BILL NUMBER: SB 162 CHAPTERED
BILL TEXT
CHAPTER 241
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2006
APPROVED BY GOVERNOR SEPTEMBER 14, 2006
PASSED THE SENATE AUGUST 31, 2006
PASSED THE ASSEMBLY AUGUST 30, 2006
AMENDED IN ASSEMBLY AUGUST 24, 2006
AMENDED IN ASSEMBLY AUGUST 21, 2006
AMENDED IN ASSEMBLY AUGUST 8, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN ASSEMBLY JUNE 22, 2006
AMENDED IN ASSEMBLY JUNE 12, 2006
AMENDED IN SENATE MARCH 30, 2005
INTRODUCED BY Senators Ortiz and Runner
(Principal coauthor: Senator Perata)
(Principal coauthors: Assembly Members Nakanishi and Richman)
(Coauthors: Senators Alquist, Kuehl, and Torlakson)
(Coauthors: Assembly Members Aghazarian, Berg, DeVore, Shirley
Horton, Jones, Koretz, Lieber, Nava, Niello, and Sharon Runner)
FEBRUARY 8, 2005
An act to amend Sections 6253.4, 6254.18, 8169.5, and 12803 of,
and to add Section 11554.5 to, the Government Code, and to amend
Sections 20, 21, 135, 136, 137, 138, 138.4, 151, 152, 100100, 100105,
100170, 109277, and 109282 of, to amend and renumber Sections
100106, 100119, 100175, 100180, 100182, 100185, 100190, 100195,
100200, 100205, 100210, 100215, 100225, 100230, and 100235 of, to add
Division 112 (commencing with Section 131000) to, to add and repeal
Chapter 3 (commencing with Section 131230) of Division 112 of, and to
repeal Section 100117 of, the Health and Safety Code, relating to
health.
LEGISLATIVE COUNSEL'S DIGEST
SB 162, Ortiz State Department of Public Health.
Existing law establishes the scope of functions and
responsibilities of the State Department of Health Services.
This bill would enact the California Public Health Act of 2006,
which would establish the State Department of Public Health, to be
headed by the State Public Health Officer to be appointed by the
Governor, subject to confirmation by the Senate and would rename the
State Department of Health Services as the State Department of Health
Care Services. The bill would transfer the responsibility for
certain programs from the State Department of Health Services to the
State Department of Public Health, and would require the State Public
Health Officer to convene the Public Health Advisory Committee. The
bill would retain responsibility for the remaining programs within
the renamed State Department of Health Care Services, and would make
conforming changes.
These provisions would become operative July 1, 2007.
The bill would establish the Office of Change Management within
the State Department of Health Services to provide planning and
guidance for transition activities prior to July 1, 2007.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
California Public Health Act of 2006.
(b) (1) It is the intent of the Legislature, in enacting this act,
to establish the State Department of Public Health and rename the
State Department of Health Services as the State Department of Health
Care Services.
(2) By enacting this act establishing the State Department of
Public Health, it is the intent of the Legislature to do all of the
following:
(A) Transfer all public health programs currently operated through
the existing State Department of Health Services to the State
Department of Public Health, without regard to whether or not that
public health program has been formally created by statute.
(B) Require that the health purchasing programs continue to be
operated by the State Department of Health Care Services, the new
name of the former State Department of Health Services.
(C) Authorize the Governor to make final decisions about the
placement of specific programs and offices that are not formally
created by statute or named in this act in a way that is consistent
with the intent of the Legislature in establishing the State
Department of Public Health and with the overall spirit of this act.
(D) Elevate the visibility and importance of public health issues
in the policy arena.
(E) Increase accountability and require program effectiveness for
the public health and health care purchasing functions of state
government.
(F) Promote the health status of Californians through programs and
policies that use populationwide interventions.
(G) Recruit and retain top quality public health professionals
including physicians, nurses, and scientists, who have the requisite
education, and experience to protect the public health and safety.
(c) For purposes of this section, "public health programs" refers
primarily to programs and functions that seek to prevent illness in,
and promote the health of, the public at large, in contrast with
health care services programs, which relate to either the direct
delivery of health care services to eligible individuals, or relate
to payment for those services.
SEC. 2. Section 6253.4 of the Government Code is amended to read:
6253.4. (a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section.
The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies, and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
Department of Motor Vehicles
Department of Consumer Affairs
Department of Transportation
Department of Real Estate
Department of Corrections
Department of the Youth Authority
Department of Justice
Department of Insurance
Department of Corporations
Department of Managed Health Care
Secretary of State
State Air Resources Board
Department of Water Resources
Department of Parks and Recreation
San Francisco Bay Conservation and Development Commission
State Board of Equalization
State Department of Health Care Services
Employment Development Department
State Department of Public Health
State Department of Social Services
State Department of Mental Health
State Department of Developmental Services
State Department of Alcohol and Drug Abuse
Office of Statewide Health Planning and Development
Public Employees' Retirement System
Teachers' Retirement Board
Department of Industrial Relations
Department of General Services
Department of Veterans Affairs
Public Utilities Commission
California Coastal Commission
State Water Resources Control Board
San Francisco Bay Area Rapid Transit District
All regional water quality control boards
Los Angeles County Air Pollution Control District
Bay Area Air Pollution Control District
Golden Gate Bridge, Highway and Transportation District
Department of Toxic Substances Control
Office of Environmental Health Hazard Assessment
(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.
SEC. 3. Section 6254.18 of the Government Code is amended to read:
6254.18. (a) Nothing in this chapter shall be construed to
require disclosure of any personal information received, collected,
or compiled by a public agency regarding the employees, volunteers,
board members, owners, partners, officers, or contractors of a
reproductive health services facility who have notified the public
agency pursuant to subdivision (d) if the personal information is
contained in a document that relates to the facility.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Contractor" means an individual or entity that contracts with
a reproductive health services facility for services related to
patient care.
(2) "Personal information" means the following information related
to an individual that is maintained by a public agency: social
security number, physical description, home address, home telephone
number, statements of personal worth or personal financial data filed
pursuant to subdivision (n) of Section 6254, personal medical
history, employment history, electronic mail address, and information
that reveals any electronic network location or identity.
(3) "Public agency" means all of the following:
(A) The State Department of Health Care Services.
(B) The Department of Consumer Affairs.
(C) The Department of Managed Health Care.
(D) The State Department of Public Health.
(4) "Reproductive health services facility" means the office of a
licensed physician and surgeon whose specialty is family practice,
obstetrics, or gynecology, or a licensed clinic, where at least 50
percent of the patients of the physician or the clinic are provided
with family planning or abortion services.
(c) Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to obtain access to employment history information
pursuant to Sections 6258 and 6259. If the court finds, based on the
facts of a particular case, that the public interest served by
disclosure of employment history information clearly outweighs the
public interest served by not disclosing the information, the court
shall order the officer or person charged with withholding the
information to disclose employment history information or show cause
why he or she should not do so pursuant to Section 6259.
(d) In order for this section to apply to an individual who is an
employee, volunteer, board member, officer, or contractor of a
reproductive health services facility, the individual shall notify
the public agency to which his or her personal information is being
submitted or has been submitted that he or she falls within the
application of this section. The reproductive health services
facility shall retain a copy of all notifications submitted pursuant
to this section. This notification shall be valid if it complies with
all of the following:
(1) Is on the official letterhead of the facility.
(2) Is clearly separate from any other language present on the
same page and is executed by a signature that serves no other purpose
than to execute the notification.
(3) Is signed and dated by both of the following:
(A) The individual whose information is being submitted.
(B) The executive officer or his or her designee of the
reproductive health services facility.
(e) The privacy protections for personal information authorized
pursuant to this section shall be effective from the time of
notification pursuant to subdivision (d) until either one of the
following occurs:
(1) Six months after the date of separation from a reproductive
health services facility for an individual who has served for not
more than one year as an employee, contractor, volunteer, board
member, or officer of the reproductive health services facility.
(2) One year after the date of separation from a reproductive
health services facility for an individual who has served for more
than one year as an employee, contractor, volunteer, board member, or
officer of the reproductive health services facility.
(f) Within 90 days of separation of an employee, contractor,
volunteer, board member, or officer of the reproductive health
services facility who has provided notice to a public agency pursuant
to subdivision (c), the facility shall provide notice of the
separation to the relevant agency or agencies.
(g) Nothing in this section shall prevent the disclosure by a
government agency of data regarding age, race, ethnicity, national
origin, or gender of individuals whose personal information is
protected pursuant to this section, so long as the data contains no
individually identifiable information.
SEC. 4. Section 8169.5 of the Government Code is amended to read:
8169.5. (a) In furtherance of the Capitol Area Plan, the
objectives of Resolution Chapter 131 of the Statutes of 1991, and the
legislative findings and declarations contained in Chapter 193 of
the Statutes of 1996, relative to the findings by the Urban Land
Institute, the director may purchase, exchange, or otherwise acquire
real property and construct facilities, including any improvements,
betterments, and related facilities, within the jurisdiction of the
Capitol Area Plan in the City of Sacramento pursuant to this section.
The total authorized scope of the project shall consist of up to
approximately 1,470,200 gross square feet of office space and
approximately 742,625 gross square feet of parking structures for use
by the State Department of Education, the State Department of Health
Care Services, the State Department of Public Health, and the
Department of General Services as anchor tenants on blocks 171, 172,
173, 174, and 225, along with related additional parking on block
224, within the Capitol area. The acquisition and construction
authorized pursuant to this section may not cause the displacement of
any state or legislative employee parking spaces in the blocks
specified in this subdivision unless the Department of General
Services makes available existing state-owned parking spaces,
acquires parking spaces, or constructs replacement parking that
results in the affected employees' parking spaces being located at a
reasonable distance from their place of employment.
(b) Subject to paragraphs (2) and (3) of subdivision (c), the
department may contract for the lease, lease-purchase, lease with an
option to purchase, acquisition, design, design-build, construction,
construction management, and other services related to the design and
construction of the office and parking facilities authorized to be
acquired pursuant to subdivision (a).
(c) (1) The State Public Works Board may issue revenue bonds,
negotiable notes, or negotiable bond anticipation notes pursuant to
Chapter 5 (commencing with Section 15830) of Part 10b of Division 3
to finance all costs associated with acquisition, design, and
construction of office and parking facilities for the purposes of
this section. The State Public Works Board and the department may
borrow funds for project costs from the Pooled Money Investment
Account pursuant to Sections 16312 and 16313. In the event the bonds
authorized by the project are not sold, the State Department of
Education, the State Department of Health Care Services, the State
Department of Public Health, and the Department of General Services,
as determined by the Department of Finance, shall commit a sufficient
amount of their support appropriations to repay any loans made for
the project from the Pooled Money Investment Account. It is the
intent of the Legislature that this commitment shall be included in
future Budget Acts until all outstanding loans from the Pooled Money
Investment Account are repaid either through the proceeds from the
sale of bonds or from an appropriation.
(2) (A) If the department proposes to acquire the facilities on a
design-build basis, prior to the department entering into an
agreement pursuant to subdivision (b) to design and build the
facilities on blocks 171, 172, 173, 174, and 225, as specified in
subdivision (a), the department shall submit to the Legislature a
copy of all documents that shall be the basis upon which bids will be
solicited and awarded to design and build the facilities. The
documents shall include the following:
(i) The request for qualifications.
(ii) Site development guidelines.
(iii) Architectural and all system design requirements for the
facilities.
(iv) Notwithstanding any other provision of law, the recommended
specific criteria and process by which the contractor shall be
selected.
(v) The performance criteria and standards for the architecture
and all components and systems of the facilities.
(B) The information in the documents shall be provided in at least
as much detail as was prepared for the San Francisco Civic Center
Complex project and shall cover the quality of materials, equipment,
and workmanship to be used in the facilities. These documents shall
also include a detailed and specific space program for the facilities
that identifies the specific spatial needs of the state agencies.
(C) If the department proceeds to acquire the facilities on a
design-build basis, in addition to any other requirements imposed
pursuant to this section, notwithstanding Section 7550.5, the
department shall provide the Legislature, beginning on July 1, 1999,
and every three months thereafter until the facilities are completed,
with a status report that includes information regarding any
benefits that the state may have realized from use of the
design-build approach, any problems that have been encountered from
the use of a design-build approach, and lessons learned that may be
applied to a future project. The department shall issue a final
report when the facilities are completed.
(D) If the department proposes to contract for construction
separate from design, the department shall, prior to commencing work
on working drawings for the facilities on blocks 171, 172, 173, 174,
and 225, submit to the Legislature a copy of the preliminary plans
for the facilities and a detailed and specific space program for the
facilities that identifies the specific spatial needs of the state
agencies.
(E) Regardless of how the department proposes to acquire the
facilities, the department also shall submit all of the following
information, which may be included in the bid documents:
(i) A final estimated cost for design, construction, and other
costs.
(ii) How the department would manage the contracts entered into
for this project to ensure compliance with contract requirements and
to ensure that the state receives the highest level of quality
workmanship and materials for the funds spent on the project.
(3) Except for the reports specified in subparagraph (C) of
paragraph (2), the department shall submit to the Legislature the
information required to be submitted pursuant to paragraphs (2) and
(6) on or before December 1, 1998. Except for those contracts and
agreements necessary to prepare the information required by
paragraphs (2) and (6), the department shall not solicit bids to
enter into any agreement to design and build or otherwise acquire the
facilities or commence work on working drawings on block 171, 172,
173, 174, or 225 sooner than the later of April 1, 1999, or 120 days
after the department submits to the Legislature the information
required to be submitted pursuant to paragraphs (2) and (6). The
Legislative Analyst shall evaluate the information submitted to the
Legislature and shall prepare a report to the Joint Committee on
Rules within 60 days of receiving the documents submitted to the
Legislature. It is the intent of the Legislature that the Joint
Committee on Rules meet prior to the date the department is
authorized to solicit bids to design and build or otherwise acquire
the facilities or commence work on working drawings for the purposes
of discussing the report from the Legislative Analyst and adopting a
report with any recommendations to the department on changes to the
site design criteria, performance criteria, and specifications and
specific criteria for determining the winning bidder. If the Joint
Committee on Rules adopts a report prior to the date the department
is authorized to solicit bids to design and build or otherwise
acquire the facilities or commence work on working drawings, the
department may solicit the bids or commence the work when the report
is adopted by the Joint Committee on Rules. The Senate Committee on
Rules and the Speaker of the Assembly may designate members of their
respective houses to monitor the progress of the preparation of the
documents to be submitted pursuant to paragraph (2). The department
shall prepare periodic progress reports and meet with the designated
members or their representatives, as necessary, while preparing the
documents.
(4) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold may equal, but shall not exceed,
the cost of planning, preliminary plans, working drawings,
construction, construction management and supervision, other costs
relating to the design and construction of the facilities, and any
additional sums necessary to pay interim and permanent financing
costs. The additional amount may include interest and a reasonable
required reserve fund.
(5) Authorized costs of the facilities for preliminary plans,
working drawings, construction, and other costs shall not exceed
three hundred ninety-two million dollars ($392,000,000).
Notwithstanding Section 13332.11, the State Public Works Board may
authorize the augmentation of the amount authorized under this
paragraph by up to 10 percent of the amount authorized.
(6) The net present value of the cost to acquire and operate the
facilities authorized by subdivision (a) may not exceed the net
present value of the cost to lease and operate an equivalent amount
of comparable office space over the same time period. The department
shall perform this analysis and shall obtain interest rates, discount
rates, and Consumer Price Index figures from the Treasurer and
submit its analysis with the documents submitted pursuant to
paragraph (2) of subdivision (c). For purposes of this analysis, the
department shall compare the cost of acquiring and operating the
proposed facilities with the avoided cost of leasing and operating an
equivalent amount of comparable office space that will no longer
need to be leased because either (A) agencies will no longer occupy
currently leased facilities when they occupy the proposed facilities,
or (B) agencies will no longer occupy currently leased facilities
when they occupy state-owned space being vacated by state agencies
occupying the proposed facilities. The analysis shall also include
the cost of any unique improvement associated with the moving of an
agency into any state-owned space that would be vacated by agencies
moving into the proposed facilities. However, these costs shall not
include the cost of renovating or modernizing vacated state-owned
space that is necessary to accommodate state agencies in general
purpose office space. This paragraph shall not be construed as
authorizing any renovation of state-owned space.
(d) The director may execute and deliver a contract with the State
Public Works Board for the lease of the facilities described in this
section that are financed with the proceeds of the board's bonds,
notes, or bond anticipation notes issued in accordance with this
section.
SEC. 5. Section 11554.5 is added to the Government Code, to read:
11554.5. Effective July 1, 2007, an annual salary of two hundred
twenty-two thousand dollars ($222,000) shall be paid to the State
Public Health Officer. The annual compensation provided by this
section shall be increased in any fiscal year in which a general
salary increase is provided for state employees. The amount of the
increase provided by this section shall be comparable to, but shall
not exceed, the percentage of the general salary increases provided
for state employees during that fiscal year.
SEC. 6. Section 12803 of the Government Code is amended to read:
12803. (a) The California Health and Human Services Agency
consists of the following departments: Health Care Services; Mental
Health; Developmental Services; Public Health; Social Services;
Alcohol and Drug Abuse; Aging; Rehabilitation; and Community Services
and Development.
(b) The agency also includes the Office of Statewide Health
Planning and Development and the State Council on Developmental
Disabilities.
(c) The Department of Child Support Services is hereby created
within the agency commencing January 1, 2000, and shall be the single
organizational unit designated as the state's Title IV-D agency with
the responsibility for administering the state plan and providing
services relating to the establishment of paternity or the
establishment, modification, or enforcement of child support
obligations as required by Section 654 of Title 42 of the United
States Code. State plan functions shall be performed by other
agencies as required by law, by delegation of the department, or by
cooperative agreements.
SEC. 8. Section 20 of the Health and Safety Code is amended to
read:
20. "State department" or "department" means State Department of
Health Services. Commencing July 1, 2007, any reference to the former
State Department of Health Services regarding a function vested by
Chapter 2 (commencing with Section 131050) of Part 1 of Division 112,
in the State Department of Public Health is deemed to, instead,
refer to the State Department of Public Health, and any reference to
the former State Department of Health Services regarding a function
not vested by Chapter 2 (commencing with Section 131050) of Part 1 of
Division 112, in the State Department of Public Health, is deemed
to, instead, refer to the State Department of Health Care Services.
SEC. 9. Section 21 of the Health and Safety Code is amended to
read:
21. "Director" means "State Director of Health Services."
Commencing July 1, 2007, any reference to the former State Director
of Health Services regarding a function vested by Chapter 2
(commencing with Section 131050) of Part 1 of Division 112, in the
State Department of Public Health is deemed to, instead, refer to the
State Public Health Officer.
SEC. 10. Section 135 of the Health and Safety Code is amended to
read:
135. The Office of Women's Health is hereby established within
the State Department of Health Care Services. For purposes of this
chapter, "office" means the Office of Women's Health.
SEC. 11. Section 136 of the Health and Safety Code is amended to
read:
136. (a) The California Health and Human Services Agency shall
establish an interagency task force on women's health composed of
representatives of the State Department of Health Care Services, the
State Department of Public Health, the State Department of
Developmental Services, the State Department of Social Services, the
State Department of Alcohol and Drug Programs, and the Major Risk
Medical Insurance Program.
(b) The State Department of Education, the Department of Housing
and Community Development, the office of the Attorney General, the
State Department of Mental Health, and the Department of Corrections
may participate with the interagency task force on women's health
when necessary to implement the state strategy developed pursuant to
Section 137.
SEC. 11.4. Section 137 of the Health and Safety Code is amended to
read:
137. (a) The office shall develop a coordinated state strategy
for addressing the health related needs of women.
(b) The approved programmatic costs of the office shall be shared
equally by the State Department of Health Care Services and the State
Department of Public Health unless otherwise provided by law.
(c) The office shall report to the Director of Health Care
Services.
SEC. 11.6. Section 138 of the Health and Safety Code is amended to
read:
138. The office may do any of the following on behalf of the
State Department of Health Care Services and the State Department of
Public Health jointly or separately:
(a) Perform strategic planning within these state departments to
develop departmentwide plans for implementation of goals and
objectives for women's health.
(b) Conduct policy analysis on specific issues related to women's
health.
(c) Coordinate pilot projects and planning projects funded by the
state that are related to women's health.
(d) Identify unnecessary duplication of services and future
service needs.
(e) Communicate and disseminate information and perform a liaison
function within these state departments and to providers of health,
social, educational, and support services to women.
(f) Perform internal staff training for these state departments,
and training of health care professionals to ensure more
linguistically and culturally appropriate care.
(g) Serve as a clearinghouse for information regarding women's
health data, strategies, and programs that address women's health
issues, including pregnancy, breast and cervical cancers, AIDS,
osteoporosis, and menopause, as well as issues that impact women's
health, including substance abuse, domestic violence, housing,
teenage pregnancy, and sexual assault.
(h) Encourage innovative responses by public and private entities
that are attempting to address women's health issues.
(i) Provide technical assistance to counties, other public
entities, and private entities seeking to obtain funds for
initiatives in women's health, including identification of sources of
funding and assistance with writing of grants.
SEC. 12. Section 138.4 of the Health and Safety Code is amended to
read:
138.4. (a) The State Department of Health Care Services and the
State Department of Public Health shall place priority on providing
information to consumers, patients, and health care providers
regarding women's gynecological cancers, including, signs
and symptoms, risk factors, the
benefits of early detection through appropriate diagnostic testing,
and treatment options.
(b) The information may include, but is not limited to, the
following elements:
(1) Educational and informational materials in print, audio,
video, electronic, or other media.
(2) Public service announcements and advertisements.
(c) (1) Each department may produce or contract with others to
develop the materials described in this section as the director of
each department deems appropriate, or may survey available
publications from, among other sources, the National Cancer Institute
and the American Cancer Society, and may collect and formulate a
distribution plan and disseminate these publications according to the
plan. These materials may be made available to the public free of
charge and may include distribution through the Medical Board of
California, as well as through other sources according to the
distribution plan.
(2) Each department may require, as it deems appropriate, health
care providers to make these materials available to patients.
(d) In exercising the powers under this section, each department
shall consult with appropriate health care professionals and
providers, consumers, and patients, or organizations representing
them.
(e) Each department may appoint a Women's Gynecological Cancer
Information Advisory Council which may include representation from
health care professionals and providers, consumers, patients, and
other appropriate interests. Members of each council shall receive
no compensation for their services, but shall be allowed their actual
and necessary expenses incurred in the performance of their duties.
(f) Each department's duties pursuant to this section are
contingent upon that department receiving funds appropriated for this
purpose.
(g) Each department may adopt any regulations necessary and
appropriate for that department's implementation of this section.
SEC. 12.4. Section 151 of the Health and Safety Code is amended to
read:
151. (a) The Office of Multicultural Health is hereby established
within the State Department of Public Health. The approved
programmatic costs of the Office of Multicultural Health shall be
shared equally by the State Department of Health Care Services and
the State Department of Public Health unless otherwise provided by
law. The Office of Multicultural Health shall report to the State
Public Health Officer.
(b) For purposes of this chapter:
(1) "Department" means the State Department of Health Care
Services and the State Department of Public Health unless the context
provides otherwise.
(2) "Office" means the Office of Multicultural Health.
SEC. 12.6. Section 152 of the Health and Safety Code is amended to
read:
152. (a) The office shall do all of the following on behalf of
the State Department of Health Care Services and the State Department
of Public Health:
(1) Perform strategic planning within these departments to develop
departmentwide plans for implementation of goals and objectives to
close the gaps in health status and access to care among the state's
diverse racial and ethnic communities.
(2) Conduct departmental policy analysis on specific issues
related to multicultural health.
(3) Coordinate pilot projects and planning projects funded by the
state that are related to improving the effectiveness of services to
ethnic and racial communities.
(4) Identify the unnecessary duplication of services and future
service needs.
(5) Communicate and disseminate information and perform a liaison
function within the departments and to providers of health, social,
educational, and support services to racial and ethnic communities.
The office shall consult regularly with representatives from diverse
racial and ethnic communities, including health providers, advocates,
and consumers.
(6) Perform internal staff training, an internal assessment of
cultural competency, and training of health care professionals to
ensure more linguistically and culturally competent care.
(7) Serve as a resource for ensuring that programs keep data and
information regarding ethnic and racial health statistics, strategies
and programs that address multicultural health issues, including,
but not limited to, infant mortality, cancer, cardiovascular disease,
diabetes, human immunodeficiency virus (HIV), acquired immune
deficiency syndrome (AIDS), child and adult immunization, asthma,
unintentional and intentional injury, and obesity, as well as issues
that impact the health of racial and ethnic communities, including
substance abuse, mental health, housing, teenage pregnancy,
environmental disparities, immigrant and migrant health, and health
insurance and delivery systems.
(8) Encourage innovative responses by public and private entities
that are attempting to address multicultural health issues.
(9) Provide technical assistance to counties, other public
entities, and private entities seeking to obtain funds for
initiatives in multicultural health, including identification of
funding sources and assistance with writing grants.
(b) Notwithstanding Section 7550.5 of the Government Code, the
office shall biennially prepare and submit a report to the
Legislature on the status of the activities required by this chapter.
SEC. 13. Section 100100 of the Health and Safety Code is amended
to read:
100100. There is in the state government in the California Health
and Human Services Agency, a State Department of Health Services
which, effective July 1, 2007, is hereby renamed the State Department
of Health Care Services. Commencing July 1, 2007, any reference in
this chapter, in Chapter 1.5 (commencing with Section 100145), or in
Article 1 (commencing with Section 100150) of Chapter 2 to the State
Department of Health Services is deemed to, instead, refer to the
State Department of Health Care Services with regard to functions not
transferred to the State Department of Public Health. Commencing
July 1, 2007, all the duties, powers, purposes, responsibilities, and
jurisdiction of the former State Department of Health Services not
vested in the State Department of Public Health pursuant to Chapter 2
(commencing with Section 131050) of Part 1 of Division 112, shall be
retained by, and thereafter be performed by, the renamed State
Department of Health Care Services.
SEC. 14. Section 100105 of the Health and Safety Code is amended
to read:
100105. The department is under the control of an executive
officer known as the Director of Health Services, who shall be
appointed by the Governor, subject to confirmation by the Senate, and
hold office at the pleasure of the Governor. The director shall
receive the annual salary provided by Article 1 (commencing with
Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the
Government Code. Commencing July 1, 2007, the Director of Health
Services shall, thereafter, be known as the Director of Health Care
Services.
Upon recommendation of the director, the Governor may appoint not
to exceed two chief deputies of the department who shall hold office
at the pleasure of the Governor. The salaries of the chief deputies
shall be fixed in accordance with law.
SEC. 15. Section 100106 of the Health and Safety Code is amended
and renumbered to read:
120155. Pursuant to Section 11158 of the Government Code, the
sheriff of each county, or city and county, may enforce within the
county, or the city and county, all orders of the State Department of
Public Health issued for the purpose of preventing the spread of any
contagious, infectious, or communicable disease. Every peace officer
of every political subdivision of the county, or city and county,
may enforce within the area subject to his or her jurisdiction all
orders of the State Department of Public Health issued for the
purpose of preventing the spread of any contagious, infectious, or
communicable disease. This section is not a limitation on the
authority of peace officers or public officers to enforce orders of
the State Department of Public Health. When deciding whether to
request this assistance in enforcement of its orders, the State
Department of Public Health may consider whether it would be
necessary to advise the enforcement agency of any measures that
should be taken to prevent infection of the enforcement officers.
SEC. 16. Section 100117 of the Health and Safety Code is repealed.
SEC. 17. Section 100119 of the Health and Safety Code is amended
and renumbered to read:
131019. There is in the State Department of Public Health an
Office of AIDS. The State Department of Public Health, Office of
AIDS, shall be the lead agency within the state, responsible for
coordinating state programs, services, and activities relating to the
human immunodeficiency virus (HIV), acquired immune deficiency
syndrome (AIDS), and AIDS related conditions (ARC). Among its
responsibilities, the State Department of Public Health, Office of
AIDS, shall coordinate Sections 120875, Section 120880, Chapter 2
(commencing with Section 120800), Chapter 4 (commencing with Section
120900), Chapter 6 (commencing with Section 120950), Chapter 8
(commencing with Section 121025), Chapter 9 (commencing with Section
121050), Chapter 10 (commencing with Section 121075), Chapter 11
(commencing with Section 121150), Chapter 12 (commencing with Section
121200), Chapter 13 (commencing with Section 121250), and Chapter 14
(commencing with Section 121300), of Part 4 of Division 105. Any
reference in those provisions to the State Department of Health
Services or the State Department of Public Health shall be deemed to
be a reference to the Office of AIDS within the State Department of
Public Health.
SEC. 18. Section 100170 of the Health and Safety Code is amended
to read:
100170. (a) The department may commence and maintain all proper
and necessary actions and proceedings for any or all of the following
purposes:
(1) To enforce its regulations.
(2) To compel the performance of any act specifically enjoined
upon any person, officer, or board, by any law of this state relating
to its powers and duties.
(b) It may defend all actions and proceedings involving its powers
and duties.
(c) In all actions and proceedings it shall sue and be sued under
the name of the department.
SEC. 19. Section 100175 of the Health and Safety Code is amended
and renumbered to read:
131075. The department may enjoin and abate public nuisances.
SEC. 20. Section 100180 of the Health and Safety Code is amended
and renumbered to read:
131080. The department may advise all local health authorities,
and, when in its judgment the public health is menaced, it shall
control and regulate their action.
SEC. 21. Section 100182 of the Health and Safety Code is amended
and renumbered to read:
131082. Every person charged with the performance of any duty
under the laws of this state relating to the preservation of the
public health, who willfully neglects or refuses to perform the same,
is guilty of a misdemeanor.
SEC. 22. Section 100185 of the Health and Safety Code is amended
and renumbered to read:
131085. (a) The department may perform any of the following
activities relating to the protection, preservation, and advancement
of public health:
(1) Studies.
(2) Demonstrations of innovative methods.
(3) Evaluations of existing projects.
(4) Provision of training programs.
(5) Dissemination of information.
(b) In performing an activity specified in subdivision (a), the
department may do any of the following:
(1) Perform the activity directly.
(2) Enter into contracts, cooperative agreements, or other
agreements for the performance of the activity.
(3) Apply for and receive grants for the performance of the
activity.
(4) Award grants for the performance of the activity.
SEC. 23. Section 100190 of the Health and Safety Code is amended
and renumbered to read:
131090. The department may provide for consultant and advisory
services and for the training of technical and professional personnel
in educational institutions and field training centers approved by
the department, and for the establishment and maintenance of field
training centers in local health departments and in the department.
SEC. 24. Section 100195 of the Health and Safety Code is amended
and renumbered to read:
131095. The department shall cause special investigation of the
preparation and sale of drugs and food and their adulteration.
SEC. 25. Section 100200 of the Health and Safety Code is amended
and renumbered to read:
131100. The department shall perform duties as required by law
for the detection and prevention of the adulteration of articles used
for food and drink, and for the punishment of persons guilty of
violation of any law providing against their adulteration.
SEC. 26. Section 100205 of the Health and Safety Code is amended
and renumbered to read:
131105. The department shall examine and may prevent the
pollution of sources of public domestic water and ice supply.
SEC. 27. Section 100210 of the Health and Safety Code is amended
and renumbered to read:
131110. The department shall maintain a program of Drinking Water
and Environmental Management.
SEC. 28. Section 100215 of the Health and Safety Code is amended
and renumbered to read:
131115. The department may maintain a mental health service that
shall advise and assist local departments of health and education in
the establishment of mental health services, particularly in
connection with maternal and child health conferences and in the
schools of the state.
The department may conduct these activities as may be required in
the development of mental health services as related to public
health.
This section does not authorize any form of compulsory medical or
physical examination, treatment, or control of any person.
SEC. 29. Section 100225 of the Health and Safety Code is amended
and renumbered to read:
131125. The department shall enforce Section 383b of the Penal
Code.
SEC. 30. Section 100230 of the Health and Safety Code is amended
and renumbered to read:
131130. (a) Any person who willfully sells, keeps for sale, or
offers for sale any food, drug, device, or cosmetic knowing, after a
written notice from either (1) a manufacturer, wholesaler,
distributor, or importer, or (2) the department or a local health
officer that the product linked to an outbreak of illness, injury, or
product tampering is being ordered removed from sale by the
department pursuant to Section 131080, shall, upon conviction, be
punished by a fine of not less than two thousand dollars ($2,000) nor
more than ten thousand dollars ($10,000) for each day of violation,
or by imprisonment in the county jail for not more than one year, or
by both a fine and imprisonment.
(b) If a second or subsequent violation is committed after a
previous conviction under this section has become final, the person
shall be punished by a fine of not less than five thousand dollars
($5,000) nor more than twenty-five thousand dollars ($25,000) for
each day of violation, or by imprisonment in the state prison, or by
both a fine and imprisonment.
(c) Notwithstanding any other provision of law, the court may
suspend the minimum fines provided for in this section if it
determines that there are circumstances in mitigation and the court
states on the record its reasons for suspending the minimum fine.
SEC. 31. Section 100235 of the Health and Safety Code is amended
and renumbered to read:
131135. Whenever any person violates any provision of Section
131130, the court may, as a condition of probation, order the
defendant to pay, in lieu of any fine, any expenses, both direct and
indirect, incurred by a local health department or the department in
monitoring compliance with the order pursuant to Section 131080,
including, but not limited to, the costs of conducting inspections
and imposing embargoes. The total costs payable to the department and
local health departments collectively imposed pursuant to this
section shall not exceed the maximum fine for the offense of which
the defendant is convicted.
Any amount collected under this section shall be paid to the local
health department incurring the expenses or, if to reimburse costs
of the department, into the General Fund.
SEC. 32. Section 109277 of the Health and Safety Code is amended
to read:
109277. (a) Every person or entity who owns or operates a health
facility or a clinic, or who is licensed as a physician and surgeon
and rents or owns the premises where his or her practice is located,
shall cause a sign or notice to be posted where a physician and
surgeon performs breast cancer screening or biopsy as an outpatient
service, or in a reasonably proximate area to where breast cancer
screening or biopsy is performed. A sign or notice posted at the
patient registration area of the health facility, clinic, or
physician and surgeon's office shall constitute compliance with this
section.
(b) The sign or notice shall read as follows:
"BE INFORMED"
"If you are a patient being treated for any form of breast cancer,
or prior to performance of a biopsy for breast cancer, your physician
and surgeon is required to provide you a written summary of
alternative efficacious methods of treatment, pursuant to Section
109275 of the California Health and Safety Code." "The information
about methods of treatment was developed by the State Department of
Public Health to inform patients of the advantages, disadvantages,
risks, and descriptions of procedures."
(c) The sign shall be not less than eight and one-half inches by
11 inches and shall be conspicuously displayed so as to be readable.
The words "BE INFORMED" shall not be less than one-half inch in
height and shall be centered on a single line with no other text. The
message on the sign shall appear in English, Spanish, and Chinese.
SEC. 33. Section 109282 of the Health and Safety Code is amended
to read:
109282. (a) Every person or entity who owns or operates a health
facility or a clinic, or who is licensed as a physician and surgeon
and rents or owns the premises where his or her practice is located,
shall cause a sign or notice to be posted where prostate cancer
screening or treatment is performed by any physician and surgeon, or
in a reasonably proximate area to where prostate cancer screening or
treatment is performed. A sign or notice posted at the patient
registration area of the health facility, clinic, or physician and
surgeon's office shall constitute compliance with this section.
(b) The sign or notice shall read as follows:
"BE INFORMED"
"If you are a patient being treated for any form of prostate cancer,
or prior to performance of a biopsy for prostate cancer, your
physician and surgeon is urged to provide you a written summary of
alternative efficacious methods of treatment, pursuant to Section
109280 of the California Health and Safety Code." "The information
about methods of treatment was developed by the State Department of
Public Health to inform patients of the advantages, disadvantages,
risks, and descriptions of procedures."
(c) The sign shall be not less than eight and one-half inches by
11 inches and shall be conspicuously displayed so as to be readable.
The words "BE INFORMED" shall not be less than one-half inch in
height and shall be centered on a single line with no other text. The
message on the sign shall appear in English, Spanish, and Chinese.
(d) Subject to future, regular production and replacement
schedules from the implementation of the act adding this subdivision,
these signs and notices shall include the Internet Web site address
of the State Department of Public Health and the Medical Board of
California, and a notice regarding the availability of updated
prostate cancer summaries on these Web sites.
SEC. 34. Division 112 (commencing with Section 131000) is added to
Part 1 of Chapter 1 of the Health and Safety Code, to read:
DIVISION 112. PUBLIC HEALTH
PART 1. GENERAL PROVISIONS
CHAPTER 1. Organization of the State Department of Public
Health
131000. There is in the California Health and Human Services
Agency a State Department of Public Health.
131005. (a) There is in state government an executive officer
known as the State Public Health Officer, who shall be appointed by
the Governor, subject to confirmation by the Senate, and hold office
at the pleasure of the Governor. The State Public Health Officer
shall receive the annual salary provided by Article 1 (commencing
with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2
of the Government Code.
(b) The State Public Health Officer shall serve as the director
of, and have control over, the State Department of Public Health.
(c) Any statutory reference to "director," "the Director of Health
Services," "the Director of Public Health," or the "Director of the
State Department of Public Health," regarding a function transferred
to the State Department of Public Health pursuant to Chapter 2
(commencing with Section 131050), is deemed to, instead, refer to the
State Public Health Officer.
(d) Any statutory reference to "department" or "state department"
regarding a function transferred to the State Department of Public
Health pursuant to Chapter 2 (commencing with Section 131050), shall
refer to the State Department of Public Health.
(e) The director shall be a licensed physician and surgeon
pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of
the Business and Professions Code, who has demonstrated medical,
public health, and management experience.
131006. Upon recommendation of the director, the Governor may
appoint, not to exceed, two chief deputies of the State Department of
Public Health who shall hold office at the pleasure of the Governor.
The salaries of the chief deputies shall be fixed in accordance with
law.
131010. The director shall have the powers of a head of the
department pursuant to Chapter 2 (commencing with Section 11150) of
Part 1 of Division 3 of Title 2 of the Government Code.
131020. All officers or employees of the department employed
after July 1, 2007, shall be appointed by the director.
CHAPTER 2. General Powers of the Department
Article 1. General Provisions
131050. (a) As set forth in this article, the State Department of
Public Health shall succeed to and be vested with all the duties,
powers, purposes, functions, responsibilities, and jurisdiction of
the former State Department of Health Services as they relate to
public health, licensing and certification of health facilities, and
any other functions performed immediately preceding the operative
date of this section by, or under the supervision of, all of the
following:
(1) The Deputy Director for Prevention Services of the former
State Department of Health Services, excluding the Office of Clinical
Preventive Medicine.
(2) The Deputy Director for Licensing and Certification.
(3) The Deputy Director for Health Information and Strategic
Planning.
(4) The Deputy Director for Public Health Emergency Preparedness.
(5) The California Conference of Local Health Officers.
(6) The Deputy Director for Primary Care and Family Health as
follows: Maternal, Child and Adolescent Health as set forth in Part 2
excluding Articles 5, 5.5, 6, and 6.5 of Chapter 3, Part 3, Part 5
excluding Articles 1 and 2 of Chapter 2, Part 7 and Part 8, of
Division 106.
(b) It is the intent of the Legislature that, in implementing this
article, the duties, powers, purposes, and responsibilities
transferred to the State Department of Public Health shall include
those formerly performed by the programs of the former State
Department of Health Services set forth in this article, provided,
however, that nothing in this article shall be construed to require
that the State Department of Public Health be organized according to
programs described in this article, or to limit the authority or
discretion of the State Public Health Officer pursuant to Section
11152 of the Government Code to organize the State Department of
Public Health, unless that organization is otherwise required by law.
Nothing in this article shall be construed to require that the State
Department of Public Health maintain, or refrain from terminating,
any program described in this article except to the extent that
maintenance of the program is otherwise required by law. Nothing in
this article shall be construed to limit or expand the authority of
any program described in this article.
131051. The duties, powers, functions, jurisdiction, and
responsibilities transferred to the State Department of Public Health
shall, pursuant to the act that added this section, include all of
the following previously performed by the former State Department of
Health Services:
(a) Under the jurisdiction of the Deputy Director for Prevention
Services:
(1) The Office of AIDS, including but not limited to:
(A) The AIDS Drug Assistance Program (Chapter 6 (commencing with
Section 120950) of Part 4 of Division 105).
(B) The AIDS Early Intervention Program (Chapter 4 (commencing
with Section 120900) of Part 4 of Division 105).
(C) The CARE Services Program, provided for pursuant to the
federal Ryan White CARE Act, 42 U.S.C. Section 300ff.
(D) The CARE/Health Insurance Premium Payment Program (federal
Ryan White CARE Act, 42 U.S.C. Sec. 300ff).
(E) The Housing Opportunities for Persons with AIDS Program
(Section 100119).
(F) The Residential AIDS Licensed Facilities Program (former
Section 100119; Chapter 2 (commencing with Section 120815) of Part 4
of Division 105).
(G) The AIDS Case Management Program (federal Ryan White CARE Act,
42 U.S.C. Sec. 300ff; Chapter 2 (commencing with Section 120815) of
Part 4 of Division 105).
(H) The AIDS Medi-Cal Waiver Program (former Section 100119; 42
U.S.C. Sec. 1396n(c)).
(I) The Bridge Project (former Section 100119).
(J) The HIV Therapeutic Monitoring Program (Chapter 16 (commencing
with Section 121345) of Part 4 of Division 105).
(K) The Learning Immune Function Enhancement program (former
Section 100119).
(L) The San Ysidro Prevention Project (Section 113019).
(M) The California Statewide Treatment Education Program (former
Section 100119).
(N) The HIV
Counseling and Testing Program (Section 113019).
(O) The Neighborhood Intervention Geared Toward High-Risk Testing
program (former Section 100119).
(P) The Perinatal Transmission Prevention Project (Section
113019).
(Q) The California AIDS Clearinghouse (Section 113019).
(R) The California Disclosure Assistance and Partner
Services/Partner Counseling and Referral Services (Section 113019).
(S) The African-American HIV Initiative (Section 113019; Chapter
13.7 (commencing with Section 120290) of Part 4 of Division 105).
(T) The Injection Drug User HIV Testing Utilizing Hepatitis C
Testing High-Risk Initiative (Section 113019).
(U) The Prevention with Positives High-Risk Initiative (Section
113019).
(V) The Statewide Technical Assistance Initiatives (Section
113019).
(W) The HIV/AIDS Case Registry (Sections 113019, 120125, and
120130).
(2) The Office of Binational Border Health, including, but not
limited to, all of the following:
(A) The California-Mexico Health Initiative (Part 3 (commencing
with Section 475) of Division 1).
(B) The Early Warning Infectious Disease Surveillance Program
(Chapter 2 (commencing with Section 1250) of Division 2; Chapter 2
(commencing with Section 120130) of Part 1 of Division 105).
(3) The Division of Communicable Disease Control, including, but
not limited to, all of the following:
(A) The Infant Botulism Treatment and Prevention Program (Article
2.5 (commencing with Section 123700) of Chapter 3 of Part 2 of
Division 106).
(B) The Sexually Transmitted Disease Control Program (Part 3
(commencing with Section 120500) of Division 105).
(C) The Infectious Disease Program (Chapter 2 (commencing with
Section 120130) of Part 1 of Division 105).
(D) The Bioterrorism Epidemiology Program.
(E) The Vector Borne Disease (Part 11 (commencing with Section
116100) of Division 104).
(F) The Tuberculosis Control Program (Part 5 (commencing with
Section 121350) of Division 105).
(G) The Microbial Diseases Laboratory (Chapter 2 (commencing with
Section 100250) of Division 101).
(H) The Viral and Rickettsial Disease Laboratory (Chapter 2
(commencing with Section 100250) of Division 101).
(I) The West Nile Human Surveillance Program (Chapter 2
(commencing with Section 116110) of Part 11 of Division 104).
(J) The Immunization Program (Part 2 (commencing with Section
120325) of Division 105).
(K) The Vaccines for Children Program (Part 2 (commencing with
Section 120325) of Division 105).
(4) The Division of Chronic Disease and Injury Control, including,
but not limited to, all of the following:
(A) The IMPACT Prostate Cancer Treatment Program (Chapter 7
(commencing with Section 104322) of Part 1 of Division 103).
(B) The Every Woman Counts program (Breast and Cervical Cancer
Screening Program) (Article 1.3 (commencing with Section 104150) of
Chapter 2 of Part 1 of Division 103; Section 30461.6 of the Revenue
and Taxation Code).
(C) The Well-Integrated Screening and Evaluation for Women Across
the Nation Demonstration Project (Article 1.3 (commencing with
Section 104150) of Chapter 2 of Part 1 of Division 103).
(D) The California Nutrition Network (Chapter 2 (commencing with
Section 104575) of Part 3 of Division 103).
(E) The Cancer Research Program (Article 2 (commencing with
Section 104175) of Chapter 2 of Part 1 of Division 103).
(F) The Translational Cancer Research and Technology Transfer
Program (Article 2 (commencing with Section 104175) of Chapter 2 of
Part 1 of Division 103).
(G) The Ken Maddy California Cancer Registry (Chapter 2
(commencing with Section 103875) of Part 2 of Division 102).
(H) The California Osteoporosis Prevention and Education Program
(Chapter 1 (commencing with Section 125700) of Part 8 of Division
106).
(I) The Preventive Health Care for the Aging Program (Part 4
(commencing with Section 104900) of Division 103).
(J) The California Arthritis Prevention Program (former Section
100185).
(K) The Office of Oral Health (Chapter 3 (commencing with Section
104750) of Part 3 of Division 103).
(L) The Children's Dental Disease Prevention Program (Article 3
(commencing with Section 104770) of Chapter 3 of Part 3 of Division
103).
(M) The Community Water Fluoridation Program (Article 3.5
(commencing with Section 116409) of Chapter 4 of Part 12 of Division
104).
(N) The California Asthma Public Health Initiative (Chapter 6.5
(commencing with Section 104316) of Part 1 of Division 103).
(O) The California Obesity Prevention Initiative (Chapter 2
(commencing with Section 104575) of Part 3 of Division 103).
(P) The School Health Connections program (Chapter 2 (commencing
with Section 104575) of Part 3 of Division 103).
(Q) The California Project LEAN (Chapter 2 (commencing with
Section 104575) of Part 3 of Division 103).
(R) The California Center for Physical Activity (Section 131085).
(S) The California Diabetes Program (Section 131085).
(T) The Preventive Medicine Residency Program (Section 131090).
(U) The California Epidemiologic Investigation Service (Article 4
(commencing with Section 100325) of Chapter 2 of Part 1 of Division
101).
(V) The Continuing Professional Education Program (Section
131090).
(W) The Injury Surveillance and Epidemiology Program (Part 2
(commencing with Section 104325) of Division 103).
(X) The State and Local Injury Control Program (Chapter 1
(commencing with Section 104325) of Part 2 of Division 103).
(Y) The Office on Disability and Health (former Section 100185).
(Z) The Alzheimer's Disease Program (Article 4 (commencing with
Section 125275) of Chapter 2 of Part 5 of Division 106).
(AA) The California Tobacco Control Program (Chapter 1 (commencing
with Section 104350) of Part 3 of Division 103).
(5) The Division of Drinking Water and Environmental Management,
including, but not limited to, all of the following:
(A) The Medical Waste Management Program (Part 14 (commencing with
Section 117600) of Division 104).
(B) The Department of Defense Oversight Program (Radiologic
Guidance and Approvals) (Part 9 (commencing with Section 114650) of
Division 104).
(C) The Nuclear Emergency Response Program (Part 9 (commencing
with Section 114650) of Division 104).
(D) The Institutions Program (Environmental Surveys) (Article 5
(commencing with Section 116025) of Chapter 5 of Part 10 of Division
104).
(E) The Drinking Water Field Management program (Chapter 4
(commencing with Section 116270) of Part 12 of Division 104).
(F) The Environmental Health Specialist Registration Program
(Article 1 (commencing with Section 106600) of Chapter 4 of Part 1 of
Division 104).
(G) The Sanitation and Radiation Laboratory (Article 2 (commencing
with Section 100250) of Chapter 2 of Part 1 of Division 101);
Chapter 4 (commencing with Section 116270) of Part 12 of Division
104).
(H) The Radon Program (Chapter 7 (commencing with Section 105400)
of Part 5 of Division 103; Chapter 4 (commencing with Section 116270)
of Part 12, and Article 2 (commencing with Section 106750) of
Chapter 4 of Part 1, of Division 104).
(I) The Shellfish Sanitation Program (Chapter 5 (commencing with
Section 112150) of Part 6 of Division 104).
(J) The Ocean Beach Safety Programs (Article 2 (commencing with
Section 115875) of Chapter 5 of Part 10 of Division 104).
(K) The Bioterrorism Planning and Response for Drinking Water,
Medical Waste, and Environmental Health program (Article 6
(commencing with Section 101315) of Chapter 3 of Part 3 of Division
101).
(L) The Safe Drinking Water State Revolving Fund (Chapter 4.5
(commencing with Section 116760) of Part 12 of Division 104).
(M) The Drinking Water Technical Programs (Chapter 4 (commencing
with Section 16270) of Part 12 of Division 104; Chapter 4.5
(commencing with Section 116760) of Part 12 of Division 104; Article
3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division
104; Chapter 5 (commencing with Section 116775) of Part 12 of
Division 104; Chapter 5 (commencing with Section 115825) of Part 10
of Division 104; Chapter 7 (commencing with Section 13500) of
Division 7 of the Water Code; Section 13411 of the Water Code).
(N) The Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 (Proposition 50) (Division 26.5 (commencing
with Section 79500) of the Water Code).
(6) The Division of Environmental and Occupational Disease
Control, including, but not limited to, all of the following:
(A) The California Birth Defect Monitoring Program (Chapter 1
(commencing with Section 103825) of Part 2 of Division 102).
(B) The Childhood Lead Poisoning Prevention Program (Chapter 5
(commencing with Section 105275) of Part 5 of Division 103; Article 7
(commencing with Section 124125) of Chapter 3 of Part 2 of Division
106.
(C) The Lead Related Construction Program (Chapter 4 (commencing
with Section 105250) of Part 5 of Division 103).
(D) The Epidemiology Studies Laboratory (Sections 25416, former
Section 100170, Section 100325, and Section 104324.25).
(E) The Center for Autism and Developmental Disabilities Research
and Epidemiology (former Section 100170).
(F) The Cancer Cluster/Environmental Investigations (former
Section 100170).
(G) The Toxic Mold Program (Chapter 18 (commencing with Section
26100) of Division 20).
(H) The Federal Agency for Toxic Substances and Disease Registry
Health Assessments, Education and Investigations program (former
Section 100170).
(I) The Fish Contamination Outreach and Education program (former
Section 100170).
(J) The Air Pollution and Cardiovascular Disease in the California
Teachers Study Cohort Project (former Section 100170).
(K) The Delta Watershed Fish Project (outreach, education, and
training to reduce exposures to mercury in fish) (former Section
100170).
(L) The Environmental Health Laboratory (former Section 100170;
Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of
Division 101).
(M) The Indoor Air Quality program (Chapter 7 (commencing with
Section 105400) of Part 5 of Division 103).
(N) The Outdoor Air Quality program (Section 60.9 of the Labor
Code).
(O) The Laboratory Response Network for Chemical Terrorism program
(former Section 100170; Article 2 (commencing with Section 100250)
of Chapter 2 of Part 1 of Division 101).
(P) The Air Quality and Human Monitoring Support Program (former
Section 100170).
(Q) The Hazard Evaluation System and Information Service Program
(Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of
Division 103; Section 147.2 of the Labor Code).
(R) The Occupational Health Surveillance and Evaluation Program
(Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of
Division 103).
(S) The Occupational Lead Poisoning Prevention Program (Article 2
(commencing with Section 105185) of Chapter 2 of Part 5 of Division
103).
(T) The Occupational Blood Lead Registry (Article 2 (commencing
with Section 105185) of Chapter 2 of Part 5 of Division 103).
(7) The Division of Food, Drug and Radiation Safety, including,
but not limited to, all of the following:
(A) The Drug Licensing Program (Article 6 (commencing with Section
111615) of Chapter 6 of Part 5 of Division 104).
(B) The Consumer Product Safety Program (Part 3 (commencing with
Section 108100) of Division 104).
(C) The Export Program (Article 2 (commencing with Section 110190)
of Chapter 2 of Part 5 of Division 104).
(D) The Food Safety Inspection Program (Part 5 (commencing with
Section 109875) and Part 6 (commencing with Section 111940) of
Division 104).
(E) The Foodborne Illness and Tampering Emergency Response Program
(Part 5 (commencing with Section 109875) of Division 104).
(F) The Retail Food Safety Program (Part 7 (commencing with
Section 113700) of Division 104).
(G) The Food Safety Industry Education and Training Program
(pursuant to Section 110485).
(H) The Medical Device Licensing Program (Article 6 (commencing
with Section 111615) of Chapter 6 of Part 5 of Division 104).
(I) The Medical Device Safety Program (Part 5 (commencing with
Section 109875) of Division 104).
(J) The Stop Tobacco Access to Kids Enforcement Program (STAKE)
(Division 8.5 (commencing with Section 22950) of the Business and
Professions Code).
(K) The Food and Drug Laboratory (Chapter 2 (commencing with
Section 100250) of Division 101).
(L) The Drug Safety Program (Part 4 (commencing with Section
109250) and Part 5 (commencing with Section 109875) of Division 104).
(M) The General Food Safety Program (Part 5 (commencing with
Section 109875) and Part 6 (commencing with Section 111940) of
Division 104).
(N) The Food Testing Program (Chapter 2 (commencing with Section
100250) of Division 101).
(O) The Forensic Alcohol Testing Program (Article 2 (commencing
with Section 100700) of Chapter 4 of Part 1 of Division 101).
(P) The Methadone Laboratory Regulating Program (Article 2
(commencing with Section 11839.23) of Chapter 10 of Part 2 of
Division 10.5).
(Q) The Radiologic Health Program (Part 9 (commencing with Section
114650) of Division 104).
(R) The Mammography Program (Chapter 6 (commencing with Section
114840) of Part 9 of Division 104).
(S) The Radioactive Materials Licensing and Inspection Program
(Chapter 8 (commencing with Section 114960) of Part 9 of Division
104).
(T) The Radiological Technologist Certification Program (Article 5
(commencing with Section 106955) of Part 1, and Article 3
(commencing with Section 114855) of Chapter 6 of Part 9 of Division
104).
(U) The Radioactive Waste Tracking Program (Chapter 8 (commencing
with Section 114960) of Part 9 of Division 104).
(V) The Radioactive Waste Minimization Program (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104).
(W) The Low Level Radioactive Waste Management, Treatment and
Disposal Program (Chapter 8 (commencing with Section 114960) of Part
9 of Division 104).
(X) The Statewide Environmental Radiation Monitoring Program
(pursuant to Section 114755).
(Y) The Department of Energy Oversight Program (Part 9 (commencing
with Section 114650) of Division 104).
(Z) The X-Ray Machine Inspection and Registration and Mammography
Quality Standards Act Inspection Program (Article 5 (commencing with
Section 106955) of Part 1, and Article 3 (commencing with Section
114855) of Chapter 6 of Part 9 of Division 104).
(8) The Deputy Director for Laboratory Science, including, but not
limited to, all of the following:
(A) The Environmental Laboratory Accreditation Program (Article 3
(commencing with Section 100825) of Chapter 4 of Part 1 of Division
101).
(B) The Laboratory Central Services Program (Article 2 (commencing
with Section 100250) of Chapter 2 of Part 1 of Division 101).
(C) The National Laboratory Training Network (Section 131085).
(D) The Laboratory Field Services program (Chapter 3 (commencing
with Section 1200) of Division 2 of the Business and Professions
Code).
(b) Under the jurisdiction of the Deputy Director for Licensing
and Certification:
(1) The General Acute Care Hospitals Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
(2) The Acute Psychiatric Hospitals Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
(3) The Special Hospitals Licensing Program (Chapter 2 (commencing
with Section 1250) of Division 2).
(4) The Chemical Dependency Recovery Hospitals Licensing Program
(Chapter 2 (commencing with Section 1250) of Division 2).
(5) The Skilled Nursing Facilities Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
(6) The Intermediate Care Facilities Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
(7) The Intermediate Care Facilities-Developmentally Disabled
Licensing Program (Chapter 2 (commencing with Section 1250) of
Division 2).
(8) The Intermediate Care Facilities-Developmentally
Disabled-Habilitative Licensing Program (Chapter 2 (commencing with
Section 1250) of Division 2).
(9) The Intermediate Care Facility-Developmentally
Disabled-Nursing Licensing Program (Chapter 2 (commencing with
Section 1250) of Division 2).
(10) The Home Health Agencies Licensing Program (Chapter 8
(commencing with Section 1725) of Division 2).
(11) The Referral Agencies Licensing Program (Chapter 2.3
(commencing with Section 1400) of Division 2).
(12) The Adult Day Health Centers Licensing Program (Chapter 3.3
(commencing with Section 1570) of Division 2).
(13) The Congregate Living Health Facilities (Chapter 2
(commencing with Section 1250) of Division 2).
(14) The Psychology Clinics Licensing Program (Chapter 1
(commencing with Section 1200) of Division 2).
(15) The Primary Clinics--Community and Free Licensing Program
(Chapter 1 (commencing with Section 1200) of Division 2).
(16) The Specialty Clinics--Rehab Clinics Licensing Program
(Chapter 1 (commencing with Section 1200) of Division 2).
(17) The Dialysis Clinics Licensing Program (Chapter 1 (commencing
with Section 1200) of Division 2).
(18) The Pediatric Day Health/Respite Care Licensing Program
(Chapter 2 (commencing with Section 1250) of Division 2).
(19) The Alternative Birthing Centers Licensing Program (Chapter 1
(commencing with Section 1200) of Division 2).
(20) The Hospice Licensing Program (Chapter 2 (commencing with
Section 1339.30) of Division 2).
(21) The Correctional Treatment Centers Licensing Program (Chapter
2 (commencing with Section 1250) of Division 2).
(22) The Medicare/Medi-Cal Certification Program (Chapter 7
(commencing with Section 14000) of Part 3 of Division 9 of the
Welfare and Institutions Code).
(23) The Nursing Home Administrator Professional Certification
Program (Chapter 2.35 (commencing with Section 1416) of Division 2).
(24) The Certified Nursing Assistants Professional Certification
Program (Chapter 2 (commencing with Section 1337) of Division 2).
(25) The Home Health Aides Professional Certification Program
(Chapter 8 (commencing with Section 1725) of Division 2).
(26) The Hemodialysis Technicians Professional Certification
Program (Chapter 3 (commencing with Section 1247) of Division 2 of
the Business and Professions Code; Chapter 10 (commencing with
Section 1794) of Division 2).
(27) The Criminal Background Clearance Program (Chapter 2
(commencing with Section 1337), Chapter 3 (commencing with Section
1520), Chapter 3.01 (commencing with Section 1569.15), Chapter 3.4
(commencing with Section 1496.80) of Division 2, and Chapter 4
(commencing with Section 11150) of Division 8).
(c) Under the jurisdiction of the Deputy Director for Health
Information and Strategic Planning:
(1) The Refugee Health Program (Subpart G of Part 400 of Title 45
of the Code of Federal Regulations).
(2) The Office of County Health Services (Article 5 (commencing
with Section 101300) of Chapter 3 of Part 3 of Division 101; Part 4.7
(commencing with Section 16900) of Division 9 of the Welfare and
Institutions Code).
(3) The Medically Indigent Services Program (Article 5 (commencing
with Section 101300) of Chapter 3 of Part 3 of Division 101).
(4) The Office of Vital Records (Part 1 (commencing with Section
102100) of Division 102).
(5) The Office of Health Information and Research (Article 1
(commencing with Section 102175) of Chapter 2 of Part 1 of Division
102; Section 128730).
(6) The Local Public Health Services Program (Article 5
(commencing with Section 101300) of Chapter 3 of Part 3 of Division
101).
(7) The Center for Health Statistics (Part 1 (commencing with
Section 102100) of Division 102; Section 128730).
(8) The Medical Marijuana Program (Article 2.5 (commencing with
Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety
Code).
(d) Under the jurisdiction of the Deputy Director for Primary Care
and Family Health:
(1) The Maternal, Child and Adolescent Health program (Part 2
(commencing with Section 123225) of Division 106).
(2) The Adolescent Family Life Program (Article 1 (commencing with
Section 124175) of Chapter 4 of Part 2 of Division 106).
(3) The Advanced Practice Nurse Training program (Part 2
(commencing with Section 123225) of Division 106).
(4) The Black Infant Health Program (Part 2 (commencing with
Section 123225) of Division 106).
(5) The Breastfeeding Program (Article 3 (commencing with Section
123360) of Chapter 1 of Part 2 of Division 6).
(6) The California Diabetes and Pregnancy Program (Part 2
(commencing with Section 123225) of Division 106).
(7) The California Initiative to Improve Adolescent Health (Part 2
(commencing with Section 123225) of Division 106).
(8) The Childhood Injury Prevention Program (Article 4 (commencing
with Section 100325) of Chapter 2 of Division 101).
(9) The Comprehensive Perinatal Services Program (Article 3
(commencing with Section 123475) of Chapter 2 of Part 2; Section
14134.5 of the Welfare and Institutions Code).
(10) The Fetal and Infant Mortality Review Program (Article 1
(commencing with Section 123650) of Chapter 3 of Part 2 of Division
106).
(11) The Human Stem Cell Research Program (Chapter 3 (commencing
with Section 125290.10) of Part 5 of Division 106; Chapter 1
(commencing with Section 125300) of Part 5.5 of Division 106).
(12) The Local Health Department Maternal, Child and Adolescent
Health Program (Section 123255).
(13) The Maternal Mortality Review Program (Article 4 (commencing
with Section 100325) of Chapter 2 of Division 101).
(14) The Oral Health Program (Part 2 (commencing with Section
123225) of Division 106).
(15) The Preconception Health and Health Care Initiative (Part 2
(commencing with Section 123225) of Division 106).
(16) The Regional Perinatal Programs of California (Article 4
(commencing with Section 123550) of Chapter 2 of Part 2 of Division
106).
(17) The Perinatal Dispatch Centers Outreach and Education Program
(Article 4 (commencing with Section 123750) of Chapter 3 of Part 2
of Division 106).
(18) The State Early Childhood Comprehensive Services program
(Part 2 (commencing with Section 123225) of Division 106).
(19) The Sudden Infant Death Syndrome Program (Article 3
(commencing with Section 123725) of Chapter 3 of Part 2 of Division
106).
(20) The Youth Pilot Program (Chapter 12.85 (commencing with
Section 18987) of Part 6 of Division 9 of the Welfare and
Institutions Code).
(21) The Office of Family Planning (Chapter 8.5 (commencing with
Section 14500) of Part 3 of Division 9 of the Welfare and
Institutions Code; Division 24 (commencing with Section 24000) of the
Welfare and Institutions Code).
(22) The Community Challenge Grant Program (Section 14504.1 of the
Welfare and Institutions Code, and Chapter 14 (commencing with
Section 18993) of Part 6 of Division 9 of the Welfare and
Institutions Code).
(23) The Information and Education Program (Section 14504.3 of the
Welfare and Institutions Code).
(24) The Family PACT Program (Sections 14132(aa) and 24005 of the
Welfare and Institutions Code).
(25) The Male Involvement Program (Section 14504 of the Welfare
and Institutions Code).
(26) The TeenSMART Outreach Program (Section 14504.2 of the
Welfare and Institutions Code).
(27) The Battered Women Shelter Program (Chapter 6 (commencing
with Section 124250) of Part 2 of Division 106).
(28) The Women, Infants and Children Program (Article 1
(commencing with Section 123275) of Chapter 1 of Part 2 of Division
106).
(29) The WIC Supplemental Nutrition Program (Article 1 (commencing
with Section 123275) of Chapter 1 of Part 2 of Division 106).
(30) The Farmers Market Nutrition Program (Section 123279).
(31) Genetic Disease Program (Chapter 1 (commencing with Section
124975) of Part 5 of Division 106).
(32) The Newborn Screening Program (Chapter 1 (commencing with
Section 124975) of Part 5 of Division 106).
(33) The Prenatal Screening Program (Chapter 1 (commencing with
Section 124975) of Part 5 of Division 106).
131052. In implementing the transfer of jurisdiction pursuant to
this article, the State Department of Public Health succeeds to and
is vested with all the statutory duties, powers, purposes,
responsibilities, and jurisdiction of the former State Department of
Health Services as they relate to public health as provided for or
referred to in all of the following provisions of law:
(1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5, 2249,
2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037, 4191,
19059.5, 19120, 22950, 22973.2, and 22974.8 of the Business and
Professions Code.
(2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code.
(3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241, 49030,
49405, 49414, 49423.5,49452.6, 49460, 49464, 49565, 49565.8,
49531.1, 56836.165, and 76403 of the Education Code.
(4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486 of
the Food and Agricultural Code.
(5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909 of
the Family Code.
(6) Sections 217.6, 1507, 1786, 4011, 5671, 5674, 5700, 5701,
5701.5, 7715, and 15700 of the Fish and Game Code.
(7) Sections 855, 51010, and 551017.1 of the Government Code. For
purposes of subdivision (s) of Section 6254 of the Government Code,
the term "State Department of Health Services" is here-by deemed to
refer to the State Department of Public Health.
(8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457, 1505,
1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87, 2002,
2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24, 11839.25,
11839.26, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32,
11839.33, 11839.34, 17920.10, 17961, 18897.2, 24185, 24186, 24187,
24275, 26101, 26122, 26134, 26155, 26200, and 26203.
(B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4,
4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2.
(C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of
Part 1, Part 2 and Part 3 of Division 101.
(D) Division 102, including Sections 102230 and 102231.
(E) Division 103, including Sections 104145, 104160, 104181,
104182, 104182.5, 104187, 104191, 104324.2, 104324.25, 104350,
105191, 105251, 105255, 105280, 105340, and 105430.
(F) Division 104, including Sections 106615, 106675, 106770,
108115, 108855, 109282, 109910, 109915, 112155, 112500, 112650,
113355, 114460, 114475, 114650, 114710, 114850, 114855, 114985,
115061, 115261, 115340, 115736, 115880, 115885, 115915, 116064,
116183, 116270, 116365.5, 116366, 116375, 116610, 116751, 116760.20,
116825, 117100, 117924, and 119300.
(G) Division 105, including Sections 120262, 120381, 120395,
120440, 120480, 120956, 120966, 121155, 121285, 121340, 121349.1,
121480, 122410, and 122420.
(H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of
Chapter 3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2,
Part 7, and Part 8 of Division 106.
(9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10,
10123.184, and 11520 of the Insurance Code.
(10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1,
6359, 6712, 9009, and 9022 of the Labor Code.
(11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515, 7518,
7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990 of the Penal
Code.
(12) Section 4806 of the Probate Code.
(13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830, 43210,
43308, 44103, and 71081 of the Public Resources Code.
(14) Section 10405 of the Public Contract Code.
(15) Sections 883, 1507, and 7718 of the Public Utilities Code.
(16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863,
30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code.
(17) Section 11020 of the Unemployment Insurance Code.
(18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle
Code.
(19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909, and
Division 24 of the Welfare and Institutions Code. Payment for
services provided under the Family Planning, Access, Care, and
Treatment (Family PACT) Waiver Program pursuant to subdivision (aa)
of Section 14132 and Division 24 shall be made through the State
Department of Health Care Services. The State Department of Public
Health and the State Department of Health Care Services may enter
into an interagency agreement for the administration of those
payments.
(20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392, 13392.5,
13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528, 13529,
13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554, 13554.2,
13816, 13819, 13820, 13823, 13824, 13825, 13827, 13830, 13834, 13835,
13836, 13837, 13858, 13861, 13862, 13864, 13868, 13868.1, 13868.3,
13868.5, 13882, 13885, 13886, 13887, 13891, 13892, 13895.1, 13895.6,
13895.9, 13896, 13896.3, 13896.4, 13896.5, 13897, 13897.4, 13897.5,
13897.6, 13898, 14011, 14012, 14015, 14016, 14017, 14019, 14022,
14025, 14026, 14027, and 14029 of the Water Code.
131053. In the event of any conflict between Sections 131050,
131051, and 131052, Section 131052 shall prevail over Section 131051,
and Section 131050 shall prevail over Sections 131051 and 131052.
131055. (a) All regulations and orders adopted by the former
State Department of Health Services and any of its predecessors in
effect immediately preceding the operative date of this section shall
remain in effect and shall be fully enforceable unless and until
readopted, amended, or repealed, or until they expire by their own
terms. Any action by or against the former State Department of Health
Services or any of its predecessors pertaining to matters vested in
the State Department of Public Health by this chapter shall not abate
but shall continue in the name of the State Department of Public
Health, and the State Department of Public Health shall be
substituted for the former State Department of Health Services and
any of its predecessors by the court wherein the action is pending.
The substitution shall not in any way affect the rights of the
parties to the action.
(b) On and after the operative date of this section, the
unexpended balance of all funds available for use by the former State
Department of Health Services or any of its predecessors in carrying
out any functions transferred to the State Department of Public
Health shall be available for use by the State Department of Public
Health.
(c) All books, documents, records, and property of the former
State Department of Health Services pertaining to functions
transferred to the Department of Public Health shall be transferred
to the State Department of Public Health.
(d) On and after the operative date of this section, positions
other than that of the State Public Health Officer and the Chief
Deputy filled by appointment by the Governor in the former State
Department of Health Services whose principal assignment was to
perform functions transferred to the State Department of Public
Health shall be transferred to the State Department of Public Health.
Individuals in positions transferred pursuant to this section shall
serve at the pleasure of the Governor. Salaries of positions
transferred shall remain at the level established pursuant to law
unless otherwise provided.
(e) Every officer and employee of the former State Department of
Health Services who is performing a function transferred to the State
Department of Public Health and who is serving in the state civil
service, other than as a temporary employee, shall be transferred to
the State Department of Public Health pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of any officer or employee of the former State Department of
Health Services shall not be affected by the transfer and shall be
retained by the person as an officer or employee of the State
Department of Public Health, as the case may be, pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to a
position that is exempt from civil service.
131056. The department may commence and maintain all proper and
necessary actions and proceedings for any or all of the following
purposes:
(a) To enforce its regulations.
(b) To enjoin and abate nuisances dangerous to health.
(c) To compel the performance of any act specifically enjoined
upon any person, officer, or board, by any law of this state relating
to the public health.
(d) To protect and preserve the public health.
It may defend all actions and proceedings involving its powers and
duties. In all actions and proceedings it shall sue and be sued
under the name of the department.
131057. With the approval of the Department of Finance, and for
use in the furtherance of the work of the department, the director
may accept (a) grants of interest in real property, and (b) gifts of
money from public agencies or from organizations or associations
organized for scientific, educational, or charitable purposes.
Article 2. Regulatory Authorization and Review
131200. The department may adopt and enforce regulations for the
execution of its duties.
131205. Notwithstanding any other provision of law, the
department shall submit all of its regulations on matters related to
statutory responsibilities delegated to or enforced by local health
departments, except emergency regulations, to the California
Conference of Local Health Officers for review and comment prior to
adoption. If the department deems it appropriate to implement the
proposed regulations or parts thereof, contrary to the
recommendations of the conference, the department shall make a public
finding summarizing the reasons for acting contrary to these
recommendations.
131210. The department, after consultation with and approval by
the Conference of Local Health Officers, shall by regulation
establish standards of education and experience for professional and
technical personnel employed in local health departments and for the
organization and operation of the local health departments. These
standards may include standards for the maintenance of records of
services, finances, and expenditures, that shall be reported to the
director in a manner and at times as the director may specify.
131215. (a) When a dispute arises as to the interpretation or
enforcement of regulations of the department that are being enforced
by a city, county, city and county, or district, a request for
clarification or interpretation may be submitted to the department.
The department shall make a determination of the proper
interpretation and required enforcement when so requested by a party
to the dispute.
(b) In making its determination, the department may conduct a
hearing where all interested parties may present relative comments or
arguments.
(c) Determinations of the department made pursuant to this section
shall be transmitted to the concerned local agency and the involved
party or parties within 60 days after the receipt of the request. The
determination of the department shall be binding upon the local
agency and the parties subject to the regulations of the department,
except when the matter may be subject to judicial review.
131220. Notwithstanding any other provision of law, but to the
extent consistent with applicable federal law or regulation, the
director may, after a request by a board of supervisors of an
affected county and after a public hearing held in accordance with
Section 11346 of the Government Code, waive regulations pertaining to
the provision of hospital services in a hospital operated by a
county or under contract to a county for a county with a population
of 200,000 or less on January 1, 1980, if the director makes a
finding that the waiver would not affect adversely the health and
safety of persons in the county. The authority contained in this
section shall be in addition to, and shall not supersede or limit,
any other provision of law authorizing the waiver by the department
of requirements contained in regulations adopted by the department
relating to health facilities.
131225. (a) Notwithstanding any other provision of law, the
department by regulation may provide for the issuance and renewal on
a two-year basis of licenses, certificates of registration, or other
indicia of authority issued pursuant to this code by the department.
(b) The department may by regulation set the fee for the two-year
license, certificate of registration, or other indicia, not to exceed
twice the annual fee for issuance or renewal set by statute.
CHAPTER 3. Public Health Advisory Committee
131230. (a) The director shall convene a Public Health Advisory
Committee to provide expert advice and make recommendations on the
development of policies and programs that seek to prevent illness and
promote the public's health.
(b) The advisory committee shall include representatives from a
broad cross section of public health stakeholders which may include
academia, biotechnology, business, community based organizations,
emergency services, local government, health departments, medicine,
nursing, public health laboratories, social marketing, consumers, and
other sectors of the public health community.
(c) The advisory committee shall consist of 15 members. The
Governor shall appoint nine members, the Speaker of the Assembly
three members, and Senate Committee on Rules three members. All
appointees shall have experience or background working in a part of
the broad cross section of public health stakeholders identified in
subdivision (b).
(d) Committee members shall serve on a voluntary basis and shall
not receive any compensation.
(e) The advisory committee shall identify strategies to improve
public health program effectiveness, identify emerging public health
issues, and make recommendations, as necessary, on programs and
policies to improve the health and safety of Californians.
(f) The committee shall be under the direction of the director
and shall be advisory in character and shall not be delegated any
administrative authority or responsibility.
(g) The advisory committee shall convene twice per year, and may
convene more often, if necessary, to provide expert advice to the
department. Meetings of the committee shall be open to the public and
shall comply with applicable open meeting laws.
(h) The director or his or her designee shall serve as chair of
the public health advisory committee. Nothing in this section shall
be construed as preventing or restricting the State Public Health
Officer from creating other advisory committees to advise the
director with regard to other issues and problems.
(i) This chapter shall remain in effect only until June 30, 2011,
and as of that date is repealed, unless a later enacted statute
extends or deletes that date.
SEC. 35. (a) No contract, lease, license, bond, or any other
agreement to which the former State Department of Health Services or
any of its predecessors are a party shall be void or voidable by
reason of this act, but shall continue in full force and effect, with
the renamed State Department of Health Care Services and the newly
formed State Department of Public Health assuming all of the rights,
obligations, liabilities, and duties of the former State Department
of Health Services and any of its predecessors as relates to the
duties, powers, purposes, responsibilities, and jurisdiction vested
by this act in each of the resulting departments. The assumption by
each department shall not in any way affect the rights of the parties
to the contract, lease, license, or agreement. Bonds issued by the
former State Department of Health Services or any of its predecessors
on or before the operative date of this section related to the
duties, powers, purposes, responsibilities, and jurisdiction vested
by this act in the renamed State Department of Health Care Services
or in the newly formed State Department of Public Health, shall
become the indebtedness of the State Department of Health Care
Services or of the State Department of Public Health, as they relate
to responsibilities assigned to each resulting department. Any
ongoing obligations or responsibilities of the former State
Department of Health Services for managing and maintaining these bond
issuances shall be transferred to the newly formed State Department
of Public Health or retained by the renamed State Department of
Health Care Services, as appropriate, without impairment to any
security contained in the bond instrument.
(b) The renamed State Department of Health Care Services retains
and is vested with, all the duties, powers, purposes,
responsibilities, and jurisdiction of the former State Department of
Health Services with respect to all duties, powers, purposes,
responsibilities, and jurisdiction not transferred to the State
Department of Public Health.
(c) All officers and employees of the former State Department of
Health Services who are serving in the state civil service, other
than as temporary employees assigned to programs, not transferred to
the State Department of Public Health shall be retained by the
renamed State Department of Health Care Services. The status,
positions, and rights of those persons shall not be affected by the
renaming and shall be retained by those persons as officers and
employees of the renamed department, pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code), except as to positions exempt from
the civil service.
(d) The State Department of Health Care Services shall have
possession and control of all records, papers, offices, equipment,
supplies, moneys, funds, appropriations, licenses, permits,
agreements, contracts, claims, judgments, land, and other property,
real or personal, connected with the administration of, or held for,
the benefit or use of the former State Department of Health Services,
with respect to the functions that were not transferred to the State
Department of Public Health pursuant to this act.
(e) Any regulation or other action, adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, responsibility, or authorization
transferred by the act adding this section shall remain in effect and
shall be deemed to be a regulation or action of the agency or
officer to whom the program, duty, responsibility, or authorization
is assigned pursuant to this act.
(f) No suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty,
responsibility, or authorization transferred or reassigned by this
act, shall abate by reason of the transfer or assigning of the
program, duty, responsibility, or authorization under this act.
SEC. 36. (a) The reorganization of the former State Department of
Health Services pursuant to Sections 1 to 35, inclusive, shall be
budget neutral; that is, it is the intent of the Legislature not to
provide state funding for the State Department of Public Health and
the State Department of Health Care Services in excess of the total
state funding previously appropriated to the former State Department
of Health Services, with possible caseload and inflation adjustments.
(b) The reorganization shall be implemented without the additional
appropriation of state funds. However, the Legislature finds and
declares that to implement this act, funding adjustments may be
required to align appropriation authority and to provide for
anticipated expenditures to the appropriate funding sources.
(c) The annual budget for the State Department of Public Health
and State Department of Health Care Services shall be proposed and
considered in the process for review of the annual Budget Act.
SEC. 37. Sections 1 to 35, inclusive, of this act shall become
operative on July 1, 2007.
SEC. 38. (a) The Office of Change Management is hereby established
within the State Department of Health Services.
(b) In order to implement this act, the State Department of Health
Services may redirect the positions and resources necessary to
operate the Office of Change Management. Prior to July 1, 2007, the
Office of Change Management shall be responsible for planning and
guiding the implementation of transition activities associated with
reorganizing the functions of the State Department of Health Services
pursuant to this act.
(c) This section shall be operative only until July 1, 2007, and
as of that date is repealed.
SEC. 39. Any section of any act, other than the act for the
maintenance of the codes, enacted by the Legislature during the 2006
calendar year that takes effect on or before January 1, 2007, and
that amends, amends and renumbers, adds, repeals and adds, or repeals
a section that is amended, amended and renumbered, added, repealed
and added, or repealed by this act, shall prevail over the amendment,
amendment and renumbering, addition, repeal and addition, or repeal
of that section by this act whether that act is enacted prior to, or
subsequent to, the enactment of this act.