Health and Safety Code — Part 5 | HSC — United States — California law | Esheria

Health and Safety Code

Part 5 of 87 · provisions 801–1,000

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

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

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 104915.

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

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    The department must maintain a program to promote medical and health care for aging people, and it may work with public or private organizations on pilot projects.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Aging [104905 - 104920] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104915. The department shall maintain a program to promote availability of medical and health care for the aging. The department may contract with public or private organizations for conducting pilot projects designed to determine the most effective and most efficient methods of providing medical and health care services for the aging. For purposes of this chapter, the term “aging” means persons who are eligible for old age benefits under the Social Security Act. Such program may include, but is not limited to: (a) Technical and financial assistance to local agencies for pilot projects developing or testing new or innovative systems for assuring the availability of medical and health care for the aging. Pilot projects may include, but are not limited to: (1) Mobile health clinics. (2) Mobile health teams. (3) Patient transportation systems. (4) Patient surveillance and referral systems. (b) Studies of the health and medical care of the aging of the state. (c) Coordination with similar programs of the federal government, other states, and public or private organizations. (d) Development of recommendations for improved systems of medical and health care. (e) Collection and summarization of statistics describing needs for and effectiveness of various methods of providing health and medical care. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  2. 104920.

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

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    The Legislature states that the California Commission on Aging should coordinate aging programs in California, except programs assigned elsewhere by the Governor or Legislature.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Aging [104905 - 104920] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 104920. It is the intent of the Legislature that the California Commission on Aging be the coordinating agency of all programs for the aging in this state, except those programs designated elsewhere by the Governor or Legislature. It is further the intent of the Legislature that the commission cooperate with the department to evaluate and further coordinate programs for outpatient medical services for the aging. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  3. 105100.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    The Legislature states findings about California’s growing older-adult population and the need for stronger geriatrics and gerontology training and programs.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105100. The Legislature finds and declares all of the following: (a) In 1998, there were about 3.57 million Californians age 65 and older, a 15 percent increase since 1990. This number will at least increase to five million in 2010 and grow to seven million by 2020, with those persons over age 85 representing the fastest growing segment of the population. (b) By 2020, the numbers of Hispanic, African American, and other minority older persons will more than quadruple to an estimated total of at least 2.8 million. (c) The age group over 75 has the highest rate of health care utilization of all groups. (d) The higher prevalence of chronic conditions in those age 65 and older results in greater use of physician services. On average, they visit a physician nine times a year compared to five visits by the general population. They are hospitalized over three times as often as the younger population, stay 50 percent longer, and use twice as many prescription drugs. (e) The knowledge and skill base in geriatrics, which is essential to the provision of medical care to older patients, has not been adequately integrated into the training of today’s doctors and other health care professionals. (f) If resources are not invested now for better training in geriatrics, there will be an inadequate supply of doctors properly trained to treat older patients by 2010. (g) The Academic Geriatric Resource Program was established in 1984 as a mechanism for developing within the University of California new educational initiatives in geriatrics, gerontology, and other disciplines relating to aging. The program originally was funded at one million dollars ($1,000,000). Funding has not kept pace with inflation or need. The program in 1999 was funded at one million one hundred thousand dollars ($1,100,000). (h) The Association of American Medical Colleges acknowledged the problem of inadequate medical education in geriatrics in December 1999 by launching a new program to enhance the gerontology and geriatric curricula at United States medical schools. The association recognized that geriatrics should “be represented in a more coherent and comprehensive manner in the curricula of all U.S. medical schools.” (Repealed and added by Stats. 2000, Ch. 440, Sec. 8. Effective January 1, 2001.)
  4. 105101.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    The Legislature states that the University of California should provide geriatrics courses and training for medical students, internists, and family physicians.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105101. It is the intent of the Legislature that the University of California provide academic courses and training in the field of geriatrics for medical students and existing general internists and family physicians in order to ensure that every general internist and family physician, along with other professions, have the requisite knowledge and skills to competently treat the older population by the year 2010 when the baby boomer generation begins to retire. (Added by Stats. 2000, Ch. 440, Sec. 9. Effective January 1, 2001.)
  5. 105105.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    The University of California must use a multidisciplinary approach when developing geriatric resource programs, and those programs must include one or more specified education and service elements.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105105. It is the purpose of the Legislature, in enacting this chapter, for the University of California to establish academic geriatric resource programs and encourage the development of expanded educational and community service programs in geriatric medicine at its medical schools or other health science campuses. A multidisciplinary approach shall be utilized in the development of these programs. The programs shall include, but not be limited to, one or more of the following elements: (a) Preclinical, clinical, or postgraduate educational programs in geriatrics for health science students to instruct and train them in recognizing and responding to the needs and dynamics of the health care of older patients. (b) Provision of continuing education in geriatrics for health care providers and the general public. (c) A teaching nursing home program to research nursing home health care practices and to instruct and train health science students about geriatric care. (d) Development and evaluation of the best practices for the health care of older persons. (e) Development and evaluation of interdisciplinary models of geriatric training. (f) Development and evaluation of innovative health care delivery sites and programs for older persons. (Amended by Stats. 2000, Ch. 440, Sec. 10. Effective January 1, 2001.)
  6. 105110.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    This section defines three terms used in the chapter: academic geriatric resource program, nursing home, and teaching nursing home.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105110. For purposes of this chapter, the following definitions apply: (a) “Academic geriatric resource program” means a program which includes one of the elements specified in Section 105105. (b) “Nursing home” means a licensed skilled nursing or licensed intermediate care facility, as defined by Section 1250. (c) “Teaching nursing home” means a licensed skilled nursing or licensed intermediate care facility, as defined by Section 1250, which is owned or operated by, or affiliated with, a University of California or private university campus with a medical or health sciences center, for the purpose of providing training, patient care, research, and community service. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  7. 105112.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    This section expresses the Legislature’s intent that University of California medical students and certain residents complete geriatric medicine curricula, and that the University of California develop and implement the program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105112. (a) It is the intent of the Legislature that University of California medical students complete a definable curriculum in geriatric medicine over the course of their medical school training to meet recommended core competencies for the care of older persons. It is the intent of the Legislature that this curriculum instill the attitudes, knowledge, and skills that physicians need to provide competent and compassionate care for older persons, including both didactic and clinical experiences encompassing the spectrum of health status of older persons and community-based sites for clinical training. (b) It is the intent of the Legislature that University of California medical residents in internal medicine, family practice, and psychiatry complete a definable curriculum in geriatric medicine over the course of their residency training. It is the intent of the Legislature that this curriculum instill the attitudes, knowledge, and skills that physicians practicing these specialties need to provide competent and compassionate care for older persons. This curriculum should encompass the spectrum of health status of older persons and include community-based sites for clinical training. (c) It is the intent of the Legislature that the University of California be responsible for developing, implementing, maintaining, and evaluating the geriatric medicine content needed in the curriculum. The curriculum shall take into consideration the recommendations of the Institute of Medicine of the National Academy of Sciences, the American Geriatric Society, and other nationally recognized medical organizations. The expanded geriatric medicine program and curriculum should be developed and implemented at each University of California school of medicine as soon as possible, but no later than September 1, 2003. (d) The Legislature requests that, no later than March 30, 2003, the Regents of the University of California submit a progress report on the status of the implementation of a definable curriculum in geriatric medicine at each campus in accordance with this act. (e) The Legislature requests that, no later than March 30, 2004, the Regents of the University of California submit a report on the status of the implementation of a definable curriculum in geriatric medicine at each campus. The report should include the total number of hours of geriatric instruction to be given at each school of medicine and the number of weeks of that instruction or experience provided at each medical school. This report should be written by a committee that is specifically charged with reporting on the status of the implementation of this section. The majority of committee members should be national experts in the geriatric field who are not University of California employees. (f) The Legislature requests that every 5 years, commencing no later than June 30, 2005, the Regents of the University of California submit a report describing progress in geriatrics training and related initiatives at each campus in accordance with the act. This report should be written by a committee that is specifically charged with evaluating this progress. The majority of committee members should be national experts in the geriatric field who are not University of California employees. (g) Copies of the reports requested in subdivisions (d), (e), and (f) are to be submitted to the members of the Assembly Committee on Aging and Long-Term Care, the members of the Senate Health and Human Services Subcommittee on Aging and Long-Term Care, and the Chairpersons of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review. (h) It is the intent of the Legislature that the professors occupying the University of California endowed chairs in geriatric medicine funded in the 2000–01 Budget Act provide leadership in developing and implementing the expanded geriatric medicine programs and curriculum at the University of California, and that one-time funds provided to the Academic Geriatric Resource Program in the Budget Act of 2000 also be used to expand geriatric medicine programs and curriculum at the university to implement subdivisions (a) and (b). (Amended by Stats. 2001, Ch. 159, Sec. 134. Effective January 1, 2002.)
  8. 105115.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    The Regents of the University of California are responsible for making grants for the Academic Geriatric Resource Program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105115. The Regents of the University of California shall be the agency with the responsibility for making grants for the Academic Geriatric Resource Program. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  9. 105120.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    The Regents of the University of California are asked to submit a progress report to the Legislature on March 30, 2001 and every two years after that.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105120. The Legislature requests that, on March 30, 2001, and biennially thereafter, the Regents of the University of California submit a progress report to the Legislature, including copies to the members of the Assembly Committee on Aging and Long-Term Care, the members of the Senate Health and Human Services Subcommittee on Aging and Long-Term Care, and the Chairpersons of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review, regarding the grant programs established pursuant to this chapter. The report should include, but not be limited to, all of the following elements: (a) A description of the progress made in implementing and maintaining the programs. (b) The number of academic geriatric resource programs established. (c) The characteristics and costs of the programs. (d) A summary of the progress towards developing and implementing educational and community service programs in geriatric medicine at each campus. (e) An evaluation of the program’s effectiveness at each campus, including identification of problems and limitations, and strategies to overcome them. The report should separately delineate the information required pursuant to this section with respect to each medical or health science campus that receives funding under a grant program established pursuant to this chapter. (Amended by Stats. 2000, Ch. 440, Sec. 11. Effective January 1, 2001.)
  10. 105125.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    Chapter provisions do not apply to the University of California unless the Regents make a provision applicable by resolution.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105125. No provision of this chapter shall be applicable to the University of California unless the Regents of the University of California, by resolution, make that provision applicable. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  11. 105130.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    The department must seek any Medicaid waivers needed to implement this chapter.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105130. The department shall seek any Medicaid waivers necessary to implement this chapter. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  12. 105140.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. )

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    The Legislature expresses an intent to encourage the Regents of the University of California to monitor physician licensing requirements, review medical school programs, and ask UC health science schools to give more emphasis to geriatrics in their curricula.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 1. University of California Programs [105100 - 105140] ( Article 1 heading added by Stats. 2002, Ch. 551, Sec. 2. ) ## 105140. (a) In addition to the other programs provided under this chapter, it is the intent of the Legislature to encourage the Regents of the University of California to monitor existing physician licensing requirements, and any additional requirements developed in response to Section 105135. It is also the intent of the Legislature that the regents review programs and offerings in the schools of medicine to ensure that graduates of those schools are adequately prepared to meet the licensing requirements in geriatric medicine and any other educational requirements in geriatric medicine deemed appropriate by the regents. (b) It is the intent of the Legislature that the regents request the medical and other health science schools of the University of California to consider the need for additional emphasis on geriatrics in their curricula. (Amended by Stats. 2004, Ch. 193, Sec. 115. Effective January 1, 2005.)
  13. 105145.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 2. California State University Programs [105145 - 105145.5] ( Article 2 added by Stats. 2002, Ch. 551, Sec. 3. )

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    The California State University system is responsible for developing, implementing, maintaining, and evaluating the curriculum content for gerontology training.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 2. California State University Programs [105145 - 105145.5] ( Article 2 added by Stats. 2002, Ch. 551, Sec. 3. ) ## 105145. (a) It is the intent of the Legislature that California State University students who are receiving training to provide services to the senior population complete a curriculum in the field of gerontology. It is the intent of the Legislature that this curriculum be designed to instill the attitudes, knowledge, and skills the students will need to provide competent and compassionate care for older persons. (b) It is the intent of the Legislature that the California State University system shall be responsible for developing, implementing, maintaining, and evaluating the necessary content in the curriculum. (Added by Stats. 2002, Ch. 551, Sec. 3. Effective January 1, 2003.)
  14. 105145.3.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 2. California State University Programs [105145 - 105145.5] ( Article 2 added by Stats. 2002, Ch. 551, Sec. 3. )

    Verify source ↗

    California State University must provide gerontology courses and training, and campuses that educate such personnel must develop training guidelines and a student recruitment plan.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 2. California State University Programs [105145 - 105145.5] ( Article 2 added by Stats. 2002, Ch. 551, Sec. 3. ) ## 105145.3. (a) The California State University system shall provide academic courses and training in the field of gerontology for professional service delivery personnel providing services to the senior population. For purposes of this article, “professional service delivery personnel” includes, but is not limited to, all of the following: (1) Social workers. (2) Nurses. (3) Gerontologists. (4) Physical therapists. (5) Psychologists. (b) Each of the California State University campuses that educates professional service delivery personnel shall, through its established curriculum development processes, do both of the following: (1) Develop and implement guidelines for training in gerontology. (2) Establish a plan for the recruitment of students to enter fields of service for the maturing California population that will ultimately lead to a higher quality service delivery system for the senior population. (Added by Stats. 2002, Ch. 551, Sec. 3. Effective January 1, 2003.)
  15. 105145.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 2. California State University Programs [105145 - 105145.5] ( Article 2 added by Stats. 2002, Ch. 551, Sec. 3. )

    Verify source ↗

    The Trustees of the California State University must submit a progress report to the Legislature on gerontology curricula by January 1, 2004.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 4. OLDER ADULTS [104905 - 105145.5] ( Part 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Geriatrics and Gerontology Programs [105100 - 105145.5] ( Heading of Chapter 3 amended by Stats. 2002, Ch. 551, Sec. 1. ) ## ARTICLE 2. California State University Programs [105145 - 105145.5] ( Article 2 added by Stats. 2002, Ch. 551, Sec. 3. ) ## 105145.5. On or before January 1, 2004, the Trustees of the California State University shall submit a progress report to the Legislature on the status of the establishment and implementation of curricula in gerontology in accordance with this article. (Added by Stats. 2002, Ch. 551, Sec. 3. Effective January 1, 2003.)
  16. 105150.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Occupational Health and Disease Control [105150- 105150.] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Local health departments must provide occupational health services for employed persons.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 1. Occupational Health and Disease Control [105150- 105150.] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105150. (a) Local health departments, as defined in Section 101185, shall provide services in occupational health to promote the health of employed persons, including educational, consultative, statistical, investigative, and other activities appropriate thereto. (b) This section shall become operative on July 1, 1994. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  17. 105175.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Occupational Health and Disease Prevention Program [105175 - 105180] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must run an occupational health and disease prevention program and, in specified situations, notify the Division of Occupational Safety and Health, collect or share information, and allow workplace investigations.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Occupational Health and Disease Prevention Program [105175 - 105180] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105175. (a) The department shall maintain a program on occupational health and occupational disease prevention, including, but not limited to, the following: (1) Investigations into the causes of morbidity and mortality from work-induced diseases. (2) Development of recommendations for improved control of work-induced diseases. (3) Maintenance of a thorough knowledge of the effects of industrial chemicals and work practices on the health of California workers. (4) Provision of technical assistance in matters of occupational disease prevention and control to the Department of Industrial Relations and other governmental and nongovernmental agencies, organizations, and private individuals. (5) Collection and summarization of statistics describing the causes and prevalence of work-induced diseases in California. (b) The functions provided for in subdivision (a) are intended to implement within the department a continuing research and development capability and a repository of hazardous substances capability which will reinforce and strengthen the administration of the California Occupational Safety and Health Act of 1973, Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, including the capability to recommend occupational health standards to the California Occupational Safety and Health Standards Board. Whenever the repository identifies data gaps for any chemical regulated by the California Occupational Safety and Health Act of 1973, the department shall notify the Division of Occupational Safety and Health of the Department of Industrial Relations of its finding. (c) Upon the request of the department, and in furtherance of the goals of the occupational disease prevention program, employers shall provide to the department the results of monitoring data, both exposure and medical, which has been collected pursuant to Cal-OSHA standards and regulations. (d) The state department shall have access without delay to any place of employment during regular working hours and at other reasonable times to conduct investigations necessary to carry out the purposes of this article and Article 2 (commencing with Section 105185), including, but not limited to, research, health hazard evaluation, and epidemiological surveillance. In connection with the investigation, the department may question privately any employer, owner, operator, agent, or employee and review and copy records collected pursuant to Cal-OSHA standards and regulations, and other related records. (e) The repository maintained pursuant to this section and Section 147.2 of the Labor Code shall contain the report issued pursuant to former Sections 13124 and 13125 of the Food and Agricultural Code. Whenever a request for toxicity information is received concerning a chemical discussed in that report, the department shall notify the requestor of the nature and extent of any data gaps identified in the report with respect to that chemical. Whenever the repository receives a request about toxicity information on any other chemical, in addition to providing available information about the known toxic effects of exposure to the chemical, the repository shall also notify the requester of a determination by any state agency or federal agency that the chronic health effects testing data on the chemical is inadequate or incomplete. State agencies that maintain information on the toxic effects of chemicals shall provide the repository with access to that information. (Amended by Stats. 2004, Ch. 193, Sec. 116. Effective January 1, 2005.)
  18. 105180.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Occupational Health and Disease Prevention Program [105175 - 105180] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must avoid duplication when its activities may overlap with those of another state department or agency.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 1. Occupational Health and Disease Prevention Program [105175 - 105180] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105180. In any situation where these activities may duplicate or overlap the activities of another state department or agency such as the Department of Industrial Relations or Division of Industrial Safety, the department shall avoid duplication. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  19. 105185.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must run an occupational lead poisoning prevention program and report certain employee blood lead cases to the Division of Occupational Safety and Health within five business days.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105185. (a) The department shall establish and maintain an occupational lead poisoning prevention program, including, but not limited to, the following: (1) Developing a system for monitoring laboratory reports of cases of adult lead toxicity, to create an occupational lead poisoning registry. (2) Following up reported cases of occupational lead poisoning to ascertain the source of lead exposure. (3) Conducting investigations in cases where take-home exposure may be occurring, where there is a likelihood of identifying additional cases, or where a previously unidentified risk factor may be present. (4) Conducting training of employers, employees, and health professionals regarding prevention of occupational lead poisoning. (5) Making recommendations for the prevention of lead poisoning. (b) In any situation where the activities specified in subdivision (a) may duplicate or overlap the activities of any other state department or agency, including the Department of Industrial Relations, the department shall coordinate with the other departments or agency and take actions to avoid program and service duplication. (c) As part of the department’s Occupational Lead Poisoning Prevention Program, the department shall consider a report from a laboratory of an employee’s blood lead level at or above 20 micrograms per deciliter to be injurious to the health of the employee and shall report that case within five business days of receiving the report to the Division of Occupational Safety and Health. (d) The department may adopt regulations to implement this section and Sections 105190 and 105195. Any regulations adopted shall be considered and adopted as emergency regulations in accordance with Section 11346.1 of the Government Code. (e) The employee blood lead level established by this section is not intended to supersede any lower blood lead level that may be actionable under the Division of Occupational Safety and Health’s lead standards in its general industry safety order (Section 5198 of Title 8 of the California Code of Regulations) or construction safety order (Section 1532.1 of Title 8 of the California Code of Regulations). For purposes of this subdivision, an actionable employee blood lead level means a level that triggers an employer obligation to reduce lead exposure in the workplace or an investigation by the division. (Amended by Stats. 2019, Ch. 710, Sec. 1. (AB 35) Effective January 1, 2020.)
  20. 105190.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Certain employers must pay an annual lead-poisoning prevention fee to the State Board of Equalization, with the amount set by employee count and industry classification.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105190. (a) A fee shall be paid annually to the State Board of Equalization by employers in industries identified by the four-digit Standard Industrial Classification (S.I.C., 1987 Edition) established by the United States Department of Commerce and for which the State Board of Equalization has received information from the department of documented evidence of potential occupational lead poisoning. (b) The department shall provide to the State Board of Equalization on or before the first day of November of each year, all information for the prior three-year period obtained by the California Blood Lead Registry, regarding evidence of potential occupational lead poisoning by the Standard Industrial Classification. Based on this information, the State Board of Equalization shall determine whether an employer is within Category A of the Standard Industrial Classification or within Category B of the Standard Industrial Classification and shall implement the fee schedule set forth in subdivision (c). For the purpose of this subdivision and subdivision (c), a Category A Standard Industrial Classification code is a Standard Industrial Classification code listed in Section 105195 for which there have been fewer than 20 persons with elevated blood lead levels reported to the California Blood Lead Registry in the prior three-year period. A Category B Standard Industrial Classification code is a Standard Industrial Classification code listed in Section 105195 for which there have been 20 or more persons with elevated blood lead levels reported to the California Blood Lead Registry in the prior three-year period. An elevated blood lead level is a level greater than or equal to 25 micrograms of lead per deciliter of blood. (c) For employers with 10 or more employees, but less than 100 employees, in a Category A Standard Industrial Classification code, the annual fee shall be one hundred ninety-five dollars ($195). For employers with 100 or more employees, but fewer than 500 employees, in a Category A Standard Industrial Classification code, the annual fee shall be three hundred ninety dollars ($390). For employers with 500 or more employees in a Category A Standard Industrial Classification code, the annual fee shall be nine hundred seventy-five dollars ($975). For employers with 10 or more employees, but fewer than 100 employees, in a Category B Standard Industrial Classification code, the annual fee shall be two hundred seventy-nine dollars ($279). For employers with 100 or more employees, but fewer than 500 employees, in a Category B Standard Industrial Classification code, the annual fee shall be seven hundred eighty-one dollars ($781). For employers with 500 or more employees in a Category B Standard Industrial Classification code, the annual fee shall be two thousand two hundred thirty-two dollars ($2,232). For the purpose of this subdivision, an employer is any person defined in Section 25118 of the Health and Safety Code. Employers with fewer than 10 employees are not subject to any fees pursuant to this section. (d) The fees imposed in subdivision (c) are the rates for calendar year 1995 and shall be adjusted annually by the State Board of Equalization to reflect increases or decreases in the cost of living during the prior fiscal year as measured by the Consumer Price Index issued by the Department of Industrial Relations, or a successor agency. This adjustment of fees shall not be subject to the requirements of Chapter 2.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) In no event shall the annual fee exceed the cost of the program described in Section 105185. The department may exempt from payment of fees those employers who demonstrate that lead is not present in their places of employment. The cost of the program described in Section 105185 shall not exceed the amount of revenue collected from the annual fee. (f) The fee imposed pursuant to subdivision (b) shall be paid by each employer which is identified in the schedule in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code and shall be deposited in the Occupational Lead Poisoning Prevention Account of the General Fund, which is hereby created, to be expended for the purposes of the Occupational Lead Poisoning Prevention Program, including the cost of administering the fees by the State Board of Equalization, upon appropriation by the Legislature. (Added by renumbering Section 429.14 (as amended by Stats. 1995, Ch. 630) by Stats. 1996, Ch. 720, Sec. 1. Effective January 1, 1997.)
  21. 105191.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The State Department of Health Services must define a de minimis amount of lead use or disturbance, and employers meeting that definition are exempt from the Occupational Lead Poisoning Fee.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105191. (a) The Legislature finds and declares all of the following: (1) There are some employers who use or disturb very small amounts of lead in ways that pose a very minimal potential for lead poisoning of employees. (2) These users of de minimis amounts of lead are not currently eligible for a waiver of the Occupational Lead Poisoning Fee. (b) The State Department of Health Services shall adopt regulations that define a de minimis amount of lead use or disturbance. Any employer who is within the requirements of this definition shall be exempt from payment of the Occupational Lead Poisoning Fee. (Added by Stats. 1996, Ch. 720, Sec. 2. Effective January 1, 1997.)
  22. 105195.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section applies lead-poisoning prevention rules to a listed set of industries and gives the department power to add or remove industry codes by regulation, and to waive an employer’s fee in certain cases.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105195. (a) Sections 105185 and 105190 shall apply to the following industries: (1) 1622 Bridges, tunnels, and elevated highways. (2) 1721 Painting, paper hanging, and decorating. (3) 1791 Structural steel erection. (4) 1795 Wrecking and demolition work. (5) 2759 Commercial printing. (6) 2816 Inorganic pigments manufacture. (7) 2819 Industrial inorganic chemicals. (8) 2821 Plastics materials and resins. (9) 2892 Explosives manufacture. (10) 2899 Chemical preparations. (11) 3069 Fabricated rubber products. (12) 3087 Custom compounding of purchased plastics resins. (13) 3089 Plastic products. (14) 3229 Pressed and blown glass. (15) 3231 Products of purchased glass. (16) 3253 Ceramic walls and floor tiles. (17) 3262 Vitreous china food utensils. (18) 3269 Pottery products. (19) 3313 Electrometallurgical products. (20) 3331 Primary copper. (21) 3339 Primary nonferrous metals, except copper and aluminum. (22) 3341 Secondary nonferrous metals. (23) 3356 Nonferrous rolling, drawing, extruding. (24) 3363 Aluminum die castings. (25) 3364 Nonferrous die castings. (26) 3365 Aluminum foundries. (27) 3366 Copper foundries. (28) 3369 Nonferrous foundries. (29) 3399 Primary metal products. (30) 3411 Metal cans manufacture. (31) 3431 Metal sanitary ware. (32) 3432 Plumbing fittings and brass goods. (33) 3441 Fabricated structural metal. (34) 3484 Small arms. (35) 3491 Industrial valves. (36) 3492 Fluid power valves and hose fittings. (37) 3494 Valves and pipe fittings. (38) 3496 Miscellaneous fabricated wire products. (39) 3497 Metal foil and leaf. (40) 3585 Refrigeration and heating equipment. (41) 3599 Machinery, except electrical. (42) 3624 Carbon and graphite products. (43) 3661 Telephone and telegraph apparatus. (44) 3662 Radio and television communication equipment. (45) 3663 Radio and television equipment. (46) 3669 Communications equipment. (47) 3674 Semiconductors and related devices. (48) 3691 Storage batteries. (49) 3692 Primary batteries, dry and wet. (50) 3699 Electrical equipment and supplies. (51) 3711 Motor vehicles and car bodies. (52) 3714 Motor vehicle parts and accessories. (53) 3721 Aircraft. (54) 3953 Marking devices. (55) 3812 Search and navigation equipment. (56) 3829 Measuring and controlling devices. (57) 5064 Electrical appliances, television, and radios. (58) 5093 Scrap and waste materials. (59) 7538 General automotive repair shops. (60) 7539 Automotive repair shops. (61) 7997 Membership sports and recreation clubs. (62) 7999 Amusement and recreation. (b) (1) If the department determines that the potential for occupational lead poisoning exists in industries not covered by this section, based on new evidence, the department shall have the authority to add Standard Industrial Classification codes by regulation. Multiple case reports of occupational lead toxicity shall be a criterion for adding Standard Industrial Classification codes covered by this section for the purpose of fee assessment. (2) If the department determines that lead use and lead exposure no longer exist in an industry covered by this section, based on new evidence, the department shall delete the Standard Industrial Classification code or individual industries within a Standard Industrial Classification code by regulation. If the department otherwise determines that the potential for occupational lead poisoning no longer exists in an industry covered by this section, based on new evidence, the department shall have the authority to delete Standard Industrial Classification codes or individual industries with a Standard Industrial Classification code by regulation. If the department determines that lead use and lead exposure no longer exist in the operations of an employer in an industry covered by this section, based on evidence submitted by the employer, the department may waive the fee of that employer. (Amended by Stats. 2006, Ch. 538, Sec. 416. Effective January 1, 2007.)
  23. 105197.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must run a lead-poisoning prevention program, adopt related regulations, and set accreditation, certification, licensing, and fee rules.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 2. Occupational Health and Disease Prevention [105175 - 105197] ( Chapter 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## ARTICLE 2. Occupational Lead Poisoning Prevention [105185 - 105197] ( Article 2 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105197. (a) A program is hereby established within the department to meet the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X of the Housing and Community Development Act of 1992 (P.L. 102-550). (b) The department shall implement and administer the program. The department shall have powers and authority consistent with the intent of, and shall promulgate regulations to establish the program as an authorized state program pursuant to, Title IV, Section 402 to 404, inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601 and following). (c) Regulations regarding accreditation of training providers that are promulgated pursuant to subdivision (b) shall include, but not be limited to, provisions governing accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work as defined in Section 6716 of the Labor Code, and certification of employees who have successfully completed that training. Regulations regarding accreditation of training providers shall, as a condition of accreditation, require providers to offer training that meets the requirements of Section 6717 of the Labor Code. The department shall, not later than August 1, 1994, adopt regulations establishing fees for the accreditation of training providers, the certification of individuals, and the licensing of entities engaged in lead-related occupations. The fees imposed under this subdivision shall be established at levels not exceeding an amount sufficient to cover the costs of administering and enforcing the standards and regulations promulgated under this section. The fees established pursuant to this subdivision shall not be imposed on any state or local government or nonprofit training program. (d) All regulations affecting the training of employees shall be adopted in consultation with the Division of Occupational Safety and Health. The regulations shall include provisions for allocating to the division an appropriate portion of funds to be expended for the program for the division’s cost of enforcing compliance with training and certification requirements. The department shall adopt regulations to establish the program on or before August 1, 1994. (e) The department shall review and amend its training, certification, and accreditation regulations promulgated under this section as is necessary to ensure continued eligibility for federal and state funding of lead-hazard reduction activities in the state. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  24. 105200.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Physicians must report suspected pesticide poisoning to the local health officer quickly, and local health officers must notify and report the case to other agencies.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105200. Any physician and surgeon who knows, or has reasonable cause to believe, that a patient is suffering from pesticide poisoning or any disease or condition caused by a pesticide shall promptly report that fact to the local health officer by telephone within 24 hours and by a copy of the report required pursuant to subdivision (a) of Section 6409 of the Labor Code within seven days, except that the information which is available to the physician and surgeon is all that is required to be reported as long as reasonable efforts are made to obtain the information. Each local health officer shall immediately notify the county agricultural commissioner and, at his or her discretion, shall immediately notify the Director of Environmental Health Hazard Assessment of each report received and shall report to the Director of Pesticide Regulation, the Director of Environmental Health Hazard Assessment, and the Director of Industrial Relations, on a form prescribed by the Director of Environmental Health Hazard Assessment, each case reported to him or her pursuant to this section within seven days after receipt of the report. The Office of Environmental Health Hazard Assessment shall designate a phone number or numbers for use by local health officers in the immediate notification of the office of a pesticide poisoning report. The office shall from time to time establish criteria for use by the local health officers in determining whether the circumstances of a pesticide poisoning warrants the immediate notification of the office. In no case shall the treatment administered for pesticide poisoning or a condition suspected as pesticide poisoning be deemed to be first aid treatment. Any physician and surgeon who fails to comply with the reporting requirements of this section or any regulations adopted pursuant to this section shall be liable for a civil penalty of two hundred fifty dollars ($250). For the purposes of this section, failure to report a case of pesticide poisoning involving one or more employees in the same incident shall constitute a single violation. The Division of Occupational Safety and Health of the Department of Industrial Relations shall enforce these provisions by issuance of a citation and notice of civil penalty in a manner consistent with Section 6317 of the Labor Code. Any physician and surgeon who receives a citation and notice of civil penalty may appeal to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319 of the Labor Code. Each local health officer shall maintain the ability to receive and investigate reports of pesticide poisoning at all times pursuant to Section 12982 of the Food and Agricultural Code. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  25. 105205.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The Office of Environmental Health Hazard Assessment must develop and implement a medical education program about pesticide poisoning.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105205. The Office of Environmental Health Hazard Assessment shall develop and implement, in cooperation with local health officers and state and local medical associations, a program of medical education to alert physicians and other health care professionals to the symptoms, diagnosis, treatment, and reporting of pesticide poisoning. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  26. 105206.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. )

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    Employers using pesticide-handling workers must contract with a registered medical supervisor, laboratories must report specified test information to the Department of Pesticide Regulation, and medical supervisors must give results to the worker and employer and report suspected pesticide exposure to the local health officer.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105206. (a) In order for an employer to satisfy their responsibilities for medical supervision of their employees who regularly handle pesticides pursuant to Section 6728 of Title 3 of the California Code of Regulations, the employer shall contract with a medical supervisor registered with the Office of Environmental Health Hazard Assessment (OEHHA). (b) A laboratory that performs tests ordered by a medical supervisor shall report the information specified in subdivision (c) to the Department of Pesticide Regulation. Reports shall be submitted to the Department of Pesticide Regulation on, at a minimum, a monthly basis. To meet the requirements in subdivision (e), the reports shall be submitted via electronic media and formatted in a manner approved by the director. The Department of Pesticide Regulation shall share information from cholinesterase reports with the OEHHA and the State Department of Public Health on an ongoing basis, in an electronic format, for the purpose of meeting the requirements of subdivisions (f) and (g). (c) The laboratory shall report all of the following information in its possession in complying with subdivision (b): (1) The test results in International Units per milliliter of sample (IU/mL). (2) The purpose of the test, as indicated by the medical supervisor, as a cholinesterase test requested for an agricultural worker under medical supervision, and, if so, whether it is for a baseline, followup, or recovery test ordered to meet the requirements of Section 6728 of Title 3 of the California Code of Regulations or for the evaluation of suspected pesticide illness. (3) The name of the person tested. (4) The date of birth of the person tested. (5) The unique identifier of the person tested, including both of the following: (A) The health care facility-assigned patient identification number. (B) The member identification, group number, and medical group name, or the provider group to which the person tested belongs. (6) The name, National Provider Identifier (NPI), address, and telephone number of the medical supervisor who ordered the analysis. (7) The name, address, and telephone number of the laboratory that drew and collected the blood specimen from the person tested. (8) The date that the sample was collected from the person tested and the date the result was reported. (9) The accession number of the specimen. (10) Contact information for the person tested and the person’s employer, if known and readily available. (d) The registered medical supervisor ordering a cholinesterase test for a person pursuant to subdivision (b) shall note in the test order the name of the medical supervisor and the purpose of the test, pursuant to paragraph (2) of subdivision (c), and ensure that the person tested and the employer receive a copy of the cholinesterase test results and any recommendations from the medical supervisor based upon those results within 14 days of the medical supervisor’s receipt of the results. The medical supervisor shall report any worker with cholinesterase depression indicating pesticide exposure to the local health officer pursuant to Section 105200. (e) All information reported pursuant to this section shall be confidential, as provided in Section 100330, except that the OEHHA, the Department of Pesticide Regulation, and the State Department of Public Health may share the information for purposes of surveillance, case management, investigation, environmental remediation, or abatement with the appropriate county agricultural commissioner and local health officer. (f) The OEHHA shall establish a procedure for registering and deregistering medical supervisors for purposes of outreach and training and may establish reasonable requirements for performance. The OEHHA shall review the cholinesterase test results and may provide an appropriate medical or toxicological consultation to the medical supervisor. In addition to the duties performed pursuant to Section 105210, the OEHHA, in consultation with the Department of Pesticide Regulation and the local health officer, may provide medical and toxicological consultation, as appropriate, to the county agricultural commissioner to address medical issues related to the investigation of cholinesterase inhibitor-related illness. (g) The Department of Pesticide Regulation and the OEHHA shall prepare and publicly post an update on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021. (h) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2022, Ch. 108, Sec. 1. (AB 1787) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)
  27. 105210.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. )

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    After consulting specified officials, a local health officer may request state department assistance if pesticide poisoning is serious and an outbreak or related condition has occurred in the county.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105210. After consultation with the county agricultural commissioner or the Director of Agriculture, the local health officer may, upon his determination that pesticide poisoning is serious and that an outbreak in pesticide poisoning or any disease or condition caused by pesticide poisoning has occurred in his county, request assistance by the state department. Upon such request, the director shall provide the local health officer with the necessary staff and technical assistance to conduct an epidemiologic investigation of the outbreak, and where appropriate, shall make recommendation to control or prevent such poisoning outbreaks. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  28. 105215.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Certain public employees must promptly report pesticide spills or accidental releases, and local health officials and state offices must pass the report along.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105215. (a) Any public employee, as defined in Section 811.4 of the Government Code, whose responsibilities include matters relating to health and safety, protection of the environment, or the use or transportation of any pesticide and who knows, or has reasonable cause to believe, that a pesticide has been spilled or otherwise accidentally released, shall promptly notify the local health officer or the notification point specified in the local hazardous materials response plan, where the plan has been approved by the Office of Emergency Services and is in operation. The operator of the notification point shall immediately notify the local health officer of the pesticide spill report. (b) The local health officer shall immediately notify the county agricultural commissioner and, at his or her discretion, shall immediately notify the Director of Environmental Health Hazard Assessment of each report received. Within seven days after receipt of any report, the local health officer shall notify the Director of Pesticide Regulation, the Director of Environmental Health Hazard Assessment, and the Director of Industrial Relations, on a form prescribed by the Director of Environmental Health Hazard Assessment, of each case reported to him or her pursuant to this section. (c) The Office of Environmental Health Hazard Assessment shall designate a telephone number or numbers for use by local health officers in the immediate notification of the office of a pesticide spill report. The office shall from time to time establish criteria for use by the local health officers in determining whether the circumstances of a pesticide spill warrants the immediate notification of the office. (Amended by Stats. 2013, Ch. 352, Sec. 385. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  29. 105220.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Director of Environmental Health Hazard Assessment must keep a file of reporting forms from local health officers, make the file public, and index it by county of release and pesticide type.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105220. The Director of Environmental Health Hazard Assessment shall maintain a file of all the reporting forms received from local health officers pursuant to Section 105215 at the repository of current data on toxic materials established pursuant to Section 147.2 of the Labor Code. The file shall be open to the public and shall be indexed at least to the extent of the following: (a) The county of the accidental release. (b) The type of pesticide involved. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  30. 105225.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Public employers must post a notice for covered public employees about the responsibility imposed by Section 105215.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3. Pesticide Poisoning [105200 - 105225] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105225. Each public employer of a public employee subject to Section 105215 shall post in one or more prominent places frequented by such employee a notice informing such employee of the responsibility imposed by Section 105215. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  31. 105240.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3.5. Chlorpyrifos [105240- 105240.] ( Chapter 3.5 added by Stats. 2020, Ch. 299, Sec. 2. )

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    The Department of Pesticide Regulation must submit quarterly reports on chlorpyrifos use and exposure information, starting with the first quarter of 2021, due 60 days after each quarter ends.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 3.5. Chlorpyrifos [105240- 105240.] ( Chapter 3.5 added by Stats. 2020, Ch. 299, Sec. 2. ) ## 105240. Notwithstanding Section 10231.5 of the Government Code, beginning with the first quarter of 2021, the Department of Pesticide Regulation shall prepare and submit quarterly reports, due 60 days after the end of each quarter, to the Senate Committee on Health, the Senate Committee on Labor, Public Employment and Retirement, the Senate Committee on Environmental Quality, the Assembly Committee on Health, the Assembly Committee on Labor and Employment, the Assembly Committee on Environmental Safety and Toxic Materials, and the Office of the Surgeon General that provide all of the following information: (a) The amount of chlorpyrifos in granular form used in the quarter, reported in pounds and by location of use. (b) Potential reasons for any increase or decrease in the use of chlorpyrifos in granular form in the quarter as compared to the same quarter of the previous year. (c) A description of how the Department of Pesticide Regulation monitors exposure to the use of chlorpyrifos in granular form with a particular emphasis on dermal and inhalation exposure, and any information relating to that exposure during the quarter. (Added by Stats. 2020, Ch. 299, Sec. 2. (SB 86) Effective January 1, 2021.)
  32. 105250.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section creates a lead-hazard reduction program in the department and requires the department to run it, adopt regulations, collect and manage fees, and update the rules as needed.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105250. (a) A program is hereby established within the department to meet the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X of the Housing and Community Development Act of 1992 (P.L. 102-550). (b) The department shall implement and administer the program. The department shall have powers and authority consistent with the intent of, and shall adopt regulations to establish the program as an authorized state program pursuant to, Title IV, Sections 402 to 404, inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601 and following). (c) Regulations regarding accreditation of training providers that are adopted pursuant to subdivision (b) shall include, but not be limited to, provisions governing accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work as defined in Section 6716 of the Labor Code, and certification of employees who have successfully completed that training. Regulations regarding accreditation of training providers shall, as a condition of accreditation, require providers to offer training that meets the requirements of Section 6717 of the Labor Code. The department shall, not later than August 1, 1994, adopt regulations establishing fees for the accreditation of training providers, the certification of individuals, and the licensing of entities engaged in lead-related occupations. The fees imposed under this subdivision shall be established at levels not exceeding an amount sufficient to cover the costs of administering and enforcing the standards and regulations adopted under this section. The fees established pursuant to this subdivision shall not be imposed on any state or local government or nonprofit training program. (d) All regulations affecting the training of employees shall be adopted in consultation with the Division of Occupational Safety and Health. The regulations shall include provisions for allocating to the division an appropriate portion of funds to be expended for the program for the division’s cost of enforcing compliance with training and certification requirements. The department shall adopt regulations to establish the program on or before August 1, 1994. (e) The department shall review and amend its training, certification, and accreditation regulations adopted under this section as is necessary to ensure continued eligibility for federal and state funding of lead-hazard reduction activities in the state. (f) Effective July 1, 2010, all fees collected pursuant to subdivision (c) shall be deposited in the Lead-Related Construction Fund, which is hereby created in the State Treasury. Moneys in the fund shall be expended by the department upon appropriation by the Legislature for the purposes of this chapter. Moneys in the fund are available for cashflow borrowing pursuant to Sections 16310 and 16381 of the Government Code. (g) Of the amount appropriated in Item 4265-001-0070 of Section 2.00 of the Budget Act of 2009, five hundred thousand dollars ($500,000) from the Occupational Lead Poisoning Prevention Account shall be used to administer the program in the 2009–10 fiscal year. These funds shall be repaid to the Occupational Lead Poisoning Prevention Account upon a determination by the Department of Finance that sufficient moneys are available in the Lead-Related Construction Fund. No interest shall be paid by the Lead-Related Construction Fund at the time of repayment. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 12. Effective July 28, 2009.)
  33. 105250.1.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section sets a lead-certification application fee, requires the department to report and publish fee increases, and exempts fee modifications from ordinary rulemaking requirements.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105250.1. (a) Notwithstanding Section 105250, and beginning on July 1, 2018, the Lead-Related Construction Program fee for an application submitted for lead certification shall be eighty-seven dollars ($87), but shall not exceed the department’s reasonable administrative costs in connection with the application. The application fees provided in this section, and any application fee increase pursuant to subdivision (b) or Section 105250, shall be sufficient to ensure that processing times for completed applications do not exceed an average of 60 days. (b) Notwithstanding subdivision (a) and Section 105250, in any year the department raises or establishes new or additional fees, the department shall, by February 1 of the year the increase or establishment takes effect, prepare a report that describes the need for a fee increase or establishment of a fee, and shall make the report and the list of fees available to the budget committees of the Legislature, and shall post the report and list of fees on the department’s internet website. The proposed increased fee shall take effect on July 1 of the year for which it is proposed. The adjustment of fees and the publication of the final fee list 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. Modification of the fees shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and shall be implemented without being adopted as a regulation, except that the revised list of fees shall be filed with the Secretary of State and printed in the California Code of Regulations. (Amended by Stats. 2020, Ch. 12, Sec. 5. (AB 80) Effective June 29, 2020.)
  34. 105250.5.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must update lead-related construction regulations, set certification fees, and adopt emergency regulations for this section.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105250.5. (a) The department shall review and amend its regulations governing lead-related construction work, including training and certification for workers and accreditation for trainers in lead-safe work practices, to comply with regulations adopted pursuant to Sections 105250 and 124160 and the United States Environmental Protection Agency’s Lead Renovation, Repair and Painting Rule (40 C.F.R. 745). (b) The amended regulations adopted pursuant to subdivision (a) shall include, but not be limited to, requiring a copy of the worker and firm certification to be provided before the start of the job to the prime contractor or other employers on the site and to be posted on the job site beside the Division of Occupational Safety and Health Lead-Work Pre-Job Notification required by subdivision (p) of Section 1532.1 of Title 8 of the California Code of Regulations. (c) Consistent with Section 105250, the department shall also adopt regulations establishing fees for the certifications or accreditations established pursuant to this section. The fees imposed under this section shall be established at levels not exceeding an amount sufficient to cover the costs of developing, administering, and enforcing the standards and regulations adopted under this section. The fees established pursuant to this section shall be deposited into the Lead-Related Construction Fund, established pursuant to Section 105250. (d) (1) Notwithstanding 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), the department may implement and administer this section through all-county letters or similar instructions from the department until regulations are adopted. The department shall adopt emergency regulations implementing these provisions. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted under this section. (2) The initial adoption of emergency regulations pursuant to this section and two readoptions of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the two readoptions of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the two readoptions of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations may be adopted. (Amended by Stats. 2023, Ch. 131, Sec. 127. (AB 1754) Effective January 1, 2024.)
  35. 105251.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section defines several terms used in the chapter, including Department and Local enforcement agency.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105251. For purposes of this chapter, the following definitions shall apply: (a) The following terms shall have the same meaning as contained in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the State Department of Health Services pursuant to Sections 105250 and 124160: “abatement,” “accredited training provider,” “certificate,” “course completion form,” “DHS-approved course,” “lead hazard,” “lead hazard evaluation,” “lead related construction work,” “public building,” and “residential building.” (b) “Department” means the State Department of Health Services. (c) “Local enforcement agency” means the health department, environmental agency, housing department, or building department of any city, county, or city and county. (Added by Stats. 2002, Ch. 931, Sec. 4. Effective January 1, 2003.)
  36. 105252.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Certain people may not offer lead-related construction courses or issue course completion forms unless specific training requirements are met, and they must allow authorized inspections and evidence access.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105252. (a) It is unlawful for any person to offer lead-related construction courses to meet department certificate requirements unless that person is an accredited training provider as specified in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations, as adopted pursuant to Sections 105250 and 124160. (b) It is unlawful for any person to issue, or offer to issue, a lead-related construction course completion form to any person except upon successful completion by that person of a DHS-approved course. (c) The department or any local enforcement agency may, consistent with Section 17972, enter, inspect, and photograph any premises or facilities, and inspect and copy any business record, where any accredited training provider, or any person who offers lead-related construction courses or issues lead-related construction course completion forms, conducts business to determine whether the person is complying with this section. (d) It is unlawful for any person who is an accredited training provider or who offers lead-related construction courses or issues lead-related construction completion forms, to refuse entry or inspection, the taking of photographs or other evidence, or access to copying of any record as authorized by this section, or to conceal or withhold evidence. (e) A violation of this section shall be punishable by imprisonment for not more than six months in the county jail, a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. (Added by Stats. 2002, Ch. 931, Sec. 5. Effective January 1, 2003.)
  37. 105253.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    People with a department-issued lead-related certificate must follow the specified California regulations, and no one may falsely claim to have that certificate or submit false paperwork to get or renew one.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105253. (a) Any person issued a certificate by the department to conduct lead-related construction work, abatement, or lead hazard evaluation, shall comply with regulations as specified in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations, as adopted pursuant to Sections 105250 and 124160. (b) It is unlawful for any person to do either of the following: (1) Falsely represent himself or herself as possessing a certificate issued by the department to conduct lead-related construction work, abatement, or lead hazard evaluation. (2) Submit false information or documentation to the department in order to obtain or renew a certificate to conduct lead-related construction work, abatement, or lead hazard evaluation. (c) The department or any local enforcement agency may, consistent with Section 17972, enter, inspect, and photograph any premises or facilities, and inspect and copy any business record, where any person issued a certificate by the department to perform lead-related construction work conducts business to determine whether the person is complying with this section. (d) A violation of this section shall be punishable by imprisonment for not more than six months in the county jail, a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. (Added by Stats. 2002, Ch. 931, Sec. 6. Effective January 1, 2003.)
  38. 105254.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Certain people and firms doing covered lead-related construction work must have a certificate; routine housing maintenance is exempt if it does not involve the listed activities.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105254. (a) The following persons engaged in the following types of lead construction work shall have a certificate: (1) Persons who receive pay for doing lead hazard evaluations, including, but not limited to, lead inspections, lead risk assessments, or lead clearance inspections, in residential or public buildings. (2) Persons preparing or designing plans for the abatement of lead-based paint or lead hazards from residential or public buildings. (3) Persons doing work designed to reduce or eliminate lead hazards on a permanent basis (to last 20 years or more) from residential or public buildings. (4) Persons inspecting for lead or doing lead abatement activities in a public elementary school, preschool, or day care center. (5) Persons doing lead-related construction work in a residential or public building that will expose a person to airborne lead at or above the eight-hour permissible exposure limit of 50 micrograms per cubic meter. (b) On and after July 1, 2027, the following shall also have a certificate: a firm, as defined by Section 745.83 of Title 40 of the Code of Federal Regulations, and at least one person onsite and employed by a firm, doing renovation, repair, or painting work for compensation in a residential or public building that will disturb lead-based paint, as defined in Section 35033 of Title 17 of the California Code of Regulations, or presumed lead-based paint, as defined in Section 35043 of Title 17 of the California Code of Regulations, which regulations were adopted by the State Department of Public Health pursuant to Sections 105250 and 124160. (c) Persons performing routine maintenance and repairs in housing are not required to have a certificate if they are not performing any of the activities listed under subdivisions (a) and (b). (d) The department may adopt regulations to modify certification requirements for persons engaged in lead construction work based on changes to state or federal law, or programmatic need. (e) The department or any local enforcement agency may, consistent with Section 17972, enter, inspect, and photograph any premises where abatement, a lead hazard evaluation, or lead-related construction work is being conducted or has been ordered, enter the place of business of any person who conducts abatement, lead hazard evaluations, or lead-related construction work, and inspect and copy any business record of any person who conducts abatement, lead hazard evaluations, or lead-related construction work, to determine whether the person is complying with this section. (f) (1) A violation of subdivision (a) shall be punishable by a civil penalty of no less than five thousand dollars ($5,000) per violation per day. (2) A violation of subdivision (b) shall be punishable by a civil penalty of no less than ten thousand dollars ($10,000) per violation per day. (3) Each subsequent violation of this section may be subject to imposition of a civil penalty of no more than thirty-seven thousand five hundred dollars ($37,500) per violation per day or punishable by imprisonment for no more than six months in the county jail, a fine of no more than one thousand dollars ($1,000), or by both that imprisonment and fine. In assessing the amount of the criminal or civil penalty, any one or more of the relevant circumstances shall be considered: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the misconduct, and the violator’s assets, liabilities, net worth, and other relevant factors. (g) (1) The State Department of Public Health shall develop and implement an education and outreach program for every person and firm that is required to have a certificate pursuant to subdivisions (a) and (b). The program shall include information on who is required to have a certificate and the requirements and process to obtain a certificate. The program shall be implemented on or before July 1, 2026. (2) The department shall provide educational and outreach materials to the Contractors State License Board for the board to make the materials available to contractors and consumers on its internet website. (Amended by Stats. 2023, Ch. 191, Sec. 6. (SB 137) Effective September 13, 2023.)
  39. 105255.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    No person may do lead-related construction work on residential or public buildings in a way that creates a lead hazard. The department and local enforcement agencies may inspect, photograph, and order abatement or a cease-and-desist when a lead hazard is found.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105255. (a) No person shall perform lead-related construction work on any residential or public building in a manner that creates a lead hazard. (b) The department and any local enforcement agency may, consistent with Section 17972, enter, inspect, and photograph any premises where lead-related construction work is being performed, enter the place of business of any person who performs lead-related construction work, and inspect and copy any business record of any person who performs lead-related construction work to determine whether the person is complying with this section and any regulations specified in Chapter 8 (commencing with Section 35001) of Division 1 of Title 17 of the California Code of Regulations adopted by the State Department of Health Services pursuant to Sections 105250 and 124160. (c) Notwithstanding any other provision of law, whenever the department or a local enforcement agency determines that a condition at a location or premises, or the activity of any person at the location or premises, is creating or has created a lead hazard at the location or premises, the department or the local enforcement agency may order the owner of the location or premises to abate or otherwise correct, at the option of the owner, the lead hazard, and may order the person whose activity is creating or has created the lead hazard, to cease and desist and shall give that owner or person a reasonable opportunity to correct. (d) It is unlawful for any person to refuse or disobey any order issued pursuant to subdivision (c). (e) A violation of subdivision (d) shall be punishable by a fine not to exceed one thousand dollars ($1,000). Any penalties under this section shall be in addition to any other penalty or remedy provided by law. (Added by Stats. 2002, Ch. 931, Sec. 8. Effective January 1, 2003.)
  40. 105256.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Local health or enforcement authorities may order lead-hazard abatement or a cease-and-desist, and failure to obey an issued order is unlawful.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105256. (a) Notwithstanding any other provision of law, whenever the department or a local enforcement agency determines that a condition at a location or premises, or the activity of any person at the location or premises, is creating or has created a lead hazard at the location or premises, the department or the local enforcement agency may order the owner of the location or premises to abate the lead hazard, and may order the person whose activity is creating or has created the lead hazard, to cease and desist. (b) It is unlawful for any person to refuse to obey any order issued pursuant to this section. (c) A violation of subdivision (b) shall be an infraction punishable by a fine not to exceed one thousand dollars ($1,000). (d) A second or subsequent violation of subdivision (b) shall be a misdemeanor punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment for not more than six months in the county jail or by both that fine and imprisonment. (e) Any penalties under this section shall be in addition to any other penalty or remedy provided by law. (Amended by Stats. 2006, Ch. 477, Sec. 1. Effective January 1, 2007.)
  41. 105257.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    State penalties paid for violating this chapter must be deposited into the General Fund.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 4. Residential Lead-Based Paint Hazard Reduction [105250 - 105257] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105257. Notwithstanding subdivision (f) of Section 1464 of the Penal Code, any state penalties paid for the violation of this chapter shall be deposited into the General Fund. (Added by Stats. 2002, Ch. 931, Sec. 10. Effective January 1, 2003.)
  42. 105275.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This chapter may be cited as the Childhood Lead Poisoning Prevention Act of 1991.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105275. This chapter shall be known, and may be cited as, the Childhood Lead Poisoning Prevention Act of 1991. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  43. 105280.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section defines several terms used in the chapter on childhood lead poisoning prevention.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105280. For purposes of this chapter, the following definitions apply: (a) “Appropriate case management” means health care referrals, environmental assessments, and educational activities, performed by the appropriate person, professional, or entity, necessary to reduce a child’s exposure to lead and the consequences of the exposure, as determined by the United States Centers for Disease Control and Prevention, or as determined by the department pursuant to Section 105300. (b) “Lead poisoning” means the disease present when the concentration of lead in whole venous, arterial, or cord blood reaches or exceeds levels constituting a health risk, as specified in the most recent United States Centers for Disease Control and Prevention guidelines for lead poisoning as determined by the department, or when the concentration of lead in whole venous, arterial, or cord blood reaches or exceeds levels constituting a health risk as determined by the department pursuant to Section 105300. (c) “Department” means the State Department of Public Health. (d) “Health assessment” has the same meaning as prescribed in Section 6800 of Title 17 of the California Code of Regulations. (e) “Screen” means the medical procedure by which the concentration of lead in whole blood is measured. (f) “Health care” means the identification, through evaluation and screening, if indicated, of lead poisoning, as well as any followup medical treatment necessary to reduce the elevated blood lead levels. (g) “Environmental lead contamination” means the persistent presence of lead in the environment, in quantifiable amounts, that results in ongoing and chronic exposure to children. (Amended by Stats. 2017, Ch. 507, Sec. 2. (AB 1316) Effective January 1, 2018.)
  44. 105285.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must adopt screening regulations for children at risk of lead poisoning, and children determined to be at risk must be screened unless a parent or guardian refuses consent.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105285. (a) It is the goal of the state that all children at risk of lead exposure receive blood lead screening tests. (b) (1) The department shall adopt regulations establishing a standard of care, at least as stringent as the most recent federal Centers for Disease Control and Prevention screening guidelines, whereby all children are evaluated for risk of lead poisoning by health care providers during each child’s periodic health assessment. The regulations shall meet the goals of subdivision (a) and shall include the determination of risk factors for whether a child is “at risk.” (2) When determining the risk factors, the department shall consider the most significant environmental risk factors, including, but not limited to, all of the following: (A) A child’s time spent in a home, school, or building built before 1978. (B) A child’s proximity to a former lead or steel smelter or an industrial facility that historically emitted or currently emits lead. (C) A child’s proximity to a freeway or heavily traveled roadway. (D) Other potential risk factors for lead exposure, and known sources of lead contamination. (E) A child’s residency in or visit to a foreign country. (F) A child’s residency in a high-risk ZIP Code. (G) A child who has a sibling or playmate with lead poisoning. (H) The likelihood of a child placing nonfood items in the mouth. (I) A child’s proximity to current or former lead-producing facilities. (J) The likelihood of a child using food, medicine, or dishes from other countries. (3) By July 1, 2019, the regulations on the specified factors in subparagraphs (A) to (D), inclusive, of paragraph (2) shall be developed in consultation with medical experts, environmental experts, appropriate professional organizations, the public, and others as determined by the department. (c) The standard of care shall require a child who is determined to be “at risk” for lead poisoning, according to the regulations adopted pursuant to subdivision (b), to be screened. (d) The standard of care shall provide that a child shall not be screened pursuant to this chapter if the parent or guardian of the child refuses to consent to the screening. (e) The standard of care shall provide that health care providers are responsible only for evaluation of all children, for screening of children determined to be at risk, and for medically necessary followup services. (f) The fee imposed by Section 105310 shall not be used to fund blood lead screening under this section. (Amended by Stats. 2020, Ch. 216, Sec. 1. (AB 2276) Effective January 1, 2021.)
  45. 105286.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must notify certain health care providers about childhood lead exposure and screening requirements, and those providers must inform parents and guardians.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105286. (a) The department shall notify health care providers who perform periodic health assessments for children about, and those health care providers shall inform parents and guardians about, all of the following: (1) The risks and effects of childhood lead exposure. (2) The requirement that children enrolled in Medi-Cal receive blood lead screening tests as set forth in the department’s standard of care policies, promulgated regulations, and published guidelines, in accordance with Section 105285. (3) The requirement that children not enrolled in Medi-Cal who are at high risk of lead exposure receive blood lead screening tests as set forth in the department’s standard of care policies, promulgated regulations, and published guidelines, in accordance with Section 105285. (b) To implement the requirements of subdivision (a), the department may use channels of communication, including, but not limited to, publications that serve the health care provider community, such as newsletters developed by either the Medical Board of California, other licensing organizations or associations, or local organizations and jurisdictions. (Added by Stats. 2018, Ch. 690, Sec. 2. (SB 1041) Effective January 1, 2019.)
  46. 105290.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    When a child is identified with lead poisoning, the department must ensure appropriate case management.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105290. When a child is identified with lead poisoning, the department shall ensure appropriate case management. The department may contract with any public or private entity, including local agencies, to conduct the case management. (Amended by Stats. 2017, Ch. 507, Sec. 4. (AB 1316) Effective January 1, 2018.)
  47. 105291.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    A qualified certified industrial hygienist or another department-certified inspector/assessor may be eligible to provide environmental investigation services under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105291. In addition to any other providers determined to be eligible by the department to provide environmental investigation services as a part of case management services under this chapter, a qualified certified industrial hygienist or other qualified professional who is certified by the department as an inspector/assessor shall be eligible to provide those services and those services shall be funded under the Childhood Lead Poisoning Prevention Program pursuant to this chapter. (Added by Stats. 2001, Ch. 524, Sec. 1. Effective January 1, 2002.)
  48. 105295.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must collect and analyze lead-poisoning case-management information, publish a biennial report, post it online, share it with local health departments and the public, and provide the data and report to HCI.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105295. (a) (1) The department shall collect and analyze all information necessary to effectively monitor appropriate case management efforts. The department shall prepare a biennial report describing the effectiveness of appropriate case management efforts. This report shall be made available to local health departments and the general public. (2) The department shall prominently post the report prepared pursuant to this subdivision on the department’s Internet Web site consistent with the requirements of subdivision (c) of Section 124125. (b) The report prepared pursuant to subdivision (a) shall include all of the following information listed for each county: (1) The total number of children tested for lead poisoning. (2) The results of blood lead testing by ranges of lead levels. (3) The number of children, by blood lead level range, who were referred for case management and environmental services and who received the following services: (A) Home visit. (B) Environmental investigation. (C) Family education and provision of educational materials, nutrition assessment, and nutrition education. (4) (A) The identified sources of lead exposure for those children having lead poisoning. (B) The report shall indicate whether the sources of lead exposure identified in, on, or around a residence or location associated with a child with lead poisoning have been removed, remediated, or abated. (c) The report shall also include, but not be limited to, all of the following: (1) The number of enrolled children in Medi-Cal, identified by county and year of age, who received blood lead screening tests and who have not received these tests. (2) The number of children not enrolled in Medi-Cal, identified by county, and year of age, who have received blood lead screening tests. (3) Publicly releasable data and information that the department compiles, identifies, and analyzes in accordance with subdivision (b) of Section 124125. (d) The department shall collaborate with the State Department of Health Care Services to collect and analyze information identified under subdivision (c) that pertains to children enrolled in Medi-Cal. (e) When preparing the report required by subdivision (b), the department may use the information that the department receives through its existing case management efforts, including, but not limited to, the data in biennial reports provided to the department from local health departments. (f) The department shall provide the data collected and the report prepared pursuant to this section to the Healthy Communities Data and Indicators Project (HCI) standardized set of statistical measures for use in any tools developed by HCI that are used for planning healthy communities and evaluating the impact of plans, projects, policies, and environmental changes on community health. (g) All uses and disclosure of data made pursuant to this section shall comply with all applicable state and federal laws for the protection of the privacy and security of data, including, but not limited to, subdivision (g) of Section 124130 and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (Amended by Stats. 2018, Ch. 691, Sec. 1.5. (SB 1097) Effective January 1, 2019.)
  49. 105300.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department has broad authority to run childhood lead poisoning prevention, including screening protocols, lab designation, reporting procedures, case-management rules, lead thresholds, parent/guardian notice, and a periodic evaluation schedule.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105300. Notwithstanding Section 124130, the department shall have broad regulatory authority to fully implement and effectuate the purposes of this chapter. The authority shall include, but is not limited to, the following: (a) The development of protocols to be utilized in screening and the procedures for changing those protocols when more accurate or efficient technologies become available. (b) The designation of laboratories which are qualified to analyze whole blood specimens for concentrations of lead and the monitoring of those laboratories for accuracy. (c) The development of reporting procedures by laboratories. (d) The reimbursement for state-sponsored services related to screening and appropriate case management. (e) The establishment of lower concentrations of lead in whole blood than those specified by the United States Centers for Disease Control for the purpose of determining the existence of lead poisoning. (f) The establishment of lower acceptable levels of the concentration of lead in whole blood than those specified by the United States Centers for Disease Control for the purpose of determining the need to provide appropriate case management for lead poisoning. (g) The development of appropriate case management protocols. (h) The notification to the child’s parent or guardian of the results of blood lead testing and environmental assessment. (i) The establishment of a periodicity schedule for evaluation for childhood lead poisoning. (Amended by Stats. 2018, Ch. 690, Sec. 4. (SB 1041) Effective January 1, 2019.)
  50. 105301.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must update and revise its fund-allocation formula for local agencies in the Childhood Lead Poisoning Prevention Program, using recent jurisdiction-level data, and do so before each contract cycle.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105301. (a) To ensure that funds are allocated to each local agency equitably and commensurate with the level of services needed to provide to children with elevated blood levels, the department shall update its formula for allocating funds to a local agency that contracts with the department to administer the Childhood Lead Poisoning Prevention Program, and shall revise funding allocations before each contract cycle. When revising the allocation formula, the department shall take into account the most recent data for the number of children with elevated blood lead levels in each jurisdiction. (b) For purposes of this section, “elevated blood levels” means a blood lead level that is no higher than the blood lead reference value as specified in the most recent guidelines issued by the federal Centers for Disease Control and Prevention. (Added by Stats. 2020, Ch. 216, Sec. 2. (AB 2276) Effective January 1, 2021.)
  51. 105305.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The chapter’s lead-poisoning prevention program must be funded by fees collected under Section 105310, and the chapter may operate only to the extent those fee revenues are available.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105305. The program implemented pursuant to this chapter shall be fully supported from the fees collected pursuant to Section 105310. Notwithstanding the scope of activity mandated by this chapter, in no event shall this chapter be interpreted to require services necessitating expenditures in any fiscal year in excess of the fees, and earnings therefrom, collected pursuant to Section 105310. This chapter shall be implemented only to the extent fee revenues pursuant to Section 105310 are available for expenditure for purposes of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  52. 105310.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section imposes a fee on certain lead-related manufacturers and responsible parties, but not on retailers.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 5. Childhood Lead Poisoning Prevention [105275 - 105310] ( Chapter 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105310. (a) There is hereby imposed a fee on manufacturers and other persons formerly, presently, or both formerly and presently engaged in the stream of commerce of lead or products containing lead, or who are otherwise responsible for identifiable sources of lead that have significantly contributed historically, currently contribute, or both have significantly contributed historically and contribute currently to environmental lead contamination. (b) The department shall, by regulation, establish specific fees to be assessed on manufacturers and other parties formerly, presently, or both formerly and presently engaged in the stream of commerce of lead or products containing lead, or who are otherwise responsible for identifiable sources of lead that, as determined by the department, have significantly contributed historically, currently contribute, or both have significantly contributed historically and contribute currently to environmental lead contamination. To the maximum extent practicable, the fees shall be assessed on the basis of the following criteria: (1) A person’s past and present responsibility for environmental lead contamination. (2) A person’s “market share” responsibility for environmental lead contamination. This section shall not apply to, and no fee shall be assessed upon, any retailer of lead or products containing lead. (c) The fee shall be assessed and collected annually by the State Board of Equalization. The annual fee assessment in subdivision (a) shall be adjusted by the department to reflect both of the following: (1) The increase in the annual average of the California Consumer Price Index, as recorded by the California Department of Industrial Relations, for the most recent year available. (2) The increase or decrease in the number of children in California who are receiving services pursuant to this chapter. This adjustment of fees shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) (1) A fee shall not be assessed upon a person if that person can demonstrate, as determined by the department, that his or her industry did not contribute in any manner, as described in this section, to environmental lead contamination. (2) A fee shall not be assessed upon a party if that party demonstrates, as determined by the department, that the lead, or the product containing lead, with which it is currently, or was historically, associated does not currently, or did not historically, result in quantifiably persistent environmental lead contamination. (e) The fee imposed pursuant to this section shall be administered and collected by the State Board of Equalization in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code. The fees shall be deposited in the Childhood Lead Poisoning Prevention Fund, which is hereby created in the State Treasury. Moneys in the fund shall be expended for the purposes of this chapter, including the State Board of Equalization’s costs of collection and administration of fees, upon appropriation by the Legislature. All interest earned on the moneys that have been deposited into the Childhood Lead Poisoning Prevention Fund shall be retained in that fund. (f) The fees collected pursuant to this section and the earnings therefrom shall be used solely for the purposes of implementing this chapter. The department shall not collect fees pursuant to this section in excess of the amount reasonably anticipated by the department to fully implement this chapter. The department shall not spend more than it collects from the fees and the earnings in implementing this chapter. In no fiscal year shall the department collect more than sixteen million dollars ($16,000,000) in fees, as adjusted for inflation pursuant to subdivision (b). (g) It is the intent of the Legislature, in subsequent legislation, to appropriate and deposit into the Childhood Lead Poisoning Prevention Fund the sum of one hundred twenty-eight thousand dollars ($128,000) from the General Fund on July 1, 1992, to the Controller for allocation as loans as follows: (1) Seventy-eight thousand dollars ($78,000) to the department, for the purposes of adopting regulations to establish the fee schedule authorized by this section. The State Board of Equalization shall repay the amount of this appropriation, on or before June 30, 1993, with interest at the pooled money investment rate, from fees collected pursuant to this section. (2) Fifty thousand dollars ($50,000) to the State Board of Equalization, for the purposes of implementing this section. The State Board of Equalization shall repay the amount of this appropriation on or before June 30, 1993, with interest at the pooled money investment rate, from fees collected pursuant to this section. (h) Regulations adopted for fee assessment and collection pursuant to this section shall be exempt from review by the Office of Administrative Law. (Amended by Stats. 2017, Ch. 507, Sec. 5. (AB 1316) Effective January 1, 2018.)
  53. 105325.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. Safer Medical Devices [105325 - 105340] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states that safer medical devices should be encouraged to reduce health care workers’ exposure to bloodborne diseases.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. Safer Medical Devices [105325 - 105340] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105325. The Legislature hereby finds and declares all of the following: (a) In California, more than 700,000 health care workers and professionals, such as nurses, physicians and surgeons and housekeeping staff, are at risk of infection from bloodborne diseases, including Hepatitis B, Hepatitis C, and Human Immunodeficiency Virus, the causative agent of Acquired Immunodeficiency Syndrome. (b) Contaminated needlestick and other sharp instrument injuries threaten the well-being of health care workers and cost health care providers millions of dollars annually. (c) While health care employers have implemented rigorous, universal infection control procedures, requiring gloving and other protective equipment, exposure to bloodborne diseases continues to be a risk for health care workers. (d) Medical devices, such as needles, are reviewed by the federal Food and Drug Administration for patient safety and efficacy but are not reviewed by any state or federal agency for worker safety. Improved product design of medical devices, such as needles, syringes, connectors for intravenous tubes, and vacuum blood collection systems, could reduce the number of sharps injuries. (e) Mechanisms for the collection and dissemination of information will allow health facilities to better evaluate safer devices and permit better comparisons across institutions. (f) Improvements in device and procedure-specific injury surveillance and information dissemination may increase market pressure to further improve medical device product design and enhance product evaluation. (g) Potential savings to the health care system from preventing exposure to bloodborne pathogens include reduced cost of followup procedures which occur following a sharps injury, such as source and employee testing, counseling, and prophylactic treatment. In addition, costs related to lost work time, personnel, insurance, possible legal problems, and workers compensation could be diminished. (h) It is the intent of the Legislature in enacting this chapter to reduce exposure of health care workers to bloodborne diseases by encouraging the development and use of medical devices that are designed to assure worker safety, the safety of patients, and the efficacy of the device. (Amended by Stats. 1996, Ch. 683, Sec. 1. Effective January 1, 1997.)
  54. 105330.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. Safer Medical Devices [105325 - 105340] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    Sharps injury documentation must also list the type and brand of the device involved, unless the health care worker does not know that information.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. Safer Medical Devices [105325 - 105340] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105330. (a) The documentation of sharps injuries, as required by Section 5193 of Title 8 of the California Code of Regulations, shall also include the type and brand of device involved in the incident, unless this information is unknown by the health care worker. (b) Documentation, as required by Section 5193 of Title 8 of the California Code of Regulations, shall be referred to in this section as the “Sharps Injury Log”. (c) In consultation with the program on occupational health and occupational disease prevention, the department’s Environment Management Branch, Medical Waste Program, and local enforcement agencies may verify that each hospital, skilled nursing facility, and home health agency is in compliance with this chapter through its current medical waste program or through the establishment of a self-audit program. (Repealed and added by Stats. 1996, Ch. 683, Sec. 3. Effective January 1, 1997.)
  55. 105340.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. Safer Medical Devices [105325 - 105340] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Department of Health Services must maintain a Sharps Injury Control program and carry out listed program activities.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 6. Safer Medical Devices [105325 - 105340] ( Chapter 6 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105340. The Department of Health Services shall maintain a Sharps Injury Control program that shall do all of the following: (a) Maintain a continuously updated list of existing needleless systems and needles with engineered sharps injury protection, which shall be made available to assist facilities as provided by Section 144.7 of the Labor Code. (b) Solicit voluntary submission of data by health care institutions regarding the effectiveness of needleless systems and needles with engineered sharps injury protection. (c) Provide assistance to industry and the Division of Occupational Safety and Health to further compliance with occupational safety and health standards related to the use of needleless systems and needles with engineered sharps injury protection. (Added by Stats. 2001, Ch. 370, Sec. 1. Effective January 1, 2002.)
  56. 105400.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature states that indoor environmental quality matters for public health and that buildings and their operation can affect it.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105400. The Legislature finds and declares that: (a) The people of the State of California have a primary interest in the quality of the indoor environment in which they live. (b) As people spend greater portions of time each day indoors, the environmental quality of our buildings becomes increasingly important. (c) Changes in building design, materials, construction, and operation have resulted in significant changes in indoor environmental quality. (d) Activities and use of chemical products, appliances, power equipment, wear and tear of structural decorative materials, thermal factors, and mechanical ventilation are degrading the indoor environment, thereby creating mounting dangers to the public health, safety, and welfare. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  57. 105405.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The department must develop nonbinding VOC-reduction guidelines for certain office buildings and submit/file them by January 1, 1992.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105405. (a) The department through its Indoor Air Quality Program shall develop nonbinding guidelines for the reduction of exposure to volatile organic compounds (VOC) from construction materials in newly constructed or remodeled office buildings. At a minimum, the department shall consider all of the following: (1) The type of building to which the guidelines shall apply. (2) The methodology for identifying indoor sources of VOC. (3) The bake-out procedures prior to occupancy for newly constructed buildings. (4) The procedures for VOC reduction during and after major remodeling of occupied buildings. (5) The need to establish mandatory regulations rather than nonbinding guidelines for the procedures to reduce VOC exposure in newly constructed buildings and during the remodeling of buildings and, in addition, the need for regulation regarding the occupancy of a newly constructed building or a building undergoing remodeling where VOC reduction is to be a consideration. (6) The need to establish an ad hoc group of building construction material manufacturers, builders, building owners and managers, organized labor, sheetmetal contractors, plumbing contractors, mechanical engineers, architects, and building inspectors to advise the department on procedures and costs related to implementing the proposed guidelines. (b) The department shall develop and submit the nonbinding guidelines to the Legislature, and file copies with the Department of General Services and the State Building Standards Commission, by January 1, 1992. (c) The guidelines developed by the department pursuant to this section shall be nonbinding and voluntary, and shall therefore, be exempt from the procedures for adoption of regulations, including the review and approval by the Office of Administrative Law, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Government Code. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  58. 105410.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    The Legislature declares that the public interest should be protected by a coordinated state effort to improve indoor environmental quality in residences, public buildings, and offices.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105410. The Legislature, in view of the findings and declarations specified in Section 105400, declares that the public interest shall be safeguarded by a coordinated, coherent state effort to protect and enhance the indoor environmental quality in residences, public buildings, and offices in the state. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  59. 105415.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. )

    Verify source ↗

    This section defines “indoor environmental quality” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105415. For the purpose of this chapter, “indoor environmental quality” means the environment inside a residential dwelling, including a house or apartment, or inside a school, office, public building, or other facility to which the general public has access. The term “indoor environmental quality” shall not include industrial working environments. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  60. 105420.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The department must coordinate efforts to assess, protect, and enhance indoor environmental quality.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105420. The department shall coordinate efforts to assess, protect, and enhance indoor environmental quality. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  61. 105425.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The department must conduct and promote coordinated research and related studies on indoor pollution.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105425. The department shall conduct and promote the coordination of research, investigations, experiments, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, and control of indoor pollution. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  62. 105430.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. )

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    The State Department of Health Services may adopt EPA radon standards into its plan, but must follow Housing and Community Development standards if that department adopts them first. Local agencies may not issue construction permits for covered buildings unless the applicant first complies with applicable testing or building standards.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 7. Indoor Environmental Quality [105400 - 105430] ( Chapter 7 added by Stats. 1995, Ch. 415, Sec. 5. ) ## 105430. (a) If model construction standards and techniques for controlling radon levels within new buildings are developed by the United States Environmental Protection Agency, the State Department of Health Services may adopt the standards and incorporate them into any radon assessment and mitigation plan which may be completed by the department and which becomes operative after January 1, 1990, unless the Department of Housing and Community Development adopts radon mitigation building standards, in which case the State Department of Health Services shall adopt no standards other than the standards adopted by the Department of Housing and Community Development. Any radon assessment and mitigation plan shall include appropriate measures designed to detect, avoid, or dissipate dangerous levels of radon gas at potential building sites or during construction of new residential buildings in areas affected by radon. Any of those measures shall be appropriately delineated so as to apply only to certain at-risk buildings and geographic areas, and the plan shall specify construction projects, building characteristics, and geographical areas to which the measures apply, to assure ease of compliance and consistency with the findings and assessment of the United States Environmental Protection Agency regarding radon risks. The plan may include reasonable provisions for testing and detection of radon at potential building sites as well as measures to provide for the appropriate radon-dissipating ventilation and insulation of new residential construction consistent with prevailing techniques. (b) If regulations are adopted by the department to implement any radon assessment and mitigation plan completed by the department after January 1, 1990, no city, county, or other governmental agency may issue a permit to construct any building subject to state department regulation to any applicant who does not first comply with testing or building standards which may be implemented pursuant to this section. (c) Any building standards which may be adopted pursuant to this section shall become effective as provided by Section 17958. (d) In developing regulations pursuant to this section, the state department shall consider the methods and techniques which can provide an adequate level of safety at the lowest cost in order to reduce the impact on housing prices. (e) Subdivisions (a) to (d), inclusive, shall only become operative if federal funds are available to the department for the purposes specified in this section, as determined by the department. (Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)
  63. 105440.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. )

    Verify source ↗

    This section names the California Environmental Contaminant Biomonitoring Program and defines key terms used in the chapter.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105440. (a) This chapter shall be known, and may be cited, as the California Environmental Contaminant Biomonitoring Program. (b) For the purposes of this chapter, the following terms have the following meanings: (1) “Agency” means the California Environmental Protection Agency. (2) “Biomonitoring” means the process by which chemicals and their metabolites are identified and measured within different biological specimens. (3) “Biological specimen” means a sample taken from a biophysical substance, that is reasonably available within a human body, for use as a medium to measure the presence and concentration of toxic chemicals. (4) “Community” means geographically or nongeographically based populations that may participate in the community-based biomonitoring program. A “nongeographical community” includes, but is not limited to, populations that may share a common chemical exposure through similar occupations, populations experiencing a common health outcome that may be linked to chemical exposures, or populations that may experience similar chemical exposures because of comparable consumption, lifestyle, product use, or subpopulations that share ethnicity, age, or gender. (5) “Department” means the State Department of Public Health. (6) “Designated chemicals” means those chemicals that are known to, or strongly suspected of, adversely impacting human health or development, based upon scientific, peer-reviewed animal, human, or in vitro studies, and consist of only those substances including chemical families or metabolites that are included in the federal Centers for Disease Control and Prevention studies that are known collectively as the National Reports on Human Exposure to Environmental Chemicals program and any substances as specified pursuant to subdivision (c) of Section 105449. (7) “Director” means the State Public Health Officer. (8) “DTSC” means the Department of Toxic Substances Control within the agency. (9) “Office” means the Office of Environmental Health Hazard Assessment within the agency. (10) “Panel” means the Scientific Guidance Panel established pursuant to Article 2 (commencing with Section 105448). (11) “Program” or “biomonitoring program” means the California Environmental Contaminant Biomonitoring Program, which shall be established and operated by the department, in collaboration with the agency, the office, and DTSC. (12) “Secretary” means the Secretary of the California Environmental Protection Agency. (Amended by Stats. 2007, Ch. 483, Sec. 21. Effective January 1, 2008.)
  64. 105441.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. )

    Verify source ↗

    The department must establish the California Environmental Contaminant Biomonitoring Program with the agency, and the program must use biological specimens, statewide surveys, and confidential, voluntary procedures.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105441. The department, in collaboration with the agency, shall establish the California Environmental Contaminant Biomonitoring Program. The department is the lead entity for the program unless otherwise specified in this chapter. The program shall utilize biological specimens, as appropriate, to identify designated chemicals that are present in the bodies of Californians. Biomonitoring shall utilize scientifically based statewide surveys. Additional community-based surveys shall be contingent on funding and shall be statistically valid and scientifically based. Biomonitoring shall take place on a strictly voluntary and confidential basis. Results reported pursuant to this chapter shall not disclose individual confidential information of participants. Appropriate biological specimens shall be used to monitor and assess the presence and concentration of designated chemicals. Biological specimens shall be analyzed by laboratories operated by the department, DTSC, or their contractors. (Added by Stats. 2006, Ch. 599, Sec. 2. Effective January 1, 2007.)
  65. 105443.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. )

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    This section requires biomonitoring participants to be evaluated for designated chemicals, receive program information, and be able to get their complete results.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105443. (a) All participants shall be evaluated for the presence of designated chemicals as a component of the biomonitoring process. Participants shall be provided with information and fact sheets about the program’s activities and its findings. Individual participants may request and shall receive their complete results. Any results provided to participants shall be subject to the Institutional Review Board protocols and guidelines. When either physiological or chemical data obtained from a participant indicate a significant known health risk, program staff experienced in communicating biomonitoring results shall consult with the individual and recommend followup steps, as appropriate. Program administrators shall receive training in administering the program in an ethical, culturally sensitive, participatory, and community-based manner. (b) Individuals selected to participate in the biomonitoring program shall reflect the age, economic, racial, and ethnic composition of the state. Other selection criteria may be applied, as appropriate, for studies of specific populations. (c) Informational materials and outreach activities directed to program participants and communities shall, to the extent possible, be culturally appropriate and translated as needed. Educational materials shall be adapted to the biological specimens being used. (Added by Stats. 2006, Ch. 599, Sec. 2. Effective January 1, 2007.)
  66. 105444.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. )

    Verify source ↗

    The program must develop biomonitoring guidelines and model protocols, work with specified agencies and programs, and protect confidentiality and informed consent.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 1. General [105440 - 105444] ( Article 1 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105444. (a) The program shall develop guidelines and model protocols that address the science and practice of biomonitoring to implement this chapter, including, but not limited to, study design, subject recruitment, and data collection and management, and that accomplish all of the following: (1) Ensure confidentiality and informed consent. (2) Communicate findings to participants, communities, and the general public. (3) Emphasize all aspects of the program in a culturally sensitive manner. (4) Serve as a guide for other biomonitoring programs supported by state funds. (b) The program shall incorporate, as appropriate, the methods utilized by the federal Centers for Disease Control and Prevention for the studies known collectively as the National Report on Human Exposure to Environmental Chemicals. (c) The program shall be implemented in collaboration with the California Environmental Health Tracking Program and the environmental indicators system maintained by the office pursuant to Section 71081 of the Public Resources Code. (d) The department, office, and DTSC shall collaborate on the development of fact sheets and other informational and outreach materials for the biomonitoring program. (e) The department, in collaboration with the office and DTSC, shall conduct statistical and epidemiological analyses of the biomonitoring results. (f) Personal information as defined in Section 1798.3 of the Civil Code, shall not be shared without the written and informed consent of the individual to whom it pertains. (g) No governmental agency or private person or entity shall discriminate against a person or community based upon the biomonitoring results. (Added by Stats. 2006, Ch. 599, Sec. 2. Effective January 1, 2007.)
  67. 105448.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 2. The Scientific Guidance Panel [105448 - 105451] ( Article 2 added by Stats. 2006, Ch. 599, Sec. 2. )

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    The department and agency must establish a Scientific Guidance Panel, with required appointments, meeting frequency, open meetings, staffing, and expense reimbursement rules.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 2. The Scientific Guidance Panel [105448 - 105451] ( Article 2 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105448. (a) In implementing the program, the department and the agency shall establish a Scientific Guidance Panel. The panel shall be composed of nine members, whose expertise shall encompass the disciplines of public health, epidemiology, biostatistics, environmental medicine, risk analysis, exposure assessment, developmental biology, laboratory sciences, bioethics, maternal and child health with a specialty in breastfeeding, and toxicology. (b) The Governor shall appoint five members to the panel, the Senate Committee on Rules shall appoint two members, and the Speaker of the Assembly shall appoint two members. The appointments shall be made after soliciting recommendations of the Office of the President of the University of California. (c) All members shall be appointed to the panel by September 1, 2007. Members shall be appointed for three-year terms, except that, with respect to the initial appointees each appointing power shall appoint one member for a one-year term and one member for a two-year term. Members may be reappointed for additional terms without limitation. (d) The panel shall meet as often as it deems necessary, with consideration of available resources, but at a minimum, three times per year. The office shall be responsible for staffing and administration of the panel. (e) The panel meetings shall be open to the public and be subject to the Bagley-Keene Open Meetings Act (Article 9 (commencing with Section 11120) of Part 1 of Division 3 of Title 2 of the Government Code). (f) Members of the panel shall be reimbursed for travel and other necessary expenses incurred in the performance of their duties under this chapter, but shall not receive a salary or compensation. (Added by Stats. 2006, Ch. 599, Sec. 2. Effective January 1, 2007.)
  68. 105449.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 2. The Scientific Guidance Panel [105448 - 105451] ( Article 2 added by Stats. 2006, Ch. 599, Sec. 2. )

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    The panel must provide scientific peer review and recommendations for the biomonitoring program, and it may recommend additional chemicals under specified criteria.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 2. The Scientific Guidance Panel [105448 - 105451] ( Article 2 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105449. (a) The panel shall provide scientific peer review and make recommendations regarding the design and implementation of the program, including specific recommendations for chemicals that are priorities for biomonitoring in California, as specified in subdivisions (b) and (c), with the program retaining final decisionmaking authority. (b) The panel shall recommend priority chemicals for inclusion in the program using the following criteria: (1) The degree of potential exposure to the public or specific subgroups, including, but not limited to, occupational. (2) The likelihood of a chemical being a carcinogen or toxicant based on peer-reviewed health data, the chemical structure, or the toxicology of chemically related compounds. (3) The limits of laboratory detection for the chemical, including the ability to detect the chemical at low enough levels that could be expected in the general population. (4) Other criteria that the panel may agree to. (c) The panel may recommend additional designated chemicals not included in the CDC report, for inclusion in the program using the following criteria: (1) Exposure or potential exposure to the public or specific subgroups. (2) The known or suspected health effects resulting from some level of exposure based on peer-reviewed scientific studies. (3) The need to assess the efficacy of public health actions to reduce exposure to a chemical. (4) The availability of a biomonitoring analytical method with adequate accuracy, precision, sensitivity, specificity, and speed. (5) The availability of adequate biospecimen samples. (6) The incremental analytical cost to perform the biomonitoring analysis for the chemical. (Added by Stats. 2006, Ch. 599, Sec. 2. Effective January 1, 2007.)
  69. 105451.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 2. The Scientific Guidance Panel [105448 - 105451] ( Article 2 added by Stats. 2006, Ch. 599, Sec. 2. )

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    The program must use environmental justice principles and develop a strategy and plan for implementation, while public participation must include stakeholder meetings and workshops.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 2. The Scientific Guidance Panel [105448 - 105451] ( Article 2 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105451. (a) As appropriate, the program shall utilize the principles of the agency’s Environmental Justice Strategy and Environmental Justice Action Plan developed pursuant to Sections 71110 to 71113, inclusive, of the Public Resources Code, so that the activities of the panel and the implementation of the program provide opportunities for public participation and community capacity building with meaningful stakeholder input. This strategy and plan shall accord the highest respect and value to every individual and community by developing and conducting public health and environmental protection programs, policies, and activities in a manner that promotes equity and affords fair treatment, accessibility, and protection for all Californians, regardless of race, age, culture, income, or geographic location. (b) (1) To carry out this section, the program shall develop a strategy and plan that are to be followed in the implementation of the program. This strategy and plan shall be used to establish the framework for integrating public participation in this program. The department may utilize models used by boards, departments, and offices at the agency for community outreach pursuant to this section. (2) Public participation shall include, but need not be limited to, conducting stakeholder meetings and workshops to solicit relevant information, data, suggestions, and feedback for the development and implementation of the program. (Added by Stats. 2006, Ch. 599, Sec. 2. Effective January 1, 2007.)
  70. 105453.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [105453- 105453.] ( Article 3 added by Stats. 2006, Ch. 599, Sec. 2. )

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    This chapter only takes effect if a specific appropriation is provided in the annual Budget Act or another measure.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 3. Fiscal Provisions [105453- 105453.] ( Article 3 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105453. Implementation of this chapter shall be contingent on a specific appropriation being provided for this purpose in the annual Budget Act or other measure. (Added by Stats. 2006, Ch. 599, Sec. 2. Effective January 1, 2007.)
  71. 105459.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 4. Reporting [105459- 105459.] ( Article 4 added by Stats. 2006, Ch. 599, Sec. 2. )

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    The department must regularly report program findings to the Legislature and share related biomonitoring information with the public.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY [105150 - 105459] ( Part 5 added by Stats. 1995, Ch. 415, Sec. 5. ) ## CHAPTER 8. California Environmental Contaminant Biomonitoring Program [105440 - 105459] ( Chapter 8 added by Stats. 2006, Ch. 599, Sec. 2. ) ## ARTICLE 4. Reporting [105459- 105459.] ( Article 4 added by Stats. 2006, Ch. 599, Sec. 2. ) ## 105459. (a) By January 1, 2010, and every two years thereafter, the department, in collaboration with the agency, the office, and DTSC, shall submit a report to the Legislature containing the findings of the program, and shall include in the report additional activities and recommendations for improving the program based upon activities and findings to date. Copies of the report shall be made available via appropriate media to the public within 30 calendar days following its submission to the Legislature. (b) The department shall provide the public access to information that they are required to release pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) The department and the office shall disseminate biomonitoring findings to the general public via appropriate media, including governmental and other websites in a manner that is understandable to the average person. (d) Any health and environmental exposure data made available to the general public shall be provided in a summary format to protect the confidentiality of program participants. The data shall be made available, after appropriate quality assurance and quality control, by July 1, 2010, and at least every two years thereafter. (Amended by Stats. 2021, Ch. 615, Sec. 275. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  72. 106000.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    This section establishes the Urban Community Health Institute at Charles R. Drew University of Medicine and Science and requires it to be organized into three clinical centers and a shared resource core.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106000. The Urban Community Health Institute: Centers to Eliminate Health Disparities is hereby established at the Charles R. Drew University of Medicine and Science to address the problem of disparate health care in the Los Angeles County Service Planning Area (SPA 6) and other multicultural communities that have the worst health care status indicators, medical outcomes, and death rates in Los Angeles County. The institute shall be organized into three clinical centers and a shared resource core. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  73. 106005.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    The institute must carry out projects and leadership activities to reduce health disparities and support related community partnerships.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106005. (a) The duties of the institute shall include both of the following: (1) Designing and conducting a series of complementary projects to eliminate racial, ethnic, cultural, and linguistic health disparities through culturally sensitive preventive health education, health risk appraisal, risk factor screening, and programs to facilitate appropriate medical followup and treatment. (2) Providing integrated leadership in developing, implementing, evaluating, and sustaining services and programmatic partnerships between the scientific disciplines of the Charles R. Drew University of Medicine and Science, community-based organizations, and agencies in the public sector. (b) The objectives of the institute shall include all of the following: (1) Strengthening partnerships among community-based organizations in multicultural areas in the vicinity of Los Angeles. (2) Building the capacity for community service of the Charles R. Drew University of Medicine and Science and local community-based organizations while addressing specific community health care issues using a broadly based interdisciplinary integrative community service model of health care. (3) Developing a well-defined central focus and an efficient and cost effective organizational structure in which each project of the institute is related to the shared resource core. (c) The institute shall employ the following strategies to achieve its objectives: (1) Assemble a multidisciplinary cadre of health professionals, public health experts, and community health workers to operate the clinical centers and shared resource core and implement community service programs, and provide the infrastructure to support the development, implementation, and evaluation of community-based programs to eliminate health disparities. (2) Establish the administrative, educational, methodological, computational, and communication infrastructure, including personnel, facilities, and technology, to support the activities of the institute. (3) Bring the diverse scientific and governmental resources of the community, local organizations, public sector, and the Charles R. Drew University of Medicine and Science together in an integrated effort to eliminate health disparities. (4) Gather local and regional surveillance data and conduct primary and secondary data collection to assess the extent, severity, clinical characteristics, causes, and solutions to the problem of disparities in health outcomes, disease progression, morbidity, and mortality of stroke and hypertension, obesity and nutrition, and HIV/AIDS. (5) Implement community-focused interventions and demonstration projects to eliminate disparities in the evaluation and treatment of stroke and hypertension, obesity and nutrition, and HIV/AIDS, based on information from the work of the institute and local and regional resources. (6) Apply population-based sciences, including epidemiology, outcome assessment, and informatics, to projects that address risk factors as well as behavioral, environmental, clinical, and biological contributors to disparities in stroke and hypertension, obesity, diabetes, and HIV/AIDS. (7) Serve as a community resource for technical assistance and training in the communication and dissemination of information, and for the synthesis, interpretation, and dissemination of health indicator data and public health information relevant to diverse communities. (8) Facilitate the development of lasting academic and community partnerships that promote healthy lifestyles, prevent disease, reduce risk factors for disease, and increase ongoing access to culturally appropriate health care for stroke and hypertension, obesity, diabetes, and HIV/AIDS. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  74. 106010.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    Clinical centers listed in Section 106000 must include three named centers, focus on certain health conditions and disparities, and expand projects over time to cover all racial, ethnic, and cultural groups.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106010. (a) The clinical centers described in Section 106000 shall include the Stroke and Hypertension Center, the Obesity and Nutrition Center, and the HIV/AIDS Center. (b) The centers shall target and address illnesses that are related biologically and clinically and are characterized by outcomes that are disparate between minority populations and that of the overall community. (c) The centers shall initially focus on health promotion, disease prevention, health risk assessment, and health screening services in connection with target medical conditions in minority populations that are experiencing disparate outcomes in relation to the overall community in regard to target conditions. However, over time, each center shall develop a portfolio of projects that also address these target conditions in all racial, ethnic, and cultural groups. (Amended by Stats. 2004, Ch. 183, Sec. 227. Effective January 1, 2005.)
  75. 106015.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    The Stroke and Hypertension Center must work with the American Heart Association on community stroke awareness and training programs, and it must also work toward providing additional services such as a stroke screening program.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106015. (a) The Stroke and Hypertension Center shall initially work in partnership with the American Heart Association in developing culturally appropriate, communitywide stroke awareness and training programs. (b) The center shall also work towards providing additional services, including a stroke screening program directed by the Charles R. Drew University of Medicine and Science, using carotid ultrasound testing. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  76. 106020.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    The Obesity and Nutrition Center must work with local elementary and middle schools to provide culturally appropriate obesity, diet, nutrition, and exercise education programs and related structured exercise and weight reduction activities.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106020. The Obesity and Nutrition Center shall work in partnership with local elementary and middle schools to conduct culturally appropriate antiobesity, diet, nutrition, and exercise education programs, coupled with structured exercise and weight reduction activities. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  77. 106025.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    The HIV/AIDS Center must run prevention, education, and counseling programs for high-risk populations.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106025. The HIV/AIDS Center shall conduct prevention, education, and counseling programs in high-risk populations identified through partnerships between the center and community-sponsored outreach programs in local neighborhoods and in local social gathering places of individuals with a high risk for HIV infection. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  78. 106030.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    The shared resource core must provide specified administrative, technical, educational, and health information services to collaborative projects.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106030. (a) The shared resource core shall provide administrative, technical, educational, and health information dissemination services to multiple projects conducted, in collaboration, by the Charles R. Drew University of Medicine and Science and community-based organizations. (b) The duties of the shared resource core shall include all of the following: (1) Helping to provide program administration services, project management, fiscal support, resource allocation, and program evaluation. (2) Assisting in the collection, management, and analysis of primary and secondary data, and providing methodological and computational support and training. (3) Helping implement community-focused health promotion, disease prevention, and health screening interventions and demonstration projects. (4) Aiding in the synthesis, interpretation, and dissemination of information on disparities in health indicators, medical outcomes, death rates, and other aspects of health inequalities. (c) The objectives of the shared resource core shall include both of the following: (1) To achieve economies of scale in effort, expertise, and equipment, and thereby build the capacity of the community and the Charles R. Drew University of Medicine and Science to develop, implement, and evaluate community programs to reduce health disparities. (2) To pool services, expertise, equipment, and facilities to support several interrelated projects and collaborating organizations, thereby impacting health disparities with greater resources than those that would be provided separately to each project and without formal interaction among the Charles R. Drew University of Medicine and Science, community-based organizations, and public sector agencies. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  79. 106035.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    The President must appoint an external advisory committee, the president must appoint an internal steering committee, and the institute must sponsor and conduct an annual Urban Community Health Forum.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106035. (a) The President of the Charles R. Drew University of Medicine and Science shall appoint an external advisory committee, composed of nine individuals who are nationally or regionally recognized for their expertise in eliminating health disparities, to oversee and evaluate all institute activities. (b) The president shall appoint an internal steering committee, composed of leadership from the institute and members of community-based organizations, public sector agencies, and projects, to supervise the day-to-day activities of the institute. (c) The institute shall sponsor and conduct an annual Urban Community Health Forum as a communitywide symposium. The forum shall provide a report on the progress of the institute, offer technical assistance workshops, and provide an overview of local, regional, and national efforts concerning health disparities. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  80. 106036.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. )

    Verify source ↗

    This part is implemented only if private or federal funding is received for the purpose.

    ## Health and Safety Code - HSC ## DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100 - 106036] ( Division 103 added by Stats. 1995, Ch. 415, Sec. 5. ) ## PART 7. URBAN COMMUNITY HEALTH INSTITUTE [106000 - 106036] ( Part 7 added by Stats. 2003, Ch. 200, Sec. 1. ) ## 106036. This part shall be implemented only to the extent that private or federal funding is received for this purpose. (Added by Stats. 2003, Ch. 200, Sec. 1. Effective January 1, 2004.)
  81. 106500.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Administrative [106500- 106500.] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The chief and designated Food and Drug Section inspectors are peace officers for their job duties, may make certain warrantless arrests, and may serve processes and notices statewide.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Administrative [106500- 106500.] ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106500. (a) The chief and those inspectors of the Food and Drug Section as he or she may designate, are peace officers for the purpose only of carrying out the duties of their employment. The authority of the peace officer shall extend to any place in the state as to any public offense committed, or which there is reasonable cause to believe has been committed, within this state that is a violation of any provision of Division 8.5 (commencing with Section 22950) of the Business and Professions Code, Part 5 (commencing with Section 109875), or the Miscellaneous Food, Food Facility, and Hazardous Substances Act (Section 27), or Chapter 4 (commencing with Section 41301) of Division 16 of the Food and Agricultural Code. This authority shall further extend to violations of any penal provision of this code, the Business and Professions Code, or the Penal Code, that are discovered in the course of and arise in connection with the employment of these officers. (b) Any inspector of the Food and Drug Section shall have the authority, as a public officer, to arrest, without a warrant, any person who, in his or her presence, has violated, or as to whom there is probable cause to believe has violated, any provision of Part 5 (commencing with Section 109875) or the Miscellaneous Food, Food Facility, and Hazardous Substances Act (Section 27), or Chapter 4 (commencing with Section 41301) of Division 16 of the Food and Agricultural Code. In any case in which an arrest authorized by this subdivision is made for an offense declared to be a misdemeanor, and the person arrested does not demand to be taken before a magistrate, the arresting inspector may, instead of taking the person before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. That chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority. (c) There shall be no civil liability on the part of and no cause of action shall arise against any person, acting pursuant to subdivision (b) and within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest that is lawful or that the arresting inspector, at the time of the arrest, had reasonable cause to believe was lawful. No inspector shall be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (d) The chief and inspectors of the Food and Drug Section may serve all processes and notices throughout the state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  82. 106600.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section sets the title “environmental health specialist” for registered persons and requires the department to issue a new certificate of registration to reflect that status.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106600. It is the intent of the Legislature in adopting this article to safeguard the health, safety, and general welfare of the public by the registration of those environmental health professionals practicing as environmental health specialists who have completed an approved environmental health or science curriculum and who are qualified to work, or are working, within the scope of the field of environmental health as defined by this article. In adopting this article, it is recognized that the field of environmental health is a dynamic field that is continually evolving into new and complex areas of concern. This article recognizes the existence of overlapping functions with other professions carrying out specific activities that may include some aspects of the field of environmental health. The title of a person registered under this article shall be environmental health specialist. Use of the term “sanitarian” or “registered sanitarian” in statutes and regulations shall mean “registered environmental health specialists.” A valid registered sanitarian registration shall on January 1, 1989, be a valid registration as an environmental health specialist. The department shall provide a new certificate of registration to that effect. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  83. 106605.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section mainly says the article does not require registration for certain people with overlapping environmental health functions, and it also exempts people doing duties under Section 106615(e) unless they hold themselves out as registered environmental health specialists.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106605. This article does not require registration of individuals, such as industrial hygienists, health physicists, safety engineers, civil engineers, land surveyors, other registered professional engineers, or others with overlapping functions. This article does not require registration of individuals performing duties described in subdivision (e) of Section 106615, unless those individuals represent themselves as registered environmental health specialists. It is not the intent of this article to require local health departments to employ only registered environmental health specialists, environmental health specialist trainees, or those qualified for registration in jobs involving those overlapping functions. It is the sole purpose of this article to safeguard the health, safety, and general welfare of the public from adverse environmental factors, to register those environmental health professionals practicing as environmental health specialists who have completed an approved environmental health or science curriculum, and are qualified to work, or are working, in the public or private sector in the field of environmental health within the scope of practice as defined in this article, and to protect the public from individuals performing as environmental health specialists without proper qualifications. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  84. 106610.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt regulations needed to carry out this article, but only on the recommendation of the Environmental Health Specialist Registration Committee.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106610. The department may, upon recommendation of the Environmental Health Specialist Registration Committee appointed pursuant to Section 106675, adopt any regulations necessary to accomplish the purposes of this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  85. 106615.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines key terms used in the article on registered environmental health specialists.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106615. For purposes of this article, the following definitions apply unless the context clearly indicates otherwise: (a) “Department” means the State Department of Public Health. (b) “Committee” means the Environmental Health Specialist Registration Committee. (c) “Registered environmental health specialist” means an environmental health professional educated and trained within the field of environmental health who is registered in accordance with the provisions of this article. (d) “Environmental health specialist trainee” means a person who meets both of the following requirements: (1) Possesses a minimum of a bachelor’s degree, including 30 semester units of basic sciences, from a department-approved educational institution or an educational institution of collegiate grade listed in the directory of accredited institutions of postsecondary education compiled by the American Council on Education but who has not completed the specific coursework and experience requirements in the field of environmental health as required by Section 106660 for registration. (2) Is engaged in an approved environmental health training plan. (e) “Scope of practice in environmental health” means the practice of environmental health by registered environmental health specialists in the public and private sectors within the meaning of this article and includes, but is not limited to, organization, management, education, enforcement, consultation, and emergency response for the purpose of prevention of environmental health hazards and the promotion and protection of the public health and the environment in the following areas: food protection; housing; institutional environmental health; land use; community noise control; recreational swimming areas and waters; electromagnetic radiation control; solid and liquid waste and hazardous materials management; underground storage tank control; onsite septic systems; vector control; drinking water quality; water sanitation; emergency preparedness; body art; medical waste; and milk and dairy sanitation pursuant to Section 33113 of the Food and Agricultural Code. Activities of registered environmental health specialists shall be regulated by the department upon the recommendation of the committee. (f) “Certificate of registration” means a signed document issued by the department as evidence of registration and qualification to practice as a registered environmental health specialist under this article. The certificate shall bear the designation “registered environmental health specialist” and shall show the name of the person, date of issue, registration number, and seal. (g) “Experience requirement” means on-the-job training and experience, as stated in this article, that all environmental health specialist trainees shall complete prior to obtaining eligibility for the environmental health specialist examination. (h) “Approved environmental health training plan” means a training program in an organization that plans to utilize environmental health specialist trainees and has a copy of its training plan on file with the department that conforms with the requirements of Section 106665 and that has been approved by the committee. (i) “Examination” means a written professional examination prescribed by the department, administered in person or online, for registration in accordance with this article. (Amended by Stats. 2025, Ch. 297, Sec. 1. (AB 1288) Effective January 1, 2026.)
  86. 106620.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says registered environmental health specialists are not authorized to design fixed works, except for onsite septic systems.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106620. Except for the design of onsite septic systems, nothing in this article shall authorize registered environmental health specialists to design any of the fixed works defined in Section 6731 of the Business and Professions Code. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  87. 106625.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A local health department’s governing body may hire registered environmental health specialists full-time, and may also hire trainees under supervision, if the trainee has a current evaluation letter before employment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106625. The governing body of a local health department may employ on a full-time basis one or more registered environmental health specialists, each of whom shall be a registered environmental health specialist as provided for in this article, for the purpose of the enforcement of statutes related to public health, the regulations of the department, and any local ordinances of a local health department that relate to activities pursuant to subdivision (e) of Section 106615. However, a person who is known as an environmental health specialist trainee may be employed to work under the supervision of a registered environmental health specialist, until the trainee is qualified by examination pursuant to Section 106670, for a period that shall not exceed five years. Prior to employment, the trainee shall have a current evaluation letter from the department stating that the education qualifications specified in Section 106660 have been met. (Amended by Stats. 2025, Ch. 297, Sec. 2. (AB 1288) Effective January 1, 2026.)
  88. 106630.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must process environmental health specialist registration applications, notify applicants, decide on complete applications quickly, and issue certificates to qualified applicants. Any person may apply, and duplicate documents can be issued for set fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106630. Any person may make an application to the department to be registered as an environmental health specialist. The department shall accept complete applications if accompanied by the required fees. (a) Application submission, completion and notification. (1) Receipt of an application for a certificate of registration as an environmental health specialist shall be deemed to be the date the application is date stamped by the department. (2) An application for a certificate of registration as an environmental health specialist is considered complete when a completed application form supplied by the department, proof of successful passage of the registered environmental health specialist examination, as specified in Section 106670, and the initial biennial registration fee are received by the department. (3) Written notification by the department to applicants shall be deemed to occur on the date the notifications are postmarked. (b) Application review period. The department shall notify the applicant in writing within 15 working days of receipt of an application for a certificate of registration as an environmental health specialist that the application is completed and accepted for filing, or that the application is deficient and what specific information, documentation, or fee, is required to complete the application. (c) Application decision period. The department, within three calendar days of filing of a completed application, shall reach a decision regarding the application for a certificate of registration as an environmental health specialist. (d) The department shall issue certificates of registration to qualified applicants. (e) Duplicate certificate/card of registration shall be issued to individuals who hold valid registration as an environmental health specialist upon payment of ten dollars ($10) for a duplicate certificate and five dollars ($5) for a duplicate registration card. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  89. 106635.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Registration of environmental health specialists requires at least a qualifying bachelor’s degree and transcript evidence of approved basic science coursework.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106635. (a) The requirements for registration of environmental health specialists shall be a minimum of a bachelor’s degree from a department-approved educational institution or an educational institution of collegiate grade listed in the directory of accredited institutions of postsecondary education compiled by the American Council on Education. (b) A transcript shall demonstrate both of the following: (1) Basic science coursework taken from a department-approved educational institution in accordance with Section 106640 or an educational institution of collegiate grade listed in the directory of accredited institutions of postsecondary education compiled by the American Council on Education. (2) Basic science coursework, as follows: Basic Requirements Experience Training I. 30 semester or 45 quarter basic science units. Three of the required basic science courses shall include a laboratory. 18 months 600 hrs. General Chemistry General Physics or Organic Chemistry General Microbiology General Biological Science Calculus or College Algebra II. 45 semester or 68 quarter basic science units. Three of the required basic science courses shall include a laboratory. one year 450 hrs. General Chemistry Organic Chemistry General Physics General Microbiology General Biological Science Calculus or College Algebra III. 30 semester or 45 quarter basic science units. Three of the required basic science courses shall include a laboratory. 9 months 300 hrs. General Chemistry General Physics or Organic Chemistry General Microbiology General Biological Science Calculus or College Algebra plus Three semester or four quarter unit courses in each of the following: Epidemiology Statistics Public Administration or Environmental Health Adminis– tration and; 10 semester or 15 quarter units in environmental health science, including one or more of the following: water quality, waste management, food and consumer protection, housing and institution sanitation, vector control, recreational health, air quality, milk and dairy products, occupational health, electromagnetic radiation, noise control, toxicology, soil science, or land use development. IV. 45 semester or 68 quarter basic science units, including the following: 6 months 200 hrs. Three of the following required basic science courses shall include a laboratory: General Chemistry Organic Chemistry General Physics General Microbiology General Biological Science Calculus or College Algebra plus Three semester or four quarter unit courses in each of the following: Epidemiology Statistics Public Administration or Environmental Health Adminis– tration and; 10 semester or 15 quarter units in Environmental Health Science, including one or more of the following: water quality, waste management, food and consumer protection, housing and institution sanitation, vector control, recreational health, air quality, milk and dairy products, occupational health, electromagnetic radiation, noise control, toxicology, soil science, or land use development. V. Possess a minimum of a bachelor’s degree in environmental health from a National Environmental Health Science & Protection Accreditation Council (EHAC) approved institution or an institution approved by the com­mittee, which includes: One year of lecture and laboratory coursework in each of the following: None required None required General Chemistry General Physics General Biological Science, and One semester course in: Calculus or College Algebra Organic Chemistry General Microbiology with Laboratory Public Administration or Environmental Health Adminis– tration Epidemiology Statistics Field Orientation Course in Environmental Health Fifteen semester units of environmental health science courses selected from: water quality, waste management, food and consumer protection, housing and institution sanitation, vector con­trol, recreational health, air quality, milk and dairy prod­ucts, occupational health, electromagnetic radiation, noise control, toxicology, soil science, or land use development. (c) (1) For purposes of this section, “basic sciences” include life sciences, natural sciences, physical sciences, and health sciences. (2) Social science courses, such as sociology or psychology, shall not count toward the basic science requirements. (Amended by Stats. 2025, Ch. 297, Sec. 3. (AB 1288) Effective January 1, 2026.)
  90. 106640.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Educational institutions seeking approval for an environmental health degree program must first send the program to the committee for review, and if the program meets the curricula in Section 106635, it must then be submitted to the department for approval.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106640. Educational institutions requesting approval of their environmental health degree program shall first submit their program to the committee for review. If the program meets the prescribed curricula in Section 106635 it shall be submitted to the department for approval. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  91. 106645.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    People who meet the Section 106635 education, experience, and training requirements may be admitted to the examination for registration as an environmental health specialist.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106645. Those persons who meet the educational, experience, and training requirements of Section 106635 shall be eligible for admission to the examination for registration as an environmental health specialist. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  92. 106650.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain applicants, students, and trainees must be admitted to the written examination under the 1988 requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106650. Any person who has applied for environmental health specialist registration, or who is enrolled in an approved environmental health science curriculum, or who is certified by his or her employer as serving as an environmental health specialist trainee in an approved environmental health program on or before December 31, 1988, shall be admitted to the written examination on the basis of the requirements existing on December 31, 1988. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  93. 106655.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person meeting the education and dairy-inspector work requirements is eligible to be admitted to the environmental health specialist registration examination.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106655. A person who possesses a minimum of a bachelor’s degree from a department-approved educational institution or an educational institution of collegiate grade listed in the directory of accredited institutions of postsecondary education compiled by the American Council on Education and has been employed as a certified dairy inspector in the State of California for at least 24 months immediately prior to applying for admission to the environmental health specialist registration examination, shall be eligible for admission to the examination for registration as an environmental health specialist. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  94. 106660.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A qualified person who lacks the required experience may apply to the department as an environmental health specialist trainee, and the department must accept complete applications with the required fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106660. Any person meeting the educational qualifications pursuant to Section 106635, but who does not meet the experience requirement of that section, may make application to the department on a form prescribed by the department for acceptance as an environmental health specialist trainee. The department shall accept complete applications if accompanied by the required fees. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  95. 106665.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Environmental health specialist trainees must complete approved training with specified subject areas, minimum hour percentages, and recordkeeping, and local directors must review, certify, and report trainee records.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106665. An approved environmental health training plan shall include program elements in the training, duration of training, and types of training. (a) Program elements, duration of training, and experience are as follows: (1) All environmental health specialist trainees shall complete a basic training period in an approved program. The training period shall include training in at least three of the following primary elements: (A) Food safety. (B) Solid waste. (C) Liquid waste. (D) Water quality. (E) Housing and institutions. (F) Recreational health. (G) Body art. (H) Hazardous materials or other Certified Unified Program Agency elements. Additional training content may include any other primary element or any of the following secondary elements: air sanitation, safety and accident prevention, land development and use, disaster sanitation, radiation, milk and dairy products, noise control, occupational health, medical waste, and vector control, including rabies and animal disease control. (2) Training in each of the three selected primary elements shall not be less than 20 percent of the total required training hours. Time spent in the remaining primary and secondary elements shall be not less than 40 percent of the total required training hours. The employer shall designate the methods, elements, and types of training or experience for the remaining part of the time required for entrance to the registered environmental health specialist examination as specified in Section 106670. The specified training may be cumulative and scheduled at the discretion of the employing agency over this period. (3) The training may be accomplished by assignments chosen by the employing agency and under the supervision of a registered environmental health specialist. (4) For environmental health specialist trainees requiring more than one year of experience, the additional experience will be in one or more elements of environmental health listed in this section and may be outside of a local environmental health program. (5) Training and experience gained working for a governmental or a nonprofit entity, or both, may be counted toward the first-year training experience requirement if the training and experience is determined by the department to be equivalent to what would be gained in a local environmental health jurisdiction. (b) Types of training: The training program shall be integrated into the environmental health specialist trainee’s job assignment and shall include the items described in paragraphs (1) and (2) and may include the items described in paragraphs (3), (4), and (5): (1) A minimum of 20 hours per month of field instruction with direct supervision by a registered environmental health specialist for the first six months of employment. The total minimum requirement in this area shall be 150 hours. (2) Independent time with adequate supervision and guidance. (3) Office training with pretesting and posttesting. (4) Lectures. (5) Adequate office time to review and study. (c) Requirements for certification of training: (1) Environmental health specialist trainees shall receive their training from the department or agency that has a training plan approved by the committee. (2) A log for the certification of the environmental health specialist trainee shall be maintained by the local director or their designee. (A) A log covering elements and hours spent of all training shall be kept by the environmental health specialist trainees and verified by the trainer or supervisor. (B) Short narrative reports or copies of the monthly schedule of the environmental health specialist trainee’s training and progress shall be submitted by the training coordinator to the local director every month throughout the traineeship. (C) The local director, or their designee, shall review the trainee’s records on a monthly basis and shall certify on a quarterly basis that the records of training are accurate. (D) The local director, or their designee, shall notify the department within 30 days of the date an environmental health specialist trainee is hired or terminated. (E) Copies of the environmental health specialist trainee’s log, as well as the narrative reports or copies of monthly schedules, shall be retained in the personnel file of the environmental health specialist trainee for at least one year after the environmental health specialist trainee successfully completes the registered environmental health specialist examination. (3) When an environmental health specialist trainee completes the training program, the local director shall forward certification to the department. This certification shall include the program areas, length of time, dates for the areas of training, and a statement that the environmental health specialist trainee followed the approved training plan. (d) Those jurisdictions that cannot provide the required training elements within their jurisdictions shall initiate a program of training exchange with another jurisdiction that has an approved training program. (e) For purposes of this section, “local director” means a local director of environmental health or the director’s designee. (Amended by Stats. 2025, Ch. 297, Sec. 4. (AB 1288) Effective January 1, 2026.)
  96. 106670.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Only qualified applicants may take the exam for environmental health specialist registration, the department prescribes the exam with committee concurrence, and failed applicants must wait 90 days before reexamination.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106670. (a) On and after January 1, 1989, only a person who meets the educational and experience requirements as established under Section 106635 shall be eligible for admission to examination for registration as an environmental health specialist. (b) The professional examination shall be prescribed by the department with the concurrence of the committee, and a passing score on the examination shall be required prior to registration. (c) An applicant who fails to pass the written examination shall not be eligible to be reexamined until 90 days have elapsed from the date of the previous examination. Reapplication and reexamination shall be made by submitting a new application with the required fee. (Amended by Stats. 2025, Ch. 297, Sec. 5. (AB 1288) Effective January 1, 2026.)
  97. 106675.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section creates the Environmental Health Specialist Registration Committee and sets out who must serve on it and who appoints its members.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106675. (a) (1) An Environmental Health Specialist Registration Committee shall be appointed to advise and to make recommendations to the department with respect to, and to take other actions as described in this article for the establishment of rules and regulations necessary to ensure, the proper administration and enforcement of the registration of environmental health specialists whose duties in public health and environmental health require knowledge and skills in the physical, biological, and environmental health sciences and whose performance of professional duties is necessary for the promotion of life, health, and the well-being of the public. (2) The members of the former Sanitarian Registration Certification Committee shall serve as members of the new committee until the expiration of their terms. (b) The committee shall consist of the State Environmental Health Director, or their designee, who shall serve as executive officer, but who shall not vote, and the following 10 members who are residents of the state: (1) Two members appointed by the State Environmental Health Director from the California Conference of Directors of Environmental Health who shall be environmental health specialists with at least two years of experience as local directors of environmental health in this state. (2) Three members appointed by the State Environmental Health Director, each of whom shall be a qualified, practicing environmental health specialist registered in California for a period of five or more years. For purposes of this subdivision: (A) One member shall be employed in the public sector at the time of appointment. (B) One member shall be employed in the private sector at the time of appointment. (C) One member shall be from the California Environmental Health Association. (3) One member appointed by the State Environmental Health Director from the California Conference of Local Health Officers. (4) Two members appointed by the State Environmental Health Director from faculty of California universities and colleges with curricula leading to a degree in environmental health or public health with at least one from environmental health. (5) Two public members who are not currently within the field of environmental health or the profession regulated by the committee of which they are members. The Senate Rules Committee shall appoint one public member and the Speaker of the Assembly shall appoint one public member. (Amended by Stats. 2025, Ch. 297, Sec. 6. (AB 1288) Effective January 1, 2026.)
  98. 106680.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Appointments last four years; committee members may serve successive terms; members stay in office until successors are appointed and qualified; and the director may remove an appointee member under stated conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106680. An appointment shall be for a four-year term. A committee member may serve successive terms. Each member shall serve on the committee until the appointment and qualification of their successor. A vacancy occurring prior to the expiration of the terms shall be filled by appointment for the unexpired term. The director, upon the recommendation of the committee by a two-thirds vote, may remove an appointee member for misconduct in office, incompetency, neglect of duty, or other sufficient cause after due notice and hearing. (Amended by Stats. 2025, Ch. 297, Sec. 7. (AB 1288) Effective January 1, 2026.)
  99. 106685.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section sets committee procedures for electing officers, meeting regularly, handling hearings, calling special meetings, and paying expenses.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106685. (a) The members of the committee shall, annually, in the month of April, elect from their number a chairperson and a secretary. (b) The committee shall meet at least quarterly, in person or virtually, and at other times as it may determine, to evaluate applications for registration as environmental health specialists, review and update examinations and transcript review guidelines, prepare and recommend reports relative to the administration of this article, and transact all other business as may be necessary to carry out the provisions of this article. (c) The committee may hold informal hearings for denial, suspension, refusal to renew, and revocation of registrations for environmental health specialists as provided in Section 106715. (d) The committee may hold informal hearings for the purpose of administrative items, make the necessary determinations in conjunction therewith, and issue recommendations to the department consistent with the findings. The department may designate the committee to appoint one or more of its members to serve as a hearing agent. The agent or representatives shall conduct hearings in the manner provided by law. (e) A simple majority of the filled committee seats shall constitute a quorum and special meetings of the committee shall be called by the executive officer upon written request by two members of the committee. (f) The members of the committee shall serve without compensation but shall receive their actual and necessary expenses incurred in the performance of their duties on the committee. However, no funds shall be disbursed for those purposes without the prior approval of the department. (g) The chairperson may cancel a meeting if, in their discretion, there is insufficient business to warrant convening a scheduled meeting. (Amended by Stats. 2025, Ch. 297, Sec. 8. (AB 1288) Effective January 1, 2026.)
  100. 106690.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The committee and department must keep specified records, and the department must maintain and publish registries for environmental health specialists and trainees. Registered individuals must ensure the department has a current mailing address.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106690. (a) The committee shall keep a record of its meetings and proceedings. (b) The department shall maintain a register of all applications for registration and retain examination papers and records pertaining thereto for a length of time to be determined by the department. (c) (1) The department shall maintain a current registry of all registered environmental health specialists and all environmental health specialist trainees in the state. (2) The department shall make the registry required in paragraph (1) publicly available on its internet website within 90 days of the administration of an examination. (d) Individuals registered under this article are responsible for ensuring that the department has a current mailing address for them. (Amended by Stats. 2025, Ch. 297, Sec. 9. (AB 1288) Effective January 1, 2026.)
  101. 106695.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A registered environmental health specialist may keep registration under a retired biennial registration if the stated age, service, and work-status requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106695. A registered environmental health specialist may maintain registration under a retired biennial registration provided the following requirements are met: (a) Has been a working registered environmental health specialist in California for at least 10 years in an area covered in subdivision (e) of Section 106615, unless receiving an on-the-job disability before the 10 years of service as a registered environmental health specialist has elapsed. (b) Is at least 50 years old or collecting retirement benefits, or both. (c) Not working in a job requiring registration as an environmental health specialist. A person who pays a retired biennial fee shall be registered only as an inactive retired registered environmental health specialist. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  102. 106700.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section requires payment of application, examination, and renewal fees, sets amounts for some fees, and imposes penalty fees for late payment.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106700. (a) A nonreturnable fee shall be paid by a person for each application for registration, application for examination, and biennial renewal. (b) Fees shall not exceed the actual administrative costs of the program. Fees, except retired and penalty fees, shall be subject to Section 100425. The actual dollar figure charged shall be rounded to the nearest whole dollar amount. The biennial renewal fee-retired shall be twenty-five dollars ($25). (c) The nonreturnable biennial renewal fee shall be paid by each registered environmental health specialist on or before the first day of January of every second year, or on any other date that is determined by the department. Each registered environmental health specialist registered pursuant to this article shall first pay the biennial fee at the time of initial registration to cover the calendar year in which registration is acquired and the following calendar year. Registrations not maintained as required by this subdivision are suspended and remain invalid during the period of suspension. Suspended registrations become revoked three years after the date of suspension. Notwithstanding the provisions of the Government Code, the executive officer shall revoke suspended registrations after three years from the date of suspension for nonpayment of fees. (d) An additional penalty fee equal to 50 percent of the biennial renewal fee for each year of delinquency or portion thereof shall be paid by each person who fails to pay the fee required by subdivision (c) within 30 days of the established due date. All accumulated penalty fees shall be paid prior to any revalidation of registration. (e) The department shall receive and account for all money received pursuant to this article and shall deposit it with the Treasurer who shall keep the money in a separate fund to be known as the “Registered Environmental Health Specialist Fund,” which fund is hereby created. (f) Notwithstanding Section 13340 of the Government Code, funds collected pursuant to the provisions of this article are continuously appropriated without regard to fiscal year to pay expenses of the department to administer the provisions of this article. (g) The following fees are hereby established and shall be annually adjusted as required by subdivision (b): (1) Application fee—ninety-five dollars ($95). (2) Examination fee—one hundred and twenty-six dollars ($126). (3) Biennial renewal fee—active—one hundred and seventy-five dollars ($175). (Amended by Stats. 2006, Ch. 902, Sec. 18. Effective January 1, 2007.)
  103. 106705.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may adopt regulations setting continuing-education requirements and standards for registered environmental health specialists.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106705. The department upon recommendation of the committee, may, by regulation, establish the requirement and standards for continuing education for registered environmental health specialists. The standards shall be established in a manner to assure that a variety of forms of continuing education are available to registered environmental health specialists. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  104. 106710.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A valid environmental health specialist registration may be issued only to a person who meets the listed education, exam, application, fee, and conduct conditions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106710. A valid registration as an environmental health specialist under this article shall only be issued to a person who has: (a) Met the applicable education and experience requirements. (b) Successfully passed the examination for registration. (c) Submitted a complete application in accordance with Section 106630. (d) Paid the fees required in Section 106700. (e) Not committed acts specified in subdivision (a) of Section 106715. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  105. 106715.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may discipline a registered environmental health specialist’s certificate after notice, a hearing opportunity, and certain findings.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106715. (a) Notwithstanding any other provisions of this article, the department upon the recommendation of the committee may suspend, deny, refuse to renew, or revoke a registration certificate issued under this article after sufficient notice and an opportunity for a hearing and upon findings that the registered environmental health specialist has done any of the following: (1) Knowingly made a false statement of fact required to be revealed in the application for registration. (2) Been convicted of a crime, if the crime is related to the qualifications, functions, and duties of an environmental health specialist. (3) Knowingly made a false statement of fact required to be revealed in an application for, or renewal of, registration. (4) Committed an act of deceit, misrepresentation, violation of contract, fraud, negligence, professional incompetence, or unethical practice. (b) The procedure to deny, suspend, refuse to renew, or revoke an environmental health specialist registration certificate pursuant to this section shall be as follows: (1) All cases, complaints, or allegations charging a violation of this subdivision shall be made in writing and submitted to the department. (2) The department shall make a preliminary investigation by: (A) Obtaining copies of all pertinent written documents (laws, reports, contacts, and correspondence). (B) Interviewing, in person or by telephone, of all individuals involved with the issue. (3) The department shall compile the information into a confidential case document that includes the following: (A) A description of the complaint. (B) A chronology of events. (C) Results of the interviews. (D) Copies of the written documents. (4) The case document shall be submitted to each member of the committee requesting their recommendation whether or not the information warrants further investigation and an informal hearing. (5) The department shall review committee recommendations and the preliminary investigation findings and then decide whether to dismiss the complaint or proceed to an informal committee hearing. Dismissal of the charges shall be followed by a letter to both complainant and the registered environmental health specialist involved explaining the department’s action. (6) If the decision is made to proceed with an informal hearing, the department shall request the committee to appoint one or more hearing officers to hear the case. (A) All parties shall be notified of the time and place of the hearing. (B) An investigation of the issue may be made by an independent professional investigator if it is felt warranted by the department and the committee. The investigation results shall be submitted to the department, committee hearing officers, complainant, and respondent prior to the hearing. (C) The informal hearing shall permit the right to be heard (with an attorney, if desired) and the proceedings recorded. Such a hearing shall be considered an informal level of review and shall be governed by subdivision (g) of Section 100171. (D) Upon the finding that a violation of this section occurred, the following disciplinary ranges may be recommended to the department by the committee and may be adopted by the department if the respondent does not timely request further review as specified in subdivision (d): (i) Knowingly made a false statement of fact required to be revealed in the application for registration. (I) Maximum: Revocation. (II) Minimum: Fifteen-day suspension. Range depends on whether or not the registration was falsely approved. (ii) Been convicted of a crime, if the crime is related to the qualifications, functions, and duties of a registered environmental health specialist. (I) Maximum: Deny, refuse to renew, or revocation of registration. (II) Minimum: Ninety-day actual suspension. (iii) Knowingly made a false statement of fact required to be revealed in an application for, or renewal of, registration. (I) Maximum: Revocation. (II) Minimum: Seven-day actual suspension. (iv) Committed an act of deceit, misrepresentation, violation of contract, fraud, negligence, professional incompetence, or unethical practice. (I) Maximum: Revocation. (II) Minimum: Ninety-day suspension stayed for three years on the following conditions of probation. —Forty-five-day actual suspension. —The respondent shall obey all laws and regulations related to the practice of environmental health. (c) A copy of the recommendation made to the department by the committee shall be transmitted to the respondent within 10 calendar days of its receipt by the department. (d) The respondent may request further review of the recommendation resulting from the informal level of review by sending a letter so stating to the address specified in the letter transmitting the recommendation. To be timely, the request shall be postmarked no later than 15 calendar days after receipt by the respondent of the recommendation at issue. Upon receiving a timely request for review, the department shall set the matter for hearing pursuant to Section 100171. (Amended by Stats. 1997, Ch. 220, Sec. 26. Effective August 4, 1997.)
  106. 106720.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department and the committee may use listed criteria when evaluating whether a person is rehabilitated before denying, suspending, or revoking registration.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106720. The department and the committee may use the following criteria to evaluate the potential for rehabilitation or actual rehabilitation of a person prior to denying, suspending, or revoking registration. (a) The nature and severity of the act, crime, or violation under consideration as grounds for denial, suspension, or revocation. (b) The time that has elapsed since commission of the act, crime, or violation. (c) The extent to which the applicant has complied with any terms of parole, probation, restitution, or other sanctions imposed upon the applicant. (d) Evidence of rehabilitation or lack of rehabilitation of the applicant. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  107. 106725.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must issue an environmental health specialist certificate when an applicant applies, pays the current fees, and meets the stated out-of-state certification requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106725. The department shall, upon application therefor and upon payment of the current application and biennial renewal fees, as determined by the department upon the recommendation of the committee by a two-thirds vote, not to exceed one hundred dollars ($100), issue a certificate of registration as an environmental health specialist to any person who holds a certificate of registration as a sanitarian or an environmental health specialist issued by the proper authority of any state or territory, or possession of the United States, if the requirements for the registration of sanitarians or environmental health specialists under which the certificate was issued are consistent with the provisions of this article and at the time the certificate was granted were at least as stringent as those specified in Section 106635. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  108. 106730.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the article does not change or replace other state or federal requirements or qualifications for people involved in activities under subdivision (e) of Section 106615.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106730. This article does not affect or replace any other requirements or qualifications imposed pursuant to state or federal law on persons involved in activities under subdivision (e) of Section 106615. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  109. 106735.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section lets qualified people use the protected titles, and bars other uses of “registered sanitarian” or “registered environmental health specialist” as a working title except as allowed by Section 106600.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. Registered Environmental Health Specialists [106600 - 106735] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106735. Only a person who has qualified as a registered environmental health specialist and who holds a valid registration certificate issued in conformance with Section 106710 for use in this state shall have the right and privilege of using the title “registered environmental health specialist” and to use the abbreviation “R.E.H.S.” after the person’s name. Only a person who has qualified as a registered environmental health specialist trainee and has a letter of acceptance issued by the department shall have the right and privilege of using the title “registered environmental health specialist trainee.” Except as permitted in Section 106600 any use of the words “registered sanitarian” or other use of the words “registered environmental health specialist” to denote a working title is prohibited. A person who violates any provision of this section is guilty of a misdemeanor and may be fined a sum not to exceed one thousand dollars ($1,000) or imprisoned for not more than 180 days, or both. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  110. 106750.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. )

    Verify source ↗

    This article sets requirements for radon certification.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. ) ## 106750. This article establishes requirements for radon certification. (Repealed and added by Stats. 2000, Ch. 327, Sec. 2. Effective January 1, 2001.)
  111. 106770.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. )

    Verify source ↗

    “Department” means the State Department of Health Services.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. ) ## 106770. “Department” means the State Department of Health Services. (Repealed and added by Stats. 2000, Ch. 327, Sec. 2. Effective January 1, 2001.)
  112. 106775.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. )

    Verify source ↗

    This section defines “radon services.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. ) ## 106775. “Radon services” means any of the following: (a) The analysis of radon detectors or testing for radon or radon decay products by a commercial laboratory. (b) The performance of radon or radon progeny measurements in buildings by an individual person who provides professional or expert advice on radon and radon progeny measurements, radon entry routes, and other radon related activities. (c) The repair or alteration by an individual person of a building or design for the purpose, in whole or in part, of reducing the concentration of radon in the indoor atmosphere. (Repealed and added by Stats. 2000, Ch. 327, Sec. 2. Effective January 1, 2001.)
  113. 106780.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. )

    Verify source ↗

    A person generally may not provide or advertise radon services unless they complete an approved radon certification program and submit a certificate to the department.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. ) ## 106780. (a) Except as provided in Section 106790, no person may provide radon services for the general public, or represent or advertise that he or she may provide radon services unless that person meets both of the following requirements: (1) Successfully completes the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program. (2) Submits to the department a copy of certificate demonstrating successful completion of either program. (b) Persons certified to provide radon services shall successfully complete and submit to the department proof of completion of the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program every two years after initial certification. (c) A copy of the current certificate of completion shall be submitted to the department at least 14 days prior to conducting radon services within the state. (Amended by Stats. 2007, Ch. 130, Sec. 169.5. Effective January 1, 2008.)
  114. 106785.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. )

    Verify source ↗

    The department must keep a list of certain certified persons and make that list available to the public.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. ) ## 106785. The department shall maintain a list of persons that have submitted proof of certification by either the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program. This list shall be made available to the public. (Repealed and added by Stats. 2000, Ch. 327, Sec. 2. Effective January 1, 2001.)
  115. 106790.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. )

    Verify source ↗

    This section says the article does not apply in three situations: radon testing or mitigation in a building the person owns or occupies, radon-related mitigation for new construction, or scientific research on radon testing or mitigation if the person gives the owner and occupant specified disclosures.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. ) ## 106790. This article does not apply to a person in any of the following circumstances: (a) The person is testing for, or mitigating radon in a building that the person owns or occupies. (b) The person is designing or conducting mitigation measures to prevent against radon infiltration or accumulation in new construction. (c) The person is performing scientific research regarding testing or mitigation of radon, but only if the person informs the owner and the occupant of the building of all of the following: (1) That the person is not certified by the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program. (2) Any test results are neither certified nor valid for legal purposes. (3) Any mitigation methods suggested or used are experimental. (Repealed and added by Stats. 2000, Ch. 327, Sec. 2. Effective January 1, 2001.)
  116. 106795.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. )

    Verify source ↗

    An individual may not provide radon services in violation of this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## [ARTICLE 2. Radon Certification] [106750 - 106795] ( Article 2 repealed and added by Stats. 2000, Ch. 327, Sec. 2. ) ## 106795. It is unlawful for an individual to provide radon services in violation of this article. A violation of this article is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000). (Repealed and added by Stats. 2000, Ch. 327, Sec. 2. Effective January 1, 2001.)
  117. 106875.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    The state board must examine and certify people who qualify to operate water treatment plants and water distribution systems.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106875. (a) The state board shall examine and certify persons as to their qualifications to operate water treatment plants. The certification shall indicate the classification of water treatment plant that the person is qualified to operate. (b) The state board shall examine and certify persons as to their qualifications to operate a water distribution system. The certification shall indicate the classification of distribution system that the person is qualified to operate. (Amended by Stats. 2016, Ch. 305, Sec. 1. (AB 2890) Effective January 1, 2017.)
  118. 106876.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the article about operator certification for water treatment plants and water distribution systems.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106876. As used in this article, unless the context otherwise requires, the following definitions apply: (a) “Community water system” has the same meaning as defined in Section 116275. (b) “Local primacy agency” has the same meaning as defined in Section 116275. (c) “Nontransient noncommunity water system” has the same meaning as defined in Section 116275. (d) “Operates a water distribution system” means actions or decisions to control the quality or quantity of drinking water in a water distribution system and includes both of the following: (1) Supervision of other persons operating a water distribution system. (2) Any activity designated by the state board, in its regulations to implement this article, as an activity that may only be performed by a person with a water distribution operator certificate. (e) “Operates a water treatment plant” means actions or decisions to control the performance of one or more drinking water treatment processes and includes both of the following: (1) Supervision of other persons operating a water treatment plant. (2) Any activity designated by the state board, in its regulations to implement this article, as an activity that may only be performed by a person with a water treatment operator certificate. (f) “Wastewater certificate” has the same meaning as defined in Section 13625 of the Water Code. (g) “Wastewater treatment plant” has the same meaning as defined in Section 13625 of the Water Code. (h) “Water distribution operator certificate” means a certificate of competency issued by the state board stating that a person has met the requirements to be certified to operate a water distribution system for a specified grade level. (i) “Water distribution system” has the same meaning as defined in Section 116275. (j) “Water recycling treatment plant” has the same meaning as defined in Section 13625 of the Water Code. (k) “Water treatment operator certificate” means a certificate of competency issued by the state board stating that a person has met the requirements to be certified to operate a water treatment plant for a specific classification and grade level. (l) “Water treatment plant” has the same meaning as defined in Section 116275. (m) “Water treatment process” means a process that improves the physical, chemical, biological, or radiological quality of water in order to render the water acceptable for use as drinking water and includes all of the following: (1) Aeration. (2) Blending. (3) Chemical addition. (4) Contaminant removal. (5) Conventional treatment. (6) Demineralization. (7) Disinfection. (8) Filtration. (9) Fluoridation. (10) Ion exchange. (11) pH adjustment. (12) Pre- and post-treatment. (13) Reverse osmosis. (Added by Stats. 2016, Ch. 305, Sec. 3. (AB 2890) Effective January 1, 2017.)
  119. 106877.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    The state board may discipline water treatment and water distribution operator certificates for listed grounds, and it must give the certificate holder a hearing before suspending or revoking a valid certificate.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106877. (a) The state board may suspend, revoke, or refuse to grant or renew any water treatment operator certificate to operate a water treatment plant or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following: (1) The submission of false or misleading information on an application for a water treatment operator certificate or an examination for a water treatment operator certificate. (2) The use of fraud or deception in the course of operating a water treatment plant or a water recycling treatment plant. (3) The failure to use reasonable care or judgment in the operation of a water treatment plant or a water recycling treatment plant. (4) The inability to perform operating duties properly in a water treatment plant or a water recycling treatment plant. (5) Engaging in dishonest conduct during an examination for a water treatment operator certificate. (6) The conduct of willful or negligent acts that cause or allow the violation of the federal Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code), the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12), or the regulations and standards adopted pursuant to either act. (7) Willfully or negligently violating or causing or allowing the violation of waste discharge requirements or permits issued pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code) while operating a water recycling treatment plant. (b) The state board may suspend, revoke, or refuse to grant or renew any water distribution operator certificate to operate a water distribution system or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following: (1) The submission of false or misleading information on an application for a water distribution operator certificate or an examination for a water distribution operator certificate. (2) The use of fraud or deception in the course of operating a water distribution system. (3) The failure to use reasonable care of judgment in the operation of a water distribution system. (4) The inability to perform operating duties properly in a water distribution system. (5) Engaging in dishonest conduct during an examination for a water distribution operator certificate. (6) The conduct of willful or negligent acts that cause or allow the violation of the federal Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code), the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12), or the regulations and standards adopted pursuant to either act. (c) Prior to suspension or revocation of a valid operator certificate, the state board shall provide the certificate holder with an opportunity for a hearing before the state board, in accordance with rules adopted pursuant to Section 185 of the Water Code. (Added by renumbering Section 106876 by Stats. 2016, Ch. 305, Sec. 2. (AB 2890) Effective January 1, 2017.)
  120. 106878.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    A person must not operate a water treatment plant or water distribution system without the proper valid, unexpired operator certificate, and responsible parties must not allow uncertified operators to be employed.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106878. (a) Any person who commits either of the following violations is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation: (1) Operates a water treatment plant but does not hold a valid, unexpired water treatment operator certificate of the appropriate grade in accordance with regulations adopted pursuant to Section 106910. (2) Operates a water distribution system but does not hold a valid, unexpired water distribution operator certificate of the appropriate grade in accordance with the regulations adopted pursuant to Section 106910. (b) (1) Any person or entity who is in responsible charge of a water treatment plant and allows the employment of any person as a water treatment operator who does not hold a valid, unexpired water treatment operator certificate of the appropriate grade in accordance with the regulations adopted pursuant to Section 106910 is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation. (2) Any person or entity who is in responsible charge of a water distribution system and allows the employment of any person as a water distribution operator who does not hold a valid, unexpired water distribution operator certificate of the appropriate grade in accordance with the regulations adopted pursuant to Section 106910 is guilty of a misdemeanor and may be liable civilly in an amount not to exceed one hundred dollars ($100) for each day of violation. (c) Any person or entity that commits an act described in paragraph (2), (3), (5), or (6) of subdivision (a) of, or paragraph (2), (3), (5), or (6) of subdivision (b) of, Section 106877, may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation. (d) Any person that commits an act described in paragraph (1) of subdivision (a) of, or paragraph (1) of subdivision (b) of, Section 106877 may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation. (Added by Stats. 2016, Ch. 305, Sec. 4. (AB 2890) Effective January 1, 2017.)
  121. 106879.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    The state board may impose civil liability administratively, and the Attorney General may do so in superior court if the state board requests it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106879. (a) The state board may administratively impose civil liability pursuant to this article or, upon the request of the state board, the Attorney General may impose civil liability pursuant to this article in an action in superior court. The state board may impose civil liability administratively in accordance with Article 2.5 (commencing with Section 13323) of Chapter 5 of Division 7 of the Water Code. (b) A remedy described in this article is in addition to, and does not supersede or limit, any other remedy, civil or criminal, except that civil liability may not be imposed both administratively and by the superior court for the same violation. (Added by Stats. 2016, Ch. 305, Sec. 5. (AB 2890) Effective January 1, 2017.)
  122. 106880.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    The state board must hold at least one examination each year for candidates for water treatment operator certificates and water distribution operator certificates.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106880. The state board shall hold at least one examination each year for the purpose of examining candidates for water treatment operator certificates and water distribution operator certificates. (Amended by Stats. 2016, Ch. 305, Sec. 6. (AB 2890) Effective January 1, 2017.)
  123. 106885.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    People who operate or are in responsible charge of water treatment plants or water distribution systems must hold the required valid, unexpired operator certificate.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106885. (a) (1) A person who operates a water treatment plant shall possess a valid, unexpired water treatment operator certificate of appropriate grade in accordance with the regulations adopted pursuant to Section 106910. (2) A person who is in responsible charge of the water treatment plant shall possess a valid, unexpired water treatment operator certificate equal to or greater than the classification of the water treatment plant. (b) (1) A person who operates a water distribution system shall possess a valid, unexpired water distribution operator certificate of the appropriate grade in accordance with the regulations adopted pursuant to Section 106910. (2) A person who is in responsible charge of the water distribution system shall possess a valid, unexpired water distribution operator certificate equal to or greater than the classification of the water distribution system. (Amended by Stats. 2016, Ch. 305, Sec. 7. (AB 2890) Effective January 1, 2017.)
  124. 106890.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

    Verify source ↗

    The state board may set and adjust certificate fee schedules, and it must review fees each fiscal year to keep revenue aligned with legislative appropriations and program costs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106890. (a) It is the intent of the Legislature that the program authorized pursuant to this article be entirely self-supporting, and for this purpose the state board is authorized to establish fee schedules for the issuance, replacement, reinstatement, continuing education, and renewal of certificates that shall provide revenues that shall not exceed the amount necessary, but shall be sufficient, to recover all costs incurred in the administration of this article. (b) The state board may establish reduced fees for the issuance of, and renewal of, a water treatment operator certificate for applicants who hold a valid, unexpired water distribution operator certificate or a valid, unexpired wastewater certificate. (c) The state board may establish reduced fees for the issuance of, and renewal of, a water distribution operator certificate for applicants who hold a valid, unexpired water treatment operator certificate or a valid, unexpired wastewater certificate. (d) (1) The state board shall set the amount of total revenue collected each year through the fee schedules at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Drinking Water Operator Certification Special Account for expenditure for the administration of this article, taking into account the reserves in the account. The state board shall review the fees each fiscal year and revise the fees as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the overcollection or undercollection of revenue. (2) The state board may adopt regulations pursuant to this section, including any subsequent adjustments to the fees or subsequent amendments to the regulations, as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these emergency regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or any adjustment to the fees made by the state board pursuant to this section, shall remain in effect until revised by the state board. (Amended by Stats. 2016, Ch. 305, Sec. 8. (AB 2890) Effective January 1, 2017.)
  125. 106892.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

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    The section creates a special account for drinking water operator certification and lets the state board use the account money, but only if the Legislature appropriates it, to administer the article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106892. (a) There is in the State Treasury the Drinking Water Operator Certification Special Account. Moneys in the special account are available to the state board, upon appropriation by the Legislature, for the purposes of administering this article. (b) All of the following moneys shall be deposited in the Drinking Water Operator Certification Special Account: (1) Any moneys made available by the Legislature for the purposes of the account. (2) Fees collected pursuant to Section 106890. (3) Notwithstanding Section 16305.7 of the Government Code, all interest earned upon moneys that are deposited in the account. (Amended by Stats. 2016, Ch. 305, Sec. 9. (AB 2890) Effective January 1, 2017.)
  126. 106897.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

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    The state board must issue certain operator certificates by reciprocity to qualifying applicants and may set procedures by regulation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106897. (a) The state board shall issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the United States, a territory or tribal government that has been designated as the primacy agency by the United States Environmental Protection Agency, or a unit of any of these. The state board may, by regulations, prescribe the procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity. (b) The state board shall evaluate opportunities for the following: (1) Issuing a water treatment operator certificate and water distribution operator certificate by reciprocity to persons who performed duties comparable to the duties of an operator at a water treatment facility or water distribution system while serving in the United States military. (2) Awarding experience and education credits to persons who performed duties comparable to the duties of an operator at a water treatment facility or water distribution system while serving in the United States military. (c) The state board shall seek consultation with the United States Department of Defense in carrying out subdivision (b). (d) If the state board identifies opportunities pursuant to subdivision (b), the state board shall, where appropriate, issue a water treatment operator certificate or water distribution operator certificate by reciprocity to, or award experience or education credits to, persons who performed duties comparable to the duties of an operator at a water treatment facility or water distribution system while serving in the United States military. (Amended by Stats. 2019, Ch. 760, Sec. 1. (AB 1588) Effective January 1, 2020.)
  127. 106898.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

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    The state board must appoint an advisory committee, and the committee must review proposed regulations and recommend action to the state board before a regulation or amendment is adopted.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106898. (a) The state board shall appoint an advisory committee to assist it in carrying out its responsibilities pursuant to this article. The advisory committee shall review all proposed regulations and make recommendations to the state board before the adoption of a regulation or an amendment to a regulation. (b) The advisory committee shall consist of the following members: (1) Two persons from a statewide organization representing medium to large water systems. (2) Two persons from a statewide organization representing small water systems. (3) One person from a local primacy agency. (4) One person who is employed as an operator at a water recycling treatment plant. (5) One person from an educational institution’s school or division of engineering. (6) One person who is a member of an organized labor union that represents water treatment operators and water distribution operators. (7) One person who is employed by an educational institution, professional association, public agency, or private agency to provide water treatment or water distribution courses of instruction. (8) One person who is a professional engineer specializing in sanitary engineering. (9) One person who is an active or former member of the United States military who is working, supervising, or managing or who has previously worked, supervised, or managed in water treatment or distribution within their military service. (Amended by Stats. 2019, Ch. 760, Sec. 2. (AB 1588) Effective January 1, 2020.)
  128. 106900.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

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    The state board may approve qualifying courses of instruction for water treatment and water distribution operator certificates.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106900. The state board may approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for issuance of and renewal of a water treatment operator certificate or water distribution operator certificate. (Amended by Stats. 2016, Ch. 305, Sec. 15. (AB 2890) Effective January 1, 2017.)
  129. 106910.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. )

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    The state board may adopt rules and certification standards for this article, but it must not renew a water treatment or water distribution operator certificate if the person does not meet all renewal requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems [106875 - 106910] ( Heading of Article 3 amended by Stats. 1999, Ch. 755, Sec. 1. ) ## 106910. The state board may adopt rules, regulations, and certification standards necessary to carry out the provisions of this article, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The rules, regulations, and standards shall include, but not be limited to, the following: (a) The classification of water treatment plants taking into consideration the plant size, character of the water being treated, type and degree of treatment, complexity of operation, and other physical conditions affecting the operation of the water treatment plant. (b) The classification of distribution systems of community water systems and nontransient noncommunity water systems taking into consideration the complexity and size of the system. (c) Criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants so as to protect public health. (d) Criteria and standards establishing the level of skill, knowledge, and experience necessary to operate successfully specific classes of water distribution systems so as to protect the public health. (e) (1) Criteria and standards for water treatment operator certificate and water distribution operator certificate renewal, including continuing education requirements. (2) The state board shall not renew any person’s water treatment operator certificate or water distribution operator certificate if that person does not meet all requirements for certificate renewal. (f) Criteria and standards for reinstatement of a water treatment operator certificate or water distribution operator certificate when the certificate has lapsed. (g) Criteria and standards for the availability of designated water treatment operator certificate holders for each operating shift. (Amended by Stats. 2016, Ch. 305, Sec. 16. (AB 2890) Effective January 1, 2017.)
  130. 106925.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Vector Control Technicians [106925- 106925.] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Certain government employees who use pesticides for public health work must be certified, and the department sets continuing-education, fee, and exemption rules.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 4. Vector Control Technicians [106925- 106925.] ( Article 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106925. (a) Except as otherwise provided in subdivision (b) or (i), every government agency employee who handles, applies, or supervises the use of any pesticide for public health purposes, shall be certified by the department as a vector control technician in at least one of the following categories commensurate with assigned duties, as follows: (1) Mosquito control. (2) Terrestrial invertebrate vector control. (3) Vertebrate vector control. (b) The department may establish by regulation exemptions from the requirements of this section that are deemed reasonably necessary to further the purposes of this section. (c) The department shall establish by regulation minimum standards for continuing education for any government agency employee certified under Section 116110 and regulations adopted pursuant thereto, who handles, applies, or supervises the use of any pesticide for public health purposes. (d) An official record of the completed continuing education units shall be maintained by the department. If a certified technician fails to meet the requirements set forth under subdivision (c), the department shall suspend the technician’s certificate or certificates and immediately notify the technician and the employing agency. The department shall establish by regulation procedures for reinstating a suspended certificate. (e) The department shall charge and collect a nonreturnable renewal fee of one hundred twenty dollars ($120) to be paid by each continuing education certificant on or before the first day of July, or on any other date that is determined by the department. Each person employed on September 20, 1988, in a position that requires certification, shall first pay the annual fee the first day of the first July following that date. All new certificants shall first pay the annual fee the first day of the first July following their certification. (f) The department shall charge and collect nonrefundable examination fees for providing examinations pursuant to this section. When certification is required as a condition of employment, the employing agency shall pay the fees for certified technician applicants. The fees shall not exceed the estimated reasonable cost of providing the examinations, as determined by the director. (g) The department shall collect and account for all money received pursuant to this section and shall deposit it in the Vectorborne Disease Account provided for in Section 116112. Notwithstanding Section 116112, fees deposited in the Vectorborne Disease Account pursuant to this section shall be available for expenditure, upon appropriation by the Legislature, to implement this section. (h) Fees collected pursuant to this section shall be subject to the annual fee increase provisions of Section 100425. (i) Employees of the Department of Food and Agriculture and county agriculture departments holding, or working under the supervision of an employee holding, a valid Qualified Applicator Certificate in Health Related Pest Control, issued by the licensing and certification program of the Department of Pesticide Regulation, shall be exempt from this section. (Amended by Stats. 2008, Ch. 758, Sec. 9. Effective September 30, 2008.)
  131. 106955.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Most people may not operate or maintain X-ray fluoroscopes or similar roentgen-ray equipment for fitting shoes or viewing bones in the feet.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106955. No person shall operate or maintain any X-ray fluoroscope, or other equipment or apparatus employing roentgen rays, in the fitting of shoes or other footwear or in the viewing of bones in the feet. This section shall not apply to any licensed physician and surgeon, podiatrist, chiropractor, or any person practicing a licensed healing art, or any technician working under the direct and immediate supervision of those persons. Any person violating this section shall be guilty of a misdemeanor. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  132. 106960.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person must not implant foreign materials into another person’s scalp to prevent or relieve baldness, except for a person’s own hair transplants or for fixing hairpieces, toupees, or wigs.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106960. It shall be unlawful for any person to implant foreign materials within the scalp of any other person for the purpose of preventing or alleviating baldness. “Foreign materials” shall include, but shall not be limited to, synthetic fibers and strands of human hair from another person. A violation of this section shall be a misdemeanor. This section shall not be applicable to procedures for the transplantation of a person’s own hair or to procedures for the fixation of hairpieces, toupees, or wigs. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  133. 106965.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A person may not use diagnostic or therapeutic x-rays on human beings, or perform mammography, unless the required certification or permit conditions are met and the person is supervised as required.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106965. (a) It shall be unlawful for any person to administer or use diagnostic or therapeutic x-ray on human beings in this state, unless that person has been certified or granted a permit pursuant to subdivision (b) or (c) of Section 114870, Section 114871, or pursuant to Section 114885, is acting within the scope of that certification or permit, and is acting under the supervision of a licentiate of the healing arts. (b) It is unlawful for any person to perform mammography in this state unless that person has a current and valid certificate in mammographic radiologic technology issued pursuant to subdivision (b) of Section 114870, is acting within the scope of that certificate, and is acting under the supervision of a licentiate of the healing arts. This article does not authorize a person licensed under the Chiropractic Initiative Act to administer, use, or supervise the use of mammographic x-ray equipment. (Amended by Stats. 2022, Ch. 580, Sec. 1. (AB 1704) Effective January 1, 2023.)
  134. 106970.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    No person may direct, order, assist, or abet a violation of Section 106965.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106970. It shall be unlawful for any person to direct, order, assist, or abet a violation of Section 106965. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  135. 106975.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Section 106975 says Section 106965 does not apply to several listed groups, including certain students, federal employees on duty, licensed dentists, and some people working under a dentist’s supervision.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106975. Section 106965 shall not apply to any of the following persons: (a) Licentiates of the healing arts. (b) Students in an approved school for radiologic technologists and in schools of medicine, podiatry or chiropractic when the students are operating X-ray machines under the supervision of an instructor who is a certified radiologic technologist or a certified supervisor or operator; and students of dentistry, dental hygiene and dental assisting when the students are operating X-ray machines under the supervision of an instructor who is a licensed dentist. (c) Any person employed by an agency of the government of the United States while performing the duties of employment. (d) Persons temporarily exempted pursuant to Section 107020. (e) A licensed dentist; or person who, under the supervision of a licensed dentist, operates only dental radiographic equipment for the sole purpose of oral radiography. This exemption applies only to those persons who have complied with the requirements of Section 1656 of the Business and Professions Code. (f) A person who has been certified or granted a limited permit pursuant to subdivision (b) or (c) of Section 114870 and who performs dental radiography in a dental X-ray laboratory upon the written order of a licensed dentist. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  136. 106976.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A certified nuclear medicine technologist may perform a CT scan only on a dual-mode machine, and only if the stated certificate, registration, and supervision conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106976. (a) Notwithstanding any other provision of the Radiologic Technology Act (Section 27), a person who is currently certified as meeting the standards of competence in nuclear medicine technology pursuant to Article 6 (commencing with Section 107150) may perform a computerized tomography scan only on a dual mode machine on which both a nuclear medicine procedure, including a positron emission tomography scan, and a computerized tomography scan may be performed if both of the following conditions are met: (1) The person holds a current, valid certificate in computerized tomography issued by the American Registry of Radiologic Technologists, or a similarly recognized organization, has registered with the department pursuant to Article 5.5 (commencing with Section 107115) as participating in on-the-job training to meet the clinical competencies required by the American Registry of Radiologic Technologists, or a similarly recognized organization, and is under the direct supervision of a person who holds a current, valid certificate in diagnostic radiology technology, or is a student described in subdivision (b) of Section 106975. (2) The person is under the supervision of a person who is an authorized user identified on a specific license authorizing medical use of radioactive materials pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9). (b) A violation of this section is a misdemeanor pursuant to Section 107170 and a violator is subject to discipline pursuant to Section 107165. (Amended by Stats. 2008, Ch. 238, Sec. 1. Effective January 1, 2009.)
  137. 106980.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Radiologic technology certification does not authorize certain x-ray, diagnostic, reporting, or healing-arts title uses.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106980. Certification in radiologic technology pursuant to subdivision (b) or (c) of Section 114870 or Section 114871 shall not authorize any of the following: (a) The use of diagnostic, mammographic, or therapeutic x-ray equipment except under the supervision of a certified supervisor or operator. (b) The interpretation of any radiograph or a diagnosis based upon it. (c) The reporting of any diagnosis to a patient except as ordered by a licentiate of the healing arts. (d) The use of any title or designation indicating or implying the right to practice any of the healing arts. (Amended by Stats. 2022, Ch. 580, Sec. 2. (AB 1704) Effective January 1, 2023.)
  138. 106985.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Radiologic technologists may perform venipuncture to administer contrast materials only if supervision, competency, training, and facility protocol requirements are met.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106985. (a) (1) Notwithstanding Section 2052 of the Business and Professions Code or any other law, a radiologic technologist certified pursuant to the Radiologic Technology Act (Section 27) may, under the direct supervision of a licensed physician and surgeon, and in accordance with the facility’s protocol that meets, at a minimum, the requirements described in paragraph (2), perform venipuncture in an upper extremity to administer contrast materials, manually or by utilizing a mechanical injector, if the radiologic technologist has been deemed competent to perform that venipuncture, in accordance with paragraph (3), and issued a certificate, as described in subdivision (b). (2) (A) In administering contrast materials, a radiologic technologist may, to ensure the security and integrity of the needle’s placement or of an existing intravenous cannula, use a saline-based solution that conforms with the facility’s protocol and that has been approved by a licensed physician and surgeon. The protocol shall specify that only contrast materials or pharmaceuticals approved by the United States Food and Drug Administration may be used and shall also specify that the use shall be in accordance with the labeling. (B) A person who is currently certified as meeting the standards of competence in nuclear medicine technology pursuant to Article 6 (commencing with Section 107150) and who is authorized to perform a computerized tomography scanner only on a dual-mode machine, as described in Section 106976, may perform the conduct described in this subdivision. (3) Prior to performing venipuncture pursuant to paragraph (1), a radiologic technologist shall have performed at least 10 venipunctures on live humans under the personal supervision of a licensed physician and surgeon, a registered nurse, or a person the physician or nurse has previously deemed qualified to provide personal supervision to the technologist for purposes of performing venipuncture pursuant to this paragraph. Only after completion of a minimum of 10 venipunctures may the supervising individual evaluate whether the technologist is competent to perform venipuncture under direct supervision. The number of venipunctures required in this paragraph are in addition to those performed for meeting the requirements of paragraph (2) of subdivision (d). The facility shall document compliance with this subdivision. (b) The radiologic technologist shall be issued a certificate as specified in subdivision (e) or by an instructor indicating satisfactory completion of the training and education described in subdivision (d). This certificate documents completion of the required education and training and may not, by itself, be construed to authorize a person to perform venipuncture or to administer contrast materials. (c) For purposes of this section, the following definitions apply: (1) “Direct supervision” means the direction of procedures authorized by this section by a licensed physician and surgeon who shall be either: (A) Physically present within the facility and immediately available to intervene. (B) Available immediately via audio and video communication with access to the patient’s medical imaging records and have the ability to intervene by directing other onsite personnel. (2) “Personal supervision,” for purposes of this section, means the oversight of the procedures authorized by this section by a supervising individual identified in paragraph (3) of subdivision (a) who is physically present to observe, and correct, as needed, the performance of the individual who is performing the procedure. (d) The radiologic technologist shall have completed both of the following: (1) Received a total of 10 hours of instruction, including all of the following: (A) Anatomy and physiology of venipuncture sites. (B) Venipuncture instruments, intravenous solutions, and related equipment. (C) Puncture techniques. (D) Techniques of intravenous line establishment. (E) Hazards and complications of venipuncture. (F) Postpuncture care. (G) Composition and purpose of antianaphylaxis tray. (H) First aid and basic cardiopulmonary resuscitation. (2) Performed 10 venipunctures on a human or training mannequin upper extremity (for example, an infusion arm or a mannequin arm) under personal supervision. If performance is on a human, only an upper extremity may be used. (e) Schools for radiologic technologists shall include the training and education specified in subdivision (d). Upon satisfactory completion of the training and education, the school shall issue to the student a completion document. This document may not be construed to authorize a person to perform venipuncture or to administer contrast materials. (f) Nothing in this section shall be construed to authorize a radiologic technologist to perform arterial puncture, any central venous access procedures including repositioning of previously placed central venous catheter except as specified in paragraph (1) of subdivision (a), or cutdowns, or establish an intravenous line. (g) This section shall not be construed to apply to a person who is currently certified as meeting the standards of competence in nuclear medicine technology pursuant to Article 6 (commencing with Section 107150), except as provided in subparagraph (B) of paragraph (2) of subdivision (a). (h) Radiologic technologists who met the training and education requirements of subdivision (d) prior to January 1, 2013, need not repeat those requirements, or perform the venipunctures specified in paragraph (3) of subdivision (a), provided the facility documents that the radiologic technologist is competent to perform the tasks specified in paragraph (1) of subdivision (a). (i) (1) (A) Except as provided in paragraph (2), the facility shall have safety protocols and personnel onsite who have the appropriate license to respond to adverse events at the physician’s direction. (B) The onsite personnel described in subparagraph (A) shall be licensed or certified as a physician and surgeon, registered nurse, nurse practitioner, clinical nurse specialist, or physician assistant. (2) A facility allowing only direct supervision as defined in subparagraph (A) of paragraph (1) of subdivision (c) need only have safety protocols. (Amended by Stats. 2025, Ch. 435, Sec. 1. (AB 460) Effective January 1, 2026.)
  139. 106990.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Only certified radiologic technologists may use the title CRT, and the department may set and limit titles for permit holders.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106990. A radiologic technologist certified pursuant to subdivision (b) of Section 114870 may use the title, certified radiologic technologist (CRT). No other person shall use the designation. The department may prescribe appropriate titles for use by categories of persons granted permits pursuant to subdivision (c) of Section 114870 and may limit the use of the titles. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  140. 106995.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must set minimum qualification and continuing-education standards for radiologic technology permits and certificates, allow applicants to use either an ITIN or SSN to apply or renew, and may not require or rely solely on citizenship or immigration status to deny certification.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 106995. (a) The department shall prescribe minimum qualifications for granting of permits and certificates in radiologic technology in any classification, as well as continuing education requirements for holders of these permits and certificates in order to protect the public health and safety. (b) (1) No later than July 1, 2019, the department shall permit an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for a certificate or the renewal of a certificate. (2) If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individual’s taxpayer identification number or social security number to an examination or certifying entity, only for the purpose of verification of certification or examination status. (3) The individual taxpayer identification or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (4) The department shall not do either of the following: (A) Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate. (B) Deny certification to an applicant based solely on his or her citizenship status or immigration status. (Amended by Stats. 2018, Ch. 838, Sec. 13. (SB 695) Effective January 1, 2019.)
  141. 107000.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Applicants for radiologic technologist certification must show the department they completed an approved course, or an equivalent course the department accepts.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107000. Except as provided in Sections 107035, 107040, or 25685, and in addition to the requirements as may be prescribed pursuant to Section 106995, each applicant for certification as a radiologic technologist pursuant to subdivision (b) of Section 114870 shall submit evidence satisfactory to the department that he or she has satisfactorily completed a course in an approved school for radiologic technologists, or has completed a course of study and training in radiologic technology that in the opinion of the department is equivalent to the minimum requirements of a course in an approved school for radiologic technologists. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  142. 107005.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    An applicant must pass a department-approved written examination to be certified as a radiologic technologist, unless Section 107035 applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107005. Except as provided in Section 107035, in order to be certified as a radiologic technologist pursuant to subdivision (b) of Section 114870, an applicant shall pass a written examination approved by the department and administered by the department or by the other agency or organization designated by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  143. 107010.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may accept another agency’s or organization’s certificate instead of its own examination for radiologic technologists if the certificate was based on qualifications and an exam the department considers reasonably equivalent.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107010. The department may accept in lieu of its own examination a certificate of another agency or organization that certifies radiologic technologists, provided the certificate was issued on the basis of qualifications and an examination deemed by the department to be reasonably equivalent to the standards established by the department. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  144. 107015.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must certify an applicant as a radiologic technologist if the applicant meets the Radiologic Technology Act requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107015. The department shall certify as a radiologic technologist any applicant who meets the requirements of the Radiologic Technology Act (Section 27). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  145. 107020.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may issue a temporary radiologic technology permit to an eligible applicant awaiting examination.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107020. The department may issue a permit authorizing the temporary practice of radiologic technology to any applicant for certification who has complied with the experience and education requirements of Section 107000 and is awaiting examination. A permit shall convey the same rights as a certificate for the period for which it is issued in the classification for which the applicant is eligible, and shall be valid until 90 days after the date of the next examination held pursuant to Section 107025, except that if the applicant does not take the examination the permit shall expire on the date of the examination. (Amended by Stats. 1997, Ch. 97, Sec. 2. Effective July 21, 1997.)
  146. 107025.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must hold at least one certification examination each year for applicants, and it may तयermine the times and places.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107025. The department shall hold at least one examination each year, for applicants for certification, at the times and places as the department may determine. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  147. 107030.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must publish a notice of each examination at least two months before the examination date.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107030. Not less than two months prior to the date of each examination, the department shall cause a notice thereof to be published in two or more newspapers of general circulation, and at least one radiologic technologist magazine, all of which are published within the state. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  148. 107035.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Department officers, employees, or designated agents may enter private or public property at reasonable times to inspect for compliance with the Radiologic Technology Act or related regulations, and the property’s owner or person in charge must allow it.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107035. Any officer, employee, or designated agent of the department may enter at all reasonable times upon any private or public property for the purpose of inspecting and determining whether or not there is compliance with or violation of the Radiologic Technology Act (Section 27), or of the regulations adopted pursuant thereto, and the owner, occupant, or person in charge of the property shall permit the entry and inspection. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  149. 107040.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    If the department thinks someone is violating, or about to violate, the Radiologic Technology Act or related rules, it may ask the Attorney General to go to superior court for an injunction or compliance order.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107040. Whenever, in the judgment of the department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute a violation of any provision of the Radiologic Technology Act (Section 27), or any rule, regulation, or order issued thereunder, and at the request of the department, the Attorney General may make application to the superior court for an order enjoining these acts or practices, or for an order directing compliance, and upon a showing by the department that the person has engaged in or is about to engage in any acts or practices, a temporary or permanent injunction, restraining order, or other order may be granted. (Amended by Stats. 2006, Ch. 538, Sec. 419. Effective January 1, 2007.)
  150. 107045.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department must approve radiologic technologist schools that it finds will prepare students for certification, and it must set reasonable standards, approval procedures, and revocation rules when standards are not maintained.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107045. (a) The department shall approve schools for radiologic technologists that, in the judgment of the department, will provide instruction adequate to prepare individuals to meet requirements for certification as radiologic technologists under the Radiologic Technology Act (Section 27). (b) The department shall provide for reasonable standards for approved schools, for procedures for obtaining and maintaining approval, and for revocation of approval where standards are not maintained. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  151. 107050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    When approving a school for radiologic technologists, the department may consider other agencies’ or organizations’ accreditation, approval, or certification if it meets the same public-protection standards.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107050. When approving a school for radiologic technologists, the department may take into consideration accreditation, approval, or certification of the school by other agencies or organizations if the department finds that accreditation, approval, or certification was granted on the basis of standards that will afford the same protection to the public as the standards provided by the Radiologic Technology Act (Section 27) or the regulations adopted pursuant thereto. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  152. 107055.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may inspect radiologic technologist schools before approval and whenever it considers necessary, and may require reports from schools.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107055. The department may inspect schools for radiologic technologists prior to approval and at other times as it deems necessary to determine that the purposes of the Radiologic Technology Act (Section 27) are being met, and may require any reports from schools as it deems necessary to carry out the purposes of the Radiologic Technology Act (Section 27). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  153. 107060.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may enter into an agreement with another state agency to help approve and maintain approval of schools for radiologic technologists.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107060. The department may enter into an agreement with another state agency to perform all or part of the functions necessary in order to approve and maintain approval of schools for radiologic technologists. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  154. 107065.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Holders of certificates or permits under the Radiologic Technology Act may be disciplined under Section 107070.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107065. Every holder of a certificate or a permit issued pursuant to the Radiologic Technology Act (Section 27) may be disciplined as provided in Section 107070. The proceedings under Section 107070 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all of the powers granted therein. (Amended by Stats. 2023, Ch. 42, Sec. 39. (AB 118) Effective July 10, 2023.)
  155. 107070.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may deny, revoke, or suspend certificates and permits for any of the listed reasons.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107070. Certificates and permits may be denied, revoked, or suspended by the department, for any of the following reasons: (a) Use of a controlled substance as defined in Division 10 (commencing with Section 11000), a dangerous drug, as defined in Section 4022 of the Business and Professions Code, or alcoholic beverages to an extent or in a manner dangerous or injurious to the certified or permitted individual, any other person, or the public or that would impair the ability to conduct, with safety to the public, the practice authorized by a certificate or permit, or more than one misdemeanor or a felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof. (b) Unprofessional conduct, including, but not limited to, incompetence or gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others. (c) Conviction of practicing one of the healing arts without a license in violation of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (d) Knowingly making or signing a document relating to the practice of radiologic technology that falsely represents the existence or nonexistence of a state of facts. (e) Making or giving a false statement or information in conjunction with the application for issuance of a certificate or permit and examination application. (f) Impersonating an applicant, or acting as proxy for an applicant, in any examination required under the Radiologic Technology Act (Section 27) for the issuance of a certificate or permit. (g) Impersonating another certified or permitted individual, or permitting or allowing another person to use a certificate or permit, for the purpose of providing radiologic technology services. (h) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision or term of the Radiologic Technology Act (Section 27), Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104, or the Radiation Control Law (commencing with Section 114960), or regulations adopted pursuant to those provisions. (i) Conviction of a crime substantially related to the qualifications, functions, and duties of a radiologic technologist, holder of a limited permit, or a certified supervisor or operator if the department determines that the applicant or certificate or permitholder has not adequately demonstrated that they have been rehabilitated and will present a threat to the health, safety, or welfare of patients. In determining whether or not to deny, suspend, or revoke an application for certification or permitting or renewal, the department shall take into consideration the following factors as evidence of good character and rehabilitation: (1) The nature and seriousness of the conduct or crime under consideration and its relationship to the person’s employment duties and responsibilities. (2) Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior. (3) The period of time that has elapsed since the commission of the conduct or offense referred to in this subdivision and the number of offenses. (4) The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person. (5) Any rehabilitation evidence, including character references, submitted by the person. (6) Employment history and current employer recommendations. (7) Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition. (8) An order from a superior court pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code. (9) The granting by the Governor of a full and unconditional pardon. (10) A certificate of rehabilitation from a superior court. (j) Procuring a certificate or permit by fraud or misrepresentation or because of mistake. (k) Use of a designation implying certification as a radiologic technologist by one not so certified, holding a limited permit by one not so permitted, or authorization as a certified supervisor or operator by one not so authorized. (l) Willfully preventing, interfering with, or attempting to impede in any way the work of a duly authorized representative of the department or a local officer or agency authorized to enforce the Radiologic Technology Act (Section 27) or the Radiation Control Law (commencing with Section 114960) during the course of the representative’s or officer’s lawful enforcement of a provision of the Radiologic Technology Act (Section 27), the Radiation Control Law, or the rules and regulations adopted pursuant to those provisions. (m) Nonpayment of fees prescribed in accordance with Section 107080. (n) Loss of certification from another organization on which the department’s issuance was based, if that loss was for cause. (Repealed and added by Stats. 2023, Ch. 42, Sec. 41. (AB 118) Effective July 10, 2023.)
  156. 107075.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    A person or entity that violates certain Radiologic Technology Act provisions or department regulations can be guilty of a misdemeanor and face a fine, jail, or both; intentional or grossly negligent violations causing substantial danger can also trigger a civil penalty.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107075. (a) A person or entity that violates or aids or abets the violation of any of the provisions of the Radiologic Technology Act (Section 27) or regulation of the department adopted pursuant to that act is guilty of a misdemeanor and shall be punished by a fine not to exceed five thousand dollars ($5,000) per day, per offense or by imprisonment in the county jail not to exceed 180 days, or by both the fine and imprisonment. (b) (1) A person or entity that intentionally or through gross negligence violates a provision of the Radiologic Technology Act (Section 27) or a regulation adopted pursuant to that act, or who fails or refuses to comply with a cease and desist order or other order of the department issued thereunder, and the action causes a substantial danger to the health of others, shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) per day, per offense. (2) The remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. (Amended by Stats. 2023, Ch. 42, Sec. 42. (AB 118) Effective July 10, 2023.)
  157. 107080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department sets several Radiologic Technology Act fees, including application, examination, and annual renewal fees, and some fixed fees apply for late renewals and duplicate certificates or permits.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107080. (a) The application fee for any certificate or permit issued pursuant to the Radiologic Technology Act (Section 27) shall be established by the department in an amount as it deems reasonably necessary to carry out the purpose of that act. (b) The fee for any examination conducted pursuant to the Radiologic Technology Act (Section 27) after failure of that examination within the previous 12 months shall be fixed by the department in an amount it deems reasonably necessary to carry out that act. (c) The annual renewal fee for each certificate or permit shall be fixed by the department in an amount it deems reasonably necessary to carry out the Radiologic Technology Act (Section 27). (d) The penalty fee for renewal of any certificate or permit if application is made after its date of expiration shall be five dollars ($5) and shall be in addition to the fee for renewal prescribed by subdivision (c). (e) The fee for a duplicate certificate or permit shall be one dollar ($1). (f) No fee shall be required for a certificate or permit or a renewal thereof except as prescribed in the Radiologic Technology Act (Section 27). (Amended by Stats. 2006, Ch. 74, Sec. 33. Effective July 12, 2006.)
  158. 107085.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Missing renewal payment can automatically suspend a certificate or permit, lead to revocation after six months, and eventually cancel it if reinstatement is not sought in time.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107085. Failure to pay the annual fee for renewal on or before the expiration date of the certificate or permit shall automatically suspend the certificate or permit. If the prescribed fee is not paid within six months following the date, the certificate or permit shall be revoked. A certificate or permit revoked for nonpayment of the renewal fee may be reinstated within five years from the time of revocation upon payment of the penalty fee plus twice the annual renewal fee. If the application for reinstatement is not made within five years from the date of suspension of the certificate or permit, the certificate or permit shall be canceled and shall not be subject to reinstatement. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  159. 107090.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may set a fee schedule for certain permits if the fee revenue is tied to the costs of administering the Radiologic Technology Act.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107090. The department may establish a schedule of fees for permits issued pursuant to subdivisions (c) and (e) of Section 114870, and Sections 114885 and 107115, if the revenue from the fees is related to the costs of administering the Radiologic Technology Act (Section 27). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  160. 107095.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    The department may set a fee schedule for radiologic technologist school approvals, and certain schools must pay those fees.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107095. The department may establish a schedule of fees to be paid by schools applying for approval as approved schools for radiologic technologists and, on an annual basis, by schools that are included on the department’s list of approved schools for radiologic technologists. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  161. 107100.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    Fees payable under the Radiologic Technology Act must be collected by and paid to the department for deposit into the Radiation Control Fund.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107100. (a) All fees payable under the Radiologic Technology Act (Section 27) shall be collected by and paid to the department for deposit into the Radiation Control Fund established pursuant to Section 114980. (b) This section shall become operative on July 1, 1993. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  162. 107110.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section generally forbids licentiates of the healing arts from using certain x-rays on human beings unless they are properly certified and acting within that certification. It also lets the department issue a one-time temporary fluoroscopy permit, sets a $58 fee, and limits the permit to up to 12 months.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107110. (a) It shall be unlawful for any licentiate of the healing arts to administer or use diagnostic, mammographic, or therapeutic x-ray on human beings in this state, unless that person is certified pursuant to subdivision (e) of Section 114870, Section 114872, or Section 114885, and is acting within the scope of that certification. (b) (1) Notwithstanding subdivision (a), the department may issue a physician and surgeon or a doctor of podiatric medicine a one-time, temporary permit authorizing them to operate, or supervise the operation of, fluoroscopic x-ray equipment if the physician and surgeon or the doctor of podiatric medicine holds a valid, unrestricted California license as a physician and surgeon or a doctor of podiatric medicine, has submitted an application for a fluoroscopy permit, attests under penalty of perjury of having at least 40 hours of experience using fluoroscopic x-ray equipment while not subject to the Radiologic Technology Act (Section 27), and has submitted the application fee specified in paragraph (3). (2) A temporary permit issued pursuant to paragraph (1) shall convey the same rights as a fluoroscopy permit for the period for which it is issued, in the classification for which the physician and surgeon or the doctor of podiatric medicine is eligible, and shall be valid for up to 12 months from the date of issue. The department shall not renew a temporary permit, and each applicant may receive a temporary permit one time only. (3) The fee required by paragraph (1) shall be fifty-eight dollars ($58). The department may revise this fee, so long as the fee charged under this paragraph does not exceed the department’s reasonable costs in administering the temporary permit program, and in no case exceeds the amount of the fee for the permit to operate, or supervise the operation of, fluoroscopic x-ray equipment. (4) A temporary permit issued under this subdivision is subject to Section 107070. (Amended by Stats. 2021, Ch. 459, Sec. 1. (AB 356) Effective January 1, 2022.)
  163. 107111.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. )

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    A qualified licentiate of the healing arts certified in radiology by a department-recognized examining board must be granted a certificate to supervise and operate X-ray machines without restrictions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5. Radiological Technologists [106955 - 107111] ( Article 5 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107111. A licentiate of the healing arts who is certified by an examining board in radiology recognized by the department shall be granted a certificate to supervise the operation of X-ray machines and to operate X-ray machines without restrictions. (Added by renumbering Section 107115 by Stats. 1997, Ch. 97, Sec. 3. Effective July 21, 1997.)
  164. 107115.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5.5. Radiologic and Nuclear Technology On-the-job Training [107115- 107115.] ( Article 5.5 added by Stats. 2008, Ch. 238, Sec. 2. )

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    A person must register with the department and get an acknowledgment before starting this on-the-job training.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 5.5. Radiologic and Nuclear Technology On-the-job Training [107115- 107115.] ( Article 5.5 added by Stats. 2008, Ch. 238, Sec. 2. ) ## 107115. (a) A person seeking to participate in on-the-job training for purposes of paragraph (1) of subdivision (a) of Section 106976, or clause (i) of subparagraph (A) of paragraph (4) of subdivision (d) of Section 107155, shall, prior to his or her participation, do both of the following: (1) Register with the department by submitting an application in accordance with subdivision (b). (2) Obtain a receipt of acknowledgment, as described in subdivision (c). (b) The application shall contain all of the following information: (1) The applicant’s legal name, mailing address, and telephone number. (2) A statement identifying whether the on-the-job training will be performed to meet the requirements of the American Registry of Radiologic Technologists pursuant to paragraph (1) of subdivision (a) of Section 106976, or to meet the requirements of the Nuclear Medicine Technology Certification Board pursuant to clause (i) of subparagraph (A) of paragraph (4) of subdivision (d) of Section 107155. (3) For those applicants seeking to meet the requirements of paragraph (1) of subdivision (a) of Section 106976, the certificate number as shown on the applicant’s Nuclear Medicine Technology Certificate (NMTC) issued by the department pursuant to Article 6 (commencing with Section 107150). (4) For those applicants seeking to meet the requirements of clause (i) of subparagraph (A) of paragraph (4) of subdivision (d) of Section 107155, the certificate number as shown on the applicant’s Radiologic Technology Certificate (RTC) issued by the department pursuant to Article 5 (commencing with Section 106955). (5) A letter from each facility where the applicant will perform the activities described in Section 106976 or 107155, as applicable. The letter shall be on facility letterhead that identifies the facility and its mailing and physical addresses, and shall include all of the following information: (A) The license number as shown on the facility’s specific license issued pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9). (B) Identification of the applicant within the letter and a statement that the individual is approved to perform activities in the facility to meet the clinical competencies required by the organizations identified in Section 106976 or 107155, as applicable. (C) The name, signature, and date of signature of the person providing supervision pursuant to paragraph (2) of subdivision (a) of Section 106976 or clause (ii) of subparagraph (A) of paragraph (4) of subdivision (d) of Section 107155. (6) The signature of the applicant. (7) (A) A fee that is equal to the fee established pursuant to Section 107080 to obtain an RTC, provided that the amount of the fee shall not exceed the reasonable cost of administering this section. (B) All moneys collected pursuant to subparagraph (A) shall be deposited in the Radiation Control Fund established pursuant to Section 114980, and used for the purpose described in that section. (c) (1) Upon receipt of the information and the fee described in subdivision (a), the individual shall be deemed registered, and the department shall issue to the individual an acknowledgment of registration. (2) The registration shall be valid for a period of 24 consecutive months and is not renewable, except as provided in paragraph (3). (3) (A) If the individual fails to obtain a valid computerized tomography certificate issued by the American Registry of Radiologic Technologists or positron emission tomography certificate issued by the Nuclear Medicine Technology Certification Board, as applicable, within the validity period of the registration, the individual may reapply for a one-time six-month extension by resubmitting the application described in subdivision (b). If the individual fails to obtain the appropriate certificate during the extended six-month period, the individual shall immediately cease activities. (B) The department may reauthorize the individual to resume activities upon the department’s approval of an action plan submitted by the individual. The action plan shall detail the reasons why the certificate was not obtained, how much of the required competencies have been completed, and what actions will be taken to complete the particular competencies and obtain the certificate. Reauthorization shall not exceed six months. (d) A violation of this section is a misdemeanor pursuant to Sections 107075 or 107170, as applicable, and a violator is subject to discipline pursuant to Section 107065, 107070, or 107165, as applicable. (Amended by Stats. 2009, Ch. 140, Sec. 119. (AB 1164) Effective January 1, 2010.)
  165. 107150.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “nuclear medicine technology” and describes the supervised activities it includes.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107150. “Nuclear medicine technology” means that technology applied under the supervision of a physician and surgeon or a licensed clinical bioanalyst, when performing in vitro procedures, that pertains to the utilization of radiopharmaceuticals for the diagnosis and treatment of disease in humans and includes: (1) the standardization of radiopharmaceutical dosages prior to administering the preparation of radiopharmaceutical agents in accordance with department regulations, (2) the administration of radiopharmaceuticals in accordance with statute or regulation, and (3) the calibration and use of radiation detection instruments and equipment to obtain clinical information. Nuclear medicine technology includes in vitro tests performed in a licensed clinical laboratory that use a radioactive marker substance not administered to human subjects and in vivo nuclear medicine procedures that involve administration of a radioactive marker substance to humans. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  166. 107155.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Most people performing nuclear medicine technology must meet department competence standards; certain in vitro radioactive procedures must be done in a licensed clinical laboratory, and some listed persons are exempt.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107155. (a) Any person not currently licensed as a physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or as a clinical laboratory technologist, bioanalyst, or clinical chemist pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code, who performs nuclear medicine technology shall be subject to the standards of competence established by the department pursuant to this article. (b) Nothing in this article shall be construed to limit the existing authority of, or scope of practice of, a physician and surgeon, clinical laboratory technologist, bioanalyst, or clinical chemist granted pursuant to their licenses, or to further require persons to establish competence to perform in vitro tests. (c) In vitro procedures using radioactive materials shall be performed in a licensed clinical laboratory. (d) This article shall not apply to any of the following persons: (1) Any person employed by an agency of the United States government, while performing the duties of the employment. (2) A licensed clinical laboratory technologist who administers a radioactive marker test substance to a human subject to perform a measurement on a sample containing the radioactive marker test substance that has been removed from the subject. (3) A registered pharmacist who handles radioactive drugs in accordance with the California State Board of Pharmacy regulations contained in the most recent version of Sections 1708.3 to 1708.8, inclusive, of Article 2 of Chapter 17 of Title 16 of the California Code of Regulations. (4) (A) A person who holds a current, valid certificate in diagnostic radiologic technology pursuant to subdivision (b) of Section 114870 may perform a positron emission tomography scan only on a dual mode machine on which both a positron emission tomography scan and a computerized tomography scan may be performed if both of the following conditions are met: (i) The person holds a current, valid certificate in positron emission tomography issued by the Nuclear Medicine Technology Certification Board, or a similarly recognized organization, has registered with the department pursuant to Section 106977 as participating in on-the-job training to meet clinical competencies required by the Nuclear Medicine Technology Certification Board, or a similarly recognized organization, and is under the direct supervision of a person who currently meets the standards of competence for the performance of nuclear medicine technology, or complies with the regulations issued by the department governing students of nuclear medicine technology in order to obtain a current, valid certificate in positron emission tomography issued by the Nuclear Medicine Technology Certification Board. (ii) The person is under the supervision of a person who is an authorized user identified on a specific license authorizing medical use of radioactive materials pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9). (B) A violation of this paragraph is a misdemeanor pursuant to Section 107075 and a violator is subject to discipline pursuant to Sections 107065 and 107070. (Amended by Stats. 2008, Ch. 238, Sec. 3. Effective January 1, 2009.)
  167. 107160.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must set a fee schedule by regulation for people applying to show competence in nuclear medicine technology.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107160. (a) The department shall provide by regulation a schedule of fees that shall be paid by persons applying to establish their competence to perform nuclear medicine technology. The revenue derived from the fees shall be sufficient to cover all costs incurred in the administration of this article. (b) The fees paid by applicants shall be adjusted annually, pursuant to Section 100425, and the adjusted fee amounts shall be rounded off to the nearest whole dollar. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  168. 107165.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department may deny, revoke, or suspend a person’s competence to perform nuclear medicine technology for listed reasons, and related proceedings follow Government Code Chapter 5.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107165. (a) The establishment of a person as competent to perform nuclear medicine technology may be denied, revoked, or suspended by the department, for any of the following reasons: (1) Use of a controlled substance as defined in Division 10 (commencing with Section 11000), a dangerous drug, as defined in Section 4022 of the Business and Professions Code, or alcoholic beverages to an extent or in a manner dangerous or injurious to the certified or permitted individual, any other person, or the public or that would impair the ability to conduct, with safety to the public, the practice of nuclear medicine technology, or more than one misdemeanor or a felony involving the use, consumption, or self-administration of any of the substances referred to in this subdivision, or any combination thereof. (2) Unprofessional conduct, including, but not limited to, incompetence or gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others. (3) Conviction of practicing one of the healing arts without a license in violation of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (4) Knowingly making or signing a document relating to the practice of nuclear medicine technology that falsely represents the existence or nonexistence of a state of facts. (5) Making or giving a false statement or information in conjunction with the application for establishment of competence to perform nuclear medicine technology and examination application. (6) Impersonating an applicant, or acting as proxy for an applicant, in any examination required under this article for the establishment of competence to perform nuclear medicine technology. (7) Impersonating another individual who has established competence to perform nuclear medicine technology under this article or permitting or allowing another person to use that establishment for the purpose of performing nuclear medicine technology. (8) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violating of, or conspiring to violate any provision or term of this article, the Radiologic Technology Act (Section 27), or the Radiation Control Law (commencing with Section 114960), or regulations adopted pursuant to those provisions. (9) Conviction of a crime substantially related to the qualifications, functions, and duties of a nuclear medicine technologist, if the department determines that the applicant or individual who has established competence to perform nuclear medicine technology has not adequately demonstrated that they have been rehabilitated, and will present a threat to the health, safety, or welfare of patients. In determining whether or not to deny, suspend, or revoke establishment of competence or renewal of such establishment, the department shall take into consideration the following factors as evidence of good character and rehabilitation: (A) The nature and seriousness of the conduct or crime under consideration and its relationship to their employment duties and responsibilities. (B) Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior. (C) The period of time that has elapsed since the commission of the conduct or offense referred to in this subdivision and the number of offenses. (D) The extent to which the person has complied with any terms of parole, probation, restitution, or any other sanction lawfully imposed against the person. (E) Any rehabilitation evidence, including character references, submitted by the person. (F) Employment history and current employer recommendations. (G) Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition. (H) An order from a superior court pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code. (I) The granting by the Governor of a full and unconditional pardon. (J) A certificate of rehabilitation from a superior court. (10) Establishment of competence to perform nuclear medicine technology by fraud or misrepresentation or because of mistake. (11) Use of a designation implying one has established with the department competence to perform nuclear medicine technology by one who has not so established competence. (12) Willfully preventing, interfering with, or attempting to impede in any way the work of a duly authorized representative of the department or a local officer or agency authorized to enforce this article, the Radiologic Technology Act (Section 27), or the Radiation Control Law (commencing with Section 114960) during the course of that representative’s or officer’s lawful enforcement of any provision of this article, the Radiologic Technology Act (Section 27), the Radiation Control Law, or the rules and regulations adopted pursuant to those provisions. (13) Nonpayment of fees prescribed in accordance with Section 107160. (14) Loss of certification from another organization on which the department’s issuance was based on, if that loss was for cause. (b) The proceedings for denial, revocation, or suspension pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all of the powers granted therein. (Repealed and added by Stats. 2023, Ch. 42, Sec. 44. (AB 118) Effective July 10, 2023.)
  169. 107170.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    Violations of this article or related regulations can be a misdemeanor or trigger a civil penalty, with fines and possible jail time.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107170. (a) A person or entity that violates, or aids or abets the violation of, this article or a regulation adopted pursuant to this article shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five thousand dollars ($5,000) per day, per offense or by imprisonment in the county jail not to exceed 180 days, or by both the fine and imprisonment. (b) A person or entity who intentionally or through gross negligence violates a provision of this article or regulation adopted pursuant to this article, or who fails or refuses to comply with a cease and desist order or other order of the department issued thereunder, and the action causes a substantial danger to the health of others, shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) per day, per offense. (c) The remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. (Repealed and added by Stats. 2023, Ch. 42, Sec. 46. (AB 118) Effective July 10, 2023.)
  170. 107175.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. )

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    The department must enforce this article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 1. ENVIRONMENTAL HEALTH PERSONNEL [106500 - 107175] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. Professional Certification [106600 - 107175] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 6. Nuclear Medicine Technology [107150 - 107175] ( Article 6 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 107175. The department shall enforce this article. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  171. 107250.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 2. ENVIRONMENTAL PLANNING [107250- 107250.] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Air Quality Health Planning [107250- 107250.] ( Chapter 1 added by Stats. 2021, Ch. 412, Sec. 3. )

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    The State Department of Public Health must create an air-quality response plan for counties, including guidance, public information, stakeholder consultation, and distribution deadlines.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 2. ENVIRONMENTAL PLANNING [107250- 107250.] ( Part 2 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 1. Air Quality Health Planning [107250- 107250.] ( Chapter 1 added by Stats. 2021, Ch. 412, Sec. 3. ) ## 107250. (a) The State Department of Public Health shall develop a plan with recommendations and guidelines for counties to use in the case of a significant air quality event caused by wildfires or other sources. The plan shall address all of the following: (1) Establishing policies and procedures that address respiratory protection and other protective equipment and devices, including, but not limited to, all of the following: (A) Whether to make respiratory protection and other protective equipment and devices available to county residents. (B) Whether to have stockpiles of respiratory protection and other protective equipment and devices available for distribution. (C) Where to obtain respiratory protection and other protective equipment and devices, if stockpiling. (D) How to distribute respiratory protection and other protective equipment and devices, if stockpiling. (E) How to educate the public on when to use respiratory protection and other protective equipment and devices. (F) Educating the public on keeping respiratory protection and other protective equipment in their homes, offices, and cars. (2) Making available respiratory protection and other protective equipment and devices to residents that are sensitive receptors and are at risk of serious illness or complications resulting from inhaling highly polluted air from a significant air quality event caused by wildfires or other sources. (3) Providing information to residents on what they should do if the air quality index hits a significant threshold. (4) Providing information to residents regarding the health impacts of inhaling air pollution during a significant air quality event caused by wildfires or other sources. (5) Developing prevention strategies to assist residents in avoiding inhalation of air pollutants. (6) Disseminating the information in this subdivision to the public. (b) The recommendations in the plan developed pursuant to subdivision (a) shall include guidance about how a county, including a city and county, informs its residents about all of the following: (1) Unhealthy air quality. (2) The Air Quality Index. (3) The effect of air pollution on an individual’s health, including the symptoms someone may experience and where to go for medical assistance. (4) Where an individual can obtain respiratory protection and other protective equipment. (5) How and when to use respiratory protection and other protective equipment. (6) How and when an individual needing oxygen or respiratory medications can obtain oxygen or respiratory medications. (7) How to protect children, seniors, the disabled, the homebound, the homeless, those working outdoors, tourists, visitors, non-English speakers, and any others who may have difficulty obtaining or using masks or other protective equipment without assistance. (8) Any other information that is useful for an individual to protect their health, and the health of their loved ones, in the case of significantly poor air quality caused by wildfires or other sources. (c) The plan developed pursuant to subdivision (a) shall also include best practices and recommended protocols for reaching out to inform the general public about the recommendations and guidelines and shall include best practices and recommended protocols for reaching out specifically to vulnerable populations, such as the homeless, elderly, disabled, and homebound. (d) The department shall develop the plan, pursuant to subdivision (a), in consultation with key stakeholders, including, but not limited to, representatives of all of the following: (1) Governor’s Office of Emergency Services. (2) State Air Resources Board. (3) Governor’s Office of Planning and Research. (4) California Department of Aging. (5) State Department of Developmental Services. (6) Office of Environmental Health Hazard Assessment. (7) Medical professionals focused on respiratory health, pulmonology, pediatrics, and emergency medicine. (8) Small and large air pollution districts. (9) Counties. (10) Cities. (11) Hospitals. (12) Business organizations. (13) Nonprofit organizations involved in respiratory health. (14) Nonprofit organizations working on behalf of issues for individuals with disabilities. (15) Nonprofit organizations working on behalf of issues for the homeless. (16) Nonprofit organizations working on behalf of issues for seniors. (e) The plan developed pursuant to subdivision (a) shall be completed on or before June 30, 2027. (1) Within seven days of the plan’s completion, the plan shall be posted on the department’s internet website. (2) Within 14 days of the plan’s completion, the plan shall be distributed to all of the following: (A) The chair of the board of supervisors and chief executive of each county, including a city and county. (B) The director and public health officer for each local health department, as defined in Section 101185. (C) The director of the office of emergency services for each county, including a city and county. (D) The Director of the California Governor’s Office of Emergency Services. (E) The chair of the Assembly Committee on Health and the chair of the Senate Committee on Health. (F) The air pollution control officer for each air district. (G) Each of the stakeholders consulted pursuant to subdivision (d). (f) The department shall post a copy of each county-specific plan or regional multicounty plan developed pursuant to Section 8593.25 of the Government Code after a plan is adopted by each county, including a city and county, within 14 days of receiving each plan. (g) The plan developed pursuant to subdivision (a) shall supplement any resources developed by the department, on or before the effective date of this section, for counties to use in the case of a significant air quality event caused by wildfires or other sources. (h) For purposes of this chapter, “a significant air quality event” is defined as the period of time in which the duration of exposure and the level of particulate matter, or other indicators of air quality, are likely to result in negative health impacts. (Amended by Stats. 2025, Ch. 537, Sec. 2. (AB 1003) Effective January 1, 2026.)
  172. 108040.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. )

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    This chapter is named the Product Recall Safety and Protection Act and may be cited by that name.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. ) ## 108040. This chapter shall be known, and may be cited, as the Product Recall Safety and Protection Act. (Added by Stats. 2008, Ch. 569, Sec. 2. Effective January 1, 2009.)
  173. 108042.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. )

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    This section defines key terms used in the chapter on product recall safety and protection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. ) ## 108042. As used in this chapter, the following terms have the following meanings: (a) “Commercial dealer” means any person who deals in products or who otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing into the stream of commerce, a product. (b) “Distributor” and “wholesaler” means any person, other than a manufacturer or retailer, who sells or resells, or otherwise places into the stream of commerce, a product. (c) “End consumer” means a person who purchases a product for any purpose other than resale. (d) “First seller” means any retailer selling a product that has not been used or has not previously been owned. A first seller does not include an entity such as a secondhand retail dealer, thrift shop, resale store, or any other establishment or individual, agent, or employee thereof that sells, distributes, rents, or leases products of any kind. (e) “Importer” means any person who brings into this country, and places into the stream of commerce, a product. (f) “Manufacturer” means any person who makes, and places into the stream of commerce, a product. (g) “Person” means a natural person, firm, corporation, limited liability company, or association, or an employee or agent thereof. (h) “Product” means any article, or component part thereof, produced or distributed (1) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (2) for personal use, consumption, or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise. “Product” does not include food, drugs, cosmetics, pesticides (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.)), medical devices, firearms and ammunition, boats, motor vehicles, motor vehicle equipment, aircraft, or tobacco and tobacco products. (i) “Recall” means any repair, replacement, or refund program implemented in accordance with the federal Consumer Product Safety Act (15 U.S.C. Sec. 2051 et seq.) upon the determination of commission staff that a consumer product violates a commission statute or regulation, and notification to the product manufacturer, importer, distributor, or retailer that corrective action to address the violation is warranted. “Recall” includes a voluntary recall where a product is returned to the manufacturer for repair or replacement, usually due to defects or safety concerns, or public notice that a product is defective and must be returned to the manufacturer or retailer. (j) “Retailer” means any person other than a manufacturer, distributor, or wholesaler who sells, distributes, sublets, or leases consumer goods of any kind. (k) “Sell” or “sale” means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means. (Added by Stats. 2008, Ch. 569, Sec. 2. Effective January 1, 2009.)
  174. 108044.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. )

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    Certain sellers may not place a known unsafe product into commerce, and retrofitted recalled products can be sold only with the required safety notice unless an exception applies.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. ) ## 108044. (a) No commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer shall manufacture, remanufacture, distribute, sell at wholesale or retail, contract to sell or resell, lease, or sublet, or otherwise place into the stream of commerce, a product that is unsafe, as defined in subdivision (b), knowing that the product is unsafe. (b) A product shall be deemed unsafe for purposes of this chapter only if it meets one or both of the following criteria: (1) The product has been recalled because it does not conform to state or federal laws and regulations setting forth standards for the product. (2) The product has been recalled for any safety hazard reason in cooperation with the federal Consumer Product Safety Commission or its staff, or voluntarily recalled for any safety hazard reason by the product’s commercial dealer, manufacturer, importer, distributor, or wholesaler, and the recall has not been rescinded. (c) (1) An unsafe product, as determined pursuant to subdivision (b), may be retrofitted if the retrofit has been approved by the agency issuing the recall or warning, or the agency responsible for approving the retrofit if it is different from the agency issuing the recall or warning. (2) A retrofitted product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use. The notice shall include all of the following: (A) A description of the original problem that made the recalled product unsafe. (B) A description of the retrofit that explains how the original problem was eliminated and declaring that it is now safe to use. (C) The name and address of the commercial dealer, manufacturer, importer, distributor, or wholesaler who accomplished the retrofit, certifying that the work was done, along with the name and model number of the product retrofitted. (3) The commercial dealer, manufacturer, importer, distributor, or wholesaler is responsible for ensuring that the notice described in paragraph (2) is present with the retrofitted product at the time of sale. This paragraph and paragraph (2) shall not apply, and the product may be sold, if either subparagraph (A) or (B) applies: (A) The retrofit meets all of the following: (i) The product requires assembly by the consumer. (ii) The retrofit kit is provided with the product by the commercial dealer, manufacturer, importer, distributor, or wholesaler. (iii) The retrofit kit is accompanied at the time of sale by instructions explaining how to apply the retrofit. (B) The seller of a previously unsold product or the entity to whom unsold products had been returned under the terms of the recall accomplishes the approved or recommended repair prior to sale. (Added by Stats. 2008, Ch. 569, Sec. 2. Effective January 1, 2009.)
  175. 108046.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. )

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    Businesses that sold an unsafe recalled product must quickly notify customers and, if they have a website, post recall information online; retailers must also pull the product from sale and post the notice in stores.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. ) ## 108046. (a) A commercial dealer, manufacturer, importer, distributor, or wholesaler that has placed into the stream of commerce any unsafe product for which a recall or warning has subsequently been issued, shall initiate the following steps within 24 hours after issuing or receiving the recall notice or warning: (1) Contact all of its customers, other than end consumers, to whom it sold, leased, sublet, or transferred that particular product. The contact shall be made to a person designated for that product by the customer and shall include a copy of the recall notice or warning. (2) If the commercial dealer, manufacturer, importer, distributor, or wholesaler maintains an Internet Web site, the entity shall place prominently on the homepage or first point of entry of its Web site, a link to recall or warning information that contains the specific recall notice or warning that was issued for the product in question. The recall or warning information shall include a description of the product, the reason for the recall or warning, a picture of the product, and instructions on how to participate in the recall or warning. The information shall include only the product recall or warning information and shall not include sales or marketing information on that product or any other product, excluding return and exchange policies. The recall or warning information shall permit participation in the recall or warning through the Web site of the commercial dealer, manufacturer, importer, distributor, or wholesaler. (b) (1) The manufacturer of the product shall provide for the safe return of the product to the manufacturer or the appropriate disposal of the product in the manner required pursuant to paragraph (2) at no cost to the end consumer or retailer. (2) The manufacturer shall properly dispose of the product in a manner that is in compliance with all applicable federal, state, and local laws, regulations, and ordinances, and shall not export the product, or permit it to be exported, for disposal in a manner that poses a significant risk to the public health or the environment. (3) The manufacturer or retailer may provide a corrective action or retrofit onsite at the consumer’s home or premises for any product for which a recall or warning has been issued. (c) If a retailer receives notice of a recall or warning regarding a product from a commercial dealer, manufacturer, importer, distributor, wholesaler, or state or federal agency, and if the retailer during the previous 18 months offered the product for sale, then the retailer shall do the following: (1) Within three days after receiving the notice or warning by the person designated by the retailer, the retailer shall remove the product from the shelves of its stores or program its registers to ensure that the item cannot be sold. (2) If the product was sold through the retailer’s Internet Web site, then within three days after receiving the notice or warning by the person designated by the retailer, the retailer shall remove the product from the Web site or remove the ability to purchase the product through the Web site. (3) Within three days after receiving the recall notice or warning by the person designated by the retailer, the retailer shall post in paper form or electronically in a prominent location in each retail store the recall notice or warning. The notice or warning shall remain posted for at least 60 days. (4) If the product for which a recall or warning was issued was sold on the retailer’s Internet Web site, the retailer shall, within three days after receiving the recall notice or warning by the person designated by the retailer, post on the homepage or first point of entry of its Web site a link to recall or warning information that contains the specific recall notice or warning that was issued for the product in question. The recall or warning information shall include a description of the product, the reason for the recall or warning, a picture of the product, if one was provided, and instructions on how to participate in the recall or warning. The information shall include only the product recall or warning information and shall not include sales or marketing information on that product or any other product, excluding return and exchange policies. (5) A retailer who is not a first seller shall comply with this subdivision, except that the retailer has five days to comply with paragraphs (1) and (2). (6) A retailer who is a first seller shall accept any recalled product for the purpose of returning it to the manufacturer or distributor. (d) A commercial dealer, manufacturer, importer, wholesaler, or distributor who is also a retailer shall comply with subdivisions (a), (b), and (c), as applicable. (Added by Stats. 2008, Ch. 569, Sec. 2. Effective January 1, 2009.)
  176. 108048.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. )

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    Commercial dealers, manufacturers, importers, distributors, wholesalers, and retailers must still comply with stricter federal requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. ) ## 108048. Nothing in this chapter relieves a commercial dealer, manufacturer, importer, distributor, wholesaler, or retailer from compliance with stricter requirements that may be imposed by an agency of the federal government. (Added by Stats. 2008, Ch. 569, Sec. 2. Effective January 1, 2009.)
  177. 108050.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. )

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    Violations of this chapter can trigger a civil penalty of up to $1,000 per occurrence, capped at $20,000.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 2. Product Recall Safety and Protection Act [108040 - 108050] ( Chapter 2 added by Stats. 2008, Ch. 569, Sec. 2. ) ## 108050. (a) Any violation of this chapter shall be subject to a civil penalty of up to one thousand dollars ($1,000) for each occurrence, up to a maximum of twenty thousand dollars ($20,000). (b) The remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. (Added by Stats. 2008, Ch. 569, Sec. 2. Effective January 1, 2009.)
  178. 108075.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 1. Intent [108075- 108075.] ( Article 1 added by Stats. 2024, Ch. 932, Sec. 2. )

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    This section says the chapter is meant to provide enforcement mechanisms for PFAS bans and labeling requirements, and it does not replace other enforcement or legal actions allowed by law.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 1. Intent [108075- 108075.] ( Article 1 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108075. (a) It is the intent of the Legislature that this chapter provide enforcement mechanisms for existing and future perfluoroalkyl and polyfluoroalkyl substance (PFAS) bans and labeling requirements enacted by the Legislature. (b) It is the intent of the Legislature that all persons and entities subject to enforcement pursuant to this chapter remain subject to any other modes of enforcement or legal action otherwise authorized by law. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  179. 108076.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 2. Definitions and General Provisions [108076 - 108078] ( Article 2 added by Stats. 2024, Ch. 932, Sec. 2. )

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    This section defines “covered PFAS restriction,” “covered product,” and “department” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 2. Definitions and General Provisions [108076 - 108078] ( Article 2 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108076. For purposes of this chapter, all of the following definitions apply: (a) “Covered PFAS restriction” means a restriction imposed by any of the following: (1) Chapter 12.5 (commencing with Section 108945). (2) Chapter 13.5 (commencing with Section 108970). (3) Article 1 (commencing with Section 109000) of Chapter 15. (b) “Covered product” means any of the following: (1) A juvenile product, as defined in Section 108945. (2) Textile articles, as defined in Section 108970. (3) Food packaging, as defined in Section 109000. (c) “Department” means the Department of Toxic Substances Control. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  180. 108077.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 2. Definitions and General Provisions [108076 - 108078] ( Article 2 added by Stats. 2024, Ch. 932, Sec. 2. )

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    The department must adopt regulations by January 1, 2029 to implement, interpret, enforce, or make specific this chapter and the covered PFAS restrictions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 2. Definitions and General Provisions [108076 - 108078] ( Article 2 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108077. On or before January 1, 2029, the department shall adopt regulations to implement, interpret, enforce, or make specific this chapter and the covered PFAS restrictions. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  181. 108078.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 2. Definitions and General Provisions [108076 - 108078] ( Article 2 added by Stats. 2024, Ch. 932, Sec. 2. )

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    This chapter does not limit or restrict existing mandates, prohibitions, deadlines, enforcement authorities, or rights of action.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 2. Definitions and General Provisions [108076 - 108078] ( Article 2 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108078. This chapter does not limit or restrict existing mandates, prohibitions, deadlines, enforcement authorities, or rights of action. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  182. 108079.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 3. Registration and Testing [108079 - 108080] ( Article 3 added by Stats. 2024, Ch. 932, Sec. 2. )

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    Manufacturers of covered products must register with the department by July 1, 2029 and provide required product, fee, and compliance information.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 3. Registration and Testing [108079 - 108080] ( Article 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108079. (a) On or before July 1, 2029, a manufacturer of a covered product shall register with the department and provide to the department all of the following in the manner prescribed by the department in regulation: (1) The name and a description of each covered product it manufactures. (2) The applicable registration fee. (3) (A) A statement of compliance certifying that each covered product is in compliance with the applicable covered PFAS restriction. (B) The department may request, and a manufacturer shall provide, technical documentation, including analytical test results, to demonstrate compliance with the applicable covered PFAS restriction. The certification and analytical tests shall comply with those published on the department’s internet website pursuant to subdivision (b). (b) On or before January 1, 2029, the department shall publish on its internet website a list of accepted methods for testing whether a covered product complies with the covered PFAS restrictions and appropriate third-party accreditations for laboratories. The department may update the list of accepted testing methods and appropriate third-party accreditations for laboratories as necessary. (c) The department shall specify in regulation the manner for registering and the registration fee. The registration fee shall not exceed the department’s reasonable costs of implementing this chapter. (d) On and after July 1, 2030, the department shall enforce and ensure compliance with this chapter. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  183. 108080.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 3. Registration and Testing [108079 - 108080] ( Article 3 added by Stats. 2024, Ch. 932, Sec. 2. )

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    The department may procure and test covered products for compliance with covered PFAS restrictions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 3. Registration and Testing [108079 - 108080] ( Article 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108080. The department may procure and test any covered product for compliance with the applicable covered PFAS restrictions. Tests may be done by selecting and testing randomized samples of covered products from a cross section of retailers or by any other process specified by the department in regulation. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  184. 108081.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 4. Notice of Violation [108081- 108081.] ( Article 4 added by Stats. 2024, Ch. 932, Sec. 2. )

    Verify source ↗

    The department must issue a notice of violation when specified PFAS-related or other covered-product violations are found, and it may attach penalties or compliance requirements.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 4. Notice of Violation [108081- 108081.] ( Article 4 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108081. (a) The department shall issue a notice of violation to a person or entity in violation if any of the following occurs: (1) The department’s testing or test results submitted as a part of the registration process pursuant to subdivision (a) of Section 108079 indicates that a covered product violates one or more applicable covered PFAS restrictions. (2) The department determines that a covered product violates a covered PFAS restriction after finding PFAS as an ingredient identified on a covered product’s label. (3) The department finds a violation of this chapter or any rule, regulation, standard, or requirement issued or adopted pursuant to this chapter. (b) A notice of violation shall indicate the nature of the violation and may do any of the following: (1) Assess an administrative penalty against a person or entity in violation. (2) Require compliance with the applicable covered PFAS restrictions, including requiring the person or entity to cease the sale or distribution of a covered product in this state. (c) The department may issue a notice of violation pursuant to Section 108083. (d) (1) The department shall publish on its internet website information about each notice of violation, including, but not limited to, the relevant product information for each covered product subject to a notice of violation. (2) The department shall develop a process for keeping interested persons or entities informed about updates to notices of violation published on the department’s internet website. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  185. 108082.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 5. Enforcement [108082 - 108083] ( Article 5 added by Stats. 2024, Ch. 932, Sec. 2. )

    Verify source ↗

    The department must decide enforcement and penalty amounts case by case, with a minimum $10,000 penalty for a first violation, and the Attorney General may seek court injunctions.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 5. Enforcement [108082 - 108083] ( Article 5 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108082. (a) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative penalty assessed pursuant to this chapter. A penalty assessed shall not be less than ten thousand dollars ($10,000) for the first violation. A penalty may be assessed for each violation of a separate provision. For a continuing violation, a penalty may be assessed for each day that the violation continues. In determining the amount of an administrative penalty, the department shall consider all of the following factors: (1) The nature and severity of the violation. (2) The good or bad faith of the person or entity in violation. (3) The history of prior violations, if any. (4) Evidence that the violation was willful. (5) The extent that the person or entity has cooperated with the department. (b) In addition to the remedies provided in this chapter, the Attorney General may bring an action in superior court on behalf of the department, and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  186. 108083.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 5. Enforcement [108082 - 108083] ( Article 5 added by Stats. 2024, Ch. 932, Sec. 2. )

    Verify source ↗

    The department may receive reports about alleged PFAS restriction violations and must verify those reports through its own testing, verification, or inspection.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 5. Enforcement [108082 - 108083] ( Article 5 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108083. (a) The department may receive reports of alleged violations of covered PFAS restrictions, including analytical test results, from consumers, businesses, research institutions, persons, entities, and not-for-profit entities, and shall verify those alleged reports through its own independent testing, verification, or inspection. (b) If the violation concerns a failure to disclose information that is required by law, the department may issue a notice of violation and assess an administrative penalty. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  187. 108084.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 6. Finance [108084 - 108085] ( Article 6 added by Stats. 2024, Ch. 932, Sec. 2. )

    Verify source ↗

    The department must deposit specified registration fees and administrative penalties into the PFAS Enforcement Fund, and the department’s enforcement duties depend on available funds and a legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 6. Finance [108084 - 108085] ( Article 6 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108084. The department shall deposit all moneys from the registration fee described in Section 108079 and all administrative penalties collected pursuant to this chapter into the PFAS Enforcement Fund, which is hereby created in the State Treasury. Moneys in the fund shall, upon appropriation by the Legislature, be used to fund the department’s reasonable costs of implementing this chapter. The department’s duties to initiate, implement, or enforce any requirement of this chapter are contingent upon sufficient funds in the Toxic Substances Control Account, as determined by the Department of Finance, and upon an appropriation by the Legislature for the purposes of implementing and enforcing the requirements of this chapter. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  188. 108085.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 6. Finance [108084 - 108085] ( Article 6 added by Stats. 2024, Ch. 932, Sec. 2. )

    Verify source ↗

    The department may use certain Toxic Substances Control Account funds as a loan if the Legislature appropriates the money, Section 108084 applies, and the account has enough funds.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 6. Finance [108084 - 108085] ( Article 6 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108085. Upon appropriation by the Legislature and subject to Section 108084, if funds in the Toxic Substances Control Account are sufficient to finance the development of the regulations and the startup costs of the department’s activities pursuant to this chapter, funds may be used as a loan by the department, for the department to carry out this chapter until the PFAS Enforcement Fund generates revenues sufficient to fund the department’s reasonable costs of implementing this chapter and to reimburse any outstanding loans made from the Toxic Substances Control Account used to finance the development of the regulations and the startup costs of the department’s activities pursuant to this chapter. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025.)
  189. 108087.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 7. Reporting [108087- 108087.] ( Article 7 added by Stats. 2024, Ch. 932, Sec. 2. )

    Verify source ↗

    The department must submit a report to the Legislature by July 1, 2033.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 3. Enforcement and Penalties [108075 - 108087] ( Chapter 3 added by Stats. 2024, Ch. 932, Sec. 2. ) ## ARTICLE 7. Reporting [108087- 108087.] ( Article 7 added by Stats. 2024, Ch. 932, Sec. 2. ) ## 108087. On or before July 1, 2033, the department shall submit a report to the Legislature regarding its compliance and enforcement activities performed pursuant to this chapter, including, but not limited to, all of the following: (a) A summary of the covered products manufactured by the manufacturers registered with the department, the type and number of products tested, and product testing results. (b) A description of the types of the compliance activities undertaken by the department. (c) A description of each administrative penalty or any other enforcement activity taken by the department against persons or entities pursuant to this chapter, including the names and descriptions of the covered products. (d) (1) A report to be submitted pursuant to this article shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2037. (Added by Stats. 2024, Ch. 932, Sec. 2. (AB 347) Effective January 1, 2025. Repealed as of January 1, 2037, by its own provisions. Note: Repeal affects Article 7, commencing with Sec. 108087.)
  190. 108100.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This chapter is known as the California Hazardous Substances Act.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108100. This chapter shall be known as the California Hazardous Substances Act. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  191. 108105.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This chapter’s definitions, rules of construction, and general provisions govern how the chapter is interpreted, unless the context requires otherwise.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108105. Unless the provisions or the context otherwise requires, these definitions, rules of construction, and general provisions shall govern the construction of this chapter. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  192. 108110.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “art or craft material” and excludes certain pesticides and drugs, devices, or cosmetics from that term.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108110. The term “art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or retailer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. These mediums may include, but shall not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather and textile goods. The term shall not include economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stats. 163) or Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code; or to drugs, devices, or cosmetics, that are subject to the Federal Food, Drug and Cosmetics Act (52 Stats. 1040) or Part 5 (commencing with Section 109875). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  193. 108115.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

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

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108115. “Department” means the State Department of Health Services. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  194. 108120.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “federal act” as the Federal Hazardous Substances Act.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108120. As used in this chapter, “federal act” means the Federal Hazardous Substances Act (74 Stats. 372; 15 U.S.C., Sec. 1261, et seq.). (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  195. 108125.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “hazardous substance” and gives the department power to classify certain substances or articles by regulation.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108125. The term “hazardous substance” means: (a) Any substance or mixture of substances that (1) is toxic, (2) is corrosive, (3) is an irritant, (4) is a strong sensitizer, (5) is flammable or combustible, or (6) generates pressure through decomposition, heat, or other means; if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children. (b) Any substances that the department by regulation finds pursuant to the provisions of Section 108320 meet the requirements of subdivision (a) of this section. (c) Any radioactive substance, if, with respect to the substance as used in a particular class of article or as packaged, the department determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health. (d) Any toy or other article intended for use by children that the department determines, by regulation, pursuant to the provisions of Section 108320, presents an electrical, mechanical, or thermal hazard. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  196. 108130.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section says the term “hazardous substance” does not include several listed categories of items.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108130. The term “hazardous substance” shall not apply to any of the following: (a) Foods, drugs, or cosmetics subject to the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040) or Part 5 (commencing with Section 109875). (b) Substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house. (c) Source material, special nuclear material, or byproduct material, as defined in the Atomic Energy Act of 1954 (68 Stat. 919), as amended, and regulations issued pursuant thereto by the Atomic Energy Commission. (d) Fertilizing materials regulated by Chapter 5 (commencing with Section 14501) of Division 7 of the Food and Agricultural Code. (e) Livestock remedies regulated by Chapter 4 (commencing with Section 14200) of Division 7 of the Food and Agricultural Code. (f) Economic poisons regulated by Chapter 2 (commencing with Section 12751) of Division 7 of the Food and Agricultural Code, except as provided in Section 108135. (g) Economic poisons subject to the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163), except as provided in Section 108135. (h) Injurious substances as defined and regulated by Article 112 (commencing with Section 5225) of Group 16 of Subchapter 7 of Chapter 4 of Title 8 of the California Code of Regulations. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  197. 108135.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines when the term “hazardous substance” applies to an article.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108135. The term “hazardous substance” shall apply to any article that is not itself an economic poison within the meaning of the Federal Insecticide, Fungicide and Rodenticide Act or Chapter 2 (commencing with Section 12751) of Division 7, of the Food and Agricultural Code, but that is a hazardous substance within the meaning of Section 108125 by reason of bearing or containing an economic poison. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  198. 108140.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

    Verify source ↗

    This section defines “human carcinogen” and “potential human carcinogen” for this chapter.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108140. The term “human carcinogen” means any substance listed as a human carcinogen by the International Agency for Research on Cancer. The term “potential human carcinogen” means one of the following: (1) Any substance that does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer. (2) Any chemical shown to be changed by the human body into a human carcinogen. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  199. 108145.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    “Toxic” includes any non-radioactive substance that can cause personal injury or illness through ingestion, inhalation, or absorption through the body surface.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108145. The term “toxic” shall apply to any substance, other than a radioactive substance, that has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
  200. 108150.

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. )

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    This section defines “toxic substance causing chronic illness.”

    ## Health and Safety Code - HSC ## DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] ( Division 104 added by Stats. 1995, Ch. 415, Sec. 6. ) ## PART 3. PRODUCT SAFETY [108040 - 109052] ( Part 3 added by Stats. 1995, Ch. 415, Sec. 6. ) ## CHAPTER 4. California Hazardous Substances Act [108100 - 108515] ( Chapter 4 added by Stats. 1995, Ch. 415, Sec. 6. ) ## ARTICLE 1. General Provisions and Definitions [108100 - 108225] ( Article 1 added by Stats. 1995, Ch. 415, Sec. 6. ) ## 108150. The term “toxic substance causing chronic illness” means any of the following: (1) Human carcinogens. (2) Potential human carcinogens. (3) Any substance included in the list of hazardous substances prepared by the Director of Industrial Relations, pursuant to Section 6382 of the Labor Code, notwithstanding exemptions made for substances on the list that are used in particular forms, circumstances, or concentrations, if the health hazard presented by the substance is not the subject of label statements required by federal law. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

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