BILL NUMBER: AB 1091	CHAPTERED  08/23/04

	CHAPTER  262
	FILED WITH SECRETARY OF STATE  AUGUST 23, 2004
	APPROVED BY GOVERNOR  AUGUST 23, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 1, 2004
	AMENDED IN SENATE  JUNE 22, 2004
	AMENDED IN SENATE  MARCH 1, 2004
	AMENDED IN ASSEMBLY  JANUARY 6, 2004
	AMENDED IN ASSEMBLY  APRIL 21, 2003

INTRODUCED BY   Assembly Member Negrete McLeod
   (Coauthors:  Assembly Members Pavley and Yee)

                        FEBRUARY 20, 2003

   An act to amend Section 120130 of the Health and Safety Code,
relating to disease prevention, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1091, Negrete McLeod.  Reportable diseases.
   Existing law requires the State Department of Health Services to
establish a list of reportable diseases, which may include both
communicable and noncommunicable diseases.  Existing law authorizes
the department to change the list at any time.
   This bill would require the list to include reportable conditions
and the urgency of reporting each disease and condition.  The bill
would require the department to consult with the California
Conference of Local Health Officers before making a change to the
list.  The bill would exempt modifications to the list from certain
existing law provisions relating to the adoption of administrative
rules and regulations.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 120130 of the Health and Safety Code is amended
to read:
   120130.  (a) The department shall establish a list of reportable
diseases and conditions and shall include the urgency of reporting
each disease and condition.  The list of reportable diseases and
conditions may include both communicable and noncommunicable
diseases.  The list may include those diseases that are either known
to be, or suspected of being, transmitted by milk or milk-based
products.  The list shall also include, but not be limited to,
diphtheria, listeria, salmonella, shigella, streptococcal infection
in food handlers or dairy workers, and typhoid.  The list may be
modified at any time by the department, after consultation with the
California Conference of Local Health Officers.  Modification of the
list 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 shall be filed with the Secretary of State and
printed in the California Code of Regulations as required under
subdivision (d).  Those diseases listed as reportable shall be
properly reported as required to the department by the health
officer.
   (b) The department may from time to time adopt and enforce
regulations requiring strict or modified isolation, or quarantine,
for any of the contagious, infectious, or communicable diseases, if
in the opinion of the department the action is necessary for the
protection of the public health.
   (c) The health officer may require strict or modified isolation,
or quarantine, for any case of contagious, infectious, or
communicable disease, when this action is necessary for the
protection of the public health.
   (d) The list established pursuant to subdivision (a) and any
subsequent modifications shall be published in Title 17 of the
California Code of Regulations.
   (e) Notwithstanding any other provision of law, no civil or
criminal penalty, fine, sanction, finding, or denial, suspension, or
revocation of licensure for any person or facility may be imposed
based upon a failure to provide the notification of a reportable
disease or condition that is required under this section, unless the
disease or condition that is required to be reported was printed in
the California Code of Regulations at least six months prior to the
date of the claimed failure to report.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to facilitate accurate and efficient reporting of
reportable diseases and conditions to the proper authorities at the
earliest possible time, it is necessary that this act take effect
immediately.