housing, as defined in subdivision (a), and on or after January 1, 1984, was employee housing, as defined in subdivision (b), the owner and operator shall comply with all requirements of this part. The owner and operator of any other housing accommodation which is employee housing pursuant to subdivision (b) shall be subject to the licensing and inspection provisions of this part and shall comply with all other provisions of this part, except that if any portion of the housing accommodation is held out for rent or lease to the general public, the construction and physical maintenance standards of the housing accommodation shall be consistent with the applicable provisions of the State Housing Law, Part 1.5 (commencing with Section 17910), the Manufactured Housing Act, Part 2 (commencing with Section 18000); or the Mobilehome Parks Act, Part 2.1 (commencing with Section 18200). The owner or operator of the employee housing shall designate all units or spaces which are employee housing, as defined in this subdivision, for the purpose of inspection and licensing by the enforcement agency, subject to confirmation by the enforcement agency, based on all relevant evidence. (d) “Employee housing” does not include employee community housing, as defined by Section 17005.5, that has been granted an exemption pursuant to Section 17031.3; housing, and the premises upon which it is situated, owned by a public entity; or privately owned housing, including ownership by a nonprofit entity, and the premises upon which it is situated, financed with public funds equaling 50 percent or more of the original development or purchase cost. (e) “Employee housing” means the same as “labor camp,” as that term may be used in this or other codes and, notwithstanding any local ordinance to the contrary in a general law or charter city, county, or city and county, shall be deemed a residential use if it exists in structures that are single-family houses or apartment houses as those terms are used in the State Housing Law (Part 1.5 (commencing with Section 17910)). (Amended by Stats. 2019, Ch. 866, Sec. 7. (AB 1783) Effective January 1, 2020.)
  162. 17008.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    A tenant who is an agricultural employee in employee housing has all rights available to a person in employee housing, including the right to file a verified complaint with the Civil Rights Department and other listed protections and rights.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17008.5. A tenant who is an agricultural employee residing in employee housing has all rights applicable to a person residing in employee housing, including the following: (a) The right to file a verified complaint with the Civil Rights Department alleging a violation of housing discrimination, or to assert any other right, under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code). (b) Any protections for tenants or lessees under the Civil Code or the Labor Code, except as otherwise provided in Section 17031.6. (c) Any protection or right under the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). (Amended by Stats. 2022, Ch. 48, Sec. 56. (SB 189) Effective June 30, 2022.)
  163. 17008.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    In this part, “Fund” means the Employee Housing Regulation Fund established by Section 17036.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17008.7. “Fund,” as used in this part, means the Employee Housing Regulation Fund established by Section 17036. (Added by Stats. 2023, Ch. 40, Sec. 10. (AB 129) Effective July 10, 2023.)
  164. 17009.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines “labor supply employee housing.”

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17009. “Labor supply employee housing,” as used in this part, means any place, area, or piece of land where housing is provided for five or more employees or prospective employees of another by any individual, firm, partnership, association, or corporation that, for a fee or in-kind payment, employs persons to render personal services for, or under the direction of, a third person, or that recruits, solicits, supplies, or hires persons on behalf of an employer, and that, for a fee or in-kind payment, provides in connection therewith one or more of the following services: (a) Furnishes board, lodging, or transportation for such employees or prospective employees. (b) Supervises, times, checks, counts, weighs, or otherwise directs or measures the work of such employees. (c) Disburses wage payments to such employees. (Amended by Stats. 1992, Ch. 1298, Sec. 7. Effective January 1, 1993.)
  165. 17009.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines “person” for this part of the code and says it can also mean “tenant” or “employee” in the right context.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17009.5. (a) “Person,” as used in this part, includes any natural person, firm, association, organization, partnership, business trust, company, joint stock company, corporation, limited liability company, joint venture, or other organizations of persons. (b) “Person,” as used in this part, may be used interchangeably with “tenant” or “employee,” and those terms are used interchangeably when the context does not imply an employer or an owner of employee housing. (Amended by Stats. 1994, Ch. 1010, Sec. 160. Effective January 1, 1995.)
  166. 17010.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    This section defines several kinds of employee housing used in this part of the code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17010. (a) “Temporary employee housing,” as used in this part, means a labor camp which is not operated on the same site annually and which is established for one operation and is then removed. (b) “Seasonal employee housing,” as used in this part, means any camp which is operated annually on the same site and which is occupied for not more than 180 days in any calendar year. (c) “Permanent employee housing,” as used in this part, means any labor camp which is not temporary or seasonal. (d) “Permanent single-family employee housing,” as used in this part, means single-family detached dwellings, mobilehomes, as defined in Section 18008, manufactured homes, as defined in Section 18007, or factory-built housing, as defined in Section 19971, constructed and maintained in accordance with applicable state or federal laws, including required permits and inspections. Each dwelling shall be inhabited by only one family, which includes at least one permanent year-round employee. “Permanent single-family employee housing” does not include housing accommodations or property, as defined in subparagraph (D) of paragraph (1) of subdivision (b) of Section 17008. (Amended by Stats. 1992, Ch. 1298, Sec. 9. Effective January 1, 1993.)
  167. 17011.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. )

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    This section defines “sleeping place” for this part of the code.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 1. General Provisions and Definitions [17000 - 17011] ( Chapter 1 added by Stats. 1979, Ch. 62. ) ## 17011. “Sleeping place,” as used in this part, means a dwelling, bunkhouse, tent, mobilehome, or other structure or shelter in which employees are housed in any employee housing. (Amended by Stats. 1992, Ch. 1298, Sec. 10. Effective January 1, 1993.)
  168. 17020.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    This section says the Employee Housing Act provisions generally apply statewide and override local ordinances or regulations for labor camps, subject to other exceptions in the part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17020. (a) Except as otherwise provided in this part, the provisions of this part, building standards published in the State Building Standards Code relating to employee housing, and the other rules and regulations promulgated pursuant to the provisions of this part which relate to labor camps apply in all parts of the state and supersede any ordinance or regulations enacted by any city, county, or city and county applicable to labor camps. Rules and regulations adopted or continued in effect prior to January 1, 1980, by former Chapter 4 (commencing with Section 2610) of Part 9 of Division 2 of the Labor Code are hereby continued in effect as rules and regulations under this part until amended or repealed by the Department of Housing and Community Development. (b) Building standards, as defined by Section 18909, shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code relating to employee housing pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, whichever occurs sooner. (Amended by Stats. 1992, Ch. 1298, Sec. 12. Effective January 1, 1993.)
  169. 17021.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    This section gives local building or health departments 60 days to approve or deny certain employee-housing-related applications, with limited grounds and timing for denials.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17021. (a) Except as provided in Sections 17021.5, 17021.6, and 17021.8, local use zone requirements, local fire zones, property line, source of water supply, and method of sewage disposal requirements are hereby specifically and entirely reserved to the local jurisdictions. (b) Notwithstanding any other law, with respect to a building permit, grading permit, or other approval from a city or county building department for the rehabilitation of real property improvements that are or will be employee housing for agricultural employees, or from a city or county health department for the operation, construction, or repair of a water system or waste disposal system servicing employee housing for agricultural employees, all of the following processing requirements shall apply: (1) The local building or health department shall have up to 60 calendar days to approve or deny a complete application or permit request accompanied by applicable fees, or a shorter time period if required by the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code). The local building or health department may deny an application or permit request on procedural grounds only if the denial occurs within 30 calendar days and the denial includes an itemization of the procedural defects. The local building or health department may deny an application or permit request on substantive grounds if the denial includes an itemization of all substantive defects. (2) If the local building or health department does not approve or deny the application or permit request within the period prescribed by paragraph (1), then the Department of Housing and Community Development may approve the application or permit request if it determines that the plans are consistent with all applicable building codes and health and safety requirements. At that time, the applicant may initiate any work consistent with the application or permit approved pursuant to this subdivision. Upon completion of the work, any other state or local agency shall accept the improvements as if the local building or health department had approved them. However, if that other local agency identifies any defects that would have resulted in that agency’s disapproval of the improvements or plans for improvement, the agency may identify those defects and the applicant shall correct them. The local building or health department shall inspect the plans and improvements prior to and during rehabilitation and issue a certificate of completion if the work is consistent with the plans and all applicable building codes and health and safety requirements. (c) Nothing in this section shall be construed to exempt an application or permit request from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (d) For purposes of this section, “agricultural employee” has the same meaning specified in subdivision (b) of Section 1140.4 of the Labor Code. (e) The Department of Housing and Community Development may recover from a local building or health department costs incurred to review an application or permit request in compliance with paragraph (2) of subdivision (b). The amount recoverable may not exceed the applicable plan check fee published by the International Conference of Building Officials. (Amended by Stats. 2020, Ch. 264, Sec. 10. (AB 107) Effective September 29, 2020.)
  170. 17021.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    Employee housing for six or fewer employees gets special treatment: it is treated like a single-family residence, with limits on zoning requirements and certain local fees.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17021.5. (a) Any employee housing which has qualified, or is intended to qualify, for a permit to operate pursuant to this part may invoke the provisions of this section. (b) Any employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation for the purposes of this section. For the purpose of all local ordinances, employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone. Use of a family dwelling for purposes of employee housing serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) or local building codes. (c) Except as otherwise provided in this part, employee housing that serves six or fewer employees shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other family dwellings of the same type in the same zone are not likewise subject. Nothing in this subdivision shall be construed to forbid the imposition of local property taxes, fees for water services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments to which other family dwellings of the same type in the same zone are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee to the owner, operator or any resident for enforcing fire inspection regulations pursuant to state law or regulation or local ordinance, with respect to employee housing which serves six or fewer persons. (d) For the purposes of any contract, deed, or covenant for the transfer of real property, employee housing which serves six or fewer employees shall be considered a residential use of property and a use of property by a single household, notwithstanding any disclaimers to the contrary. For purposes of this section, “employee housing” includes employee housing defined in subdivision (b) of Section 17008, even if the housing accommodations or property are not located in a rural area, as defined by Section 50101. (e) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development and use of sufficient numbers and types of employee housing facilities as are commensurate with local needs. This section shall apply equally to any charter city, general law city, county, city and county, district and any other local public entity. (Amended by Stats. 1993, Ch. 952, Sec. 1. Effective January 1, 1994.)
  171. 17021.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    Certain employee housing owners may invoke this section, and local permitting and some fire-related fees are restricted for qualifying housing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17021.6. (a) The owner of any employee housing who has qualified or intends to qualify for a permit to operate pursuant to this part may invoke this section. (b) Any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8, shall be deemed an agricultural land use for the purposes of this section. Except as provided in Section 17021.8, for the purpose of all local ordinances, employee housing shall not be deemed a use that implies that the employee housing is an activity that differs in any other way from an agricultural use. No conditional use permit, zoning variance, or other discretionary zoning clearance shall be required of this employee housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in employee housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the employee housing is located. (c) Except as otherwise provided in this part, employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other agricultural activities in the same zone are not likewise subject. This subdivision does not forbid the imposition of local property taxes, fees for water services and garbage collection, fees for normal inspections, local bond assessments, and other fees, charges, and assessments to which other agricultural activities in the same zone are likewise subject. Neither the State Fire Marshal nor any local public entity shall charge any fee to the owner, operator, or any resident for enforcing fire inspection regulation pursuant to state law or regulations or local ordinance, with respect to employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household. (d) For the purposes of any contract, deed, or covenant for the transfer of real property, employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8, shall be considered an agricultural use of property, notwithstanding any disclaimers to the contrary. For purposes of this section, “employee housing” includes employee housing defined in subdivisions (b) and (c) of Section 17008, even if the housing accommodations or property are not located in a rural area, as defined by Section 50101. (e) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development and use of sufficient numbers and types of employee housing facilities as are commensurate with local need. This section shall apply equally to any charter city, general law city, county, city and county, district, and any other local public entity. (f) If any owner who invokes the provisions of this section or Section 17021.8 fails to maintain a permit to operate pursuant to this part throughout the first 10 consecutive years following the issuance of the original certificate of occupancy, both of the following shall occur: (1) The enforcement agency shall notify the appropriate local government entity. (2) The public agency that has waived any taxes, fees, assessments, or charges for employee housing pursuant to this section may recover the amount of those taxes, fees, assessments, or charges from the landowner, less 10 percent of that amount for each year that a valid permit has been maintained. (g) Subdivision (f) shall not apply to an owner of any prospective, planned, or unfinished employee housing facility who has applied to the appropriate state and local public entities for a permit to construct or operate pursuant to this part prior to January 1, 1996. (Amended by Stats. 2019, Ch. 866, Sec. 10. (AB 1783) Effective January 1, 2020.)
  172. 17021.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    Mobilehomes and recreational vehicles used to house agricultural employees must be maintained to meet the applicable requirements of the Mobilehome Parks Act.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17021.7. Notwithstanding subdivision (b) of Section 18214, subdivision (b) of Section 18862.39, and subdivision (b) of Section 18862.47, mobilehomes and recreational vehicles used to house agricultural employees shall be maintained in conformity with the applicable requirements of the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)). (Amended by Stats. 2003, Ch. 814, Sec. 1. Effective January 1, 2004.)
  173. 17021.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    A development proponent may seek streamlined ministerial approval for certain eligible agricultural employee housing projects, and local governments must give written reasons if the project does not qualify.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17021.8. (a) A development proponent may submit an application for a development that is subject to a streamlined, ministerial approval process, provided in subdivision (b), and is not subject to a conditional use permit if all of the following requirements are met: (1) The development is located on land that meets one of the following: (A) Is designated as agricultural in the applicable city or county general plan. (B) Is located in the Counties of Fresno, Madera, Merced, Santa Clara, or Santa Cruz, is within 15 miles of an area designated as farmland or grazing by the Department of Conservation, and is not a site or adjoined to a site where more than one-third of the square footage on the site is dedicated to industrial use. For the purposes of this subparagraph, parcels separated by a street shall be considered adjoined. (2) The development is not located on a site that is any of the following: (A) Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code. (B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (C) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. (D) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. (E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. (F) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. (G) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency. (H) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. (I) Lands under conservation easement. For purposes of this section, “conservation easement” shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code). (J) Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an onsite wastewater disposal system serving more than six family housing units. (3) The development is an eligible agricultural employee housing development that satisfies the requirements specified in subdivision (i). (b) (1) If a local government determines that a development submitted pursuant to this section does not meet the requirements specified in subdivision (a), the local government shall provide the development proponent written documentation of which requirement or requirements the development does not satisfy and an explanation for the reason or reasons the development does not satisfy the requirement or requirements, as follows: (A) Within 30 days of submission of the development to the local government pursuant to this section if the development contains 50 or fewer housing units. (B) Within 60 days of submission of the development to the local government pursuant to this section if the development contains more than 50 housing units. (2) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the requirements specified in paragraph (2) of subdivision (a). (c) The local government’s planning commission or an equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate, may conduct a development review or public oversight of the development. The development review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective development standards described in this section. For purposes of this subdivision, “objective development standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submission. The development review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable: (1) Within 90 days of submission of the development to the local government pursuant to this section if the development contains 50 or fewer housing units. (2) Within 180 days of submission of the development to the local government pursuant to this section if the development contains more than 50 housing units. (d) An agricultural employee housing development that is approved pursuant to this section shall not be subject to the density limits specified in Section 17021.6 in order to constitute an agricultural land use for purposes of that section. (e) Notwithstanding Section 17021.6, a local government may subject an agricultural employee housing development that is approved pursuant to this section to the following written, objective development standards: (1) (A) A requirement that the development have adequate water and wastewater facilities and dry utilities to serve the project. (B) A requirement that the development be connected to an existing public water system that has not been identified as failing or being at risk of failing to provide an adequate supply of safe drinking water. (C) If the development proposes to include 10 or more units, a requirement that the development connect to an existing municipal sewer system that has adequate capacity to serve the project. If the local agency has adopted an approved local agency management program for onsite wastewater treatment systems, those requirements shall apply to the development. (2) A requirement that the property on which the development is located be either: (A) Within one-half mile of a duly designated collector road with an Average Daily Trips (ADT) of 6,000 or greater. (B) Adjacent to a duly designated collector road with an ADT of 2,000 or greater. (3) A requirement that the development include off-street parking based upon demonstrated need, provided that the standards do not require more parking for eligible agricultural employee housing developments than for other residential uses of similar size within the jurisdiction. (4) Notwithstanding Section 17020 or any other law, health, safety, and welfare standards for agricultural employee housing, including, but not limited to, density, minimum living space per occupant, minimum sanitation facilities, minimum sanitation requirements, and similar standards. (5) Standards requiring that if a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. (f) Neither the approval of a development pursuant to this section, including the permit processing, nor the application of development standards pursuant to this section shall be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (g) Notwithstanding Section 17021.6, a local agency may impose fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the eligible agricultural employee housing development. (h) This section shall not be construed to: (1) Prohibit a local agency from requiring an eligible agricultural employee housing development to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with subdivision (e) and appropriate to, and consistent with, meeting the jurisdiction’s need for farmworker housing, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583 of the Government Code. (2) Prohibit a local agency from disapproving an eligible agricultural employee housing development if the eligible agricultural employee housing development as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to lower income households, as defined in Section 50079.5, or rendering the development financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (3) Prohibit a local agency from disapproving an eligible agricultural employee housing development if that project would be in violation of any applicable state or federal law. (4) Change any obligations to comply with any other existing laws, including, but not limited to, Section 116527, Section 106.4 of the Water Code, Division 7 (commencing with Section 13000) of the Water Code, and Part 12 (commencing with Section 116270) of Division 104. (i) For purposes of this section, “eligible agricultural employee housing development” means an agricultural employee housing development that satisfies all of the following: (1) The agricultural employee housing does not contain dormitory-style housing. (2) The development consists of no more than either of the following: (A) Thirty-six units or spaces designed for use by a single family or household. (B) One hundred fifty units or spaces designed for use by a single family or household if the development is located in the Counties of Fresno, Madera, Merced, Santa Clara, or Santa Cruz. (3) (A) Except as otherwise provided in subparagraph (B), the agricultural employee housing will be maintained and operated by a qualified affordable housing organization that has been certified pursuant to Section 17030.10. The development proponent shall submit proof of issuance of the qualified affordable housing organization’s certification by the enforcement agency. The qualified affordable housing organization shall provide for onsite management of the development. (B) In the case of agricultural employee housing that is maintained and operated by a local public housing agency or a multicounty, state, or multistate agency that has been certified as a qualified affordable housing organization as required by this paragraph, that agency either directly maintains and operates the agricultural employee housing or contracts with another qualified affordable housing organization that has been certified pursuant to Section 17030.10. (C) The local government ensures an affordability covenant is recorded on the property to ensure the affordability of the proposed agricultural employee housing for agricultural employees for not less than 55 years. For purposes of this paragraph, “affordability” means the agricultural housing is made available at an affordable rent, as defined in Section 50053, to lower income households, as defined in Section 50079.5. (4) The agricultural employee housing is not ineligible for state funding pursuant to paragraph (1) of subdivision (b) of Section 50205 or paragraph (1) of subdivision (b) of Section 50517.10. All subdivisions of agricultural employee housing in the development and the entire scope of the development are not ineligible for funding pursuant to paragraph (1) of subdivision (b) of Section 50205 or paragraph (1) of subdivision (b) of Section 50517.10. The use of the term “unit or space” shall not be construed to limit those provisions’ prohibition on the use of state funding to support H-2A employer obligations. Consistent with paragraph (2) of subdivision (b) of Section 50205 and paragraph (1) of subdivision (b) of Section 50517.10, any employer or other recipient of state funding who utilizes state funding for a purpose prohibited under those provisions shall reimburse the state or the state agency that provided the funding in an amount equal to the amount of that state funding expended for those prohibited purposes. (j) For purposes of this section, “agricultural employee housing” means employee housing for agricultural employees as both terms are defined in Sections 17008 and 17021, respectively. (k) For the purposes of this section: (1) “Dedicated to industrial use” means any of the following: (A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use, and the site has been occupied within the past three years. (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and residential uses are not the principally permitted use. (2) (A) Except as otherwise provided in subparagraph (B), “industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025, pursuant to Division 26 (commencing with Section 39000), or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (B) “Industrial use” does not include any of the following: (i) Power substations or utility conveyances, including, but not limited to, power lines, broadband wires, or pipe. (ii) A use where the only source permitted by a district is an emergency backup generator. (iii) Self-storage for the residents of a building. (l) The Legislature hereby declares that it is the policy of this state that each county and city shall permit and encourage the development and use of sufficient numbers and types of agricultural employee housing as are commensurate with local need. The Legislature further finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Amended by Stats. 2025, Ch. 490, Sec. 1. (AB 457) Effective January 1, 2026.)
  174. 17022.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    The Division of Industrial Safety alone is responsible for enforcing certain occupational safety and health standards.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17022. Enforcement of occupational safety and health standards established pursuant to Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code is hereby specifically and entirely reserved to the Division of Industrial Safety. (Added by Stats. 1979, Ch. 62.)
  175. 17022.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    The department must publish model or prototype plans for employee housing, and a person planning to build employee housing may use those plans.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17022.5. The department shall adopt, and make available to the public, model or prototype plans for several types of employee housing, including, but not limited to, barracks, seasonal housing, family housing, and recreational vehicle parks. Any person intending to construct employee housing may adopt one or more of these models as the plans for the proposed housing. (Added by Stats. 1986, Ch. 1495, Sec. 2.)
  176. 17023.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    Some construction-related rules do not apply to certain existing or already approved employee housing, but use, maintenance, and occupancy rules do apply to all employee housing.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17023. (a) Rules and regulations adopted or continued in effect pursuant to the provisions of this part relating to the erection or construction of buildings or structures within employee housing shall not apply to existing buildings or structures or to buildings and structures as to which construction is commenced or approved prior to the effective date of the rules and regulations, except by act of the Legislature, but regulations relating to use, maintenance, and occupancy shall apply to all employee housing approved for construction and operation before or after the effective date of these rules and regulations. (b) Building standards, as defined in Section 18909, shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5, whichever occurs sooner. (Amended by Stats. 1992, Ch. 1298, Sec. 16. Effective January 1, 1993.)
  177. 17024.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. )

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    This section excludes certain housing from this part of the Employee Housing Act.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 2. Application and Scope [17020 - 17024] ( Chapter 2 added by Stats. 1979, Ch. 62. ) ## 17024. This part does not apply to resident-employment housing provided for faculty or employees of any public or privately operated school, college, or university. This part does not apply to any employee housing owned, operated, and maintained by any of the following: (a) The federal government. (b) The state. (c) Any agency or political subdivision of the state. (d) Any city, county, or city and county. (Amended by Stats. 1992, Ch. 1298, Sec. 17. Effective January 1, 1993.)
  178. 17030.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    People operating employee housing must get a permit from the enforcement agency unless an exemption applies.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17030. (a) Every person operating employee housing shall obtain a permit to operate that employee housing from the enforcement agency, unless otherwise exempted by this part. It shall be unlawful for any person to operate employee housing without a valid permit to operate issued by the enforcement agency, as required by this part. Permits to operate shall be issued annually by the enforcement agency, except as provided in this section and Section 17030.5. (b) Employee housing on a dairy farm which meets the requirements of Section 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may be exempted from the requirement of obtaining a permit to operate employee housing, as provided in Section 17031. This housing shall meet the requirements of the State Housing Law before an exemption is granted. (c) A permit to operate shall be valid from the date of issuance through December 31 of the year of issuance, or December 31 of the year designated by the enforcement agency for permanent single-family employee housing. Permits to operate employee housing may prescribe conditions on the use or occupancy of the employee housing. (d) The Department of Housing and Community Development shall be the enforcement agency for any employee housing owned or operated by a railroad corporation. (Amended by Stats. 1992, Ch. 1298, Sec. 18. Effective January 1, 1993.)
  179. 17030.10.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    The department must run a certification process for qualified affordable housing organizations, and applicants may submit an application in the required form.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17030.10. (a) The department shall establish an application and review process for certifying that a person is an affordable housing organization qualified to operate agricultural employee housing that is approved pursuant to Section 17021.8. (b) A person desiring certification as a qualified affordable housing organization may, in the form and manner prescribed by the department, submit an application to the department. Except as provided in subdivision (c), department shall review an application so submitted, and shall certify the person as a qualified affordable housing organization if the following requirements are satisfied: (1) The applicant has demonstrated relevant prior experience in California and current capacity, as capable of operating the housing and related facilities for its remaining useful life, either by itself or through a management agent. (2) The applicant is one of the following: (A) A not-for-profit corporation organized pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code that satisfies both of the following: (i) The not-for-profit corporation has as its principal purpose the ownership, development, or management of housing or community development projects for persons and families of low or moderate income and very low income. (ii) The not-for-profit corporation has a broadly representative board, a majority of whose members are community based and have a proven track record of local community service. (B) A local public housing agency. For purposes of this subdivision, “local public housing agency” means a housing authority, redevelopment agency, or any other agency of a city, county, or city and county, whether general law or chartered, that is authorized to own, develop, or manage housing or community development projects for persons and families of low or moderate income and very low income. (C) A not-for-profit, charitable corporation organized on a multicounty, state, or multistate basis that satisfies both of the following: (i) The charitable corporation has as its principal purpose the ownership, development, or management of housing or community development projects for persons and families of low or moderate income and very low income. (ii) The charitable corporation owns or operates at least three comparable rent- and income-restricted affordable rental properties governed under a regulatory agreement with a department or agency of the State of California or the United States, either directly or by serving as the managing general partner of limited partnerships or managing member of limited liability corporations. (D) A multicounty, state, or multistate agency that satisfies both of the following: (i) The agency is authorized to own, develop, or manage housing or community development projects for persons and families of low or moderate income and very low income. (ii) The agency owns and operates at least three comparable rent- and income-restricted affordable rental properties governed under a regulatory agreement with a department or agency of the State of California or the United States, either directly or by serving as the managing general partner of limited partnerships or managing member of limited liability corporations. (E) Any other not-for-profit organization that the department determines is sufficiently similar to any of the organizations described in this paragraph. (3) Except for local public housing agencies with elected legislative bodies, the applicant does not have a member among its officers or directorate with a financial interest in an agricultural employer, as defined in Section 1140.4 of the Labor Code, or a farm labor contractor, as defined in Section 1682 of the Labor Code. The department shall allow officers or members of the directorate of an applicant to self-certify for purposes of this requirement. (c) If an applicant has previously received development funds from the department, is in good standing, and meets the requirements of paragraph (3) of subdivision (b), the department may automatically deem such organizations certified. (Amended by Stats. 2020, Ch. 264, Sec. 12. (AB 107) Effective September 29, 2020.)
  180. 17030.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Some employee housing permits may be extended up to five years if approved by the enforcement agency, but most permits cannot exceed one year in the first year of operation or after recent violations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17030.5. (a) A permit to operate employee housing consisting only of permanent single-family housing may, when approved by the enforcement agency, be issued for a longer period of time not to exceed five years. (b) No permit to operate employee housing shall be issued for a period of time longer than one year during the first year of operation of the employee housing, or if within the previous two years the employee housing has been found to be in violation of this part or the regulations adopted pursuant thereto. Whenever the enforcement agency issues a permit for a period of time longer than one year, it shall make written findings indicating the reasons for issuing such a permit. (c) The findings of the enforcement agency pursuant to subdivision (b) shall include, but not be limited to, the following information: (1) The year the dwellings in the employee housing were constructed. (2) The number of years the employee housing has been operated with a valid permit to operate. (3) The number and character of any complaints received during the time the employee housing has been operating either with or without a permit. (4) Any violations cited in the last inspection of the employee housing. (Amended by Stats. 1992, Ch. 1298, Sec. 19. Effective January 1, 1993.)
  181. 17031.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Some employee housing operators may ask for an exemption from the annual permit requirement, but they must notify tenants in writing and submit the request in writing to the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17031. (a) (1) The operator of employee housing on a dairy farm that meets the requirements of Section 32505 of the Food and Agricultural Code, consisting only of permanent single-family employee housing, may request an exemption from the requirement of obtaining an annual permit to operate. The employee housing camp operator shall notify each tenant of the permanent single-family employee housing in writing that such an exemption is being requested. The request for exemption shall be made in writing to the enforcement agency. (2) An exemption shall be granted to permanent single-family employee housing unless the housing is in violation of the State Housing Law, building standards published in the California Building Standards Code relating to employee housing, or the other regulations adopted pursuant to the State Housing Law in a manner that materially affects the health and safety of the occupants, or in the case of a mobilehome or manufactured home, is in violation of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Secs. 5401, et seq.) or regulations of the department pursuant to Section 18028 in a manner that materially affects the health and safety of the occupants, or has been found in violation of this chapter within the previous two years. (b) Whenever the enforcement agency issues an exemption from the requirement of obtaining a permit to operate, it shall make written findings indicating the reasons for issuing the exemption. Exemptions shall be reviewed annually by the enforcement agency. The findings of the enforcement agency shall include, but not be limited to, all of the following information: (1) The year the dwellings in the employee housing were constructed. (2) The number of years the employee housing has been operated with a valid permit to operate. (3) The number and character of any complaints received during the time the employee housing has been operating either with or without a permit. (4) Any violations cited in the last inspection of the employee housing. (c) Failure to maintain any permanent housing in accordance with the State Housing Law, or, in the case of mobilehomes or manufactured homes, failure to maintain these mobilehomes or manufactured homes in accordance with the provisions of Part 2.1 (commencing with Section 18200) of Division 13, and the regulations adopted pursuant thereto, in a manner which materially affects the health and safety of the occupants, shall be considered cause for revocation of an exemption. (Amended by Stats. 2000, Ch. 471, Sec. 3. Effective January 1, 2001.)
  182. 17031.3.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Operators or owners of employee community housing must get a permit to operate as a labor camp unless the enforcement agency grants an exemption.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17031.3. (a) Every person operating or owning employee community housing shall obtain a permit to operate such housing as a labor camp pursuant to this part unless an exemption is granted by the enforcement agency pursuant to this section. A request for an exemption for each community shall be made in writing to the enforcement agency. The person requesting the exemption shall give written notice to each employee/tenant of the employee community housing that an exemption is being requested. The notice shall state the address and telephone number of the enforcement agency, and shall state that any employee/tenant may inform the enforcement agency of violations of health and safety standards within his or her dwelling unit. (b) The enforcement agency, after a review of all relevant facts, shall grant an exemption to the owner or operator of the employee community housing unless it finds any of the following: (1) The housing is in violation of provisions of the State Housing Law or the regulations adopted pursuant thereto in a manner which materially affects the health and safety of the residents of the housing. (2) The housing, within the previous two years, has been found in violation of the provisions of this part or the regulations adopted pursuant thereto in a manner which materially affects the health and safety of the residents of the housing. (3) The housing does not meet the requirements of employee community housing as defined by Section 17005.5. (c) An exemption granted for employee community housing in one community shall not apply to employee community housing in other communities operated or owned by the same person. (d) Employee community housing granted an exemption pursuant to this section, during the period of such exemption, shall be subject to the provisions of the State Housing Law. During this period, any notice of violation of such law and verification of corrective action shall be forwarded to the department. Not less than once every 10 years after an exemption is granted pursuant to this part, every person operating or owning employee community housing shall give written notice to each employee/tenant of the employee community housing which shall state the address and telephone number of the enforcement agency, and shall state that any employee/tenant may inform the enforcement agency of violations of health and safety standards within his or her dwelling unit. (e) The exemption granted pursuant to this section shall be rescinded by the enforcement agency if the employee community housing is not operated or maintained in substantial compliance with Section 17005.5. (Added by Stats. 1979, Ch. 1031.)
  183. 17031.4.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    If a local enforcement agency grants an exemption under Section 17031.3, it must submit specified information to the department.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17031.4. When the enforcement agency is a local agency, upon granting an exemption pursuant to Section 17031.3, the enforcement agency shall submit the following information to the department: (a) The year the housing was constructed. (b) The number of years, if any, the housing has been operated as employee housing with a valid permit to operate. (c) The number and character of any complaints received during the time the housing has been operated as employee housing. (d) Any violations of the provisions of this part and the State Housing Law which materially affect health and safety cited in the last inspection of the housing. (e) That the employee community housing has been exempted pursuant to Section 17031.3, and conforms with the requirements of Section 17005.5. (Amended by Stats. 1992, Ch. 1298, Sec. 21. Effective January 1, 1993.)
  184. 17031.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Operators of employee housing may not retaliate against a tenant for using protected rights or making protected complaints.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17031.5. (a) No person operating employee housing shall terminate or modify a tenancy by increasing rent, decreasing services, threatening to bring or bringing an action to evict, refusing to renew a tenancy, or in any other way intimidating, threatening, restraining, coercing, blacklisting, or discharging an employee or tenant because of the tenant’s exercise of any of the following acts: (1) Complaining in good faith, orally or in writing, to the operator, landlord, or employer about tenantability or about any right provided by this part. (2) Exercising any legal right with respect to the housing provided by this part. (3) Complaining in good faith, orally or in writing, to any applicable enforcement agency about tenantability or about any right provided by this part. (4) Bringing an action to enforce any rights provided for by this part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. (5) Bringing an action under Section 1942.5 of the Civil Code. (b) The tenant shall have a defense of retaliation in any action for possession if the employer or landlord acted in violation of this section. If the employer or landlord acts to discharge an employee or tenant or to modify or terminate a tenancy within six months after the employee or tenant has exercised any of the acts enumerated in subdivision (a), there is a rebuttable presumption affecting the burden of proof that the employer’s or landlord’s action was retaliatory. (c) No tenant shall have a defense of retaliation in an action for possession where tenantability is an issue of fact and the untenantable condition was caused by the deliberate or negligent act or omission of the tenant or a member of his or her family, or other persons on the premises with his or her consent. (Amended by Stats. 1992, Ch. 1298, Sec. 22. Effective January 1, 1993.)
  185. 17031.6.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    This section delays or continues certain eviction trials in employee-housing cases, and it lets the court order payment of reasonable monthly rental value while the case is delayed.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17031.6. (a) In any action brought pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, in order to evict a tenant from employee housing, this section shall apply to that proceeding, notwithstanding any other provision of law including, but not limited to, Section 1170.5 of the Code of Civil Procedure. (b) If, in an action subject to this section, a tenant alleges both of the following in an answer or other response to an unlawful detainer action, the trial on that action shall be set not earlier than 30 days from the date of filing the answer, and in no event prior to the completion of reasonable and diligently pursued discovery, as determined by the court, unless both parties stipulate to an earlier date: (1) The tenant is not guilty of unlawful detainer because he or she has engaged in protected activity pursuant to Section 1942.5 of the Civil Code or Section 17031.5 of this code. (2) The landlord’s claim that the eviction is to allow the landlord to remove the subject rental unit from use as employee housing or from the market in order to rehabilitate or demolish it is a pretext to retaliate against the tenant. (c) If, in an action subject to this section, a tenant alleged that he or she is not guilty of unlawful detainer because he or she has engaged in protected activity pursuant to Section 1942.5 of the Civil Code or Section 17031.5, and the landlord alleges or introduces evidence at trial that the purpose of the eviction is to allow the landlord to remove the subject rental unit from use as employee housing or from the market in order to rehabilitate or demolish it, the court shall immediately continue the trial for not less than 30 days, unless both parties stipulate to a waiver of this requirement. (d) (1) If, pursuant to this section, a trial is delayed or continued, the court, may, upon a noticed motion for a payment order by the lessor, order the monthly payment of the reasonable monthly rental value to the court, if rent were otherwise due, as a condition of issuing the delay or continuance order. (2) “Reasonable monthly rental value,” as used in this subdivision, means the amount determined by the court after deducting from the contract rent any set offs, including, but not limited to, a reduction in the rent because the dwelling is partially or completely untenantable or rent abatements due to the tenant or lessee. In addition, in determining whether to order the payment of a reasonable monthly rental value to the court, or in ascertaining its amount, the court shall consider the probability of the tenant or lessee prevailing in the trial, the financial ability of the tenant or lessee to maintain this action, and any other factor relevant to the proposed payment order. (Amended by Stats. 1992, Ch. 1298, Sec. 23. Effective January 1, 1993.)
  186. 17031.7.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Covered employee community housing operators may not retaliate against an employee/tenant for using housing rights, complaining about tenantability, or enforcing rights under the cited laws.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17031.7. (a) No person operating employee community housing that has been granted an exemption pursuant to Section 17031.3, or who is in the process of applying for such exemption, shall take any retaliatory employment action against an employee/tenant because of the employee/tenant’s exercise of any of the following acts: (1) Exercising any legal right with respect to the housing. (2) Complaining, orally or in writing, to the landlord or employer about tenantability of the housing. (3) Complaining, orally or in writing, to any applicable agency about tenantability of the housing. (4) Bringing an action to enforce any rights provided for by this part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. (b) “Retaliatory employment action” includes discharge from employment, wage decrease, demotion, or any other action detrimental to the employee/tenant’s employment status because of the employee/tenant’s exercise of the enumerated acts. (c) Any person subject to this section shall also be subject to the provisions of Section 1942.5 of the Civil Code. (Added by Stats. 1979, Ch. 1031.)
  187. 17031.8.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Certain enforcement agencies must send annual employee-housing reporting information to the Department of Housing and Community Development, and the department must compile, summarize, and keep the information available to the public on written request.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17031.8. (a) An agency that exercises the responsibility for the enforcement of this part pursuant to Section 17050 shall submit to the Department of Housing and Community Development, on forms provided by the department, the information specified in subdivision (c) by March 31 of each year regarding the previous calendar year. (b) The Department of Housing and Community Development shall gather the information specified in subdivision (c) for all permittees for which it acts as the enforcement agency and include a summary of the information from the permittees and enforcement agencies in the annual report submitted pursuant to Section 50408 regarding housing programs administered by the department. This subdivision shall be inoperative from July 1, 2009, to June 30, 2012, inclusive. (c) The following information shall be provided for purposes of subdivisions (a) and (b) for the reporting year: (1) The number and location of employee housing accommodations, including the number of permits to operate issued for employee housing accommodations. (2) The number and location of inactive employee housing accommodations. (3) The number and location of employee housing accommodations found operating without a permit. (4) The number of employees occupying employee housing accommodations with a permit. (5) The number of employees occupying accommodations found to be operating without a permit. (6) The number and types of inspections and reinspections performed. (7) A schedule of fees charged, the amount of fees collected for each type of fee charged and the total amount of fees collected. (8) The number of complaints received during the reporting year and the character of any violations found for each accommodation operating under permit, operating without a permit, or inactive. (9) The number and character of violations of this part and regulations adopted pursuant to this part found during inspection of each accommodation operating under permit, or operating without a permit. (10) The number of violations of this part and regulations adopted pursuant to this part that resulted in civil citations. (11) The number of cases referred to prosecutorial agencies such as the Attorney General or local district attorneys, the number of cases filed to enforce this part, and the amounts of all fines and civil penalties collected as a result of the enforcement of this part. (12) The number of staff hours dedicated to the implementation of the Employee Housing Act (Part 1 (commencing with Section 17000)). (13) The number and location of employee housing receiving an exemption pursuant to Section 17031, 17031.3, 17031.4, or 17033. (d) The information specified in subdivision (c) shall be maintained by the department and provided to members of the public who have requested it in writing. (Repealed and added by Stats. 2009, Ch. 341, Sec. 2. (SB 73) Effective January 1, 2010.)
  188. 17032.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

    Verify source ↗

    A permit-to-operate application for employee housing must be filed with the enforcement agency at least 45 days before initial occupancy, and the operator must get an amended permit if the listed information changes.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17032. Application for a permit to operate shall be made to the enforcement agency at least 45 days prior to the date of initial occupancy and shall be on the forms supplied by the enforcement agency and shall contain at least the following information: (a) The name and address and telephone numbers of the employee housing owner and operator. (b) The location of the employee housing. (c) Approximate number of occupants to be housed. (d) A description of the facilities comprising the employee housing. (e) Approximate dates of occupancy. The operator shall obtain an amended permit to operate when there is any change in the foregoing information applicable to the employee housing. (Amended by Stats. 1992, Ch. 1298, Sec. 25. Effective January 1, 1993.)
  189. 17033.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Railroad corporations operating employee housing must apply for a permit within 30 days of initial occupancy and include specified information. They do not need an amended permit if the listed information changes, but must provide the information to the department on reasonable request.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17033. Section 17032 shall not apply to employee housing owned or operated by railroad corporations. Application for a permit to operate employee housing owned or operated by a railroad corporation shall be made to the Department of Housing and Community Development within 30 days of initial occupancy and shall contain at least the following information: (a) The name and address and telephone numbers of the employee housing owner and operator. (b) The present location of the employee housing. (c) The present approximate number of occupants to be housed. (d) A description of the present facilities comprising the employee housing. (e) Approximate dates of present occupancy. An amended permit shall not be required if there is any change in the foregoing information applicable to the railroad employee housing, provided, however, the railroad corporation shall make this information available to the department upon reasonable request. (Amended by Stats. 1993, Ch. 589, Sec. 94. Effective January 1, 1994.)
  190. 17034.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    If a holder of an annual employee housing permit violates the listed requirements or permit conditions, the enforcement agency must act under Section 17055 right away.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17034. If any person who holds an annual permit to operate employee housing violates any of the provisions of this part, building standards published in the State Building Standards Code relating to employee housing, the other regulations adopted pursuant to the provisions of this part, or conditions of the permit, the enforcement agency shall proceed according to Section 17055 immediately upon discovery of such a violation. (Amended by Stats. 1992, Ch. 1298, Sec. 27. Effective January 1, 1993.)
  191. 17035.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    The department must keep two rosters: one for employee housing with valid operating permits and one for certified affordable housing organizations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17035. (a) The department shall establish and maintain a roster of all employee housing having a valid permit to operate. (b) The department shall establish and maintain a roster of all affordable housing organizations certified pursuant to Section 17030.10. (Amended by Stats. 2019, Ch. 866, Sec. 13. (AB 1783) Effective January 1, 2020.)
  192. 17036.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    The department must adopt permit and fee regulations for employee housing, set a fee schedule, and adjust fees if needed to cover enforcement costs.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17036. (a) Except as provided in Section 18930, the department shall adopt regulations that it determines are necessary for the administration and enforcement of this part. The regulations adopted, amended, or repealed shall prescribe reasonable requirements for issuance of permits and establish procedures for suspension of permits, including appeal procedures. (b) The department shall establish a schedule of fees to pay for the cost of administration and enforcement of this part, that includes, but is not limited to, the following minimum permit fees: (1) A two-hundred-dollar ($200) issuance fee for a permit to operate employee housing for each employee housing facility. (2) A twenty-seven-dollar ($27) permit operation fee for each employee the operator intends to house where that housing is supplied by the operator, and at least twenty-seven dollars ($27) for each lot or site provided for parking or the placement of manufactured homes, mobilehomes, or recreational vehicles or other accommodations by employees. (c) (1) The department may adjust the fees established pursuant to subdivision (b), if necessary, to finance the costs of administration and enforcement of this part. (2) Any fee adjustment pursuant to paragraph (1) shall be deemed a change in regulation for purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) The department may adopt additional regulations to facilitate the development of employee housing pursuant to Sections 17021.5 and 17021.6. (e) There is hereby established in the State Treasury the Employee Housing Regulation Fund. Moneys collected by the department pursuant to this part and regulations adopted pursuant thereto shall be deposited in the fund. Moneys deposited in the fund shall be available, subject to appropriation by the Legislature, to the department for expenditure in carrying out this part. The department shall set the fees with the primary objective that the aggregate revenue deposited in the fund shall not, on an annual basis, exceed the costs of the department’s activities mandated by this part. The total money contained in the fund on June 30 of each fiscal year shall not exceed the operating expenses and statewide general administrative costs that the department needs to enforce this part for one year. If the total money contained in the fund exceeds this amount, the department shall make appropriate reductions in the schedule of fees authorized by this section. (Amended by Stats. 2024, Ch. 80, Sec. 82. (SB 1525) Effective January 1, 2025.)
  193. 17037.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    People who construct, operate, or maintain employee housing must follow this part, related building standards, and other adopted regulations. Operating employee housing without the required permit triggers doubled fees, and repeated violations within five years trigger 10 times the fees. Certain landowners may also face an administrative penalty from the department if they fail to select an alternative certified operator.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17037. A person, or the agent or officer thereof, constructing, operating, or maintaining employee housing shall comply with the requirements of this part, with building standards published in the State Building Standards Code relating to employee housing, and with the other regulations adopted pursuant to this part. (a) A person operating or maintaining employee housing without first having obtained a permit to operate from the enforcement agency shall pay double the fees prescribed for the permit to operate the employee housing. (b) A person found for a second or subsequent time within a five-year period to be operating or maintaining employee housing without first having obtained a permit to operate from the enforcement agency shall pay 10 times the fees prescribed for the permit to operate the employee housing. The two or more violations referenced in this paragraph may be with regard either to the same enforcement agency or to two or more different enforcement agencies. (c) Notwithstanding Section 17061, a landowner who obtained approval of an agricultural employee housing development pursuant to Section 17021.8 shall be subject to an administrative penalty issued by the department if the landowner fails to select an alternative certified person to operate and maintain the agricultural employee housing development as required by subdivision (c) of Section 17037.5. (Amended by Stats. 2019, Ch. 866, Sec. 14. (AB 1783) Effective January 1, 2020.)
  194. 17037.5.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    If someone stops operating or maintaining permitted employee housing, they must file a Certificate of Non-Operation with the enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17037.5. (a) A person who ceases to operate or maintain employee housing that is subject to the permit requirement pursuant to this part shall complete and submit annually a Certificate of Non-Operation to the enforcement agency. The Certificate of Non-Operation shall be submitted for two years following the discontinuation of the use of any area on the property as employee housing. The Certificate of Non-Operation shall attest under penalty of perjury that the employee housing has been destroyed, or is no longer owned or operated, or has not been and shall not be occupied by five or more employees during the calendar year. (b) The Certificate of Non-Operation shall include the owner’s name and address, the operator’s name and address, the employee housing name and location, the maximum number of employees who have occupied or shall occupy the employee housing during the calendar year, and any other information considered relevant by the enforcement agency. The Certificate of Non-Operation shall be completed and submitted to the enforcement agency no later than 30 calendar days after the enforcement agency provides the form to the owner or operator. (c) If a certified person’s permit required by Section 17030 expires or the certified person is otherwise unable or unwilling to continue to operate and maintain an agricultural employee housing that was approved pursuant to Section 17021.8 for the agreed time period as required by Section 17021.8, the landowner who obtained that approval within 90 days of the certified person’s ceasing operation and maintenance of the agricultural employee housing, shall select an alternative certified affordable housing organization to operate and maintain the agricultural employee housing. (Amended by Stats. 2019, Ch. 866, Sec. 15. (AB 1783) Effective January 1, 2020.)
  195. 17038.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    The operator must appoint a responsible person for employee housing, and that person must maintain the housing in compliance with the applicable requirements and regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17038. At all employee housing, a responsible person shall be appointed by the operator to maintain the employee housing in compliance with the use, maintenance, and occupancy requirements of this part and the regulations adopted pursuant thereto. In addition, at all employee housing, an operating telephone number shall be posted conspicuously for the purposes of emergencies and complaints. (Amended by Stats. 1992, Ch. 1298, Sec. 32. Effective January 1, 1993.)
  196. 17039.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. )

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    Occupants of employee housing must use provided facilities properly and comply with the relevant maintenance and sanitation rules in this part.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 3. Permits and Fees [17030 - 17039] ( Chapter 3 added by Stats. 1979, Ch. 62. ) ## 17039. (a) Every occupant of employee housing shall properly use the facilities furnished and shall comply with the relevant maintenance and sanitation provisions of this part. (b) The provisions of Chapter 6 (commencing with Section 17060) do not apply to this section. (Added by Stats. 1997, Ch. 49, Sec. 1. Effective January 1, 1998.)
  197. 17040.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. )

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    The department must make and change rules for employee housing, except as provided in Section 18930, and the appropriate enforcement agency must enforce the related building standards and regulations.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. ) ## 17040. (a) Except as provided in Section 18930, the department shall adopt, amend, or repeal rules and regulations for the protection of the public health, safety, and general welfare of employees and the public, governing the erection, construction, enlargement, conversion, alteration, repair, occupancy, use, sanitation, ventilation, and maintenance of all employee housing. (b) The appropriate enforcement agency shall enforce building standards published in the State Building Standards Code relating to employee housing and other regulations of the department promulgated pursuant to subdivision (a), including, but not limited to, processing violations in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code. (c) The department shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 for the purposes described in this chapter. (Amended by Stats. 1992, Ch. 1298, Sec. 33. Effective January 1, 1993.)
  198. 17041.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. )

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    The department must consider local conditions when making rules, may set fee schedules for employee housing, may waive or reduce some fees in certain construction or rehabilitation cases, and must waive operating permit fees for the first three years after qualifying new construction or substantial rehabilitation.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. ) ## 17041. (a) Except as provided in Section 17011, the rules and regulations adopted, amended, or repealed from time to time pursuant to this part shall be consistent with accepted standards and practices reasonably applicable to permanent and temporary employee housing and the utilization of housing or camping facilities. In promulgating rules and regulations, the department shall consider, among other things, geographic, topographic, and climatic conditions. The department may establish a schedule of fees for the construction and operation of employee housing wherever the department is the enforcing agency. (b) The department may provide for the waiver or reduction of fees during construction or substantial rehabilitation that is not the result of a notice by an enforcement agency where funding is received from a public entity. The department shall provide for a waiver of the fees for an operating permit during the first three years of operation after new construction or substantial rehabilitation of employee housing that is not the result of a notice by an enforcement agency. (Amended by Stats. 1992, Ch. 1298, Sec. 34. Effective January 1, 1993.)
  199. 17042.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. )

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    The department may not adopt or publish certain building standards after January 1, 1980 unless specific statutory exceptions apply.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. ) ## 17042. Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18900), on and after January 1, 1980, the department shall not adopt or publish a building standard as defined in Section 18909, unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, or continued in effect, pursuant to this part and not expressly excepted by statute from the provisions of the State Building Standards Law, shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Amended by Stats. 1983, Ch. 101, Sec. 122.)
  200. 17044.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. )

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    The department may change standards, forms, definitions, and guidelines to carry out Sections 17030.10 and 17037, and those materials are exempt from APA rulemaking requirements.

    ## Health and Safety Code - HSC ## DIVISION 13. HOUSING [17000 - 19997] ( Division 13 enacted by Stats. 1939, Ch. 60. ) ## PART 1. EMPLOYEE HOUSING ACT [17000 - 17062.5] ( Part 1 added by Stats. 1979, Ch. 62. ) ## CHAPTER 4. Rules and Regulations [17040 - 17044] ( Chapter 4 added by Stats. 1979, Ch. 62. ) ## 17044. (a) The department may review, adopt, amend, or repeal standards, forms, or definitions in order to implement Sections 17030.10 and 17037. Any standards, forms, or definitions adopted, amended, or repealed pursuant to Section 17030.10 or 17037 are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) In consultation with stakeholders, and with a public comment period no less than 30 days, the department may adopt guidelines to implement Sections 17030.10 and 17037. Any guideline, rule, policy, or standard of general application employed by the department in implementing Section 17030.10 or 17037 shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2020, Ch. 264, Sec. 13. (AB 107) Effective September 29, 2020.)

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