BILL NUMBER: SB 1360	ENROLLED
	BILL TEXT

	PASSED THE SENATE   JULY 29, 1995
	PASSED THE ASSEMBLY   JULY 28, 1995
	AMENDED IN ASSEMBLY   JULY 14, 1995

INTRODUCED BY  Committee on Health and Human Services (Senators
Watson (Chair), Hughes, Maddy, Mello, Polanco, and Solis)

                        MAY 8, 1995

   An act to amend Section 1290 of, to add Section 27 to, to add
Division 101 (commencing with Section 100100), Division 102
(commencing with Section 102100), Division 103 (commencing with
Section 104100), Division 104 (commencing with Section 106500),
Division 105 (commencing with Section 120100), Division 106
(commencing with Section 123100), and Division 107 (commencing with
Section 127000) to, to repeal Sections 26, 850, 1250.9, 1250.10, and
1260 of, to repeal Article 1 (commencing with Section 200), Article
1.5 (commencing with Section 225), Article 1.7 (commencing with
Section 230), Article 1.7 (commencing with Section 235), Article 1.8
(commencing with Section 242), Article 1.9 (commencing with Section
246.1), Article 2 (commencing with Section 248), Article 2.1
(commencing with Section 275, Article 2.4 (commencing with Section
283), Article 2.6 (commencing with Section 289), Article 2.9
(commencing with Section 295), Article 3 (commencing with Section
300), Article 3.1 (commencing with Section 309.7), Article 3.2
(commencing with Section 309.100), Article 3.3 (commencing with
Section 310), Article 3.4 (commencing with Section 320), Article 3.45
(commencing with Section 324.7), Article 3.5 (commencing with
Section 325), Article 3.6 (commencing with Section 340), Article 3.7
(commencing with Section 349), Article 4 (commencing with Section
350), Article 4.5 (commencing with Section 360), Article 4.6
(commencing with Section 372), Article 5 (commencing with Section
374), Article 5.5 (commencing with Section 380), Article 5.7
(commencing with Section 390), Article 6 (commencing with Section
400), Article 6.1 (commencing with Section 402), Article 6.5
(commencing with Section 405), Article 7 (commencing with Section
410), Article 7.2 (commencing with Section 412), Article 7.7
(commencing with Section 417), Article 7.8 (commencing with Section
418), Article 8 (commencing with Section 420), Article 8.1
(commencing with Section 421), Article 8.5 (commencing with Section
423), Article 8.7 (commencing with Section 424.10), Article 9.5
(commencing with Section 426), Article 10 (commencing with Section
427), Article 10.2 (commencing with Section 427.10), Article 11
(commencing with Section 428), Article 13 (commencing with Section
429.11), Article 13.1 (commencing with Section 429.13), Article 14.5
(commencing with Section 429.35), and Article 15 (commencing with
Section 429.40), Article 16 (commencing with Section 429.50), Article
17 (commencing with Section 429.60), Article 18 (commencing with
Section 429.70), Article 18.5 (commencing with Section 429.90),
Article 19 (commencing with Section 429.94, and Article 20
(commencing with Section 429.994) of Chapter 2 of Part 1 of Division
1 of, to repeal Article 8 (commencing with Section 1630) of Chapter 4
of Division 2 of, to repeal Chapter 1 (commencing with Section 100),
Chapter 1.4 (commencing with Section 140), Chapter 1.5 (commencing
with Section 150), Chapter 1.7 (commencing with Section 175), Chapter
1.8 (commencing with Section 185), Chapter 1.85 (commencing with
Section 188), Chapter 1.9 (commencing with Section 190), Chapter 1.10
(commencing with Section 195), Chapter 1.11 (commencing with Section
199.20), Chapter 1.12 (commencing with Section 199.30), Chapter 1.13
(commencing with Section 199.42), Chapter 1.14 (commencing with
Section 199.45), Chapter 1.15 (commencing with Section 199.55),
Chapter 1.16 (commencing with Section 199.70), Chapter 1.17
(commencing with Section 199.81), Chapter 1.19 (commencing with
Section 199.86), Chapter 1.20 (commencing with Section 199.95),
Chapter 3 (commencing with Section 430) of, Chapter 4 (commencing
with Section 436), and Chapter 5 (commencing with Section 436.50) of
Part 1 of Division 1 of, to repeal Chapter 1 (commencing with Section
450), Chapter 2 (commencing with Section 600), Chapter 3 (commencing
with Section 700), Chapter 6 (commencing with Section 954), Chapter
7 (commencing with Section 1000), Chapter 7.5 (commencing with
Section 1010), and Chapter 8 (commencing with Section 1100) of Part 2
of Division 1 of, to repeal Chapter 7 (commencing with Section 1700)
of Division 2 of, to repeal Chapter 2 (commencing with Section
1800), Chapter 3 (commencing with Section 1900), Chapter 4
(commencing with Section 2100), Chapter 5.5 (commencing with Section
2425), and Chapter 9 (commencing with Section 2950) of Division 3 of,
to repeal Chapter 6.5 (commencing with Section 5474.20) of Part 3 of
Division 5 of, to repeal Chapter 1 (commencing with Section 15000)
of Division 12.5 of, to repeal Chapter 1.5 (commencing with Section
19010) of Part 3 of Division 13 of, to repeal Chapter 1 (commencing
with Section 24000), Chapter 1.2 (commencing with Section 24160),
Chapter 1.5 (commencing with Section 24180), Chapter 3 (commencing
with Section 24380), Chapter 3.5 (commencing with Section 24385),
Chapter 4 (commencing with Section 24400), Chapter 4.3 (commencing
with Section 24425), Chapter 4.5 (commencing with Section 24450),
Chapter 5 (commencing with Section 24800), Chapter 6 (commencing with
Section 25000), Chapter 6.1 (commencing with Section 25015), Chapter
6.99 (commencing with Section 25572), Chapter 7 (commencing with
Section 25600), Chapter 7.1 (commencing with Section 25620), Chapter
7.2 (commencing with Section 25625), Chapter 7.3 (commencing with
Section 25650), Chapter 7.4 (commencing with Section 25660), Chapter
7.5 (commencing with Section 25700), Chapter 7.6 (commencing with
Section 25800), Chapter 7.7 (commencing with Section 25880), Chapter
7.8 (commencing with Section 25882), Chapter 7.9 (commencing with
Section 25884), Chapter 8 (commencing with Section 25895), Chapter 9
(commencing with Section 25898), Chapter 10 (commencing with Section
25900), Chapter 10.2 (commencing with Section 25906), Chapter 10.5
(commencing with Section 25920), Chapter 10.7 (commencing with
Section 25930), Chapter 10.8 (commencing with Section 25940), Chapter
11 (commencing with Section 25950), Chapter 12 (commencing with
Section 25960), Chapter 12.7 (commencing with Section 25967), Chapter
13 (commencing with Section 25970), Chapter 13.7 (commencing with
Section 25989.500), Chapter 14 (commencing with Section 25990),
Chapter 14.5 (commencing with Section 25995), and Chapter 14.7
(commencing with Section 25996.950) of Division 20 of, to repeal Part
1.5 (commencing with Section 437.01), Part 1.8 (commencing with
Section 443), Part 1.85 (commencing with Section 444), Part 1.95
(commencing with Section 446), Part 1.96 (commencing with Section
447.70), Part 1.97 (commencing with Section 448), Part 3 (commencing
with Section 1170), Part 3.5 (commencing with Section 1175), Part 6
(commencing with Section 1180), Part 6.9 (commencing with Section
1189.101), and Part 7 (commencing with Section 1190) of Division 1
of, to repeal Part 1 (commencing with Section 3700) and Part 2
(commencing with Section 4100) of Division 5 of, to repeal Division
2.3 (commencing with Section 1795), Division 4 (commencing with
Section 3000), Division 9 (commencing with Section 10000), Division
9.5 (commencing with Section 10800), Division 9.7 (commencing with
Section 10900), Division 10.1 (commencing with Section 11670),
Division 17 (commencing with Section 23000), Division 21 (commencing
with Section 26000), and Division 22 (commencing with Section 27000)
of, the Health and Safety Code, relating to reorganization of the
Health and Safety Code.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1360, Committee on Health and Human Services.  Reorganization
of the Health and Safety Code: public health.
   Existing law sets forth in the Health and Safety Code various
provisions relating to health and safety.  Existing law requires the
State Director of Health Services to conduct a comprehensive review
of the statutes governing the protection of the public health as
principally embodied in that code.
   This bill would repeal existing provisions of the Health and
Safety Code relating to public health and reenact those provisions
into 7 new divisions in the Health and Safety Code for the purpose of
reorganizing the public health component of the Health and Safety
Code and would make other technical changes.
   This bill would state the intent of the Legislature to reorganize
and clarify portions of the Health and Safety Code and thereby
facilitate its administration.  It would further state the
Legislature's intent that the changes made to the Health and Safety
Code, as reorganized by this bill, have only technical and
nonsubstantive effect.
   This bill would state the finding of the Legislature that the
reorganization of the Health and Safety Code pursuant to this bill,
in view of the nonsubstantive statutory changes made, will not result
in new or additional costs to local agencies.
   This bill would provide that any section of any act, other than
the code maintenance act (SB 975), enacted in 1995 that takes effect
on or before January 1, 1996, 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.


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


  SECTION 1.  Section 27 is added to the Health and Safety Code, to
read:
   27.  For purposes of this code:
   (a) "Communicable Disease Prevention and Control Act" means
Sections 104730, 104830 to 104860, inclusive, 113150, 113155, Part 1
(commencing with Section 120100) of, Chapter 1 (commencing with
Section 120325, but excluding Section 120380) of Part 2 of, Part 3
(commencing with Section 120500) of, and Part 5 (commencing with
Section 121350) of, Division 105.
   (b) "Hereditary Disorders Act" means Article 1 (commencing with
Section 124975) of Chapter 1 of Part 5 of Division 106, and Sections
125050, 125055, 125060, and 125065.
   (c) "Maternal and Child Health Program Act" means Section 120380,
Chapter 4 (commencing with Section 103925) of Part 2 of Division 102,
Article 4 (commencing with Section 116875) of Chapter 5 of Part 12
of Division 104, Article 1 (commencing with Section 123225) of
Chapter 1 of Part 2 of Division 106, Article 2 (commencing with
Section 125000) of Chapter 1 of Part 5 of Division 106, and Sections
125075 to 125110, inclusive.
   (d) "Miscellaneous Food, Food Facility, and Hazardous Substances
Act" means Chapter 4 (commencing with Section 108100), Chapter 6
(commencing with Section 108675), and Chapter 7 (commencing with
Section 108750) of Part 3 of, Chapter 3 (commencing with Section
111940), Chapter 4 (commencing with Section 111950), Chapter 5
(commencing with Section 112150), Chapter 6 (commencing with Section
112350), Chapter 7 (commencing with Section 112500), Chapter 8
(commencing with Section 112650), Chapter 9 (commencing with Section
112875), Chapter 10 (commencing with Section 113025), and Article 3
(commencing with Section 113250) of Chapter 11, of Part 6 of, and
Chapter 4 (commencing with Section 113700) of Part 7 of, Division
104.
   (e) "Primary Care Services Act" means Chapter 1 (commencing with
Section 124400), Chapter 2 (commencing with Section 124475), Chapter
3 (commencing with Section 124550), Chapter 4 (commencing with
Section 124575), Chapter 5 (commencing with Section 124600), Chapter
6 (commencing with Section 124800), and Article 1 (commencing with
Section 124875) of Chapter 7 of, Part 4 of Division 106.
   (f) "Radiologic Technology Act" means Sections 106965 to 107120,
inclusive, and Chapter 6 (commencing with Section 114840) of Part 9
of Division 104.
  SEC. 2.  Section 1290 of the Health and Safety Code is amended to
read:
   1290.  (a) Except as provided in subdivision (b) or (c), any
person who violates this chapter or Section 127050 or 128600, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter or Section 127050 or 128600 is guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not to exceed
one thousand dollars ($1,000) or by imprisonment in the county jail
for a period not to exceed 180 days, or by both the fine and
imprisonment.
   (b) Any person who violates Section 1286 is guilty of an
infraction and shall be punished by a fine of not more than one
hundred dollars ($100).
   (c) Any person who willfully or repeatedly violates this chapter
or Chapter 2.4 (commencing with Section 1417), excluding Sections
1425 and 1432, or any rule or regulation adopted under this chapter,
relating to the operation or maintenance of a long-term health care
facility as defined in Section 1418, is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not to  exceed
two thousand five hundred dollars ($2,500) or by imprisonment in the
county jail for a period not to exceed 180 days, or by both.
   In determining the punishment to be imposed upon a conviction
under this subdivision, the court shall consider all relevant facts,
including, but not limited to, the following:
   (1) Whether the violation exposed the patient to the risk of death
or serious physical harm.
   (2) Whether the violation had a direct or immediate relationship
to the health, safety, or security of the patient.
   (3) Evidence, if any, of willfulness.
   (4) The number of repeated violations.
   (5) The presence or absence of good faith efforts by the defendant
to prevent the violation.
   (d) For the purposes of this section, "willfully" or "willful"
means the person doing an act or omitting to do an act intends the
act or omission, and knows the relevant circumstances connected
therewith.
  SEC. 3.  Division 101 (commencing with Section 100100) is added to
the Health and Safety Code to read:

      DIVISION 101.  ADMINISTRATION OF PUBLIC HEALTH
      PART 1.  CALIFORNIA DEPARTMENT OF HEALTH SERVICES
      CHAPTER 1.  ORGANIZATION OF THE DEPARTMENT

   100100.  There is in the state government in the Health and
Welfare Agency, a State Department of Health Services.
   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.
   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.
   100110.  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.
   100115.  There is in the department a Division of Rural Health.
The division shall administer Chapter 3 (commencing with Section
124550) and Chapter 4 (commencing with Section 124575) of Part 4 of
Division 106, Section 101300, and Article 1 (commencing with Section
124600) of Chapter 5 of Part 4 of Division 106.
   100117.  The Legislature finds and declares all of the following:

   (a) The AIDS pandemic continues to devastate California.  Over
44,000 Californians have died of AIDS since 1981, and it is estimated
that one out of every 200 Californians is infected with HIV, the
virus believed to cause AIDS.  Education remains the best tool to
prevent the ongoing spread of HIV.
   (b) The seroprevalence rate of HIV-infected persons is increasing
dramatically in some groups.  The incidence rate among women, people
of color, at-risk youth, substance abusers, rural residents and their
sexual partners is increasing, as is the rate of infection among gay
and bisexual men, especially in urban areas.  It is clear that
targeted financial resources must be directed to conduct effective
HIV education and risk reduction.
   (c) Many AIDS service providers, community-based organizations,
and other advocacy groups lack the technical assistance necessary for
them to access public and private grant moneys to serve their
clients.
   (d) In addition to prevention education efforts, there are
additional unmet financial needs in the war against HIV infection and
AIDS.  These unmet needs include, but are not limited to, care and
treatment of those with HIV, expanded medical and social behavioral
research, funding for HIV antibody testing at both anonymous and
confidential test sites throughout California, housing and financial
assistance for those with HIV and their families, and mental health
programs for people with HIV and those at risk for contracting AIDS.

   (e) Numerous state agencies and departments conduct HIV-related
programs, including the State Department of Health Services, the
State Department of Social Services, the Department of Corrections,
the State Department of Alcohol and Drug Programs, the State
Department of Education, the State Department of Mental Health, the
Department of the Youth Authority, and the University of California.
Coordination of the various state funded programs will enhance the
service delivery of HIV-related programs to Californians in need.
   (f) An evaluation of state prevention and education efforts was
conducted by the Institute for Health Policy Studies at the
University of California, San Francisco and published in March of
1993.  This report, entitled "HIV Prevention in California," noted
both positive achievements of state-run programs as well as
opportunities for improvement.  Among the primary recommendations of
the study was the need to legislatively identify the Office of AIDS
in the State Department of Health Services as the lead agency on HIV
and AIDS to ensure the goal of state program coordination.
   100119.  There is in the State Department of Health Services an
Office of AIDS.  The State Department of Health Services, 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 Health Services, 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 shall be deemed a reference to the Office of AIDS.
   100120.  All officers or employees of the department employed
after July 1, 1978, shall be appointed by the director.
   100125.  Notwithstanding any other provision of state law, the
department shall develop a proposal for consolidation of various
programs affecting the health of mothers and children.  The
department, in developing the proposal, shall consult with the State
Maternal Child and Adolescent Health Board, the California Conference
of Local Health Officers, the California State Association of
Counties, the Primary Care Clinic Advisory Committee, and other
organizations interested in health services for women and children,
as determined by the department, that shall assist it in identifying
waivers of state and federal requirements that would be necessary to
implement the proposal.  The proposal shall consider administrative
cost savings that may result from this consolidation.  The department
shall obtain waivers from state and federal requirements that the
department determines are necessary to make the proposal viable.  Any
problem in obtaining the waivers shall be reported to the
Legislature with the proposals.  The department shall submit its
proposal to the Legislature on or before January 1, 1984.  Programs
may include, but need not be limited to, the following:
   (a) California Children's Services.
   (b) WIC--Special Supplemental Food.
   (c) Child Health and Disability Prevention.
   (d) California Immunization Assistance Program.
   (e) Children and Youth Project.
   (f) Dental Disease Prevention.
   (g) Rural Health.
   (h) Indian Health.
   (i) Pediatric Renal Failure Centers.
   (j) Prepaid Health Plans.
   (k) Family Planning.
   (l) Infant Medical Dispatch Centers Program.
   (m) Childhood Lead Program.
   (n) Tuberculosis Control Program.
   (o) Venereal Disease.
   (p) SSI Disabled Children's Program.
   (q) Other maternal and child health programs, including, but not
limited to, the following:
   (1) Sickle Cell.
   (2) Prenatal Testing.
   (3) Tay Sachs.
   (4) Huntington's Disease.
   (5) Prenatal Access.
   (6) High Risk Followup.
   (7) O.B. Access.
   (8) Perinatal Health Clinics.
   (9) Primary Care Clinics.
   (10) Maternal and Child Health Grants.
   Consolidation may include combining two or more specialized
programs or the development of a single planning, evaluation,
budgeting and reporting process for two or more programs that share a
common target population.  The department may submit more than one
proposal for consolidation if two or more groupings of programs merit
consolidation.
   Each proposal shall be developed after a review by the department
of consolidation efforts proposed or developed by the counties.  In
the design of the proposal, the department shall consider how state
level plans may assist further development of these local efforts.
   The department shall consult with the Department of Finance to
develop a simplified budget and reporting format for programs that
are recommended for consolidation.
   The Department of Finance shall make modifications in the
California Fiscal Information System as it deems necessary to
accommodate the proposed program consolidation.
   The Office of Statewide Health Planning and Development shall
consult with the department with respect to the implementation of
this section.  The office shall incorporate recommendations for the
consolidation of maternal, child, and adolescent health services in
applicable policy plans adopted after January 1, 1983.
   100130.  Each state level consolidation proposal shall include
plans for the development of the following:
   (a) Common eligibility standards for programs included within the
consolidated proposal, or, if federal law requires different
eligibility standards for these programs, a common method for
determining eligibility.
   (b) A single form for the collection of necessary data from
individuals, or a uniform format shared by all programs included in
the consolidated proposal.
   (c) A single form for reporting service delivery to the state.
   (d) Shared plans, budgets, and fiscal accountability mechanisms,
including audit procedures.
   (e) Common intake points for services included in the consolidated
system, that include eligibility determination, referral services,
and follow through.
   (f) A unified case management system.
   (g) A method of determining the needs of, and developing services
for, special populations.
   (h) Implementation plans that propose solutions to any identified
significant barriers or gaps in service.
   100135.  The director may seek and grant waivers that the
department determines are reasonably necessary for the implementation
of the department's proposed consolidations.
   100140.  It is the intent of the Legislature that the duties and
responsibilities provided for in Sections 100125 and 100130 be
accomplished by utilizing existing staff resources, and that no
additional funding be provided other than that appropriated by the
Legislature in the annual Budget Act.

      CHAPTER 2.  GENERAL POWERS OF THE DEPARTMENT
      Article 1.  General Provisions

   100150.  The State Department of Health Services succeeds to and
is vested with all the duties, powers, purposes, responsibilities,
and jurisdiction of the State Department of Health as they relate to
public health, licensing and certification of health facilities,
except community care facility licensing to which the State
Department of Social Services succeeds, and any other functions
performed by the Division of Public Health of the State Department of
Health on July 1, 1978, unless the function is transferred to a
different state agency or department as a result of another provision
of the statutes of the 1977-78 Regular Session of the Legislature
amending this section.
   "State department," "department," or "State Department of Health"
as used in this code, except in Article 7.5 (commencing with Section
416) of Chapter 2 of Part 1 of Division 1 or as otherwise specified
in this code, means the State Department of Health Services.
   The Office of Statewide Health Planning and Development shall
assume the functions and responsibilities of the Facilities
Construction Unit of the former State Department of Health,
including, but not limited to, those functions and responsibilities
performed pursuant to the following provisions of law:  Sections
13113 and 127050; Article 1 (commencing with Section 129000) of
Chapter 1 of, and Chapter 2 (commencing with Section 129375) of, Part
6 of, and Part 7 (commencing with Section 129675) of, Division 107.

   100155.  The department may use the unexpended balance of funds
available for use in connection with the performance of the functions
of the State Department of Health to which the department has
succeeded pursuant to Section 100150.
   100160.  All officers and employees of the State Department of
Health heretofore performing any duty, power, purpose,
responsibility, or jurisdiction to which the department has
succeeded, who, on July 1, 1978, are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the department by Section 100150
shall be transferred to the department.  The status, positions, and
rights of these persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the
department, pursuant to the State Civil Service Act except as to
positions exempted from civil service.
   100165.  The department shall have possession and control of all
records, papers, officers, equipment, supplies, moneys, funds,
appropriations, land or other property, real or personal, held for
the benefit or use of any state agency whose functions are vested in
the department by Section 100150.
   100170.  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.
   100175.  The department may abate public nuisances.
   100180.  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.
   100185.  (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.
   100190.  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.

   100195.  The department shall cause special investigation of the
preparation and sale of drugs and food and their adulteration.
   100200.  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.
   100205.  The department shall examine and may prevent the
pollution of sources of public domestic water and ice supply.
   100210.  The department shall maintain a program of Drinking Water
and Environmental Management.
   100215.  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.
   100220.  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.
   100225.  The department shall enforce Section 383b of the Penal
Code.
   100230.  (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 100180, 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.
   100235.  Whenever any person violates any provision of Section
100230, 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 100180,
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.

      Article 2.  State Laboratories

   100250.  The department shall maintain a laboratory and branch
laboratories as may be necessary to perform the microbiological,
physical and chemical analyses required to meet the responsibilities
of the department.
   100255.  The department may prepare or purchase biological
products and distribute them at cost.

      Article 3.  Regulatory Authorization and Review

   100275.  (a) The department may adopt and enforce regulations for
the execution of its duties.
   (b) All regulations heretofore adopted by the department or its
predecessors relating to public health, the licensing and
certification of health facilities, except the licensing of community
care facilities, or any other function performed by the Division of
Public Health of the department, and in effect immediately preceding
July 1, 1978, shall remain in effect and shall be fully enforceable
unless and until readopted, amended, or repealed by the director or
as otherwise provided by Section 25 or other provisions of law.  This
subdivision shall not apply to any regulation relating to a function
transferred to a different state agency or department as a result of
another provision of the statutes enacted during the 1977-78 Regular
Session.
   100280.  (a) The director shall adopt emergency regulations
pursuant to Section 1267.7 implementing Chapter 327 of the Statutes
of 1982, effective July 1, 1983, in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.  The adoption of regulations shall be deemed to
be an emergency, and necessary for the immediate preservation of the
public peace, health and safety, or general welfare.
   (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, regarding
the duration of emergency regulations, any regulations adopted by any
state agency in order to implement this section, shall remain in
effect until June 30, 1984.
   100285.  (a) Notwithstanding Section 11346.1 of the Government
Code regarding the duration of emergency regulations, any regulations
adopted by the director pursuant to Section 100280 and in effect on
June 27, 1984, shall remain in effect until emergency regulations
adopted pursuant to subdivision (b) become effective.
   (b) The director shall adopt emergency regulations pursuant to
Section 1267.7, to be effective August 1, 1984, in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.  The adoption of the regulations
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
   (c) The director shall transmit emergency regulations adopted
pursuant to subdivision (b) directly to the Secretary of State for
filing, and the regulations shall become effective immediately upon
filing.
   (d) Upon completion of the formal regulation adoption process and
prior to the expiration of the 120-day duration period of emergency
regulations, the director shall transmit directly to the Secretary of
State for filing the adopted regulations, the rulemaking file, and
the certification of compliance, as required by subdivision (e) of
Section 11346.1 of the Government Code.
   (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, any
regulations adopted by the director pursuant to this section and any
documentation filed
  with those regulations shall not be subject to any review,
approval, disapproval, or repeal by the Office of Administrative Law.

   100290.  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.
   100295.  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.
   100300.  When a dispute arises as to the interpretation or
enforcement of regulations of the department that are being enforced
by a city, city and county, 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.
   In making its determination the department may conduct a hearing
where all interested parties may present relative comments or
arguments.
   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.
   100305.  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.

   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.
   100310.  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.


      Article 4.  Population, Public Health, and Environmental Study

   100325.  The department shall cause special investigations of the
sources of morbidity and mortality and the effects of localities,
employments, conditions and circumstances on the public health and
the department shall perform other duties as may be required in
procuring information for state and federal agencies regarding the
effects of these conditions on the public health.
   100330.  All records of interviews, written reports, and
statements procured by the department or by any other person, agency,
or organization acting jointly with the department, in connection
with special morbidity and mortality studies shall be confidential
insofar as the identity of the individual patient is concerned and
shall be used solely for the purposes of the study.  The furnishing
of this information to the department or its authorized
representative, or to any other co-operating individual, agency or
organization in any special study, shall not subject any person,
hospital, sanitarium, rest home, nursing home, or other organization
furnishing this information to any action for damages.  This section
shall not apply to general morbidity and mortality studies
customarily and continuously conducted by the department that do not
involve patient identification.
   Nothing in this section shall prohibit the publishing by the
department of statistical compilations relating to morbidity and
mortality studies that do not identify individual cases and sources
of information or religious affiliations.
   100335.  The department may do all of the following activities:
   (1) Make a continuing study of births, deaths, marriages, and
divorces, in order to provide a continuing analysis of trends to
state agencies and to the Legislature.
   (2) Request and receive demographic and population data from the
Department of Finance.
   (3) Make any additional collection of data necessary to describe
and analyze fertility, family formation and dissolution, abortion
practices, and other factors related to population dynamics, public
health, and the environment.
   (4) Assess the health, environmental, and related effects of
current and projected population.
   (5) Formulate recommendations for programs, consistent with
individual rights and the integrity of the environment, to respond to
projected trends.
   100340.  The department may report to the Legislature, on the
fifth calendar day of every second regular legislative session, on
its findings related to public health, the environment, and
population trends and distribution, and may make recommendations
concerning the consequences of projected growth and change pertinent
to the planning and legislative concerns of the state.

      CHAPTER 3.  ADDITIONAL ADMINISTRATIVE PROVISIONS
      Article 1.  Advance Payments to Small Contractors

   100350.  The Legislature finds that many programs of the
department are hindered by the length of time required for the state
to execute contracts and pay vendor claims.  These programs include,
but are not limited to, community hypertension, rural health services
development, family planning, genetic counseling, supplemental
feeding program for women, infants, and children, sickle cell disease
and newborn screening projects.  This hardship is particularly felt
by new or small community-based public or private nonprofit agencies
with modest reserves and cash-flow problems.  It is the intent of the
Legislature that advance payment authority be established for the
department in order to alleviate those problems for those types of
contractors to the extent possible.
   Notwithstanding any other provision of law, the department may, to
the extent funds are available, provide for advance payments for
services to be performed under any contract, with a total annual
contract amount of two hundred thousand dollars ($200,000) or less,
that the department determines has been entered into with any small,
community-based public or private nonprofit agency with modest
reserves and potential cash-flow problems.  These programs include,
but are not limited to, the following:
   (a) Community hypertension.
   (b) Genetic disease programs.
   (c) Supplemental feeding programs for women, infants and children.

   (d) Sickle cell disease.
   (e) Newborn screening projects.
   (f) Rural health programs.
   (g) Indian health programs.
   No advance payment or aggregate of advance payments made pursuant
to this section shall exceed 25 percent of the total annual contract
amount.  No advance payment should be made pursuant to this section
if the applicable federal law prohibits advance payment.

      Article 2.  Public Health Federal Fund

   100375.  The Public Health Federal Fund in the State Treasury is
hereby created.  All grants of money received by the state from the
United States, the expenditure of which is administered through or
under the direction of the department, shall, on order of the
Controller, be deposited in the Public Health Federal Fund.
   100380.  All money in the Public Health Federal Fund is hereby
appropriated to the department, without regard to fiscal years, for
expenditure for the purposes for which the money deposited therein is
made available by the United States.
   100385.  The department and the Controller shall keep a record of
the classes and sources of income deposited in, or transferred to,
the Public Health Federal Fund, and of the disbursements and
transfers therefrom.
   100390.  The Director of Finance and the Controller may approve
any general plan that meets the following requirements:
   (a) Any expenditures that are a proper charge against the money
made available by the United States and deposited in the Public
Health Federal Fund may be paid in the first instance from any
appropriation from the General Fund, expenditures from which are
administered through or under the direction of the department.
   (b) Any expenditures that are a proper charge against an
appropriation from any special fund in the State Treasury,
expenditures from which are administered through or under the
direction of the department, may be paid in the first instance from
any appropriation from the General Fund, expenditures from which are
administered through or under the direction of the department.
   (c) The General Fund shall be reimbursed for expenditures made
therefrom that are a proper charge against the Public Health Federal
Fund or against any appropriation from any special fund.
   Such a general plan may provide for advance transfers from the
Public Health Federal Fund to the General Fund, based on estimates of
expenditures that will be subject to reimbursement from the Public
Health Federal Fund pursuant to the plan, and may provide for
reimbursements to the Public Health Federal Fund, when necessary.
   Request for reimbursement or transfer pursuant to the plan shall
be furnished to the Controller in writing by the department,
accompanied by financial statements as the plan may provide; and on
order of the Controller, the required amount shall be transferred in
accordance with the plan.

      Article 3.  Special Deposit Funds

   100400.  All grants or donations of money received by the state
from sources other than the United States, the expenditure of which
is administered through or under the direction of the department,
shall, on order of the Controller, be deposited in the Special
Deposit Fund, subject to Article 2 (commencing with Section 16370) of
Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
  The Controller shall designate, by name, separate accounts within
the Special Deposit Fund covering the accountability for each class
of grant or donation deposited pursuant to this section; and the
department and the Controller shall keep a record of the classes and
sources of income deposited in, or transferred to, each of the
accounts in the Special Deposit Fund, and of the disbursements
therefrom.
   All moneys deposited in the Special Deposit Fund pursuant to this
section shall be available, without regard to fiscal years, for
expenditure for the purposes for which the money was made available
to the state.

      Article 4.  Fees or Charges for Issuance and Renewal of
Documents

   100425.  (a) The fees or charges for the issuance or renewal of
any permit, license, registration, or document pursuant to Sections
1639.5, 1676, 1677, 2202, 2805, 11887, 100720, 100860, 106700,
106890, 106925, 107080, 107090, 107095, 107160, 110210, 110470,
111130, 111140, 111630, 112405, 112510, 112750, 112755, 113060,
113065, 115035, 115065, 115080, 116205, 117923, 117995, 118045,
118210, and 118245 shall be adjusted annually by the percentage
change printed in the Budget Act for those items appropriating funds
to the department.  After the first annual adjustment of fees or
charges pursuant to this section, the fees or charges subject to
subsequent adjustment shall be the fees or charges for the prior
calendar year.  The percentage change shall be determined by the
Department of Finance, and shall include at least the total
percentage change in salaries and operating expenses of the state
department.  However, the total increase in amounts collected under
this section shall not exceed the total increased cost of the program
or service provided.
   (b) The department shall publish annually a list of the actual
numerical fee charges for each permit, license, certification, or
registration governed by this section.  This adjustment of fees and
publication of the fee list shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
   100430.  (a) The fees or charges for a record search or for the
issuance of any license, permit, registration, or any other document
pursuant to Sections 26832, 26840, and 26859 of the Government Code,
or Sections 102525, 102625, 102670, 102725, 102750, 103050, 103065,
103225, 103325, 103400, 103425, 103450, 103525, 103590, 103595,
103625, 103650, 103675, 103690, 103695, 103700, 103705, 103710,
103715, 103720, 103725, and 103730 of this code, may be adjusted
annually by the percentage change determined pursuant to Section
100425.
   The base amount to be adjusted shall be the statutory base amount
of the fee or charge plus the sum of the prior adjustments to the
statutory base amount.  Whenever the statutory base amount is
amended, the base amount shall be the new statutory base amount plus
the sum of adjustments to the new statutory base amount calculated
subsequent to the statutory base amendment.  The actual dollar fee or
charge shall be rounded to the next highest whole dollar.
   (b) Beginning January 1, 1983, the department shall annually
publish a list of the actual numerical fee charges as adjusted
pursuant to this section.  This adjustment of fees and the
publication of the fee list shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
   100435.  For the fee specified in Section 26840 of the Government
Code, the adjustment authorized by Section 100430 shall apply only to
the portion of the fee designated for the State Registrar of Vital
Statistics.  Any increase in this component of the fee shall be added
to the total fee authorized by Section 26840 of the Government Code.

   100440.  For the fee specified in subdivision (c) of Section
103625, the adjustment authorized by Section 100430 shall apply to
the additional fee charged to applicants other than public agency
applicants for certified copies of marriage or marriage dissolution
records, as well as to the other fees imposed by that section.
   100445.  (a) The fees or charges required to accompany an
application for the issuance or renewal of any license pursuant to
Sections 1403, 1575.9, and 1729 shall be adjusted annually,
commencing July 1, 1988, by the percentage change printed in the
Budget Act and determined by dividing the General Fund appropriation
to the Licensing and Certification Division in the current state
fiscal year by the General Fund appropriation to the Licensing and
Certification Division in the preceding state fiscal year.
Commencing July 1, 1988, the fees or charges subject to adjustment
pursuant to this subdivision shall be the fees or charges that would
have been payable in the prior calendar year without regard to the
provisions of subdivision (b).
   (b) The fees or charges required to accompany an application for
the issuance or renewal of any license pursuant to Section 1729 shall
also be adjusted annually, commencing July 1, 1988, by a percentage
determined by dividing the total amount of federal funds available
for home health agencies during the federal fiscal year ending on
September 30 of the year immediately preceding the effective date of
the change in fees, less federal funds available for home health
agencies for the federal fiscal year that began on October 1 of the
year immediately preceding the effective date of the change in fees,
by the total estimated revenue derived pursuant to Section 1729 for
the fiscal year beginning July 1 of the year immediately preceding
the effective date of the change in fees.
   (c) The department shall by July 1 of each year publish a list of
the actual numerical fee charges as adjusted pursuant to this
section.  This adjustment of fees and the publication of the fee list
shall not be subject to the requirements of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
   100450.  (a) The fees or charges required to accompany an
application for the issuance or renewal of any license pursuant to
Section 1300 of the Business and Professions Code or pursuant to
Section 1616 shall be adjusted annually by the percentage change
printed in the Budget Act and determined by dividing the General Fund
appropriation to Laboratory Field Services in the current state
fiscal year by the General Fund appropriation to Laboratory Field
Services in the preceding state fiscal year.  The fees or charges
subject to adjustment pursuant to this subdivision shall be the fees
or charges that would have been payable in the prior calendar year
without regard to the provisions of subdivision (c).
   (b) Commencing January 1, 1995, upon establishment of the Clinical
Laboratory Improvement Fund, the annual adjustment required under
subdivision (a) and printed in the annual Budget Act shall be
determined by dividing the current fiscal year appropriation to the
Clinical Laboratory Improvement Fund by the General Fund
appropriation to Laboratory Field Services of the State Department of
Health Services in the preceding fiscal year.  Thereafter, the
annual adjustment required by subdivision (a) and printed in the
annual Budget Act shall be determined by dividing the current fiscal
year appropriation to the Clinical Laboratory Improvement Fund by the
Clinical Laboratory Improvement Fund appropriation in the preceding
fiscal year.
   (c) The fees or charges shall also be adjusted annually by a
percentage determined by dividing the total amount of federal funds
available for all programs in Laboratory Field Services of the State
Department of Health Services during the federal fiscal year ending
on September 30 of the year immediately preceding the effective date
of the change in fees, less federal funds available for the federal
fiscal year which began on October 1 of the year immediately
preceding the effective date of the change in fees as indicated in
any grant award letter received from the federal Department of Health
and Human Services on or before November 1 of that federal fiscal
year, by the total estimated revenue derived pursuant to Section 1300
of the Business and Professions Code and Section 1616 for the fiscal
year beginning July 1 of the year immediately preceding the
effective date of the change in fees.
   (d) The department shall by January 1 of each year publish a list
of actual numerical fee charges as adjusted pursuant to this section.
  This adjustment of fees and the publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.

      Article 5.  Review of Statutes

   100475.  (a) The director shall conduct a comprehensive review of
the statutes governing the protection of the public health, as
principally embodied in this code.  The review shall be conducted by
the director in cooperation with county and city representatives and
the California Conference of Local Health Officers and shall produce
the following:
   (1) A list of those sections of law that should be deleted due to
ambiguity, conflict with other statutes, inappropriateness, or
obsolescence.
   (2) A reorganization by chapter and section for all public health
laws.
   (3) Recommendations regarding new or expanded legislation that
should be added to balance or provide equity, avoid conflict, or meet
defined needs.
   (4) A process to provide continuous review of public health
statutes and regulations to avoid obsolescence and identify need for
new legislation.
   (b) A report shall be submitted to the Legislature at the
conclusion of the review, but no later than April 1, 1993.  The
report shall address the objectives of the review, specified in
subdivision (a) and shall be jointly submitted by the director,
county and city representatives, and the California Conference of
Local Health Officers, with addendums as appropriate to further
explain the recommendations of any party.
      Article 6.  Richmond Laboratory and Office Facility

   100500.  (a) The Director of General Services may acquire real
property in order to construct a laboratory and office facility or
remodeling an existing facility in the City of Richmond, for the use
of the State Department of Health Services.
   (b) Revenue bonds, negotiable notes, and negotiable bond
anticipation notes may be issued by the State Public Works Board
pursuant to the State Building Construction Act of 1955 (Part 10b
(commencing with Section 15800) of Division 3 of Title 2 of the
Government Code) to finance the acquisition and construction of a new
laboratory and office facility, or remodeling of an existing
facility for the State Department of Health Services in the City of
Richmond.  The amount of the bonds plus the cost of equipment shall
not exceed fifty-four million five hundred thousand dollars
($54,500,000) as necessary for land acquisition including, but not
limited to, land needed for planned future expansion of the
laboratory and office facility, environmental studies, preliminary
plans, working drawings, construction, furnishings, equipment, and
all related betterments and improvements.  Notwithstanding Section
13332.11 of the Government Code, the State Public Works Board may
authorize the augmentation of the amount authorized under this
section for the project by an amount not to exceed 10 percent of the
amount appropriated for this project.
   (c) The State Public Works Board may borrow funds for project
costs from the Pooled Money Investment Account pursuant to Sections
16312 and 16313 of the Government Code.
   (d) The amount of revenue bonds, negotiable notes, or negotiable
bond anticipation notes to be sold shall equal the cost of
acquisition, including land, construction, preliminary plans, and
working drawings, construction management and supervision, other
costs relating to the design, construction, or remodeling 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.  At least 30 days
prior to the signing of the agreement for the acquisition,
construction, or remodeling of the Richmond facility pursuant to
subdivision (b), the State Director of Health Services and the
Director of General Services shall jointly report to the Joint
Legislative Budget Committee and the fiscal committees of each house
of the Legislature.  The report shall specify (1) the terms of the
proposed agreement, (2) how the acquisition, construction, or
remodeling will meet the needs of the State Department of Health
Services for laboratory facilities in the East Bay area, and (3)
implementation plans for the Richmond facility, including project
planning guides and cost estimates for the project.
   100505.  It is the intent of the Legislature to fully utilize
current state real property assets and to encourage joint land use
between public entities.  Therefore, it is the Legislature's intent
that the development of the State Department of Health Services'
laboratory and office facility, as authorized by Section 100500 occur
on property owned by the Regents of the University of California,
commonly known as the Richmond Field Station in Richmond, California.

   100510.  (a) Subject to the approval by the Regents of the
University of California and the Public Works Board, of a land
exchange agreement that is consistent with this section, a land
exchange shall occur in which the state-owned real property located
at 2151 Berkeley Way, Berkeley, shall be exchanged for real property
located on the University of California, Richmond Field Station,
owned by the Regents of the University of California, to allow the
department to construct a laboratory and office facility pursuant to
Section 100500 and planned future expansion to meet its programmatic
needs.
   (b) In exchange for no more than 11.5 acres on the northwest
corner of the Richmond Field Station, with the understanding that the
department shall negotiate with the regents for additional land to
provide whatever additional employee parking is necessary, and upon
vacating the property at 2152 Berkeley Way, the department shall
transfer title to the real property located at 2151 Berkeley Way,
Berkeley, to the Regents of the University of California under all of
the following conditions:
   (1) The department shall be responsible for the future demolition
of the building, and any other improvements, located at 2151 Berkeley
Way, Berkeley.  The demolition of this property shall begin within
six months of the department vacating the property 2152 Berkeley Way,
Berkeley and be completed with all due diligence but no later than
two years from the beginning date of demolition.
   (2) The department and the University of California shall each be
responsible for ensuring the property they exchange is free of
contamination to the extent provided by law.
   (3) The department shall consult with representatives of local
environmental organizations, the University of California at
Berkeley, and the City of Richmond regarding the site plan of the
laboratory and office facility on the Richmond Field Station to meet
the department's programmatic needs, and to resolve environmental
concerns on the property.
   (4) The sale of the department property located at 2002 Acton
Street, Berkeley, shall be commenced by the Department of General
Services on behalf of the department at the time the new laboratory
and office facility at the Richmond Field
              Station is occupied.  The sale of this property shall
be to a private entity causing the property to revert to the tax
rolls, with the proceeds deposited in the General Fund.
   (5) Within 12 months of the transfer of title of the property at
2151 Berkeley Way, Berkeley, the regents shall offer for sale, lease,
or exchange, for nontax exempt uses, that portion of the property
bounded on the west by Shattuck Avenue, on the south by Berkeley Way,
on the north by Hearst, and on the east by a marking of
approximately 135 feet from the west boundary of the property.  The
proceeds of the sale, lease, or exchange of this property shall be to
the credit of the Regents of the University of California.
   (c) The Regents of the University of California shall, by June 1,
1995, either preliminarily approve or disapprove the exchange of real
properties between the University of California and the department
as provided for in this section.  The regents, the Public Works
Board, and the department shall give final approval or disapproval of
the real property exchange as specified in this section within three
months of their receipt of final environmental documentation as
required by the California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code on the
department's project at the Richmond Field Station site.
   (d) In the event the City of Richmond should approve the
relocation of the railroad tracks currently located north of the
Richmond Field Station site, the city shall be responsible for
necessary mitigation measures to ensure that the relocation of the
railroad tracks does not negatively affect the scientific work and
studies being conducted by the department.
   (e) It is the intent of the Legislature that both parties receive
equal value as a result of the land exchange agreement described in
subdivision (a).  The determination of equal value shall be approved
by the Regents of the University of California and the State Public
Works Board prior to the final approval of the land exchange
agreement.
   (f) This section shall not apply to the University of California,
except to the extent that the Regents of the University of
California, by appropriate resolution, make it applicable.
   100515.  In the event the regents do not preliminarily approve
this project by June 1, 1995, or final approval is not forthcoming
from the Regents, the board, or the department after completion of
the final environmental documentation pursuant to Section 100510, the
department shall obtain property elsewhere in the City of Richmond
for the critically needed laboratory.  Upon completion of the new
department facility in Richmond, the property at 2151 Berkeley Way,
Berkeley, shall, as determined by the department, either:
   (a) Be retained by the department to meet additional facility
needs.  Any future development by the department of 2151 Berkeley
Way, Berkeley, shall, to the extent feasible, include joint use
between the department and the University of California Berkeley
School of Public Health.
   (b) Be sold to a private entity by the Department of General
Services on behalf of the department in order to cause the property
to revert to the tax rolls.  Any proceeds from the sale of 2151
Berkeley Way, Berkeley, shall be deposited in the General Fund.

      Article 7.  Contract Uniformity

   100525.  It is the Legislature's intent in enacting this article
to promote efficiency in the administration of multiple contracts
between nonprofit organizations and the divisions of the department
by requiring uniform provisions concerning fringe benefits.  Nothing
contained in this article shall be construed to mandate any personnel
policies, procedures, or fringe benefits as a condition of
contracting with the state.  In addition, this article shall not
supersede or amend any agreement that may have been entered into, or
may be entered into in the future, between a nonprofit corporation
and its employees, agents, or employee representative organization.

   100530.  Notwithstanding any other provision of law, the
department shall review the following categorical programs and
develop a procedure by which a contracting nonprofit organization is
notified at the execution of a contract of the terms and conditions
relating to the allowable costs associated with personnel, primary
care grants-in-aid, maternal and child health, family planning,
women, infant and children, dental disease prevention, child health
and disability prevention, California children's services, preventive
health care for the aging, rural health services, farmworker health
services, California health services corps, American Indian health
services, genetically handicapped programs, hypertension, perinatal
health services, immunization, adolescent family life, and other
programs that the department wishes to include within the scope of
this article.
   100535.  Nothing contained in this article shall conflict with any
mandate imposed by laws or regulations of the state or federal
government.
   100540.  The department shall take the steps necessary to achieve
uniformity among contracts.

      Article 8.  Consolidation of Contracts

   100550.  Notwithstanding any other provisions of state law or any
division in the allocation of funds in the Budget Act, the department
may, within its authority to contract with a provider for the
provision of health services, enter into a single contractual
instrument encompassing services in any number of health services
subject areas, limited to the following:  primary care, maternal and
child health, woman, infant, and child care, family planning, rural
health services, migrant and seasonal farmworker care, child health
and disability prevention, genetic disease, hypertension,
grants-in-aid, American Indian health, adult health care, and dental
care, except that federally funded programs requiring separate
accounting and reporting shall preserve the separate accounting and
reporting for contracts executed pursuant to this article.
   100555.  To the extent that a reduction in administrative costs
would thereby result, any agency or agencies authorized to conduct
audits under any state health services program that is the subject of
a contract with a provider shall conform the scope of any audit to
include other health services programs encompassed by the contract
for which the agency or agencies have authority to conduct audits.
   100560.  Notwithstanding any other provision of state law, any
contract under this article shall be subject to review and approval
by the Department of General Services.
   100565.  No provision of this article shall be construed to
prohibit the department from providing under any contract entered
into under this article for reimbursement on the basis of negotiated
rates, capitation, fee-for-service, or any other method designed to
reduce administrative costs.
   100570.  In order to implement this article, the department may
establish a single account wherein all funds for eligible programs
may be deposited for purposes of contracting in a single form.
      Article 9.  Pest Spray Reports

   100575.  (a) By the 10th of each month, a person engaged in the
business of pest control under the authority of a license issued
pursuant to Article 1 (commencing with Section 11701), Chapter 4,
Division 6 of the Food and Agricultural Code shall file a spray
report with the county agricultural commissioner of each county in
which the person has treated property during the previous month.
   (b) The spray report shall include the name and address of the
person and, for each property treated, the following information:
   (1) The name and address of the owner of the property treated.
   (2) The name and address of the owner of the crop treated.
   (3) The type of crop treated.
   (4) The date, time, and method of treatment.
   (5) The type, quantity, and concentration of each pesticide used
in the treatment.
   (6) The type of insect or pest to be controlled.
   (7) The number of trees or acres treated.
   (8) Any other information that the department may deem necessary
in view of conditions that may constitute a menace to life, health,
or safety of individuals living or working in areas where pesticides
are applied.
   (c) Spray reports filed pursuant to this section are public
records that shall be made available by the county agricultural
commissioners for public inspection.

      CHAPTER 4.  REGULATION OF LABORATORY SERVICES
      Article 1.  (Reserved)
      Article 2.  Licensing of Laboratories

   100700.  The department shall adopt and publish rules and
regulations to be used in approving and governing the operation of
laboratories engaging in the performance of tests referred to in
Sections 100710 and 100715, including the qualifications of the
employees who perform the tests, that it determines are reasonably
necessary to ensure the competence of the laboratories and employees
to prepare, analyze, and report the results of the tests.
   100710.  The testing by or for law enforcement agencies of blood,
urine, or tissue for the purposes of determining the concentration of
ethyl alcohol in the blood of persons involved in traffic accidents
or in traffic violations shall be performed only by a laboratory
approved and licensed by the director for the performance of these
tests.
   100715.  The testing of breath samples by or for law enforcement
agencies for purposes of determining the concentration of ethyl
alcohol in the blood of persons involved in traffic accidents or in
traffic violations shall be performed in accordance with regulations
adopted by the department.
   The regulations shall establish the procedures to be used by law
enforcement agencies in administering breath tests for the purposes
of determining the concentration of ethyl alcohol in a person's
blood. The regulations shall be adopted and published in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
   100720.  Each laboratory in the state that performs the tests
referred to in Sections 100710 and 100715, shall be licensed by the
director.  Each of these laboratories, other than a laboratory
operated by the state, city or county or other public agency shall
upon application for licensing pay a fee to the department in an
amount, to be determined by the department, that will reimburse the
department for the costs incurred by the department in the issuance
and renewal of these licenses.  On or before each January 1 of each
year thereafter, each of these laboratories shall pay to the
department a fee so determined by the department.
   100725.  On or after January 1, 1971, the department shall enforce
this chapter and regulations adopted by the board.
   100730.  On or after January 1, 1971, the department shall
annually publish a list of approved and licensed laboratories
engaging in the performance of tests referred to in Sections 100710
and 100715.
   100735.  Every approved and licensed laboratory shall be
periodically inspected by the department.  Reports of each inspection
shall be prepared on forms furnished by the department and shall be
filed with the department.
   100740.  Any license issued pursuant to Section 100720 may be
suspended or revoked by the director for any of the reasons set forth
in Section 100750.  The director may refuse to issue a license to
any applicant for any of the reasons set forth in Section 100745.
The proceedings under this article shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the director shall have the
powers and duties granted therein.
   100745.  The director may deny a license if the applicant or any
partner, officer or director thereof:
   (a) Fails to meet the qualifications established by the department
pursuant to this article for the issuance of the license applied
for.
   (b) Was previously the holder of a license issued under this
article that was revoked and never reissued or that was suspended and
the terms of the suspension have not been fulfilled.
   (c) Has committed any act involving dishonesty, fraud, or deceit
whereby another was injured or whereby the applicant has benefited.

   100750.  The director may suspend, revoke, or take other
disciplinary action against a licensee as provided in this article if
the licensee or any partner, officer or director thereof:
   (a) Violates any of the regulations adopted by the department
pursuant to this article.
   (b) Commits any act of dishonesty, fraud, or deceit whereby
another is injured or whereby the licensee benefited.
   (c) Misrepresents any material fact in obtaining a license.
   100755.  The director may take disciplinary action against any
licensee after a hearing as provided in this article by any of the
following:
   (a) Imposing probation upon terms and conditions set forth by the
director.
   (b) Suspending the license.
   (c) Revoking the license.
   100760.  Upon the effective date of any order of suspension or
revocation of any license governed by this article, the licensee
shall surrender the license to the director.
   100765.  All accusations against licensees shall be filed within
three years after the act or omission alleged as the ground for
disciplinary action, except that with respect to an accusation
alleging a violation of subdivision (c) of Section 100750, the
accusation may be filed within two years after the discovery by the
department of the alleged facts constituting the misrepresentation
prohibited by that section.
   100770.  After suspension of the license upon any of the grounds
set forth in this article, the director may reinstate the license
upon proof of compliance by the applicant with all provisions of the
decision as to reinstatement.  After revocation of a license upon any
of the grounds set forth in this article, the license shall not be
reinstated or reissued within a period of one year after the
effective date of revocation.
   100775.  Any ampoules and their contents employed in a breath
alcohol analysis test may be destroyed by the law enforcement agency
in possession of them one year after the date of collection of the
breath sample.

      Article 3.  Environmental Laboratories

   100825.  (a) The department may certify laboratories that perform,
for regulatory purposes, analyses of drinking water, waste water,
hazardous wastes, and contaminated soils or sediments, or any
combination of these, through the issuance of certificates pursuant
to this article.  The department may also certify laboratories that
perform analyses for pesticide residues pursuant to Section 110490.
   (b) In any arrangement between laboratories that involves the
transfer of samples or portions of samples, the analyzing laboratory
shall be identified in all sample reports and shall be the laboratory
for purposes of certification.
   (c) For the purposes of this article:
   (1) "Certificate" means a certificate issued under this article.
   (2) "Laboratory" means any facility or vehicle that is owned by a
person or persons, or by a public or private entity, and that is
equipped and operated to carry out analyses in any of the fields of
testing listed in Section 100860.
   (3) "Pesticide" means any substance that alone, in chemical
combination, or in any formulation with one or more substances, is an
"economic poison" within the meaning of Section 12753 of the Food
and Agricultural Code or a "pesticide" as defined in the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et
seq.).
   (4) "Regulatory purposes" means the use of laboratory analysis
required by a regulatory governmental agency for determining
compliance with this section or Chapter 1 (commencing with Section
116275), Chapter 2 (commencing with Section 116300), and Chapter 3
(commencing with Section 116350) of Part 11 of Division 104, Chapter
6.5 (commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, and Chapter 6.8 (commencing with Section 25300)
of, Division 20, or Division 7 (commencing with Section 13000) of the
Water Code, or the regulations adopted under any of the provisions
set forth in this paragraph.
   100830.  The department shall adopt regulations governing the
administration and enforcement of this article.  Until these
regulations are adopted, regulations adopted under Sections 25198.2
and 116390 shall remain in effect.  Regulations adopted by the
department under this article shall specify conditions for
recognizing on the basis of reciprocity the certification of
laboratories located outside of the State of California for
activities regulated under this article by another state or by an
agency of the United States government.  Certification by another
jurisdiction may be recognized for purposes of this article with
regard to one or several program activities, including, but not
limited to, onsite inspections, the analysis of performance
evaluation samples, or the evaluation of personnel qualifications.
   100835.  (a) The department may adopt regulations for the
following:
   (1) Quality assurance programs in effect at the laboratory.
   (2) Laboratory facilities.
   (3) Methods.
   (4) Equipment.
   (5) Proficiency evaluation.
   (6) Fields of testing.
   (7) Qualifications of laboratory directors and other laboratory
personnel.
   (8) Fees, inspections, hearings and other matters necessary to the
administration and enforcement of this article.
   (9) Any other area concerning the operation or maintenance of a
laboratory not inconsistent with this article as may be necessary to
carry out this article.
   (b) If any regulations governing the minimum standards for
certification of laboratories that perform analysis of food relate to
the testing of raw agricultural commodities or dairy products, those
regulations shall be adopted, in cooperation with the Department of
Food and Agriculture.
   100840.  Any laboratory desiring certification under this article
shall file with the department a verified application on forms
prescribed by the department containing all of the following:
   (a) The names of the applicant and the laboratory.
   (b) The location of the laboratory.
   (c) A list of fields of testing for which the laboratory is
seeking certification, selected from the activities listed in
subdivision (a) of Section 100860.
   (d) Evidence satisfactory to the department that the applicant has
the ability to comply with this article and the regulations adopted
under this article.
   (e) Any other information required by the department for
administration or enforcement of this article or regulations adopted
under this article.
   100845.  (a) Each certificate issued pursuant to this article
shall be issued to the owner of the laboratory and shall expire 24
months from the date of issuance.  Application for renewal shall be
filed with the department within a time period specified by
regulation.  Failure to make timely application for renewal shall
result in expiration of the certificate.
   (b) A certificate shall be forfeited by operation of law prior to
its expiration date when one of the following occurs:
   (1) The owner sells or otherwise transfers the ownership of the
laboratory, except that the certificate shall remain in force 90
days, if the department receives written assurance and appropriate
documentation within 15 days after the change has occurred that one
or more of the conditions in subdivision (c) are met.  The department
shall accept or reject the assurance in writing within 30 days after
it has been received.
   (2) There is a change in the location of the laboratory (except a
mobile laboratory) or structural alteration that may affect adversely
the quality of analysis in the fields of testing for which the
laboratory has been certified or is seeking certification, without
prior written notification to the department.
   (3) The certificate holder surrenders the certificate to the
department.
   (c) Upon change of ownership of a laboratory, the department may
extend a certificate to the expiration date of the original
certificate upon written assurance by the new owner that the
operation of the laboratory will continue so as not to adversely
affect the conditions regulated by this article.
   (d) The department shall be notified in writing within 15 days
whenever there is a change of director or other person in charge of a
laboratory certified under this article.  The notification shall
include documentation of the qualifications of the new director or
other person in charge of the laboratory.
   100850.  (a) Upon the filing of an application for certification
and after a finding by the department that there is full compliance
with this article and regulations adopted under this article, the
department shall issue to the owner a certificate in the fields of
testing identified in Section 100860.
   (b) The department shall deny or revoke a certificate if it finds
any of the following:
   (1) The laboratory fails to report acceptable results in the
analysis of performance evaluation samples.
   (2) The laboratory fails to pass an onsite inspection.
   (3) The laboratory is not in compliance with any other provision
of this article or regulations adopted under this article.
   (c) Provided that there is compliance with all other provisions of
this article, a certificate may be restricted by the department to
the fields of testing of Section 100860 or subgroups thereof as
defined by regulation for which acceptable results have been produced
and onsite inspection was passed.
   (d) Upon the filing of a complete application for a certificate
pursuant to subdivision (a), the department may issue an interim
certificate pending the completion of onsite inspection and an
analysis of performance evaluation samples.  An interim certificate
shall be nonrenewable and shall remain in effect until a certificate
is either granted under subdivision (a) or denied under subdivision
(b), but not later than one year after the date of issuance.
   100852.  (a) Notwithstanding any other provision of law, the
department may issue a certificate to the owner of a laboratory in a
field of testing or method adopted by the federal Environmental
Protection Agency pursuant to Part 136 of Title 40 of the Code of
Federal Regulations, as amended September 11, 1992, as published in
the Federal Register (57 FR 41830), or Part 141 of Title 40 of the
Code of Federal Regulations, as amended July 17, 1992, as published
in the Federal Register (57 FR 31776), and as subsequently amended
and published in the Federal Register.
   (b) Notwithstanding any other provision of law, the department
shall not be required to meet the requirements of Chapter 3.5
(commencing with Section 11340) of the Government Code in order to
issue a certificate pursuant to subdivision (a).
   100855.  Upon denial of any application for a certificate, or
revocation of a certificate, the department shall immediately notify
the applicant by certified mail, return receipt requested, of the
denial and the reasons for the denial.  Within 20 days of receipt,
the applicant may present the department with a written petition for
a hearing.  Upon receipt in proper form by the department, the
petition shall be set for hearing.  The proceedings shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code and
the department has all the powers granted in that chapter.
   100860.  (a) At the time of application and annually thereafter,
from the date of the issuance of the certificate, a laboratory shall
pay an annual certification fee.  The fee shall consist of a basic
nonrefundable fee of eight hundred seventy-nine dollars ($879) and an
additional fee of three hundred ninety-six dollars ($396) for
certification in each of the following fields of testing for which
accreditation is sought:  (1) microbiology of drinking water and
waste water; (2) inorganic chemistry and physical properties of
drinking water excluding toxic chemical elements; (3) analysis of
toxic chemical elements in drinking water; (4) organic chemistry of
drinking water (measurement by gc/ms combination); (5) organic
chemistry of drinking water (excluding measurements by gc/ms
combination); (6) radiochemistry; (7) shellfish sanitation; (8)
aquatic toxicity bioassays; (9) physical properties testing of
hazardous waste; (10) inorganic chemistry and toxic chemical elements
of hazardous waste; (11) extraction tests of hazardous waste; (12)
organic chemistry of hazardous waste (measurement by gc/ms
combination); (13) organic chemistry of hazardous waste (excluding
measurements by gc/ms combination); (14) bulk asbestos analysis; (15)
substances regulated under the California Safe Drinking Water and
Toxic Enforcement Act and not included in other listed groups; (16)
waste water inorganic chemistry, nutrients, and demand; (17) toxic
chemical elements in waste water; (18) organic chemistry of waste
water (measurements by gc/ms combination); (19) organic chemistry of
waste water (excluding measurements by gc/ms combination); (20)
inorganic chemistry and toxic chemical elements of pesticide residues
in food; (21) organic chemistry of pesticide residues in food
(measurement by gc/ms combination); (22) organic chemistry of
pesticide residues in food (excluding measurement by gc/ms
combination); (23) operation of a mobile laboratory in any one of the
above fields of testing in addition to activity in the same field of
testing in a certified stationary laboratory under the same owner.
   Fees for certification in a specified field of testing may be
refunded if the department nullifies the application due to failure
by the laboratory to complete the application process in the time and
manner prescribed by regulation.
   (b) In addition to the payment of certification fees, laboratories
located outside the State of California shall reimburse the
department for travel and per diem necessary to perform onsite
inspections.
   (c) If reciprocity with another jurisdiction is established by
regulation as described in Section 100830, the regulations may
provide for the waiver of certification fees for program activities
considered equivalent.
   (d) Fees collected under this section shall be adjusted annually
as specified in Section 100425.  The adjustment shall be rounded to
the nearest whole dollar.  It is the intent of the Legislature that
the programs operated under this article be fully fee-supported.
                        (e) State and local government-owned
laboratories in California established under Section 101150 or
performing work only in a reference capacity as a reference
laboratory are exempt from the payment of the fee prescribed under
subdivision (a).
   (f) In addition to the payment of certification fees, laboratories
certified or applying for certification in fields of testing (20),
(21), or (22) under subdivision (a) shall pay the department a fee of
four hundred dollars ($400) for the preparation and handling of each
performance evaluation sample set.
   (g) For the purpose of this section, a reference laboratory is a
laboratory owned and operated by a governmental regulatory agency for
the principal purpose of analyzing samples referred by other
laboratories for confirmatory analysis.  Reference laboratories carry
out quality assurance functions for other laboratories and may carry
out unusual, highly specialized, and difficult analyses not
generally available through commercial laboratories, and a limited
number of routine analyses, for regulatory purposes only, and without
assessing per-sample fees for the services.
   100865.  In order to carry out the purpose of this article, any
duly authorized representative of the department may do the
following:
   (a) Enter and inspect a laboratory that is certified pursuant to
this article or that has applied for certification.
   (b) Inspect and photograph any portion of the laboratory,
equipment, any activity, any samples taken, copy and photograph any
records, reports, test results, or other information related solely
to certification under this article or regulations adopted pursuant
to this article.
   (c) It shall be a misdemeanor for any person to prevent, interfere
with, or attempt to impede in any way, any duly authorized
representative of the department from undertaking the activities
authorized by this section.
   100870.  (a) Any laboratory that is certified or has applied for
certification or for renewal of certification under this article,
shall analyze performance evaluation samples provided directly or
indirectly by the department.  The department shall have the
authority to contract with third parties for the provision of
performance evaluation samples.  The samples shall be tested by the
laboratory according to methods specifically approved for this
purpose by the United States government or the department, or
alternate methods of demonstrated adequacy or equivalence, as
determined by the department.  Performance evaluation sample sets
shall be provided not less than twice, nor more than four times, a
year to each certified laboratory that performs analyses of food for
pesticide residues.
   (b) The department may provide directly or indirectly performance
evaluation samples to a laboratory for the purpose of determining
compliance with this article with or without identifying the
department.
   (1) When the department identifies itself, all of the following
shall apply:
   (A) The results of the testing shall be submitted to the
department on forms provided by the department on or before the date
specified by the department, and shall be used in determining the
competency of the laboratory.
   (B) There shall be no charge to the department for the analysis.
   (2) When the department does not identify itself, the department
shall pay the price requested by the laboratory for the analyses.
   100875.  Whenever the department determines that any person has
violated or is violating this article or any certificate, regulation,
or standard issued or adopted pursuant to this article, the director
may issue an order directing compliance forthwith or directing
compliance in accordance with a time schedule set by the department.

   100880.  If the department determines that a laboratory is in
violation of this article or any regulation or order issued or
adopted pursuant to this article, the department may issue a citation
to the owner of the laboratory.
   (a) The citation shall be served personally or by registered mail.

   (b) Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the statutory provision, order, or regulation alleged to have been
violated.
   (c) The citation shall fix the earliest feasible time for
elimination or correction of the condition constituting the
violation.
   (d) Citations issued pursuant to this section  shall specify a
civil penalty for each violation, not to exceed one thousand dollars
($1,000), for each day that the violation occurred.
   (e) If the owner fails to correct a violation within the time
specified in the citation, the department may assess a civil penalty
as follows:
   (1) For failure to comply with any citation issued for a violation
of this article or a regulation, an amount not to exceed two hundred
fifty dollars ($250) for each day that the violation continues
beyond the date specified for correction in the citation.
   (2) For failure to comply with any citation issued for violation
of any department-issued order, an amount not to exceed two hundred
dollars ($200) per day for each day the violation continues beyond
the date specified for correction in the citation.
   100885.  (a) Any person who operates a laboratory that performs
work that requires certification under Section 25198, 25298.5,
25358.4, 110490, or 116390 of this code, or Section 13176 of the
Water Code, who is not certified to do so, may be enjoined from so
doing by any court of competent jurisdiction upon suit by the
department.
   (b) When the department determines that any person has engaged in,
or is engaged in, any act or practice that constitutes a violation
of this article, or any regulation or order issued or adopted
thereunder, the department may bring an action in the superior court
for an order enjoining these practices or for an order directing
compliance and affording any further relief that may be required to
ensure compliance with this article.
   100890.  (a) Any person who knowingly makes any false statement or
representation in any application, record, or other document
submitted, maintained, or used for purposes of compliance with this
article, may be liable, as determined by the court, for a civil
penalty not to exceed five thousand dollars ($5,000) for each
separate violation or, for continuing violations, for each day that
violation continues.
   (b) Any person who operates a laboratory for purposes specified
pursuant to Section 25198, 25298.5, 25358.4, 110490, or 116390 of
this code, or Section 13176 of the Water Code that requires
certification, who is not certified by the department pursuant to
this article, may be liable, as determined by the court, for a civil
penalty not to exceed five thousand dollars ($5,000) for each
separate violation or, for continuing violations, for each day that
violation continues.
   (c) A laboratory that advertises or holds itself out to the public
or its clients as having been certified for any of the fields of
testing referred to in Section 100860 without having a valid and
current certificate in each field of testing identified by the
advertisement or other representation may be liable, as determined by
the court, for a civil penalty not to exceed one thousand dollars
($1,000) or, for continuing violations, for each day that violation
continues.
   (d) Each civil penalty imposed for any separate violation pursuant
to this section shall be separate and in addition to any other civil
penalty imposed pursuant to this section or any other provision of
law.
   100895.  (a) Any person who knowingly does any of the following
acts may, upon conviction, be punished by a fine of not more than
twenty-five thousand dollars ($25,000) for each day of violation, or
by imprisonment in the county jail not to exceed one year, or by both
the fine and imprisonment:
   (1) Makes any false statement or representation in any
application, record, report, or other document submitted, maintained,
or used for the purposes of compliance with this article.
   (2) Has in his or her possession any record required to be
maintained pursuant to this article that has been altered or
concealed.
   (3) Destroys, alters, or conceals any record required to be
maintained pursuant to this article.
   (4) Withholds information regarding an imminent and substantial
danger to the public health or safety when the information has been
requested by the department in writing and is required to carry out
the department's responsibilities pursuant to this article.
   (b) If the conviction under subdivision (a) is for a violation
committed after a first conviction of the person under this section,
the person may be punished by imprisonment in the state prison for up
to 24 months, or in the county jail for not to exceed one year, or
by a fine of not less than two thousand dollars ($2,000) or more than
fifty thousand dollars ($50,000) per day of violation, or by both
the fine and imprisonment.
   100900.  The remedies provided by this article are cumulative and
shall not be construed as restricting any remedy, provisional or
otherwise, provided by law for the benefit of any party, and no
judgment under this article shall preclude any party from obtaining
additional relief based upon the same facts.
   100905.  The department may suspend or revoke any certificate
issued under of this article for any of the following reasons:
   (a) Violation by the owner of the laboratory of any of the
provisions of this article or any regulation adopted under this
article.
   (b) Aiding, abetting, or permitting the violation of any provision
of this article or regulations adopted under this article.
   (c) Proof that the certificateholder or owner has made false
statements in any material regard on the application for
certification.
   (d) Conviction of an owner of the laboratory of any crime that is
substantially related to the qualifications or duties of that owner
and that is related to the functions of the laboratory.  For purposes
of this subdivision, a "conviction" means a plea or verdict of
guilty or a conviction following a plea of nolo contendere.  Action
to revoke or suspend the certificate may be taken when:  (1) the time
for appeal has elapsed, or (2) the judgment of conviction has been
affirmed on appeal, or (3) when an order granting probation is made
suspending the imposition of sentence, notwithstanding a subsequent
order pursuant to Section 1203.4 of the Penal Code permitting
withdrawal of a plea of guilty and entry of a plea of not guilty, or
(4) setting aside a verdict of guilty, or (5) dismissing the
accusation, information, or indictment.  The department shall take
into account all judicial decisions on rehabilitation furnished by
the owner of the laboratory.
   100910.  Proceedings for the suspension or revocation of a
certificate under this article shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the department shall have all
powers granted pursuant to that chapter.
   100915.  The department may temporarily suspend a certificate
prior to any hearing, when it has determined that this action is
necessary to protect the public.  The department shall notify the
owner of the temporary suspension and the effective date thereof and
at the same time shall serve the owner with an accusation.  Upon
receipt of a notice of defense by the owner, the matter shall be set
for hearing within 15 days.  The hearing shall be held as soon as
possible but no later than 30 days after receipt of the notice.  The
temporary suspension shall remain in effect until the hearing is
completed and the department has made a final determination on the
merits.  However, the temporary suspension shall be deemed vacated if
the department fails to make a final determination on the merits
within 60 days after the original hearing has been completed.
   100920.  Fees and civil penalties collected under this article
shall be deposited in the Environmental Laboratory Improvement Fund,
that is hereby created.  Moneys in the fund shall be available for
expenditure by the department for the purposes of this article, upon
appropriation by the Legislature.

      PART 2.  CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS
      CHAPTER 1.  ORGANIZATION

   100925.  There is hereby established a California Conference of
Local Health Officers.  The department shall consult with the
conference in establishing standards as provided in this part and may
consult on other matters affecting health.  The conference may
consult with, advise, and make recommendations to the department,
other departments, boards, commissions and officials of federal,
state, and local government, the Legislature, and any other
organization or association on matters affecting health.  The
conference shall consist of all legally appointed local health
officers in the state.  It shall organize, adopt bylaws, and shall
annually elect officers.
   Actual and necessary expenses, including any necessary
registration fee, incident to attendance at not more than two
meetings per year of the conference shall be a legal charge against
the local governmental unit.  Actual and necessary expenses incident
to attendance at special meetings of the committees of the conference
called by the director shall be a legal charge against any funds
available for administration of this part, Section 100295, Chapter 3
(commencing with Section 101175) of Part 3, and Part 3 (commencing
with Section 124300) of Division 106.
   100930.  Nothing in this part, Section 100295, Chapter 3
(commencing with Section 101175) of Part 3, and Part 3 (commencing
with Section 124300) of Division 106 or in any regulation prescribed
by the department in accordance herewith shall compel any
practitioner who treats the sick by prayer in the practice of the
religion of any well-recognized church, sect, denomination, or
organization or any persons covered by Sections 2731 and 2800 of the
Business and Professions Code to give any information about a disease
or disability that is not infectious, contagious, or communicable or
authorize any compulsory education, medical examination, or medical
treatment.

      CHAPTER 2.  GENERAL POWERS AND DUTIES

   100950.  The department shall administer this part, Section
100295, Chapter 3 (commencing with Section 101175) of Part 3, and
Part 3 (commencing with Section 124300) of Division 106 and shall
adopt necessary regulations.  These regulations shall be adopted only
after consultation with and approval by the California Conference of
Local Health Officers.  Approval of these regulations shall be by
majority vote of those present at an official session.

      CHAPTER 3.  ADDITIONAL ADMINISTRATIVE PROVISIONS (RESERVED)
      PART 3.  LOCAL HEALTH DEPARTMENTS
      CHAPTER 1.  ORGANIZATION AND APPOINTMENT OF HEALTH OFFICERS

   101000.  Each board of supervisors shall appoint a health officer
who is a county officer.
   101005.  The county health officer shall be a graduate of a
medical college of good standing and repute.  His or her compensation
shall be determined by the board of supervisors.
   101010.  Immediately after the appointment of the health officer,
the board of supervisors shall notify the director of the appointment
and the name and address of the appointee.

      CHAPTER 2.  POWERS AND DUTIES OF LOCAL HEALTH OFFICERS AND
LOCAL HEALTH DEPARTMENTS
      Article 1.  County Health Officers

   101025.  The board of supervisors of each county shall take
measures as may be necessary to preserve and protect the public
health in the unincorporated territory of the county, including, if
indicated, the adoption of ordinances, regulations and orders not in
conflict with general laws, and provide for the payment of all
expenses incurred in enforcing them.
   101030.  The county health officer shall enforce and observe in
the unincorporated territory of the county, all of the following:
   (a) Orders and ordinances of the board of supervisors, pertaining
to the public health and sanitary matters.
   (b) Orders, including quarantine and other regulations, prescribed
by the department.
   (c) Statutes relating to public health.
   101035.  The county health officer shall advise on medical matters
any board or body vested with the management of any county pension
or retirement system and shall attend the meetings of the board or
body when requested by the board or body.
   101040.  The county health officer may take any preventive measure
that may be necessary to protect and preserve the public health from
any public health hazard during any "state of war emergency," "state
of emergency," or "local emergency," as defined by Section 8558 of
the Government Code, within his or her jurisdiction.
   "Preventive measure" means abatement, correction, removal or any
other protective step that may be taken against any public health
hazard that is caused by a disaster and affects the public health.
Funds for these measures may be allowed pursuant to Sections 29127 to
29131, inclusive, and 53021 to 53023, inclusive, of the Government
Code and from any other money appropriated by a county board of
supervisors or a city governing body to carry out the purposes of
this section.
   The county health officer, upon consent of the county board of
supervisors or a city governing body, may certify any public health
hazard resulting from any disaster condition if certification is
required for any federal or state disaster relief program.
   101045.  The county health officer shall investigate health and
sanitary conditions in every county jail, every other publicly
operated detention facility in the county, and all private work
furlough facilities and programs established pursuant to Section 1208
of the Penal Code, at least annually.  Private work furlough
facilities and programs shall pay an annual fee to the county health
officer commensurate with the annual cost of those investigations, as
determined by the county health officer.  He or she may make
additional investigations of any county jail or other detention
facility of the county as he or she determines necessary.  He or she
shall submit a report to the Board of Corrections, the sheriff or
other person in charge of the jail or detention facility, and to the
board of supervisors.  In any city having a health officer, the city
health officer shall investigate health and sanitary conditions in
every city jail and other detention facility at least annually.  He
or she may make additional investigations of any city jail or
detention facility as he or she determines necessary.  He or she
shall submit a report to the Board of Corrections, the person in
charge of the jail or detention facility, and to the city governing
body.
   Whenever requested by the sheriff, the chief of police, local
legislative body, or the Board of Corrections, but not more often
than twice annually, the county health officer or, in cities having a
city health officer, the city health officer, shall investigate
health and sanitary conditions in any of the jails and detention
facilities described in this section, and submit a report to each of
the officers and agencies authorized in this section to request the
investigation and to the Board of Corrections.
   The investigating officer shall determine if the food, clothing,
and bedding is of sufficient quantity and quality that at least shall
equal minimum standards and requirements prescribed by the Board of
Corrections for the feeding, clothing and care of prisoners in all
local jails and detention facilities, and if the sanitation
requirements required by Article 11 (commencing with Section 114250)
of Chapter 4 of Part 7 of Division 107 for restaurants have been
maintained.
   101050.  (a) The county health officer shall prepare a list of
family planning and birth control clinics located in the county for
distribution by the county clerk pursuant to Section 26808 of the
Government Code.  The list shall include information about the
availability of pregnancy testing services provided pursuant to
Section 123380.
   (b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
   101055.  (a) The county health officer shall furnish all hospitals
within the county, and all physicians and surgeons upon request,
copies of the list prepared pursuant to Section 101050 in sufficient
numbers as they may need for voluntary distribution to patients.
   (b) This section shall be inoperative from July 1, 1993, to June
30, 1994, inclusive.
   101060.  The county health officer may designate a nonprofit food
distribution agency to coordinate and facilitate the donation of food
and food products to nonprofit, charitable corporations, from
available sources, including restaurants, grocery stores, or food
distributors.

      Article 2.  Local Health Emergencies

   101075.  As used in this article:
   (a) "Hazardous waste" means a waste, or combination of wastes,
that because of its quantity, concentration, or physical, chemical,
or infectious characteristics may do any of the following:
   (1) Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible, illness.
   (2) Pose a substantial present or potential hazard to human health
or environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.
   (b) "Waste" means either of the following:
   (1) Any material for which no use or reuse is intended and that is
to be discarded.
   (2) Any material that spills, escapes, or is released from any
manufacturing, industrial, commercial, or other plant, facility, or
process, or that escapes or is released during the transporting or
transferring from one place to another, or during the pumping,
processing, storing, or packaging of any material in, to, or from
such a plant, facility, or process, or that enters or may enter an
uncontained air space or a surface water course that is not totally
contained on the contiguous property of the plant, facility, or
process, or which enters, or may enter, the groundwater underlying
such plant, facility, or process.
   101080.  Whenever a release, spill, escape, or entry of waste
occurs as described in paragraph (2) of subdivision (b) of Section
101075 and the director or the local health officer reasonably
determines that the waste is a hazardous waste or medical waste, or
that it may become a hazardous waste or medical waste because of a
combination or reaction with other substances or materials, and the
director or local health officer reasonably determines that the
release or escape is an immediate threat to the public health, the
director may declare a health emergency and the local health officer
may declare a county health emergency in the county or any area
thereof affected by the threat to the public health.  Whenever a
local health emergency is declared by a local health officer pursuant
to this section, the local health emergency shall not remain in
effect for a period in excess of seven days unless it has been
ratified by the board of supervisors.  The board of supervisors shall
review, at least every 14 days until the local health emergency is
terminated, the need for continuing the local health emergency and
shall proclaim the termination of the local health emergency at the
earliest possible date that conditions warrant the termination.
   101085.  (a) After the declaration of a health emergency or a
county health emergency pursuant to Section 101080, the director or
local health officer may do any or all of the following:
   (1) Require any person or organization that the director or local
health officer shall specify to furnish any information known
relating to the properties, reactions, and identity of the material
that has been released, spilled, or escaped.  The director or local
health officer may require information to be furnished, under penalty
of perjury, by the person, company, corporation, or other
organization that had custody of the material, and, if the material
is being transferred or transported, by any person, company,
corporation, or organization that caused the material to be
transferred or transported.  This information shall be furnished to
the director or local health officer upon request in sufficient
detail, as determined by the director or local health officer, as
required to take any action necessary to abate the health emergency
or county health emergency or protect the health of persons in the
county, or any area thereof, who are, or may be affected.  However,
the burden, including costs, of furnishing the information shall bear
a reasonable relationship to the need for the information and the
benefits to be obtained therefrom.
   (2) Provide the information, or any necessary portions thereof, or
any other necessary information available to the director or local
health officer to state or local agencies responding to the health
emergency or county health emergency or to medical and other
professional personnel treating victims of the local health
emergency.
   (3) Sample, analyze, or otherwise determine the identifying and
other technical information relating to the health emergency or
county health emergency as necessary to respond to or abate the
county health emergency and protect the public health.
   (b) This section does not limit or abridge any of the powers or
duties granted to the State Water Resources Control Board and to each
regional water quality control board by Division 7 (commencing with
Section 13000) of the Water Code.  This section also does not limit
or abridge the powers or duties granted to the State Air Resources
Board or to any air pollution control district by Division 26
(commencing with Section 39000).
   This section does not limit or abridge any of the powers or duties
granted to the Director of Food and Agriculture or to any county
agricultural commissioner by Division 6 (commencing with Section
11401) or by Division 7 (commencing with Section 12501) of the Food
and Agricultural Code.
   101090.  When requested by the person furnishing the information
furnished pursuant to Section 101085, the portions of the information
that might disclose trade secrets or secret processes shall not be
made available for inspection by the public, but shall be made
available to governmental agencies for use in abatement of the health
emergency or county health emergency and in judicial review or
enforcement proceedings involving the person furnishing the
information.

101095.  Any person failing or refusing to furnish technical,
toxicological, or other information required pursuant to Section
101085, or falsifying any information provided therein is guilty of a
misdemeanor and is also subject to any other criminal or civil
penalties provided by statute.

      Article 3.  Public Health Nurses

   101100.  The governing body of a city may employ one or more
public health nurses, each of whom shall be a registered nurse
possessing qualifications prescribed by the department on the date of
his or her employment.
   101105.  The public health nurse shall attend to matters
pertaining to the health and sanitary conditions of the city as the
governing body may assign.  Compensation for the public health nurse
shall be determined by that body.
   101110.  The board of supervisors in each county may employ one or
more public health nurses, each of whom shall be a registered nurse
possessing qualifications prescribed by the department on the date of
employment.
   101115.  The public health nurse shall attend to matters
pertaining to the health and sanitary conditions of the county as the
board of supervisors may assign.  Compensation for the public health
nurse shall be determined by that board.

      Article 4.  Dental Professionals

   101125.  The governing body of a city may employ one or more
dentists or dental hygienists, each of whom shall be a licensed
dentist or dental hygienist.
   101130.  The dentist or dental hygienist shall attend to dental
conditions of the city as the governing body may assign.
Compensation for the dentist or dental hygienist shall be determined
by that body.
   101135.  The board of supervisors in each county may employ one or
more dentists or dental hygienists, each of whom shall be a licensed
dentist or dental hygienist.
   101140.  The dentist or dental hygienist shall attend to such
dental conditions of the county, as the board of supervisors may
assign.  Compensation for the dentist or dental hygienist shall be
determined by that board.

      Article 5.  Municipal and County Laboratories

   101150.  To protect the community against infectious disease, any
city or county may establish a bacteriological and chemical
laboratory for the examination of specimens from suspected cases of
disease and for the examination of milk, waters, and food products.

   101155.  The cost of establishing and maintaining the laboratory
is a legal expenditure from any city or county funds that are for
disbursement under the direction of the city or county health officer
for the protection of public health.
   101160.  Any city or county laboratory established for the
purposes set forth in this article shall use only equipment and
employ only technical personnel that meets with the approval of the
state department.

      CHAPTER 3.  STATE AID FOR LOCAL HEALTH ADMINISTRATION
      Article 1.  Definitions and General Policy

   101175.  The rapid increase in the population of the state and the
increasing industrialization in both the urban and rural areas
necessitate the provision of effective public health services to all
the people of the state.
   In many areas within the state local health departments lack the
necessary funds, and the local population lack the means to furnish
funds, to provide effective public health services.
   The Legislature therefore seeks to further the provision of
necessary public health services by granting financial assistance to
local health departments thus enabling them to meet present and
future health needs in an efficient and effective manner.  The funds
granted are to augment local appropriations provided for public
health purposes, and shall not be used to replace local
appropriations.
   The administrative pattern providing public health services to all
the people of the state will vary in different areas.  It is
generally recognized that the minimum population necessary for
efficient administration of a local health department is
approximately 50,000.  To attain this desirable population minimum it
will be necessary in some areas for two or more counties to unite
and establish a single administrative public health jurisdiction.
   101180.  "Population," for the purpose of this chapter, shall be
determined by the most recent United States decennial census;
provided, however, whenever it appears to the department that the
population of any city or county, changed sufficiently to warrant
adjustment, the department for purposes of this chapter may request
the Population Research Unit of the Department of Finance to
determine the population for cities or counties.
   101185.  For the purposes of this chapter a "local health
department" shall be interpreted to mean any one of the following
public health administrative organizations:
   (a) Local health district created pursuant to former Chapter 6
(commencing with Section 880) of Part 2 of Division 1 of the Health
and Safety Code, that includes territory in one or more counties, and
that includes at least all of the cities that have less than 50,000
population in the county or counties.
   (b) A local health department serving one or more counties that
shall on September 19, 1947, and thereafter, provide services to all
cities whose population is less than 50,000 in addition to the
unincorporated territory of the county or counties.
   (c) A county health department that does not serve all of the
cities of less than 50,000 population, but that has the provisional
approval of the department, in accordance with Section 101225.
   (d) The health department of a city of 50,000 or greater
population, except that the governing body of the city by resolution
may declare its intention to be included under the jurisdiction of
the county health department, or of the local health district serving
other territory in the county, as provided by existing statutes.
   (e) The local health department of any county that had under its
jurisdiction on September 19, 1947, a population in excess of
1,000,000, or the local health department of any city and county.

      Article 2.  Qualification for Financial Assistance

   101200.  Local health departments qualifying for assistance as
provided in this chapter, on or after September 19, 1947, shall
receive financial aid as of the date of their becoming eligible.

      Article 3.  State Aid

   101225.  Provisional approval may be given by the department to a
county health department that meets minimum standards as specified in
this part, Section 100295, and Part 3 (commencing with Section
124300) of Division 106, but that does not serve all cities of less
than 50,000 population within the county.
   101230.  From the appropriation made for the purposes of this
article, allocation shall be made to the administrative bodies of
qualifying local health departments in the following manner:
   (a) A basic allotment as follows:
   To the administrative bodies of local health departments serving
the territory in one or more counties a basic allotment of sixteen
thousand dollars ($16,000) per county or sixty cents ($0.60) per
capita per county, whichever is less; however, if a county is divided
into two or more local health department jurisdictions, the basic
allotment shall be divided between the departments in proportion to
the population served by each department, except that no funds shall
be available to any city of less than 50,000 population for the
maintenance of an independent health department.
   (b) A per capita allotment, determined as follows:
   After deducting the amounts allowed for the basic allotment as
provided in this section, the balance of the appropriation shall be
allotted on a per capita basis to the administrative body of each
local health department in the proportion that the population of that
local health department jurisdiction bears to the population served
by all qualified local health departments of the state.
   101235.  The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction heretofore exercised by
the State Department of Benefit Payments with respect to the
processing, audit, and payment of funds appropriated for the purposes
of this article to the administrative bodies of qualifying local
health departments.
   101240.  The department shall have possession and control of all
records, papers, equipment, and supplies held for the benefit or use
of the Director of Benefit Payments in the performance of his or her
duties, powers, purposes, responsibilities, and jurisdiction that are
vested in the department by Section 101235.
   101245.  All officers and employees of the Director of Benefit
Payments who are serving in the state civil service, other than as
temporary employees, on July 1, 1978, and who are engaged in the
performance of a function vested in the department by Section 101235
shall be transferred to the department.  The status, positions, and
rights of these persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the department
pursuant to the State Civil Service Act, except for positions exempt
from civil service.
   101250.  After determining the total amounts available to each
area, the department shall notify the governing body of each local
health department of that amount, and of the conditions governing its
availability.
   101255.  No funds appropriated for the purposes of this article
shall be allocated to any local health department unless the
governing body of the local health department has appropriated an
amount equal to at least twice the per capita allotment provided in
subdivision (b) of Section 101230 for the same period from local
funds for the support of the local health department.  These local
funds shall be wholly exclusive of any state or federal funds
received or receivable.  Actual expenditures of local funds,
exclusive of state or federal funds received, shall be not less than
the proportion of total expenditures.
   101260.  No funds appropriated for the purposes of this article
shall be allocated to any local health department whose professional
and technical personnel and whose organization and program do not
meet the minimum standards established by the department.
   101265.  The basic and per capita allotments shall be paid
quarterly to the administrative body of each qualifying local health
department.  Each quarterly payment may be adjusted on a basis of the
actual expenditures during the previous quarter, if the adjustment
is necessary to maintain the minimum proportional relationship of
state and local expenditures as outlined in Section 101255.  The
department shall certify the amounts to be paid to each local health
department each quarter to the Controller, who shall thereupon draw
the necessary warrants, and the State Treasurer shall pay to the
administrative body of each local health department the certified
amount.  Any payments may be withheld by the department if a local
health department fails to continue to meet the minimum standards
established, provided that not less than 45 days' advance notice of
intention to withhold payments, and the reasons therefor, shall be
given to the governing body of the local health department.

      Article 4.  Transfer of Environmental Health and Sanitation
Services

   101275.  Notwithstanding Section 101260, a county board of
supervisors or health district board may, with the concurrence of the
director, transfer the total function of providing environmental
health and sanitation services and programs to a comprehensive
environmental agency of the county other than the county or district
health department.  Such a county or district shall continue to
receive funds appropriated for the purposes of this article if it
complies with all other minimum standards established by the
department and if the environmental health and sanitation services
and programs are maintained at levels of quality and efficiency equal
to or higher than the levels of the services and programs formerly
provided by the county or district health department.
   101280.  If a transfer authorized by Section 101275 is made:
   (a) Each agency shall employ as the immediate supervisor of the
environmental health and sanitation services a director of
environmental health who is a registered environmental health
specialist and the agency shall employ an adequate number of
registered environmental health specialists to carry on the program
of environmental health and sanitation services.
   (b) Wherever, in any statute, regulation, resolution, or order, a
power is granted to, or a duty is imposed upon, a county or district
health officer, county health department, or county health district
pertaining to environmental health and sanitation services and
programs transferred by the board of supervisors or health district
board, these powers and duties shall be delegated by the local health
officer to the director of environmental health, who shall
thereafter administer these powers and duties.
   (c) The department shall adopt regulations pertaining to minimum
program and personnel requirements of environmental health and
sanitation services and programs.  The department shall periodically
review these programs to determine if minimum requirements are met.
   (d) Whenever the board of supervisors or health district board
determines that the expenses of its environmental health director in
the enforcement of any statute, order, quarantine, or regulation
prescribed by a state officer or department relating to environmental
health and sanitation are not met by any fees prescribed by the
state, the board may adopt an ordinance or resolution prescribing
fees that will pay the reasonable expenses of the environmental
health director incurred in enforcement.  The schedule of fees
prescribed by ordinance or resolution of the board of supervisors or
health district board shall be applicable in the area in which the
environmental health director enforces any statute, order,
quarantine, rule, or regulation prescribed by a state officer or
department relating to environmental health and sanitation.
   101285.  Notwithstanding Section 101260, the county board of
supervisors may, with the concurrence of the county officer providing
the services, transfer all or any portion of the function of
providing vector control services to any mosquito abatement district
or vector control district formed pursuant to Chapter 5 (commencing
with Section 2200) of Division 3.  A county that chooses to transfer
the services shall continue to receive funds appropriated for the
purposes of this article if it complies with all other minimum
standards and if the vector control program is maintained at a level
that meets the minimum standards set by the department.

      Article 5.  Local Public Health Service Contract Options

   101300.  (a) (1) The board of supervisors of a county with a
population of less than 40,000 may enter into a contract with the
department and the department may enter into a contract with that
county to organize and operate a local public health service in that
county.
   (2) Notwithstanding paragraph (1), only those counties that
contracted with the department pursuant to Section 1157 in the
1990-91 fiscal year may contract with the department in the 1991-92
fiscal year ; the amount of county funding established in the
contracts for the 1991-92 fiscal year shall be at least equal to the
value of the services provided in the 1990-91 fiscal year.
   (3) The department may conduct the local public health service
either directly, or by contract with other agencies, or by some
combination of these methods as agreed upon by the department and the
board of supervisors of the county concerned.
   (4) The board of supervisors may create a county board of public
health or similar local advisory group.
   (b) Any county proposing to contract with the department pursuant
to this section in the 1992-93 fiscal year and each fiscal year
thereafter shall submit to the department a notice of intent to
contract adopted by the board of supervisors no later than March 1 of
the fiscal year preceding the fiscal year for which the agreement
will be in effect in accordance with procedures established by the
department.  A county may withdraw this notice no later than May 1 of
the fiscal year preceding the fiscal year for which the agreement
will be in effect in accordance with procedures established by the
department.  If a county fails to withdraw its notice by this date,
it shall be responsible for any and all necessary costs incurred by
the department in providing or preparing to provide public health
services in that county.
   (c) A county contracting with the department pursuant to this
section shall not be relieved of its public health care obligation
under Section 101025.
   (d) (1) Any county contracting with the department pursuant to
this section shall pay, by the 15th of each month, the agreed
contract amount.
   (2) If a county does not make the agreed monthly payment, the
department may terminate the county's participation in the program.
   (e) The counties and the department shall work collectively to
ensure that expenditures do not exceed the funds available for the
program in any fiscal year.
   (f) The Legislature hereby determines that an expedited contract
process for contracts under this section is necessary.  Contracts
under this section shall be exempt from Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract Code.
   (g) The state shall not incur any liability except as specified in
this section.
   (h) This section shall become operative July 1, 1991.
   101305.  Any counties that were eligible for organization and
operation of local public health services by the department pursuant
to Section 1157 as of January 1, 1988, shall continue to be eligible,
notwithstanding an increase in total population beyond the 40,000
population limit of that section.
   This section shall remain in effect until January 1,  1998, and on
that date is repealed, unless a later enacted statute, that becomes
effective on or before January 1, 1998, deletes or extends that date.

   101307.  (a) Counties contracting with the department pursuant to
Section 101300 may enter into a contract with the department whereby
the department's program that administers the Section 101300 contract
agrees to assume responsibility for some or all of the
administrative activities for some or all of the public health
categorical programs of that county listed in subdivision (g).  The
responsibility for the provision of services under those programs
shall remain with the county board of supervisors.
   (b) For the purposes of this section, "public health categorical
programs" means a public health program that is funded by federal or
state allocation supported by specific legislation or regulations,
and that is identified by the department to be implemented by local
jurisdictions.
   (c) Administrative costs, associated with the administration of
those contracts between the department and the counties pursuant to
this section, shall be capped at the maximum allowable under each of
the public health categorical programs.
   (d) Each county intending to contract with the department for the
fiscal year commencing July 1, 1994, shall submit to the department a
notice of intent to contract adopted by the board of supervisors
within 60 days of the effective date of this section.  For each
fiscal year thereafter, a notice of intent to contract adopted by the
board of supervisors shall be submitted no later than August 1 of
the fiscal year preceding the fiscal year for which the agreement
will be in effect, in accordance with procedures established by the
department.  A county may withdraw this notice no later than
September 15 of the fiscal year preceding the fiscal year for which
the agreement will be in effect in accordance with procedures
established by the department.  If a county fails to withdraw its
notice by this date, it shall be responsible for any and all
necessary costs incurred by the department in providing or preparing
to provide public health services in that county pursuant to this
section.
   (e) As a condition of contracting with the department, the
department may establish uniform standards, forms, and procedures for
conducting the administrative activities for those categorical
programs.
   (f) Any county that elects to contract with the department
pursuant to this section shall, after receipt of program funds, pay
by the 15th of each month, the agreed-upon contract amount for
reimbursement for departmental costs of administration services.  If
a county does not make the agreed monthly payment, the department may
after 60 days' written notice to the county terminate the services
provided by the department pursuant to this section.
   (g) The programs that may be subject to this section include, but
are not limited to, all of the following:
   (1) All maternal and child health programs, including, but not
limited to, the following:
   (A) California Children's Services, Article 5 (commencing with
Section 123800) of Chapter 3 of Part 2.
   (B) Child Health and Disability Prevention Program, Article 6
(commencing with Section 124025) of Chapter 3 of Part 2.
   (C) Perinatal Health Care, Article 4 (commencing with Section
123550) of Chapter 2 of Part 2.
   (2) The California Aids Program, Chapter 2 (commencing with
Section 120800) of Part 4 of Division 105.
   (3) Tobacco Use Prevention, Article 1 (commencing with Section
104350) of Chapter 1 of Part 3 of Division 103.
   101310.  In the event a health emergency is declared by the board
of supervisors in a county or by a local health district board, or in
the event a county health emergency is declared by the county health
officer pursuant to Section 101080, the local health officer, shall
have supervision and control over all environmental health and
sanitation programs and personnel employed by the county or district
during the state of emergency.

      CHAPTER 4.  ADDITIONAL ADMINISTRATIVE PROVISIONS
      Article 1.  Enforcement, Fees, Reimbursements, and Taxes

   101325.  Whenever the governing body of any city or county
determines that the expenses of its health officer or other officers
or employees in the enforcement of any statute, order, quarantine, or
regulation prescribed by a state officer or department relating to
public health, requires or authorizes its health officer or other
officers or employees to perform specified acts that are not met by
fees prescribed by the state, the governing body may adopt an
ordinance or resolution prescribing fees to pay the reasonable
expenses of the health officer or other officers or employees
incurred in the enforcement, and may authorize a direct assessment
against the real property in cases where the real property is owned
by the operator of a business and the property is the subject of the
enforcement.  The schedule of fees prescribed by ordinance or
resolution of the governing body shall be applicable in the area in
which the local health officer or other officers or employees enforce
any statute, order, quarantine, or regulation prescribed by a state
health officer or department relating to public health.
   101330.  On or before August of each year, the officer designated
by the governing body to collect fees authorized by Section 101325,
shall prepare a list of parcels of real property that are subject to
these fees.  On or before the tenth day of August of each year, the
officer shall transmit the list to the county auditor and the auditor
shall enter the amounts of the assessments against the respective
parcels of land as they appear on the current assessment roll.
   101335.  The tax collector shall include the amounts of the
assessments entered on the assessment roll pursuant to Section 101330
on bills for taxes levied against lots and parcels of land, and the
assessments shall be listed separately on the tax bills.  Thereafter,
the assessment amounts shall be collected at the same time and in
the same manner as county taxes are collected.
   If a county collects the assessments on behalf of a city, the
county may deduct its reasonable costs incurred for its collections
services before remitting the balance to the city treasury.
   101340.  All laws applicable to the levy, collection, and
enforcement of county taxes are applicable to special assessments
made pursuant to this article and Article 4.
   101345.  In those instances where direct assessment is not
authorized by Section 101325, if the officer charged with the billing
and collection of the fees is a county officer, the officer may,
with the approval of the governing body, record without fee, in the
office of the county recorder, a certificate specifying the amount,
interest, penalty due, and the name and last known address of the
person liable for these fees.  If the officer charged with the
billing and collection of these fees is a city officer, the officer,
with the approval of the governing body may, in those instances where
direct assessment is not authorized by Section 101325, record with
reasonable fee charge, in the office of the county recorder a
certificate specifying the amount, interest, penalty due, name, and
last known address of the person liable for these fees.  From the
time of recording of the certificate, the amount required to be paid
together with interest and penalty constitutes a lien upon all real
property in the county owned or later acquired by the liable person.
The lien created by recording this certificate shall have the force,
effect, and priority of a judgment lien and shall continue for 10
years from the time of the recording unless released or otherwise
discharged prior to that time.  Prior to recording the lien with the
county recorder, the lienor shall notify the person liable for the
fees by certified mail of the intent to record the certificate.
   101350.  Any board of supervisors may levy a special sanitary tax,
not to exceed one-half mill on the one dollar of assessed valuation,
on all the property in the county, outside of any city.
   The tax shall be in addition to all other taxes, and the fund
created shall be used to prevent the introduction of, and to
eradicate, dangerous, infectious, or communicable diseases, and for
general sanitation purposes.

      Article 2.  County Health Administration for Cities

   101375.  When the governing body of a city in the county consents
by resolution or ordinance, the county health officer shall enforce
and observe in the city all of the following:
   (a) Orders and quarantine regulations prescribed by the department
and other regulations issued under this code.
   (b) Statutes relating to the public health.
   101380.  The resolution or ordinance shall be adopted and a
certified copy served on the clerk of the board of supervisors on or
before the first day of March of any year, and the services of the
county health officer in the city shall commence on the first day of
July following service of notice.  The services shall continue
indefinitely until the governing body of the city terminates them by
adoption of a resolution and ordinance and service of a certified
copy on the clerk of the board of supervisors on or before the first
day of March of any subsequent year.  The services of the county
health officer shall terminate on the first day of July following
service of notice.

      Article 3.  Contracts for Local Health Administration

   101400.  The board of supervisors may contract with a city in the
county, and the governing body of a city may contract with the county
for the performance by health officers or other county employees of
any or all enforcement functions within the city related to
ordinances of public health and sanitation, and all inspections and
other related functions.
   101405.  Whenever a contract has been duly entered into, the
county health officer and his or her deputies shall exercise the same
powers and duties in the city as are conferred upon health officers
of the city by law.
   101410.  In the contract the city may provide, as specified in
Section 101400, for payment by the city to the county to the county
treasurer at times specified in the contract and shall be in an
amount to repay the county for the entire cost of the services
performed for the city as required in the enforcement of ordinances
under the terms of the contract, as nearly as can be estimated or
ascertained.
   101415.  The board of supervisors may contract with the governing
body of a city in the county to secure the performance by the city
health officer or other city health employees of any or all functions
related to public health in any unincorporated territory adjacent to
the city.
   101420.  Payment for the services specified in Section 101415 in
the unincorporated territory shall be made by the county to the city
treasurer.
   101425.  The board of supervisors or the governing body of any
city or local health district may contract with the county
superintendent of schools or with the governing board of any school
district located wholly or partially in the county, city, or local
health district for the performance by local health officers or other
public health department employees of any or all of the functions
and duties set forth in Chapter 9 (commencing with Section 49400) of
Part 27 of the Education Code, relating to the health supervision of
school buildings and of pupils enrolled in the schools of any or all
elementary and high school districts over which the county
superintendent of schools, or the governing board or a school
district, has jurisdiction.
   The contract may specify payment dates as agreed upon by the
parties to the contract; payment shall be made as specified in the
contract to the county treasurer, city treasurer or local health
district.

      Article 4.  City Health Ordinances, Boards, and Officers
   101450.  The governing body of a city shall take measures
necessary to preserve and protect the public health, including the
regulation of sanitary matters in the city, and including if
indicated, the adoption of ordinances, regulations and orders not in
conflict with general laws.
   101455.  This article does not prevent the appointment by the
governing body of a board of health that shall be advisory to the
health officer.
   101460.  Every governing body of a city shall appoint a health
officer, except when the city has made other arrangements, as
specified in this code, for the county or district health officer to
exercise the same powers and duties within the city, as are conferred
upon city health officers by law.
   101465.  Immediately after the appointment of the city health
officer the governing body shall notify the director of the
appointment and the name and address of the appointee.
   101470.  Each city health officer shall enforce and observe all of
the following:
   (a) Orders and ordinances of the governing body of the city
pertaining to the public health.
   (b) Orders, quarantine and other regulations, concerning the
public health, prescribed by the department.
   (c) Statutes relating to the public health.
   101475.  The city health officer may take any preventive measure
that may be necessary to protect and preserve the public health from
any public health hazard during any "state of war emergency," "state
of emergency," or "local emergency," as defined by Section 8558 of
the Government Code, within his or her jurisdiction.
   "Preventive measure" means abatement, correction, removal or any
other protective step that may be taken against any public health
hazard that is caused by a disaster and affects the public health.
Funds for these measures may be allowed pursuant to Sections 29127 to
29131, inclusive, and 53021 to 53023, inclusive, of the Government
Code and from any other money appropriated by a board of supervisors
of a county or governing body of a city to carry out the purposes of
this section.
   The city health officer, with consent of the board of supervisors
of a county or the governing body of the city, may certify any public
health hazard resulting from any disaster condition if certification
is required for any federal or state disaster relief program.

      CHAPTER 4.  ACTIONS AGAINST PUBLIC ENTITIES

   101500.  All claims for money or damages against the district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code or by other statutes or regulations that are
expressly applicable.

      PART 4.  SPECIAL HEALTH AUTHORITIES
      CHAPTER 1.  SONOMA COUNTY DENTAL HEALTH AUTHORITY

   101525.  (a) The Legislature finds and declares that it is
necessary that a special authority be established in Sonoma County in
order to meet the problems of the delivery of publicly assisted and
indigent dental health care in the county.  Because there is no
general law under which this authority could be formed, the adoption
of a special act and the formation of a special authority is
required.
   (b) The Board of Supervisors of Sonoma County may, by ordinance,
establish the Sonoma County Dental Health Authority to receive state
funds and technical assistance for the purpose of managing a dental
health care delivery program for indigent persons and Medi-Cal
recipients covered under the Denti-Cal program.  The enabling
ordinance shall specify the membership of the authority, the
qualifications of members, the manner of appointment, selection, or
removal of members, and their term of office, and any other matters
that the board of supervisors deems necessary or convenient for the
conduct of the authority's activities.  The authority so established
shall be considered an entity separate from the county, shall file
the statement required by Section 53051 of the Government Code, and
shall have the rights, powers, duties, privileges conferred by this
chapter, the power to acquire, possess, and dispose of real or
personal property, as may be necessary for the performance of its
functions, to employ personnel and contract for services required to
meet its obligations, and to sue or be sued.  Any obligations of the
authority, statutory, contractual, or otherwise, shall be the
obligations solely of the authority and shall not be the obligations
of the county or of the state unless expressly provided for in a
contract or grant agreement between the authority and the county or
the state.
   (c) The authority shall bill the Medi-Cal program for services
provided to Medi-Cal recipients.
   (d) In the event the authority no longer functions for the
purposes for which it was established, the board of supervisors may,
by ordinance, terminate the authority at that time as the authority's
then existing obligations have been satisfied or the authority's
assets have been exhausted.  Prior to the termination of the
authority, the board of supervisors shall notify the department of
its intent to terminate the authority and shall provide the
department with an accounting of the assets and liabilities of the
authority.
   (e) Any assets of the authority shall be disposed of pursuant to
provisions contained in the grant agreement entered into between the
state and the authority pursuant to this chapter.
   (f) Notwithstanding the provisions of this chapter, the department
may not enter into any arrangement with the authority to provide
case management or fiscal intermediary services for dental health
care provided to Medi-Cal recipients.
   101530.  (a) The department shall allocate any funds appropriated
for that purpose to the Sonoma County Dental Health Authority for the
provision of dental care and dental hygiene services for Medi-Cal to
recipients covered under the Denti-Cal program, and for indigent
persons in Sonoma County.
   (b) The department shall permit the Sonoma County Dental Health
Authority to impose a fee upon any indigent persons served by the
program, commensurate with their ability to pay. An additional fee
shall not be imposed upon Medi-Cal recipients for services covered by
that program.
   101535.  (a) The department, after consultation with the Sonoma
County Dental Health Authority, shall report to the Legislature on or
before December 31, 1989, on the effectiveness of the pilot project
provided for under this chapter.  The report shall contain
recommendations as to whether the program should be continued or
expanded.
   (b) The report shall include, but not be limited to, all of the
following information, which the department shall take into
consideration in its recommendation:
   (1) The number of indigent patients served.
   (2) The number of dentists, dental auxiliaries, and other persons
who volunteer in the provision of dental care to the indigent
patients.
   (3) The dollar amount billed to the Denti-Cal program, which
provides reimbursement for dental care services under the Medi-Cal
program.
   (4) The dollar amount paid to the pilot project by Denti-Cal.
   (5) The dollar amount of treatment denied by Denti-Cal.
   (6) The dollar amount paid by patients.
   (7) The dollar amount of supplies and equipment donated to the
program.
   (8) The dollar amount paid by the project for overhead.
   (9) The number of hours of service by volunteers.

      CHAPTER 2.  MONTEREY COUNTY SPECIAL HEALTH CARE AUTHORITY
      Article 1.  General Provisions

   101550.  The Board of Supervisors of the County of Monterey may by
ordinance or resolution order the formation of the Monterey County
Special Health Care Authority under this chapter that shall include
all of the incorporated and unincorporated areas of the county.
   101555.  This chapter shall be known and may be cited as the
Monterey County Special Health Care Authority Act.
   101560.  Unless the context otherwise requires, this article
governs the construction of this chapter.  As used in this chapter:
   (a) "Authority" means the Monterey County Special Health Care
Authority.
   (b) "Board" means the Monterey County Special Health Care
Authority Board.
   (c) "County" means the County of Monterey.
   (d) "Health care system" means any system established to arrange
for the provision of medical services.
   (e) "Public agency" means the United States, the State of
California, any political subdivision, county, municipality,
district, or agency of the State of California or of the United
States and any department, bureau or commission of the State of
California or of the United States.
   (f) "Person" means any individual, firm, partnership, association,
corporation, limited liability company, trust, business trust, or
the receiver or trustee or conservator for any of the above, but does
not include a public agency.
   (g) "The professional advisory board" means that advisory board to
the authority's board composed of nine health and medical care
professionals appointed by the Monterey County Board of Supervisors,
five of whom shall be nominated by the Monterey County Medical
Society, with at least one to be a member of the Monterey County
Chapter of the American Academy of Family Practice, one of whom shall
be nominated by Natividad Medical Center, one of whom shall be
nominated by the Monterey County Hospital  Administrators'
Association, and two of whom shall be nominated by other
organizations in the County of Monterey representing other
professional health care providers.
   (h) "The community advisory board" means that advisory board to
the authority's board appointed by the Monterey County Board of
Supervisors which is comprised of 15 persons who represent community
and consumer interests and who do not directly earn their income from
the provision of medical or health services.
   (i) For the purposes of this part, the term "medical services or
medical benefits" does not include dental care or dental benefits.
   (j) For the purposes of this part, the term "health care" does not
include dental care.
      Article 2.  Board of Directors

   101575.  The government of the authority shall be vested in a
board of directors that shall consist of nine members, selected as
follows:
   (a) Five members, one from each supervisorial district, shall be
appointed by the Monterey County Board of Supervisors.
   (b) One member, who shall be a current member of the professional
advisory board, shall be nominated by the authority's professional
advisory board and confirmed by the Monterey County Board of
Supervisors and serve a one-year term.
   (c) One member, who shall be a current member of the community
advisory board, shall be nominated by the authority's community
advisory board and confirmed by the Monterey County Board of
Supervisors and serve a one-year term.
   (d) Two members, both of whom shall be residents of Monterey
County, shall be appointed by the Governor.  The Governor shall make
the appointments from a list containing at least three nominations by
the Monterey County Board of Supervisors.
   101580.  The board at its first meeting, and thereafter annually
at the first meeting in January, shall elect a chair who shall
preside at all meetings, and a vice chair who shall preside in his or
her absence.  In the event of their absence or inability to act, the
members present, by an order entered in the minutes, shall select
one of their members to act as chair pro tem, who, while so acting,
shall have all of the authority of the chair.
   101585.  The board shall establish rules for its proceedings.
   101590.  A majority of the members of the board shall constitute a
quorum for the transaction of business, and all official acts of the
board shall require the affirmative vote of a majority of the
members of the board.
   101595.  The acts of the board shall be expressed by motion,
resolution, or ordinance.
   101600.  Except for initial staggered terms that may be
established by the board, the term of office of each member shall be
four years and, in addition, such time as necessary until the
appointment and qualification of his or her successor.
   101605.  The bodies that originally nominated or appointed a
member whose term has expired shall nominate or appoint the successor
for a full term of four years, except that members who are nominated
by the professional advisory board or by the community advisory
board shall serve a one-year term.
   101610.  Any vacancy on the board shall be filled for the
unexpired term by nomination or appointment by the bodies that
originally nominated or appointed the member whose office has become
vacant.
   101615.  The Professional Advisory Board shall review and comment
on all proposed policies and actions of the board dealing with
arrangements for health care within the board of jurisdiction.
   101620.  The Community Advisory Board shall review and comment on
matters relating to the accessibility and availability of services
arranged by the board.

      Article 3. Powers of the Board

   101625.  The authority is hereby declared to be a body corporate
and politic and shall have power:
   (a) To have perpetual succession.
   (b) To sue and be sued in the name of the authority in all actions
and proceedings in all courts and tribunals of competent
jurisdiction.
   (c) To adopt a seal and alter it at pleasure.
   (d) To take by grant, purchase, gift, devise, or lease, to hold,
use and enjoy, and to lease, convey or dispose of, real and personal
property of every kind, within or without the boundaries of the
authority, necessary or convenient to the full exercise of its
powers.  The board may lease, mortgage, sell, or otherwise dispose of
any real or personal property within or without the boundaries of
the authority necessary to the full or convenient exercise of its
powers.
   (e) To make and enter into contracts with any public agency or
person for the purposes of this chapter.
   (f) To appoint and employ an executive director and other
employees as may be necessary, including legal counsel, establish
their compensation and define their powers and duties.  The board
shall prescribe the amounts and forms of fidelity bond of its
officers and employees.  The cost of these bonds shall be born by the
authority.  The employees and each of them shall serve at the
pleasure of the board.  The authority may also contract for the
services of an independent contractor.
   (g) To incur indebtedness.
   (h) To purchase supplies, equipment, materials, property, or
services.
   (i) To establish policies relating to its purposes.
   (j) To acquire or contract to acquire, rights-of-way, easements,
privileges, or property of every kind within or without the
boundaries of the authority, and construct, equip, maintain, and
operate any and all works or improvements within or without the
boundaries of the authority necessary, convenient, or proper to
carry out any of the provisions, objects or purposes of this chapter,
and to complete, extend, add to, repair, or otherwise improve any
works or improvements acquired by it.
   (k) To make contracts and enter into stipulations of any nature
upon the terms and conditions that the board finds are for the best
interest of the authority for the full exercise of the powers granted
in this chapter.
   (l) To accept gifts, contributions, grants, or loans from any
public agency or person for the purposes this chapter.
   The authority may do any and all things necessary in order to
avail itself of gifts, contributions, grants or loans, and cooperate
under any federal or state legislation in effect on January 25, 1982
or enacted after that date.
   (m) To invest any surplus money in its treasury in the same manner
as the County of Monterey and according to the same laws.
   (n) To negotiate with service providers rates, charges, fees,
rents, and to establish classifications of health care systems
operated by the authority.
   (o) To develop and implement health care delivery systems to
promote quality care and cost efficiency.
   (p) To provide health care delivery systems for any or all of the
following:
   (1) For all persons who are eligible to receive medical benefits
under the Medi-Cal Act (Chapter 7 (commencing with Sec. 14000), Part
3, Division 9, Welfare and Institutions Code) in Monterey County
through waiver, pilot project, or otherwise.
   (2) For all persons in Monterey County who are eligible to receive
medical benefits under both Titles XVIII and XIX of the Social
Security Act.
   (3) For all persons from Monterey County or any city in that
county who are eligible to receive health care under Parts 4.5
(commencing with Section 16700) and 5 (commencing with Section 17000)
of Division 9 of the Welfare and Institutions Code.
   (q) To insure against any accident or destruction of its health
care system or any part thereof.  It may insure against loss of
revenues from any cause.  The district may also provide insurance as
provided in Part 6 (commencing with Section 989) of Division 3.6 of
Title 1 of the Government Code.
   (r) To exercise powers that are expressly granted and powers that
are reasonably implied from those express powers and necessary to
carry out the purposes of this chapter.
   (s) To do any and all things necessary to carry out the purposes
of Part 3 of Division 1.
   101630.  Notwithstanding any other provision of law:
   (a) The state or any state agency may enter into contracts with
the authority for the authority to obtain or arrange for health care
under the authority's health care systems, for all persons who are
eligible to receive medical benefits under the Medi-Cal Act (Chapter
7 (commencing with Sec.  14000), Part 3.  Division 9, Welfare and
Institutions Code) in Monterey County through waiver, pilot project,
or otherwise.
   (b) The County of Monterey or any city in the County of Monterey
may enter into contracts with the authority to obtain or provide
health care services for all persons from Monterey County or any city
in that county who are eligible to receive health care under Parts
4.5 (commencing with Section 16700) and 5 (commencing with Section
17000) of  Division 9 of the Welfare and Institutions Code.
   (c) The department shall pursue waivers of federal law as
necessary, in order to carry out this section.
   101635.  All claims for money or damages against the authority are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code or by other statutes or regulations expressly
applicable.
   101640.  The Board of Supervisors of the County of Monterey may by
ordinance or resolution order the dissolution of the authority by
declaring that there is no need for the authority to function in the
county.  The dissolution shall become effective 180 days after the
date of adoption of the resolution or ordinance ordering the
dissolution.
   As of the effective date of the dissolution of the authority, the
authority shall be dissolved, disincorporated and extinguished, its
existence shall be terminated and all of its corporate powers shall
cease, except for winding up the affairs of the authority.
   For the purpose of winding up the affairs of the dissolved
authority, the County of Monterey shall be the successor.
   Upon the effective date of dissolution, control over all of the
moneys or funds, including on hand and moneys due, but uncollected,
and all property, real or personal, of the authority shall be vested
in the County of Monterey for the purpose of winding up the affairs
of the authority.
   The powers of the county in winding up the affairs of the
authority and the distribution of assets of the authority, shall be
in accordance with Article IV (commencing with Section 56500) of
Chapter 9 of Part 4 of Division 1 of Title 6 of the Government Code.

   This chapter shall prevail over the Government Code in case of any
inconsistencies.
   Monterey County shall remain a separate and distinct governmental
agency separate and apart from the authority and shall have no
liability for any debt, obligation or contract of any kind owed or
incurred by the authority other than to wind up the affairs of the
authority in accordance with this section and solely with the assets
of the authority.
   101645.  (a) The board may by ordinance or resolution provide that
each director of the authority board be paid a sum not to exceed
fifty dollars ($50) remuneration from authority funds, for each board
or committee meeting attended, but not exceeding the sum of one
hundred dollars ($100) per month, plus actual expenses incurred in
attending board or committee meetings at rates payable to officers
and employees of the authority for their attendance at meetings
within the scope of their employment.
   (b) The board may, by ordinance or resolution, provide that each
member of the professional advisory board be paid a sum not to exceed
twenty-five dollars ($25) remuneration from authority funds, for
each board or committee meeting attended, but not exceeding the sum
of fifty dollars ($50) per month, plus his or her reasonable expenses
for participating in authority business.
   (c) The board may by ordinance or resolution provide that each
member of the community advisory board be paid a sum not to exceed
fifteen dollars ($15) remuneration from authority funds, for each
board or committee meeting attended, but not exceeding the sum of
thirty dollars ($30) per month, plus his or her reasonable expenses
for participating in authority business.
   (d) This section shall not apply to staff members of the
authority.
   101650.  The board shall inform the Monterey County Board of
Supervisors in writing of any amendment proposed by the authority to
the Monterey County Special Health Care Authority Act prior to the
authority requesting any legislative action on the amendment.
   The board shall inform the Monterey County Board of Supervisors in
writing of any change proposed by the authority to any state or
federal rule or regulation that may have fiscal impact on the program
or an impact on the quality of medical services or medical benefits
prior to the authority requesting any change.

      CHAPTER 3.  SANTA BARBARA COUNTY SPECIAL HEALTH CARE AUTHORITY
      Article 1.  General Provisions

   101675.  This chapter shall be known and may be cited as the Santa
Barbara Regional Health Authority Act.
   101680.  The Board of Supervisors of the County of Santa Barbara
may, by ordinance or resolution, order the formation of the Santa
Barbara Regional Health Authority under this chapter that shall
include all of the incorporated and unincorporated areas of the
county.
   101685.  Unless the context otherwise requires, this article
governs the construction of this chapter.  As used in this chapter:
   (a) "Authority" means the Santa Barbara Regional Health Authority.

   (b) "Board" means the Santa Barbara Regional Health Authority
Board of Directors.
   (c) "County" means the County of Santa Barbara.
   (d) "Health care system" means any system established to arrange
for the provision of medical services.
   (e) "Public agency" means the United States, the State of
California, any political subdivision, county, municipality,
district, or agency of the State of California or of the United
                                    States and any department, bureau
or commission of the State of California or of the United States.
   (f) "Person" means any individual, firm, partnership, association,
corporation, limited liability company, trust, business trust, or
the receiver or trustee or conservator for any of the above, but does
not include a public agency.
   (g) "Professional advisory boards" means the boards appointed by
the board of directors of the authority pursuant to its rules which
shall consist of a representative cross-section of professional
providers of health care services within the county.
   (h) "Community advisory boards" means advisory boards to the
authority's board appointed by the board of directors of the
authority which shall consist of persons who represent community and
consumer interests and who do not directly earn their income from the
provision of medical health services.
   101690.  The governing body of the authority shall be vested in a
board of directors that shall consist of 11 members appointed by the
county's board of supervisors as follows:
   (a) Three members shall be elected or appointed officers or
employees of the county, at least one of whom shall be a member of
the board of supervisors.
   (b) Three members shall be county residents consisting of one who
shall be a recipient of Medi-Cal, provided for under Sections 14000
and following, of the Welfare and Institutions Code, one of whom
shall be a recipient of Medicare, provided for under Title XVIII of
the federal Social Security Act, and one of whom shall be a
representative of a community business that does not provide health
care.
   (c) Five members shall be representatives of providers of health
care services in the county including:  (1) two physicians, one of
whom shall be appointed from a list established by the County Medical
Society and the other from a list established by the hospitals
within the county.  One of the appointed physicians shall be a
resident of and in practice in the fourth or fifth supervisorial
district of the county; (2) two hospital administrators, one from
hospitals located in either the first, second or third supervisorial
districts of the county and the other from either the fourth or fifth
supervisorial districts; and (3) one nonhospital or nonphysician
health care provider.
   101695.  The board, at its first meeting, and annually thereafter
at the first meeting in January, shall elect a chair who shall
preside at all meetings, and a vice chair who shall preside in his or
her absence.  In the event of their absence or inability to act, the
members present, by an order entered in the minutes, shall select
one of their members to act as chair pro tempore, who, while so
acting, shall have all of the authority of the chair.
   101700.  The board shall establish rules for its proceedings.
There shall be at least four meetings per year.  Board members shall
be entitled to one hundred dollars ($100) remuneration from authority
funds, for each board meeting attended and the authority may pay
remuneration to board members attending meetings of committees of the
board except that remuneration for attending board meetings and
board committee meetings shall not exceed the sum of two hundred
dollars ($200) per month, plus actual expenses incurred in attending
meetings at rates payable to county officers and employees.  The per
diem rate of one hundred dollars ($100) may be increased by the board
subject to approval by the board of supervisors.
   101705.  A majority of the members of the board shall constitute a
quorum for the transaction of business, and all official acts of the
board shall require the affirmative vote of a majority of the
members of the board.
   101710.  The acts of the board shall be expressed by motion,
resolution or ordinance.
   101715.  Except for initial staggered terms that may be
established by the board, the term of office of each noncounty member
shall be two years and, in addition, time as necessary until the
appointment and qualification of his or her successor.  County
officers or employees shall serve at the pleasure of the board of
supervisors.
   101720.  Any vacancy on the board shall be filled for the
unexpired term by the county's board of supervisors.
   101725.  Professional advisory and community advisory boards shall
review and comment on proposed policies and actions of the board
dealing with the arrangements for health care within the jurisdiction
of the authority.
   101730.  The board may allow as a charge against the authority,
reimbursement to members of professional and community advisory
boards, of actually incurred expenses in attending meetings in
amounts allowed by the board of supervisors to county officers and
employees.
      Article 2.  Powers of the Authority

   101750.  The authority is hereby declared to be a body corporate
and politic and it shall have power:
   (a) To have perpetual succession.
   (b) To sue and be sued in the name of the authority in all actions
and proceedings in all courts and tribunals of competent
jurisdiction.
   (c) To adopt a seal and alter it at pleasure.
   (d) To take by grant, purchase, gift, devise, or lease, to hold,
use and enjoy, and to lease, convey or dispose of, real and personal
property of every kind, within or without the boundaries of the
authority, necessary or convenient to the full exercise of its
powers.  The board may lease, mortgage, sell, or otherwise dispose of
any real or personal property within or without the boundaries of
the authority necessary to the full or convenient exercise of its
powers.
   (e) To make and enter into contracts with any public agency or
person for the purposes of this chapter.  Members of the board shall
be disqualified from voting on contracts in which they have a
financial interest.  Notwithstanding any other provision of law,
members shall not be disqualified from continuing to serve as a
member of the board and a contract may not be avoided solely because
of a member's financial interest.
   (f) To appoint and employ an executive director and other
employees as may be necessary, including legal counsel, fix their
compensation and define their powers and duties.  The board shall
prescribe the amounts and forms of fidelity bond of its officers and
employees.  The cost of these bonds shall be borne by the authority.
The authority may also contract for the services of an independent
contractor.
   (g) To incur indebtedness not exceeding revenue in any year.
   (h) To purchase supplies, equipment, materials, property, or
services.
   (i) To establish policies relating to its purposes.
   (j) To acquire or contract to acquire, rights-of-way, easements,
privileges, or property of every kind within or without the
boundaries of the authority, and construct, equip, maintain, and
operate any and all works or improvements within or without the
boundaries of the authority necessary, convenient, or proper to carry
out any of the provisions, objects or purposes of this chapter, and
to complete, extend, add to, repair, or otherwise improve any works
or improvements acquired by it.
   (k) To make contracts and enter into stipulations of any nature
upon the terms and conditions that the board finds are for the best
interest of the authority for the full exercise of the powers granted
in this chapter.
   (l) To accept gifts, contributions, grants or loans from any
public agency or person for the purposes of this chapter.  The
authority may do any and all things necessary in order to avail
itself of the gifts, contributions, grants or loans, and cooperate
under any federal or state legislation in effect on March 25, 1982 or
enacted after that date.
   (m) To manage its moneys and to provide depository and auditing
services pursuant to either of the methods applicable to special
districts as set forth in the Government Code.
   (n) To negotiate with service providers rates, charges, fees and
rents, and to establish classifications of health care systems
operated by the authority.  Members of the board who are county
officers and employees may vote to approve arrangements and
agreements between the authority and the county as a service provider
and these directors shall not thus be disqualified solely for the
reason that they are employed by the county.
   (o) To develop and implement health care delivery systems to
promote quality care and cost efficiency and to provide appeal and
grievance procedures available to both providers and consumers.
   (p) To provide health care delivery systems for any or all of the
following:
   (1) For all persons who are eligible to receive medical benefits
under the Medi-Cal Act, as set forth in Sections 14000 and following,
of the Welfare and Institutions Code in the county through waiver,
pilot project, or otherwise.
   (2) For all persons in the county who are eligible to receive
medical benefits under both Titles XVIII and XIX of the federal
Social Security Act.
   (3) For all persons in the county who are eligible to receive
medical benefits under Title XVIII of the federal Social Security
Act.
   (4) For all persons in the county who are eligible to receive
medical benefits under publicly supported programs if the authority,
and participating providers acting pursuant to subcontracts with the
authority, agree to hold harmless the beneficiaries of the publicly
supported programs if the contract between the sponsoring government
agency and the authority does not ensure sufficient funding to cover
program benefits.
   (q) To insure against any accident or destruction of its health
care system or any part thereof.  It may insure against loss of
revenues from any cause.  The authority may also provide insurance as
provided in Part 6 (commencing with Section 989) of Division 3.6 of
Title 1 of the Government Code.
   (r) To exercise powers that are expressly granted and powers that
are reasonably implied from express powers and necessary to carry out
the purposes of this chapter.
   (s) To do any and all things necessary to carry out the purposes
of this chapter.
   101755.  Notwithstanding any other provision of law, the state or
any state agency may enter into contracts with the authority for the
authority to obtain or arrange for health care under the authority's
health care systems, for all persons who are eligible to receive
medical benefits under the Medi-Cal Act,  as set forth in Section
14000 et seq., of the Welfare and Institutions Code, in Santa Barbara
County through waiver, pilot project, or otherwise.
   101760.  Notwithstanding any other provision of this chapter, the
board of supervisors of the county may review major administrative
decisions of the authority, excluding those involving personnel
matters, upon appeal by the affected person and upon a majority vote
of the board of supervisors.  The board of supervisors may either
approve, modify, reflect or repeal these decisions.  The action of
the board of supervisors shall be deemed to constitute a final
administrative remedy.  The board of supervisors and the authority
shall mutually develop and agree on rules and regulations setting
forth review procedures and guidelines to determine which decisions
of the authority are major so as to confer appellate jurisdiction
upon the board of supervisors.  The board of supervisors shall adopt
the mutually agreed upon rules and regulations by resolution or
ordinance.
   This section shall not be operative until adopted by resolution by
the board of supervisors.
   101765.  Any licensed provider eligible to receive Medi-Cal
reimbursement under law and who enters into a written contract with
the authority under terms and conditions approved by the department
shall be able to participate in this program as a provider.  A
written agreement shall not be required if any of the following
circumstances apply:
   (a) The provider renders any medically necessary emergency health
care on a nonroutine basis.
   (b) The provider renders services that are duly authorized by the
authority, if the services are either seldom used or are rendered
outside of the county.
   101770.  All claims for money or damages against the authority are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code, except as provided in those parts, or by other
statutes or regulations expressly applicable to those parts.
   101775.  In the formation of the authority pursuant to this
chapter, Section 54773 et seq., of the Government Code is not
applicable.
   101780.  The board of supervisors may, by ordinance or resolution,
order the dissolution of the authority by declaring that there is no
need for the authority to function in the county.  The dissolution
shall become effective 180 days after the date of adoption of the
resolution or ordinance ordering the dissolution.
   As of the effective date of the dissolution of the authority, the
authority shall be dissolved, disincorporated and extinguished; its
existence shall be terminated and all of its corporate powers shall
cease, except for winding up the affairs of the authority.
   For the purpose of winding up the affairs of the dissolved
authority, the County of Santa Barbara shall be the successor.
   Upon the effective date of dissolution, control over all of the
moneys or funds, including on hand and moneys due, but uncollected,
and all property, real or personal, of the authority shall be vested
in the County of Santa Barbara for the purpose of winding up the
affairs of the authority.
   The powers of the county in winding up the affairs of the
authority and the distribution of assets of the authority, shall be
in accordance with Article 4 (commencing with Section 56500) of
Chapter 9 of Part 4 of Division 1 of Title 6 of the Government Code.
The liability of the county as successor shall be limited to the
assets of the authority.
   101785.  If the board of supervisors does not, by ordinance or
resolution, order the formation of the authority under this chapter
prior to January 1, 1986, this chapter is repealed as of January 1,
1986, unless a later enacted statute, chaptered before that date,
deletes or extends that date.
   On or before January 15, 1986, the board of supervisors shall
report to the Secretary of State as to whether it has established the
authority.

      CHAPTER 4.  VOLUNTARY HEALTH FACILITY PHILANTHROPIC SUPPORT ACT

   101800.  This Chapter shall be known and may be cited as the
Voluntary Health Facility and Clinic Philanthropic Support Act.
   101805.  The Legislature finds and declares that, while there
continues to be a need to focus on the deficiencies in the health
care system and on corrective reform measures that might be taken,
there is also need for focus on the enhancement of its strengths.
Existing philanthropic support for health facilities and clinics is a
strength which must be preserved and enhanced under any reform
measure for all of the following reasons:
   (a) Philanthropy imbues members of the community with a sense of
pride in their voluntary nonprofit health facilities and clinics and
creates a setting in which members of the community are willing to
devote time and effort to improve health care available in the
community in a way that government regulation could never replace.
   (b) Philanthropy allows voluntary nonprofit institutions to
conduct research and to  engage in other innovative efforts to
improve health care in California.
   (c) Philanthropy provides required discretionary dollars for
voluntary nonprofit institutions, which, in part, substitute for the
absence of profits.
   (d) Philanthropy allows hospitals to replace wornout and obsolete
facilities when, in a period of high inflation, historical costs
accumulated through depreciation are totally insufficient to provide
for such replacement.
   (e) Philanthropy pays for necessary expenditures that otherwise
would have to be paid by patients or by government.
   (f) Philanthropy may be discouraged by certain shortsighted
actions of administrative agencies which, while purporting to serve a
short-term purpose, seriously deter the vast benefits to the health
care field inuring directly from philanthropy and  voluntarism.
   (g) Recent amendments to the federal tax laws to  broaden the use
of the standard deduction also have the effect of eliminating
important incentives for philanthropy.
   101810.  It is, therefore, the intent of the Legislature to create
an environment in which philanthropy and voluntarism in the health
care field and the vast benefits arising from it for the citizens of
California can be encouraged.  The Legislature hereby declares it to
be the policy of this state that philanthropic support for health
care be encouraged and expanded, especially in support of
experimental and innovative efforts to improve the health care
delivery system.
   101815.  For purposes of any state law, whether enacted before or
on or after January 1, 1980, which in any manner provides for
regulation, review, or reporting of the budget, rates, or revenues of
health facilities, as defined in Section 1250, or clinics, as
defined in Section 1204, including the provisions of Part 1.7
(commencing with Section 440), none of the following shall be treated
directly, or indirectly, as revenues allocable to the cost of care
provided by the health facility or clinic:
   (a) A donor-designated or restricted grant, gift, endowment, or
income therefrom, as defined in Section 405.423(b) of Title 42 of the
Code of Federal Regulations, insofar as permitted by federal law.
   (b) A grant or gift, or income from such grant or gift, which is
not available for use as operating funds because of its designation
by the governing board or entity of the health facility or clinic.
   (c) A grant or similar payment which is made by a governmental
entity and which is not available, under the terms of the grant or
payment, for use as operating funds.
   (d) Amounts attributable to the sale or mortgage of any real
estate or other capital assets of the health facility or clinic which
it acquired through a gift or grant, and which are not available for
use as operating funds under the terms of the gift or grant or
because of designation as provided in subdivision (b).
   (e) A depreciation fund which is created by the health facility or
clinic in order to meet a condition imposed by a third party for the
third party's financing of a capital improvement of the health
facility or clinic, provided the fund is used exclusively to make
payments to such third party for the financing of such capital
improvement.
   (f) Funds used to defray the expense of fundraising.
   101820.  No state law shall be construed in such a way as to
discourage philanthropic support of health facilities and clinics, or
to otherwise hinder the use of such support for purposes determined
by the recipients to be in the best interests of the physicians and
patients it serves.
   However, in enacting this article and Section 14106.2 of the
Welfare and Institutions Code, the Legislature does not intend to
place any restrictions on cost containment measures relating to
health facilities which may be enacted in the future.
  SEC. 4.  Division 102 (commencing with Section 102100) is added to
the Health and Safety Code, to read:

      DIVISION 102.  VITAL RECORDS AND HEALTH STATISTICS
      PART 1.  VITAL RECORDS
      CHAPTER 1.  GENERAL PROVISIONS

   102100.  Each live birth, fetal death, death, and marriage that
occurs in the state shall be registered as provided in this part on
the prescribed certificate forms.  In addition, a report of every
judgment of dissolution of marriage, legal separation, or nullity
decree shall be filed with the State Registrar, as provided in this
part.  All confidential information included in birth, fetal death,
death, and marriage certificates and reports of dissolution of
marriage, legal separation, or nullity that are required to be filed
by this part, shall be exempt from the California Public Records Act
contained in Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code.
   102105.  The department is charged with the uniform and thorough
enforcement of this part throughout the state, and may adopt
additional regulations for its enforcement.
   102110.  The State Registrar shall adopt regulations specifying
both of the following:
   (a) Procedures to assure the confidentiality of the confidential
portion of the certificate of live birth, specified in subdivision
(b) of Section 102425, and the medical and health report, specified
in Section 102445.
   (b) Procedures regarding access to records required by this part.

   102115.  The department may make and enforce regulations for the
embalming, cremation, interment, disinterment and transportation of
the dead in matters relating to communicable diseases.
   102120.  The State Registrar shall inform all local registrars
which diseases are to be considered infectious, contagious, or
communicable and dangerous to the public health, as decided by the
department, in order that when deaths occur in which the diseases are
involved, proper precautions may be taken to prevent their spread.

   102125.  All certificates of live birth, fetal death, or death
shall be written legibly, in durable black ink, and a certificate is
not complete and correct that does not supply all of the items of
information called for, or satisfactorily account for their omission.

   102130.  All certificates of registry of marriage shall be written
legibly and shall be photographically and micrographically
reproducible.  A certificate of registry of marriage is not complete
and correct that does not supply all of the items of information
called for, or satisfactorily account for their omission.
   102135.  (a) All physicians, informants, funeral directors,
clergy, or judges and all other persons having knowledge of the
facts, shall supply upon the prescribed forms any information that
they possess regarding any birth, fetal death, death, or marriage
upon demand of the state or local registrar.
   (b) All physicians, informants, funeral directors, clergy, judges,
public employees, or other persons who supply upon prescribed forms
information that they possess regarding any birth, fetal death,
death, or marriage shall in no case use a derogatory, demeaning, or
colloquial racial or ethnic descriptor.
   102140.  No alteration or change in any respect shall be made on
any certificate after its acceptance for registration by the local
registrar, or on other records made in pursuance of this part, except
where supplemental information required for statistical purposes is
furnished.
   102145.  Every person in charge of a hospital or other institution
to which persons are admitted for treatment or confinement shall
make a record of the personal, medical and other information for each
patient sufficient and adequate for the completion of a birth or
death certificate.
   102150.  (a) When objection is made by either parent to the
furnishing of information requested in items (3), (9), and (10) in
the confidential portion of the certificate of live birth, specified
in subdivision (b) of Section 102425, this information shall not be
required to be entered on that portion of the certificate of live
birth.
   (b) A parent is not required to disclose his or her social
security number as required by paragraph (14) of subdivision (b) of
Section 102425 if the parent has good cause for not disclosing his or
her social security number.  Good cause shall be defined by
regulations adopted by the State Department of Social Services.
   102155.  "Absence of conflicting information relative to parentage"
as used in Chapter 5 (commencing with Section 102625) or Chapter 11
(commencing with Section 103225) includes entries such as "unknown,"
"not given," "refused to state," or "obviously fictitious names."

      CHAPTER 2.  ADMINISTRATION
      Article 1.  State Administration

   102175.  The director shall be the State Registrar of Vital
Statistics.
   102180.  The State Registrar is charged with the execution of this
part in this state, and has supervisory power over local registrars,
so that there shall be uniform compliance with all of the
requirements of this part.
   102185.  The State Registrar may investigate cases of irregularity
or violations of this part.
   102190.  When the State Registrar deems it necessary, he or she
shall report cases of violation of any of the provisions of this part
to the district attorney of the county where the violation occurred,
with a statement of the facts and circumstances; and the district
attorney shall forthwith initiate and promptly follow up with the
necessary court proceedings.
   102195.  The Attorney General shall assist in the enforcement of
this part upon request of the State Registrar.
   102200.  The State Registrar shall prescribe and furnish all
record forms for use in carrying out the purposes of this part, or
shall prescribe the format, quality, and content of forms
electronically produced in each county, and no record forms or
formats other than those prescribed shall be used.
   102205.  The State Registrar shall prepare and issue detailed
instructions as may be required to procure the uniform observance of
this part and the maintenance of a satisfactory system of
registration.
   102210.  The State Registrar shall establish registration
districts within the State for the purposes of this part.
   102215.  The State Registrar of Vital Statistics may call into
conference the local registrars or their chief deputies, in groups
and at places within the state as may be designated by him or her, to
meet with him or her or his or her duly authorized representatives,
for the purpose of discussing problems dealing with registration of
births, fetal deaths, deaths, and marriages, in order to promote
uniformity of policy and procedure throughout the state in matters
pertaining to vital registration; provided further, that the actual
and necessary expenses incident to attendance at not more than one
such meeting per year shall with the prior approval of the local
legislative body be a legal charge against the local governmental
unit.
   102220.  The State Registrar shall carefully examine the
certificates received from the local registrars of births, deaths,
and fetal deaths, and if they are incomplete or unsatisfactory shall
require any further information that may be necessary to make the
record complete and satisfactory.

    102225.  The State Registrar shall carefully examine the marriage
certificates received from the county recorders, and if they are
incomplete or unsatisfactory shall require any further information
that may be necessary to make the record complete and satisfactory.
Any certificates that are determined to be incomplete or
unsatisfactory shall be returned to the county recorder within 90
days after receipt by the State Registrar.  If a certificate is not
returned to the county recorder within 90 days, the State Registrar
shall register the certificate as presented.
   102230.  The State Registrar shall arrange and permanently
preserve the certificates in a systematic manner and shall prepare
and maintain a comprehensive and continuous index of all certificates
registered.
   102235.  Notwithstanding any other provisions of law relating to
retention of public records, the State Registrar may cause the
original records of birth, death and marriage filed under this part
to be destroyed if all of the following requirements have been met:
   (a) One year has elapsed since the date of registration of the
records.
   (b) The birth, death, or marriage records have been reproduced
onto microfilm or optical disk or by any other technique that does
not permit additions, deletions, or changes to the original document
in compliance with the minimum standards or guidelines, or both,
recommended by the American National Standards Institute or the
Association for Information and Image Management for recording of
permanent records or nonpermanent records, whichever applies.
   (c) Adequate provisions are made that the permanent storage medium
reflects additions or corrections to the records.
   (d) A permanent copy is maintained in a manner that permits it to
be used for all purposes served by the original record.
   (e) A permanent copy has been stored at a separate physical
location in a place and manner that will reasonably assure its
preservation indefinitely against loss or destruction.
   102240.  Any certified photographic reproduction of any record
stored on a permanent storage medium under this chapter shall be
deemed to be a certification of the original record.
   102245.  On and after January 1, 1978, whenever the State
Registrar receives a death certificate from a local registrar, the
State Registrar shall determine whether the state records contain the
birth certificate of the deceased or a reproduction thereof as
authorized under this chapter.  If the State Registrar has such a
record of birth, it shall be revised to indicate the date of the
death of the registrant, or, alternatively, a notation to that effect
shall be entered in the State Registrar's index of births adjacent
to the name of the deceased.  The State Registrar, pursuant to an
ongoing program, shall distribute, without charge, on a monthly basis
to each county, a list of deceased registrants to enable local
registrars and recorders to update their files.  Upon receipt of such
a list the local registrar or county recorder shall revise the local
records or indexes accordingly.
   Subject to the availability of funds appropriated for that
purpose, the State Registrar may similarly revise or index birth
records of registrants whose death certificates were filed prior to
January 1, 1978.
   102247.  (a) There is hereby created in the State Treasury the
Health Statistics Special Fund.  The fund shall consist of revenues
including, but not limited to, all of the following:
   (1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26800) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600), of Part 1, of Division 102.
   (2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
   (3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
   (4) Funds deposited into the Vital Records Improvement Account
pursuant to Section 103640.
   (5) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, fees allocated to the Judicial
Council pursuant to Section 1852 of the Family Code, and fees
collected pursuant to Section 103645, all of which shall be deposited
into the General Fund.
   (b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
   (c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
   (d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
   (1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
   (2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
   (3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
   (e) This section shall become operative on July 1, 1995.
   102249.  (a) The State Registrar shall expend funds in the Health
Statistics Special Fund, upon appropriation by the Legislature, for
all of the following:
   (1) Support existing programs within the State Registrar's office.

   (2) Implement and support new programs within the State Registrar'
s office that meet its goals and objectives.
   (3) Build a data system that will support policy analysis and
program decisions at all levels, be useful to health care providers,
local and community agencies, and the state, and ultimately benefit
consumers of health care services.
   (4) Develop and maintain public health data bases.
   (5) Access and analyze data in order to develop and evaluate
California's health policy.
   (6) Conduct special studies and prepare statistical reports
concerning the health status of Californians.
   (7) Develop and maintain an automation system for vital event
registration.
   (8) Disseminate vital event information and statistical reports to
the public.
   (b) This section shall become operative on July 1, 1995.
   102250.  (a) There is a State Vital Record Improvement Account in
the Health Statistics Special Fund.
   (b) The remainder of the moneys in the account that are not
subject to local allocations on July 1, 1995, pursuant to subdivision
(a) of former Section 10040, shall be utilized by the State
Registrar to improve and automate the processing of vital records
maintained by the State Registrar.
   (c) This section shall become operative July 1, 1995.

      Article 2.  Local Administration

   102275.  The health officer of any approved local health
department, as defined in Article 1 (commencing with Section 101175)
of Part 3 of Division 101 and approved thereunder, is the local
registrar in and for all registration districts within that health
jurisdiction and shall perform all the duties of local registrar of
births and deaths.
   102280.  In other areas, the State Registrar shall appoint a local
registrar of births and deaths for each registration district, whose
term of office shall be four years.  The State Registrar may remove
such appointee forthwith for failure or neglect to perform his or her
duty.
   102285.  The county recorder is the local registrar of marriages
and shall perform all the duties of the local registrar of marriages.

   102290.  Each assistant or deputy of a local registrar may perform
all of the duties of the local registrar in the name and place of
his or her principal.
   102295.  Each local registrar is hereby charged with the
enforcement of this part in his or her registration district under
the supervision and direction of the State Registrar and shall make
an immediate report to the State Registrar of any violation of this
law coming to his or her knowledge.
   102300.  Each local registrar shall supply blank forms to persons
who require them.
   102305.  The local registrar of births and deaths shall carefully
examine each certificate before acceptance for registration and, if
any are not completed in a manner consistent with the policies
established by the State Registrar, he or she shall require further
information to be furnished as may be necessary to make the record
consistent with those policies before acceptance for registration.
   102310.  The local registrar of marriages shall carefully examine
each certificate before acceptance for registration and, if it is
incomplete or unsatisfactory, he or she or she shall require any
further information to be furnished as may be necessary to make the
record satisfactory before acceptance for registration.
   102315.  The local registrar shall affix his or her signature to
each certificate in attest to the date of acceptance for registration
in his or her office.
   102320.  The local registrar shall number the certificates of live
birth, fetal death, and death consecutively in separate series,
beginning with number one for the first event in each calendar year.

   102325.  The local registrar shall number each certificate of
marriage consecutively beginning with the number one for either the
first event occurring, or first event registered in, each calendar
year.  Numbering may be based on either the year that the event
occurs or the year of registration.
   102330.  The local registrar shall make a complete and accurate
copy of each certificate accepted for registration and shall preserve
it in his or her office as the local registrar's copy of the record
in the manner directed by the State Registrar.
   102335.  Each local registrar of births and deaths, except a local
registrar of a city and county shall transmit to the county recorder
for a special county record at the same time the original
certificates are forwarded to the State Registrar a copy of each
original birth certificate and death certificate.
   In lieu of the procedure outlined above in this section, the
county recorder may make the copies of certificates for the special
county record, in which case the original certificates shall be
transmitted by the local registrar to the county recorder for this
purpose, after which the county recorder shall forward the original
certificates to the State Registrar pursuant to Section 102345.
   102340.  Any local registrar serving a county-wide health
jurisdiction of over 550,000 population, as determined by the
official 1950 census, and in whose office is maintained a central
depository of birth and death records, is excepted from Section
102335.
   102345.  (a) The local registrar of births and deaths shall
transmit each week to the State Registrar all original certificates
accepted for registration by him or her during the preceding week.
   (b) This section shall become operative on January 1, 1993.
   102350.  The county board of supervisors may, by resolution,
require the local registrar to send a copy of each certificate of
death to the physician and surgeon whose statement appears on the
certificate pursuant to Section 102825.
   102355.  The local registrar of marriages shall transmit to the
State Registrar on or before the fifth day of each month all original
certificates of registry of marriage accepted for registration by
him or her during the preceding month.  Certificates shall be batched
by calendar year of event prior to transmission.  Certificates may
be transmitted at more frequent intervals by arrangement with the
State Registrar.
   102360.  The local registrar of births and deaths shall furnish to
the registrar of voters or county clerk not later than the 15th day
of each month a notification of all deceased persons 18 years of age
and over whose deaths were registered with him or her or of whose
deaths he or she was notified by the state registrar of vital
statistics during the preceding month.  This notification shall
include at least the name, social security number, sex, age,
birthplace, birthdate, place of residence, and date and place of
death for each decedent.  Copies of this notification list shall be
sent at the same time to the county welfare department and the local
district social security office.
   102365.  Notwithstanding any other law to the contrary, a local
registrar of births and deaths, after one year from the date of
registration and with the approval of, and under the supervision of,
the State Registrar, may dispose of the local registrar's copies of
the records, if both of the following exist:
   (a) The original copies of the records are on file in the office
of the State Registrar.
   (b) Copies of the records are on file in the office of the county
recorder.  If the county recorder does not have copies of the
records, he or she may accept the local registrar's copies as a
special county record of the events.
   102370.  The county recorder is hereby authorized to receive
original records or abstracts of records of any birth or death that
were filed with any political subdivision prior to July 1, 1905, and
to retain them as a special county record of the events.
   102375.  Special county records of birth certificates and death
certificates transmitted and filed with the county recorder under
this article shall be open for inspection by the public in accordance
with regulations adopted by the department for local registrars.
   Nothing in this section shall authorize the use of a certificate
marked pursuant to subdivision (a) of former Section 10056.5 by any
person compiling a business contact list.
   102380.  The county recorder and the local registrar of births and
deaths, with the approval and under the supervision of the State
Registrar and with the approval of the board of supervisors of any
county or city and county by ordinance, may authorize the transfer of
special county records of deaths and marriages and local registrar's
records of deaths for events that occurred subsequent to July 1,
1905, to a private nonprofit agency or public agency that shall
preserve the records for local public use.  The receiving agency
shall protect and preserve the records to assure access for any
person who has a need or interest in reviewing the records, and shall
prohibit the photocopying or sale of copies of the records, but may
convert the records to microform format.
   If the office of the local registrar or the county recorder does
not have copies of the records, that office is hereby authorized to
accept them from the county recorder or local registrar.
   102385.  If a public agency or private nonprofit agency that
receives copies of records pursuant to this section is unable to
assure the continued preservation and protection of those records for
public use, the records shall be returned to the contributing local
registrar or county recorder.
   102390.  Any record of death and marriage transferred to a public
agency or private nonprofit agency pursuant to Section 102380 is
exempt from Sections 102230 and 103245.
   102395.  Special county records of birth, death, and marriage and
the local registrar's records of birth, death, and marriage shall be
subject to Sections 26205.5 and 26205.7 of the Government Code.

      CHAPTER 3.  LIVE BIRTH REGISTRATION
      Article 1.  Duty of Registering Live Birth

   102400.  Each live birth shall be registered with the local
registrar of births and deaths for the district in which the birth
occurred within 10 days following the date of the event.
   102405.  For live births that occur in a hospital, the
administrator of the hospital or a representative designated by the
administrator in writing may sign the birth certificate certifying
the fact of birth instead of the attending physician and surgeon,
certified nurse midwife, or principal attendant if the physician and
surgeon, certified nurse midwife, or principal attendant is not
available to sign the certificate; and shall be responsible for
registering the certificate with the local registrar within the time
specified in Section 102400.
   102410.  For those live births occurring in a hospital, and upon a
parent's request, a footprint shall be taken of the child prior to
discharge from the facility and shall be made available to the
parents.  The footprint shall be placed on a sheet of paper that is
separate from the birth certificate, shall only be prepared for the
parents prior to discharge from the hospital, and need not be
retained or kept on file.
   102415.  For live births that occur outside of a hospital, the
physician in attendance at the birth; or in the absence of a
physician, either one of the parents shall be responsible for
entering the information on the certificate, securing the required
signatures, and for registering the certificate with the local
registrar.

      Article 2.  Content of Certificate of Live Birth

   102425.  (a) The certificate of live birth for any live birth
occurring on or after January 1, 1980, shall contain those items
necessary to establish the fact of the birth and shall contain only
the following information:
   (1) Full name and sex of child.
   (2) Date of birth, including month, day, hour, and year.
   (3) Planned place of birth and place of birth.
   (4) Full name of father, birthplace, and date of birth of father
including month, day, and year.
   (5) Full birth name of mother, birthplace, and date of birth of
mother including month, day, and year.
   (6) Multiple births and birth order of multiple births.
   (7) Signature, and relationship to child, of a parent or other
informant, and date signed.
   (8) Name, title, and mailing address of attending physician and
surgeon or principal attendant, signature, and certification of live
birth by attending physician and surgeon or principal attendant or
certifier, date signed, and name and title of certifier if other than
attending physician and surgeon or principal attendant.
   (9) Date accepted for registration and signature of local
registrar.
   (10) A state birth certificate number and local registration
district and number.
   (11) A blank space for entry of date of death with a caption
reading "Date of Death."
   (b) In addition to the items listed in subdivision (a), the
certificate of live birth shall contain the following medical and
social information, provided that the information is kept
confidential pursuant to Sections 102430 and 102447 and is clearly
labeled "Confidential Information for Public Health Use Only":
   (1) Birth weight.
   (2) Pregnancy history.
   (3) Race and ethnicity of mother and father.
   (4) Residence address of mother.
   (5) A blank space for entry of census tract for mother's address.

   (6) Month prenatal care began and number of prenatal visits.
   (7) Date of last normal menses.
   (8) Description of complications of pregnancy and concurrent
illnesses, congenital malformation, and any complication of labor and
delivery, including surgery; provided that this information is
essential medical information and appears in total on the face of the
certificate.
   (9) Mother's and father's occupations and kind of business or
industry.
   (10) Education level of mother and father.
   (11) Principal source of pay for prenatal care, which shall
include all of the following:  Medi-Cal, health maintenance
organization or prepaid health plan, private insurance companies,
medically indigent, self-pay, other sources which shall include,
Medicare, workers' compensation, Title V, other government or
nongovernment  programs, no charge, and other categories as
determined by the State Department of Health Services.
   This paragraph shall become inoperative on January 1, 1999, or on
the implementation date of the decennial birth certificate revision
due to occur on or about January 1, 1999, whichever occurs first.
   (12) Expected principal source of pay for delivery, which shall
include all of the following:  Medi-Cal, health maintenance
organization or prepaid health plan, private insurance companies,
medically indigent, self-pay, other sources which shall include,
Medicare, workers' compensation, Title V, other government or
nongovernment programs, no charge, and other categories as determined
by the State Department of Health Services.
   This paragraph shall become inoperative on January 1, 1999, or on
the implementation date of the decennial birth certificate revision
due to occur on or about January 1, 1999, whichever occurs first.
   (13) An indication of whether or not the child's parent desires
the automatic issuance of a Social Security number to the child.
   (14) On and after January 1, 1995, the social security numbers of
the mother and father, unless subdivision (b) of Section 102150
applies.
   (c) Item 8, specified in subdivision (b), shall be completed by
the attending physician and surgeon or the attending physician's and
surgeon's designated representative.  The names and addresses of
children born with congenital malformations, who require followup
treatment, as determined by the child's physician and surgeon, shall
be furnished by the physician and surgeon to the local health
officer, if permission is granted by either parent of the child.
   (d) The parent shall only be asked to sign the form after both the
public portion and the confidential medical and social information
items have been entered upon the certificate of live birth.
   (e) The State Registrar shall instruct all local registrars to
collect the information specified in this section with respect to
certificates of live birth.  The information shall be transcribed on
the certificate of live birth in use at the time and shall be limited
to the information specified in this section.
   Information relating to concurrent illnesses, complications of
pregnancy and delivery, and congenital malformations shall be
completed by the physician and surgeon, or physician's and surgeon's
designee, inserting in the space provided on the confidential portion
of the certificate the appropriate number or numbers listed on the
VS-10A supplemental worksheet.  The VS-10A supplemental form shall be
used as a worksheet only and shall not in any manner be linked with
the identity of the child or the mother, nor submitted with the
certificate to the State Registrar.  All information transferred from
the worksheet to the certificate shall be fully explained to the
parent or other informant prior to the signing of  the certificate.
No questions relating to drug or alcohol abuse may be asked.
   (f) If the implementation date of the decennial birth certificate
revision occurs prior to January 1, 1999, within 30 days of this
implementation date the State Department of Health Services shall
file a letter with the Secretary of the Senate and with the Chief
Clerk of the Assembly, so certifying.
   102430.  (a) The second section of the certificate of live birth
as specified in subdivision (b) of Section 102425 shall be
confidential.  Access to that portion of any certificate of live
birth shall be limited to the following:
   (1) Department staff.
   (2) Local registrar's staff and local health department staff when
approved by the local registrar or local health officer,
respectively.
   (3) Persons with a valid scientific interest as determined by the
State Registrar, who are engaged in demographic, epidemiological or
other similar studies related to health, and who agree to maintain
confidentiality as prescribed by this part and by regulation of the
State Registrar.
   (4) The parent who signed the certificate or, if no parent signed
the certificate, the mother.
   (5) The person named on the certificate.
   (6) Any person who has petitioned to adopt the person named on the
certificate, subject to Section 102705 of the Health and Safety Code
and Sections 9200 and 9203 of the Family Code.
   (b) The department shall maintain an accurate record of all
persons who are given access to the confidential portion of the
certificate.  The record shall include:  the name of the person
authorizing access; name, title, and organizational affiliation of
persons given access; dates of access; and specific purpose for which
information is to be used.  The record of access shall be open to
public inspection during normal operating hours of the department.
   (c) All research proposed to be conducted using the confidential
medical and social information on the birth certificate shall first
be reviewed by the appropriate committee constituted for the
protection of human subjects that is approved by the federal
Department of Health and Human Services and has a general assurance
pursuant to Part 46 of Title 45 of the Code of Federal Regulations.
No information shall be released until the request for information
has been reviewed by the Vital Statistics Advisory Committee and the
committee has recommended to the State Registrar that the information
shall be released.
   102440.  Notwithstanding Sections 102425 and 102430, the
department may transmit to the Social Security Administration the
information necessary to issue a Social Security number to a child in
a case where the child's parent has requested the issuance pursuant
to paragraph (13) of subdivision (b) of Section 102425.
   102445.  After public hearing and consultation with the Vital
Statistics Advisory Committee, the State Registrar shall adopt
regulations specifying the contents of a medical and health report
and shall supply the necessary forms to hospitals and local
registrars.  The contents of the report shall be limited to the
medical, health, or social data necessary to evaluate or improve
maternal and child health, as determined by the State Registrar.
   The State Registrar shall make a finding that the specific items
of information included in the report are not available from other
sources at a comparable cost and that sufficient resources and a
research design are available to analyze the data collected.
   102447.  Notwithstanding Section 102430, a parent's social
security number contained in the confidential medical and social
information                                             portion of
the child's certificate of live birth shall be accessible to the
State Department of Social Services and district attorneys for the
purposes of operating the Child Support Enforcement Program, as
specified in Title IV-D of the federal Social Security Act.
   102450.  (a) For each registration of live birth submitted to the
local registrar pursuant to Section 102400, the hospital
administrator, or the person's representative, shall submit a
completed medical and health report that meets the requirements of
Section 102445.  For live births that occur outside of a hospital,
the medical and health report shall be completed and submitted by the
local registrar when the local registrar receives the certificate of
live birth for registration from the person designated in Section
102415.
   (b) The medical and health report shall be submitted to the State
Registrar by the local registrar for filing.  Such report shall not
be kept on file in the offices of the local registrars.
   102455.  (a) The medical and health report required pursuant to
Section 102445 shall be clearly labeled "Confidential Information for
Public Health Use Only." The parent or informant shall be informed
of the purposes for collecting the information, its confidential
nature, and that completing the specific items is voluntary.
   (b) When objection is made by either parent to the furnishing of
information requested in a specific item or items in the medical and
health report that information shall not be entered.
   (c) The mother, father or child shall not be identified by name or
any other means in the medical and health report.
   102460.  With the exception of statistical tabulation purposes,
the medical and health report shall be kept confidential and access
to the report shall be limited to the following persons:
   (a) State and local registrar's staff.
   (b) State and local health department staff.
   (c) Persons with a valid educational or scientific interest, as
determined by the State Registrar, who are engaged in demographic and
epidemiological studies for health purposes.
   The department shall maintain an accurate record of all persons
who are given access to the report.  The record shall include:  the
name of the persons authorizing access; name, title, and
organizational affiliation of persons given access; dates of access;
and specific purpose for which information is to be used.  The record
of access shall be open to public inspection during normal operating
hours of the department.
   102465.  (a) The State Registrar shall appoint a Vital Statistics
Advisory Committee that shall have the following duties:
   (1) Review and make recommendations to the State Registrar as to
the adequacy of procedures to assure accuracy and confidentiality of
personal health and medical information.
   (2) Review the findings of the committee for the protection of
human subjects pursuant to subdivision (c) of Section 102430 and make
recommendations to the State Registrar regarding all requests for
studies that propose to use confidential information with respect to
whether a legitimate scientific interest is presented and whether the
significance of the project justifies use of the confidential
information.
   (3) Assure that all research conducted using the data from birth
certificates is consistent with guidelines provided by an
appropriately constituted committee for the protection of human
subjects of the department, as specified in subdivision (c) of
Section 102430.
   (4) Review and make recommendations to the State Registrar as to
proposals for addition or deletion of items on the certificate of
live birth and advise the State Registrar on the content and format
of the certificate.
   (5) Take testimony and make recommendations to the State Registrar
regarding changes in the birth registration system.
   (b) The Vital Statistics Advisory Committee shall include
representatives from the users, providers, and informant groups who
are involved in the process of the provision and collection of
information for and the use of the certificate of live birth, and
shall include the chairpersons of the Assembly Health Committee and
the Senate Health and Welfare Committee or their designated
representative, and shall have a majority of lay persons in its
composition.  The State Registrar shall make every effort to ensure
that committee membership is representative of the community at
large.  Consideration shall be given to providing access to relevant
classes of persons including, but not limited to, women, men, racial
and ethnic minorities, in proportion to their representation in the
affected population.
   Membership on the committee shall be for a term of three years,
appointments to be made on a staggered basis to allow for one-third
membership to change annually.
   102470.  The State Registrar shall publish within 30 days of
receipt of recommendations by the Vital Statistics Advisory
Committee, made pursuant to Section 102465, (1) a list of the
recommendations adopted, and (2) a list of the recommendations not
adopted, with reasons for the action.
   102475.  (a) Any person who releases a copy of the confidential
portion of the certificate of live birth, except as specifically
provided by this part, shall be guilty of a misdemeanor, punishable
by a fine of five hundred dollars ($500) or six months in jail.  The
criminal penalty shall not preclude suit for civil or punitive
damages by any individuals harmed by the unauthorized release.
   (b) Any person who is the subject of, or the source of information
for, a birth certificate, who has reason to believe there has been
linkage of confidential information with his or her identity and
disclosure of the confidential information to a person not specified
in subdivision (a) of Section 102430, shall have a civil right of
action against the person releasing the information and may seek
punitive damages.

      Article 3.  Foundling Registration

   102500.  A certificate of finding of an unidentified live child of
less than one year of age shall be registered with the local
registrar of births and deaths by the person or institution with whom
the child is placed, within four days following the finding.
   102505.  The certificate shall include the name, sex, color or
race, the date and place of finding, and the name of the person or
institution with whom the child is placed.
   102510.  The person or institution with whom the child is placed
shall give the child a name; the place in which the child is found
shall be known as the legal place of birth; and the date of birth
shall be determined as closely as possible and shall be known as the
legal date of birth.
   102515.  The certificate of finding shall be handled in the same
manner and shall serve all the purposes of a certificate of live
birth.
   102520.  If the child is later identified and a certificate of
birth found or obtained, the fact shall be reported to the State
Registrar and he or she shall enter this upon the certificate of
finding, with citation to the certificate of birth.

      CHAPTER 4.  DELAYED REGISTRATION OF BIRTH
      Article 1.  General Provisions

   102525.  This chapter is not exclusive of Chapters 3 (commencing
with Section 102400) and 12 (commencing with Section 103450), but
offer an alternative method of establishing a record of birth.
   102530.  Delayed certificates of birth issued pursuant to this
chapter shall not be considered as evidence in any action or
proceeding involving estates of decedents or in any proceeding to
establish heirship unless the affidavit of at least one person who
knew the facts was filed at the time of obtaining the certificate.
   102535.  An application may be filed with the State Registrar for
the delayed registration of birth of any person born in this state
whose birth is not registered.  The application may be made only by
the person whose birth is being registered if he or she is 18 years
of age or over at the time of filing the application.  If the person
whose birth is being registered is under 18 years of age at the time
of filing the application, the application may be made only by his or
her mother, father, legal guardian, or the attending physician or
principal attendant at birth.

      Article 2.  Application

   102550.  The application shall be made on the forms prescribed and
furnished by the State Registrar and shall contain information and
shall be accompanied by affidavits and documentary evidence as
required to enable the State Registrar to determine whether the birth
did in fact occur at the place and date alleged.

      Article 3.  Evidence

   102575.  "Affidavit," as used in this chapter, is defined as a
written statement executed under oath by a person who at the time of
birth was at least 5 years old and had knowledge of the facts of
birth and shall include the full name of the person whose birth is
being registered, the names of his or her parents, the date and place
of his or her birth and the basis of the affiant's knowledge of
these facts.
   102580.  "Documentary evidence," as used in this chapter, is
defined as original or certified copies of a record that was executed
at least five years prior to the date of application, and that
substantiates the date and place of birth of the person whose birth
is being registered; except that if the person whose birth is being
registered is under 12 years of age the record shall have been
executed only at least two years before the date of application.
Examples of documentary evidence that shall generally be considered
acceptable are hospital records of birth, baptismal certificates or
other church records, school records, census records, social security
records, military service records, voting registration records,
birth certificate of child of person whose birth is being registered,
certificates of registry of marriage, and newspaper notices of
birth.
   102585.  For births that are being registered under this chapter
there shall be required documentary evidence and affidavits as
follows:
   (a) Two pieces of documentary evidence, at least one of which
shall support the parentage.
   (b) One piece of documentary evidence and one affidavit executed
by the physician or other principal attendant.
   (c) One piece of documentary evidence and two affidavits executed
by either the mother, father, or other persons having knowledge of
the facts of birth.

      Article 4.  Registration

   102600.  Upon receipt by the State Registrar of an application for
delayed registration of birth and payment of the required fee, he or
she shall review the application together with the affidavits and
documentary evidence accompanying it and shall accept the application
if the application and evidence submitted comply with this chapter.
After acceptance by the State Registrar the application shall
constitute a delayed certificate of birth, and the State Registrar
shall permanently preserve the certificates in a systematic manner
and shall prepare and maintain a comprehensive and continuous index
of all the certificates.
   102605.  The State Registrar shall send a certified copy of the
delayed certificate of birth to the applicant without additional
cost.
   102610.  The State Registrar shall send certified copies of the
delayed certificate of birth to the local registrar and the county
recorder within which area the birth occurred and in whose offices
copies of records of the year of occurrence of the event are on file.


      CHAPTER 5.  CERTIFICATES OF BIRTH FOLLOWING ADOPTION,
LEGITIMATION, COURT DETERMINATION OF PATERNITY, AND ACKNOWLEDGMENT
      Article 1.  Adoption

   102625.  The clerk of the court shall complete a report upon a
form provided for that purpose and forward the report to the State
Registrar within five days after a decree of adoption has been
entered declaring a child legally adopted by any court in the state.
The report shall be forwarded within five days after an
interlocutory decree of adoption becomes a final decree of adoption,
and not earlier.
   102630.  The court reports of adoption that are received by the
State Registrar for births that occurred in another state, the
District of Columbia, in any territory of the United States, or
Canada shall be transmitted to the registration authority of the
place of birth.
   102635.  A new birth certificate shall be established by the State
Registrar upon receipt of a report of adoption from any court of
record that has jurisdiction of the child of this state, another
state, the District of Columbia, in any territory of the United
States, or in any foreign country, for any child born in California
and whose certificate of birth is on file in the office of the State
Registrar.
   102640.  When requested by the adopting parent or parents, a new
certificate shall not be established by the State Registrar.
   102645.  The new birth certificate shall bear the name of the
child as shown in the report of adoption, the names and ages of his
or her adopting parents, the date and place of birth, and no
reference shall be made in the new birth certificate to the adoption
of the child.  The new certificate shall be identical with a birth
certificate registered for the birth of a child of natural parents,
except, when requested by the adopting parents, the new birth
certificate shall not include the specific name and address of the
hospital or other facility where the birth occurred, the color and
race of the parents, or both.
   102650.  Notwithstanding other provisions in this article, when a
child is adopted by an unmarried man or woman, the new certificate
shall, if the adopting parent so requests, reflect the fact that it
is a single-parent adoption.
   102660.  If both adopting parents were in the home at the time of
the initial placement of the child for adoption the newly amended
birth record may include the names of both adopting parents despite
the death of one of the adopting parents, upon receipt of an order
from the court granting the adoption that directs under the authority
of Section 8615 of the Family Code that the names of both adopting
parents shall be included on the newly amended birth record.
   102670.  Notwithstanding any other provision of law, an adopting
parent who has adopted a child for whom an amended record has already
been prepared under authority of this article may have another
amended record prepared for the child, upon application, furnishing a
copy of the court order made in an action brought pursuant to
Section 8615 of the Family Code, and payment of the required fee.
   102675.  At any time after the issuance of a new birth certificate
another amended certificate may be issued, at the request of the
adopting parents, that omits any or all of the following:
   (a) The specific name and address of the hospital or other
facility where the birth occurred.
   (b) The city and county of birth.
   (c) The color and race of the parents.
   102680.  The new birth certificate shall supplant any birth
certificate previously registered for the child and shall be the only
birth certificate open to public inspection.
   102685.  When a new birth certificate is established under this
article, the State Registrar shall inform the local registrar and the
county recorder whose records contain copies of the original
certificate, who shall forward the copies to the State Registrar for
filing with the original certificate, if it is practical for him or
her to do so.  If it is impractical for him or her to forward the
copy to the State Registrar, he or she shall effectually seal a cover
over the copy in a manner as not to deface or destroy the copy and
forward a verified statement of his or her action to the State
Registrar.  Thereafter the information contained in the record shall
be available only as provided in this article.
   102690.  For court reports of adoptions received from any court of
record of this State, another state, the District of Columbia, or in
any territory of the United States, that has jurisdiction of a child
born in this State and for whom no original record of birth is on
file in the Office of the State Registrar the court report of
adoption shall constitute a court order delayed birth registration;
provided, the court report contains a statement of the date and place
of birth.
   102695.  A court report of adoption received from any court of
record in this State, wherein the birth occurred outside the United
States, the Territories of the United States, or Canada shall
constitute a court order delayed registration of birth; provided, the
court report contains a statement of the date and place of birth.
   102700.  The court report of adoption shall be filed with the
original record of birth, that shall remain as a part of the records
of the State Registrar.
   102705.  All records and information specified in this article,
other than the newly issued birth certificate, shall be available
only upon the order of the superior court of the county of residence
of the adopted child or the superior court of the county granting the
order of adoption.
   No such order shall be granted by the superior court unless a
verified petition setting forth facts showing the necessity of the
order has been presented to the court and good and compelling cause
is shown for the granting of the order.  The clerk of the superior
court shall send a copy of the petition to the State Department of
Social Services and the department shall send a copy of all records
and information it has concerning the adopted person with the name
and address of the natural parents removed to the court.  The court
must review these records before making an order and the order should
so state.  If the petition is by or on behalf of an adopted child
who has attained majority, these facts shall be given great weight,
but the granting of any petition is solely within the sound
discretion of the court.
   The name and address of the natural parents shall be given to the
petitioner only if he or she can demonstrate that the name and
address, or either of them, are necessary to assist him or her in
establishing a legal right.
   102710.  The State Registrar shall furnish a certified copy of the
newly amended record of birth prepared under authority of this
article to the registrant without additional cost.

      Article 2.  Adjudication of Facts of Parentage

   102725.  Whenever the existence or nonexistence of the parent and
child relationship has been determined by a court of this state or a
court of another state, and upon receipt of a certified copy of the
court order, application, and payment of the required fee, the State
Registrar shall establish a new birth certificate for the child in
the manner prescribed in Article 1 (commencing with Section 102625),
if the original record of birth is on file in the office of the State
Registrar.
   102730.  All records and information specified in this article,
other than the newly issued birth certificate, shall be available
only upon order of a court of record.
   102735. The State Registrar shall furnish a certified copy of the
newly amended record of birth prepared under authority of this
article to the registrant without additional cost.

      Article 3.  Acknowledgement of Paternity

   102750.  Whenever the mother and father acknowledge paternity of a
child by affidavit, and in the absence of conflicting information on
the originally registered certificate of live birth, an application
including the affidavits may be filed with the office of the State
Registrar upon a form provided for that purpose.
   102755.  Upon receipt of the application and payment of the
required fee, and in the absence of conflicting information on the
originally registered certificate of live birth, the State Registrar
shall review the application for acceptance for filing, and if
accepted shall establish a new birth certificate for the child in the
manner prescribed in Article 1 (commencing with Section 102625), if
the original record of birth is on file in the office of the State
Registrar.
   102760.  All records and information specified in this article,
other than the newly issued birth certificate, shall be available
only upon order of a court of record.
   102765.  The State Registrar shall furnish a certified copy of the
new record of birth prepared under authority of this article to the
registrant with additional cost.

      CHAPTER 6.  DEATH REGISTRATION
      Article 1.  Duty of Registering Death

   102775.  Each death shall be registered with the local registrar
of births and deaths in the district in which the death was
officially pronounced or the body was found, within eight calendar
days after death and prior to any disposition of the human remains.

   102780.  A funeral director, or person acting in lieu thereof,
shall prepare the certificate and register it with the local
registrar.
   102785.  The State Registrar, at his or her discretion,  may
incorporate computer or telephone facsimile technology, or both, in
the statewide program of death and fetal death registration,
including, but not limited to, the issuing of permits for disposition
of human remains.
   Nothing in this section shall limit the ability of local districts
to file certificates of death and fetal death manually within the
local registration districts.
   102790.  The funeral director shall obtain the required
information other than medical and health section data from the
person or source best qualified to supply this information.
   102795.  The medical and health section data and the time of death
shall be completed and attested to by the physician and surgeon last
in attendance, or in the case of a patient in a skilled nursing or
intermediate care facility at the time of death, by the physician and
surgeon last in attendance or by a licensed physician assistant
under the supervision of the physician and surgeon last in attendance
if the physician and surgeon or licensed physician assistant is
legally authorized to certify and attest to these facts,  and if the
physician assistant has visited the patient within 72 hours of the
patient's death.  In the event the licensed physician assistant
certifies the medical and health section data and the time of death,
then the physician assistant shall also provide on the document the
name of the last attending physician and surgeon and provide the
coroner with a copy of the certificate of death.  However, the
medical health section data and the time of death shall be completed
and attested to by the coroner in those cases in which he or she is
required to complete the medical and health section data and certify
and attest to these facts.
   102800.  The medical and health section data and the physician's
or coroner's certification shall be completed by the attending
physician within 15 hours after the death, or by the coroner within
three days after examination of the body.
   The physician shall within 15 hours after the death deposit the
certificate at the place of death, or deliver it to the attending
funeral director at his or her place of business or at the office of
the physician.
   102805.  An embalmer may authorize his or her signature to be
affixed to the certificate after he or she has embalmed a body, as
required by this chapter, by a written special power of attorney that
shall be retained for a period of one year.

      Article 2.  Responsibility of Attending Physician

   102825.  The physician and surgeon last in attendance, or in the
case of a patient in a skilled nursing or intermediate care facility
at the time of death, the physician and surgeon last in attendance or
a licensed physician assistant under the supervision of the
physician and surgeon last in attendance, on a deceased person shall
state on the certificate of death the disease or condition directly
leading to death, antecedent causes, other significant conditions
contributing to death and any other medical and health section data
as may be required on the certificate; he or she shall also specify
the time in attendance, the time he or she last saw the deceased
person alive, and the hour and day on which death occurred, except in
deaths required to be investigated by the coroner.  The physician
and surgeon or physician assistant shall specifically indicate the
existence of any cancer as defined in subdivision (e) of Section
103885, of which the physician and surgeon or physician assistant has
actual knowledge.
   A physician and surgeon may designate, one or more other
physicians and surgeons who have access to the physician and surgeon'
s records, to act as agent for the physician and surgeon for purposes
of the performance of his or her duties under this section, provided
that any person so designated acts in consultation with the
physician and surgeon.

      Article 3.  Responsibility of Coroner

   102850.  A physician and surgeon, physician assistant, funeral
director, or other person shall immediately notify the coroner when
he or she has knowledge of a death that occurred or has charge of a
body in which death occurred under any of the following
circumstances:
   (a) Without medical attendance.
   (b) During the continued absence of the attending physician and
surgeon.
   (c) Where the attending physician and surgeon or the physician
assistant is unable to state the cause of death.
   (d) Where suicide is suspected.
   (e) Following an injury or an accident.
   (f) Under circumstances as to afford a reasonable ground to
suspect that the death was caused by the criminal act of another.
   Any person who does not notify the coroner as required by this
section is guilty of a misdemeanor.
   102855.  The coroner whose duty it is to investigate such deaths
shall ascertain as many as possible of the facts required by this
chapter.
   102860.  The coroner shall state on the certificate of death the
disease or condition directly leading to death, antecedent causes,
other significant conditions contributing to death and other medical
and health section data as may be required on the certificate, and
the hour and day on which death occurred.  The coroner shall
specifically indicate the existence of any cancer, as defined in
subdivision (e) of Section 103885, of which he or she has actual
knowledge.
   The coroner shall within three days after examining the body
deliver the death certificate to the attending funeral director.
   102865.  In any case involving an infant under the age of one year
where the gross autopsy results in a  presumed diagnosis of sudden
infant death syndrome, the coroner shall, within 24 hours of the
gross autopsy, notify the
   local health officer, as defined in Section 123740.
   102870.  In deaths investigated by the coroner or medical examiner
where he or she is unable to establish the identity of the body or
human remains by visual means, fingerprints, or other identifying
data, the coroner or medical examiner may have a qualified dentist,
as determined by the coroner or medical examiner, carry out a dental
examination of the body or human remains.  If the coroner or medical
examiner with the aid of the dental examination and other identifying
findings is still unable to establish the identity of the body or
human remains, he or she shall prepare and forward the dental
examination records to the Department of Justice on forms supplied by
the Department of Justice for that purpose.
   The Department of Justice shall act as a repository or computer
center, or both, with respect to those dental examination records.
The Department of Justice shall compare the dental examination
records with dental records filed with it pursuant to Section 11114
of the Penal Code, shall determine which scoring probabilities are
the highest for purposes of identification, and shall submit the
information to the coroner or medical examiner who prepared and
forwarded the dental examination records.
   Not later than three years following implementation of the dental
identification program required by this section and Section 11114 of
the Penal Code, the Department of Justice shall submit a report on
the program to the Legislature.

      Article 4.  Content of Certificate of Death

   102875.  The certificate of death shall be divided into two
sections.  The first section shall contain those items necessary to
establish the fact of the death, including all of the following and
those other items as the State Registrar may designate:
   (a) Personal data concerning decedent including full name, sex,
color or race, marital status, name of spouse, date of birth and age
at death, birthplace, usual residence, and occupation and industry or
business.
   (b) Date of death, including month, day, and year.
   (c) Place of death.
   (d) Full name of father and birthplace of father, and full maiden
name of mother and birthplace of mother.
   (e) Informant.
   (f) Disposition of body information including signature and
license number of embalmer if body embalmed or name of embalmer if
affixed by attorney-in-fact; name of funeral director, or person
acting as such; and date and place of interment or removal.
   (g) Certification and signature of attending physician or
certification and signature of coroner when required to act by law.
   (h) Date accepted for registration and signature of local
registrar.
   The second section shall contain those items relating to medical
and health data, including all of the following and other items as
the State Registrar may designate:
   (a) Disease or conditions leading directly to death and antecedent
causes.
   (b) Operations and major findings thereof.
   (c) Accident and injury information.
   102880.  (a) A certificate of death shall include information as
to whether the decedent has performed military service and, if so,
the period of military service.
   (b) The sum of twenty-two thousand five hundred dollars ($22,500)
is hereby appropriated from the General Fund to the Vital Statistics
Branch of the department to revise the certificate of death in
accordance with this section.
   (c) This section shall remain in effect only until January 1,
1995, and as of that date is repealed, unless a later enacted
statute, that is chaptered before January 1, 1995, deletes or extends
that date.

      Article 5.  American Indians

   102900.  The Legislature finds and declares all of the following:

   (a) Birth and death certificate-linking studies done by the
department in 1974 and repeated in 1984, show unacceptably high rates
of error in the completion of death certificate information
recording ethnicity for American Indian infants.
   (b) Official vital data on deaths for American Indians in the
State of California indicate an implausible death rate equal to
one-half of the United States rate for all races and one-quarter of
the rate for American Indians in all states.
   (c) Good demographic data on the American Indian people within the
state does not exist and the data that does exist is fragmented and
difficult to access and compile.
   (d) The lack of accurate vital data on American Indians in
California results in a significant loss of federal funds for the
provision of health care and promotion services to American Indian
people residing in 37 rural counties within the state.
   102905.  (a) The Rural Health Division of the department shall
cause to be undertaken a three-year study for the purpose of
establishing more valid statistics regarding American Indian death
rates, including rates for the 10 leading causes of death for
American Indians within the 37 designated rural Indian counties as
follows:  Humboldt, Shasta, Siskiyou, Modoc, Del Norte, Mendocino,
Lake, Sonoma, Glenn, Butte, Colusa, Plumas, Yuba, Yolo, Tehama,
Sutter, El Dorado, Nevada, Placer, Sierra, Tulare, Tuolumne, Amador,
Mariposa, Calaveras, Fresno, Kings, Madera, Mono, Inyo, Riverside,
San Bernardino, Imperial, Lassen, Santa Barbara, Trinity, and San
Diego.
   (b) This study shall enlist the fullest possible participation of
the Indian community and specifically the Indian clinics currently
providing health care services to rural Indians of the state.  This
project shall be administered in a manner that allows for input from,
and consultation with, concerned tribes and tribal organizations and
American Indian-controlled health care corporations.
   (c) This study shall identify methods to improve the quality of
official state data on Indian mortality and carry out activities to
achieve that goal, including the provision of training and the
development of educational materials for morticians and coroners
operating within the state.
   102910.  For the purpose of conducting the three-year study
required pursuant to Section 102905, the department is hereby
encouraged to contract with a federally recognized tribe or tribal
organization or an American Indian-controlled health care corporation
or research institution having a record of good standing with the
Commissioner of Corporations and the Indian Health program within the
department, and established competence in the area of records
management.
   102915.  The study shall be conducted in three phases, as follows:

   (a) Phase one of the study shall include research design and data
acquisition, including funds for the purchase of data from tribal,
federal, state, and county sources and the encoding of this data to a
computer-readable form.
   (b) Phase two of the study shall include a computerized matching
of the American Indian-specific data with the officially known deaths
within the state for a selected two-year period, and all necessary
statistical analysis and validation of any findings.
   (c) Phase three shall include the dissemination of the findings
from the study, including efforts to improve the collection of vital
event data on the American Indian population within the state.
   102920.  The department shall report to the Legislature on or
before January 1, 1994, on the implementation of this article.  The
department also shall report to the Legislature, on or before four
years after the date that the initial funding is received to
implement this article, on the results of the study required by this
article.
   102925.  The state department shall begin to implement the
activities referred to in Sections 102905, 102910, 102915, and 102920
only upon an appropriation for the specific purpose of funding the
activities.

      CHAPTER 7.  FETAL DEATH REGISTRATION
      Article 1.  Duty of Registering Fetal Death

   102950.  Each fetal death in which the fetus has advanced to or
beyond the twentieth week of uterogestation shall be registered with
the local registrar of births and deaths of the district in which the
fetal death was officially pronounced within eight calendar days
following the event and prior to any disposition of the fetus.
   102955.  A funeral director, or if there is no funeral director,
the person acting in lieu thereof, shall prepare the certificate and
register it with the local registrar.
   102960.  A funeral director shall obtain the required information
other than medical and health section data from the person or source
best qualified to supply this information.

      Article 2.  Responsibility of Attending Physician

   102975.  The physician, if any, in attendance on the delivery of a
fetus shall within 15 hours after the delivery state on the
certificate of fetal death the time of fetal death or delivery, the
direct causes of the fetal death, the conditions, if any, that gave
rise to these causes, and other medical and health section data as
may be required on the certificate, and shall sign the certificate in
attest to these facts.
   The physician shall within 15 hours after the death deposit the
certificate at the place of death, or deliver it to the attending
funeral director at his or her place of business or at the office of
the physician.

      Article 3.  Responsibility of Coroner

   103000.  All other fetal deaths required to be registered under
this chapter shall be handled as are deaths without medical
attendance.
   103005.  The coroner shall within three days after examination of
the fetus state on the certificate of fetal death the time of fetal
death, the direct causes of the fetal death, the conditions, if any,
that gave rise to these causes, and other medical and health section
data as may be required on the certificate, and shall sign the
certificate in attest to these facts. The coroner shall within three
days after examining the body deliver the death certificate to the
attending funeral director.

      Article 4.  Content of Certificate of Fetal Death

   103025.  The certificate of fetal death shall contain items as may
be designated by the State Registrar and shall be divided into two
sections; the first section shall contain those items necessary to
establish the fact of the fetal death and the second section shall
contain those items relating to medical and health data.

      CHAPTER 8.  PERMITS FOR DISPOSITION OF HUMAN REMAINS

   103050.  No person shall dispose of human remains unless (a) there
has been obtained and filed with a local registrar a death
certificate, as provided in Chapter 6 (commencing with Section
102775) of this part, and (b) there has been obtained from a local
registrar a permit for disposition.
   103055.  (a) If the certificate of death is properly executed and
complete, the local registrar of births and deaths shall issue a
permit for disposition, that in all cases, shall specify any one of
the following:
   (1) The name of the cemetery where the remains shall be interred.

   (2) Burial at sea as provided in Section 7117.
   (3) The address of the location where the cremated remains will be
kept, as provided in Section 7054.6, under the conditions the state
registrar may approve, including, but not limited to, conditions in
keeping with public sensibilities, applicable laws, and reasonable
assurances that the disposition will be carried out in accordance
with the prescribed conditions and will not constitute a private or
public nuisance.
   (b) Notwithstanding any other provisions of this part relative to
issuance of a permit for disposition, whenever the death occurred
from a disease declared by the state department to be infectious,
contagious, or communicable and dangerous to the public health, no
permit for the disposition of the body shall be issued by the local
registrar, except under those conditions as may be prescribed by the
state department and local health officers.
   103060.  A permit for disposition for the purpose of removing
cremated remains from the place of cremation or interment shall
include a description of the final place of disposition sufficient to
identify the place and shall be issued by the local registrar to the
person having the right to control the disposition of the remains
under Section 7100 upon the application of that person.
   A permit for disposition shall be issued under this section only
upon the signed acknowledgement by the person making application that
trespass and nuisance laws apply to the disposition and that the
permit gives no right of unrestricted access to property not owned by
the person for the purpose of disposing of the remains.
   The person to whom the permit for disposition was issued shall
sign the permit, endorse upon it the date of final disposition and,
within 10 days, return the first copy of the permit so endorsed to
the local registrar of the district in which the disposition took
place.  The third copy of the permit shall be returned to the office
of issuance.  After one year the local registrar may destroy any
original or duplicate permit retained by him or her pursuant to this
section.
   103065.  (a) Upon the presentation of a certificate of death
properly executed and completed in accordance with the policies and
procedures of the county coroner in which the death occurred that are
not in conflict with state law, the permit for disposition required
by Sections 103050, 103055, and 103060 shall be issued by any local
registrar pursuant to this section.  The local registrar issuing the
permit for disposition pursuant to this section shall promptly
forward the death certificate and a duplicate of the permit for
disposition to the local registrar of the district in which death
occurred or the body was found.
   (b) The applicant for a permit under this section shall pay a fee
of six dollars ($6) to the issuing registrar.  Thirty percent of the
fee shall be transferred by the issuing registrar to the local
registrar of the county where the death occurred and 40 percent shall
be transferred to the State Registrar for the administration of this
section.
   (c) Applicants for a permit for disposition pursuant to this
section shall not be subject to Section 103675.
   103070.  The body of any person whose death occurs in this state,
or whose body is found in the state, or that is brought in from
outside the state, shall not be temporarily held pending disposition
more than eight calendar days after death, unless a permit for
disposition is issued by the local registrar of the registration
district in which the death occurred or the body was found.
   103075.  The permit shall accompany the body to its destination,
where, if within this state, it shall be delivered to the person in
charge of the place of interment.
   103080.  The person in charge of the place of interment, or the
funeral director or person acting as funeral director if no person is
in charge, shall sign the permit, endorse upon it the date of
interment or cremation, and, within 10 days, return the first copy of
the permit so endorsed to the local registrar of the district in
which the interment took place.  The third copy of the permit shall
be returned to the office of issuance.  After one year the local
registrar may destroy any original or duplicate permit retained by
the local registrar pursuant to this section.
   103085.  When human remains are transported from outside the state
into a registration district in California for interment, the permit
for disposition, issued in accordance with the law and health
regulations of the place where the death occurred, shall be accepted
by the local registrar of the district into which the human remains
have been transported, as a basis upon which he or she shall issue a
local permit, noting upon the face of the permit the fact that human
remains were shipped in for interment and the place of death.
   103090.  This chapter does not prevent a funeral director from
removing a body from the registration district where the death
occurred or the body was found to another registration district in
the same or another county in a funeral director's conveyance for the
purpose of preparing the body for interment or shipment.
   103095.  A permit issued in one county or city is valid and
sufficient in any county it specifies as the place of interment.
   103100.  If any cemetery is located partly in one registration
district and partly in another, only one permit shall be required for
interment and a permit authorizing interment in the cemetery shall
entitle interment to be made within or without the district to which
the permit is directed.  The permit shall be returned to the
registration district in which the interment is made irrespective of
the district to which it is directed.  The local registrar of the
district in which the interment is made shall forthwith file the
permit on presentation without charge.
   103105.  Permits for the disinterment or removal of interred
remains shall be required, as specified in Part 2 (commencing with
Section 7500) of Division 7.

      CHAPTER 9.  MARRIAGE REGISTRATION
      Article 1.  General Provisions

   103125.  The forms for the application for license to marry, the
certificate of registry of marriage including the license to marry,
and the marriage certificate shall be prescribed by the State
Registrar.

      Article 2.  Duty of Registering

   103150.  Each marriage that is performed shall be registered by
the person performing the ceremony as provided by Chapter 2
(commencing with Section 420) of Part 3 of Division 3 of the Family
Code.

      Article 3.  Content of Certificate of Registry of Marriage

   103175.  The certificate of registry of marriage shall contain as
nearly as can be ascertained all of the following and other items as
the State Registrar may designate:  The first section shall include
the personal data of parties married, including the date of birth,
full name, birthplace, residence, names and birthplaces of the
parents, maiden name of the mothers, the number of previous
marriages, marital status, and the maiden name of the female if
previously married; the second section shall include the signatures
of parties married, license to marry, county and date of issue of
license, and the marriage license number; and the third section shall
include the certification of the person performing the ceremony,
that shall show his or her official position including the
denomination if he or she is a priest, minister or clergyman, and the
signature and address of one or more witnesses to the marriage
ceremony.  The person performing the marriage ceremony shall also
type or print his or her name and address on the certificate.  The
certificate shall not contain any reference to the race or color of
parties married.
   103180.  (a) Sections 103150 and 103175 do not apply to marriages
entered into pursuant to Section 307 of the Family Code.
Subdivisions (b) and (c) govern the registration and the content of
the License and Certificate of Declaration of Marriage of those
marriages.
   (b) Each marriage entered into pursuant to Section 307 of the
Family Code shall be registered by the parties entering into the
marriage or by a witness who signed under paragraph (2) of
subdivision (a) of Section 307 within four days after the ceremony
with the local registrar of marriages for the county in which the
License and Certificate of Declaration of Marriage was issued.
   (c) The License and Certificate of Declaration of Marriage entered
into pursuant to Section 307 of the Family Code shall contain as
nearly as can be ascertained the following:
   (1) The personal data of parties married, including the date of
birth, full name, birthplace, residence, names and birthplaces of
their parents, maiden name  of their mothers, the number of previous
marriages, marital status, and the maiden name of the female, if
previously married and if her name has been changed.
   (2) The license to marry.
   (3) The county and date of issuance of the license.
   (4) The marriage license number.
   (5) The certification of the parties entering into the marriage,
that shall show the following:
   (A) The fact, time, and place of entering into the marriage.
   (B) The signature and address of two witnesses to the marriage
ceremony.
   (C) The religious society or denomination of the parties married,
and that the marriage was entered into in accordance with the rules
and customs of that religious society or denomination.
   (6) The signatures of the parties married.
   (7) Any other items that the State Registrar shall designate.
    The License and Certificate of Declaration of Marriage shall not
contain any reference to the race or color of parties married or to a
person performing or solemnizing the marriage.

      CHAPTER 10.  FINAL DECREES OF DISSOLUTION OF MARRIAGE, OR LEGAL
SEPARATION

   103200.  The county clerk of each county shall send a copy of
every judgment of dissolution of marriage, of legal separation, and
of declaration of nullity to the State Registrar monthly.  If a
judgment of dissolution of marriage is vacated, the county clerk
shall send a copy of the order or dismissal to the State Registrar.

   103205.  The State Registrar shall maintain a comprehensive and
continuous index of all decrees received under Section 103200.

      CHAPTER 11.  AMENDMENT OF RECORDS
      Article 1.  Amendment of a Record of Birth, Death or Marriage

   103225.  Whenever the facts are not correctly stated in any
certificate of birth, death, fetal death, or marriage already
registered, the person asserting that the error exists may make an
affidavit under oath stating the changes necessary to make the record
correct, that shall be supported by the affidavit of one other
credible person having knowledge of the facts, and file it with the
state or local registrar.
   103230.  Section 103225 shall be applicable to certificates of
birth only in the absence of conflicting information relative to
parentage on the originally registered certificate of birth.
   103235.  If the amendment relates to a certificate that has not
been transmitted to the State Registrar, the local registrar shall
review the amendment for acceptance for filing, and if accepted shall
file the amendment and shall note the fact of the amendment, with
its date, on the otherwise unaltered original certificate.
   103240.  If the amendment relates to a certificate that has been
transmitted to the State Registrar, the amendment shall be
transmitted to the State Registrar who shall review it for acceptance
for filing.
   103245.  If the amendment is accepted, the State Registrar shall
transmit copies of the amendment to the local registrar and county
recorder in whose offices copies of the original record and
information are on file.
   103250.  The State Registrar shall send a certified copy of the
newly amended record of birth, death or marriage to the applicant
without additional charge, except for those amendments that are filed
within one year of the date of occurrence of the event.
   103255.  The amendment shall be filed with and become a part of
the record to which it pertains.
   103260.  (a) A person  born in this state whose birth is
registered in this state, or the person's conservator, or if a minor,
the person's parent or guardian, may submit a written request to the
state registrar for a new birth certificate on the ground that his
or her existing birth certificate contains a derogatory, demeaning,
or colloquial racial descriptor.  For purposes of this section, a
derogatory, demeaning, or colloquial racial descriptor means any term
that the registrant determines is insulting to a racial group.
   (b) The State Registrar shall review the request, and if the
request identifies the term that the registrant has determined is a
derogatory, demeaning, or colloquial racial descriptor, identifies
the accurate racial descriptor, and is accompanied with the payment
of the fee required by Section 103700, then the State Registrar shall
issue a new birth certificate with the accurate racial descriptor
identified in the request and shall transmit copies of the new birth
certificate to the following:
   (1) The local registrar and county recorder in whose offices
copies of the previously issued birth certificate are on file.  Upon
receipt of the new birth certificate, the local registrar and county
recorder shall transmit any copies of the previously issued birth
certificate to the State Registrar if it is practical for him or her
to do so.  If it is impractical for him or her to forward all the
copies to the state registrar, he or she shall effectually seal a
cover over the copy in a manner as not to deface or destroy the copy
and forward a verified statement of his or her action to the state
registrar.
   (2) The registrant.
   (c) The new birth certificate shall supplant any previously issued
birth certificate registered for the registrant and shall be the
only birth certificate of the registrant open to public inspection.
The request and previously issued birth certificate shall remain as
part of the records of the State Registrar.  All records and
information referred to in this section, other than the newly issued
birth certificate, shall be available only upon the written request
of the registrant or an order of a court of competent jurisdiction.


      Article 2.  Amendment of a Death Record of a Previously
Unidentified Body

   103275.  The coroner having jurisdiction shall register with the
local registrar of births and deaths a certificate of death giving
the name of the person and all statistical particulars that have been
discovered concerning him or her, in the case of the identification
of a person previously unidentified at the time of the original
registration of the death.
   103280.  This amendment to the record shall be handled in the
manner prescribed in Article 1 (commencing with Section 103225).

      Article 3.  Amendment of Medical and Health Section Data on
Death, Fetal Death, and Live Birth Records

   103300.  Notwithstanding other provisions in this part relative to
amendment of records, whenever the information originally furnished
in the medical and health data section of any record of death, fetal
death or live birth is modified by supplemental information relative
thereto, the certifying physician or coroner having knowledge of this
information may make a declaration as provided in Section 2015.5 of
the Code of Civil Procedure stating the changes necessary to make the
information correct and file it with the state or local registrar.


             103305.  This amendment shall be handled in the manner
prescribed in Article 1 (commencing with Section 103225).

      Article 4.  Supplemental Name Reports

   103325.  When any certificate of birth of a living child is
registered without the name of the child being entered thereon, the
local registrar shall make out and deliver to the parents of the
child a special blank for a supplemental report of the name of the
child.
   103330.  The parents shall complete the report and return it to
the local registrar as soon as the child is named.
   103335.  The State Registrar shall send a certified copy of the
newly amended record of birth to the applicant without additional
cost, except for those amendments that are filed within one year of
the date of occurrence of the event.
   103340.  This amendment to the record shall be handled in the
manner prescribed in Article 1 (commencing with Section 103225).

      Article 5.  Amendment of Birth Certificate to Delete Racial
Slurs

   103350.  The purpose of this article is to provide a remedy for
correction of birth certificates that contain entries regarding race
or color that, in the opinion of the registrant, constitute racial
slurs or are otherwise offensive.
   103355.  Any person who was born in this state and whose birth is
registered in this state may apply to the State Registrar for the
establishment and issuance of a new birth certificate and the sealing
of the original if the person certifies that the entry or entries in
the original birth certificate regarding race or color contain a
term or terms that in the opinion of the registrant, constitute
racial slurs or are otherwise offensive.  The application shall
identify the offensive terms to be deleted and indicate the proper
entries for race or color to be substituted.  The determination as to
whether the entries to be deleted are offensive shall be left to the
judgment of the applicant and the State Registrar shall give
deference to that determination.
   103360.  Upon receipt of the application and payment of the
required fee, the State Registrar shall establish a new birth
certificate for the person.
   103365.  The entry for race or color in the new certificate shall
be as indicated in the application.  No reference shall be made in
the new birth certificate that it is not the original birth
certificate of the registrant.  The new birth certificate shall
supplant any birth certificate previously registered for the
registrant and shall be the only birth certificate open to public
inspection.
   103370.  The State Registrar shall transmit a certified copy of a
birth certificate newly established under this article to the
registrant without additional charge.
   103375.  When a new birth certificate is established pursuant to
this article, the State Registrar shall inform the local registrar
and the county recorder whose records contain copies of the original
certificate, who shall forward the copies to the State Registrar for
filing with the original certificate, if it is practical for him or
her to do so.  If it is impractical for him or her to forward the
copy to the State Registrar, he or she shall effectually seal a cover
over the copy in a manner as not to deface or destroy the copy and
forward a verified statement of his or her action to the State
Registrar.

      Article 6.  Amendment of Birth Record to Reflect Court Order
Change of Name

   103400.  Whenever a person born in this state has his or her name
changed by order of a court of this state, another state, the
District of Columbia, or any territory of the United States, an
application including an affidavit of this fact may be filed with the
office of the State Registrar upon a form provided for that purpose.

   103405.  Upon receipt of the application, affidavit, certified
copy of the court order and payment of the required fee, the State
Registrar shall review the amendment for acceptance for filing, and
if accepted, shall file the amendment and shall note the fact of the
amendment on the otherwise unaltered original birth certificate.  The
amendment shall be filed with and become a part of the record to
which it pertains, if the original record of birth is on file in the
office of the State Registrar.
   103410.  The State Registrar shall furnish a certified copy of the
newly amended record of birth prepared under authority of this
article to the registrant without additional cost.

      Article 7.  Revision of Birth Records to Reflect Change of Sex

   103425.  Whenever a person born in this state has undergone
surgical treatment for the purpose of altering his or her sexual
characteristics to those of the opposite sex, a new birth certificate
may be prepared for the person reflecting the change of gender and
any change of name accomplished by an order of a court of this state,
another state, the District of Columbia, or any territory of the
United States.  A petition for the issuance of a new birth
certificate in those cases shall be filed with the superior court of
the county where the petitioner resides.
   103430.  (a) The petition shall be accompanied by an affidavit of
a physician documenting the sex change, and a certified copy of the
court order changing the applicant's name (if applicable).
   (b) The petition shall be heard at the time appointed by the court
and objections may be filed by any person who can, in those
objections, show to the court good reason against the change of birth
certificate.  At the hearing, the court may examine on oath the
petitioner, and any other person having knowledge of facts relevant
to the application.  At the conclusion of the hearing the court shall
make an order to issue a new certificate, or dismissing the
petition, as to the court may seem right and proper.
   (c) A certified copy of the decree of the court ordering the new
birth certificate, shall within 30 days from the date of the decree,
be filed with the State Registrar.  Upon receipt thereof together
with the fee prescribed by Section 103725, the State Registrar shall
establish a new birth certificate for the applicant.
   (d) The new birth certificate shall indicate the sex of the
registrant as it has been surgically altered and shall reflect any
change of name specified in the application if accompanied by a court
order, as prescribed by Section 103425.  No reference shall be made
in the new birth certificate, nor shall its form in any way indicate,
that it is not the original birth certificate of the registrant.
   103435.  In lieu of separate proceedings, a single petition for a
change of name and issuance of a new birth certificate reflecting a
change of gender may be filed with the superior court.  With respect
to such a petition, the court shall follow the procedure set forth in
Title 8 (commencing with Section 1275) of Part III of the Code of
Civil Procedure.  A certified copy of the decree of the court issued
pursuant to this section shall within 30 days be filed with both the
Secretary of State and the State Registrar.  Upon its receipt, the
State Registrar shall establish a new birth certificate as provided
in this article.
   103440.  The new birth certificate shall supplant any birth
certificate previously registered for the applicant and shall be the
only birth certificate open to public inspection.  The application
and supporting affidavit shall be filed with the original record of
birth, that shall remain as a part of the records of the State
Registrar.  All records and information specified in this article,
other than the newly issued birth certificate, shall be available
only upon written request of the registrant or an order of a court of
record.
   When a new birth certificate is established under this article,
the State Registrar shall transmit copies of the newly established
birth certificate for filing to the local registrar and the county
recorder whose records contain copies of the original certificate,
who shall forward the copies of the original certificate to the State
Registrar for filing with the original certificate, if it is
practical for him or her to do so.  If it is impractical for him or
her to forward the copy to the State Registrar, he or she shall
effectually seal a cover over the copy of the original certificate in
a manner as not to deface or destroy the copy and forward a verified
statement of his or her action to the State Registrar.  Thereafter
the information contained in the record shall be available only upon
written request of the registrant or on order of a court of record.

   103445.  The State Registrar shall transmit a certified copy of a
birth certificate newly established under this article to the
registrant without additional charge.

      CHAPTER 12.  COURT PROCEEDINGS TO ESTABLISH RECORD OF BIRTH,
DEATH OR MARRIAGE

   103450.  A verified petition may be filed by any beneficially
interested person with the county clerk of the superior court in and
for (a) the county in which the birth, death or marriage is alleged
to have occurred, or (b) the county of residence of the person whose
birth or marriage it is sought to establish, or (c) the county in
which the person was domiciled at the date of death, if the person
has died, for an order to judicially establish the fact of, and the
time and place of a birth, death or marriage that is not registered
or for which a certified copy is not obtainable.
   103455.  The petition shall be verified and shall contain all the
facts necessary to enable the court to determine the fact of and the
time and place of the birth, death, or marriage upon the proofs
adduced in behalf of the petitioner at the hearing.
   103460.  If the time and place of birth are not known, the
petition shall contain all of the facts known to the petitioner or
otherwise available and a statement of the probable time and place of
birth as accurately as the circumstances permit.  The petition shall
be verified as to the known facts only.
   103465.  Upon the filing of the petition a hearing shall be fixed
by the clerk and at the convenience of the court set at a time not
less than five nor more than 10 days after the filing of the
petition.  The hearing may be held in chambers.  The court, for good
cause, may continue the hearing beyond the 10-day period.
   103470.  The fee for filing the petition shall be six dollars
($6), plus the law library fee of the county.  In counties having
more than one superior court judge, the petition may be heard by any
judge thereof hearing probate matters, or if a probate department has
been designated for hearing probate matters, the clerk shall assign
the matter to the probate department for hearing.
   103475.  If, upon the hearing, the allegations of the petition are
established to the satisfaction of the court, the court may make an
order determining that the birth, death, or marriage did in fact
occur at the time and place shown by the proofs adduced at the
hearing.
   103480.  If the time and place of birth are not known, the court
shall receive and consider evidence and testimony as may be available
and from the facts adduced may, by order, fix the time and place
that the court finds to be a probable time and place of birth of the
person in relation to whom the petition has been filed, as the time
and place of birth.  The time and place so fixed shall thereafter for
all purposes be the time and place of birth of the person.
   103485.  The order shall be made in the form and upon the blank
prescribed and furnished by the State Registrar and shall become
effective upon a filing of a certified copy with the State Registrar.

   Every order determining the date of birth made pursuant to this
chapter shall establish a presumption that the matter contained
therein is a true and accurate statement of the time of birth.  The
presumption established by this section is a presumption affecting
the burden of proof.
   103490.  The State Registrar shall send certified copies of the
court order delayed certificate to the local registrar and the county
recorder within which area the event occurred and in whose offices
copies of records of the year of occurrence of the event are on file,
except that if the event occurred outside the State, a certified
copy shall be sent only to the county recorder of the county in which
the petitioner resides.

      CHAPTER 13.  RECORDING CERTIFICATION OF FOREIGN BIRTHS AND
DEATHS

   103500.  A certification of birth or of birth data issued by an
agency of the government of the United States to authenticate a birth
of a child to a United States citizen outside of the United States
may be recorded in the office of a county recorder in the last county
of permanent residence of one or both parents of the child if the
last permanent residence in the United States of one or both parents
of the child was in California.  A certification of death or death
data issued by an agency of the government of the United States to
authenticate the death of a United States citizen outside of the
United States may be recorded in the office of the county recorder in
the last county of permanent residence if the last permanent
residence in the United States of the citizen was in California.
   103505.  A certification of birth outside of the United States,
upon recordation by the county recorder, shall be indexed in the
county recorder's birth index in the year of occurrence of the birth.


      CHAPTER 14.  CERTIFIED COPY AND VERIFICATION OF RECORDS

   103525.  The State Registrar, local registrar or county recorder
shall, upon request and payment of the required fee, supply to any
applicant a certified copy of the record of any birth, fetal death,
death, marriage, or marriage dissolution registered with the
official.
   When the original forms of certificates of live birth furnished by
the State Registrar contain a printed section at the bottom
containing medical and social data or labeled "Confidential
Information for Public Health Use Only," that section shall not be
reproduced in a certified copy of the record except as specifically
authorized in Section 102430.
   103530.  Certified copies of certificates of births shall be
issued only when the applicant for the certified copy is able to
furnish information, exclusive of file numbers, adequate for
identification and location of the amended record.
   103535.  Upon application of a parent, the local registrar or
county recorder shall request a copy of a new birth certificate
amended under Article 1 (commencing with Section 102625) of this
chapter and Article 2 (commencing with Section 102725) of Chapter 5,
from the State Registrar.  When such a request is received, the State
Registrar shall send a copy of the new certificate to the local
registrar or county recorder who shall then issue certified copies
from the document.  The copy of the new certificate returned to the
local registrar or county recorder under this procedure shall be
filed in the same manner as the copies of other certificates
representing births that occurred during the same time period.
   103540.  Prior to issuing a certified copy of a birth record, the
State Registrar, local registrar, or county recorder shall determine
whether their respective birth records or index to the records have
been revised pursuant to Section 102245 to indicate the death of the
registrant whose birth record is requested.  If the records or index
have been so revised, the certified copy provided the applicant shall
display the legend "DECEASED," which shall be indelibly printed or
stamped, in boldface style not less than one-half inch in height,
within near proximity to the space reserved for the registrant's
name.  The State Registrar shall adopt regulations to implement this
section.
   103545.  Certified copies of birth, fetal death, death, and
marriage records may be made only by the State Registrar, by duly
appointed and acting local registrars during their term of office,
and by county recorders.
   103550.  Any birth, fetal death, death, or marriage record that
was registered within a period of one year from the date of the event
under the provisions of this part, or any copy of the record or part
thereof, properly certified by the State Registrar, local registrar,
or county recorder, is prima facie evidence in all courts and places
of the facts stated therein.
   103555.  A short form of certification of birth registration that
shall contain only identification information may be issued by the
State Registrar, by the county recorder, or by any local registrar.

   103560.  A short form of certification of death registration,
including only identification information and excluding the medical
statement of the cause of death, may be issued by the State
Registrar, county recorder, or any local registrar, upon forms
prescribed and furnished by the State Registrar.
   103565.  The Office of the State Registrar, upon request, may
furnish the United States Public Health Service with vital statistics
relating to births, deaths, marriages, and marriage dissolutions for
utilization in the national vital statistics program.  Such vital
statistics may be furnished on a contract reimbursement or other
satisfactory basis that will insure that the reimbursement shall not
be less than the cost to the state nor exceed the federal government'
s fair share of the cost of the statewide vital statistics
registration and reporting system.
   103570.  A certification limited to a statement as to the date of
birth of any child needed for admission to school or for the purpose
of securing employment shall be issued without fee by the local
registrar or county recorder upon request of any parents or guardian.

   103575.  The state or local registrar or county recorder may,
without fee verify a date and place of birth, when the applicant can
present sufficient information to identify the birth record.
   103580.  The State Registrar, local registrar or county recorder
may use a printed, stamped or photographically reproduced facsimile
signature in certifying to a record in his or her office provided the
certification has the seal of his or her office affixed thereto.
   103585.  Certified copies or certification of abstract information
required to be filed under authority of Chapter 10 (commencing with
Section 103200) in the offices of the State Registrar and county
clerks shall not include information relative to occupation, highest
school grade completed, color or race, religious denomination,
previous marriages ended by death, divorce or annulment, or children.

   103590.  (a) The State Registrar shall, upon request and payment
of a fee, as provided in subdivision (c), supply to any applicant a
decorative heirloom certificate, as described in subdivision (b), of
any birth registered with that official.
   When the original form of the certificate of a live birth
furnished by the State Registrar contains a printed section at the
bottom containing medical and social data or labeled "Confidential
Information for Public Health Use Only," that section shall not be
reproduced in the copy of the record.  If the original form of the
certificate of live birth has been sealed, the information on the
sealed certificate shall not be included on the decorative heirloom
certificate.
   (b) The decorative heirloom certificate issued under subdivision
(a) shall be of a distinctive design as determined by the department
and shall include the seal of the State of California and a facsimile
of the State Registrar's signature, but shall include no elected
official's signature.  The certificate shall only contain
identification information, as determined by the State Registrar.
   (c) The fee required for the decorative heirloom birth certificate
issued pursuant to this section shall be thirty-two dollars ($32)
until December 31, 1988, at which time the fee shall be reduced to
thirty dollars ($30).  Until December 31, 1988, not less than ten
dollars ($10) of the fee shall be allocated to the State Children's
Trust Fund established in Section 18969 of the Welfare and
Institutions Code.  After December 31, 1988, not less than fifteen
dollars ($15) of the fee shall be allocated to the State Children's
Trust Fund.  The remainder of the fee shall be utilized to reimburse
the State Department of Health Services and the State Registrar, in
part, for the administrative costs of developing, preparing, and
providing the decorative heirloom certificate.
   103595.  (a) The State Registrar shall, upon request and payment
of a fee, as provided in subdivision (c), supply to any applicant a
decorative heirloom certificate, as described in subdivision (b), of
any marriage registered with that official.
   (b) The decorative heirloom certificate issued under subdivision
(a) shall be of a distinctive design as determined by the state
department and shall include the seal of the State of California and
a facsimile of the State Registrar's signature, but shall include no
elected official's signature.  The certificate shall only contain
identification information, as determined by the State Registrar.
   (c) The fee required for the decorative heirloom certificate
issued pursuant to this section shall be fifteen dollars ($15).  The
fee shall be utilized to reimburse the state department for the
administrative costs of developing, preparing, and providing the
decorative heirloom certificate and for a public awareness and
advertising program to inform the public of the availability of the
decorative heirloom certificate.  The fee shall be deposited into the
General Fund.

      CHAPTER 15. FEES OF STATE AND LOCAL REGISTRARS
      Article 1.  General Provisions

   103600.  The State Registrar and local registrars shall keep a
true and correct account of all fees received by them.
   103605.  The money collected by the State Registrar shall be
deposited with the Treasurer for credit to the Health Statistics
Special Fund, except for the Children's Trust Fund fees collected
pursuant to Section 18966 of the Welfare and Institutions Code, the
fees allocated to the Judicial Council pursuant to Section 1852 of
the Family Code, and the fees collected pursuant to Section 103645,
all of which shall be deposited in the General Fund.
   This section shall become operative on July 1, 1995.
   103610.  The money collected by the local registrar shall be paid
by him or her into the county or city treasury.
   103615.  Notwithstanding any other provision of law, no fees other
than those provided for in this part shall be charged for the
registration of births and deaths or for the issuance of any permits
for disposition of human remains.

      Article 2.  Fee for Certified Copy or Search of Records

   103625.  (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
   (b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business.  A fee of seven dollars ($7) shall
be paid by any other applicant for a certified copy of a birth
certificate.  Four dollars ($4) of any seven-dollar ($7) fee is
exempt from subdivision (e) and shall be paid to either a county
children's trust fund or to the State Children's Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code.
   (2) (A) As a pilot project, Contra Costa, Los Angeles, Orange,
Sacramento, San Diego, Santa Clara, and Tulare Counties may increase
the fee for a certified copy of a birth certificate by up to three
dollars ($3), through December 31, 1996, for the purpose of providing
dependency mediation services in the juvenile court.  Public
agencies shall be exempt from paying this portion of the fee.
However, if a county increases this fee, neither the revenue
generated from the fee increase nor the increased expenditures made
for these services shall be considered in determining the court's
progress towards achieving its cost reduction goals pursuant to
Section 68113 of the Government Code if the net effect of the revenue
and expenditures is a cost increase.  In each county participating
in the pilot project up to 5 percent of the revenue generated from
the fee increase may be apportioned to the county recorder for the
additional accounting costs of the program.
   (B) On or before December 31, 1995, each participating county
shall submit an independent study of the project to the Legislature.
The study shall consider the effectiveness of mediation, the
cost-avoidance realized, what model of juvenile court mediation
should be promoted statewide, and at what point mediation is most
effective.
   (C) The presiding judge of the superior court of each
participating county shall designate a person who will facilitate
access to case files and any other data necessary for the independent
study.
   (D) Variables to be evaluated and measured to indicate the success
of the pilot projects shall include, but not be limited to:
   (i) At least 75 percent of all participants should be satisfied or
very satisfied with the dependency mediation process.
   (ii) The range of creative solutions for resolution of the
families' problems within the development of the court ordered plan
shall increase by 10 percent.
   (iii) At least 70 percent of matters coming before the court
should be settled in less time using dependency mediation than if
adjudicated.
   (iv) Dependency mediation shall result in a 25 percent reduction
in foster care placements.
   (c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business.  A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk.  Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
   (d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business.  A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
                                                    (e) Each local
registrar, county recorder, or county clerk collecting a fee pursuant
to this section shall transmit 15 percent of the fee for each
certified copy to the State Registrar by the 10th day of the month
following the month in which the fee was received.
   (f) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 100430.
   103630.  If the information supplied by the applicant is not
sufficient to enable the State Registrar to supply the certified copy
of any record for which application is made and the applicant, after
written request by the State Registrar, does not furnish the
necessary information within 30 days of the date of the request, the
State Registrar shall retain the fee.
   103635.  Overpayment of the required fee received in the office of
the State Registrar shall be retained, except any overpayment shall
be refunded upon written request of the applicant within one year or
when overpayment is in excess of two dollars ($2).
   103640.  (a) Commencing January 1, 1992, in addition to the fees
prescribed by subdivisions (a) to (d), inclusive, of Section 103625,
all applicants for certified copies of the records described in those
subdivisions shall pay an additional fee of two dollars ($2), that
shall be collected by the State Registrar, the local registrar,
county recorder, or county clerk, as the case may be.
   (b) Except as provided in paragraph (2), the local public official
charged with the collection of the additional fee established
pursuant to subdivision (a) may create a Vital and Health Statistics
Trust Fund.  The fees collected by local public officials pursuant to
subdivision (a) shall be distributed as follows:
   (1) Commencing January 1, 1992, and ending December 31, 1992, one
dollar ($1) of each two dollars ($2) collected shall be deposited
with the State Registrar in the State Vital Record Improvement
Account established pursuant to Section 102250.
   (2) Commencing January 1, 1993, ninety cents ($0.90) of each two
dollars ($2) collected shall be deposited with the State Registrar in
the State Vital Record Improvement Account established pursuant to
Section 102250.
   (3) The remainder of each two dollars ($2) collected shall be
deposited into the collecting agency's Vital and Health Statistics
Trust Fund.
   (4) Any local public official that does not establish a local
Vital and Health Statistics Trust Fund shall forward the entire two
dollars ($2) fee to the State Registrar, who shall deposit the fees
into the State Vital Record Improvement Account established pursuant
to Section 102250.
   (5) Fees collected by the State Registrar shall be deposited into
the State Vital Record Improvement Account established pursuant to
Section 102250.
   (c) Moneys in each Vital and Health Statistics Trust Fund shall be
available to the public official charged with the collection of fees
pursuant to this section  to defray the administrative costs of
collecting and reporting with respect to those fees and for the other
costs, as follows:
   (1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
   (2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
   (d) Funds collected pursuant to this section shall not be used to
supplant existing funding that is necessary for the daily operation
of vital record systems.  It is the intent of the Legislature that
funds collected pursuant to this section be used to enhance service
to the public, to improve analytical capabilities of state and local
health authorities in addressing the health needs of newborn
children, maternal health problems, and to analyze the health status
of the general population.
   (e) Each county shall annually submit a report to the State
Registrar by March 1, containing information on the amount of
revenues collected pursuant to this section for the previous calendar
year and on how the revenues were expended and for what purpose.
   (f) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1997, deletes or extends
that date.
   (g) It is the intent of the Legislature that the Vital Record
Improvement Project be completed by January 1, 1997, and that the one
dollar ($1) surcharge used to fund this project be discontinued at
that time.
   (h) This section shall become operative on July 1, 1995.
   103645.  (a) In addition to the fees prescribed by subdivisions
(a) to (d), inclusive, of Section 103625, any applicant for a
certified copy of any records described in those subdivisions shall
pay an additional fee of one dollar ($1) to the State Registrar.
Each local registrar, county recorder, or county clerk collecting the
additional fee pursuant to this section shall transmit the entire
fee to the State Registrar by the 10th day of the month following the
month in which the fee was received.
   (b) This section shall remain in effect only until January 1,
1997, and as of that date is repealed unless a later enacted statute
that is enacted before January 1, 1997, deletes or extends that date.

   103650.  The fee for any search of the files and records performed
by the custodian of the records for a specific record when no
certified copy is made shall be paid in advance by the applicant.
The fee shall be the same as the fee required in Section 103625.
   103655.  No fee shall be charged any publisher or editor of, or
reporter employed by, a newspaper of general circulation or a news
service to inspect, in the course and scope of his or her position or
employment, any certificate of live birth, fetal death, or marriage,
or any other certificate required by this part to be filed in the
Office of the State Registrar or the office of any local registrar or
county recorder, or any index of the certificates.
   103660.  No fee shall be charged by the State Registrar or local
registrar of births and deaths for services rendered to any public
entity, except for issuance of a permit for disposition of human
remains or for making a copy of a record.
   As used in this section, "public entity" includes the state, the
Regents of the University of California, a county, city, district,
public authority, public agency, and any other political subdivision
or public corporation in the state.

      Article 3.  Other Fees

   103675.  Except as otherwise provided in Section 103065, the fee
for issuance of a permit for disposition of human remains is two
dollars ($2) payable to the local registrar of births and deaths by
the applicant for the permit, when the permit is issued during
regularly scheduled office hours of the local registrar of births and
deaths.
   103680.  (a) Effective January 1, 1991, an additional fee of three
dollars ($3) for issuance of a permit for disposition of human
remains pursuant to Section 103675 shall be payable to the local
registrar of births and deaths by the applicant for the permit.  This
amount shall be exempt from any adjustment made pursuant to Section
100430.
   (b) Notwithstanding any other provision of law, the local
registrar of births and deaths shall pay into the Peace Officers'
Training Fund, by the 10th of the month following the end of each
calendar quarter one dollar ($1) of the fee collected pursuant to
subdivision (a) for the training of peace officer members of county
coroners' offices.  The remaining funds collected pursuant to
subdivision (a) shall be paid into the county treasury to be expended
for indigent burial.
   103685.  An additional fee of three dollars ($3) shall be paid for
the issuance of a permit for disposition, when the permit is
required to be issued outside the regularly scheduled office hours of
the local registrar of births and deaths.
   103690.  Notwithstanding any other provision of law, the local
registrar of births and deaths shall pay to the State Registrar by
the 10th of the month following the end of each calendar quarter
one-half of the fees collected under authority of Section 103675.
   103695.  A fee of eleven dollars ($11) shall be paid to the State
Registrar by the applicant at the time of application for a delayed
birth registration under Chapter 4 (commencing with Section 102525)
or a court order to establish a record of birth, death, or marriage
pursuant to Chapter 12 (commencing with Section 103450).  Upon
acceptance of the application the State Registrar shall retain the
fee.
   103700.  A fee of eleven dollars ($11) shall be paid to the State
Registrar by the applicant for an amendment to a birth, death, or
marriage record under provisions of Articles 1 (commencing with
Section 103225), 4 (commencing with Section 103325), and 5
(commencing with Section 103350) of Chapter 11, except for those
amendments that are filed within one year of the date of occurrence
of the event.
   103705.  A fee of eleven dollars ($11) shall be paid to the State
Registrar by the applicant for the preparation of an amended record
that shall include a certified copy of the newly amended record under
Section 102670.
   103710.  A fee of eleven dollars ($11) shall be paid to the State
Registrar by the applicant or when applicable, by the county clerk
for the establishment of an amended record of birth under Articles 1
(commencing with Section 102625), and 2 (commencing with Section
102725) of Chapter 5, except where the required fee has been paid or
an exception to the fee is provided under Section 103730.
   103715.  A fee of eleven dollars ($11) shall be paid to the State
Registrar by the applicant for the establishment of a new record of
birth under Article 3 (commencing with Section 102750) of Chapter 5.

   103720.  A fee of eleven dollars ($11) shall be paid to the State
Registrar by the applicant for the establishment of an amended record
of birth under Article 6 (commencing with Section 103400) of Chapter
11.
   103725.  A fee of eleven dollars ($11) shall be paid to the State
Registrar by the applicant for establishment of a new record of birth
under Article 7 (commencing with Section 103425) of Chapter 11.
   103730.  A fee of eleven dollars ($11) for each individual being
adopted shall be paid to the county clerk at the time of filing the
petition in an adoption proceeding, except for agency adoptions in
which the adoption fee is waived and a statement from the agency to
this effect is filed with the petition, and that fee shall be paid
monthly by the county clerk to the State Registrar of Vital
Statistics for the services required by statute of that office.

      CHAPTER 16.  COMPENSATION OF APPOINTED LOCAL REGISTRARS OF
BIRTHS AND DEATHS

   103750.  For local registrars serving under authority of Section
102280 the State Registrar shall quarterly certify to the auditors of
the several counties the number of births and deaths properly
registered, with the names of the local registrars and the amounts
due each at the rates fixed by this part.
   103755.  All amounts shall be paid by the treasurer of the county
in which the registration district is located, upon warrants drawn by
the auditor; provided, that no fee shall be paid by the county to
any local registrar who is also a city or county officer or employee
and whose salary is by law the sole compensation for his or her
services.
   103760.  Each local registrar entitled to compensation shall be
paid the sum of fifty cents ($0.50) for each birth certificate and
each death certificate properly and completely made out and
registered with him or her, and correctly recorded and promptly
returned by him or her to the State Registrar and out of the fees he
or she shall pay the subregistrar the sum of thirty cents ($0.30) in
each case where the certificate is registered with the subregistrar.

   103765.  If no births or no deaths were registered during any week
the local registrar is entitled to be paid the sum of fifty cents
($0.50) for each report to that effect, but only if the report is
made promptly as required by this part.

      CHAPTER 17.  PENALTIES
      Article 1.  Misdemeanors

   103775.  Every person, except a parent informant for a certificate
of live birth, who is responsible for supplying information who
refuses or fails to furnish correctly any information in his or her
possession that is required by this part, or furnishes false
information affecting any certificate or record required by this
part, is guilty of a misdemeanor.
   103780.  Every person who willfully alters or knowingly possesses
more than one altered document, other than as permitted by this part,
or falsifies any certificate of birth, fetal death, death, or
registry of marriage, or any record established by this part is
guilty of a misdemeanor.
   103785.  Every person who is required to fill out a certificate of
birth, fetal death, death, or registry of marriage and register it
with the local registrar, or deliver it, upon request, to any person
charged with the duty of registering it, and who fails, neglects, or
refuses to perform such duty in the manner required by this part is
guilty of a misdemeanor.
   103790.  Every local registrar, deputy registrar, or subregistrar,
who fails, neglects, or refuses to perform his or her duty as
required by this part and by the instructions and directions of the
State Registrar thereunder, is guilty of a misdemeanor.
   103795.  Any person who uses any information from a certificate of
live birth that is stamped with the notation authorized under
subdivision (a) of Section 10056.5 is guilty of a misdemeanor.

      Article 2.  Felony

   103800.  Any person who willfully makes or files or causes to be
made or filed a false certificate or affidavit under Chapter 4
(commencing with Section 102525) is guilty of a felony.  The subject
is also liable to the State of California for a civil penalty in the
amount of five thousand dollars ($5,000).  The civil penalty may be
recovered in an action filed by the Attorney General in any court of
competent jurisdiction.  A penalty so recovered shall be paid into
the State Treasury to the credit of the General Fund.

      PART 2.  POPULATION AND PUBLIC HEALTH SURVEILLANCE
      CHAPTER 1.  BIRTH DEFECTS MONITORING PROGRAM

   103825.  The Legislature hereby finds and declares that birth
defects, stillbirths, and miscarriages represent problems of public
health importance about which too little is known; that these
conditions lead to severe mental anguish on the part of parents and
relatives and frequently to high medical care costs; and that a
system to obtain more information about these conditions could result
in development of preventive measures to decrease their incidence in
the future.  Therefore, it is the intent of the Legislature in
enacting this section to accomplish all of the following:
   (a) To maintain an ongoing program of birth defects monitoring
statewide.  "Birth defect" as used in this chapter means any medical
problem of organ structure, function, or chemistry of possible
genetic or prenatal origin.
   (b) To provide information on the incidence, prevalence, and
trends of birth defects, stillbirths, and miscarriages.
   (c) To provide information to determine whether environmental
hazards are associated with birth defects, stillbirths, and
miscarriages.
   (d) To provide information as to other possible causes of birth
defects, stillbirths, and miscarriages.
   (e) To develop prevention strategies for reducing the incidence of
birth defects, stillbirths, and miscarriages.
   (f) To conduct interview studies about the causes of birth
defects.
   (g) To affirm the authority of the state department to contract
with a qualified entity to operate the birth defects monitoring
program statewide.
   103830.  The director shall maintain a system for the collection
of information, necessary to accomplish the purposes of this chapter.
  The director shall require health facilities, with 15 days' notice,
to make available to authorized program staff the medical records of
children suspected or diagnosed as having birth defects, including
the medical records of their mothers.  In addition, health facilities
shall make available the medical records of mothers suspected or
diagnosed with stillbirths or miscarriages and other records of
persons who may serve as controls for interview studies about the
causes of birth defects.  If it is necessary to photocopy records
made available under this section, copying expenses shall be paid by
the state department.
   "Health facilities" as used in this section means general acute
care hospitals, and physician-owned or operated clinics, as defined
in Section 1200, that regularly provide services for the diagnosis or
treatment of birth defects, genetic counseling, or prenatal
diagnostic services.
   103835.  The birth defects monitoring program shall operate
statewide.  It is the intent of the Legislature that the adequacy of
program resources shall be assessed annually, and that the annual
assessment shall include a consideration of at least all the
following factors:
   (a) The numbers of births in the state.
   (b) The scope of program activities.
   (c) Any urgent situation requiring extraordinary commitment of
present or planned program staff or resources.
   103840.  The director shall use the information collected pursuant
to Section 103830 and information available from other reporting
systems and health providers to conduct studies to investigate the
causes of birth defects, stillbirths, and miscarriages and to
determine and evaluate measures designed to prevent their occurrence.
  The department's investigation of poor reproductive outcomes shall
not be limited to geographic, temporal, or occupational associations,
but may include investigation of past exposures.
   103845.  The director shall appoint an advisory committee to
advise on the implementation of this chapter.  Each of the
disciplines of epidemiology, hospital administration, biostatistics,
maternal and child health and public health shall be represented on
the committee.  At least one of the members shall be a representative
of the manufacturing industry.
   103850.  (a) All information collected and analyzed pursuant to
this chapter shall be confidential insofar as the identity of the
individual patient is concerned and shall be used solely for the
purposes provided in this chapter.  Access to the information shall
be limited to authorized program staff, and persons with a valid
scientific interest, who meet qualifications as determined by the
director, who are engaged in demographic, epidemiological or other
similar studies related to health, and who agree, in writing,  to
maintain confidentiality.
   (b) The department shall maintain an accurate record of all
persons who are given access to the information in the system.  The
record shall include:  the name of the person authorizing access;
name, title, and organizational affiliation of persons given access;
dates of access; and the specific purpose for which information is to
be used.  The record of access shall be open to public inspection
during normal operating hours of the state department.
   (c) All research proposed to be conducted by persons other than
program staff, using the information in the system, shall first be
reviewed and approved by the director and the State Committee for the
Protection of Human Subjects.  Satisfaction of the terms of the
director's rules for data access shall be deemed to establish a valid
scientific interest for purposes of subdivision (a), entitling the
researcher to review records collected pursuant to Section 103830 and
to contact case subjects and controls.
   (d) Whenever program staff, pursuing program objectives, deems it
necessary to contact case subjects and controls, program staff shall
submit a protocol describing the research to the director and to the
State Committee for the Protection of Human Subjects.  Once a
protocol is approved by that committee, program staff shall be deemed
to have established a bona fide research purpose, and shall be
entitled to complete the approved project and contact case subjects
and controls without securing any additional approvals or waivers
from any entity.
   (e) Nothing in this section shall prohibit the publishing by the
department of statistical compilations relating to birth defects,
stillbirth, or miscarriage that do not in any way identify individual
cases or individual sources of information.
   (f) Any person who, in violation of a written agreement to
maintain confidentiality, discloses any information provided pursuant
to this section, or who uses information provided pursuant to this
section in a manner other than as approved pursuant to this section
may be denied further access to any confidential information
maintained by the department.  That person shall also be subject to a
civil penalty of five hundred dollars ($500).  The penalty provided
in this section shall not be construed as restricting any remedy,
provisional or otherwise, provided by law for the benefit of the
department or any person.
   103855.  The department may enter into a contract for the
establishment and implementation of the birth defects monitoring
program.  The contract shall include provisions requiring full
compliance with all the requirements of this chapter.  The term of
the contract may be in excess of one year, but no longer than three
years.  Funds shall be allocated in accordance with the state Budget
Act.  Funds withheld from the contractor at the conclusion of a
fiscal year until specified tasks are completed shall be released
promptly on proof of substantial completion, and shall not be offset
against any funding for the subsequent fiscal year.

      CHAPTER 2.  CALIFORNIA TUMOR REGISTRY

   103875.  (a) The department shall conduct a program of
epidemiological assessments of the incidence of cancer.  The program
shall encompass all areas of the state for which cancer incidence
data are available.  The program shall include the monitoring of
cancers associated with suspected carcinogens encountered by the
general public both in occupational locations and in the environment
generally.
   (b) The program shall be under the direction of the director, who
may enter into contracts as are necessary for the conduct of the
program and may accept, on behalf of the state, grants of public or
private funds for the program.  The director shall analyze available
incidence data and prepare reports and perform studies as necessary
to identify cancer hazards to the public health and their remedies.
   (c) It is the intent of the Legislature that an appropriation be
included in each Budget Act in an amount sufficient to provide for
the annual cost of the program.
   103880.  The Resource for Cancer Epidemiology of the department
shall investigate and formulate a set of options and implementation
plans for utilizing the California Tumor Registry in epidemiological
research on the effects of Agent Orange exposure on Vietnam veterans.
  The options and plans shall take into consideration the existing
programs and capabilities of the Department of Veterans Affairs, and
shall be reported to the Legislature by June 30, 1985.
   This section shall remain in effect only until January 1, 1995,
and as of that date is repealed, unless a later enacted statute, that
is chaptered before January 1, 1995, deletes or extends that date.

   103885.  (a) The director shall establish a statewide system for
the collection of information determining the incidence of cancer,
using population-based tumor registries modeled after the Cancer
Surveillance Program of Orange County.  As of the effective date of
this section the director shall begin phasing in the statewide cancer
reporting system.  By July 1, 1988, all county or regional
registries shall be implemented or initiated.  By July 1, 1990, the
statewide cancer reporting system shall be fully operational.  Within
60 days of the effective date of this section, the director shall
submit an implementation and funding schedule to the Legislature.
   (b) The department may designate any demographic parts of the
state as regional cancer incidence reporting areas and may establish
regional cancer registries, with the responsibility and authority to
carry out the intent of this section in designated areas.  Designated
regional registries shall provide, on a timely basis, cancer
incidence data as designated by the state department to the
department.  The department may contract with an agency, including,
but not limited to, a health systems agency, single county health
department, multicounty health department grouping, or nonprofit
professional association, representing a designated cancer reporting
region for the purposes of collecting and collating cancer incidence
data.
   (c) The director shall designate cancer as a disease required to
be reported in the state or any demographic parts of the state in
which cancer information is collected under this section.  All
cancers diagnosed or treated in the reporting area shall thereafter
be reported to the representative of the department authorized to
compile the cancer data, or any individual, agency, or organization
designated to cooperate with that representative.
   (d) (1) Any hospital or other facility providing therapy to cancer
patients within an area designated as a cancer reporting area shall
report each case of cancer to the department or the authorized
representative of the department in a format prescribed by the
department.  If the hospital or other facility fails to report in a
format prescribed by the department, the department's authorized
representative may access the information from the hospital or the
facility and report it in the appropriate format.  In these cases,
the hospital or other health facility shall reimburse the state
department or the authorized representative for its cost to access
and report the information.
   (2) Any physician and surgeon, dentist, podiatrist, or other
health care practitioner diagnosing or providing treatment for cancer
patients shall report each cancer case to the department or the
authorized representative of the department except for those cases
directly referred to a treatment facility or those previously
admitted to a treatment facility for diagnosis or treatment of that
instance of cancer.

           (e) Any hospital or other facility that is required to
reimburse the department or its authorized representative for the
cost to access and report the information pursuant to subdivision (d)
shall provide payment to the department or its authorized
representative within 60 days of the date this payment is demanded.
In the event any hospital or other facility fails to make the payment
to the department or its authorized representative within 60 days of
the date the payment is demanded, the department or its authorized
representative may, at its discretion, assess a late fee not to
exceed 11/2 percent per month of the outstanding balance.  Further,
in the event that the department or its authorized representative
takes a legal action to recover its costs and any associated fees,
and the department or its authorized representative receives a
judgment in its favor, the hospital or other facility shall also
reimburse the department or its authorized representative for any
additional costs it incurred to pursue the legal action.  Late fees
and payments made to the department by hospitals or other facilities
pursuant to this subdivision shall be considered as reimbursements of
the additional costs incurred by the department.
   (f) All physicians and surgeon, hospitals, outpatient clinics,
nursing homes and all other facilities, individuals or agencies
providing diagnostic or treatment services to patients with cancer
shall grant to the department or the authorized representative access
to all records that would identify cases of cancer or would
establish characteristics of the cancer, treatment of the cancer, or
medical status of any identified cancer patient.  Willful failure to
grant access to those records shall be punishable by a fine of up to
five hundred dollars ($500) each day access is refused.  Any fines
collected pursuant to this subdivision shall be deposited in the
General Fund.
   (g) All information reported pursuant to this section shall be
confidential as provided in Section 100330, except that the
department and any regional cancer registry designated by the
department shall use the information to determine the sources of
malignant neoplasms and evaluate measures designed to eliminate,
alleviate, or ameliorate their effect.  The department and any
regional cancer registry designated by the department may enter into
agreements to furnish confidential information to other states'
cancer registries, federal cancer control agencies, local health
officers, or health researchers for the purposes set forth in this
subdivision if those out-of-state registries, agencies, officers, or
researchers agree in writing to maintain the confidentiality of the
information, and in the case of researchers, if they have obtained
the approval of their committee for the protection of human subjects
established in accordance with Part 46 (commencing with Section
46.101) of Title 45 of the Code of Federal Regulations.
   (h) For the purpose of this section, "cancer" means all malignant
neoplasms, regardless of the tissue of origin, including malignant
lymphoma, Hodgkins disease, and leukemia, but excluding basal cell
and squamous cell carcinoma of the skin.
   (i) Nothing in this section shall preempt the authority of
facilities or individuals, providing diagnostic or treatment services
to patients with cancer, to maintain their own facility-based tumor
registries.
   (j) It is the intent of the Legislature that the department, in
establishing a system pursuant to this section, maximize the use of
available federal funds.

      CHAPTER 3.  DISORDERS CHARACTERIZED BY LAPSES OF CONSCIOUSNESS

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


      CHAPTER 4.  REYES SYNDROME

   103925.  (a) The Legislature finds and declares the following:
   (1) The cause and the cure of Reyes Syndrome are unknown, and the
number of incidences of this disease is also unknown.
   (2) Where the scope of a medical problem is unknown, the amount of
research funds is usually small.  Therefore, it is necessary to
define the extent of this medical problem.
   (b) A physician and surgeon attending a patient diagnosed as
having Reyes Syndrome shall report that condition, within seven days
of the diagnosis, to the department on report forms prescribed by the
department.
  SEC. 5.  Division 103 (commencing with Section 104100) is added to
the Health and Safety Code, to read:

      DIVISION 103.  DISEASE PREVENTION AND HEALTH PROMOTION

      PART 1.  CHRONIC DISEASE
      CHAPTER 1.  CARDIOVASCULAR DISEASE

   104100.  The Legislature finds and declares that high blood
pressure, also known as hypertension, is a widespread and serious
public health problem in California.  This condition, when untreated,
is a major contributor to heart disease, stroke, kidney disease, and
related cardiovascular morbidity and mortality.  Although high blood
pressure can be effectively controlled through the use of now well
established antihypertensive drugs, treatment is not always
adequately utilized.
   It is estimated that there are two million adults in California
who have high blood pressure.  It is further estimated, based on
national data, that no more than 71 percent of all adult Californians
with high blood pressure are aware of their condition, and that of
those who are aware, only 40 percent are being effectively treated.
Thus, of some two million California adults with high blood pressure,
only about 568,000 have their condition adequately controlled.
Unless the problem of uncontrolled high blood pressure among some
1,432,000 adults is promptly addressed, many of these individuals
will experience preventable serious illness, disability and death.
In addition, the state will continue to face unnecessary medical and
welfare costs resulting from high blood pressure and its resulting
effects.  Consequently, it is necessary to provide for expanded
statewide efforts, interface with relevant federal legislation,
establish and maintain appropriate guidelines, and enhance high blood
pressure control activities at the community level.  Coordination of
local and state efforts in the planning, implementation, and
evaluation of high blood pressure control activities is required, in
order to improve allocations and utilization of resources to control
high blood pressure in the states population.
   104105.  The department shall conduct a program for the control of
high blood pressure.  The program shall include, but not be limited
to, all of the following:
   (a) Support of local community high blood pressure control
programs to improve the quality and distribution of high blood
pressure control services.
   (b) Promotion of consumer participation in high blood pressure
control efforts.
   (c) Statewide coordination of high blood pressure control
activities.
   (d) Planning, including development, adoption, periodic review,
and revision of a state plan for high blood pressure control; and
assistance to local agencies in their planning efforts.
   (e) Gathering, analysis, and dissemination of epidemiologic data
and information on high blood pressure and its resulting effects, and
support of high blood pressure research.
   (f) Development and maintenance of a clearinghouse for high blood
pressure information, materials, and services.
   (g) Promotion of local and regional councils on high blood
pressure control.
   (h) Evaluation of high blood pressure control efforts.
   (i) Education of patients, health professionals, and the general
public.
   104110.  Local community high blood pressure control programs may
include any or all of the following program components:
   (a) Screening.
   (b) Detection.
   (c) Referral and followup.
   (d) Diagnostic evaluation.
   (e) Adherence management.
   (f) Dropout retrieval.
   (g) Patient education.
   (h) Public education.
   (i) Provider education.
   (j) Such other components consistent with applicable federal
program requirements as the department may deem desirable in
controlling high blood pressure and are reflected in the state plan
for high blood pressure control.
   104115.  The department may enter into contracts with local public
and private nonprofit agencies for the purpose of operating
community high blood pressure control programs.
   104120.  The department shall establish standards for applications
for funding, review of proposals, funding awards, technical
assistance, monitoring, and evaluation of local programs as it may
deem necessary for the implementation of this chapter.
   104125.  No services provided pursuant to this chapter shall
substitute for other obligations of a unit of local government,
including those required by state law.
   Funds appropriated to carry out the purposes of this chapter shall
be supplemental to those available from the federal government and
shall not duplicate, nor shall they replace, any commitments made by
the federal government to support high blood pressure control,
including any formula allocations for which California would be
eligible whether or not this chapter is enacted into law.
   104130.  Local community high blood pressure control programs
funded pursuant to this chapter shall make maximum use of third party
payments and other resources to support their efforts.
   104135.  The department may receive and expend funds for high
blood pressure control pursuant to this chapter from federal and
other available sources and may use such funds, along with available
state funds, to support a unified high blood pressure control
program.
   104140.  It is the intent of the Legislature that the department
shall utilize available federal funds for carrying out the purposes
of this chapter.

      CHAPTER 2.  CANCER (Reserved)
      CHAPTER 3.  CHRONIC OBSTRUCTIVE PULMONARY DISEASE (Reserved)
      CHAPTER 4.  DIABETES (Reserved)
      CHAPTER 5.  BLINDNESS AND OTHER CHRONIC DISEASE

   104300.  The department shall maintain a program for the
prevention of blindness, including, but not limited to:
   (a) Studies to determine the number, distribution, and nature of
conditions leading to blindness among the population of the state.
   (b) Investigations into the causes of blindness for the purpose of
developing control procedures.
   (c) Consultations with, and assistance to, local agencies directed
toward education for the prevention of blindness, the early
identification of conditions leading to blindness, and the
application of methods for reducing the amount of blindness resulting
from preventable conditions.
   104305.  The department may enter into agreements with any public
or private organization, agency, or individual to carry out its
duties and responsibilities with respect to the prevention of
blindness.

      PART 2.  INJURY PREVENTION AND CONTROL
      CHAPTER 1.  UNINTENTIONAL INJURY STUDY AND CONTROL

   104325.  The department may maintain a program of accidental
injury study and control, including but not limited to, all of the
following:
   (a) The conduct of studies to determine the health and human
components of accidental injury.
   (b) The study of factors associated with prompt and efficient
emergency treatment of accidental injuries.
   (c) The study of human and environmental factors in the occurrence
of accidental injury.
   (d) The development of control programs to reduce the frequency
and severity of accidental injuries resulting from health and other
human factors, either alone or in combination with environmental
factors.
   (e) Consultation with and assistance to local health departments
and other agencies in the development and maintenance of programs for
the prevention and control of accidental injuries.
   104330.  The department may enter into agreements with any public
or private organization, agency, or individual to carry out its
duties and responsibilities with respect to accidental injury study
and control.  In any situation where these activities may duplicate
or overlap the activities of another state department or agency, the
department shall confer with that department or agency in order to
avoid duplication.

      PART 3.  RISK REDUCTION
      CHAPTER 1.  TOBACCO CONTROL
      Article 1.  Tobacco Use Prevention

   104350.  (a) The Legislature finds and declares as follows:
   (1) Smoking is the single most important source of preventable
disease and premature death in California.
   (2) More than 30 percent of coronary heart disease cases are
attributable to cigarette smoking.
   (3) More than 30 percent of all annual cancer deaths are
attributable to smoking, with lung cancer now the leading cancer
killer in women as well as men.
   (4) Smoking is responsible for one-quarter of all deaths caused by
fire.
   (5) Involuntary smoking is a cause of disease, including lung
cancer, in healthy nonsmokers.
   (6) More than 80 percent of chronic obstructive lung diseases
including emphysema and chronic bronchitis are attributable to
smoking.
   (7) Tobacco-related disease places a tremendous financial burden
upon the persons with the disease, their families, the health care
delivery system, and society as a whole.  California spends five
billion six hundred million dollars ($5,600,000,000) a year in direct
and indirect costs on smoking-related illnesses.
   (8) The elimination of smoking is the number one weapon against
four of the five leading causes of death in California.
   (9) Keeping children and young adults from beginning to use
tobacco and encouraging all persons to quit tobacco use shall be the
highest priority in disease prevention for the State of California.
More than 60 percent of all smokers begin smoking by the age of 14,
and 90 percent begin by the age of 19.
   (10) The State of California shall play a leading role in
promoting a smoke-free society by the year 2000 and thereby
supporting the National Health Status Objectives for the year 2000
relating to smoking and tobacco use.
   (b) It is the intent of the Legislature, therefore, to require the
department, local lead agencies, and the State Department of
Education to cooperatively and individually conduct activities
directed at the prevention of tobacco use and tobacco-related
diseases.  The campaign shall focus on health promotion, disease
prevention, and risk reduction, utilizing a "wellness" perspective
that encourages self-esteem and positive decisionmaking techniques.
It is also the intent of the Legislature that, for the purpose of
program planning and program evaluation, the department provide data
and technical information on tobacco-related diseases, tobacco use
and its consequences, and effective personal and community
interventions to prevent tobacco use.
   104355.  The following definitions shall apply to this article:
   (a) "Grantee" means any public or private nonprofit entity
approved by the department or the State Department of Education to
receive funds pursuant to this article.  Grantees may include, but
are not limited to, hospitals, community clinics, local health
departments, voluntary health organizations, Indian tribes, colleges
and universities, county offices of education, school districts,
health maintenance organizations, professional health associations,
and professional health education associations.
   (b) "Tobacco-related disease" means any of the following:
   (1) Coronary heart disease.
   (2) Cerebrovascular disease.
   (3) Cancer, including cancers of the lung, larynx, esophagus,
bladder, pancreas, and mouth.
   (4) Chronic obstructive lung diseases, including emphysema,
chronic bronchitis, asthma, and related lung disorders.
   (5) Conditions where smoking or tobacco use has been determined to
be a risk factor for excess disability and illness, including burns
due to smoking-related fires.
   (c) "Tobacco use" means the consumption of tobacco products by
burning, chewing, inhalation, or other forms of ingestion.
   (d) "Voluntary health organization" means a nonprofit organization
organized for purposes related to health, including, but not limited
to, an organization devoted to the research of cancer, heart
disease, or diseases of the lung.
   (e) "Committee" means the Tobacco Education Oversight Committee.
   (f) "The department" means the State Department of Health
Services.
   (g) "Service provider" means an agency or organization that enters
into an agreement with the local lead agency or state department to
provide services under this article.
   (h) "Direct services" means the provision of preventive health
education services to targeted populations.
   (i) "Local plan" means a plan submitted pursuant to Section
104400.
   (j) "Preventive health education against tobacco use" means
programs of instruction intended to dissuade individuals from
beginning to smoke, to encourage smoking cessation, or to provide
information on the health effects of tobacco on the user, children,
and nonsmokers.  These programs may include a focus on health
promotion, disease prevention, and risk reduction, utilizing a
"wellness perspective" that encourages self-esteem and positive
decisionmaking techniques.
   (k) "Targeted populations" means those population groups specified
in Sections 104360 and 104385.
   (l) "Local lead agencies" means those agencies designated as local
lead agencies pursuant to Section 104400.
   104360.  The following target populations, at a minimum, shall be
the focus of the campaign implemented pursuant to this article:
   (a) School-age youth and their families in the schools and in the
community.
   (b) Black, Hispanic, Native American, and Asian-Pacific American
populations, pregnant women, and current smokers.
   104365.  (a) There is hereby created the Tobacco Education and
Research Oversight Committee in state government that shall advise
the department and the State Department of Education with respect to
policy development, integration, and evaluation of tobacco education
programs funded under this article, and for development of a master
plan for the future implementation of tobacco education programs.
   (b) The Tobacco Education Oversight Committee shall be composed of
13 members to be appointed as follows:
   (1) Two members representing volunteer health organizations
dedicated to the reduction of tobacco use appointed by the Speaker of
the Assembly.
   (2) One member representing an organization that represents health
care employees appointed by the Senate Rules Committee.
   (3) One member of a professional education association, such as an
association of teachers, appointed by the Senate Rules Committee.
   (4) One member of a university facility with expertise in programs
intended to reduce tobacco use appointed by the Governor.
   (5) Two representatives of a target population group appointed by
the Governor.
   (6) One representative of the department appointed by the
Governor.
   (7) One representative of the State Department of Education
appointed by the Superintendent of Public Instruction.
   (8) One member representing the interests of the general public
appointed by the Governor.
   (9) One representative of local health departments appointed by
the Governor.
   (10) One member representing a volunteer health organization
dedicated to the reduction of tobacco associated injury appointed by
the Governor.
   (11) One member from the Tobacco Related Disease Research Program
appointed by the Governor.
   (c) Members shall serve for a term of two years, renewable at the
option of the appointing authority.  The initial appointments of
members shall be for two or three years, to be drawn by random lot at
the first meeting.  The committee shall be staffed by the department'
s coordinator of the program created pursuant to Section 104375.
   (d) The committee shall meet as often as it deems necessary, but
shall meet not less than four times per year.
   (e) The members of the committee shall serve without compensation,
but shall be reimbursed for necessary travel expenses incurred in
the performance of the duties of the committee.
   104370.  The committee shall be advisory to the department, the
University of California, and State Department of Education for the
following purposes:
   (a) Evaluation of research, school- and community-based programs
funded under this article as necessary in order to assess the overall
effectiveness of efforts made by the programs to reduce the use of
tobacco products.  In order to evaluate tobacco education, research,
and cessation programs, the committee shall seek the cooperation and
assistance of the department, the State Department of Education,
county offices of education, local lead agencies, administrative
representatives, target populations, school officials, and
researchers.  A principal measurement of effectiveness shall be
reduction of smoking rates among a given target population.
   (b) Facilitation of programs directed at reducing and eliminating
tobacco use that are operated jointly by more than one agency or
entity.  The committee shall propose strategies for the coordination
of proposed programs administered by the department, the University
of California, and the State Department of Education in order to
avoid the duplication of services and to maximize the public benefit
of the programs.
   (c) Make recommendations to the department, the University of
California, and the State Department of Education regarding the most
appropriate criteria for the selection of, standards of the operation
of, and the types of programs to be funded under this article.
   (d) Reporting to the Legislature on or before January 1 of each
year on the number and amount of tobacco education programs funded by
the Health Education Account, created by Section 30122 of the
Revenue and Taxation Code, the amount of money in the account, any
moneys previously appropriated to the department, the University of
California, and the State Department of Education but unspent by the
departments, a description and assessment of all programs funded
under this article, and recommendations for any necessary policy
changes or improvements for tobacco education programs.
   (e) Ensuring that the most current research findings regarding
tobacco use prevention are applied in designing the tobacco education
programs administered by the department and the State Department of
Education.  The department and the State Department of Education
shall apply the most current findings and recommendations of research
including research funded by the Research Account of the Cigarette
and Tobacco Products Surtax Fund created by Section 30122 of the
Revenue and Taxation Code.
   (f) Based on the results of programs supported by this article and
any other proven methodologies available to the committee, produce a
comprehensive master plan for implementing tobacco education
programs throughout this state for the prevention and cessation of
tobacco use.  The master plan shall include implementation strategies
for each target population specified in Section 104360 for programs
throughout this state.  The Tobacco Education and Research Oversight
Committee shall submit the master plan to the Legislature on or
before January 1, 1991, and shall be updated every two years
thereafter until a progress report is completed on January 15, 2000.
The master plan and its revisions shall include recommendations on
administrative arrangements, funding priorities, integration and
coordination of approaches by the department, the University of
California, and the State Department of Education and their support
systems, as well as
progress reports relating to each target population.  The master plan
shall establish a goal of achieving a 75-percent reduction in
tobacco consumption in California by the year 1999.
   104375.  (a) To prevent tobacco-related diseases and diminish
tobacco use, the department shall establish within the department a
program on tobacco use and health to reduce tobacco use in California
by conducting health education interventions and behavior change
programs at the state level, in the community, and other nonschool
settings.
   (b) The department shall conduct statewide surveillance of
tobacco-related behaviors, knowledge, and attitudes and evaluate the
department's local and state tobacco control programs under this
article.  At a minimum, these evaluation activities shall utilize
scientifically appropriate methods for monitoring the annual progress
of the program in reducing the adult smoking prevalence from the
1993 benchmark rate of 20 percent and reducing cigarette consumption
from the 1993 per capita benchmark rate of 4.84 packs per quarter.
These surveillance and evaluation activities may include, but need
not be limited to, the following:
   (1) Be based on sound evaluation principles and include, to the
extent feasible, elements of controlled experimental methods.
   (2) Monitor the overall statewide effect of health education
efforts on smoking and tobacco use, and, to the extent feasible, the
resulting effects on health.
   (3) Monitor the effect of the programs on individual target
populations identified by this article or designated by the
department as meriting special attention.
   (4) Provide an evaluation of the comparative effectiveness of
individual program designs that shall be used in funding decisions
and program modifications.
   (5) Incorporate other aspects into the evaluation that have been
identified by the department in consultation with state and local
advisory groups, local lead agencies, and other interested parties.
   (6) Funds permitting, utilize a sample size that is adequate to
produce county, regional, and ethnic specific estimates.
   (c) The department shall produce or contract for, and update
biennially, a description of programs determined to be effective in
reducing smoking and tobacco use, and the identification of portions
of target populations that need information regarding the hazards of
tobacco use.  The department, in consultation with the State
Department of Education, shall conduct, or contract for an evaluation
of the effectiveness of the tobacco use prevention and education
program as implemented in the public schools that receive funding for
tobacco use prevention education pursuant to Sections 104420,
104425, 104435, and 104445.  The purpose of the evaluation shall be
to direct the most efficient allocation of resources appropriated
under this article to accomplish the maximum prevention and reduction
of tobacco use.  The comprehensive evaluation shall be designed to
measure the extent to which programs funded pursuant to this article
promote the goals identified in this article and in Proposition 99 of
the November 1988 general election.  All information resulting from
the evaluation shall be made available to the State Department of
Education for purposes of improving its ability to implement and
oversee the provision of effective tobacco use prevention education
programs.  The evaluator shall:
   (1) Assess the effectiveness of tobacco use prevention education
programs designed to prevent and reduce tobacco use among students.
In support of this primary goal, the evaluation shall:
   (A) Report findings on the effectiveness of programs and
strategies currently in use in California schools that prevent and
reduce tobacco use.
   (B) Select a research strategy that will identify formal and
informal factors that might account for differences in tobacco use by
students, including, but not limited to, formal education prevention
strategies.
   (C) Incorporate in the evaluation quantitative as well as
qualitative data.  The data shall include, but are not limited to:
   (i) Student data, including attitudes, knowledge, and behavior
based upon a statistically valid random sample of school districts
and students.
   (ii) Curriculum data, including diversity of curricula, evidence
of appropriateness to grade level, gender, and ethnicity, and the
extent of the inclusion of prevention approaches identified in
research literature.
   (iii) School data, including intensity of emphasis on tobacco use
prevention and evidence of counseling or treatment referral systems.

   (iv) Community data, including the existence of parent networks
and the participation of community service organizations including
local lead agencies, in prevention.
   (2) Develop and test a regular tobacco use prevention and
education information system for use by the State Department of
Education, using the resulting information to establish the extent of
implementation of tobacco use prevention education programs
statewide and the degree of student exposure to these programs at
selected grade levels.
   (3) Ensure provision of a fourth administration of a statewide,
biennial survey of attitudes toward tobacco and prevalence of tobacco
use among public school students.  To the extent possible, existing
survey data shall be utilized.
   (4) Provide recommendations to the Legislature and the State
Department of Education on tobacco use prevention education program
changes.
   (5) Assist the State Department of Education in identifying and
developing instructional materials and curricula in school-based
programs, designed to enhance the prevention of and encouraging the
cessation of the continuing use of, tobacco products.  The materials
and curricula shall address the specific needs of persons in grades 4
to 12, inclusive, and in adult education programs.
   (d) School districts shall agree, as a condition of receiving
money pursuant to this article, to participate in the evaluation if
chosen by the evaluator.
   (e) (1) The department shall contract with one or more qualified
agencies for production and implementation of an ongoing public
awareness of tobacco-related diseases by developing an information
campaign using a variety of media approaches.  The department shall
issue a request for proposals biennially.  Any media campaign funded
with this part shall stress the importance of both preventing the
initiation of tobacco use and quitting smoking and shall be based on
professional market research and surveys necessary to determine the
most effective method of diminishing tobacco use among specified
target populations.  Initial media efforts shall be directed to
specific target populations.  The contractors selected shall be
provided with all available survey information resulting from ongoing
programs funded under this article.  Priority shall be given to
minor children, ages 6 to 14, inclusive.  The medium used shall be
determined to be the most effective at reaching this targeted age
group.  With respect to the broadcast media, the message shall be
aired at times expected to reach the priority age group.  With
respect to the print media, publications to be used shall be those
that appeal to the priority age group.
   (2) No media campaign funded pursuant to this article shall
feature in any manner the image or voice of any elected public
official or candidate for elected office, or directly represent the
views of any elected public official or candidate for elected office.

   (f) The department shall provide or contract for training,
consultation, support, and continuing education to health
professionals, and others interested in developing programs and
services directed at preventing tobacco use and promoting smoking
cessation, utilizing, when available and determined appropriate by
the department, the expertise of universities in this state and
schools of public health.  The training, consultation, support, and
continuing education shall include advice and support in creating a
smoke-free environment.
   (g) The department shall conduct an awards program to acknowledge
the outstanding achievements of those communities, organizations, and
groups that have fostered movement toward a smoke-free society or
have reduced the consumption of tobacco.
   (h) The department shall issue guidelines for local plans for
education against tobacco use.  The guidelines shall require local
public health departments to provide services directed at preventing
tobacco use and promoting smoking cessation to the target populations
enumerated in Section 104360 and to persons under 19 years of age
who no longer attend school and to youth attending school who are not
served through State Department of Education funded programs.  The
guidelines shall require for each target population to be served a
description of the services to be provided, an estimate of the number
to be served, an estimate of the success rate, and a method to
determine to what extent goals have been achieved.  Beginning with
the 1990-91 fiscal year, and for each fiscal year thereafter, the
guidelines shall require local lead agencies to describe how local
funding decisions will take into account evaluations of program
effectiveness and efficiency.  The guidelines shall require the
submission of a budget and information on staffing configurations.
   (i) By December 31, 1989, the department shall issue guidelines
for fiscal year 1989-90 and by July 1, 1990, the department shall
issue guidelines to local lead agencies on how to prepare a local
plan for a comprehensive community intervention program against
tobacco use.
   (j) The department shall provide technical assistance to local
lead agencies for the development of plans required by Section 104400
so that the local lead agencies are able to comply with the schedule
for the submission of plans specified in Section 104400.  The
technical assistance shall include, but not be limited to, the
following:
   (1) Developing and disseminating preventive health education
program options for local communities.
   (2) Providing training, consultation, and technical assistance to
local health departments, local advisory committees, and service
providers.
   (k) The department shall receive and approve local plans submitted
by local lead agencies and provide technical assistance and guidance
as necessary to ensure the compliance of the local lead agencies
with this article.  Every effort shall be made to approve or provide
a list of necessary amendments to a local plan within 30 days of
receipt of the local plan.  The department may authorize a local lead
agency to begin implementation of its local plan on a provisional
basis, with final approval of the local plan contingent on satisfying
conditions specified by the department.
   (l) The department shall work in collaboration with the public and
private sectors in implementing the activities required of the
department and provide access upon request to local plans, program
statistics, and other readily available information.
   (m) The department shall provide staff, assistance, and support
needed by the committee.
   (n) In consultation with the committee, the department shall
develop a comprehensive master plan for implementing tobacco
education programs throughout the state for the prevention and
cessation of tobacco use.
   (o) The department shall consult regularly with the University of
California regarding trends in the frequency and the cost of treating
tobacco-related diseases and the success of research efforts to
reduce tobacco use and limit its adverse health effects.
   (p) The department shall establish, in consultation with the State
Department of Education and county offices of education, a data
collection and data management program to study effective tobacco use
interventions.  Under this program the department may contract for
studies and evaluations in school-based and community-based programs.
  The department shall consult with the State Department of Education
regarding the collection and evaluation of program data.
   (1) The department shall require, by contract, that local lead
agencies use a uniform management data and information system that
will permit comparisons of workload, unit costs, and outcome
measurements on a statewide basis.  The department shall specify data
reporting requirements for local lead agencies and their
subcontractors.
   (2) The department shall approve local lead agency and grantee
computer software and hardware in order to ensure systemwide
compatibility and capacity to expand.  Departmental guidelines for
local plans shall require local lead agencies to set forth their
hardware and software plans and needs.
   (3) The department may contract for the development or operation
of a computerized management information system.
   (4) The department shall consult the State Department of Education
regarding computer software and hardware systems for school-based
programs.
   104380.  (a) Funds appropriated to the department for local lead
agencies for purposes of this article shall be allocated
prospectively, on a quarterly basis in accordance with this section.

   (b) No local lead agency shall be allocated less than one hundred
ten thousand dollars ($110,000).
   (c) (1) Except as provided in subdivision (b), counties not listed
in subdivision (d) shall receive an allocation based on each county'
s proportion of the statewide population.
   (2) Counties that receive their allocations pursuant to paragraph
(1) shall receive 73 percent of their 1990-91 fiscal year allocation.

   (d) Except as provided in subdivision (b), the balance of the
funds after the allocation contained in subdivision (c) have been
made, shall be allocated to the following specified counties in
accordance with the following percentages:


          COUNTY                        ALLOCATION
          Alameda                         4.7427%
          Contra Costa                    1.8032%
          Fresno                          2.6855%
          Kern                            1.7083%
          Lake                            0.1826%
          Los Angeles                    43.8057%
          Mendocino                       0.2664%
          Merced                          0.7244%
          Monterey                        1.2937%
          Orange                          5.1382%
          Placer                          0.3697%
          Riverside                       3.1828%
          Sacramento                      3.2922%
          San Bernardino                  3.7972%
          San Diego                       5.9971%
          San Francisco                   5.3898%
          San Joaquin                     1.7413%
          San Luis Obispo                 0.8096%
          San Mateo                       1.4582%
          Santa Barbara                   0.7918%
          Santa Clara                     5.2450%
          Santa Cruz                      0.7709%
          Stanislaus                      1.2793%
          Tulare                          1.3768%
          Ventura                         1.5472%
          Yolo                            0.6004%

   (e) Except as provided in subdivision (b), the allocation for
those counties in which a city health department which is a local
lead agency as defined by subdivision (l) of Section 104355 is
located shall be apportioned among the local lead agencies in that
county based on their jurisdiction's proportionate share of the
countywide population.
   (f) Reductions in allocations necessary to comply with subdivision
(b) shall be distributed among the counties listed in subdivision
(d) proportionately based on the table contained in subdivision (d).

   (g) The department shall use population estimates for 1989 for
each county and for each city as specified in the Department of
Finance E-1 Report.
   (h) Payments shall be made prospectively, on a quarterly basis, to
local jurisdictions.
   (i) (1) The department shall conduct a fiscal and program review
on a regular basis.
   (2) If the department determines that any county is not in
compliance with any provision of this chapter, the county shall
submit to the department, within 60 days, a plan for complying with
this article.
   (3) The department may withhold funds from counties that are not
in compliance with this chapter in the same manner as the department
is authorized under Chapter 5 (commencing with Section 16940) of Part
4.7 of Division 9 of the Welfare and Institutions Code.
   104385.  (a) The department shall award and administer grants for
projects directed at the prevention of tobacco-related diseases.  The
purpose of the grant program is to conduct health education and
promotion activities targeted to high-risk persons and groups in
order to reduce the number of persons beginning to use tobacco,
continuing to use tobacco, or developing tobacco-related diseases.
The grants shall provide funds to eligible grantees, as determined by
the department.  In awarding grants, the department shall select a
variety of projects and grantees.
   (b) The department shall develop criteria and standards for the
allocation of grant awards which consider the need to balance target
populations to be served, project types of rural suburban and urban
projects, and consider the current regional availability of similar
services.  Target populations may include, but not be limited to,
children, young adults, pregnant women, low-income individuals,
Black, Hispanic, Native American, and Asian-Pacific Islander
populations, current smokers, and school-aged youth no longer
attending school classes.  The grant awards may also be made to
school districts for nonclassroom, districtwide efforts to reduce
tobacco use.  The department shall develop mechanisms to evaluate all
programs and shall require any program funded under this article to
provide statistics on the impact of the program.
   (c) The department shall give priority to grantees who do the
following:
   (1) Demonstrate community support for the project.
   (2) Design the project to coordinate with other community services
including local health programs, school-based programs, or voluntary
health organizations.
   (3) Design the project to utilize and enhance existing services
and resources.
   (4) Serve a target population at high risk of starting tobacco use
or developing tobacco-related illnesses.
   (5) Demonstrate an understanding of the role community norms have
in influencing behavioral change regarding tobacco use.
   (6) Indicate promising innovative approaches to diminishing
tobacco use among target groups and permit those approaches to be
replicated by others.
   104390.  (a) The department may provide program support services
to local tobacco use prevention programs, that shall include, but
need not be limited to, all of the following:
   (1) Data collection.
   (2) Educational materials.
   (3) Evaluation.
   (4) Technical assistance.
   (5) Training.
   (6) Transfer of information among programs.
   (b) Services funded under this section may be awarded through a
competitive request for proposal process or directly to another state
agency, the Regents of the University of California, the federal
government, or an auxiliary organization of the California State
University.
   (c) Grantees of services under this section shall demonstrate the
ability to do both of the following:
   (1) Improve the delivery of local tobacco use prevention programs
directed at the targeted populations.
   (2) Design programs to provide statewide and regional services to
support local implementation of tobacco use prevention programs.
   104395.  The department shall expand the Child Health and
Disability Prevention (CHDP) Program contained in Article 6
(commencing with Section 124025) of Chapter 3 of Part 2 of Division
106 as follows:
   (a) Any child between birth and 90 days after entrance into first
grade, all persons under 21 years of age who are eligible for the
California Medical Assistance Program, and any person under 19 years
of age whose family income is not more than 200 percent of the
federal poverty level shall be eligible for services under the
program in the county of which they are a resident.  The department
shall adopt regulations specifying which age groups shall be given
certain types of screening tests and recommendations for referral.
   (b) The first source of referral under the program shall be the
child's usual source of health care.  If referral is required and no
regular source of health care can be identified, the facility or
provider providing health screening and evaluation services shall
provide a list of three qualified sources of care, without prejudice
for or against any specific source.
   (c) The department shall issue protocols for an antitobacco
education component of the child health and disability prevention
medical examination.  The protocols shall include the following:
dissuading children from beginning to smoke, encouraging smoking
cessation, and providing information on the health effects of tobacco
use on the user, children, and nonsmokers.  The protocols shall also
include a focus on health promotion, disease prevention, and risk
reduction, utilizing a "wellness" perspective that encourages
self-esteem and positive decisionmaking techniques, and referral to
an appropriate community smoking cessation program.
   (d) Notwithstanding any other provision of law, the department
shall ensure that a portion of the funds in the Child Health
Disability Prevention Program budget is used to facilitate the
integration of the medical and dental components of all aspects of
that program.
   (e) The department shall expand its support and monitoring of
county child health and disability prevention program efforts to
provide all of the following:
   (1) Review of a representative, statistically valid, randomly
selected sample of child health and disability prevention health
assessments, including, but not limited to, dental assessments, which
result in the discovery of conditions which require followup
diagnosis and treatment, including but not limited to dental
treatment, and which qualify for services under this section.  The
purpose of the survey and followup reviews of local programs is to
determine whether necessary diagnosis and treatment services are
being provided, and the degree to which those services comply with
the intent of the act that added this subdivision.  These survey
reviews shall include all counties and shall be conducted at least
three times a year.
   (2) At least once a year, as part of regular visits to county
child health and disability prevention programs to provide technical
assistance, support services and monitoring and evaluation of program
performance, department staff shall review the effectiveness of the
mandated treatment program.  The purpose of this review is to assure
that the county is providing appropriate followup services for
conditions discovered during child health and disability prevention
health assessments.  This review shall be done in conjunction with
the ongoing survey activity of the Child Health and Disability
Prevention Branch of the department and shall utilize data resulting
from that activity.
   (3) If the department establishes that a county has failed to
provide treatment services mandated by the act that added this
subdivision, the department shall require the county to submit a plan
of correction within 90 days.  If the department finds that
substantial correction has not occurred within 90 days following
receipt of the correction plan, it may require the county to enter
into a contract pursuant to Section 16934.5 of the Welfare and
Institutions Code for the remainder of the fiscal year and the
following fiscal year, and for this purpose shall withhold the same
percentage of funds as are withheld from other counties participating
in the program pursuant to Section 16934.5 of the Welfare and
Institutions Code.
   104400.  (a) (1) Except as provided in paragraph (2), each county
health department or city health department as provided in Section
16800 of the Welfare and Institutions Code shall be the lead local
agency for its county.  The local lead agency shall have the overall
responsibility for the success of the programs funded pursuant to
this article in its county.
   (2) Counties contracting with the department for the provision of
health care services pursuant to Section 16809 of the Welfare and
Institutions Code may elect to enter into an arrangement with the
department for the administration and provision of funds and services
subject to this article in their counties.  In those cases, the
department shall act as the local lead agency for that county.
   (b) The local lead agency shall do all of the following:
   (1) Provide, or contract for, preventive health education against
tobacco services to targeted populations.
   (2) Establish a coordinated information, referral, outreach, and
intake system for preventive health education against tobacco
services for targeted populations.
   (3) Administer funds in accordance with this article, and
department guidelines.
   (4) Establish a uniform data collection system in compliance with
standards and guidelines issued by the department, and submit audit
and fiscal reports as required by the department.
   (5) Coordinate services authorized by this article within and
between county service providers.
   (6) Provide technical assistance to service providers.
   (7) Review, and suggest improvements to proposed county school
district antitobacco plans.  Prepare a letter for the county officer
of education setting forth conclusions of the review.  Work closely
with the county office of education to ensure effective coordination
of local school and nonschool antitobacco efforts.
   (8) Coordinate activities with other governmental agencies.
   (c) The local plans described in paragraph (4) of subdivision (b)
shall include all of the following:
   (1) A description of the targeted population, including age, race,
ethnicity, language, education, income levels, its status as urban
or rural, transportation needs, and any other information which the
local lead agency determines is relevant.
   (2) Local data on smoking and tobacco use among the targeted
population.
   (3) Goals for how many persons of the targeted population will be
reached by health education, how many will participate in a smoking
prevention or cessation program, and how many will quit or not start
smoking as a result.

     (4) A description of the direct services to be provided under
the plan, including the services to be provided to the targeted
populations enumerated in Section 104360 and schoolage youth who do
not receive services through public school programs.
   (5) Cost estimates for programs identified in the plan.
   104405.  Local lead agencies shall obtain the involvement and
participation of local community organizations with special
experience and expertise in community health education against
tobacco usage, including representatives of high-risk populations.
Local lead agencies shall include in their plan submitted pursuant to
Section 104400 a description of how they shall fulfill this
requirement.  Representatives of these local groups shall assist and
advise the local lead agency in all aspects of the local plan
implemented pursuant to this article.
   104410.  The following goals and priorities shall govern funding
services provided under this article pursuant to local plans:
   (a) The provisions of preventive health education against tobacco
use aimed at targeted populations, including pregnant women, mothers
of young children, and minorities, school dropouts, and other
school-aged youth who would otherwise be unserved.
   (b) The provisions of preventive health education against tobacco
use aimed at school-age youth and their families in the community.
   (c) The provision of preventive health education against tobacco
use aimed at the workplace and the community.
   104415.  (a) Local lead agencies shall attempt to ensure that
preventive education against tobacco use for targeted populations is
provided in a way that reaches all geographic areas of the county.
   (b) In choosing among eligible service providers available to
serve the targeted populations described in subdivision (a), the
local lead agency shall give priority to programs presently providing
preventive health education, case management services to the
targeted populations which are compatible with preventive health
education against tobacco use, or other services in which preventive
health education against tobacco use can be incorporated in a logical
and efficient manner.
   104420.  The State Department of Education shall provide the
leadership for the successful implementation of this article in
programs administered by local public and private schools, school
districts, and county offices of education.  The State Department of
Education shall do all of the following:
   (a) Provide a planning and technical assistance program to carry
out its responsibilities under this article.
   (b) Provide guidelines for schools, school districts, and school
district consortia to follow in the preparation of plans for
implementation of antitobacco use programs for schoolage populations.
  The guidelines shall:
   (1) Require the applicant agency to select one or more model
program designs and shall permit the applicant to modify the model
program designs to take special local needs and conditions into
account.
   (2) Require the applicant agency to prepare for each target
population to be served a description of the service to be provided,
an estimate of the number to be served, an estimate of the success
rate and a method to determine to what extent goals have been
achieved.
   (3) Require plan submissions to include a staffing configuration
and a budget setting forth use and distribution of funds in a clear
and detailed manner.
   (c) Prepare model program designs and information for local
schools, local school districts, consortia, and county offices of
education to follow in establishing direct service programs to
targeted populations.  Model program designs shall, to the extent
feasible, be based on studies and evaluations that determine which
service delivery systems are effective in reducing tobacco use and
are cost-effective.  The State Department of Education shall consult
with the department, and school districts with existing antitobacco
programs in the preparation of model program designs and information.

   (d) Provide technical assistance for local schools, local school
districts, and county offices of education regarding the prevention
and cessation of tobacco use.  In fulfilling its technical assistance
responsibilities, the State Department of Education may establish a
center for tobacco use prevention that shall identify, maintain, and
develop instructional materials and curricula encouraging the
prevention or cessation of tobacco use.  The State Department of
Education shall consult with the department and others with expertise
in antitobacco materials or curricula in the preparation of these
materials and curricula.
   (e) Monitor the implementation of programs that it has approved
under this article to ensure successful implementation.
   (f) Prepare guidelines within 180 days of the effective date of
this article for a school-based program of outreach, education,
intervention, counseling, peer counseling, and other activities to
reduce and prevent smoking among schoolage youth.
   (g) Assist county offices of education to employ a tobacco use
prevention coordinator to assist local schools and local public and
community agencies in preventing tobacco use by pupils.
   (h) Train the tobacco use prevention coordinators of county
offices of education so that they are:
   (1) Familiar with relevant research regarding the effectiveness of
various kinds of antitobacco use programs.
   (2) Familiar with department guidelines and requirements for
submission, review, and approval of school-based plans.
   (3) Able to provide effective technical assistance to schools and
school districts.
   (i) Establish a tobacco use prevention innovation program effort
directed at specific pupil populations.
   (j) Establish a competitive grants program to develop innovative
programs promoting the avoidance, abatement, and cessation of tobacco
use among pupils.
   (k) Establish a tobacco-free school recognition awards program.
   (l) As a condition of receiving funds pursuant to this article,
the State Department of Education, county offices of education, and
local school districts shall ensure that they coordinate their
efforts toward smoking prevention and cessation with the lead local
agency in the community where the local school district is located.
   (m) (1) Develop, in coordination with the county offices of
education, a formula that allocates funds for school-based,
antitobacco education programs to school districts and county offices
of education for all students in grades 4 to 8, inclusive, on the
basis of the average daily attendance (ADA) of pupils.  School
districts shall provide tobacco-use prevention instruction for
students, grades 4 to 8, inclusive, that address the following
essential topics:
   (A) Immediate and long-term undesirable physiologic, cosmetic, and
social consequences of tobacco use.
   (B) Reasons that adolescents say they smoke or use tobacco.
   (C) Peer norms and social influences that promote tobacco use.
   (D) Refusal skills for resisting social influences that promote
tobacco use.
   (2) Develop a competitive grants program administered by the State
Department of Education directed at students in grades 9 to 12,
inclusive.  The purpose of the grant program shall be to conduct
tobacco-use prevention and cessation activities targeted to high-risk
students and groups in order to reduce the number of persons
beginning to use tobacco, or continuing to use tobacco.  The State
Department of Education shall consult with local lead agencies, the
Tobacco Education and Research Oversight Committee, and
representatives from nonprofit groups dedicated to the reduction of
tobacco-associated disease in making grant award determinations.
Grant award amounts shall be determined by available funds.  The
State Department of Education shall give priority to programs,
including, but not limited to, the following:
   (A) Target current smokers and students most at risk for beginning
to use tobacco.
   (B) Offer or refer students to cessation classes for current
smokers.
   (C) Utilize existing anti-smoking resources, including local
anti-smoking efforts by local lead agencies and competitive grant
recipients.
   (n) (1) Allocate funds for administration to county offices of
education for implementation of Tobacco Use Prevention Programs.  The
funds shall be allocated according to the following schedule based
on average daily attendance in the prior year credited to all
elementary, high, and unified school districts, and to all county
superintendents of schools within the county as certified by the
Superintendent of Public Instruction:
   (A) For counties with over 400,000 average daily attendance,
thirty cents ($0.30) per average daily attendance.
   (B) For counties with more than 100,000 and less then 400,000
average daily attendance, sixty-five cents ($0.65) per average daily
attendance.
   (C) For counties with more than 50,000 and less than 100,000
average daily attendance, ninety cents ($0.90) per average daily
attendance.
   (D) For counties with more than 25,000 and less than 50,000
average daily attendance, one dollar ($1) per average daily
attendance.
   (E) For counties with less than 25,000 average daily attendance,
twenty-five thousand dollars ($25,000).
   (2) In the event that funds appropriated for this purpose are
insufficient, the Superintendent of Public Instruction shall prorate
available funds among participating county offices of education.
   (o) Allocate funds appropriated by the act adding this subdivision
for local assistance to school districts and county offices of
education based on average daily attendance reported in the second
principal apportionment in the prior fiscal year.  Those school
districts and county offices of education that receive one hundred
thousand dollars ($100,000) or more of local assistance pursuant to
this part shall target 30 percent of those funds for allocation to
schools that enroll a disproportionate share of students at risk for
tobacco use.
   (p) (1) Provide that all school districts and county offices of
education that receive funding under subdivision (o) make reasonable
progress toward providing a tobacco-free environment in school
facilities for students and employees.
   (2) All school districts and county offices of education that
receive funding pursuant to paragraph (1) shall adopt and enforce a
tobacco-free campus policy no later than July 1, 1995.  The policy
shall prohibit the use of tobacco products, any time, in
district-owned or leased buildings, on district property and in
district vehicles.  Information about the policy and enforcement
procedures shall be communicated clearly to school personnel,
parents, students, and the larger community.  Signs stating "Tobacco
use is prohibited" shall be prominently displayed at all entrances to
school property.  Information about smoking cessation support
programs shall be made available and encouraged for students and
staff.  Any school district or county office of education that does
not have a tobacco-free district policy implemented by July 1, 1995,
shall not be eligible to apply for funds from the Cigarette and
Tobacco Products Surtax Fund in the 1995-96 fiscal year and until the
tobacco-free policy is implemented.  Funds that are withheld from
school districts that fail to comply with the tobacco-free policy
shall be available for allocation to school districts implementing a
tobacco-use prevention education program, pursuant to subdivision
(m).
   104425.  (a) The State Department of Education shall award and
administer grants for projects directed at the prevention of tobacco
use among school-age children.  The purpose of the grant program is
to conduct health education and tobacco information activities
targeted to school-age children in order to reduce the number of
persons beginning to use, or continuing to use, tobacco.  The grants
shall provide funds to eligible grantees, as determined by the State
Department of Education.  The State Department of Education shall
select a variety of grantees and innovative and promising projects.
   (b) The State Department of Education shall develop criteria and
standards for the allocation of grant awards, that consider the need
to balance (1) target populations to be served; (2) project type; (3)
rural, suburban, and urban projects, and consider the local
availability of similar services.  The department shall evaluate all
grant programs by employing statistics that describe the impact of a
grant program.
   (c) The State Department of Education shall give priority to
grantees who do the following:
   (1) Design the project to coordinate with other community services
including local health agencies, voluntary health organizations, and
parent organizations.
   (2) Design the project to utilize and develop existing services
and resources.
   (3) Demonstrate an understanding of the role that society, the
environment, and community norms have in influencing tobacco usage.
   (4) Indicate promising innovative approaches to diminishing
tobacco use among school-age children and permit those approaches to
be replicated by others.
   104430.  (a) The State Department of Education shall make
available funds appropriated to it from the Health Education Account
in the Cigarette and Tobacco Products Surtax Fund for the
implementation of Section 104425 according to the following schedule:

   (1) (A) Not less than two-thirds of that amount shall be awarded
to local educational agencies.  Funds allocated pursuant to
paragraphs (2) and (3) shall not be considered funds for distribution
to local educational agencies.
   (B) Not less than two hundred thousand dollars ($200,000) of the
amount subject to subparagraph (A) shall be made available for
proportionate awards to applicant education centers pursuant to
Article 6 (commencing with Section 33380) of Chapter 3 of Part 20 of
the Education Code, for tobacco use prevention projects.
   (2) Not less than two hundred thousand dollars ($200,000) of the
amount awarded pursuant to Section 104425 shall be used for the
support of statewide program evaluation.
   (3) Not more than nine hundred thousand dollars ($900,000) of the
amount awarded pursuant to Section 104425 shall be awarded as grants
for technical assistance, implementation strategies, and regional
coordinating activities related to tobacco use prevention pursuant to
subdivision (c) of Section 104425.
   (b) Any amount that exceeds the amounts specified in subdivision
(a) shall be allocated for competitive grants pursuant to subdivision
(c) of Section 104425.
   (c) On and after January 1, 1992, funding to which this section
applies shall be made available only upon a determination by the
Legislative Analyst and the Tobacco Education Oversight Committee, in
the evaluation required by Section 104460, indicating that the
tobacco use prevention program meets the purpose of this article.
   104435.  County offices of education shall do all of the
following:
   (a) Provide technical assistance and training to school districts
and consortia of school districts regarding planning and preparation
of antitobacco programs plans pursuant to State Department of
Education guidelines.
   (b) Receive and approve plans submitted by school districts and
provide technical assistance and guidance as necessary to ensure the
compliance of school districts with this article.  Every effort shall
be made to approve or provide a list of necessary amendments to a
school district plan within 30 days of receipt.  The county office of
education may authorize a school district to begin implementation of
its plan on a provisional basis, with final approval of the local
plan contingent on satisfying specified conditions.
   (c) Certify to the State Department of Education that a school
district has met the conditions specified in the department's
guidelines and that funds reserved for the school district's
antitobacco programs may be released.
   (d) Provide for appropriate coordination between school districts
programs and local antitobacco use programs funded by the local lead
agency.
   104440.  Local lead agencies shall be ineligible for awards under
the competitive grants program, unless the local lead agency is
participant within a consortium of community-based organizations or
nonprofit organizations.
   104445.  In awarding grants under the competitive grants program,
the department shall give preference to all of the following:
   (a) Nonprofit or community-based organizations.
   (b) Current contractors that meet both of the following
requirements:
   (1) Have demonstrated effectiveness and capacity in providing
tobacco education services.
   (2) Serve populations and areas with substantial unmet service
needs.
   (c) Proposals that provide new or expanded services to geographic
areas or target populations underserved, as determined by the
department.
   104450.  (a) The State Department of Education shall develop a
common reporting format for districts receiving
tobacco-use-prevention funds under this article.
   (b) The format required by subdivision (a) shall be designed to
provide annual data on all of the following:
   (1) Tobacco-use-prevention education program expenditures.
   (2) Tobacco-use-prevention education program instructional and
other services to targeted and general student populations.
   (3) Tobacco-use-prevention education program staff development and
parent training.
   (4) Other information determined to be appropriate by the
department.
   (c) The information provided by the format required by subdivision
(a) shall be in a quantitative format that describes the number of
individuals who are served and the number of individuals receiving
each type of service.
   (d) In addition to the requirements of subdivision (c), the
information to be provided by the format required by subdivision (a)
shall include, at a minimum, all of the following:
   (1) (A) The number of students receiving tobacco-use-prevention
instruction and the type of curriculum used.
   (B) The format required by subdivision (a) shall show, by
category, those students listed for the purpose of subparagraph (A),
in each target group listed in Section 104360.
   (2) Other programmatic activities directly targeted to students,
and the number of students participating in each.
   (3) The types of staff development or other tobacco-use-prevention
training and, by staff classification, the number of staff members
receiving the training.
   (4) The number of parents receiving training and the types of
training provided.
   (5) The types of programs geared toward community involvement and
the number of people served by each type.
   (6) The types of services provided to target populations that are
in addition to services provided to other students.
   (7) The number and size of schools that are tobacco-free.
   (8) The ways in which money appropriated for the purpose of this
article has been spent, including the following categories:
salaries, including, but limited to, personnel, and substitute
teacher costs; benefits; travel; consultant services; operating
expenses, including, but not limited to, curriculum and instructional
materials, supplies, other; capital outlay; and indirect costs.
   (e) (1) Each county office of education shall provide to the State
Department of Education an annual report on district expenditures
and services within its respective county pursuant to the common
reporting format developed by the State Department of Education.
   (2) The county shall provide an annual report of the information
required in paragraph (8) of subdivision (d).
   (f) (1) For the 1991-92 fiscal year and fiscal years thereafter,
the State Department of Education shall report to the Legislature on
local district expenditures and services statewide.
   (2) The department shall make the report required by paragraph (1)
on or before January 1 of each year.
   104455.  (a) The State Department of Education shall monitor and
ensure implementation of district and county offices of education
tobacco-free policies and tobacco-use prevention education programs
in districts receiving funding from the Cigarette and Tobacco
Products Surtax Fund through procedures in the Coordinated Compliance
Review Manual provided to school districts by the Superintendent of
Public Education.
   (b) The department shall develop and adopt yearly quantifiable
targets for the reduction of tobacco use in those programs funded on
a competitive grant basis for secondary school implementation.
   104460.  (a) Each school district receiving funds from the
Cigarette and Tobacco Products Surtax Fund shall make all of the
following services available to every pregnant minor and minor parent
enrolled in the school district:
   (1) Referral to perinatal and related support services.
   (2) Outreach services and assessment of smoking status.
   (3) Individualized counseling and advocacy services.
   (4) Motivational messages.
   (5) Cessation services, if appropriate.
   (6) Incentives to maintain a healthy lifestyle.
   (7) Followup assessment.
   (8) Maintenance and relapse prevention services.
   (b) Where appropriate, those services listed in subdivision (a)
shall be integrated with existing programs for pregnant minors and
minor parents.
   (c) Each district plan submitted in application for funds under
this article shall include a description of the availability of the
services required by this section.
   104465. (a) The department shall annually set aside three million
dollars ($3,000,000) appropriated for the purposes of the competitive
grants program established pursuant to this article in order to
support efforts to link the statewide media campaign to local
communities and to provide regional public and community relations or
media initiatives.
   (b) Local community initiatives may include, but are not limited
to, all of the following:
   (1) Encouraging volunteer efforts.
   (2) Local media programming.
   (3) Provision of assistance in, and facilitation of, public and
community events.
   (c) The efforts described in subdivision (b) shall be directed
principally to the target communities described in Section 24161.5.
   (d) Regular application procedures for competitive grants under
this article shall apply to applications for grants under this
section.
   (e) Funds awarded pursuant to this section shall be awarded in the
same manner as other competitive grants under this article.
   104470.  The State Department of Education shall make periodic
reports to the committee regarding the status and funding of tobacco
education programs funded under this article as required by the
committee.  The reports shall include an overview of program and
grant expenditures funded under this article.
   104475.  There is hereby created under the authority of the
Controller the Tobacco Education Fund.
   104480.  All guidelines, criteria, standards, and requirements
specified in this article are exempt from the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and shall be implemented without being
adopted as regulations.
   104485.  This article shall remain operative only until July 1,
1996, and shall remain in effect only until January 1, 1997, and as
of that date is repealed, unless a later enacted statute, which is
effective on or before January 1, 1997, deletes or extends that date.


      Article 2.  Cigarette and Tobacco Products Surtax Medical
Research Program

   104500.  (a) (1) The Legislature finds that the efforts to reduce
smoking in California have led to a drop in the consumption of
tobacco.  Although not on target to meet the goal of achieving a
75-percent reduction in tobacco consumption in California by the year
1999, the results are encouraging.
   (2) The Legislature further finds that as a result of the success
of the programs, the money received from the taxation of tobacco has
been dropping.  The Legislature declares this a sign of success, not
a matter of concern.
   (3) The Legislature further notes that programs, organizations,
and individuals receiving money from the Cigarette and Tobacco
Products Surtax Fund are receiving money from a declining revenue
source.  The Legislature finds that this success has led to an
obvious concern and fear among recipients that "their money" is
shrinking every year.
   (4) The Legislature finds that, assuming the success of the
antismoking efforts continue, there will be necessary reductions in
spending in the years to come.
   (5) The Legislature declares its intention to seek full analysis
of all programs receiving money under Proposition 99 and declares its
intention to critically evaluate how the money is being spent and
whether the spending is achieving the results desired.
   (6) The Legislature specifically rejects the notion that every
dollar of expenditure made by every program, organization, or
activity is of equal value.  Instead, the Legislature declares its
intention to choose between competing programs and to allocate moneys
to those programs and activities that are most successful in meeting
the goals of the initiative.
   (b) It is the intent of the Legislature to provide for the
continuation of the Cigarette and Tobacco Products Surtax Research
Program to support research into tobacco-related disease.  It is the
intent of the Legislature that this program be administered by the
University of California and that this program be administered
pursuant to the following principles:
   (1) The research program established should adhere to the
objectives stated in the provisions of the initiative act entitled
Cigarette and Tobacco Products Surtax regarding research:  "The
Research Account . . . shall only be available for tobacco-related
disease research."
   (2) All research funds shall be awarded on the basis of scientific
merit as determined by an open, competitive peer review process that
assures objectivity, consistency, and high quality.  All qualified
investigators, regardless of institutional affiliation, shall have
equal access and opportunity to compete for the funds in the Research
Account.
   (3) The peer review process for the selection of grants awarded
under this program shall be modeled on that used by the National
Institutes of Health in its grant-making process.
   (4) Awardees shall be reimbursed for the full cost, both direct
and indirect, of conducting the sponsored research consistent with
federal guidelines governing all federal research grants and
contracts.
   104505.  The Legislature hereby requests the University of
California to continue to administer a comprehensive grant program to
support research efforts related to the prevention, causes, and
treatment of tobacco-related diseases.  It is the intent of the
Legislature that the program incorporate the principles and
organizational elements specified in this article, including, but not
limited to, a program office with a director and other necessary
staff, a scientific advisory committee, and research review panels.

   104510.  For the purposes of this article:
   (a) "Grantee" means any qualifying public, private, or nonprofit
agency or individual including, but not limited to, colleges,
universities, hospitals, laboratories, research institutions, local
health departments, voluntary health agencies, health maintenance
organizations, and individuals conducting research in California.
   (b) "Indirect costs" includes such items as use allowance for
research facilities, heating, lighting, library services, health and
safety services, project administration, and building maintenance, as
defined by federal cost accounting guidelines for federally
sponsored research.
   (c) "Tobacco-related disease" includes, but is not limited to, the
following:
   (1) Coronary heart disease.
   (2) Cerebrovascular disease.
   (3) Cancer, including cancers of the lung, larynx, esophagus,
bladder, pancreas, and mouth.  It is the intent of the Legislature
that the university further research the epidemiological link between
smoking and breast cancer and prostate cancer.
   (4) Chronic obstructive lung disease, including emphysema, chronic
bronchitis, asthma, and related lung disorders.
   (5) Other conditions or diseases that smoking or tobacco use has
been established to be a risk factor for excess disability and
illness.
   (d) "Tobacco-related disease research" includes, but is not
limited to, research in the fields of biomedical science, the social
and behavioral sciences, public policy, epidemiology, and public
health.
   (e) "Public policy research" means research that investigates and
evaluates various programs and strategies used by governmental,
private, and nonprofit organizations to control tobacco use.
   (f) "University" means the University of California.
   104515.  It is the intent of the Legislature that the university
establish a scientific advisory committee to provide advice to the
president of the university as to the direction, scope, and progress
of the research program.
   (a) Responsibilities of the committee may include, but are not
limited to:
   (1) Provision of advice on program priorities and emphasis.
   (2) Provision of advice on overall program budget.
   (3) Participation in periodic program evaluation.
   (4) Assistance in developing guidelines to assure fairness,
neutrality, and adherence to the principles of merit and quality in
the conduct of the program.
   (5) Assistance in developing appropriate linkages to nonacademic
entities, including, but not limited to, voluntary organizations,
health care delivery institutions, industry, government agencies, and
public officials.
   (b) Responsibilities of the committee may additionally include:
   (1) Development of criteria and standards for grant awards.
   (2) Development of administrative procedures relative to the
solicitation, review, and award of grants to ensure an impartial,
high quality peer review system.
   (3) Development and supervision of research review panels.
   (4) Review of research review panel reports and recommendations
for grant awards.
   (5) Development and oversight of mechanisms for the dissemination
of research results.
   (c) It is the intent of the Legislature that the committee consist
of at least nine members representing a range of scientific
expertise and experience appointed by the president of the university
from nominations submitted by relevant organizations, as follows:
   (1) Three members from voluntary health organizations dedicated to
the reduction of tobacco use.
   (2) One member with expertise in the field of biomedical research.

   (3) One member with expertise in the field of behavioral or social
research.
   (4) One member from professional medical or health organizations.

   (5) One member from an independent research university in
California.
   (6) One member drawn from other institutions engaged in research
directed at tobacco-related diseases.
   (7) One member representing tobacco control for the department.
   (8) One member representing a community-based provider of health
education and prevention services.
   (d) Committee membership shall be drawn from the ranks of bona
fide scientists and individuals fully conversant with the norms of
scientific inquiry.
   (e) Members shall serve at the pleasure of the President of the
University of California.  Membership may be staggered in such a way
as to maintain a full committee while ensuring a reasonable degree of
continuity of expertise and consistency of direction.
   (f) Members shall serve without compensation, but may receive
reimbursement for travel and other necessary expenses actually
incurred in the performance of their official duties.
   (g) The Legislature hereby declares that public policy research is
an area of compelling interest because of its potential to determine
the best methods for reducing tobacco use on a wide scale among
Californians.  The scientific advisory committee shall give a high
priority to proposals for grant awards to fund public policy
research.
   104520.  It is the intent of the Legislature that the university
utilize peer review panels modeled upon the National Institutes of
Health peer review process to review all research grants.  The
membership of these panels shall vary depending on the subject matter
of proposals and review requirements, and shall draw on the most
qualified individuals from appropriate institutions within and
outside the State of California and from within and without the
University of California system.  The work of the peer review panels
shall be administered pursuant to policies and procedures established
by the scientific advisory committee.  In order to avoid conflicts
of interest and to ensure access to qualified reviewers, the
university may utilize reviewers not only from California but also
from outside the state.  When serving on peer review panels,
individuals who have submitted grant applications for funding by this
program shall be governed by conflict-of-interest provisions
consistent with the National Institutes of Health Manual, Chapter
4510 (item h).
   104525.  Research projects funded under this article may include,
but are not limited to:
   (a) Individual investigator-generated grants.  These grants may be
awarded to an institution on behalf of a principal investigator for
a discrete project related to the investigator's interests and
competence.
   (b) New investigator grants.  These grants may be awarded to an
institution to support the work of promising individuals in the
initial stages of their research careers.
   (c) Center grants.  These grants may be awarded to institutions on
behalf of a principal investigator and a group of collaborating
investigators providing support for long-term multidisciplinary
programs of research and development.
   (d) Conference grants.  These grants may be awarded for funding of
conferences in California to coordinate, exchange, and disseminate
information related to specific research efforts.  These grants may
fund honoraria and travel expenses for invited participants from
outside California.
   104530.  It is the intent of the Legislature that the university,
as lead agency, do all of the following:
   (a) Provide overall direction and coordination of the program.
   (b) Provide staff assistance to the advisory committee and review
panels.
   (c) Provide for periodic program evaluation, to assure that work
funded is consistent with program goals.
   (d) Maintain a system of financial reporting and accountability.
   (e) Transmit programmatic as well as financial reports to the
state, including an annual report on grants made, grants in progress,
program accomplishments, and future program directions.
   (f) Provide for the systematic dissemination of research results
to the public and the health care community, and to provide for a
mechanism to disseminate the most current research findings in the
areas of smoking cessation and the prevention of tobacco use in order
that these findings may be applied to the implementation of the
Health Education Account.
   (g) Develop policies and procedures to facilitate the translation
of research results into commercial applications wherever
appropriate.
   (h) Undertake an outreach program to inform interested parties of
the availability of grants for public policy research in the area of
tobacco control.
   104535.  It is the intent of the Legislature that projects funded
under this article be reimbursed for actual costs, including direct
costs and indirect costs incurred by a research institution
consistent with federal guidelines.  Indirect cost rates shall not
exceed those allowable by the federal government for federally
sponsored research.  With respect to those institutions that have not
negotiated a federal indirect cost reimbursement rate, the
university will request information to verify the indirect cost
rates.
   104540.  It is the intent of the Legislature that no more than 5
percent of the Research Account be used for the purposes of the
administration of this article.
   104545.  No provision of this article shall apply to the
University of California unless the regents of the university, by
resolution, make that provision so applicable.
   104550.  This article shall become inoperative on July 1, 1996,
and, as of January 1, 1997, is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 1997,
deletes or extends the dates on which it becomes inoperative and is
repealed.

      CHAPTER 2.  NUTRITION
      Article 1.  California Nutrition Monitoring Development Act

   104575.  This article shall be known and may be cited as the
"California Nutrition Monitoring Development Act of 1986."
   104580.  The Legislature declares that the purposes of this
article are to determine the availability and types of nutrition
monitoring information that is currently available in specified
federal, state and local government programs and in selected private
sector programs; to determine what additional information is needed
to help legislators, state and local agencies and nongovernment
users, to operate cost-effective services and to target funds where
most needed; and to assess the feasibility of establishing a
prototype state-local data system that will provide regular reports
on the:  nutritional status and nutrition related health problems of
California's population, dietary intake and food consumption
patterns, nutrition education information, including knowledge and
attitude regarding nutrition, quality and healthfulness of the food
supply, nutrition programs and service availability, including
population served, service statistics, frequency and periodicals of
data collection and types of reports, related socioeconomic factors,
and on the state's ability to provide for food and nutrition services
where needed.
   104585.  (a) The department shall assess the availability and
adequacy of existing state and local food and nutrition data systems.
  All state departments and agencies that are required to provide
data pursuant to this article are encouraged to participate to the
fullest extent possible in all aspects of this program and to make
their data available to counties upon request.
   (b) The state departments from which existing data shall be
provided for project purposes shall include the State Departments of
Health Services, Aging, Education, and Social Services.  Upon request
of the department, these departments shall provide existing
nutrition-related data collection forms, documentation, and reports,
including, but not limited to, the following programs:
   (1) In the Department of Aging:  Congregate Nutrition Services,
Home Delivered Nutrition Services, and the Brown Bag Network.
   (2) In the State Department of Education:  National School Lunch
Program, the National School Breakfast Program, the Child Care Food
Program, the Special Milk Program, the Nutrition Education and
Training Program, and the various commodities programs.
   (3) In the department:  Special Supplemental Food Program for
Women, Infants and Children (WIC), the Comprehensive Perinatal Care
Program, the Genetics Disease Program, the Child Health and
Disability Prevention Program, California Children's Services, County
Health Services, Primary Health Services Development, Indian Health
Program, Medical Care Services (Medi-Cal), Adult Health, and Vital
Statistics.
   (4) In the State Department of Social Services:  the Food Stamp
Program.
   (c) The department may require any other state agency, department,
board, or commission, with the exception of the University of
California, to provide existing nutrition-related data, as described
in this article.  The department may request the University of
California to provide this data in the case of the University of
California Cooperative Extension Program, the Home Economics Program,
and the Expanded Food and Nutrition Education Program.
Additionally, other programs in local government and the private
sector, such as local public health and social services departments,
food banks, pantries, and meal programs, voluntary health
organizations, and charitable social service agencies shall be
encouraged to provide available nutrition monitoring information.
   104590.  (a) The department shall conduct a survey of state
agencies and of counterpart local and private sector programs which
now collect or use nutrition data or both.  The department shall
determine user needs for and applications of data, the adequacy of
existing data systems, the costs compared to benefits of collecting
this information, and recommendations about future data needs.
   (b) The department shall assess the degree to which data is
available to monitor the California Model Standards for Nutrition
Services (guidelines for local health departments), the 1990
Nutrition Objectives for the Nation (national health priorities), the
nutrition surveillance programs of the United States Centers for
Disease Control (prenatal and pediatric surveillance and behavioral
risk factors survey related to chronic diseases) and other similar
public health objectives.
   (c) The department shall outline a process for developing a
prototype state-local nutrition monitoring system.  The prototype
system shall be scientifically sound and, insofar as is practicable,
compatible with those employed by the United States Department of
Agriculture, the United States Department of Health and Human
Services, the National Public Health Reporting System, and
recommendations by other recognized authorities.  The department
shall review existing or proposed systems such as the Statewide
Environmental and Evaluation Program System (SWEEPS) and the
Nutrition Management Information and Surveillance System (Nutri-MISS)
respectively for their applicability to this purpose.
   104595.  The department shall analyze the results of the
California Nutrition Monitoring Development Act of 1986 in a report
to the Governor and the Legislature.  Where feasible and appropriate,
other reports on nutritional status within the department shall be
consolidated into one nutrition monitoring report.  This report shall
include all of the following components:
   (a) The types of data to be collected and reported on shall
include, but are not limited to, the data described in Section 104580
for purposes of carrying out this article.
   (b) Based upon the findings of subdivision (a), the department
shall identify those areas in which existing data is meeting user
needs, areas in which users have identified deficiencies or
inefficiencies, and areas in which data collection efforts are not
occurring.  The department shall recommend specifications for a
suitable data system using microcomputer technology where feasible.
The system shall involve state and local government agencies and the
private sector.
   (c) Using the data collected in subdivisions (a) and (b), the
department shall identify options for providing data of the type and
timeliness needed by local users.
   (d) The department shall submit its report and recommendations to
the Governor and the Legislature no later than January 1, 1988.
   104600.  The department, using applicable state procedures, may
contract for any of the services required by this article, in which
case the contractor or contractors shall have demonstrated expertise
in the fields of nutrition monitoring and epidemiology, nutrition
program operations, and community organization.

      Article 2.  "5 A Day--For Better Health" Program

   104650.  (a) The department shall establish and implement, to the
extent funds are available pursuant to subdivision (d) which are
other than state general funds, a "5 A Day--For Better Health"
program for the purpose of promoting public awareness of the need to
increase the consumption of fruits and vegetables as part of a
low-fat, high-fiber diet in order to improve health and prevent major
chronic diseases, including diet-related cancers.
   (b) The department may promote the "5 A Day--For Better Health"
program to the public through channels, including, but not limited
to, print and electronic media, retail, grocers, schools, and other
government programs.  For purposes of this article, "public"
includes, but is not limited to, the general adult population, adults
with lower educational attainment, schoolage children and youth, and
high-risk groups determined by the department.
   (c) The department may, at its sole discretion, contract with
qualified organizations for general or specialized services to
implement this article, including personnel, marketing, public
relations, research, evaluation, and administration.
   (d) The department is encouraged to investigate all available
funding sources, public and private, for the purposes of this
article, including application for public and private grants.
   104655.  Notwithstanding any other provision of law, nothing shall
operate to prohibit contributions to the program created pursuant to
this article by organizations and commissions subject to Division 22
(commencing with Section 64001) of the Food and Agricultural Code.


      CHAPTER 3.  ORAL HEALTH
      Article 1.  General Provisions (Reserved)
      Article 2.  State Oral Health Program

   104750.  The department shall maintain a dental program including,
but not limited to, the following:
   (a) Development of comprehensive dental health plans within the
framework of the State Plan for Health to maximize utilization of all
resources.
   (b) Provide the consultation necessary to coordinate federal,
state, county, and city agency programs concerned with dental health.

   (c) Encourage, support, and augment the efforts of city and county
health departments in the implementation of a dental health
component in their program plans.
   (d) Provide evaluation of these programs in terms of preventive
services.
   (e) Provide consultation and program information to the health
professions, health professional educational institutions, and
volunteer agencies.
   (f) For purposes of this article "State Plan for Health" means
that comprehensive state plan for health being developed by the
department pursuant to Public Law 89-749 (80 Stat. 1180).
   104755.  The director shall appoint a dentist licensed in the
State of California to administer the dental program.
   104760.  Nothing in this article authorizes the department to
compel dental examinations or services.
   104765.  The department shall have the power to receive for the
dental program any financial aid granted by any private, federal,
state, district, or local or other grant or source, and the division
shall use such funds to carry out the provisions and purposes of this
article.

      Article 3.  Dental Disease Prevention Programs

   104770.  The Legislature finds that 95 percent of all children in
California have dental disease in the form of dental caries and
periodontal disease.  Dental disease in childhood can and does result
in significant lifetime disability, dental pain, missing teeth, time
lost from school and work, and the need for dentures.  Poor
nutrition in childhood is a major contributing factor in lifetime
dental disability.  The cost of treating the results of dental
disease is close to two billion dollars ($2,000,000,000) per year in
California, of which approximately one hundred million dollars
($100,000,000) is paid by the State of California for Denti-Cal
treatment costs alone.
   The Legislature also finds that dental disease in children and the
resultant abnormalities in adults can be prevented by education and
treatment programs for children.  It is the intent of the Legislature
in enacting this article to establish for children in preschool
through sixth grade, and in classes for individuals with exceptional
needs, preventive dental programs which shall be financed and have
standards established at the state level and which shall be operated
at the local level.
   104775.  A community dental disease prevention program may be
offered to school children in preschool through sixth grade, and in
classes for individuals with exceptional needs, by a local sponsor.
A local sponsor may be a city or county health department, county
office of education, superintendent of schools office, school
district or other public or private nonprofit agency approved by the
department.  The program shall include, but not be limited to, the
following:
   (a) Educational programs, focused on development of personal
practices by pupils, that promote dental health.  Emphasis shall
include, but not be limited to, causes and prevention of dental
diseases, nutrition and dental health, and the need for regular
dental examination with appropriate repair of existing defects.
   (b) Preventive services including, but not limited to, ongoing
plaque control and supervised application of topical prophylactic
agents for caries prevention, in accordance with this article or
other preventive agents approved by the department.  Services shall
not include dental restoration, orthodontics, or extraction of teeth.
  Any acts performed, or services provided, under this article
constituting the practice of dentistry shall be performed or provided
by, or be subject to the supervision of, a licensed dentist in
accordance with Chapter 4 (commencing with Section 1600) of Division
2 of the Business and Professions Code.
   104780.  An advisory board, including representatives from
education, dental professions, and parent groups shall be designated
by the local sponsor to advise on dental health programs funded under
this article.  The use of existing advisory bodies is encouraged.
The board shall hold public meetings at least twice a year after
appropriate notification in order that interested parties may provide
input regarding the dental health needs of the community.
   104785.  The minimal standards of the community dental disease
prevention program shall be determined by the department in
accordance with the purposes of this article, and may be revised
periodically as deemed necessary by the department to further the
purposes of this article.
   104790.  The local health officer of each local health department
interested in participating in the community dental disease
prevention program, or his or her designee, in cooperation with the
appropriate education personnel and the local advisory board, shall
submit a proposal for the program to the department annually.  The
proposal shall include the methods by which the program will be
implemented in each jurisdiction and program results reported.
However, this function shall be the responsibility of the department
for all counties that contract with the state for health services
under Section 101300.  These contract counties, at the option of the
board of supervisors, may provide services pursuant to this article
in the same manner as other county programs, provided the option is
exercised six months prior to the beginning of each fiscal year.
   If the local health officer elects not to submit a program
proposal, the department may solicit program proposals from other
public or private nonprofit agencies and contract directly with the
agencies.  These proposals shall meet the same requirements as
specified for local health officers in this section.
   104795.  The department shall review the program proposals and
approve programs that meet criteria established pursuant to Section
104785.  The department shall, through contractual arrangements,
reimburse local sponsors with approved programs at an amount of four
dollars and fifty cents ($4.50) in fiscal year 1986-87, and each
fiscal year thereafter, per participating child per year for
administration and services, pursuant to Section 104775.
   104800.  The local health officer or other sponsor may utilize or
contract with, or both utilize and contract with, other local public
and private nonprofit agencies, as well as school districts and
county superintendents of schools, in conducting the program.  The
Legislature recognizes that these agencies, districts, and schools
are currently engaged in a limited number of dental disease
prevention projects and it is the intent of the Legislature that this
participation be continued.
   104805.  The State Department of Education shall assist the
department in developing and evaluating educational programs in
dental health and dental disease prevention.  These programs may
include, but are not limited to, teacher and program coordinator
in-service workshops, development and review of appropriate
educational materials, and evaluation of classroom dental health
education presentations.
   104810.  It shall be the responsibility of the governing board of
each school district participating in the program and the governing
authority of each private school participating in the program to
cooperate with the local sponsor administering the community dental
disease prevention program in carrying out the program in any school
under their jurisdiction.  Each participating school shall maintain
participation records for each child and the necessary educational
materials and supplies for plaque control and other
                           required dental disease prevention methods
provided by the program.  Nothing in this article shall require
participation by a public or private school in a program established
pursuant to this article.
   104815.  No child shall receive a preventive agent as part of a
program established pursuant to this article unless the child's
parent or guardian has given written notice to the governing body of
the public or private school that the child may receive a preventive
agent.
   104820.  It is the intent of the Legislature that the program
established by this article shall, in fiscal years subsequent to the
fiscal year in which this section is enacted, be funded according to
customary budget procedures.
   104825.  It is the intent of the Legislature that the program
established by this article shall be placed in effect in the areas of
greatest identified need as determined by the department, in
cooperation with the State Department of Education.

      Article 4.  Topical Dental Decay Inhibitors

   104830.  Pupils of public and private elementary and secondary
schools, except pupils of community colleges, shall be provided the
opportunity to receive within the school year the topical application
of fluoride or other decay-inhibiting agent to the teeth in the
manner approved by the department.  The program of topical
application shall be under the general direction of a dentist
licensed in the state and may include self-application.
   104835.  Treatment as specified in this article shall be evidenced
by a written record made on a form prescribed by the department.  A
copy of the record shall be given to the parent or guardian of the
child, or if the person receiving the treatment is an adult, the copy
shall be given to him or her.
   104840.  The county health officer of each county shall organize
and operate a program so that treatment is made available to all
persons specified in Section 104830.  He shall also determine how the
cost of such a program is to be recovered.  To the extent that the
cost to the county is in excess of that sum recovered from persons
treated, the cost shall be paid by the county in the same manner as
other expenses of the county are paid.
   104845.  The governing board of each school district and the
governing authority of each private school shall cooperate with the
county health officer in carrying out the program in any school under
its jurisdiction.  The governing board of any school district may
use any funds, property, and personnel of the district for that
purpose.
   104850.  Treatment shall be provided for a person only if the
parent or guardian or responsible relative or adult who has assumed
responsibility for his or her care and custody (in the case of a
minor), or the person (if an adult), files with the governing board
of the school district or the governing authority of the private
school, as the case may be, a letter provided by the district or
authority pursuant to Section 104855, stating that such treatment is
desired.
   104855.  The governing board of each school district and the
governing authority of each private school shall distribute to each
pupil's parent or guardian or responsible relative or adult who has
assumed responsibility for his or her care and custody (in the case
of a minor), or the pupil (if an adult), a letter which may be
returned to such district or authority in which the person to receive
the letter may indicate that the treatment is desired and the pupil
is to receive the treatment or that the pupil is not to receive the
treatment for one of the following reasons: (i) the pupil has
received the treatment from a dentist, or (ii) the treatment is not
desired.
   104860.  The department shall adopt and enforce all regulations
necessary to carry out this article.
   104865.  In enacting this article, it is the intent of the
Legislature to provide a means for the eventual achievement of the
topical application of fluoride or other decay-inhibiting agent to
the teeth of all school pupils in this state.  However, it is
understood that this treatment is not a substitute for regular
professional dental care.  This article is designed to provide for
the keeping of adequate records of treatment so that appropriate
public agencies and the persons treated will be able to ascertain
that a person has been so treated.

      CHAPTER 4.  DIETHYLSTILBESTEROL (DES)

   104875.  For purposes of identifying persons who have been exposed
to the potential hazards of diethylstilbestrol while pregnant or
prenatally and of educating the public concerning the findings and
early detection of associated malignancies and other abnormalities,
the department shall establish, promote, and maintain a public and
professional information campaign on diethylstilbestrol.  The
campaign shall be conducted throughout the state and shall include,
but not be limited to, a concerted effort at reaching those persons
or the offspring of persons who have been exposed to
diethylstilbestrol while pregnant or prenatally in order to encourage
them to seek medical care for screening, early detection, or
treatment and follow-up of any diethylstilbestrol-related condition.

   104880.  The department shall identify at least one program for
screening and follow-up care for each health service area for
purposes of referral of persons exposed to diethylstilbestrol while
pregnant or prenatally.  The department shall consider the provider's
compliance with state- and federally-mandated standards, the
location in relation to the geographical distribution of persons
exposed to diethylstilbestrol, and the capacity of the provider to
properly screen for breast cancer, vaginal cancer, cervical cancer,
vaginal adenosis, and any other malignancy and abnormal conditions
resulting from exposure to diethylstilbestrol.  The department shall
designate existing facilities presently serving the
diethylstilbestrol-exposed population as screening programs pursuant
to this section.  However, if existing facilities are not available,
training for screening and follow-up may be offered to the personnel
in existing facilities and clinics.
   104885.  The department may request and shall receive from any
department, division, board, bureau, commission, or agency of the
state or of any political subdivision thereof such assistance and
data as will enable it to properly carry out its activities and
effectuate the purposes set forth in this chapter.  The department
may also enter into any contract for services as it deems necessary
with  a private agency or concern upon such terms and conditions as
it deems appropriate.
   104890.  The department shall present to the Legislature, on or
before December 1, 1982, information on the diethylstilbestrol
program.
   104895.  It is the intention of the Legislature in enacting this
chapter that funding for this program in subsequent fiscal years be
through the normal budgetary process.

      PART 4.  OLDER ADULTS
      CHAPTER 1.  AGING

   104900.  (a) The department shall provide appropriate flu vaccine
to local governmental or private, nonprofit agencies at no charge in
order that the agencies may provide the vaccine, at a minimal cost,
at accessible locations in the order of priority first, for all
persons 60 years of age or older in this state and then to any other
high-risk groups identified by the United States Public Health
Service.  The department and the State Department of Aging shall
prepare, publish, and disseminate information regarding the
availability of the vaccine and the effectiveness of the vaccine in
protecting the health of older persons.
   (b) The department may provide appropriate pneumonia vaccine to
local governmental or private, nonprofit agencies at no charge in
order that the agencies may provide the vaccine, at a minimal cost,
at accessible locations for groups identified as high risk by the
United States Public Health Service.
   (c) The program shall be designed to utilize voluntary assistance
from public or private sectors in administering the vaccines.
However, local governmental or private, nonprofit agencies may charge
and retain a fee not exceeding two dollars ($2) per person to offset
administrative operating costs.
   (d) Except when the department determines that it is not feasible
to utilize federal funds due to excessive administrative costs, the
department shall seek and utilize available federal funds to the
maximum extent possible for the cost of the vaccine, the cost of
administering the vaccine and the minimal fee charged under this
section, including reimbursement under the Medi-Cal program for
persons eligible therefor to the extent permitted by federal law.
   (e) Administration of the vaccine shall be performed either by a
physician, a registered nurse, or a licensed vocational nurse acting
within the scope of their professional practice acts.  The physician
under whose direction the registered nurse or a licensed vocational
nurse is acting shall require the nurse to satisfactorily demonstrate
familiarity with (1) contraindication for the administration of such
immunizing agents, (2) treatment of possible anaphylactic reactions,
and (3) the administration of treatment, and reactions to such
immunizing agents.
   (f) No private, nonprofit volunteer agency  whose involvement with
an immunization program governed by this section is limited to the
provision of a clinic site or promotional and logistical support
pursuant to subdivision (c), or any employee or member thereof, shall
be liable for any injury caused by an act or omission in the
administration of the vaccine or other immunizing agent to a person
60 years of age or older or to members of high-risk groups identified
by the United States Public Health Service, if the immunization is
performed pursuant to this section in conformity with applicable
federal, state, or local governmental standards and the act or
omission does not constitute willful misconduct or gross negligence.
As used in this subdivision, "injury" includes the residual effects
of the vaccine or other immunizing agent.  It is the intent of the
Legislature in adding this subdivision to affect only the liability
of private, nonprofit volunteer agencies and their members that are
not health facilities as defined in Section 1250.
   (g) Nothing in this section shall be construed to require physical
presence of a directing or supervising physician, or the examination
by a physician of persons to be tested or immunized.
   104905.  The department shall provide staff and budgetary support
for planning, evaluation, education, research design, funding, and
medical leadership for health promotion and preventive health
services for older adults.
   For purposes of this section, "older adults" means persons 55
years of age or older.
   104910.  The California Commission on Aging shall allocate 5
percent of community grant funds pursuant to Title III of the Older
Americans Act of 1965, as amended, (P.L. 89-73; 79 Stat. 218) or
forty thousand dollars ($40,000), whichever is the lesser amount, to
experiment with the use of available mobile medical services units to
provide outpatient medical care for the aging.
   104915.  The department shall maintain a program to promote
availability of medical and health care for the aging.  The
department may contract with public or private organizations for
conducting pilot projects designed to determine the most effective
and most efficient methods of providing medical and health care
services for the aging.
   For purposes of this chapter, the term "aging" means persons who
are eligible for old age benefits under the Social Security Act.
Such program may include, but is not limited to:
   (a) Technical and financial assistance to local agencies for pilot
projects developing or testing new or innovative systems for
assuring the availability of medical and health care for the aging.
Pilot projects may include, but are not limited to:
   (1) Mobile health clinics.
   (2) Mobile health teams.
   (3) Patient transportation systems.
   (4) Patient surveillance and referral systems.
   (b) Studies of the health and medical care of the aging of the
state.
   (c) Coordination with similar programs of the federal government,
other states, and public or private organizations.
   (d) Development of recommendations for improved systems of medical
and health care.
   (e) Collection and summarization of statistics describing needs
for and effectiveness of various methods of providing health and
medical care.
   104920.  It is the intent of the Legislature that the California
Commission on Aging be the coordinating agency of all programs for
the aging in this state, except those programs designated elsewhere
by the Governor or Legislature.  It is further the intent of the
Legislature that the commission cooperate with the department to
evaluate and further coordinate programs for outpatient medical
services for the aging.

      CHAPTER 2.  PREVENTIVE HEALTH CARE FOR  THE AGING (Reserved)
      CHAPTER 3.  GERIATRICS PROGRAMS

   105100.  (a) The Legislature finds that approximately 12.9 percent
of all Californians will be over 65 years of age by the year 2000.
As the number of elderly and the amount spent for their health care
have increased, serious problems have arisen regarding the
availability, quality, and appropriateness of the health services
received by the elderly.
   The Legislature also finds that there is a need to increase
knowledge with respect to the major diseases and disabilities
affecting older adults, and to improve the quality of long-term care
available to chronically ill and functionally impaired persons.
   The Legislature recognizes the vital role that physicians and
registered nurses play in the delivery of health care to the elderly
and chronically ill.  The Legislature also recognizes the
desirability of a multidisciplinary approach to meeting the needs of
those persons.
   (b) The Legislature further recognizes the leadership role taken
by the University of California in addressing the needs of the
elderly.  It is the intent of the Legislature to further encourage
the gerontological pursuits of the University of California.
   105105.  It is the purpose of the Legislature, in enacting this
chapter, to establish  academic geriatric resource programs at the
University of California medical or other health science campuses.  A
multidisciplinary approach shall be utilized in the development of
these programs.  The programs shall include, but not be limited to,
one or more of the following elements:
   (a) Preclinical, clinical, or postgraduate educational programs in
geriatrics for health science students  to instruct and train them
in recognizing and responding to the needs and dynamics of the
geriatric care of elderly patients.
   (b) Provision of continuing education in geriatrics for health
care providers and the general public.
   (c) A teaching nursing home program to research nursing home
health care practices and to instruct and train health science
students about geriatric care.
   105110.  For purposes of this chapter, the following definitions
apply:
   (a) "Academic geriatric resource program" means a program which
includes one of the elements specified in Section 105105.
   (b) "Nursing home" means a licensed skilled nursing or licensed
intermediate care facility, as defined by Section 1250.
   (c) "Teaching nursing home" means a licensed skilled nursing or
licensed intermediate care facility, as defined by Section 1250,
which is owned or operated by, or affiliated with, a University of
California or private university campus with a medical or health
sciences center, for the purpose of providing training, patient care,
research, and community service.
   105115.  The Regents of the University of California shall be the
agency with the responsibility for making grants for the Academic
Geriatric Resource Program.
   105120.  Commencing January 1, 1986, on January 1 of each year,
the Regents of the University of California shall submit a progress
report to the Legislature regarding the grant programs established
pursuant to the provisions of this chapter.  The report shall
include, but not be limited to, all of the following elements:
   (a) A description of the progress made in implementing the
programs.
   (b) The number of academic geriatric resource programs
established.
   (c) The characteristics of the programs.
   (d) The costs of the programs.
   105125.  No provision of this chapter shall be applicable to the
University of California unless the Regents of the University of
California, by resolution, make that provision applicable.
   105130.  The department shall seek any Medicaid waivers necessary
to implement this chapter.
   105135.  (a) It is the intent of the Legislature that the Division
of Licensing of the Medical Board of California strongly urge those
organizations responsible for the development of physician licensing
examinations to include within those examinations increased emphasis
on medical problems of the elderly.
   (b) The Medical Board of California shall report to the
Legislature its initial findings regarding the intent declared in
subdivision (a) by January 1, 1986, and shall submit a subsequent
report on or before January 1, 1987.
   105140.  (a) In addition to the other programs provided under this
chapter, it is the intent of the Legislature to encourage the
Regents of the University of California to monitor existing physician
licensing requirements, and any additional requirements developed in
response to Section 105135.  It is also the intent of the
Legislature that the regents review programs and offerings in the
schools of medicine to ensure that graduates of those schools are
adequately prepared to meet the licensing requirements in geriatric
medicine and any other educational requirements in geriatric medicine
deemed appropriate by the regents.
   (b) It is the intent of the Legislature that the regents request
the medical and other health science schools of the University of
California to consider the need for additional emphasis on geriatrics
in their curricula.  The regents are hereby requested to provide a
status report on this need to the Governor and the Legislature by
January 1, 1987.

      PART 5.  ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY
      CHAPTER 1.  OCCUPATIONAL HEALTH AND DISEASE CONTROL

   105150.  (a) Local health departments, as defined in Section
101185, shall provide services in occupational health to promote the
health of employed persons, including educational, consultative,
statistical, investigative, and other activities appropriate thereto.

   (b) This section shall become operative on July 1, 1994.

      CHAPTER 2.  OCCUPATIONAL HEALTH AND DISEASE PREVENTION
      Article 1.  Occupational Health and Disease Prevention Program

   105175.  (a) The department shall, by no later than January 1,
1987, establish and thereafter maintain a program on occupational
health and occupational disease prevention, including, but not
limited to, the following:
   (1) Investigations into the causes of morbidity and mortality from
work-induced diseases.
   (2) Development of recommendations for improved control of
work-induced diseases.
   (3) Maintenance of a thorough knowledge of the effects of
industrial chemicals and work practices on the health of California
workers.
   (4) Provision of technical assistance in matters of occupational
disease prevention and control to the Department of Industrial
Relations and other governmental and nongovernmental agencies,
organizations, and private individuals.
   (5) Collection and summarization of statistics describing the
causes and prevalence of work-induced diseases in California.
   (b) The functions provided for in subdivision (a) are intended to
implement within the department a continuing research and development
capability and a repository of hazardous substances capability which
will reinforce and strengthen the administration of the California
Occupational Safety and Health Act of 1973, Part 1 (commencing with
Section 6300) of Division 5 of the Labor Code, including the
capability to recommend occupational health standards to the
California Occupational Safety and Health Standards Board.  Whenever
the repository identifies data gaps for any chemical regulated by the
California Occupational Safety and Health Act of 1973, the
department shall notify the Division of Occupational Safety and
Health of the Department of Industrial Relations of its finding.
   (c) The department shall submit a report to the Legislature by
January 1, 1988, reviewing the activities of the program described in
each paragraph of subdivision (a).
   (d) Upon the request of the department, and in furtherance of the
goals of the occupational disease prevention program, employers shall
provide to the department the results of monitoring data, both
exposure and medical, which has been collected pursuant to Cal-OSHA
standards and regulations.
   (e) The state department shall have access without delay to any
place of employment during regular working hours and at other
reasonable times to conduct investigations necessary to carry out the
purposes of this article and Article 2 (commencing with Section
105185), including, but not limited to, research, health hazard
evaluation, and epidemiological surveillance.  In connection with the
investigation, the department may question privately any employer,
owner, operator, agent, or employee and review and copy records
collected pursuant to Cal-OSHA standards and regulations, and other
related records.
   (f) The repository maintained pursuant to this section and Section
147.2 of the Labor Code shall contain the report issued pursuant to
Sections 13124 and 13125 of the Food and Agricultural Code.  Whenever
a request for toxicity information is received concerning a chemical
discussed in that report, the department shall notify the requestor
of the nature and extent of any data gaps identified in the report
with respect to that chemical.  Whenever the repository receives a
request about toxicity information on any other chemical, in addition
to providing available information about the known toxic effects of
exposure to the chemical, the repository shall also notify the
requester of a determination by any state agency or federal agency
that the chronic health effects testing data on the chemical is
inadequate or incomplete.  State agencies that maintain information
on the toxic effects of chemicals shall provide the repository with
access to that information.
   105180.  In any situation where these activities may duplicate or
overlap the activities of another state department or agency such as
the Department of Industrial Relations or Division of Industrial
Safety, the department shall avoid duplication.

      Article 2.  Occupational Lead Poisoning Prevention

   105185.  (a) The department shall establish and maintain an
occupational lead poisoning prevention program, including, but not
limited to, the following:
   (1) Developing a system for monitoring laboratory reports of cases
of adult lead toxicity, to create an occupational lead poisoning
registry.
   (2) Following up reported cases of occupational lead poisoning to
ascertain the source of lead exposure.
   (3) Conducting investigations in cases where take-home exposure
may be occurring, where there is a likelihood of identifying
additional cases, or where a previously unidentified risk factor may
be present.
   (4) Conducting training of employers, employees, and health
professionals regarding prevention of occupational lead poisoning.
   (5) Making recommendations for the prevention of lead poisoning.
   (b) In any situation where the activities specified in subdivision
(a) may duplicate or overlap the activities of any other state
department or agency, including the Department of Industrial
Relations, the department shall coordinate with the other departments
or agency and take actions to avoid program and service duplication.

   (c) The department may adopt regulations to implement this section
and Sections 105190 and 105195.  Any regulations adopted shall be
considered and adopted as emergency regulations in accordance with
Section 11346.1 of the Government Code.
   105190.  (a) A fee shall be paid annually to the State Board of
Equalization by employers in industries identified by the four-digit
Standard Industrial Classification (S.I.C., 1987 Edition) established
by the United States Department of Commerce and for which the State
Board of Equalization has received information from the department of
documented evidence of potential occupational lead poisoning.
   (b) The department shall provide to the State Board of
Equalization on or before the first day of November of each year, all
information for the prior three-year period obtained by the
California Blood Lead Registry, regarding evidence of potential
occupational lead poisoning by the Standard Industrial
Classification.  Based on this information, the State Board of
Equalization shall determine whether an employer is within Category A
of the Standard Industrial Classification or within Category B of
the Standard Industrial Classification and shall implement the fee
schedule set forth in subdivision (c).  For the purpose of this
subdivision and subdivision (c), a Category A Standard Industrial
Classification code is a Standard Industrial Classification code
listed in Section 105195 for which there have been less than 20
persons with elevated blood lead levels reported to the California
Blood Lead Registry in the prior three-year period.  A Category B
Standard Industrial Classification code is a Standard Industrial
Classification code listed in Section 105195 for which there have
been 20 or more persons with elevated blood lead levels reported to
the California Blood Lead Registry in the prior three-year period.
An elevated blood lead level is a level greater than or equal to 25
micrograms of lead per deciliter of blood.
   (c) For employers with 10 or more employees, but less than 100
employees, in a Category A Standard Industrial Classification code,
the annual fee shall be one hundred seventy-five dollars ($175).  For
employers with 100 or more employees, but less than 500 employees,
in a Category A Standard Industrial Classification code, the annual
fee shall be three hundred fifty dollars ($350).  For employers with
500 or more employees in a Category A Standard Industrial
Classification code, the annual fee shall be eight hundred
seventy-five dollars ($875).  For employers with 10 or more
employees, but less than 100 employees, in a Category B Standard
Industrial
Classification code, the annual fee shall be two hundred fifty
dollars ($250).  For employers with 100 or more employees, but less
than 500 employees, in a Category B Standard Industrial
Classification code, the annual fee shall be seven hundred dollars
($700).  For employers with 500 or more employees in a Category B
Standard Industrial Classification code, the annual fee shall be two
thousand dollars ($2,000).  For the purpose of this subdivision, an
employer is any person defined in Section 25118 of the Health and
Safety Code.  Employers with fewer than 10 employees are not subject
to any fees pursuant to this section.
   (d) The annual fee imposed in subdivision (b) shall be adjusted
annually by the State Board of Equalization to reflect increases or
decreases in the cost of living during the prior fiscal year as
measured by the Consumer Price Index issued by the United States
Department of Labor or a successor agency of the federal government.
This adjustment of fees shall not be subject to the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
   (e) In no event shall the annual fee exceed the cost of the
program described in Section 105185.  The department may exempt from
payment of fees those employers who demonstrate that lead is not
present in their places of employment.  The cost of the program
described in Section 105185 shall not exceed the amount of revenue
collected from the annual fee.
   (f) The fee imposed pursuant to subdivision (b) shall be paid by
each employer which is identified in the schedule in accordance with
Part 22 (commencing with Section 43001) of Division 2 of the Revenue
and Taxation Code and shall be deposited in the Occupational Lead
Poisoning Prevention Account of the General Fund, which is hereby
created, to be expended for the purposes of the Occupational Lead
Poisoning Prevention Program, including the cost of administering the
fees by the State Board of Equalization, upon appropriation by the
Legislature.
   105195.  (a) Sections 105185 and 105190 shall apply to the
following industries:
   (1) 1622 Bridges, tunnels, and elevated highways.
   (2) 1721 Painting, paper hanging, and decorating.
   (3) 1791 Structural steel erection.
   (4) 1795 Wrecking and demolition work.
   (5) 2759 Commercial printing.
   (6) 2816 Inorganic pigments manufacture.
   (7) 2819 Industrial inorganic chemicals.
   (8) 2821 Plastics materials and resins.
   (9) 2892 Explosives manufacture.
   (10) 2899 Chemical preparations.
   (11) 3069 Fabricated rubber products.
   (12) 3087 Custom compounding of purchased plastics resins.
   (13) 3089 Plastic products.
   (14) 3229 Pressed and blown glass.
   (15) 3231 Products of purchased glass.
   (16) 3253 Ceramic walls and floor tiles.
   (17) 3262 Vitreous china food utensils.
   (18) 3269 Pottery products.
   (19) 3313 Electrometalurgical products.
   (20) 3331 Primary copper.
   (21) 3339 Primary nonferrous metals, except copper and aluminum.
   (22) 3341 Secondary nonferrous metals.
   (23) 3356 Nonferrous rolling, drawing, extruding.
   (24) 3363 Aluminum die castings.
   (25) 3364 Nonferrous die castings.
   (26) 3365 Aluminum foundries.
   (27) 3366 Copper foundries.
   (28) 3369 Nonferrous foundries.
   (29) 3399 Primary metal products.
   (30) 3411 Metal cans manufacture.
   (31) 3431 Metal sanitary ware.
   (32) 3432 Plumbing fittings and brass goods.
   (33) 3441 Fabricated structural metal.
   (34) 3484 Small arms.
   (35) 3491 Industrial valves.
   (36) 3492 Fluid power valves and hose fittings.
   (37) 3494 Valves and pipe fittings.
   (38) 3496 Miscellaneous fabricated wire products.
   (39) 3497 Metal foil and leaf.
   (40) 3585 Refrigeration and heating equipment.
   (41) 3599 Machinery, except electrical.
   (42) 3624 Carbon and graphite products.
   (43) 3661 Telephone and telegraph apparatus.
   (44) 3662 Radio and television communication equipment.
   (45) 3663 Radio and television equipment.
   (46) 3669 Communications equipment.
   (47) 3674 Semiconductors and related devices.
   (48) 3691 Storage batteries.
   (49) 3692 Primary batteries, dry and wet.
   (50) 3699 Electrical equipment and supplies.
   (51) 3711 Motor vehicles and car bodies.
   (52) 3714 Motor vehicle parts and accessories.
   (53) 3721 Aircraft.
   (54) 3953 Marking devices.
   (55) 3812 Search and navigation equipment.
   (56) 3829 Measuring and controlling devices.
   (57) 5064 Electrical appliances, television, and radios.
   (58) 5093 Scrap and waste materials.
   (59) 7538 General automotive repair shops.
   (60) 7539 Automotive repair shops.
   (61) 7997 Membership sports and recreation clubs.
   (62) 7999 Amusement and recreation.
   (b) (1) If the department determines that the potential for
occupational lead poisoning exists in industries not covered by this
section, based on new evidence, the department shall have the
authority to add Standard Industrial Classification codes by
regulation.  Multiple case reports of occupational lead toxicity
shall be a criterion for adding Standard Industrial Classification
codes covered by this section for the purpose of fee assessment.
   (2) If the department determines that lead use and lead exposure
no longer exist in an industry covered by this section, based on new
evidence, the department shall delete the Standard Industrial
Classification code or individual industries within a Standard
Industrial Classification code by regulation.  If the department
otherwise determines that the potential for occupational lead
poisoning no longer exists in an industry covered by this section,
based on new evidence, the department shall have the authority to
delete Standard Industrial Classification codes or individual
industries with a Standard Industrial Classification code by
regulation.  If the department determines that lead use and lead
exposure no longer exist in the operations of an employer in an
industry covered by this section, based on evidence submitted by the
employer, the department may waive the fee of that employer.
   105197.  (a) A program is hereby established within the department
to meet the requirements of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X
of the Housing and Community Development Act of 1992 (P.L. 102-550).

   (b) The department shall implement and administer the program.
The department shall have powers and authority consistent with the
intent of, and shall promulgate regulations to establish the program
as an authorized state program pursuant to, Title IV, Section 402 to
404, inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec.
2601 and following).
   (c) Regulations regarding accreditation of training providers that
are promulgated pursuant to subdivision (b) shall include, but not
be limited to, provisions governing accreditation of providers of
health and safety training to employees who engage in or supervise
lead-related construction work as defined in Section 6716 of the
Labor Code, and certification of employees who have successfully
completed that training.  Regulations regarding accreditation of
training providers shall, as a condition of accreditation, require
providers to offer training that meets the requirements of Section
6717 of the Labor Code.  The department shall, not later than August
1, 1994, adopt regulations establishing fees for the accreditation of
training providers, the certification of individuals, and the
licensing of entities engaged in lead-related occupations.  The fees
imposed under this subdivision shall be established at levels not
exceeding an amount sufficient to cover the costs of administering
and enforcing the standards and regulations promulgated under this
section.  The fees established pursuant to this subdivision shall not
be imposed on any state or local government or nonprofit training
program.
   (d) All regulations affecting the training of employees shall be
adopted in consultation with the Division of Occupational Safety and
Health.  The regulations shall include provisions for allocating to
the division an appropriate portion of funds to be expended for the
program for the division's cost of enforcing compliance with training
and certification requirements.  The department shall adopt
regulations to establish the program on or before August 1, 1994.
   (e) The department shall review and amend its training,
certification, and accreditation regulations promulgated under this
section as is necessary to ensure continued eligibility for federal
and state funding of lead-hazard reduction activities in the state.


      CHAPTER 3.  PESTICIDE POISONING

   105200.  Any physician and surgeon who knows, or has reasonable
cause to believe, that a patient is suffering from pesticide
poisoning or any disease or condition caused by a pesticide shall
promptly report that fact to the local health officer by telephone
within 24 hours and by a copy of the report required pursuant to
subdivision (a) of Section 6409 of the Labor Code within seven days,
except that the information which is available to the physician and
surgeon is all that is required to be reported as long as reasonable
efforts are made to obtain the information.
   Each local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received and shall report to the Director
of Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
each case reported to him or her pursuant to this section within
seven days after receipt of the report.
   The Office of Environmental Health Hazard Assessment shall
designate a phone number or numbers for use by local health officers
in the immediate notification of the office of a pesticide poisoning
report.  The office shall from time to time establish criteria for
use by the local health officers in determining whether the
circumstances of a pesticide poisoning warrants the immediate
notification of the office.
   In no case shall the treatment administered for pesticide
poisoning or a condition suspected as pesticide poisoning be deemed
to be first aid treatment.
   Any physician and surgeon who fails to comply with the reporting
requirements of this section or any regulations adopted pursuant to
this section shall be liable for a civil penalty of two hundred fifty
dollars ($250).  For the purposes of this section, failure to report
a case of pesticide poisoning involving one or more employees in the
same incident shall constitute a single violation.  The Division of
Occupational Safety and Health of the Department of Industrial
Relations shall enforce these provisions by issuance of a citation
and notice of civil penalty in a manner consistent with Section 6317
of the Labor Code.  Any physician and surgeon who receives a citation
and notice of civil penalty may appeal to the Occupational Safety
and Health Appeals Board in a manner consistent with Section 6319 of
the Labor Code.
   Each local health officer shall maintain the ability to receive
and investigate reports of pesticide poisoning at all times pursuant
to Section 12982 of the Food and Agricultural Code.
   105205.  The Office of Environmental Health Hazard Assessment
shall develop and implement, in cooperation with local health
officers and state and local medical associations, a program of
medical education to alert physicians and other health care
professionals to the symptoms, diagnosis, treatment, and reporting of
pesticide poisoning.
   105210.  After consultation with the county agricultural
commissioner or the Director of Agriculture, the local health officer
may, upon his determination that pesticide poisoning is serious and
that an outbreak in pesticide poisoning or any disease or condition
caused by pesticide poisoning has occurred in his county, request
assistance by the state department.  Upon such request, the director
shall provide the local health officer with the necessary staff and
technical assistance to conduct an epidemiologic investigation of the
outbreak, and where appropriate, shall make recommendation to
control or prevent such poisoning outbreaks.
   105215.  Any public employee, as defined in Section 811.4 of the
Government Code, whose responsibilities include matters relating to
health and safety, protection of the environment, or the use or
transportation of any pesticide and who knows, or has reasonable
cause to believe, that a pesticide has been spilled or otherwise
accidentally released, shall promptly notify the local health officer
or the notification point specified in the local hazardous materials
response plan, where such a plan has been approved by the State
Office of Emergency Services and is in operation.  The operator of
the notification point shall immediately notify the local health
officer of the pesticide spill report.
   The local health officer shall immediately notify the county
agricultural commissioner and, at his or her discretion, shall
immediately notify the Director of Environmental Health Hazard
Assessment of each report received.  Within seven days after receipt
of any report, the local health officer shall notify the Director of
Pesticide Regulation, the Director of Environmental Health Hazard
Assessment, and the Director of Industrial Relations, on a form
prescribed by the Director of Environmental Health Hazard Assessment,
of each case reported to him or her pursuant to this section.
   The Office of Environmental Health Hazard Assessment shall
designate a phone number or numbers for use by local health officers
in the immediate notification of the office of a pesticide spill
report.  The office of shall from time to time establish criteria for
use by the local health officers in determining whether the
circumstances of a pesticide spill warrants the immediate
notification of the office.
   105220.  The Director of Environmental Health Hazard Assessment
shall maintain a file of all the reporting forms received from local
health officers pursuant to Section 105215 at the repository of
current data on toxic materials established pursuant to Section 147.2
of the Labor Code.  The file shall be open to the public and shall
be indexed at least to the extent of the following:
   (a) The county of the accidental release.
   (b) The type of pesticide involved.
   105225.  Each public employer of a public employee subject to
Section 105215 shall post in one or more prominent places frequented
by such employee a notice informing such employee of the
responsibility imposed by Section 105215.

      CHAPTER 4.  RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION

   105250.  (a) A program is hereby established within the department
to meet the requirements of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X
of the Housing and Community Development Act of 1992 (P.L. 102-550).

   (b) The department shall implement and administer the program.
The department shall have powers and authority consistent with the
intent of, and shall adopt regulations to establish the program as an
authorized state program pursuant to, Title IV, Section 402 to 404,
inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601
and following).
   (c) Regulations regarding accreditation of training providers that
are promulgated pursuant to subdivision (b) shall include, but not
be limited to, provisions governing accreditation of providers of
health and safety training to employees who engage in or supervise
lead-related construction work as defined in Section 6716 of the
Labor Code, certification of employees who have successfully
completed that training.  Regulations regarding accreditation of
training providers shall, as a condition of accreditation, require
providers to offer training that meets the requirements of Section
6717 of the Labor Code.  The department shall, not later than August
1, 1994, adopt regulations establishing fees for the accreditation of
training providers, the certification of individuals, and the
licensing of entities engaged in lead-related occupations.  The fees
imposed under this subdivision shall be established at levels not
exceeding an amount sufficient to cover the costs of administering
and enforcing the standards and regulations promulgated under this
section.  The fees established pursuant to this subdivision shall not
be imposed on any state or local government or nonprofit training
program.
   (d) All regulations affecting the training of employees shall be
adopted in consultation with the Division of Occupational Safety and
Health.  The regulations shall include provisions for allocating to
the division an appropriate portion of funds to be expended for the
program for the division's cost of enforcing compliance with training
and certification requirements.  The department shall adopt
regulations to establish the program on or before August 1, 1994.
   (e) The department shall review and amend its training,
certification, and accreditation regulations promulgated under this
section as is necessary to ensure continued eligibility for federal
and state funding of lead-hazard reduction activities in the state.


      CHAPTER 5.  CHILDHOOD LEAD POISONING PREVENTION

   105275.  This chapter shall be known, and may be cited as, the
Childhood Lead Poisoning Prevention Act of 1991.
   105280.  For purposes of this chapter, the following definitions
apply:
   (a) "Appropriate case management" means health care referrals,
environmental assessments, and educational activities, performed by
the appropriate person, professional, or entity, necessary to reduce
a child's exposure to lead and the consequences of the exposure, as
determined by the United States Centers for Disease Control, or as
determined by the department pursuant to Section 105300.
   (b) "Lead poisoning" means the disease present when the
concentration of lead in whole venous blood reaches or exceeds levels
constituting a health risk, as specified in the most recent United
States Centers for Disease Control guidelines for lead poisoning as
determined by the department, or when the concentration of lead in
whole venous blood reaches or exceeds levels constituting a heath
risk as determined by the department pursuant to Section 105300.
   (c) "Department" means the State Department of Health Services.
   (d) "Health assessment" has the same meaning as prescribed in
Section 6800 of Title 17 of the California Code of Regulations.
   (e) "Screen" means the medical procedure by which the
concentration of lead in whole venous blood is measured.
   (f) "Health care" means the identification, through evaluation and
screening, if indicated, of lead poisoning, as well as any followup
medical treatment necessary to reduce the elevated blood lead levels.

   (g) "Environmental lead contamination" means the persistent
presence of lead in the environment, in quantifiable amounts, that
results in ongoing and chronic exposure to children.
   105285.  (a) After July 1, 1992, but on or before July 1, 1993,
the department shall adopt regulations establishing a standard of
care, at least as stringent as the most recent United States Centers
for Disease Control screening guidelines, whereby all children shall
be evaluated for risk of lead poisoning by health care providers
during each child's periodic health assessment.  The regulations
shall be developed in consultation with medical experts,
environmental experts, appropriate professional organizations, and
the public, as determined by the department.
   (b) The standard of care shall provide that, upon evaluation,
those children determined to be "at risk" for lead poisoning,
according to the regulations adopted pursuant to subdivision (a),
shall be screened.
   (c) The standard of care shall provide that no child shall be
screened pursuant to this article if the parent or guardian of the
child refuses to consent to the screening.
   (d) The standard of care shall provide that health care providers
shall be responsible only for evaluation of all children, for
screening of children determined to be at risk, and for medically
necessary followup services.
   (e) The standard of care established pursuant to this section
shall not become operative before April 1, 1993.
   105290.  On or after April 1, 1993, in those instances in which a
child is identified with lead poisoning, the department shall ensure
appropriate case management.  The department may contract with any
public or private entity, including local agencies, to conduct the
case management.
   105295.  The department shall collect and analyze all information
necessary to effectively monitor appropriate case management efforts.
  The department shall prepare a biennial report describing the
effectiveness of appropriate case management efforts.  This report
shall be made available to local health departments and the general
public.
   105300.  Notwithstanding Section 124130, the department shall have
broad regulatory authority to fully implement and effectuate the
purposes of this chapter.  The authority shall include, but is not
limited to, the following:
   (a) The development of protocols to be utilized in screening and
the procedures for changing those protocols when more accurate or
efficient technologies become available.
   (b) The designation of laboratories which are qualified to analyze
whole blood specimens for concentrations of lead and the monitoring
of those laboratories for accuracy.
   (c) The development of reporting procedures by laboratories.
   (d) Reimbursement for state-sponsored services related to
screening and appropriate case management.
   (e) Establishment of lower concentrations of lead in whole blood
than those specified by the United States Centers for Disease Control
for the purpose of determining the existence of lead poisoning.
   (f) Establishment of lower acceptable levels of the concentration
of lead in whole blood than those specified by the United States
Centers for Disease Control for the purpose of determining the need
to provide appropriate case management for lead poisoning.
   (g) Development of appropriate case management protocols.
   (h) Notification to the child's parent or guardian of the results
of blood lead testing and environmental assessment.
   (i) The establishment of a periodicity schedule for evaluation for
childhood lead poisoning.
   105305.  The program implemented pursuant to this chapter shall be
fully supported from the fees collected pursuant to Section 105310.
Notwithstanding the scope of activity mandated by this chapter, in
no event shall this chapter be interpreted to require services
necessitating expenditures in any fiscal year in excess of the fees,
and earnings therefrom, collected pursuant to Section 105310.  This
chapter shall be implemented only to the extent fee revenues pursuant
to Section 105310 are available for expenditure for purposes of this
chapter.
   105310.  (a) There is hereby imposed a fee on manufacturers and
other persons formerly, presently, or both formerly and presently
engaged in the stream of commerce of lead or products containing
lead, or who are otherwise responsible for identifiable sources of
lead, which have significantly contributed historically, currently
contribute, or both have significantly contributed historically and
contribute currently to environmental lead contamination.
   (b) After July 1, 1992, but on or before January 1, 1993, the
department shall, by regulation, establish specific fees to be
assessed on manufacturers and other parties formerly, presently, or
both formerly and presently engaged in the stream of commerce of lead
or products containing lead, or who are otherwise responsible for
identifiable sources of lead which, as determined by the department,
have significantly contributed historically, currently contribute, or
both have significantly contributed historically and contribute
currently to environmental lead contamination.
   To the maximum extent practicable, the fees shall be assessed on
the basis of the following criteria:
   (1) A person's past and present responsibility for environmental
lead contamination.
   (2) A person's "market share" responsibility for environmental
lead contamination.
   This section shall not apply to, and no fee shall be assessed
upon, any retailer of lead or products containing lead.
   (c) The fee shall be assessed and collected annually by the State
Board of Equalization.  The first payment of these fees shall be due
on or before April 1, 1993.  The annual fee assessment in subdivision
(a) shall be adjusted by the department to reflect both of the
following:
   (1) The increase in the annual average of the California Consumers
Price Index, as recorded by the California Department of Industrial
Relations, for the most recent year available.
   (2) The increase or decrease in the number of children in
California who are receiving services pursuant to this article.
   This adjustment of fees shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.
   (d) (1) No fee shall be assessed upon a person if that person can
demonstrate, as determined by the department, that his or her
industry did not contribute in any manner, as described in this
section, to environmental lead contamination.
   (2) No fee shall be assessed upon a party if that party
demonstrates, as determined by the department, that the lead, or the
product containing lead, with which it is currently, or was
historically, associated does not currently, or did not historically,
result in quantifiably persistent environmental lead contamination.

   (e) The fee imposed pursuant to this section shall be administered
and collected by the board of Equalization in accordance with Part
22 (commencing with Section 43001) of Division 2 of the Revenue and
Taxation Code.  The fees shall be deposited in the Childhood Lead
Poisoning Prevention Fund, which is hereby created in the State
Treasury.  Moneys in the fund shall be expended for the purposes of
this chapter, including the State Board of Equalization's costs of
collection and administration of fees, upon appropriation by the
Legislature.  All interest earned on the moneys which have been
deposited into the Childhood Lead Poisoning Prevention Fund
                                   shall be retained in that fund.
   (f) The fees collected pursuant to this section and the earnings
therefrom shall be used solely for the purposes of implementing this
chapter.  The department shall not collect fees pursuant to this
section in excess of the amount reasonably anticipated by the
department to fully implement this chapter.  The department shall not
spend more than it collects from the fees and the earnings in
implementing this chapter.  In no fiscal year shall the department
collect more than sixteen million dollars ($16,000,000) in fees, as
adjusted for inflation pursuant to subdivision (b).
   (g) It is the intent of the Legislature, in subsequent
legislation, to appropriate and deposit into the Childhood Lead
Poisoning Prevention Fund the sum of one hundred twenty-eight
thousand dollars ($128,000) from the General Fund on July 1, 1992, to
the Controller for allocation as loans as follows:
   (1) Seventy-eight thousand dollars ($78,000) to the department,
for the purposes of adopting regulations to establish the fee
schedule authorized by this section.  The State Board of Equalization
shall repay the amount of this appropriation, on or before June 30,
1993, with interest at the pooled money investment rate, from fees
collected pursuant to this section.
   (2) Fifty thousand dollars ($50,000) to the State Board of
Equalization, for the purposes of implementing this section.  The
State Board of Equalization shall repay the amount of this
appropriation on or before June 30, 1993, with interest at the pooled
money investment rate, from fees collected pursuant to this section.

   (h) Regulations adopted for fee assessment and collection pursuant
to this section shall be exempt from review by the Office of
Administrative Law.

      CHAPTER 6.  SAFER MEDICAL DEVICES

   105325.  The Legislature hereby finds and declares all of the
following:
   (a) More than 700,000 California health care workers and
professionals, such as nurses, physicians and surgeons and
housekeeping staff, daily put their lives at risk of infection from
deadly, bloodborne diseases in order to provide health care for all
Californians.
   (b) Nationally, more than 1,000 health care personnel a year are
infected with Hepatitis B, and 250 die of this disease.
   (c) Approximately 30 cases of occupational exposure to HIV have
been conclusively documented by the federal Centers for Disease
Control.
   (d) Studies estimate that it is likely that several hundred health
care workers nationwide have been infected with HIV on the job.
   (e) Some bloodborne diseases, including infection with HIV, can be
prevented only through avoiding exposure to the pathogen.
   (f) In 1989, the federal Occupational Safety and Health
Administration estimated that health care personnel suffer 889,000
exposures to bloodborne diseases annually nationwide and that 790,000
of these exposures results from injuries from sharp instruments,
including needle sticks.
   (g) During a six-month period, more than 200 exposures of health
care personnel to blood and other bodily fluids were documented at a
single hospital, the Medical Center at the University of California,
San Francisco.
   (h) While most health care employers have implemented rigorous,
universal infection control procedures, requiring gloving and other
protective equipment, exposure to bloodborne diseases continues to be
a major risk for health care workers.
   (i) As the federal Occupational Safety and Health Administration
has noted, gloving and other protective devices cannot prevent
puncture injuries from needles and other sharp instruments.
   (j) Medical devices, such as needles and intravenous tubing, are
reviewed by the federal Food and Drug Administration for patient
safety and efficacy but are not reviewed by any state or federal
agency for worker safety.
   (k) It is estimated that improved product design of medical
devices, such as needles, syringes, connectors for intravenous tubes,
and vacuum tubes used to draw blood could reduce injuries involving
exposure to blood by as much as 85 percent.
   105330.  It is the intent of the Legislature in enacting this
chapter to reduce exposure of health care personnel to deadly,
bloodborne diseases by encouraging the development and use of medical
devices that are designed to assure worker safety as well as the
safety of patients and the efficacy of the device.
   105335.  (a) The program on occupational health and occupational
disease prevention of the department shall do all of the following:
   (1) In coordination with the Division of Occupational Safety and
Health, review and analyze existing studies, data, and other
information on safety-enhanced product design of medical devices that
place health care workers at risk of exposure to bloodborne diseases
including, but not limited to, syringes and intravenous tubing that
have sharp points.
   (2) Collect and evaluate information from health facilities that
are using medical devices that have been redesigned to enhance worker
safety.
   (3) To the extent that funding is available, conduct demonstration
projects to test the use of safety enhanced medical devices at
health facilities that volunteer to participate in these projects.
   (4) Report to the Legislature and the Department of Industrial
Relations its findings regarding the use of safety-enhanced product
design for medical devices.  These findings shall include analysis
and recommendations regarding projected cost savings to health
facilities, actual improvement in worker safety, and continued
patient safety and efficacy.
   (b) The duties required by this section shall be performed to the
extent that the department obtains funds from private sources and the
federal government.

      CHAPTER 7.  INDOOR ENVIRONMENTAL QUALITY

   105400.  The Legislature finds and declares that:
   (a) The people of the State of California have a primary interest
in the quality of the indoor environment in which they live.
   (b) As people spend greater portions of time each day indoors, the
environmental quality of our buildings becomes increasingly
important.
   (c) Changes in building design, materials, construction, and
operation have resulted in significant changes in indoor
environmental quality.
   (d) Activities and use of chemical products, appliances, power
equipment, wear and tear of structural decorative materials, thermal
factors, and mechanical ventilation are degrading the indoor
environment, thereby creating mounting dangers to the public health,
safety, and welfare.
   105405.  (a) The department through its Indoor Air Quality Program
shall develop nonbinding guidelines for the reduction of exposure to
volatile organic compounds (VOC) from construction materials in
newly constructed or remodeled office buildings.  At a minimum, the
department shall consider all of the following:
   (1) The type of building to which the guidelines shall apply.
   (2) The methodology for identifying indoor sources of VOC.
   (3) The bake-out procedures prior to occupancy for newly
constructed buildings.
   (4) The procedures for VOC reduction during and after major
remodeling of occupied buildings.
   (5) The need to establish mandatory regulations rather than
nonbinding guidelines for  the procedures to reduce VOC exposure in
newly constructed buildings and during the remodeling of buildings
and, in addition, the need for regulation regarding the occupancy of
a newly constructed building or a building undergoing remodeling
where VOC reduction is to be a consideration.
   (6) The need to establish an ad hoc group of building construction
material manufacturers, builders, building owners and managers,
organized labor, sheetmetal contractors, plumbing contractors,
mechanical engineers, architects, and building inspectors to advise
the department on procedures and costs related to implementing the
proposed guidelines.
   (b) The department shall develop and submit the nonbinding
guidelines to the Legislature, and file copies with the Department of
General Services and the State Building Standards Commission, by
January 1, 1992.
   (c) The guidelines developed by the department pursuant to this
section shall be nonbinding and voluntary, and shall therefore, be
exempt from the procedures for adoption of regulations, including the
review and approval by the Office of Administrative Law, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of the Government Code.
   105410.  The Legislature, in view of the findings and declarations
specified in Section 105400, declares that the public interest shall
be safeguarded by a coordinated, coherent state effort to protect
and enhance the indoor environmental quality in residences, public
buildings, and offices in the state.
   105415.  For the purpose of this chapter, "indoor environmental
quality" means the environment inside a residential dwelling,
including a house or apartment, or inside a school, office, public
building, or other facility to which the general public has access.
The term "indoor environmental quality" shall not include industrial
working environments.
   105420.  The department shall coordinate efforts to assess,
protect, and enhance indoor environmental quality.
   105425.  The department shall conduct and promote the coordination
of research, investigations, experiments, demonstrations, surveys,
and studies relating to the causes, effects, extent, prevention, and
control of indoor pollution.
   105430.  (a) If model construction standards and techniques for
controlling radon levels within new buildings are developed by the
United States Environmental Protection Agency, the State Department
of Health Services may adopt the standards and incorporate them into
any radon assessment and mitigation plan which may be completed by
the department and which becomes operative after January 1, 1990,
unless the Department of Housing and Community Development adopts
radon mitigation building standards, in which case the State
Department of Health Services shall adopt no standards other than the
standards adopted by the Department of Housing and Community
Development.
   Any radon assessment and mitigation plan shall include appropriate
measures designed to detect, avoid, or dissipate dangerous levels of
radon gas at potential building sites or during construction of new
residential buildings in areas affected by radon.  Any of those
measures shall be appropriately delineated so as to apply only to
certain at-risk buildings and geographic areas, and the plan shall
specify construction projects, building characteristics, and
geographical areas to which the measures apply, to assure ease of
compliance and consistency with the findings and assessment of the
United States Environmental Protection Agency regarding radon risks.
The plan may include reasonable provisions for testing and detection
of radon at potential building sites as well as measures to provide
for the appropriate radon-dissipating ventilation and insulation of
new residential construction consistent with prevailing techniques.
   (b) If regulations are adopted by the department to implement any
radon assessment and mitigation plan completed by the department
after January 1, 1990, no city, county, or other governmental agency
may issue a permit to construct any building subject to state
department regulation to any applicant who does not first comply with
testing or building standards which may be implemented pursuant to
this section.
   (c) Any building standards which may be adopted pursuant to this
section shall become effective as provided by Section 17958.
   (d) In developing regulations pursuant to this section, the state
department shall consider the methods and techniques which can
provide an adequate level of safety at the lowest cost in order to
reduce the impact on housing prices.
   (e) Subdivisions (a) to (d), inclusive, shall only become
operative if federal funds are available to the department for the
purposes specified in this section, as determined by the department.


      PART 6.  DISASTER PREPAREDNESS (Reserved)

  SEC. 6.  Division 104 (commencing with Section 106500) is added to
the Health and Safety Code, to read:

      DIVISION 104.  ENVIRONMENTAL HEALTH
      PART 1.  ENVIRONMENTAL HEALTH PERSONNEL
      CHAPTER 1.  LEGISLATIVE INTENT (Reserved)
      CHAPTER 2.  PERSONNEL (Reserved)
      CHAPTER 3.  ADMINISTRATIVE

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

      CHAPTER 4.  PROFESSIONAL CERTIFICATION
      Article 1.  Registered Environmental Health Specialists

   106600.  It is the intent of the Legislature in adopting this
article to safeguard the health, safety, and general welfare of the
public by the registration of those environmental health
professionals practicing as environmental health specialists who have
completed an approved environmental health or science curriculum and
who are qualified to work, or are working, within the scope of the
field of environmental health as defined by this article.
   In adopting this article, it is recognized that the field of
environmental health is a dynamic field that is continually evolving
into new and complex areas of concern.  This article recognizes the
existence of overlapping functions with other professions carrying
out specific activities that may include some aspects of the field of
environmental health.  The title of a person registered under this
article shall be environmental health specialist.  Use of the term
"sanitarian" or "registered sanitarian" in statutes and regulations
shall mean "registered environmental health specialists."  A valid
registered sanitarian registration shall on January 1, 1989, be a
valid registration as an environmental health specialist.  The
department shall provide a new certificate of registration to that
effect.
   106605.  This article does not require registration of
individuals, such as industrial hygienists, health physicists, safety
engineers, civil engineers, land surveyors, other registered
professional engineers, or others with overlapping functions.  This
article does not require registration of individuals performing
duties described in subdivision (e) of Section 106615, unless those
individuals represent themselves as registered environmental health
specialists.  It is not the intent of this article to require local
health departments to employ only registered environmental health
specialists, environmental health specialist trainees, or those
qualified for registration in jobs involving those overlapping
functions.  It is the sole purpose of this article to safeguard the
health, safety, and general welfare of the public from adverse
environmental factors, to register those environmental health
professionals practicing as environmental health specialists who have
completed an approved environmental health or science curriculum,
and are qualified to work, or are working, in the public or private
sector in the field of environmental health within the scope of
practice as defined in this article, and to protect the public from
individuals performing as environmental health specialists without
proper qualifications.
   106610.  The department may, upon recommendation of the
Environmental Health Specialist Registration Committee appointed
pursuant to Section 106675, adopt any regulations necessary to
accomplish the purposes of this article.
   106615.  The words and phrases defined in this section shall have
the following meaning, unless the context clearly indicates
otherwise:
   (a) "Department" means the State Department of Health Services.
   (b) "Committee" means the Environmental Health Specialist
Registration Committee.
   (c) "Registered environmental health specialist" means an
environmental health professional educated and trained within the
field of environmental health who is registered in accordance with
the provisions of this article.  A registered environmental health
specialist registered under this article also meets the requirements
for registration as an environmental assessor pursuant to Section
25570.
   (d) "Environmental health specialist trainee" means a person who
possesses (1) a minimum of a bachelor's degree, including 30 semester
units of basic sciences, from a department approved educational
institution or an educational institution of collegiate grade listed
in the directory of accredited institutions of postsecondary
education compiled by the American Council on Education, but who has
not completed the specific coursework and experience requirements in
the field of environmental health as required by Section 106660 for
registration, and (2) who is engaged in an approved environmental
health training plan.
   (e) "Scope of practice in environmental health" means the practice
of environmental health by registered environmental health
specialists in the public and private sector within the meaning of
this article and includes, but is not limited to, organization,
management, education, enforcement, consultation, and emergency
response for the purpose of prevention of environmental health
hazards and the promotion and protection of the public health and the
environment in the following areas:  food protection; housing;
institutional environmental health; land use; community noise
control; recreational swimming areas and waters; electromagnetic
radiation control; solid, liquid, and hazardous materials management;
underground storage tank control; onsite septic systems; vector
control; drinking water quality; water sanitation; emergency
preparedness; and milk and dairy sanitation pursuant to Section 33113
of the Food and Agricultural Code.  Activities of registered
environmental health specialists shall be regulated by the department
upon the recommendation of the committee.
   (f) "Certificate of registration" means a signed document issued
by the department as evidence of registration and qualification to
practice as a registered environmental health specialist under this
article.  The certificate shall bear the designation "registered
environmental health specialist" and shall show the name of the
person, date of issue, registration number, and seal.
   (g) "Experience requirement" means on-the-job training and
experience, as stated in this article, that all environmental health
specialist trainees shall complete prior to obtaining eligibility for
the environmental health specialist examination.
   (h) "Approved environmental health training plan" means a training
program in an organization that plans to utilize environmental
health specialist trainees and has on file with the  department a
copy of its training plan that conforms with the requirements of
Section 106665, and that has been approved by the committee.
   (i) "Director" means the director.
   106620.  Except for the design of onsite septic systems, nothing
in this article shall authorize registered environmental health
specialists to design any of the fixed works defined in Section 6731
of the Business and Professions Code.
   106625.  The governing body of a local health department may
employ on a full-time basis one or more registered environmental
health specialists, each of whom shall be a registered environmental
health specialist as provided for in this article for the purpose of
the enforcement of statutes related to public health, and the
regulations of the department, and any local ordinances of a local
health department that relate to activities under subdivision (e) of
Section 106615.  However, any person who is known as an environmental
health specialist trainee may be employed to work under the
supervision of a registered environmental health specialist, until he
or she is qualified by examination as provided under Section 106670,
for a period which shall not exceed three years.  Prior to
employment, the trainee shall have a current evaluation letter from
the department stating that the education qualifications specified in
Section 106660 have been met.
   106630.  Any person may make an application to the department to
be registered as an environmental health specialist.  The department
shall accept complete applications if accompanied by the required
fees.
   (a) Application submission, completion and notification.
   (1) Receipt of an application for a certificate of registration as
an environmental health specialist shall be deemed to be the date
the application is date stamped by the department.
   (2) An application for a certificate of registration as an
environmental health specialist is considered complete when a
completed application form supplied by the department, proof of
successful passage of the registered environmental health specialist
examination, as specified in Section 106670, and the initial biennial
registration fee are received by the department.
   (3) Written notification by the department to applicants shall be
deemed to occur on the date the notifications are postmarked.
   (b) Application review period.
   The department shall notify the applicant in writing within 15
working days of receipt of an application for a certificate of
registration as an environmental health specialist that the
application is completed and accepted for filing, or that the
application is deficient and what specific information,
documentation, or fee, is required to complete the application.
   (c) Application decision period.
   The department, within three calendar days of filing of a
completed application, shall reach a decision regarding the
application for a certificate of registration as an environmental
health specialist.
   (d) The department shall issue certificates of registration to
qualified applicants.
   (e) Duplicate certificate/card of registration shall be issued to
individuals  who hold valid registration as an environmental health
specialist upon payment of ten dollars ($10) for a duplicate
certificate and five dollars ($5) for a duplicate registration card.

   106635.  The requirements for registration of environmental health
specialists shall be a minimum of a bachelor's degree from a
department approved educational institution or an educational
institution of collegiate grade listed in the directory of accredited
institutions of postsecondary education compiled by the American
Council on Education, with coursework prescribed as follows:


       Basic Requirements                 Experience         Training

  I.   30 semester or 45 quarter basic     18 months           600
       science units including each of                         hrs.
       the following:
          General Chemistry Lecture and Laboratory
          General Physics Lecture and Laboratory or Organic Chemistry
Lecture
          and Laboratory
          General Microbiology Lecture and Laboratory
          General Biological Science Lecture and Laboratory
          Calculus or College Algebra
  II.  45 semester or 68 quarter basic     one year            450
       science units including the                             hrs.
       following:
       Three of the required science
       courses shall include a laboratory:
          General Chemistry
          Organic Chemistry
          General Physics
          General Microbiology
          General Biological Science
          Calculus or College Algebra
  III. 30 semester or 45 quarter basic      9 months           300
       science units including each of                         hrs.
       the following:
          General Chemistry Lecture and Laboratory
          General Physics Lecture and Laboratory or Organic Chemistry
Lecture
          and Laboratory
          General Microbiology Lecture and Laboratory
          General Biological Science Lecture and Laboratory
          Calculus or College Algebra
          plus
       Three semester or four quarter unit
       courses in each of the following:
          Epidemiology
          Statistics
          Public Administration or Environmental Health
Administration and;
                                                         10 semester
or 15 quarter units in environmental health science,
          including one or more of the following:
       water quality, waste management, food and consumer protection,

       housing and institution sanitation, vector control,
recreational
       health, air quality, milk and dairy products, occupational
health,
       electromagnetic radiation, noise control, toxicology, soil
science,
       or land use development.
  IV.  45 semester or 68 quarter basic      6 months           200
       science units including the                             hrs.
       following:
       Three of the following required
       science courses shall include a
       laboratory:
          General Chemistry
          Organic Chemistry
          General Physics
          General Microbiology
          General Biological Science
          Calculus or College Algebra
          plus
       Three semester or four quarter unit
       courses in each of the following:
          Epidemiology
          Statistics
          Public Administration or Environmental Health
Administration and;
          10 semester or 15 quarter units in
          Environmental Health Science, including one or more
          of the following:
       water quality, waste management, food and consumer protection,

       housing and institution sanitation, vector control,
recreational
       health, air quality, milk and dairy products, occupational
health,
       electromagnetic radiation, noise control, toxicology, soil
science,
       or land use development.
  V.   Possess a minimum of a bachelor's      None            None
       degree in environmental health       required        required
       from an institution approved by
       the committee, which includes:
       One year of lecture and laboratory coursework
       in each of the following:
          General Chemistry
          General Physics
          General Biological Science, and
       One semester course in:
          Calculus or College Algebra
          Organic Chemistry
          General Microbiology with Laboratory
          Public Administration or Environmental Health
Administration
          Epidemiology
          Statistics
          Field Orientation Course in Environmental Health
       Fifteen semester units of environmental health science courses

       selected from:
       water quality, waste management, food and consumer protection,

       housing and institution sanitation, vector control,
recreational
       health, air quality, milk and dairy products, occupational
health,
       electromagnetic radiation, noise control, toxicology, soil
science,
       or land use development.

   All basic science coursework including mathematics shall be equal
to that acceptable in an approved environmental health degree
program.
   106640.  Educational institutions requesting approval of their
environmental health degree program shall first submit their program
to the committee for review.  If the program meets the prescribed
curricula in Section 106635 it shall be submitted to the department
for approval.
   106645.  Those persons who meet the educational, experience, and
training requirements of Section 106635 shall be eligible for
admission to the examination for registration as an environmental
health specialist.
   106650.  Any person who has applied for environmental health
specialist registration, or who is enrolled in an approved
environmental health science curriculum, or who is certified by his
or her employer as serving as an environmental health specialist
trainee in an approved environmental health program on or before
December 31, 1988, shall be admitted to the written examination on
the basis of the requirements existing on December 31, 1988.
   106655.  A person who possesses a minimum of a bachelor's degree
from a department-approved educational institution or an educational
institution of collegiate grade listed in the directory of accredited
institutions of postsecondary education compiled by the American
Council on Education and has been employed as a certified dairy
inspector in the State of California for at least 24 months
immediately prior to applying for admission to the environmental
health specialist registration examination, shall be eligible for
admission to the examination for registration as an environmental
health specialist.
   106660.  Any person meeting the educational qualifications
pursuant to Section 106635, but who does not meet the experience
requirement of that section, may make application to the department
on a form prescribed by the department for acceptance as an
environmental health specialist trainee.  The department shall accept
complete applications if accompanied by the required fees.
   106665.  An approved environmental health training plan shall
include program elements in the training, duration of training, and
types of training.
   (a) Program elements, duration of training, and experience are as
follows:
   (1) All environmental health specialist trainees, shall complete a
basic training period in an approved program.  The training period
shall include training in at least six elements, with three of the
elements selected from the following basic elements:
   (A) Food protection.
   (B) Solid or liquid waste management, or both.
   (C) Water supply.
   (D) Housing and institutions.
   (E) Bathing places.
   (F) Vector control.
   (G) Hazardous materials management or underground tank program, or
both.
   The remaining three elements may include any other basic element
or any of the following elements:  air sanitation, safety and
accident prevention, land development and use, disaster sanitation,
electromagnetic radiation, milk and dairy products, noise control,
occupational health, and rabies and animal disease control.
   (2) Training in each of three basic elements shall be not less
than 20 percent of the total required training hours.  Time spent in
the remaining three elements shall be not less than 40 percent of the
total required training hours.  The employer shall designate the
methods, elements, and types of training or experience for the
remaining part of the time required for entrance to the registered
environmental health specialist examination as specified in Section
106670.  The specified training may be cumulative and scheduled at
the discretion of the employing agency over this period.
   (3) The training may be accomplished by assignments chosen by the
employing agency and under the supervision of a registered
environmental health specialist.
   (4) For those environmental health specialist trainees requiring
more than one year of experience, the additional experience will be
in one or more elements of environmental health listed in this
section and may be outside of a local environmental health program.
   (5) Training and experience gained working for governmental or a
nonprofit entity, or both, may be counted toward the first-year
training experience requirement if the training and experience is
determined by the department to be equivalent to what would be gained
in a local environmental health jurisdiction.
   (b) Types of training:
   The training program shall be integrated into the environmental
health specialist trainee's job assignment and shall include items
(1) and (2) and may include items (3), (4), and (5):
   (1) A minimum of 20 hours per month of field instruction with
direct supervision by a registered environmental health specialist
for the first six months of employment.  (The total minimum
requirement in this area shall be 150 hours.)
   (2) Independent time with adequate supervision and guidance.
   (3) Office training with pretesting and posttesting.
   (4) Lectures.
   (5) Adequate office time to review and study.
   (c) Requirements for certification of training:
   (1) Environmental health specialist trainees shall receive their
training from the department or agency that has a training plan
approved by the committee.
   (2) A daily log for the certification of the environmental health
specialist trainee shall be maintained by the Director of
Environmental Health.
   (A) A daily log covering elements and hours spent of all training
shall be kept by the environmental health specialist trainees, and
verified by the trainer or supervisor on a weekly basis.
   (B) Short narrative reports or copies of the monthly schedule of
the environmental health specialist trainee's training and progress
shall be submitted by the training coordinator to the director every
month throughout the traineeship.
   (C) The Director of Environmental Health shall review the trainee'
s records on a monthly basis and shall certify on a quarterly basis
that the records of training are accurate.
   (D) The Director of Environmental Health shall notify the
department within 30 days of the date an environmental health
specialist trainee is hired or terminated.
   (E) Copies of the environmental health specialist trainee's log,
as well as the narrative reports or copies of monthly schedules shall
be retained in the personnel file of the environmental health
specialist trainee for at least one year after the environmental
health specialist trainee successfully completes the registered
environmental health specialist examination.
   (3) When an environmental health specialist trainee completes the
training program, the Director of Environmental Health shall forward
certification to the department.  This certification shall include
the program areas, length of time, dates for the areas of training
and a statement that the environmental health specialist trainee
followed the approved training plan.
   (d) Those jurisdictions that cannot provide the required training
elements within their jurisdictions shall initiate a program of
training exchange with another jurisdiction having an approved
training program.
   106670.  (a) On and after January 1, 1989, only persons who meet
the educational  and experience requirements as established under
Section 106635 shall be eligible for admission to examination for
registration as an environmental health specialist.
   (b) The professional examination shall be prescribed by the
department with the concurrence of the committee, and a passing score
on the examination shall be required prior to registration.
   (c) An applicant who twice fails to pass the written examination
shall not be eligible to be reexamined a third time until at least
one year has elapsed from the date of the second examination.  An
applicant who fails the third examination shall not be eligible to
take the examination a fourth time until two years have elapsed from
the date of the third examination.  Thereafter, the examination may
not be taken more frequently than once in two years.  Reapplication
shall be made by submitting a new application with the required fee.

   106675.  (a) An Environmental Health Specialist Registration
Committee shall be appointed to advise and to make recommendations to
the department with respect to, and to take other actions as
described in this article for the establishment of rules and
regulations necessary to ensure, the proper administration and
enforcement of the registration of environmental health specialists
whose duties in public health and environmental health require
knowledge and skills in the physical, biological, and environmental
health sciences and whose performance of professional duties is
necessary for the promotion of life, health, and well being of the
public.
   The members of the former Sanitarian Registration Certification
Committee shall serve as members of the new committee until the
expiration of their terms.
   (b) The committee shall consist of the Chief of the Environmental
Planning and Local Health Services Branch, department, or the
designee of the chief, who shall serve as executive officer but who
shall not vote, and the following 10 members who are residents of the
state:
   (1) Two members appointed by the director from the California
Conference of Directors of Environmental Health who shall be
environmental health specialists with at least two years' experience
as directors of environmental health in this state.
   (2) Three members appointed by the director, each of whom shall be
a qualified, practicing environmental health specialist registered
in California for a period of five or more years.  For purposes of
this subdivision:
   (A) One member shall be employed in the public sector at the time
of appointment.
   (B) One member shall be employed in the private sector at the time
of appointment.
   (C) One member shall be from the California Environmental Health
Association.
   (3) One member appointed by the director from the California
Conference of Local Health Officers.
   (4) Two members appointed by the director from the environmental
health faculty of those California universities and colleges with
approved curricula leading to a degree in environmental health.
   (5) Two public members who have not been engaged at any time
within five years immediately preceding their appointment in pursuits
that lie within the field of environmental health or the profession
regulated by the committee of which they are members.  The Senate
Rules Committee shall appoint one public member and the Speaker of
the Assembly shall appoint one public member.
   106680.  The terms of the members of the committee first appointed
shall be determined by lot and shall expire as follows:  two members
on January 1, 1985; two members on January 1, 1986; three members on
January 1, 1987; and three members on January 1, 1988.  Thereafter,
appointments shall be for a four-year term.  Committee members may
serve no more than two successive terms.  Each member shall serve on
the committee until the appointment and qualification of his or her
successor or until one year shall have elapsed since the expiration
of the term for which he or she was appointed, whichever occurs
first.  Vacancies occurring prior to the expiration of the terms
shall be filled by appointment for the unexpired term.  The director,
upon the recommendation of the committee by a two-thirds vote, may
remove an appointee member for misconduct in office, incompetency,
neglect of duty, or other sufficient cause after due notice and
hearing.
   106685.  (a) The members of the committee shall, annually, in the
month of April, elect from their number a chairperson and a
secretary.
   (b) The committee shall meet at least twice annually and at other
times as it may determine to evaluate applications for registration
as environmental health specialists, to review and update
examinations, to prepare and recommend reports relative to the
administration of this article, and to transact all other business as
may be necessary to carry out the provisions of this article.
   (c) The committee may hold informal hearings for denial,
suspension, refusal to renew, and revocation of registrations for
environmental health specialists as provided in Section 106715.
   (d) The committee may hold informal hearings for the purpose of
administrative items, make the necessary determinations in
conjunction therewith, and issue recommendations to the department
consistent with the findings.  The department may designate the
committee to appoint one or more of its members to serve as a hearing
agent.  The agent or representatives shall conduct hearings in the
manner provided by law.
   (e) Six members of the committee shall constitute a quorum and
special meetings of the committee shall be called by the executive
officer upon written request by two members of the committee.
   (f) The members of the committee shall serve without compensation,
but shall receive their actual and necessary expenses incurred in
the performance of their duties on the committee.  However, no funds
shall be disbursed for those purposes without the prior approval of
the department.
   106690.  (a) The committee shall keep a record of its proceedings.

   (b) The department shall maintain a register of all applications
for registration and retain examination papers and records pertaining
thereto for a length of time to be determined by the department.
   (c) The department shall maintain a current registry of all
registered environmental health specialists and all environmental
health specialist trainees in the state.
   (d) Individuals registered under of this article are responsible
for assuring that the department has a current mailing address for
them.
   106695.  A registered environmental health specialist may maintain
registration under a retired biennial registration provided the
following requirements are met:
   (a) Has been a working registered environmental health specialist
in California for at least 10 years in an area covered in subdivision
(e) of Section 106615, unless receiving an on-the-job disability
before the 10 years of service as a registered environmental health
specialist has elapsed.
   (b) Is at least 50 years old or collecting retirement benefits, or
both.
   (c) Not working in a job requiring registration as an
environmental health specialist.  A person who pays a retired
biennial fee shall be registered only as an inactive retired
registered environmental health specialist.
   106700.  (a) A nonreturnable fee, shall be paid by a person for
each application for registration, application for examination, and
biennial renewal.
   (b) Fees shall not exceed the actual administrative costs of the
program.  Fees, except retired and penalty fees, shall be subject to
Section 100425.  The actual dollar figure charged shall be rounded to
the nearest whole dollar amount.  The biennial renewal fee-retired
shall be twenty-five dollars ($25).
   (c) The nonreturnable biennial renewal fee, shall be paid by each
registered environmental health specialist on or before the first day
of January of every second year, or on any other date that is
determined by the department.  Each registered environmental health
specialist registered pursuant to this article, shall first pay the
biennial fee at the time of initial registration to cover the
calendar year in which registration is acquired and the following
calendar year.  Registrations not maintained as required by this
subdivision are suspended and remain invalid during the period of
suspension.  Suspended registrations become revoked three years after
the date of suspension.  Notwithstanding the provisions of the
Government Code, the executive officer shall revoke suspended
registrations after three years from the date of suspension for
nonpayment of fees.
   (d) An additional penalty fee equal to 50 percent of the biennial
renewal fee for each year of delinquency or portion thereof shall be
paid by each person who fails to pay the fee required by subdivision
(c) within 30 days of the established due date.  All accumulated
penalty fees shall be paid prior to any revalidation of registration.

   (e) The department shall receive and account for all money
received pursuant to this article and shall deposit it with the
Treasurer who shall keep the money in a separate fund to be known as
the "Registered Environmental Health Specialist Fund," that fund is
hereby created.
   (f) Notwithstanding Section 13340 of the Government Code, funds
collected pursuant to the provisions of this article are continuously
appropriated without regard to fiscal year to pay expenses of the
department to administer the provisions of this article.
   (g) The following fees are hereby established and shall  be
annually adjusted as required by subdivision (b):
   (1) Application fee -- sixty-nine dollars ($69).
   (2) Examination fee -- sixty dollars ($60).
   (3) Biennial renewal fee -- active eighty-seven dollars ($87).
   106705.  The department upon recommendation of the committee, may,
by regulation, establish the requirement and standards for
continuing education for registered environmental health specialists.
  The standards shall be established in a manner to assure that a
variety of forms of continuing education are available to registered
environmental health specialists.
   106710.  A valid registration as an environmental health
specialist under this article shall only be issued to a person who
has:
   (a) Met the applicable education and experience requirements.
   (b) Successfully passed the examination for registration.
   (c) Submitted a complete application in accordance with Section
106630.
   (d) Paid the fees required in Section 106700.
   (e) Not committed acts specified in subdivision (a) of Section
106715.
   106715.  (a) Notwithstanding any other provisions of this article,
the department upon the recommendation of the committee may suspend,
deny, refuse to renew, or revoke a registration certificate issued
under the provisions of this article after sufficient notice and an
opportunity for a hearing and upon findings that the registered
environmental health specialist has:
   (1) Knowingly made a false statement of fact required to be
revealed in the application for registration.
   (2) Been convicted of a crime, if the crime is related to the
qualifications, functions, and duties of an environmental health
specialist.
   (3) Knowingly made a false statement of fact required to be
revealed in an application for, or renewal of, registration.
   (4) Committed an act of deceit, misrepresentation, violation of
contract, fraud, negligence, professional incompetence, or unethical
practice.
   (b) The procedure to deny, suspend, refuse to renew, or revoke an
environmental health specialist registration certificate pursuant to
this section shall be as follows:
   (1) All cases, complaints, or allegations charging a violation of
this subdivision shall be made in writing and submitted to the
department.
   (2) The department shall make a preliminary investigation by:
   (A) Obtaining copies of all pertinent written documents (laws,
reports, contacts, and correspondence).
   (B) Interviewing, in person or by telephone, of all individuals
involved with the issue.
   (3) The department shall compile the information into a
confidential case document that includes:
   (A) A description of the complaint.
   (B) A chronology of events.
   (C) Results of the interviews.
   (D) Copies of the written documents.
   (4) The case document shall be submitted to each member of the
committee requesting their recommendation whether or not the
information warrants further investigation and an informal hearing.
   (5) The department shall review committee recommendations and the
preliminary investigation findings and then decide whether to dismiss
the complaint or proceed to an informal committee hearing.
Dismissal of the charges shall be followed by a letter to both
complainant and the registered environmental health specialist
involved explaining the department's action.
   (6) If the decision is made to proceed with an informal hearing,
the department shall request the committee to appoint one or more
hearing officers to hear the case.
   (A) All parties shall be notified of the time and place of the
hearing.
   (B) An investigation of the issue may be made by an independent
professional investigator if it is felt warranted by the department
and the committee.  The investigation results shall be submitted to
the department, committee hearing officers, complainant, and
respondent prior to the hearing.
   (C) The informal hearing shall permit the right to be heard (with
an attorney, if desired) and the proceedings recorded.
   (D) Upon the finding that a violation of this section occurred,
the following disciplinary ranges may be recommended to the
department by committee:
   (i) Knowingly made a false statement of fact required to be
revealed in the application for registration.
   (I) Maximum:  Revocation.
   (II) Minimum:  Fifteen-day suspension.  Range depends on whether
or not the registration was falsely approved.
   (ii) Been convicted of a crime, if the crime is related to the
qualifications, functions, and duties of a registered environmental
health specialist.
   (I) Maximum:  Deny, refuse to renew, or revocation of
registration.
   (II) Minimum:  Ninety days actual suspension.
   (iii) Knowingly made a false statement of fact required to be
revealed in an application for, or renewal of registration.
   (I) Maximum:  Revocation.
   (II) Minimum:  Seven day actual suspension.
   (iv) Committed an act of deceit, misrepresentation, violation of
contract, fraud, negligence, professional incompetence, or unethical
practice.
   (I) Maximum:  Revocation.
   (II) Minimum:  Ninety days suspension stayed for three years on
the following conditions of probation.
   --Forty-five days actual suspension.
   --The respondent shall obey all laws and regulations related to
the practice of environmental health.
   (c) Department action to implement denial, suspension, refusal to
renew, or revocation of registration under this chapter shall be in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the department
shall have all the powers granted by that chapter.  In the event of
conflict between that chapter and this article, Chapter 5 shall
prevail.
   106720.  The department and the committee may use the following
criteria to evaluate the potential for rehabilitation or actual
rehabilitation of a person prior to denying, suspending, or revoking
registration.
   (a) The nature and severity of the act, crime, or violation under
consideration as grounds for denial, suspension, or revocation.
   (b) The time that has elapsed since commission of the act, crime,
or violation.
   (c) The extent to which the applicant has complied with any terms
of parole, probation, restitution, or other sanctions imposed upon
the applicant.
   (d) Evidence of rehabilitation or lack of rehabilitation of the
applicant.
   106725.  The department shall, upon application therefor and upon
payment of the current application and biennial renewal fees, as
determined by the department upon the recommendation of the committee
by a two-thirds vote, not to exceed one  hundred dollars ($100),
issue a certificate of registration as an environmental health
specialist to any person who holds a certificate of registration as a
sanitarian or an environmental health specialist issued by the
proper authority of any state or territory, or possession of the
United States, if the requirements for the registration of
sanitarians or environmental health specialists under which the
certificate was issued are consistent with the
                       provisions of this article and at the time the
certificate was granted were at least as stringent as those
specified in Section 106635.
   106730.  This article does not affect or replace any other
requirements or qualifications imposed pursuant to state or federal
law on persons involved in activities under subdivision (e) of
Section 106615.
   106735.  Only a person who has qualified as a registered
environmental health specialist and who holds a valid registration
certificate issued in conformance with Section 106710 for use in this
state shall have the right and privilege of using the title
"registered environmental health specialist" and to use the
abbreviation "R.E.H.S." after the person's name.  Only a person who
has qualified as a registered environmental health specialist trainee
and has a letter of acceptance issued by the department shall have
the right and privilege of using the title "registered environmental
health specialist trainee."
   Except as permitted in Section 106600 any use of the words
"registered sanitarian" or other use of the words "registered
environmental health specialist" to denote a working title is
prohibited.
   A person who violates any provision of this section is guilty of a
misdemeanor and may be fined a sum not to exceed one thousand
dollars ($1,000) or imprisoned for not more than 180 days, or both.


      Article 2.  Radon Specialists and Laboratories

   106750.  This article establishes requirements for the
certification of radon measurement laboratories, radon testing and
consulting specialists, and radon mitigation contractors.
   106755.  "Radon measurement laboratory" means a commercial
laboratory that analyzes radon detectors or tests for radon or radon
decay products.  A radon measurement laboratory shall meet the
provisions for certification of this article.
   106760.  "Radon testing and consulting specialist" means an
individual person who performs radon or radon progeny measurements in
buildings; who provides professional or expert advice on radon and
radon progeny measurements, radon entry routes, and other radon
related activities; and who is knowledgeable in the health risk
associated from exposure to radon.  A radon testing and consulting
specialist shall meet the provisions for certification of this
article.
   106765.  "Radon mitigation contractor" means an individual person,
corporation, company, or other association that repairs or alters a
building or design for the purpose, in whole or in part, of reducing
the concentration of radon in the indoor atmosphere.  A radon
mitigation contractor or the operating supervisor of the radon
mitigation contractor shall meet the provisions for certification of
this article.
   106770.  "Department" means the State Department of Health
Services.
   106775.  Except as provided in Section 106850, no person may test
for, analyze, or mitigate against, the presence of radon in any
building or on any building lot, design a radon mitigation system,
purvey radon testing equipment or radon mitigation equipment to the
general public, or represent or advertise that he or she may so test,
mitigate, or purvey, unless that person has first applied for and
obtained certification for the activity from the department pursuant
to this article, that certification has not expired or been revoked
or suspended.
   106780.  A certification issued under this article is valid for
not more than two years and shall expire on December 31 of the second
calendar year after it is issued.  The certification shall be issued
in the form and manner determined by the department.
   106785.  An application for renewal of a radon certificate shall
be filed not later than 90 days before the expiration of an existing
certification.
   106790.  The application for certification, or renewal of
certification, shall be submitted in writing on forms provided by the
department.
   106795.  The application shall be accompanied with the following:

   (a) A nonrefundable application fee in the amount provided in
Section 106805.
   (b) Written evidence that the applicant has the minimum
qualifications as required by Sections 106815 to 106855, inclusive,
to perform the activity for which certification is sought.
   106800.  Applications for more than one type of certification may
be combined and submitted as one application, if all of the
requirements for each type of certification provided in this article
are met.
   106805.  The application fees for certification are nonrefundable
and shall be in the following amounts:


     (a)  Radon Measurement Laboratory ...............  $300
     (b)  Radon Testing and Consulting Specialist ....  $100
     (c)  Radon Mitigation Contractor ................  $200

   These fees shall be deposited into the Radon Contractor
Certification Fund, that is hereby created.  The moneys in this fund
are available, upon appropriation by the Legislature, to the
department for the purposes of this article.
   106810.  The state may enter into a reciprocal agreement with any
other state under which each state recognizes the other's radon
certification program, if that other reciprocal state's program meets
this state's basic requirements.  Each reciprocal agreement shall be
published in the quarterly bulletin published pursuant to Section
106840.
   106815.  An applicant for certification under this article shall
meet the minimum qualifications in Sections 106815 to 106855,
inclusive.
   106820.  A person shall not be certified or recertified as a radon
testing and consulting specialist unless the applicant meets all of
the following qualifications:
   (a) The applicant submits written evidence of successful
completion of a minimum of 16 hours of a classroom course of study in
radon measurement meeting the standards adopted by the department.
The department shall adopt the guidelines for the classroom training
course of the National Radon Measurement Proficiency Program of the
federal Environmental Protection Agency as the standards for the
classroom course of study pursuant to Section 106855.
   (b) The applicant provides a quality assurance and quality control
program meeting the standards adopted by the department.  The
department shall adopt the guidelines for the quality assurance and
quality control program provided in the National Radon Measurement
Proficiency Program of the federal Environmental Protection Agency as
the standards for the quality assurance and quality control program
pursuant to Section 106855.
   (c) For renewal of certification, the applicant submits written
evidence of successful participation in each radon proficiency
program applicable to radon testing and consulting specialists
offered by the federal Environmental Protection Agency since the date
of the prior application for certification, or shows good cause for
not participating in each of those programs in which the applicant
did not participate.
   106825.  (a) A laboratory shall not be certified or recertified as
a radon measurement laboratory unless the laboratory complies with
the applicable requirements in Sections 106775 to 106805, inclusive.

   (b) A radon measurement laboratory certification authorizes the
laboratory to perform radon analysis utilizing only those types of
devices for which it is certified.
   (c) A laboratory shall not be certified or recertified as a radon
measurement laboratory unless the applicant meets all of the
following qualifications:
   (1) The applicant submits written evidence of successful
completion by an operating supervisor of the laboratory of a
classroom course of study in radon measurement meeting the standards
adopted by the department.  The department shall adopt the guidelines
for the classroom training course of the National Radon Measurement
Proficiency Program of the federal Environmental Protection Agency as
the standards for the classroom course of study pursuant to Section
106855.
   (2) The laboratory provides (a) quality assurance and quality
control program meeting the standards adopted by the department.  The
department shall adopt the guidelines for the quality assurance and
quality control program provided in the National Radon Measurement
Proficiency Program of the federal Environmental Protection Agency as
the standards for the quality assurance and quality control program
pursuant to Section 106855.
   (3) For renewal of certification, the applicant submits written
evidence of successful participation by the operating supervisor of
the laboratory in each radon proficiency program applicable to
radiation measurement laboratories offered by the federal
Environmental Protection Agency since the date of the prior
application for certification, or shows good cause for not
participating in each of those programs in which the applicant's
operating supervisor did not participate.
   106830.  (a) A contractor shall not be certified as a radon
mitigation contractor unless the applicant complies with the
applicable requirements in Sections 106775 to 106805, inclusive.
   (b) A contractor shall not be certified or recertified as a radon
mitigation contractor unless the applicant meets all of the following
qualifications:
   (1) The applicant submits written evidence of successful
completion of a radon contractors proficiency program meeting the
standards adopted by the department.  The department shall adopt the
guidelines for the National Radon Contractors Proficiency Program of
the federal Environmental Protection Agency as the standards for the
radon contractors proficiency program pursuant to Section 106855.
   (2) For renewal of certification, the applicant submits written
evidence of successful participation in each radon proficiency
program applicable to radon contractors offered by the federal
Environmental Protection Agency offered since the date of prior
application, or shows good cause for not participating in each of
those programs in which the applicant's operating supervisor did not
participate.
   106835.  An employee of the State of California or any employee of
an agency of the United States working in the radon program, and who
meets the experience and educational requirement for certification
in any of the categories set forth in this article, shall be
certified in that category.  A certification under this section is
valid only for purposes of that person's employment and shall not
authorize the employee to perform any private consulting within the
State of California.
   106840.  The department shall, on or before March 1, 1992, and
quarterly thereafter publish, and work with associations representing
certified radon testers and mitigators to widely disseminate, a list
of persons and entities certified under this article, and, to the
extent the information is available, the list of persons and entities
of reciprocal states that are known to operate in this state.
   106845.  This article does not apply to a person in any of the
following circumstances:
   (a) The person is testing for, or mitigating radon in a building
that the person owns or occupies.
   (b) The person is designing or constructing mitigation measures to
prevent against radon infiltration or accumulation in new
construction.
   (c) The person is performing scientific research regarding testing
or mitigation of radon, but only if the person informs the owner and
the occupant of the building of all of the following:
   (1) That the person is not certified by the department to test
for, or to mitigate against, radon.
   (2) Any test results are neither certified or valid for legal
purposes.
   (3) Any mitigation methods suggested or used are experimental.
   (d) The person or entity is purveying radon equipment that is
approved by the department for sale to the general public that is
manufactured or designed by a person or entity that is certified
under this article, or the person or entity is purveying radon
equipment to a person or entity that is certified under this article.

   106850.  A person or entity that is certified in another state,
that has a reciprocal agreement with this state pursuant to Section
106810, may conduct those activities in this state for which the
person or entity is certified in that other state.
   106855.  (a) The federal guidelines prescribed in this article
shall become state standards unless the department finds the federal
guidelines do not promote the intent and purposes of this article.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and except as
provided in subdivision (b), a federal guideline that becomes a state
standard pursuant to this article shall take effect in this state 30
days after it becomes effective as a federal guideline.
   (b) Any person who will be adversely affected by adoption of the
federal guideline in this state may, within the 30 days prior to its
becoming effective as a standard in this state, file with the
department, in writing, objections and a request for a hearing.  The
timely filing of substantial objections to the adoption of a federal
guideline that has become effective as a state standard, stays the
adoption of the federal guideline as a state standard in this state
until the department conducts a hearing and decides the issue.
   106860.  The department may revoke or suspend a certification for
any of the following reasons:
   (a) Any misstatement in the application or in any supplementary
statement.
   (b) Any condition revealed by the application, supplementary
statement, report, record, or other evidence, that would warrant the
department's refusal to grant a registration on an original
application.
   (c) A violation of any law relating to, or failure to observe any
of the applicable terms or provisions of, registration, or any other
applicable rule, regulation, code, or order adopted pursuant to this
section.
   (d) Being discontinued or removed, or having the operating
supervisor discontinued or removed, from the federal Environmental
Protection Agency's Radon and Radon Progeny Measurement Proficiency
Program or its Radon Contractors Program during the term of the
certification.

      Article 3.  Water Treatment Plant Operators

   106875.  The department shall, upon recommendation of the advisory
committee established by Section 116925, certify persons as to their
qualifications to supervise or operate water treatment plants, as
defined by Section 116920.  The certification shall indicate the
classification of water treatment plant that the person is qualified
to operate.
   106880.  After consulting with the advisory committee as to time
and place, the state department shall hold at least one examination
each year for the purpose of examining candidates for certification.

   106885.  All persons responsible for the operation of water
treatment plants shall possess a certificate, as defined by Section
116910, of appropriate grade in accordance with the regulations
referred to in Section 116950.
   106890.  It is the intent of the Legislature that the program
authorized pursuant to this article and Chapter 6 (commencing with
Section 116900) of Part 12 be entirely self-supporting, and for this
purpose the board is authorized to establish fee schedules for the
issuance and renewal of certificates that shall provide revenues that
shall not exceed the amount necessary, but shall be sufficient, to
recover all costs incurred in the administration of this article and
Chapter 6 (commencing with Section 116900) of Part 12.
   106895.  A person employed as a water treatment plant operator, as
defined by Section 116915, on the effective date of this article and
Chapter 6 (commencing with Section 116900) of Part 12 shall be
issued an appropriate certificate provided that he or she gives
evidence of competence, training, education, experience, or a
combination of the qualifications acceptable to the director as
prescribed by the regulations referred to in Section 116950.
   106900.  The director, with the approval of the advisory
committee, shall establish the criteria and standards for education
and training of existing and prospective water treatment plant
operators and shall provide the criteria and standards for use in
statewide technical education and training programs.
   106905.  All preentry and postentry educational programs shall be
tailored to the needs of all segments of the population without
respect to race, color, or creed.
   106910.  The department, with the approval of the advisory
committee, shall establish and publish criteria to classify the type
of water treatment plants with regard to plant size, character of
water and required degree of treatment, and other physical conditions
affecting treatment plants.  The department, with the approval of
the advisory committee, shall establish the level of skill,
knowledge, and experience necessary to supervise or operate
successfully water treatment facilities to protect the public health.


      Article 4.  Vector Control Technicians

   106925.  (a) Except as otherwise provided in subdivision (b) or
(h), every government agency employee who handles, applies, or
supervises the use of any pesticide for public health purposes, shall
be certified by the department as a vector control technician in at
least one of the following categories commensurate with assigned
duties, as follows:
   (1) Mosquito control.
   (2) Terrestrial invertebrate vector control.
   (3) Vertebrate vector control.
   (b) The department may establish, by regulation, exemptions from
the requirements of this section that are deemed reasonably necessary
to further the purposes of this section.
   (c) The department shall establish by regulation minimum standards
for continuing education for any government agency employee
certified under Section 116110 and regulations adopted pursuant
thereto, who handles, applies, or supervises the use of any pesticide
for public health purposes.
   (d) An official record of the completed continuing education units
shall be maintained by the department.  If a certified technician
fails to meet the requirements set forth under subdivision (c), the
department shall suspend the technician's certificate or certificates
and immediately notify the technician and the employing agency.  The
department shall establish by regulation procedures for reinstating
a suspended certificate.
   (e) The department shall charge and collect a nonreturnable
renewal fee of twenty-five dollars ($25) to be paid by each
continuing education certificant on or before the first day of July,
or on any other date that is determined by the department.  Each
person employed in a position on September 20, 1988, that requires
certification shall first pay the annual fee the first day of the
first July following that date.  All new certificants shall first pay
the annual fee the first day of the first July following their
certification.
   (f) The department shall collect and account for all money
received pursuant to this section and shall deposit it in the
Mosquitoborne Disease Surveillance Account provided for in Section
25852 of the Government Code.  Notwithstanding Section 25852 of the
Government Code, fees deposited in the Mosquitoborne Disease
Surveillance Account pursuant to this section shall be available for
expenditure upon appropriation by the Legislature to implement this
section.
   (g) Fees collected pursuant to this section shall be subject to
the annual fee increase provisions of Section 100425.
   (h) Employees of the Department of Food and Agriculture and county
agriculture departments holding, or working under the supervision of
an employee holding, a valid Qualified Applicator Certificate in
Health Related Pest Control issued by the licensing and certification
program of the Department of Food and Agriculture shall be exempt
from this section.

      Article 5.  Radiological Technologists

   106950.  Every person charged with the performance of any duty
under the laws of this State relating to the preservation of the
public health, who wilfully neglects or refuses to perform the same,
is guilty of a misdemeanor.
   106955.  No person shall operate or maintain any X-ray
fluoroscope, or other equipment or apparatus employing roentgen rays,
in the fitting of shoes or other footwear or in the viewing of bones
in the feet.  This section shall not apply to any licensed physician
and surgeon, podiatrist, chiropractor, or any person practicing a
licensed healing art, or any technician working under the direct and
immediate supervision of those persons.  Any person violating this
section shall be guilty of a misdemeanor.
   106960.  It shall be unlawful for any person to implant foreign
materials within the scalp of any other person for the purpose of
preventing or alleviating baldness.  "Foreign materials" shall
include, but shall not be limited to, synthetic fibers and strands of
human hair from another person.  A violation of this section shall
be a misdemeanor.
   This section shall not be applicable to procedures for the
transplantation of a person's own hair or to procedures for the
fixation of hairpieces, toupees, or wigs.
   106965.  (a) It shall be unlawful for any person to administer or
use diagnostic or therapeutic X-ray on human beings in this state
after July 1, 1971, unless that person has been certified or granted
a permit pursuant to subdivision (b) or (c) of Section 114870 or
pursuant to Section 114885, is acting within the scope of that
certification or permit, and is acting under the supervision of a
licentiate of the healing arts.
   (b) On and after July 15, 1993, it shall be unlawful for any
person to perform mammography in this state unless that person has a
current and valid certificate in mammographic radiologic technology
issued pursuant to subdivision (b) of Section 114870, is acting
within the scope of that certificate, and is acting under the
supervision of a licentiate of the healing arts.  Nothing in this
article shall be construed as authorizing a person licensed under the
Chiropractic Initiative Act to administer, use, or supervise the use
of mammographic X-ray equipment.
   106970.  It shall be unlawful for any person to direct, order,
assist, or abet a violation of Section 106965.
   106975.  Section 106965 shall not apply to any of the following
persons:
   (a) Licentiates of the healing arts.
   (b) Students in an approved school for radiologic technologists
and in schools of medicine, podiatry or chiropractic when the
students are operating X-ray machines under the supervision of an
instructor who is a certified radiologic technologist or a certified
supervisor or operator; and students of dentistry, dental hygiene and
dental assisting when the students are operating X-ray machines
under the supervision of an instructor who is a licensed dentist.
   (c) Any person employed by an agency of the government of the
United States while performing the duties of employment.
   (d) Persons temporarily exempted pursuant to Section 107020.
   (e) A licensed dentist; or person who, under the supervision of a
licensed dentist, operates only dental radiographic equipment for the
sole purpose of oral radiography.  This exemption applies only to
those persons who have complied with the requirements of Section 1656
of the Business and Professions Code.
   (f) A person who has been certified or granted a limited permit
pursuant to subdivision (b) or (c) of Section 114870 and who performs
dental radiography in a dental X-ray laboratory upon the written
order of a licensed dentist.
   106980.  Certification in radiologic technology pursuant to
subdivision (b) or (c) of Section 114870 shall not authorize any of
the following:
   (a) The use of diagnostic, mammographic, or therapeutic X-ray
equipment except under the supervision of a certified supervisor or
operator.
   (b) The interpretation of any radiograph or a diagnosis based upon
it.
   (c) The reporting of any diagnosis to a patient except as ordered
by a licentiate of the healing arts.
   (d) The use of any title or designation indicating or implying the
right to practice any of the healing arts.
   106985.  (a) Notwithstanding Section 2052 of the Business and
Professions Code or any other provision of law, a radiologic
technologist certified pursuant to the Radiologic Tecnology Act
(Section 27) may, under the direct supervision of a licensed
physician and surgeon, assist a licensed physician and surgeon in
completing an injection to administer contrast materials, manually or
by utilizing a mechanical injector, after the performance of
venipuncture or arterial puncture by a person authorized to perform
those tasks.
   (b) Nothing in this section shall be construed to grant radiologic
technologists the authority to perform venipuncture or arterial
puncture, or to administer contrast materials.
   (c) "Direct supervision," for purposes of this section, means the
direction of procedures authorized by this section by a licensed
physician and surgeon who shall be physically present in the room
during the performance of the procedures and actually observing the
procedures.
   106990.  A radiologic technologist certified pursuant to
subdivision (b) of Section 114870 may use the title, certified
radiologic technologist (CRT).  No other person shall use the
designation.  The department may prescribe appropriate titles for use
by categories of persons granted permits pursuant to subdivision (c)
of Section 114870 and may limit the use of the titles.
   106995.  The department shall prescribe minimum qualifications for
granting of permits and certificates in radiologic technology in any
classification, as well as continuing education requirements for
holders of these permits and certificates in order to protect the
public health and safety.
   107000.  Except as provided in Sections 107035, 107040, or 25685,
and in addition to the requirements as may be prescribed pursuant to
Section 106995, each applicant for certification as a radiologic
technologist pursuant to subdivision (b) of Section 114870 shall
submit evidence satisfactory to the department that he or she has
satisfactorily completed a course in an approved school for
radiologic technologists, or has completed a course of study and
training in radiologic technology that in the opinion of the
department is equivalent to the minimum requirements of a course in
an approved school for radiologic technologists.
   107005.  Except as provided in Section 107035, in order to be
certified as a radiologic technologist pursuant to subdivision (b) of
Section 114870, an applicant shall pass a written examination
approved by the department and
      administered by the department or by the other agency or
organization designated by the department.
   107010.  The department may accept in lieu of its own examination
a certificate of another agency or organization that certifies
radiologic technologists, provided the certificate was issued on the
basis of qualifications and an examination deemed by the department
to be reasonably equivalent to the standards established by the
department.
   107015.  The department shall certify as a radiologic technologist
any applicant who meets the requirements of the Radiologic
Technology Act (Section 27).
   107020.  The department may issue a permit authorizing the
temporary practice of radiologic technology to any applicant for
certification who has complied with the experience and education
requirements of Section 107000, 107035, 107040, or 25685, and is
awaiting examination.  A permit shall convey the same rights as a
certificate for the period for which it is issued in the
classification for the applicant is eligible, and shall be valid
until 90 days after the date of the next examination held pursuant to
Section 107025, except that if the applicant does not take the
examination the permit shall expire on the date of the examination.

   107025.  The department shall hold at least one examination each
year, for applicants for certification, at the times and places as
the department may determine.
   107030.  Not less than two months prior to the date of each
examination, the department shall cause a notice thereof to be
published in two or more newspapers of general circulation, and at
least one radiologic technologist magazine, all of which are
published within the state.
   107035.  Any officer, employee, or designated agent of the
department may enter at all reasonable times upon any private or
public property for the purpose of inspecting and determining whether
or not there is compliance with or violation of the Radiologic
Technology Act (Section 27), or of the regulations adopted pursuant
thereto, and the owner, occupant, or person in charge of the property
shall permit the entry and inspection.
   107040.  Whenever, in the judgment of the department, any person
has engaged in or is about to engage in any acts or practices that
constitute or will constitute a violation of any provision of the
Radiologic Technology Act (Section 27), or any rule, regulation, or
order issued thereunder, and at the request of the department, the
Attorney General may make application to the superior court for an
order enjoining this acts or practices, or for an order directing
compliance, and upon a showing by the department that the person has
engaged in or is about to engage in any acts or practices, a
temporary or permanent injunction, restraining order, or other order
may be granted.
   107045.  (a) The department shall approve schools for radiologic
technologists that, in the judgment of the department, will provide
instruction adequate to prepare individuals to meet requirements for
certification as radiologic technologists under the Radiologic
Technology Act (Section 27).
   (b) The department shall provide for reasonable standards for
approved schools, for procedures for obtaining and maintaining
approval, and for revocation of approval where standards are not
maintained.
   107050.  When approving a school for radiologic technologists, the
department may take into consideration accreditation, approval, or
certification of the school by other agencies or organizations if the
department finds that accreditation, approval, or certification was
granted on the basis of standards that will afford the same
protection to the public as the standards provided by the Radiologic
Technology Act (Section 27) or the regulations adopted pursuant
thereto.
   107055.  The department may inspect schools for radiologic
technologists prior to approval and at other times as it deems
necessary to determine that the purposes of the Radiologic Technology
Act (Section 27) are being met, and may require any reports from
schools as it deems necessary to carry out the purposes of the
Radiologic Technology Act (Section 27).
   107060.  The department may enter into an agreement with another
state agency to perform all or part of the functions necessary in
order to approve and maintain approval of schools for radiologic
technologists.
   107065.  Every holder of a certificate or a permit issued pursuant
to the Radiologic Tecnology Act (Section 27) may be disciplined as
provided in Sections 107065 and 107670.  The proceedings under
Sections 107065 and 107670 shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the department shall have all of
the powers granted therein.
   107070.  Certificates and permits may be denied, revoked, or
suspended by the department, for any of the following reasons:
   (a) Habitual intemperance in the use of any alcoholic beverages,
narcotics, or stimulants to the extent as to incapacitate for the
performance of professional duties.
   (b) Incompetence or gross negligence in performing radiologic
technology functions.
   (c) Conviction of practicing one of the healing arts without a
license in violation of Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code.
   (d) Procuring a certificate or permit by fraud, or
misrepresentation, or because of mistake.
   (e) Use of a designation implying certification as a radiologic
technologist by one not so certified.
   (f) Nonpayment of fees prescribed in accordance with Section
107080.
   (g) Violation of Section 106965 or 106980 or any other provision
of the Radiologic Technology Act (Section 27) or regulation of the
department.
   (h) Conviction, either within or outside of this state, of a
felony or misdemeanor involving moral turpitude, that was committed
during the performance of radiologic technology duties.  A plea or
verdict of guilty or a conviction following a plea of nolo contendere
made to a charge of a felony or misdemeanor involving moral
turpitude, that was committed during the performance of radiologic
technology duties, is deemed to be a conviction within the meaning of
this section.  However, upon recommendation of either the court that
imposed or suspended sentence of the parole or probation authority
having a person under surveillance or having discharged him or her
from surveillance that the person has responded to correctional and
rehabilitative processes to a degree that might warrant waiver of the
provisions of this section, the department may, at its discretion,
take no action pursuant to this subdivision.
   107075.  Any person who violates or aids or abets the violation of
any of the provisions of the Radiologic Technology Act (Section 27)
or regulation of the department adopted pursuant to that act is
guilty of a misdemeanor.
   107080.  (a) The application fee for any certificate or permit
issued pursuant to the Radiologic Tecnology Act (Section 27) shall be
established by the department in an amount as it deems reasonably
necessary to carry out the purpose of that act.
   (b) The fee for any examination conducted pursuant to the
Radiologic Tecnology Act (Section 27) after failure of that
examination within the previous 12 months shall be fixed by the
department in an amount it deems reasonably necessary to carry out
that act.
   (c) The annual renewal fee for each certificate or permit shall be
fixed by the department in an amount it deems reasonably necessary
to carry out the Radiologic Tecnology Act (Section 27) .
   (d) The penalty fee for renewal of any certificate or permit if
application is made after its date of expiration shall be five
dollars ($5) and shall be in addition to the fee for renewal
prescribed by subdivision (c).
   (e) The fee for a duplicate certificate or permit shall be one
dollar ($1).
   (f) No fee shall be required for a certificate or permit or a
renewal thereof except as prescribed in the Radiologic Technology Act
(Section 27).
   107085.  Failure to pay the annual fee for renewal on or before
the expiration date of the certificate or permit shall automatically
suspend the certificate or permit.  If the prescribed fee is not paid
within six months following the date, the certificate or permit
shall be revoked.  A certificate or permit revoked for nonpayment of
the renewal fee may be reinstated within five years from the time of
revocation upon payment of the penalty fee plus twice the annual
renewal fee.  If the application for reinstatement is not made within
five years from the date of suspension of the certificate or permit,
the certificate or permit shall be canceled and shall not be subject
to reinstatement.
   107090.  The department may establish a schedule of fees for
permits issued pursuant to subdivisions (c) and (e) of Section
114870, and Sections 114885 and 107115, if the revenue from the fees
is related to the costs of administering the Radiologic Technology
Act (Section 27).
   107095.  The department may establish a schedule of fees to be
paid by schools applying for approval as approved schools for
radiologic technologists and, on an annual basis, by schools that are
included on the department's list of approved schools for radiologic
technologists.
   107100.  (a) All fees payable under the Radiologic Technology Act
(Section 27) shall be collected by and paid to the department for
deposit into the Radiation Control Fund established pursuant to
Section 114980.
   (b) This section shall become operative on July 1, 1993.
   107110.  It shall be unlawful for any licentiate of the healing
arts to administer or use diagnostic, mammographic, or therapeutic
X-ray on human beings in this state after January 1, 1972, unless
that person is certified pursuant to subdivision (e) of Section
114870 or Section 114885, and is acting within the scope of that
certification.

      Article 6.  Nuclear Medicine Technology

   107115.  A licentiate of the healing arts who is certified by an
examining board in radiology recognized by the department shall be
granted a certificate to supervise the operation of X-ray machines
and to operate X-ray machines without restrictions.
   107120.  The department shall keep certificate and permit holders
apprised of significant changes in the practice of radiologic
technology and changes in regulation of the practice of radiologic
technology through a biannual report.  The report shall be furnished
to certified radiological technologists and limited permit holders
and may be furnished to appropriate licentiates of the healing arts.

   107150.  "Nuclear medicine technology" means that technology
applied under the supervision of a physician and surgeon or a
licensed clinical bioanalyst, when performing in vitro procedures,
that pertains to the utilization of radiopharmaceuticals for the
diagnosis and treatment of disease in humans and includes:  (1) the
standardization of radiopharmaceutical dosages prior to administering
the preparation of radiopharmaceutical agents in accordance with
department regulations, (2) the administration of
radiopharmaceuticals in accordance with statute or regulation, and
(3) the calibration and use of radiation detection instruments and
equipment to obtain clinical information.  Nuclear medicine
technology includes in vitro tests performed in a licensed clinical
laboratory that use a radioactive marker substance not administered
to human subjects and in vivo nuclear medicine procedures that
involve administration of a radioactive marker substance to humans.

   107155.  (a) Any person not currently licensed as a physician and
surgeon pursuant to Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code, or as a clinical
laboratory technologist, bioanalyst, or clinical chemist pursuant to
Chapter 3 (commencing with Section 1200) of Division 2 of the
Business and Professions Code, who performs nuclear medicine
technology shall be subject to the standards of competence
established by the department pursuant to this article.
   (b) Nothing in this article shall be construed to limit the
existing authority of, or scope of practice of, a physician and
surgeon, clinical laboratory technologist, bioanalyst, or clinical
chemist granted pursuant to their licenses, or to further require
persons to establish competence to perform in vitro tests.
   (c) In vitro procedures using radioactive materials shall be
performed in a licensed clinical laboratory.
   (d) This article shall not apply to any of the following persons:

   (1) Any person employed by an agency of the United States
government, while performing the duties of the employment.
   (2) A licensed clinical laboratory technologist who administers a
radioactive marker test substance to a human subject to perform a
measurement on a sample containing the radioactive marker test
substance that has been removed from the subject.
   (3) A registered pharmacist who handles radioactive drugs in
accordance with the California State Board of Pharmacy regulations
contained in the most recent version of Sections 1708.3 to 1708.8,
inclusive, of Article 2 of Chapter 17 of Title 16 of the California
Code of Regulations.
   107160.  (a) The department shall provide by regulation a schedule
of fees that shall be paid by persons applying to establish their
competence to perform nuclear medicine technology.  The revenue
derived from the fees shall be sufficient to cover all costs incurred
in the administration of this article.
   (b) The fees paid by applicants shall be adjusted annually,
pursuant to Section 100425, and the adjusted fee amounts shall be
rounded off to the nearest whole dollar.
   107165.  The establishment of a person as competent to perform
nuclear medicine technology may be denied, revoked, or suspended by
the department, for any of the following reasons:
   (a) Habitual intemperance in the use of any alcoholic beverages,
narcotics, or stimulants to an extent as to incapacitate for the
performance of professional duties.
   (b) Incompetence or negligence in performing nuclear medicine
technology functions.
   (c) Establishment of competence to perform nuclear medicine
technology by fraud, or misrepresentation, or because of mistake.
   (d) Use of a designation indicating that a person is established
by the department as competent to perform nuclear medicine technology
by a person who has not been established by the department as
competent to perform nuclear medicine technology.
   (e) Violation of the provisions of this article or regulations
adopted pursuant thereto.
   The proceedings for denial, revocation, or suspension pursuant to
this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all of the powers
granted therein.
   107170.  Any person who violates this article or any regulation
adopted pursuant thereto shall be guilty of a misdemeanor.
   107175.  The department shall enforce this article.

      Article 7.  Low-Acid Cannery Retort Operators (Reserved)
      Article 8.  Revocation Procedures (Reserved)
      PART 2.  ENVIRONMENTAL PLANNING
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  ENVIRONMENTAL EPIDEMIOLOGY (Reserved)
      PART 3.  PRODUCT SAFETY
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  CALIFORNIA HAZARDOUS SUBSTANCES ACT
      Article 1.  General Provisions and Definitions

   108100.  This chapter shall be known as the California Hazardous
Substances Act.
   108105.  Unless the provisions or the context otherwise requires,
these definitions, rules of construction, and general provisions
shall govern the construction of this chapter.
   108110.  The term "art or craft material" means any raw or
processed material or manufactured product marketed or being
represented by the manufacturer, repackager or retailer as being
suitable for use in any phase of the creation of any work of visual
or graphic art of any medium.  These mediums may include, but shall
not be limited to, paintings, drawings, prints, sculpture, ceramics,
enamels, jewelry, stained glass, plastic sculpture, photographs, and
leather and textile goods.  The term shall not include economic
poisons subject to the Federal Insecticide, Fungicide, and
Rodenticide Act (61 Stats. 163) or Chapter 2 (commencing with Section
12751) of Division 7 of the Food and Agricultural Code; or to drugs,
devices, or cosmetics, that are subject to the Federal Food, Drug
and Cosmetics Act (52 Stats. 1040) or Part 5 (commencing with Section
109875).
   108115.  "Department" means the State Department of Health
Services.
   108120.  As used in this chapter, "federal act" means the Federal
Hazardous Substances Act (74 Stats. 372; 15 U.S.C., Sec. 1261, et
seq.).
   108125.  The term "hazardous substance" means:
   (a) Any substance or mixture of substances that (1) is toxic, (2)
is corrosive, (3) is an irritant, (4) is a strong sensitizer, (5) is
flammable or combustible, or (6) generates pressure through
decomposition, heat, or other means; if the substance or mixture of
substances may cause substantial personal injury or substantial
illness during or as a proximate result of any customary or
reasonably foreseeable handling or use, including reasonably
foreseeable ingestion by children.
   (b) Any substances that the department by regulation finds
pursuant to the provisions of Section 108320 meet the requirements of
subdivision (a) of this section.
   (c) Any radioactive substance, if, with respect to the substance
as used in a particular class of article or as packaged, the
department determines by regulation that the substance is
sufficiently hazardous to require labeling in accordance with this
chapter in order to protect the public health.
   (d) Any toy or other article intended for use by children that the
department determines, by regulation, pursuant to the provisions of
Section 108320, presents an electrical, mechanical, or thermal
hazard.
   108130.  The term "hazardous substance" shall not apply to any of
the following:
   (a) Foods, drugs, or cosmetics subject to the Federal Food, Drug,
and Cosmetic Act (52 Stat. 1040) or Part 5 (commencing with Section
109875).
   (b) Substances intended for use as fuels when stored in containers
and used in the heating, cooking, or refrigeration system of a
house.
   (c) Source material, special nuclear material, or byproduct
material, as defined in the Atomic Energy Act of 1954 (68 Stat. 919),
as amended, and regulations issued pursuant thereto by the Atomic
Energy Commission.
   (d) Fertilizing materials regulated by Chapter 5 (commencing with
Section 14501) of Division 7 of the Food and Agricultural Code.
   (e) Livestock remedies regulated by Chapter 4 (commencing with
Section 14200) of Division 7 of the Food and Agricultural Code.
   (f) Economic poisons regulated by Chapter 2 (commencing with
Section 12751) of Division 7 of the Food and Agricultural Code,
except as provided in Section 108135.
   (g) Economic poisons subject to the Federal Insecticide,
Fungicide, and Rodenticide Act (61 Stat. 163), except as provided in
Section 108135.
   (h) Injurious substances as defined and regulated by Article 112
(commencing with Section 5225) of Group 16 of Subchapter 7 of Chapter
4 of Title 8 of the California Code of Regulations.
   108135.  The term "hazardous substance" shall apply to any article
that is not itself an economic poison within the meaning of the
Federal Insecticide, Fungicide and Rodenticide Act or Chapter 2
(commencing with Section 12751) of Division 7, of the Food and
Agricultural Code, but that is a hazardous substance within the
meaning of Section 108125 by reason of bearing or containing an
economic poison.
   108140.  The term "human carcinogen" means any substance listed as
a human carcinogen by the International Agency for Research on
Cancer.
   The term "potential human carcinogen" means one of the following:

   (1) Any substance that does not meet the definition of human
carcinogen, but for which there exists sufficient evidence of
carcinogenicity in animals, as determined by the International Agency
for Research on Cancer.
   (2) Any chemical shown to be changed by the human body into a
human carcinogen.
   108145.  The term "toxic" shall apply to any substance, other than
a radioactive substance, that has the capacity to produce personal
injury or illness to man through ingestion, inhalation, or absorption
through any body surface.
   108150.  The term "toxic substance causing chronic illness" means
any of the following:
   (1) Human carcinogens.
   (2) Potential human carcinogens.
   (3) Any substance included in the list of hazardous substances
prepared by the Director of Industrial Relations, pursuant to Section
6382 of the Labor Code, notwithstanding exemptions made for
substances on the list that are used in particular forms,
circumstances, or concentrations, if the health hazard presented by
the substance is not the subject of label statements required by
federal law.
   108155. "Highly toxic" means any substance that falls within any
of the following categories:
   (a) Produces death within 14 days in half or more than half of a
group of 10 or more laboratory white rats each weighing between 200
and 300 grams, at a single dose of 50 milligrams or less per kilogram
of body weight, when orally administered.
   (b) Produces death within 14 days in half or more than half of a
group of 10 or more laboratory white rats each weighing between 200
and 300 grams, when inhaled continuously for a period of one hour or
less at an atmospheric concentration of 200 parts per million by
volume or less of gas or vapor or two milligrams per liter by volume
or less of mist or dust, provided the concentration is likely to be
encountered by man when the substance is used in any reasonably
foreseeable manner.
   (c) Produces death within 14 days in half or more than half of a
group of 10 or more rabbits tested in a dosage of 200 milligrams or
less per kilogram of body weight, when administered by continuous
contact with the bare skin for 24 hours or less.
   108160.  If the department finds that available data on human
experience with any substance indicate results different from those
obtained on animals with the dosages or concentrations stated in
Section 108155, the human data shall take precedence.
   108165.  "Corrosive" means any substance which in contact with
living tissue will cause destruction of tissue by chemical action;
but shall not refer to action on inanimate surfaces.
   108170.  "Irritant" means any substance not corrosive within the
meaning of Section 108165 that on immediate, prolonged, or repeated
contact with normal living tissue will induce a local inflammatory
reaction.
   108175.  "Strong sensitizer" means a substance that will cause on
normal living tissue through an allergic or photodynamic process a
hypersensitivity that becomes evident on reapplication of the same
substance and that is designated by the department.  Before
designating any substance as a strong sensitizer, the department,
upon consideration of the frequency of occurrence and severity of the
reaction, shall find that the substance has a significant potential
for causing hypersensitivity.
   108180.  The term "extremely flammable" shall apply to any
substance that has a flashpoint at or below 20 degrees Fahrenheit, as
determined by the Tagliabue open-cup tester, the term "flammable" or
"combustible" shall apply to any substance that has a flashpoint of
above 20 degrees to and including 80 degrees Fahrenheit, as
determined by the Tagliabue open-cup tester, and the term
"combustible" shall apply to any substance that has a flashpoint
above 80 degrees Fahrenheit to and including 150 degrees, as
determined by the Tagliabue open-cup tester; except that the
flammability or combustibility of solids and of the contents of
self-pressurized containers shall be determined by methods found by
the department to be generally applicable to the materials or
containers, respectively, and established by regulations issued by
it, which regulations shall also define the terms "flammable" and
"combustible" and "extremely flammable" in accord with those methods.

   108185.  "Radioactive substance" means a substance that emits
ionizing radiation.
   108190.  "Label" means a display of written, printed, or graphic
matter upon the immediate container of any substance or, in the case
of an article that is unpackaged or is not packaged in an immediate
container intended or suitable for delivery to the ultimate consumer,
a display of the matter directly upon the article involved, or upon
a tag or other suitable material affixed thereto, and a requirement
made by, or pursuant to, this chapter that any word, statement, or
other information appear on the label shall not be considered to be
complied with unless the word, statement, or other information also
appears (a) on the outside container or wrapper, if any there be,
unless it is easily legible through the outside container or wrapper
and (b) on all accompanying literature where there are directions for
use, written or otherwise.
   108195.  The term "immediate container" does not include package
liners.
   108200.  The term "misbranded hazardous substance" means a
hazardous substance (including a toy or other article intended for
use by children, that is a hazardous substance, or that bears or
contains a hazardous substance in the manner as to be susceptible of
access by a child to whom the toy or other article is entrusted)
intended, or packaged in a form suitable for use in the household or
by children if the packaging or labeling of the substance is in
violation of an applicable regulation issued pursuant to Section
108685 or 108700, or if the substance, except as otherwise provided
by, or pursuant to, Section 108320, 108355, or 108360, fails to bear
a label that states conspicuously, as prescribed in Chapter 8
(commencing with Section 108800):  (1) the name and place of business
of the manufacturer, packer, distributor, or seller; (2) the common
or usual name or the chemical name, if there be no common or usual
name, of the hazardous substance or of each component that
contributes substantially to its hazard, unless the department by
regulation permits or requires the use of a recognized
                             generic name; (3) the signal word
"DANGER" on substances that are extremely flammable, corrosive, or
highly toxic; (4) the signal word "WARNING" or "CAUTION" on all other
hazardous substances; (5) an affirmative statement of the principal
hazard or hazards, such as "Flammable," "Combustible," "Vapor
harmful," "Causes burns," "Absorbed through skin," or similar wording
descriptive of the hazard; (6) precautionary measures describing the
action to be followed or avoided, except when modified by the
department pursuant to Section 108320, 108325, 108330, 108355, or
108360; (7) instructions, when necessary or appropriate, for first
aid treatment; (8) the word "Poison" for any hazardous substance that
is defined as "highly toxic" by Section 108155; (9) instructions for
handling and storage of packages that require special care in
handling or storage; and (10) the statement "Keep out of the reach of
children," or its practical equivalent, or if the article is
intended for use by children and is not a banned hazardous substance,
adequate direction for the protection of children from the hazard.
The term "misbranded hazardous substance" also includes a household
substance as defined in subdivision (b) of Section 108680 if it is a
substance described in Section 108125 and its packaging or labeling
is in violation of an applicable regulation issued pursuant to
Section 108685 or 108700.
   108205.  The term "banned hazardous substance" means either:
   (a) Any toy, or other article intended for use by children, that
is a hazardous substance, or that bears or contains a hazardous
substance in the manner as to be susceptible of access by a child to
whom the toy or other article is entrusted.
   (b) Any hazardous substance intended or packaged in a form
suitable, for use in the household, that the department by regulation
classifies as a "banned hazardous substance" on the basis of a
finding that, notwithstanding the cautionary labeling as is or may be
required under this chapter for that substance, the degree or nature
of the hazard involved in the presence or use of that substance in
households is that the objective of the protection of the public
health and safety can be adequately served only by keeping that
substance, when so intended or packaged, out of the channels of
intrastate commerce.
   108210.  (a) An article may be determined to present an electrical
hazard if, in normal use or when subjected to reasonably foreseeable
damage or abuse, its design or manufacture may cause personal injury
or illness by electric shock.
   (b) An article may be determined to present a mechanical hazard
if, in normal use or when subjected to reasonably foreseeable damage
or abuse, its design or manufacture presents an unreasonable risk of
personal injury or illness from any of the following:
   (1) Fracture, fragmentation, or disassembly of the article.
   (2) Propulsion of the article or any part or accessory thereof.
   (3) Points or other protrusions, surfaces, edges, openings, or
closures.
   (4) Moving parts.
   (5) Lack or insufficiency of controls to reduce or stop motion.
   (6) As a result of self-adhering characteristics of the article.
   (7) Because the article, or any part or accessory thereof, may be
aspirated or ingested.
   (8) Because of instability.
   (9) Because of any other aspect of the article's design or
manufacture.
   (c) An article may be determined to present a thermal hazard if,
in normal use or when subjected to reasonably foreseeable damage or
abuse, its design or manufacture presents an unreasonable risk of
personal injury or illness because of heat as from heated parts,
substances, or surfaces.
   108215.  The department, by regulation, shall exempt from
subdivision (a) of Section 108205 (1) articles such as chemical sets,
that by reason of their functional purpose require the inclusion of
the hazardous substance involved or necessarily present an
electrical, mechanical, or thermal hazard and that bear labeling
giving adequate directions and warnings for safe use and are intended
for use by children who have attained sufficient maturity, and may
reasonably be expected to read and heed the directions and warnings
and (2) fireworks subject to control under Part 2 (commencing with
Section 12500) of Division 11.
   108220.  Proceedings for the issuance, amendment, or repeal of
regulations pursuant to subdivision (b) of Section 108205 and Section
108215 shall be in the manner prescribed in Section 108335.  If the
department, however, finds that the distribution for household use of
the hazardous substance involved presents an imminent hazard to the
public health, it may by order publish a notice of the findings, and
thereupon the substance when intended or offered for household use or
when so packaged as to be suitable for that use shall be deemed to
be a "banned hazardous substance" pending the completion of
proceedings relating to the issuance of the regulations.
   108225.  Notwithstanding any other provision of this chapter, no
substance or article shall be deemed to violate any provision of this
chapter except Article 6 (commencing with Section 108500), if the
substance or article complies with federal law.

      Article 2.  Articles For Children

   108230.  A determination by the department that a toy or other
article intended for use by children presents an electrical,
mechanical, or thermal hazard shall be made by regulation.
   108235.  If, before or during the making of a determination
pursuant to Section 108230, the department finds that, because of an
electrical, mechanical, or thermal hazard, distribution of the toy or
other article involved presents an imminent hazard to the public
health and the department by regulation gives notice of the finding,
the toy or other article shall be deemed to be a banned hazardous
substance for purposes of this chapter until the proceeding has been
completed.  If not yet initiated when the regulation is adopted, a
proceeding shall be initiated as promptly as possible.

      Article 3.  Prohibitions

   108240.  The manufacture, production, preparation, compounding,
packing, selling, offering for sale, or keeping for sale within the
State of California, or the introduction into this state from any
other state, territory, or the District of Columbia, or from any
foreign country, of any package of a misbranded hazardous substance
or banned hazardous substance is prohibited.
   108245.  Any person who imports or receives from any other state
or territory or the District of Columbia or from any foreign country,
or who having so received delivers for pay or otherwise or offers to
deliver to any other person, any misbranded hazardous substance or
banned hazardous substance or any person who shall manufacture or
produce, prepare or compound, or pack or sell, or offer for sale, or
keep for sale in the State of California any misbranded hazardous
substance or banned hazardous substance, shall be guilty of a
misdemeanor punishable as provided in Section 108295.
   108250.  The packing, selling, offering for sale, or keeping for
sale of a hazardous substance in a reused food, drug, or cosmetic
container or in a container that, though not a reused container, is
identifiable as a food, drug, or cosmetic container by its labeling
or by other identification, is unlawful.  Such an act shall result in
the hazardous substance being in a misbranded package.  As used in
this section, the terms "cosmetic," "drug" and "food" shall have the
same meaning as in Chapter 1 (commencing with Section 109875) of Part
5.
   108255.  The  department may by regulation prohibit the use of any
other container for hazardous substances if it determines that the
container may be mistaken for a food, drug, or cosmetic container and
has a closure that presents a health hazard due to ease of opening.

   108260.  The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of, or the doing of
any other act with respect to a hazardous substance is unlawful if
the act results in the article being a misbranded hazardous substance
or banned hazardous substance.
   108265.  It shall be unlawful to refuse to permit entry or
inspection authorized by Section 108370 or to permit access to and
copying of any record as authorized by Section 108300.
   108270.  No person shall be prosecuted under this chapter if,
after receipt of a hazardous substance, he or she can establish a
guarantee or undertaking signed by, and containing the name and
address of, the person residing in the United States from whom he or
she received in good faith the hazardous substance, to the effect
that the hazardous substance is not a misbranded hazardous substance
or a banned hazardous substance within the meaning of these terms, as
defined by this chapter.
   108275.  If the guarantee is to the effect that the article is not
misbranded or banned within the meaning of the Federal Hazardous
Substances Act (Public Law 86-813, 74 Stat. 372), it shall be
sufficient for all the purposes of this chapter and have the same
force and effect as though it referred to this chapter whether given
by a person residing in the United States or elsewhere.
   108280.  The giving of a guarantee referred to in Section 108270
that is false, is prohibited, except by a person who relied upon a
guarantee to the same effect signed by, and containing the name and
address of, the person residing in the United States from whom he or
she received in good faith the hazardous substance.
   108285.  No person shall be prosecuted under this chapter if the
hazardous substance is shipped or delivered for shipment for export
to any foreign country, in a package marked for export on the outside
of the shipping container and labeled in accordance with the
specifications of the foreign purchaser and in accordance with the
laws of the foreign country, but if the hazardous substance is sold
or offered for sale in domestic commerce, this section shall not
apply.
   108290.  The use by any person to his or her own advantage, or
revealing other than to the department or any agent of the department
or to the courts when relevant in any judicial proceeding under this
chapter, of any information acquired under authority of this chapter
concerning any method of process that as a trade secret is entitled
to protection is prohibited.
   108295.  Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than fifty dollars ($50) or more than
one thousand dollars ($1,000), or by imprisonment in the county jail
for a term not exceeding six months, or by both fine and
imprisonment.
   If the violation is committed with intent to defraud or mislead,
or after a conviction of the person under this section has become
final, the person shall be subject to imprisonment for not more than
one year in the county jail, or a fine of not more than two thousand
dollars ($2,000), or both the imprisonment and fine.
   108300.  For the purpose of enforcing this chapter, carriers
engaged in commerce, and persons receiving or holding hazardous
substances shall upon the request of an agent of the department,
permit the agent, at reasonable times, to have access to and to copy
all records showing the movement of any hazardous substance, or the
holding thereof during or after the movement, and the quantity,
shipper, and consignee thereof, provided, that evidence obtained
under this section shall not be used in a criminal prosecution of the
person from whom obtained, provided, further, that carriers shall
not be subject to this chapter by reason of their receipt, carriage,
holding, or delivery of hazardous substances in the usual course of
business as carriers.
   As used in this section, "carrier" means a person engaged in
transporting property from one place to another and who has no other
interest in the ownership of the property.
   108305.  Before any violation of this chapter is reported to the
district attorney of the county, or the prosecuting officer of the
city, for institution of a criminal proceeding the person against
whom the proceeding is contemplated may be given appropriate notice
and an opportunity to present his or her view, either orally or in
writing, with regard to each contemplated proceeding.

      Article 4.  Repurchase

   108310.  As under this article:
   (a) "Manufacturer" includes an importer for resale.
   (b) A dealer who sells at wholesale an article or substance shall,
with respect to that sale, be considered the distributor of that
article or substance.
   108315.  In the case of any article or substance sold on or after
the effective date of this section by its manufacturer, distributor,
or dealer that is a banned hazardous substance, whether or not it was
at the time of its sale, the article or substance shall, in
accordance with regulations of the department, be repurchased as
follows:
   (a) The manufacturer of any such article or substance shall
repurchase it from the person to whom he or she sold it, and shall do
the following:
   (1) Refund that person the purchase price paid for the article or
substance.
   (2) If that person has repurchased the article or substance
pursuant to subdivision (b) or (c) reimburse him or her for any
amounts paid in accordance with subdivision (b) or (c) for the return
of the article or substance in connection with its repurchase.
   (3) If the manufacturer requires the return of the article or
substance in connection with his or her repurchase of it in
accordance with this subdivision, reimburse that person for any
reasonable and necessary expenses incurred in returning it to the
manufacturer.
   (b) The distributor of any article or substance shall repurchase
it from the person to whom he or she sold it, and shall do the
following:
   (1) Refund that person the purchase price paid for the article or
substance.
   (2) If that person has repurchased the article or substance
pursuant to subdivision (c), reimburse him or her for any amounts
paid in accordance with that subdivision for the return of the
article or substance in connection with its repurchase.
   (3) If the distributor requires the return of the article or
substance in connection with his or her repurchase of it in
accordance with this subdivision, reimburse that person for any
reasonable and necessary expenses incurred in returning it to the
distributor.
   (c) In the case of any article or substance sold at retail by a
dealer, if the person who purchased it from the dealer returns it to
him or her, the dealer shall refund the purchaser the purchase price
paid for it and reimburse him or her for any reasonable and necessary
transportation charges incurred in its return.

      Article 5.  Administration

   108320.  The department may adopt regulations regarding hazardous
substances as it determines are necessary to adequately enforce and
administer this chapter.  Any violation of the regulations shall be
deemed to be a violation of this chapter.
   108325.  Whenever in the judgment of the department the action
will promote the objectives of this chapter by avoiding or resolving
uncertainty as to its application, the department may by regulation
declare to be a hazardous substance, for the purpose of this chapter,
any substance or mixture of substances that it finds meet the
requirements of Section 108125.
   108330.  If the department finds that the requirements of Section
108200 are not adequate for the protection of the public health and
safety in view of the special hazard presented by any particular
hazardous substance, it may by regulation establish reasonable
variations or additional label requirements as it finds necessary for
the protection of the public health and safety; and any hazardous
substance intended, or packaged in a form suitable, for use in the
household or by children, that fails to bear a label in accordance
with regulations shall be deemed to be a misbranded hazardous
substance.
   108335.  The regulations shall be adopted by the department in the
manner prescribed by Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.  The
regulations shall conform as nearly as practicable with regulations
promulgated by the United States Department of Health, Education, and
Welfare, Food and Drug Administration.
   108340.  To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
regulations adopted pursuant to the federal act that are in effect
on the effective date of this section or that are adopted on or after
the date are the hazardous substances regulations of this state.
   108345.  A federal regulation adopted pursuant to this chapter
takes effect in this state 30 days after it becomes effective as a
federal regulation.  Any person who will be adversely affected by
adoption of a federal regulation in this state may, within the 30
days prior to its becoming effective in this state, file with the
state department, in writing, objections and a request for a hearing.
  The timely filing of substantial objections to a regulation that
has become effective under the federal act, stays the adoption of the
regulation in this state.
   108350.  If substantial objections are made to a federal
regulation within 30 days prior to its becoming effective in this
state or to a proposed regulation within 30 days after it is
published, the state department, after notice, shall conduct a public
hearing to receive evidence on issues raised by the objections.  Any
interested person or his or her representatives shall be heard.  The
state department shall act upon objections by order and shall mail
the order to objectors by certified mail as soon after the hearing as
practicable.  The order shall be based on evidence contained in the
record of the hearing.  If the order concerns a federal regulation,
the state department may adopt, rescind, or modify it.  If the order
concerns a proposed regulation, the state department may withdraw it
or set an effective date for the regulation as published or as
modified by the order.  The effective date shall be at least 60 days
after publication of the order.
   108355.  If the department finds that, because of the size of the
package involved or because of the minor hazard presented by the
substance contained therein, or for other good and sufficient
reasons, full compliance with the labeling requirements otherwise
applicable under this chapter is impracticable or is not necessary
for the adequate protection of the public health and safety, the
department may exempt the substance from these requirements to the
extent it determines to be consistent with adequate protection of the
public health and safety.
   108360.  The department may exempt from the requirements
established by, or pursuant to, this chapter any container of a
hazardous substance with respect to which it finds that adequate
requirements satisfying the purposes of this chapter have been
established by, or pursuant to, any other law enacted by the
Legislature.
   108365.  The department may appoint agents as it may deem
necessary.
   108370.  The department or its duly authorized agent shall have
free access to all reasonable hours to any factory, warehouse, or
establishment in which hazardous substances are manufactured,
processed, packed, or held for introduction into commerce, or to
enter any vehicle being used to transport or hold hazardous
substances, in commerce, for either of the following purposes:
   (a) Inspecting the factory, warehouse, establishment, or vehicle
to determine if any of the provisions of this chapter are being
violated.
   (b) To secure samples or specimens of any hazardous substances.
If the agent obtains any sample, prior to leaving the premises, he or
she shall give to the owner, operator, or agent in charge a receipt
describing the samples obtained.  If an analysis is made of the
sample, a copy of the results of the analysis shall be furnished
promptly to the owner, operator, or agent in charge.
   108375.  Whenever a duly authorized agent of the department finds,
or has probable cause to believe, that any hazardous substance is so
misbranded as to be dangerous or fraudulent or is a banned hazardous
substance, he or she shall affix to the article a tag or other
appropriate marking, giving notice that the article is, or is
suspected of being, misbranded and has been detained or quarantined,
and warning all persons not to remove or dispose of the article by
sale or otherwise until permission for removal or disposal is given
by the department or the court.
   108380.  Whenever the findings of the department show, after
investigation and examination, that any hazardous substance found in
the possession of any person is misbranded, or banned, the hazardous
substance may be seized and quarantined.
   108385.  A hazardous substance found to be misbranded, or to be a
banned hazardous substance may, by order of a court or judge, or in
the absence of the order, with the written consent of the owner
thereof, be seized or destroyed.
   108390.  When a misbranded hazardous substance or a banned
hazardous substance is detained or quarantined under this article,
the department shall commence proceedings in the name of the people
of the State of California against the article in the superior court
of the county or city and county in which the article is detained or
quarantined by petitioning the court for a judgment to forfeit,
condemn, and destroy the article.  Upon the filing of the petition,
the clerk of the court shall fix a time and place for the hearing
thereof, and cause notices thereof to be prepared notifying all
persons who may claim an interest in the article of the time and
place of the hearing.  A copy of the petition and notice shall be
posted for 14 days in at least three public places in the city or
city and county where the court is held, and in a conspicuous place
where the article is detained or quarantined.  A copy of the petition
and notice shall also be served upon each person in possession of
the article and on each owner or claimant whose name and address is
known.  The service may be made by personal service or by registered
mail by mailing a copy of the notice and petition by registered mail
to the last known address of the person.  At any time prior to the
date of the hearing any person in possession of the article, or owner
thereof or claimant thereto, may file an answer that may include a
prayer for a judgment of release of the article or relief in
accordance with Sections 108400 and 108405.  At the time set for the
hearing, the court shall commence to hear and determine the
proceeding, but may, for good cause shown, continue the hearing to a
day certain; provided, the court shall finally determine all the
issues presented by the petition.
   108395.  If the court finds that a detained or quarantined article
is misbranded, after entry of the decree the article shall be
destroyed at the expense of the claimant thereof, under the
supervision of the agent of the department.  All court costs and
fees, and storage and other proper expenses, shall be taxed against
the claimant of the article or his or her agent.
   108400.  If the misbranding can be corrected by proper labeling or
processing of the article, after entry of the decree and after
costs, fees, and expenses have been paid and a good and sufficient
bond, conditioned that the article shall be so labeled or processed,
has been executed, the court may by order direct that the article be
delivered to the claimant thereof for the labeling or processing
under the supervision of an agent of the department.  The expense of
the supervision shall be paid by the claimant.
   108405.  The bond shall be returned to the claimant of the article
on representation to the court by the department that the article is
no longer in violation of this chapter, and that the expenses of the
supervision have been paid.
   108410.  The department shall cause to be published from time to
time reports summarizing any judgments, decrees, or court orders that
have been rendered under this chapter, including the nature of the
charge and the disposition thereof.
   The department shall also cause to be disseminated information
regarding hazardous substances in situations involving, in the
opinion of the department, imminent danger to health.  Nothing in
this section shall be construed to prohibit the department from
collecting, reporting, and illustrating the results of the
investigations of the department.
   108415.  In addition to the remedies heretofore provided, the
department is hereby authorized to bring an action in superior court
and the court shall have jurisdiction upon hearing and for cause
shown, to grant a temporary or permanent injunction restraining any
person from violating any provision of this chapter.  Any proceeding
under this section shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the department shall not be required to
allege facts necessary to show or tending to show lack of adequate
remedy at law or to show or tending to show irreparable damage or
loss.
   108420.  If any provision of this chapter is declared
unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality of the remainder
of the chapter and the applicability thereof to other persons and
circumstances shall not be affected thereby.

      Article 6.  Art or Craft Materials

   108500.  For the purposes of this article, an art or craft
material shall be presumed to contain an ingredient that is a toxic
substance causing chronic illness if the ingredient, whether an
intentional ingredient or an impurity, is 1 percent or more by weight
of the mixture  or product, or if the department determines that the
toxic or carcinogenic properties of the art or craft material are
such that labeling is necessary for the adequate protection of the
public health and safety.
   108505.  The Legislature finds and declares that there exists a
significant danger to the public health and safety from exposure to
art or craft material that contains toxic chemicals.  This health
risk threatens not only professional artists and craftspersons, but
art teachers, students at every educational level, hobbyists, and
children.  Toxic substances may be employed during the course and
scope of creating art or craft objects of all varieties.
                                                       The
Legislature additionally finds and declares that present labeling of
ingredients and hazards of art or craft material is insufficient to
adequately protect the consumers of this state from chronic adverse
health effects.  Because many persons do not know what toxic chemical
substances they work with, proper precautionary actions cannot be
taken.  Disclosure of toxic ingredients, their possible adverse
effects on health, and instructions for safe handling, will
substantially minimize unnecessary exposure to excessive risk.
   Additionally, the Legislature finds and declares that it is
consistent to impose upon those who manufacture, repackage,
distribute, and sell art or craft material a duty to convey to
consumers information about the potential health hazards of the
products they manufacture.
   Therefore, the Legislature intends by this article to ensure that
consumers be provided information concerning the nature of the toxic
substances with which they are working and the known and suspected
health hazards of these substances, and to ensure the uniformity of
labeling standards, so that materials with similar hazards also have
essentially similar labels.
   108510.  No person shall distribute, sell, offer for sale, or
expose for sale any art or craft material containing toxic substances
causing chronic illness on which the person:
   (a) Has failed to affix a conspicuous label containing the signal
word "WARNING," to alert users of potential adverse health effects.
   (b) Has failed to affix a conspicuous label warning of the
health-related dangers of the art or craft material.
   (1) If the product contains a human carcinogen, the warning shall
contain the statement:  "CANCER HAZARD!  Overexposure may create
cancer risk."
   (2) If the product contains a potential human carcinogen, and does
not contain a human carcinogen, the warning shall contain the
statement:  "POSSIBLE CANCER HAZARD!  Overexposure might create
cancer risk."
   (3) If the product contains a toxic substance causing chronic
illness, the warning shall contain, but not be limited to, the
following statement or statements where applicable:
   (A) May cause sterility or damage to reproductive organs.
   (B) May cause birth defects or harm to developing fetus.
   (C) May be excreted in human milk causing harm to nursing infant.

   (D) May cause central nervous system depression or injury.
   (E) May cause numbness or weakness in the extremities.
   (F) Overexposure may cause damage to (specify organ).
   (G) Heating above (specify degrees) may cause hazardous
decomposition products.
   (4) If a product contains more than one chronically toxic
substance, or if a single substance can cause more than one chronic
health effect, the required statements may be combined into one
warning statement.
   (c) Has failed to affix on the label a list of ingredients that
are toxic substances causing chronic illness.
   (d) Has failed to affix on the label a statement or statements of
safe use and storage instructions, conforming to the following list.
The label shall contain, but not be limited to, as many of the
following risk statements as are applicable:
   (1) Keep out of reach of children.
   (2) When using, do not eat, drink, or smoke.
   (3) Wash hands after use and before eating, drinking, or smoking.

   (4) Keep container tightly closed.
   (5) Store in well ventilated area.
   (6) Avoid contact with skin.
   (7) Wear protective clothing (specify type).
   (8) Wear NIOSH certified masks for dusts, mists, or fumes.
   (9) Wear NIOSH certified respirator with appropriate cartridge for
(specify type).
   (10) Wear NIOSH certified supplied-air respirator.
   (11) Use window exhaust fan to remove vapors and assure adequate
ventilation (specify explosion proof if necessary).
   (12) Use local exhaust hood (specify type).
   (13) Do not heat above (specify degrees) without adequate
ventilation.
   (14) Do not use or mix with (specify material).
   (e) Has failed to affix on the label a statement on where to
obtain more information, such as "call your local poison control
center for more health information."
   (f) Has failed to affix on the label the name and address of the
manufacturer.
   (g) If all of the above information cannot fit on the package
label, a package insert shall be required to convey all the necessary
information to the consumer.  In this event, the label shall contain
a statement to refer to the package insert, such as "CAUTION:  see
package insert before use."  For purposes of this section, "package
insert" means a display of written, printed, or graphic matter upon a
leaflet or suitable material accompanying the art supply.  The
language on this insert shall be nontechnical and nonpromotional in
tone and content.
   Art or craft material offered for sale in containers that contain
less than one fluid ounce (30 milliliters) or one ounce net (29
grams) shall be deemed to comply with this section if there is
affixed on the container a precautionary label that includes the
words "USE WITH CAUTION:  Contains Hazardous Substances."
   The requirements set forth in subdivisions (a) to (g), inclusive,
shall not be considered to be complied with unless the required
words, statements, or other information appear on the outside
container or wrapper, or on a package insert that is easily legible
through the outside container or wrapper and is painted in a color in
contrast with the product or the package containing the product.
   (h) Pursuant to Section 108355, the department may exempt a
material from full compliance with this article.  In considering this
exemption, the department shall take into consideration the
potential for reasonably foreseeable misuse of a material by a child.

   (i) If an art or craft material complies with labeling standards
D-4236 of the American Society for Testing and Materials (ASTM), the
material complies with the provisions of this article, unless the
department determines that the label on an art or craft material does
not satisfy the purposes of this article.
   108515.  (a) The manufacturer of any art or craft material sold,
distributed, offered for sale, or exposed for sale in this state
shall supply to a national poison control network approved by the
director the formulation information required by that network for
dissemination to poison control centers.  Failure to file formulation
information with an approved poison control network is a violation
of this chapter.
   (b) The requirements set forth in Section 108510 shall not be
considered to be complied with unless all required words, statements,
or other information accompany art or craft materials from
manufacturer to consumer, not excluding any distributor, packager,
repackager, or retailer.

      CHAPTER 5.  CONSUMER PRODUCTS
      Article 1.  Water Heater Warning Labels

   108525.  A warning label shall be affixed near the thermostat of
all new water heaters to be sold in the state for residential use.
This warning shall read as follows:
   "Warning:  Setting of the water heater thermostat in excess of 130
degrees Fahrenheit or 54 degrees centigrade may cause accidental
scalding or other injury, particularly to children or elderly
persons."
   The Legislature does not intend by the enactment of this section
to impose any duty on public utilities to affix this warning label or
otherwise warn their customers relative to existing water heaters.


      Article 2.  Toy Safety

   108550.  "Toy," as used in this article, means an article designed
and made for the amusement of a child or for his or her use in play.

   108555.  (a) No person shall manufacture, sell, or exchange, have
in his or her possession with intent to sell or exchange, or expose
or offer for sale or exchange to any retailer, any toy that is
contaminated with any toxic substance or that is any of the
following:
   (1) Is coated with paints and lacquers containing compounds of
lead of which the lead content (calculated as Pb) is in excess of
that permitted by federal regulations contained in Section 1500.17 of
Title 16 of the Code of Federal Regulations adopted pursuant to the
Federal Hazardous Substances Act, Chapter 30 (commencing with Section
1261) of Title 15 of the United States Code, or soluble compounds of
antimony, arsenic, cadmium, mercury, selenium or barium, introduced
as such.  Compounds shall be considered soluble if quantities in
excess of 0.1 percent are dissolved by 5 percent hydrochloric acid
after stirring for 10 minutes at room temperature.
   (2) Consists in whole or in part of a diseased, contaminated,
filthy, putrid, or decomposed substance.
   (3) Has been produced, prepared, packed, shipped, or held under
unsanitary or other conditions whereby it may have become
contaminated with filth or hazardous materials or otherwise rendered
injurious to health.
   (4) Is stuffed, padded, or lined with materials that are toxic or
that would otherwise be hazardous if ingested, inhaled, or contacted.

   (5) Is a stuffed, padded, or lined toy that is not securely
wrapped or packaged.
   (b) The department and local health officers shall enforce this
article.
   (c) Violation of this section is a misdemeanor punishable by a
fine not exceeding one thousand dollars ($1,000) for each violation
or by imprisonment in the county jail for a period not exceeding one
year, or both.
   108560.  (a) All toys offered for sale or exchange, shall contain
a label with the name and place of business of the manufacturer,
distributor, or importer in the United States.
   (b) It is unlawful to fail to provide any information required by
this section upon the request of the department.
   108565.  (a) Whenever a duly authorized representative of the
department or a local health officer finds, or has probable cause to
believe, that any toy is or would be in violation of this article, he
or she shall affix to the toy or a component thereof a tag or other
appropriate marking, and shall give notice that the toy is suspected
of being in violation of this article, that the toy has been
embargoed, and that no person shall remove the toy until permission
for removal or disposal is given by an authorized agent of the
department, the local health officer, or the court.
   (b) A local health officer shall notify the department within 48
hours of any action taken by the local health officer pursuant to
subdivision (a).
   108570.  No person shall knowingly remove, sell, or dispose of a
detained or embargoed toy without permission of an authorized agent
of the department, the local health officer, or the court.  Violation
of this section is a misdemeanor punishable by a fine not exceeding
one thousand dollars ($1,000) for each violation or by imprisonment
in the county jail for a period not exceeding one year, or both.
   108575.  When an authorized agent of the department or the local
health officer finds, or has reasonable cause to believe, that an
embargo will be violated, he or she may remove the embargoed toy to a
place of safekeeping.
   108580.  When a toy is alleged to be in violation of this article,
the department or the local health officer shall commence
proceedings in the superior court, or lower court in whose
jurisdiction the toy is located, for condemnation of the article.
   108585.  (a) No person shall knowingly manufacture, sell, or offer
for sale any toy that is designed to depict torture or resemble an
instrument specifically designed for torture, or that specifically
resembles a bomb or grenade.
   (b) This section shall not apply to any model of an aircraft,
ship, motor vehicle, railroad engine, car, or rocketship or other
spacecraft, or to any part of the model.
   (c) Violation of this section is a misdemeanor punishable by a
fine of not more than six hundred dollars ($600).

      Article 3.  Beer Dispensing Equipment Safety

   108600.  As used in this article, unless the context requires
otherwise:
   (a) "Beer dispensing equipment" means any machine, tool, or
implement used in the operation of dispensing beer.
   (b) "Commercial establishment" means any owner or operator of a
business that uses beer dispensing equipment.
   (c) "Retail distributor" means any person engaged in the
manufacture, rental, lease, sale, or distribution of beer dispensing
equipment.
   108605.  On or after January 1, 1984, a visually inspectable
without disassembly, pressure-relief rupture apparatus or other
pressure relief device that performs equivalently shall be required
on beer dispensing equipment manufactured, rented, leased, sold, or
distributed that uses an external source of pressure, other than hand
pumping.  This apparatus is not required to be placed directly on
the keg itself.  On or after January 1, 1984, a warning shall be
clearly displayed on or securely attached to all beer kegs.  The word
"WARNING", "ATTENTION", or other suitable wording shall appear in
capital letters.  The remainder of the warning shall read
substantially as follows:  "This keg will rupture and may cause
injury if overpressured with compressed air or CO2.  Tapping system
and pressure regulator should be equipped with a pressure-relief
(blowoff) device.  If you are not familiar with tapping equipment,
consult your retailer or the local beer distributor."
   108610.  Any commercial establishment or retail distributor that
violates the provisions of this article shall be subject to a civil
penalty not to exceed five hundred dollars ($500) for each violation.


      Article 4.  Bucket Labeling

   108625.  A manufacturer, distributor, or seller of plastic or
metal four-gallon to six-gallon, inclusive, straight sided, slightly
tapered, open head, industrial containers, as defined by the American
Society for Testing and Materials (ASTM), intended for use, sale,
distribution, or any other purpose within the state, irrespective of
point of origin, shall ensure that the industrial containers bear
warning labels, that shall be applied prior to release for shipment
into the stream of commerce, and shall meet all of the following
requirements:
   (a) The labels shall be a permanent paper, plastic, silk screened,
or an offset printed label and shall be easily removable only by the
use of tools or a solvent.
   (b) The labels shall be at least five inches in height, by two and
three-quarters inches in width or any larger size as the labeler may
voluntarily choose, and shall be centered on each side of the bucket
near where the handle is inserted.  The label on one side shall be
in Spanish, and the label on the other side shall be in English.
   (c) The label shall contain on a contrasting background both the
word "WARNING" in block print and the words "Children Can Fall Into
Bucket and Drown--Keep Children Away From Buckets With Even a Small
Amount of Water."
   (d) The label shall contain a picture of a child reaching into an
industrial container and shall include an encircled slash and a
triangle with an exclamation point upon a contrasting field before
the word "WARNING".
   108630.  Any person subject to the labeling requirements of this
article is exempt from those requirements if the person has a label
that is in substantial compliance with the requirements of this
article.
   108635.  Any person who violates this article is guilty of a
misdemeanor and shall be subject to Chapter 5 (commencing with
Section 17200) of Part 2 of Division 7 of the Business and
Professions Code.
   108640.  This article shall become operative on September 1, 1993,
and shall remain in effect unless or until preempted by federal law.
   Notwithstanding this section, any industrial containers, as
defined in Section 108625, manufactured prior to September 1, 1993,
shall not be subject to this article.

      Article 5.  Charcoal Hazards

   108650.  No person shall sell or offer for sale charcoal intended
for use in the cooking or preparation of food, unless the package
containing the charcoal has affixed a warning label on the outside
visible surface pursuant to Section 108660.
   108655.  The warning label required pursuant to Section 108650
shall be the same as the following:


     ___________________________________________________________
    '      WARNING:  Do Not Use for Indoor Heating or Cooking   '
    '   Unless Ventilation Is Provided for Exhausting Fumes to  '
    '   Outside.  Toxic Fumes May Accumulate and Cause Death.   '
    '___________________________________________________________'

   108660.  For bags of charcoal, the warning label specified in
Section 108655 shall appear within a heavy borderline in a color
sharply contrasting to that of the background, on both front and back
panels in the upper 25 percent of the panels of the bag at least two
inches below the seam, and at least one inch above any reading
material or design elements in type size as follows:  The signal word
"WARNING" shall appear in capital letters at least three-eighths
inch in height; the remaining text of the warning shall be printed in
letters at least three-sixteenths inch in height.
   108665.  Any violation of any provision of this chapter shall be a
misdemeanor.

      CHAPTER 6.  POISON PREVENTION PACKAGING ACT
      Article 1.  Definitions and General Provisions

   108675.  This chapter shall be known and may be cited as the
"California Poison Prevention Packaging Act."
   108680.  Unless the provisions or the context otherwise requires,
these definitions, rules of construction, and general provisions
shall govern the construction of this chapter.  As used in this
chapter:
   (a) "Department" means the State Department of Health.
   (b) "Household substance" means any substance that is customarily
produced or distributed for sale for consumption or use, or
customarily stored by individuals in or about the household and is
one of the following:
   (1) A hazardous substance as that term is defined in Section
108125.
   (2) A food, drug, or cosmetic, as those terms are defined in
Sections 109900, 109925, and 109935, that (i) is toxic, (ii) is
corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is
flammable or combustible, or (vi) generates pressure through
decomposition, heat, or other means; if it may cause substantial
personal injury or substantial illness during or as a proximate
result of any customary or reasonably foreseeable handling or use,
including reasonably foreseeable ingestion by children.
   (3) A substance intended for use as fuel when stored in a portable
container and used in the heating, cooking, or refrigeration system
of a residential dwelling.
   (c) "Package" means the immediate container or wrapping in which
any household substance is contained for consumption, use, or storage
by individuals in or about the household, and, for purposes of
household substances, also means any outer container or wrapping used
in the retail display of any such substance to consumers.
   "Package" does not include the following:
   (1) Any shipping container or wrapping used solely for the
transportation of any household substance in bulk or in quantity to
manufacturers, packers, or processors, or to wholesale or retail
distributors thereof.
   (2) Any shipping container or outer wrapping used by retailers to
ship or deliver any household substance to consumers unless it is the
only container or wrapping.
   (d) "Special packaging" means packaging that is designed or
constructed to be significantly difficult for children under five
years of age to open or obtain a toxic or harmful amount of the
substance contained therein within a reasonable time and not
difficult for normal adults to use properly, but does not mean
packaging that all such children cannot open or obtain a toxic or
harmful amount of within a reasonable time.
   (e) "Labeling" means all labels and other written, printed, or
graphic matter upon any household substance or its package, or
accompanying the substance.
   (f) "Federal act" means the "Poison Prevention Packaging Act of
1970" (15 U.S.C. Sec. 1471 et seq.).

      Article 2.  Regulations

   108685.  The department shall, pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, adopt regulations establishing standards for the
special packaging of any household substance in accordance with this
chapter if the regulations do not differ in substance or proscribe or
require conduct that differs from the federal act or regulations
issued pursuant to the federal act and if the department finds as
follows:
   (a) The degree or nature of the hazard to children in the
availability of the substance, by reason of its packaging, is such
that special packaging is required to protect children from serious
personal injury or serious illness resulting from handling, using, or
ingesting the substance.
   (b) The special packaging to be required by the standard is
technically feasible, practicable, and appropriate for the substance.

   108690.  In establishing a standard under Section 108685, the
department shall consider all of the following:
   (a) The reasonableness of the standard.
   (b) Available scientific, medical, and engineering data concerning
special packaging and concerning childhood accidental ingestions,
illness, and injury caused by household substances.
   (c) The manufacturing practices of industries affected by the
standard.
   (d) The nature and use of the household substance.
   108695.  To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
the regulations adopted pursuant to the federal act, that are in
effect on January 1, 1978, or that are adopted on or after that date,
shall be the poison prevention packaging regulations of this state.

   108700.  Any federal regulation adopted by the department pursuant
to this chapter shall take effect in this state 30 days after it
becomes effective as a federal regulation.  Any person who would be
adversely affected by adoption of the federal regulation in this
state may, within the 30 days prior to its becoming effective in this
state, file with the state department, in writing, objections and a
request for a hearing.  The timely filing of substantial objections
to a regulation that has become effective under the federal act,
shall stay the adoption of the regulation in this state as a state
regulation.
   108705.  If substantial objections are made to a federal
regulation within 30 days prior to its becoming effective in this
state or to a proposed regulation within 30 days after it is
published, the department, after notice, shall conduct a public
hearing to receive evidence on issues raised by the objections.  Any
interested person or his or her representative shall be heard at the
hearing.  The department shall act upon objections by order and shall
mail the order to objectors by certified mail within a reasonable
period of time after the hearing.  The order shall be based on
evidence contained in the record of the hearing.  If the order
concerns a proposed regulation of the department, the department may
withdraw it or set an effective date for the regulation as published
or as modified by the order.  The effective date shall be at least 60
days after publication of the order.
   108710.  Nothing in this chapter shall authorize the department to
prescribe specific packaging designs, product content, or package
quantity, except as provided in subdivision (b) of Section 108715.
In the case of a household substance for which special packaging is
required pursuant to a regulation under this chapter, the department
may prohibit the packaging of the substance in packages that it
determines are unnecessarily attractive to children.

      Article 3.  Marketing of Conventional Packages

   108715.  For the purposes of making any household substance that
is subject to a standard established under Section 108685 readily
available to elderly or handicapped persons unable to use the
substance when packaged in compliance with the standard, the
manufacturer or packer, may package any household substance, subject
to the standard in packaging of a single size that does not comply
with that standard if both of the following are present:
   (a) The manufacturer or packer also supplies the substance in
packages that comply with the standards.
   (b) The packages of the substance, that do not meet the standard,
shall bear conspicuous labeling stating:  "This package for household
without young children."  The department regulation may prescribe a
substitute statement to the same effect for packaging too small to
accommodate the labeling.
   108720.  If a household substance subject to such a standard is
dispensed pursuant to an order of a physician, dentist, or other
licensed medical practitioner authorized to prescribe the substance,
then it may be dispensed in noncomplying packages only when directed
in the order or when requested by the purchaser.
   108725.  If a household substance subject to such a standard is
packaged pursuant to subdivision (b) of Section 108715 in a
noncomplying package, and the department determines that the
substance is not also being supplied by a manufacturer or packer in
popular size packages that comply with the standard, the department
may, after giving the manufacturer or packer an opportunity to comply
with the purposes of this chapter, require by order that the
substance be packaged by the manufacturer or packer exclusively in
special packaging complying with the standard if it finds, after
opportunity for hearing, that the exclusive use of a special
packaging is necessary to accomplish the purposes of this chapter.

      CHAPTER 7.  CHILDREN'S POISON PREVENTION PACKAGING ACT

   108750.  This chapter shall be known and may be cited as the
Children's Poison Protection Act of 1990.
   108755.  As used in this chapter:
   (a) "Household" means any product used under any of the following
circumstances:
   (1) Directly on humans or pets.
   (2) In, on, or around any structure, vehicle, article, surface, or
area associated with the household, including, but not limited to,
nonagricultural outbuildings, noncommercial greenhouses, pleasure
boats, and recreational vehicles.
   (3) In or around any preschool or day care facility.
   (b) "Liquid" means a liquid preparation that flows readily in its
natural state at room temperature containing one or more soluble
chemical substances usually dissolved in water or other solvents.
"Solvent" includes, but is not limited to, aqueous acids (acetic,
hydrochloric, and nitric acids) and nonaqueous solutions (spirits,
liniments).

      (c) "Toxic household product" means any substance or mixture of
substances that are customarily produced or distributed for sale for
use in or about the household, or are customarily stored by
individuals in or about the household, and the substance or mixture
of substances have the capacity to produce significant personal
injury or illness to humans when orally ingested in moderate amounts.

   "Toxic household product" shall not include any of the following:

   (1) Products that contain hydrocarbons in which the only known
toxicity is through lung aspiration of minute amounts and not
absorption through the stomach.
   (2) Products that are intended for use in or around the mouth or
are reasonably expected to be used orally or ingested.
   (3) Economic poisons packaged in containers of more than one
gallon liquid or more than 10 pounds dry weight.
   (4) With the exception of products containing 2.5 percent or more
by weight camphor in liquid formulations, any drug, as defined in the
federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.)
and the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with
Section 109875)).
   (5) Products that, immediately upon ingestion, cause severe damage
or irritation to the mouth or tongue, or are fatal upon a single
taste.
   (6) Products packaged in pressurized aerosol containers.
   (7) Products containing ethylene glycol that are described in
paragraphs (7), (9), and (38) of subdivision (a) of Section 1500.83
of Part 1500 of Title 16 of the Code of Federal Regulations.
   108760.  (a) Except as provided in subdivision (b), any toxic
household product that contains any substance listed in subdivision
(a) of Section 108765, and manufactured on and after January 1, 1992,
and sold in California, shall include within the product a bittering
agent that is nontoxic, in a concentration so as to render the
product aversively bitter, unless the product is packaged  with
child-resistant safety closures in accordance with the federal Poison
Prevention Packaging Act of 1970 (15 U.S.C.  Sec. 1471 et seq.) and
regulations adopted thereunder (16 C.F.R. 1700.1 et seq.).
   (b) Any toxic household product that (1) is required to be
registered with the Environmental Protection Agency under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 135 et
seq.), (2) is formulated for outdoor or food use economic poisons
purposes, and (3) will be reformulated to include a bittering agent,
shall comply with subdivision (a) no later than two years from the
date when the Environmental Protection Agency has approved a
bittering agent for use in outdoor or food use economic poisons.
   108765.  (a) Manufacturers of toxic household products that
contain any of the following substances shall comply with Section
108760, unless the manufacturer documents that there are no signs of
toxicity at an oral dose of five grams of product per kilogram of
body weight, or the product's container, when full, contains a dose
less than that which has previously been documented by the
manufacturer to be nontoxic:
   (1) Acetonitrile.
   (2) Sodium bromate (600 mg or more).
   (3) Potassium bromate (50 mg or more).
   (4) Carbamates (used in insecticide formulations).
   (5) Chlorinated hydrocarbon insecticides and solvents (5 percent
or more by weight).
   (6) Cyanide.
   (7) Diquat.
   (8) Ethylene glycol (10 percent or more by weight).
   (9) Organophosphate insecticides.
   (10) Metaldehyde.
   (11) Methanol (methyl alcohol)(4 percent or more by weight).
   (12) Phenol (10 percent or more by weight).
   (13) Pine oil, in concentrations of 20 percent or more.
   (14) Strychnine formulations.
   (b) Due to the lack of long-term testing results for dermal
exposure of available bittering agents, manufacturers of toxic
household products that contain any of the following substances in
liquid formulations shall, in lieu of complying with Section 108760,
package their products with child-resistant safety closures  in
accordance with the federal Poison Prevention Packaging Act of 1970
(15 U.S.C. Sec. 1471 et seq.) and regulations adopted thereunder (16
C.F.R. 1700.1 et seq.):
   (1) Camphor (2.5 percent or more by weight).
   (2) Diethyltoluamide (5 percent or more by weight).
   (3) Ethylhexanediol (5 percent or more by weight).
   108770.  (a) It is unlawful for any person to distribute or sell a
toxic household product or cause a toxic household product to be
distributed or sold in this state if it does not meet the
requirements of this chapter.
   (b) The prohibition contained in subdivision (a) shall not apply
to a person engaged in the business of wholesale or retail
distribution of a toxic household product, unless the person is
engaged in the manufacture of the product, or has knowledge that a
toxic household product that he or she is distributing or selling is
in violation of this chapter.
   (c) Nothing in this section shall be construed to exempt a
distributor of a house brand from any provision of this chapter.
   108775.  (a) Any person may bring a civil action in a court of
competent jurisdiction to enforce the requirements of this chapter.
The court may grant injunctive relief in any action brought pursuant
to this section.
   (b) Exemplary damages, as provided for in Section 3294 of the
Civil Code, may also be awarded in any action brought pursuant to
this section.
   (c) Whenever the person bringing the action pursuant to this
section is the prevailing party, he or she shall be awarded attorney'
s fees and costs by the court.
   108780.  Any person who violates any provision of this chapter
shall be liable for a civil penalty not to exceed five thousand
dollars ($5,000) for each day of violation, that shall be assessed
and recovered in a civil action brought in the name of the people of
the State of California by the Attorney General in any court of
competent jurisdiction.
   108785.  All civil penalties collected pursuant to Section 108780
shall be deposited in the Children's Poison Protection Act of 1990
Fund, that is hereby created in  the State Treasury.  Money in the
fund shall be allocated by the Emergency Medical Services Authority,
when appropriated thereto by the Legislature, to the California
Regional Poison Control Centers for the purpose of their poisoning
prevention education programs.

      CHAPTER 8.  LEAD IN TABLEWARE

   108800.  Cautionary statements that are required by law, or
regulations adopted pursuant to law, to be printed upon the labels of
containers in which dangerous drugs, poisons, and other harmful
substances are packaged shall be printed in the English language in a
conspicuous place in type of conspicuous size in contrast to the
typography, layout, or color of the other printed matter on the
label.
   108805.  Unless a specific color is prescribed, the cautionary
statements may be printed in any color, but preferably red, upon a
plain and distinctly contrasting background.
   108810.  The words "safe," "safely," "safety," or words having the
same meaning that would detract from the value of the cautionary
statement shall not be used upon the labels of containers of
dangerous drugs, poisons, and other highly toxic substances.
   108815.  Nothing in this chapter shall apply to products produced
by a laboratory licensed under Section 351 of Title III of the Public
Health Service Act (Public Law 410, Chapter 373, Seventy-eighth
Congress, Second Session).
   108820.  Any violation of this chapter is a misdemeanor.
   108825.  This chapter shall become operative January 1, 1960.

      CHAPTER 9.  CONTROL OF LEAD RELEASE FROM TABLEWARE
      Article 1.  Definitions

   108850.  The Legislature finds and declares all of the following:

   (a) The program maintained by the United States Food and Drug
Administration to regulate the amount of lead and cadmium released
from ceramic, metal, and other dishware and tableware is inadequate
to protect Californians from the importation and sale of unsafe
tableware in this state.
   (b) Recent inspection and sampling conducted by local and state
health departments in California has demonstrated that significant
amounts of unsafe tableware are in fact being imported and sold in
California.
   (c) The standards established by the federal government for
acceptable lead and cadmium release are likely inadequate to fully
protect public health and may be inconsistent with requirements that
already exist in California law governing exposure to lead and
cadmium.
   (d) It is the intent of the Legislature that the department,
first, establish its own program to protect the public from unsafe
tableware and, second, develop standards for lead and cadmium release
from tableware that are consistent with existing state law.
   108855.  For purposes of this chapter the following definitions
shall apply:
   (a) "Director" means the Director of Health Services.
   (b) "Department" means the State Department of Health Services.
   (c) "Distributor" means any person who brings tableware into
California from another state for sale.
   (d) "Importer" means any person who brings tableware into
California from another country for sale.
   (e) "Manufacturer" means any person who makes tableware sold in
California.
   (f) "Small business" means any manufacturer, importer, or
distributor whose gross annual revenue for the sale of tableware is
thirty thousand dollars ($30,000) or less.
   (g) "Tableware" means any glazed ceramic, enamel metalware, or
pewter article, container, or utensil that may be used in the
preparation, serving, or storage of food or drink.

      Article 2.  Standards

   108860.  It is unlawful to manufacture, process, import, sell,
deliver, hold for sale, supply, or offer for sale in this state any
tableware that releases a level of lead or cadmium in violation of
the standards contained in the Compliance Policy Guides 7117.06 and
7117.07 as described in 54 Federal Register 23485 or any subsequent,
more stringent standards adopted by the United States Food and Drug
Administration, as determined by the director.
   108865.  On or before January 1, 1993, the department shall
evaluate the standards specified in Section 108860 to determine
whether they are adequate to protect the public health, including,
but not limited to, the health of children and other sensitive groups
of the population, and shall report the results of this evaluation
to the Legislature.  The evaluation and report shall specifically
include recommendations regarding standards governing the release of
lead and cadmium from tableware that would be necessary to adequately
protect the public health and shall include comparisons with other
public health standards governing exposure to lead and cadmium.  The
report shall also identify any additional studies necessary to
adequately evaluate the public health impacts of exposures to lead
and cadmium.
   108870.  (a) Except as provided in subdivisions (c) and (d), each
piece of tableware sold, or offered for sale, in this state shall be
permanently and indelibly marked with the name of the manufacturer or
importer responsible for the sale of the tableware in California.
   (b) For the purposes of this section, permanently and indelibly
marked means fired or manufactured into the glazed tableware.
   (c) This section shall not apply to any tableware that is
manufactured without lead or cadmium as an intentionally added
ingredient or as an unintentional contaminant.
   (d) This section shall not apply to any tableware product that is
of a peculiar structure or too small to accommodate the name of the
manufacturer or importer in accordance with subdivision (a), provided
that the product either (1) is permanently and indelibly marked with
a registered trademark that is on file with the department, or is
described and depicted in a certificate of registration that is on
file with the department, or (2) is part of a tableware set or
pattern, one or more pieces that are marked in accordance with
subdivision (a).

      Article 3.  Enforcement

   108875.  The department is responsible for the administration and
enforcement of this chapter.  The department shall annually report to
the Legislature concerning the number and findings of inspections
performed and samples taken to determine compliance with this
chapter.
   108880.  (a) For fiscal years 1991-92 and 1992-93, the department
shall levy a fee of five hundred dollars ($500) for each
manufacturer, importer, and distributor of tableware sold in this
state to be used for the implementation of this chapter, except that
the department shall levy a fee of one hundred fifty dollars ($150)
for small businesses.  A penalty of 10 percent per month shall be
added to any fee that is not paid when due.  The fee shall not exceed
the costs of administering and enforcing this chapter for the
1991-92 and 1992-93 fiscal years.
   No later than July 1993, the department shall establish and
implement a fee schedule that assesses an annual fee upon
manufacturers, importers, and distributors of tableware sold in
California.  The fees shall be based on the reasonable anticipated
costs that will be incurred by the department, and by local health
officers if an agreement is executed pursuant to Section 108885, to
implement and enforce this chapter.  In calculating the necessary
fees, the department shall include any civil penalties generated
pursuant to Section 100425.  Commencing in fiscal year 1993-94, the
fee established pursuant to this subdivision shall be adjusted
pursuant to Section 100425 and shall further be adjusted annually by
reducing the fee by an amount equal to the total amount of civil
penalties collected pursuant to Section 108900 during the previous
calendar year, divided by the total number of manufacturers,
importers, and distributors having paid fees during the previous
calendar year.  The fee collected pursuant to subdivision (a) shall
terminate upon implementation of the fee schedule developed pursuant
to this subdivision.  The fee schedule shall provide for the recovery
of all costs of implementing this chapter, including the cost of
establishing the fee schedule as prescribed in this section.  In the
event that the department's reasonable costs in any one fiscal year
exceed the available fees for that year, the department shall, as
necessary, delay any activities in administering this chapter that
will incur costs exceeding available fees until the following year.
All moneys collected as fees pursuant to this section shall be
expended in carrying out this chapter.
   108885.  The department and a health officer, as defined in
Section 111015, may enter into an agreement designating the local
health department of a city, county, city and county, or local health
district as the department's authorized agent for the purposes of
enforcing this chapter.  If an agreement is executed pursuant to this
section, the department shall make fee revenues available to the
health officer for performing duties relating to enforcing this
chapter.
   108890.  (a) For the purposes of enforcing this chapter, any
authorized agent of the department may, upon presenting credentials
showing that he or she is an authorized agent of the department and
at a reasonable time, do any of the following:
   (1) Enter any factory, warehouse, or establishment in which any
tableware is manufactured, held, distributed, used, or sold.
   (2) Enter any vehicle that is being used to transport or hold
tableware.
   (3) Enter any place where any tableware is suspected of being held
or sold in violation of this chapter.
   (4) Inspect any factory, warehouse, establishment, vehicle, or
place in which any tableware is manufactured, held, transported,
distributed, used, or sold, and all equipment, raw materials,
finished and unfinished materials, containers, and tableware therein.
  The inspection shall include any record, file, paper, process,
control, and facility that has a bearing on whether the tableware
complies with this chapter.
   (5) Secure any sample or specimen of any tableware or of any
release of lead or cadmium from tableware.  If the agent obtains any
samples prior to leaving the premises, he or she shall leave a
receipt describing any sample obtained.  The department shall secure
only the quantity of tableware that is reasonably necessary to
conduct the tests to determine the release of lead or cadmium as
determined appropriate by the department.
   (6) Have access to all records of carriers in commerce relating to
the movement in commerce of any tableware, or the holding for sale
of the tableware, and the quantity, shipper, and consignee.
   (b) It is unlawful for any person to refuse to permit entry or
inspection, the taking of samples or other evidence, including
photographs, or access to copying of any record as authorized by this
chapter, or to conceal the samples or evidence, or withhold evidence
concerning them.
   108895.  The department may publish or publicly distribute any
information regarding tableware, including results of tests and
investigations, after assuring the accuracy of those tests and
investigations, as the department considers necessary for the
protection of public health and safety of the consumer or for the
protection of the consumer from fraud.
   108900.  (a) The department may impose a civil penalty payable to
the department upon any person who violates any provision of this
chapter or any regulation adopted pursuant to this chapter in the
amount of not more than five thousand dollars ($5,000) per day.  Each
day a violation continues shall be considered a separate violation.

   (b) If, after examination of a possible violation and the facts
surrounding that possible violation, the department concludes that a
violation has occurred, the department may issue a complaint to the
person charged with the violation.  The complaint shall allege the
acts or failures to act that constitute the basis for the violation
and the amount of the penalty.  The complaint shall be served by
personal service or by certified mail and shall inform the person so
served of the right to a hearing.
   (c) Any person served with a complaint pursuant to subdivision (c)
may, within 20 days after service of the complaint, request a
hearing by filing with the department a notice of defense.  A notice
of defense is deemed to have been filed within the 20-day period if
it is postmarked within the 20-day period.  If a hearing is requested
by the person, it shall be conducted within 90 days after the
receipt by the department of the notice of defense.  If no notice of
defense is filed within 20 days after service of the complaint, the
department shall issue an order setting the penalty as proposed in
the complaint unless the department and the person have entered into
a settlement agreement, in that case the department shall issue an
order setting the penalty in the amount specified in the settlement
agreement.  When the person has not filed a notice of defense or
where the department and the person have entered into a settlement
agreement, the order shall not be subject to review by any court or
agency.
   (d) Any hearing required under this section shall be conducted by
a departmental hearing officer appointed by the director.  The
department shall adopt regulations establishing a hearing process to
review complaints.  Until the department adopts these regulations,
all hearings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, except that hearings shall be conducted by a
departmental hearing officer appointed by the director.  The
department shall have all the powers granted in that chapter.
   (e) Orders setting civil penalties under this section shall become
effective and final upon issuance thereof, and payment shall be made
within 30 days of issuance.  A copy of the order shall be served by
personal service or by certified mail upon the person served with the
complaint.
   (f) Within 30 days after service of a copy of a decision issued by
the director, any person so served may file with the superior court
a petition for writ of mandate for review of the decision.  Any
person who fails to file the petition within this 30-day period may
not challenge the reasonableness or validity of the decision or order
of the director in any judicial proceeding brought to enforce the
decision or order or for other remedies.  Section 1094.5 of the Code
of Civil Procedure shall govern any proceedings conducted pursuant to
this subdivision.  In all proceedings pursuant to this subdivision,
the court shall uphold the decision of the director if the decision
is based upon substantial evidence in the whole record.  The filing
of a petition for writ of mandate shall not stay any corrective
action required pursuant to this chapter or the accrual of any
penalties assessed pursuant to this section.  This subdivision does
not prohibit the court from granting any appropriate relief within
its jurisdiction.
   (g) The remedies under this section are in addition to, and do not
supersede, or limit, any and all other remedies, civil or criminal.

   (h) If the violation is committed after a previous imposition of a
penalty under this section that has become final, or if the
violation is committed with intent to mislead or defraud, or if the
violation concerns tableware primarily used by children or marketed
for children, the person shall be subject to imprisonment for not
more than one year in the county jail or imprisonment in state
prison, or a fine of not more than ten thousand dollars ($10,000), or
both the imprisonment and fine.
   108905.  (a) Whenever an authorized agent of the department finds,
or has probable cause to believe, that any tableware has the
potential to release amounts of lead or cadmium in violation of this
chapter, he or she shall affix to the tableware a detention tag,
embargo tag, or other similar marking, as determined appropriate  by
the authorized agent.  The tag or other marking shall give notice
that the tableware is suspected of releasing amounts of lead or
cadmium in violation of this chapter and that no person shall remove
or dispose of the tableware by sale or otherwise until permission for
removal or disposal is given by an authorized agent of the
department or the court.
   (b) For the purposes of this section, an authorized agent has
probable cause to believe that tableware has the potential to release
amounts of lead or cadmium in violation of this chapter when, but
not limited to instances when, the tableware tests positive  for lead
or cadmium release using the field test described in the document
published by the United States Food and Drug Administration entitled
Analytical Letters Vol. 21, 1988, pages 2145 to 2154, inclusive, or
any other test for lead release subsequently approved for field use
by the United States Food and Drug Administration and determined by
the department to be at least as effective a test for lead or cadmium
release as the test described in this subdivision.
   (c) If a field test conducted pursuant to subdivision (b) tests
positive for lead release, the department shall use the Association
of Official Analytical Chemists/American Society for Testing and
Material 24-hour test method, or any other test subsequently approved
by the federal Food and Drug Administration determined by the
department to be at least as effective a test for lead or cadmium
release as the test described in this subdivision.  The department
shall conduct or obtain those tests within a reasonable time after
embargoing affected tableware, and shall release any tableware found
not to violate the standards of this chapter within a reasonable time
after the laboratory test has been completed.  For any food
establishment, as defined in Section 113780, the department shall
conduct or obtain those tests within a reasonable time, not to exceed
10 days, after embargoing affected tableware, and shall release any
tableware found not to violate the standards of this chapter within
96 hours after the laboratory test has been conducted.
   (d) If an item of tableware is found to violate this chapter, the
manufacturer, importer, retailer, and distributor shall, at the
option of the holder of the tableware, either provide the holder of
the tableware with comparable replacement tableware acceptable to the
holder or be liable to the holder of the tableware for the cost of
purchasing comparable replacement tableware.
   (e) No person shall remove, sell, or dispose of detained or
embargoed tableware without permission of an authorized agent of the
department or a court.
   108910.  Any tableware that violates this chapter shall also be
governed by the procedures set forth in Sections 111875, 111880,
111885, 111895, 111900, 111910, and 111915.  Except for use of the
procedures set forth in those sections, nothing in this section shall
be interpreted as making this chapter part of Part 5 (commencing
with Section 109875).
   108915.  This chapter shall become operative on July 1, 1991.

      PART 4.  DRUGS, DEVICES, AND COSMETICS
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  TREATMENT OF CANCER AND OTHER SERIOUS DISEASES
      Article 1.  Intent and Definitions

   109250.  The effective diagnosis, care, treatment or cure of
persons suffering from cancer is of paramount public importance.
Vital statistics indicate that approximately 16 percent of the total
deaths in the United States annually result from one or another of
the forms of cancer.  It is established that accurate and early
diagnosis of many forms of cancer, followed by prompt application of
methods of treatment that are scientifically proven, either
materially reduces the likelihood of death from cancer or may
materially prolong the useful life of individuals suffering
therefrom.
   Despite intensive campaigns of public education, there is a lack
of adequate and accurate information among the public with respect to
presently proven methods for the diagnosis, treatment, and cure of
cancer.  Various persons in this state have represented and continue
to represent themselves as possessing medicines, methods, techniques,
skills, or devices for the effective diagnosis, treatment, or cure
of cancer, whose representations are misleading to the public, with
the result that large numbers of the public, relying on the
representations, needlessly die of cancer, and substantial amounts of
the savings of individuals and families relying on the
representations are needlessly wasted.
                                                          It is,
therefore, in the public interest that the public be afforded full
and accurate knowledge as to the facilities and methods for the
diagnosis, treatment, and cure of cancer available in this state and
that to that end there be provided means for testing and
investigating the value or lack thereof of alleged cancer remedies,
devices, drugs, or compounds, and informing the public of the facts
found, and protecting the public from misrepresentation in these
matters.
   The importance of continuing scientific research to determine the
cause or cure of cancer is recognized, and the department shall
administer this article and Article 2 (commencing with Section
109300) with due regard for the importance of bona fide scientific
research and the clinical testing in hospitals, clinics, or similar
institutions of new drugs or compounds.
   109255.  There is in the department a Cancer Advisory Council
composed of nine physicians and surgeons licensed to practice
medicine in, and residing in, this state, three persons who are not
physicians and surgeons, two persons representing nonprofit cancer
research institutes recognized by the National Cancer Institute, and
the director of the department, who shall be an ex officio member.
The members of the council shall be appointed by the Governor to
serve for terms of four years.  The Governor, in appointing the first
members, shall appoint at least one member from the faculty of each
of the schools teaching medicine and surgery and located in this
state that are approved by the Medical Board of California.  The
Governor shall endeavor to maintain one member from the faculty of
each school in making subsequent appointments.
   109260.  The members of the council, other than the director of
the department, shall receive no compensation for their services, but
shall be allowed their actual necessary traveling expenses incurred
in the discharge of their duties.
   Except as provided in Section 109390 the council is not required
to conduct meetings open to the public in accordance with Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code.
   109265.  The council shall annually elect one of its members to
serve as chairman.  The council shall meet at least twice each year,
and as often in addition as necessary, for the purpose of carrying
out its duties.
   109270.  The department shall:
   (a) Prescribe reasonable regulations with respect to the
administration of this article and Article 2 (commencing with Section
109300).
   (b) Investigate violations of this article and Article 2
(commencing with Section 109300), and report the violations to the
appropriate enforcement authority.
   (c) Secure the investigation and testing of the content, method of
preparation, efficacy, or use of drugs, medicines, compounds, or
devices proposed to be used, or used, by any individual, person,
firm, association, or other entity in the state for the diagnosis,
treatment, or cure of cancer, prescribe reasonable regulations with
respect to the investigation and testing, and make findings of fact
and recommendations upon completion of any such investigation and
testing.
   (d) Adopt a regulation prohibiting the prescription,
administration, sale or other distribution of any drug, substance, or
device found to be harmful or of no value in the diagnosis,
prevention or treatment of cancer.
   (e) Hold hearings in respect of those matters involving compliance
with this article and Article 2 (commencing with Section 109300) and
subpoena witnesses and documents.  Any or all hearings may be held
before the Cancer Advisory Council.  Any administrative action to be
taken by the department as a result of the hearings shall be taken
only after receipt of the recommendations of the council.  Prior to
issuance of a cease and desist order under Section 109345, a hearing
shall be held.  The person furnishing a sample under Section 109295
shall be given due notice of the hearing and an opportunity to be
heard.
   (f) Contract with independent scientific consultants for
specialized services and advice.
   In the exercise of the powers granted by this section, the
department shall consult with the Cancer Advisory Council.
   109275.  (a) Physicians and surgeons shall inform patients being
treated for any form of breast cancer of the alternative efficacious
methods of treatment by providing the patient with the written
summary described in subdivision (c).
   (b) The failure of a physician and surgeon to inform a patient, by
means of a standardized written summary developed by the department
on the recommendation of the Cancer Advisory Council in accordance
with subdivision (c), in layman's language and in a language
understood by the patient, of alternative efficacious methods of
treatment that may be medically viable, including surgical,
radiological, or chemotherapeutic treatments or combinations thereof,
when the patient is being treated for any form of breast cancer,
constitutes unprofessional conduct within the meaning of Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code.
   (c) (1) A standardized written summary in layman's language and in
a language understood by the patient shall be developed by the
department with the recommendations of the Cancer Advisory Council,
and shall be printed and made available by the Medical Board of
California to physicians and surgeons, for the purposes of informing
the patient of the advantages, disadvantages, risks and descriptions
of the procedures with regard to medically viable and efficacious
alternative methods of treatment for breast cancer as required by
subdivision (a).
   (2) Commencing no later than January 1, 1995, and every three
years thereafter, the department shall review the written summary and
shall revise the written summary if the department determines that
new or revised information should be included in the written summary.

   (3) At the next revision of the standardized written summary
required by this section, the department shall incorporate all of the
following additional information:
   (A) Information regarding methods of treatment for breast cancer
that are in the investigational or clinical trial stage and are
recognized for treatment by the Physician's Data Query of the
National Cancer Institute.
   (B) Available reference numbers, including, but not limited to,
the "800" telephone numbers for the National Cancer Institute and the
American Cancer Society, in order for breast cancer patients to
obtain the most recent information.
   (C) A discussion of breast reconstruction surgery, including, but
not limited to, problems, benefits, and alternatives.
   (D) Statistics on the incidence of breast cancer.
   (d) Prior to performance of a biopsy, the physician and surgeon
shall note on the patient's chart that he or she has given the
patient the written summary required by this section.
   (e) The Medical Board of California shall establish a distribution
system for the breast cancer treatment alternatives written summary
that is linked to the process of biennial renewal of physician and
surgeon licenses.
   109280.  A standardized written summary in layman's language and
in a language understood by patients shall be developed by the
department on the recommendation of the Cancer Advisory Council and
printed and made available by the Medical Board of California to
physicians and surgeons, concerning the advantages, disadvantages,
risks, and descriptions, of procedures with regard to medically
viable and efficacious alternative methods of treatment of prostate
cancer.  Physicians and surgeons are urged to make the summary
available to patients when appropriate.
   109285.  For the purposes of this article and Article 2
(commencing with Section 109300) "cancer" means all malignant
neoplasms regardless of the tissue of origin, including malignant
lymphoma, Hodgkins disease, and leukemia.
   109290.  No person may undertake to treat or alleviate cancer by
use of drugs, surgery, or radiation unless the person holds a license
issued under a law of this state expressly authorizing the diagnosis
and treatment of disease by use of drugs, surgery, or radiation.
   109295.  On written request by the department, delivered
personally or by mail, any individual, person, firm, association, or
other entity engaged, or representing himself, or itself, as engaged,
in the diagnosis, treatment, alleviation, or cure of cancer shall
furnish the department with the sample as the department may deem
necessary for adequate testing of any drug, medicine, compound, or
device used or prescribed by the individual, person, firm,
association, or other entity in the diagnosis, treatment,
alleviation, or cure of cancer, and shall specify the formula of any
drug or compound and name all ingredients by their common or usual
names, and shall, upon like request by the department, furnish
further necessary information as it may request as to the composition
and method of preparation of and the use that any drug, compound, or
device is being put by the individual, person, firm, association, or
other entity.  This section shall apply to any individual, person,
firm, association, or other entity that renders health care or
services to individuals who have or believe they have cancer.  This
section also applies to any individual, person, firm, association, or
other entity that by implication causes individuals to believe they
have cancer.
   The failure to either provide the sample, disclose the formula, or
name the ingredients as required by this section shall be
conclusively presumed that the drug, medicine, compound or device
that is the subject of the department's request has no value in the
diagnosis, treatment, alleviation, or cure of cancer.

      Article 2.  Prohibitions and Enforcement

   109300.  The sale, offering for sale, holding for sale,
delivering, giving away, prescribing or administering of any drug,
medicine, compound, or device to be used in the diagnosis, treatment,
alleviation, or cure of cancer is unlawful and prohibited unless (1)
an application with respect thereto has been approved under Section
505 of the federal Food, Drug and Cosmetic Act, or (2) there has been
approved an application filed with the board setting forth:
   (a) Full reports of investigations that have been made to show
whether or not the drug, medicine, compound, or device is safe for
the use, and whether the drug, medicine, compound, or device is
effective in the use;
   (b) A full list of the articles used as components of the drug,
medicine, compound, or device;
   (c) A full statement of the composition of the drug, medicine,
compound, or device;
   (d) A full description of the methods used in, and the facilities
and controls used for, the manufacture, processing, and packing of
the drug, medicine, or compound or in the case of a device, a full
statement of its composition, properties, and construction and the
principle or principles of its operation;
   (e) Such samples of the drug, medicine, compound, or device and of
the articles used as components of the drug, medicine, compound, or
device as the board may require; and
   (f) Specimens of the labeling and advertising proposed to be used
for the drug, medicine, compound, or device.
   109305.  Within 180 days after the filing of an application
provided for in subdivision (2) of Section 109300 or an additional
period as may be agreed upon by the board and the applicant, the
board shall either:
   (a) Approve the application if it finds that none of the grounds
for denying approval specified in Section 109315 applies.
   (b) Give the applicant notice for an opportunity for a hearing
before the board on the question whether the application is
approvable.  If the applicant elects to accept the opportunity for
hearing by written request within 30 days after the notice, the
hearing shall commence not more than 90 days after the expiration of
the 30 days unless the board and the applicant otherwise agree.  Any
hearing shall thereafter be conducted on an expedited basis and the
board order thereon shall be issued within 90 days after the date
fixed by the board for filing final briefs.
   Prior to approving the application or giving the applicant notice
for an opportunity for a hearing, the board shall have received a
written report from the Cancer Advisory Council setting forth its
recommendations on the action the board should take.  The report
shall be signed by a majority of the members of the council.
   109310.  In the case of any drug, medicine, compound or device for
that an approval of an application filed pursuant to this article
and Article 1 (commencing with Section 109250) is in effect, the
applicant shall establish and maintain the records, and make the
reports to the board, of data relating to clinical experience and
other data or information, received or otherwise obtained by the
applicant with respect to the drug, medicine, compound, or device, as
the board may prescribe on the basis of a finding that the records
and reports are necessary in order to enable the board to determine,
or facilitate a determination, whether there is or may be ground for
suspension of the application.
   Every person required under this section to maintain records, and
every person in charge of custody thereof, shall, upon request of an
agent of the board, permit the agent at all reasonable times to have
access to and copy and verify the records.
   109315.  The board shall issue an order refusing to permit the
application to become effective, if, after due notice to the
applicant and opportunity for a hearing, the board finds any of the
following:
   (a) The investigations, reports that are required to be submitted
to the board pursuant to subdivision (2) of Section 109300 do not
include adequate tests by all methods reasonably applicable to show
whether or not a drug, medicine, compound, or device is safe for use
in the diagnosis, treatment, alleviation, or cure of cancer.
   (b) The results of tests specified in subdivision (a) show that a
drug, medicine, compound or device is unsafe for use under the
conditions specified in subdivision (a) or do not show that the drug,
medicine, compound, or device is safe for use under the conditions.

   (c) The methods used in, and the facilities and controls used for,
the manufacture, processing, and packing of a drug, medicine,
compound, or device are inadequate to preserve its identity,
strength, quality, and purity and with respect to a device are
inadequate to preserve its safety or effectiveness.
   (d) Upon the basis of the information submitted to it as part of
the application, or upon the basis of any other information before it
with respect to a drug, medicine, compound, or device, it has
insufficient evidence to determine whether the drug, medicine,
compound, or device is safe for use under the conditions specified in
subdivision (a).
   (e) Evaluated on the basis of the information submitted to it as
part of the application and any other information before it with
respect to the drug, medicine, compound, or device, there is a
reasonable doubt that the drug, medicine, compound, or device will
have the effect it purports or is represented to have under the
conditions of use prescribed, recommended, or suggested in the
proposed labeling or advertising thereof.
   (f) The application contains any untrue statement of a material
fact.
   109320.  (a) The board shall issue an order withdrawing approval
of an application concerning any drug, medicine, compound, or device
if, after due notice to the applicant and opportunity for a hearing,
the board finds any of the following:
   (1) That clinical or other experience, tests, or other scientific
data show that the drug, medicine, compound, or device is unsafe for
use under the conditions of use upon the basis that the application
was approved;
   (2) That new evidence of clinical experience, not contained in the
application or not available to the board until after the
application was approved, or tests by new methods, or tests by
methods not deemed reasonably applicable when the application was
approved, evaluated together with the evidence available to the board
when the application was approved, shows that the drug, medicine,
compound, or device is not shown to be safe for use under conditions
of use upon the basis that the application was approved; or
   (3) On the basis of new information with respect to the drug,
medicine, compound, or device, evaluated together with the evidence
available to the board when the application was approved, that there
is a lack of substantial evidence that the drug, medicine, compound,
or device will have the effect it purports or is represented to have
under the conditions of use prescribed, recommended, or suggested in
the labeling or advertising thereof; or
   (4) That the application contains any untrue statement of a
material fact.
   (b) If the board finds that there is an imminent hazard to the
public health, it may suspend the approval of the application
immediately.
   (c) The board may also, after due notice and opportunity for
hearing, withdraw the approval of an application with respect to any
drug, medicine, compound, or device under this section if the board
finds any of the following:
   (1) That the applicant has failed to establish a system for
maintaining required records, or has repeatedly or deliberately
failed to maintain the records or to make required reports, or the
applicant has refused to permit access to, or copying or verification
of, the records.
   (2) That on the basis of new information before the board,
evaluated together with the evidence before it when the application
was approved, the methods used in, or the facilities and controls
used for, the manufacture, maintenance, processing, and packing of
the drug, medicine, compound, or device are inadequate to assure and
preserve its identity, strength, quality, and purity and with respect
to a device are inadequate to preserve its safety or effectiveness
and were not made adequate within a reasonable time after receipt of
written notice from the board specifying the matter complained of.
   (3) That on the basis of new information before it, evaluated
together with the evidence before it when the application was
approved, the labeling of the drug, medicine, compound, or device,
based on a fair evaluation of all material facts, is false or
misleading in any particular and was not corrected within a
reasonable time after receipt of written notice from the board
specifying the matter complained of.
   (d) Any order under this section shall state the findings upon
which it is based.
   109325.  This article and Article 1 (commencing with Section
109250) shall not apply to the use of any drug, medicine, compound,
or device intended solely for legitimate and bona fide
investigational purposes by experts qualified by scientific training
and experience to investigate the safety and therapeutic value
thereof unless the department shall find that the drug, medicine,
compound, or device is being used in diagnosis or treatment for
compensation and profit.  In order to qualify for an exemption under
this section there shall be on file with the federal Department of
Health, Education, and Welfare a current and unrevoked
investigational new drug application issued pursuant to subdivision
(i) of Section 505 of the federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 355(i)), or the following conditions shall be complied
with:
   (a) The label of the drug, medicine, compound, or device shall
bear the statement "Caution:  New drug (or medicine or compound or
device).  Use in the diagnosis, treatment, alleviation, or cure of
cancer limited by law to investigational use."
   (b) The drug, medicine, compound, or device has had adequate
testing on appropriate experimental animals to demonstrate a lack of
toxicity and hazard sufficient to permit its use in or on human
beings and to establish with clarity the margins of safety ordinarily
recognized by experts qualified by scientific training and
experience to investigate the safety and effectiveness of the drugs,
substances, or devices.
   (c) The drug, medicine, compound, or device is to be used solely
for investigational use by, or under the direction of, an expert
qualified by scientific training and experience to investigate the
safety and effectiveness of the drug, medicine, compound, or device.

   (d) A written statement signed by the expert has been filed with
the board.  The statement shall show what facilities the expert will
use for the investigation to be conducted by him or her, and that the
drug, medicine, compound, or device will be used solely by him or
her or under his or her direction for the investigation.  The
statement shall contain information identifying any assistant or
agent of the expert who uses the drug, medicine, compound, or device
under the direction of the expert.
   (e) Complete records of the investigation shall be kept by the
expert and all records shall be made available by the expert for
inspection upon the request of any agent of the board at any
reasonable hour as long as the expert desires exemption.
   (f) The expert shall inform any persons who participate in the
investigation as patients, that the drug, medicine, compound, or
device is being used for investigational purposes and shall obtain
the consent of the persons or their representatives.
   109330.  Section 109300 does not apply to any device used within
the scope of his or her license privileges by a physician and surgeon
or dentist licensed as such in this state.
   109335.  The failure of any individual, person, firm, association,
or other entity representing himself, or itself, as engaged in the
diagnosis, treatment, alleviation, or cure of cancer to comply with
any of the regulations adopted under this article and Article 1
(commencing with Section 109250) is a misdemeanor.  A third, and
subsequent violations, of this section is a felony.
   This article and Article 1 (commencing with Section 109250) shall
not apply to any person who depends exclusively upon prayer for
healing in accordance with the teachings of a bona fide religious
sect, denomination, or organization, nor practitioner thereof.
   109340.  The investigation or testing of any product shall not be
deemed to imply or indicate any endorsement of the qualifications or
value of any product.  No person shall make any representation that
investigation or testing hereunder constitutes any approval or
endorsement of his or her, or its, activities by the Cancer Advisory
Council or the department.  The investigation or testing of any
product shall not be deemed to imply or indicate that the product is
useless or harmful and during testing no person shall make any
representation, except to the department or Cancer Advisory Council,
that the product under test is discredited or that it has been found
useless or harmful.
   109345.  Following an investigation or testing of the content or
composition of any drug, medicine, compound, or device used by any
individual, person, firm, association, or other entity in the
diagnosis, treatment, alleviation, or cure of cancer, and after
hearing as provided in Section 109270, the department, upon
recommendation of the Cancer Advisory Council, may direct that any
individual, person, firm, association, or other entity shall cease
and desist any further prescribing, recommending, or use of any drug,
medicine, compound, or device, or any substantially similar drug,
medicine, compound, or device, in the diagnosis or treatment of
cancer.
   In the investigation or testing required by this article and
Article 1 (commencing with Section 109250) to determine the value or
lack thereof of any drug, medicine, compound or device in the
diagnosis, treatment, or cure of cancer, the department shall, as it
deems necessary or advisable, utilize the facilities and findings of
its own laboratories or other appropriate laboratories, clinics,
hospitals, and nonprofit cancer research institutes recognized by the
National Cancer Institute, within this State or the facilities and
findings of the Federal Government, including the National Cancer
Institute.  Upon a recommendation by the Cancer Advisory Council, the
department shall arrange, by contract, for investigation by and
submission to it of findings, conclusions, or opinions of trained
scientists in the appropriate departments of universities, medical
schools, clinics, hospitals, and nonprofit cancer research institutes
recognized by the National Cancer Institute, and the submission to
it of findings, conclusions, or opinions of other qualified
scientists.  Prior to the issuance of a cease and desist order under
this section, the Cancer Advisory Council, by the affirmative vote of
at least 11 of its members, at least one of whom shall not be a
physician and surgeon, shall make a written finding of fact based on
the investigation that the drug, medicine, compound, or device so
investigated has been found to be either definitely harmful or of no
value in the diagnosis, treatment, alleviation, or cure of cancer and
the department must be satisfied beyond a reasonable doubt that the
written findings of the fact are true.
   109350.  The department may direct that any individual, person,
firm, association, or other entity shall cease and desist any further
prescribing, recommending or use of any drug, medicine, compound or
device for that no application has been approved under this article
and Article 1 (commencing with Section 109250) unless its use is
exempt under Section 109325 or Section 109330.
   109355.  (a) Any violation of this article and Article 1
(commencing with Section 109250), of the regulations adopted
thereunder or of a cease and desist order issued by the department
under Section 109345 or 109350 may be enjoined by the superior court
in any county, on application of the department.
   (b) Proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure.
   109360.  Any person against whom an injunction or cease and desist
order has been issued, under this article and Article 1 (commencing
with Section 109250), may not undertake to use in the diagnosis,
treatment, alleviation or cure of cancer any new, experimental,
untested, or secret drug, medicine, compound, or device for that
there is no approved application on file or that does not qualify for
an exemption, without first submitting an application to the
department.
                                        109365.  It is unlawful for
any person, with the intent to defraud, to falsely represent and
provide for compensation a device, substance, method or treatment as
effective to diagnose, arrest, prevent, or cure cancer.  Nothing in
this section shall abridge the existent rights of the press.
   109370.  Except as provided in Section 109335, a violation of this
article and Article 1 (commencing with Section 109250) is punishable
by imprisonment in the county jail for a period not exceeding one
year, or in the state prison, or by a fine not exceeding ten thousand
dollars ($10,000), or by both the imprisonment and fine.
   109375.  The director shall investigate possible violations of
this article and Article 1 (commencing with Section 109250) and
report violations to the appropriate enforcement authority.
   109380.  County health officers, district attorneys and the
Attorney General shall cooperate with the director in the enforcement
of this article and Article 1 (commencing with Section 109250).
   109385.  The department, upon recommendation of the Cancer
Advisory Council, may from time to time publish reports based on its
investigation or testing of any drug, medicine, compound, or device
prescribed, recommended, or used by any individual, person, firm,
association, or other entity, and when, in the opinion of a majority
of the members of the Cancer Advisory Council, the use of any drug,
medicine, compound, or device in the diagnosis, treatment or cure of
cancer constitutes an imminent danger to health or a gross deception
of the public, the department may take appropriate steps to publicize
the same.
   109390.  All hearings authorized by this article and Article 1
(commencing with Section 109250) shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1, Division 3,
Title 2 of the Government Code.
   109395.  No provision of this article and Article 1 (commencing
with Section 109250) shall preclude reconsideration of an application
for use of any drug, medicine, compound or device for the diagnosis,
treatment, alleviation or cure of cancer if new evidence or matter
is presented to the department and the reconsideration is predicated
upon compliance with the applicable sections of the law, and
presentation of data developed subsequent to the applicable ruling of
the board.

      Article 3.  AIDS Fraud (Reserved)
      Article 4.  Unlawful Advertising of Drugs and Devices
(Reserved)
      Article 5.  Labeling, Sale, and Use of DMSO

   109500.  As used in this article, "DMSO" means dimethyl sulfoxide.

   109505.  DMSO sold in California other than by prescription shall
be labeled by the manufacturer, distributor, or seller to contain a
description of all of the contents in the solution, statement of
purity, the percent of DMSO in the solution, and the manufacturer's
name and address.
   The label shall contain (a) the name and address of the
distributor of the DMSO, if any, (b) the name and address of the
manufacturer of the finished DMSO, and (c) the manufacturer's lot or
control number.  Finished DMSO means DMSO that requires no further
manufacture prior to retail sale other than packaging or labeling.
Whenever DMSO is sold or otherwise supplied, other than by
prescription, the seller or supplier shall give additional printed
material to the person receiving the DMSO that provides adequate
warning against use that may be dangerous to the health of the user,
and information that prescriptive DMSO is available from a physician.

   The label of DMSO sold pursuant to this section shall contain the
following statement:  "It is unlawful to represent in any way that
this product is useful or safe to use for medicinal purposes."  The
label shall include appropriate precautionary measures for proper
handling and first aid treatment and a warning statement to keep the
product out of reach of children.

      CHAPTER 5.  IMITATION CONTROLLED SUBSTANCES
      Article 1.  Provisions and Definitions

   109525.  This chapter shall be known as the "California Imitation
Controlled Substances Act."
   109530.  Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
   109535.  "Controlled substance" means a substance as defined in
Section 11007.
   109540.  "Distribute" means the actual, constructive, or attempted
transfer, delivery, or dispensing to another of an imitation
controlled substance.
   109545.  "Manufacture" means the production, preparation,
compounding, processing, encapsulating, packaging or repackaging,
labeling or relabeling, of an imitation controlled substance.
   109550.  "Imitation controlled substance" means (a) a  product
specifically designed or manufactured to resemble the physical
appearance of a controlled substance, that a reasonable person of
ordinary knowledge would not be able to distinguish  the imitation
from the controlled substance by outward appearances, or (b) a
product, not a controlled substance, that, by representations made
and by dosage unit appearance, including color, shape, size, or
markings, would lead a reasonable person to believe that, if
ingested, the product would have a stimulant or depressant effect
similar to or the same as that of one or more of the controlled
substances included in Schedules I through V, inclusive, of the
Uniform Controlled Substances Act, pursuant to Chapter 2 (commencing
with Section 11053) of Division 10.
   109555.  The provisions of this chapter are cumulative, and shall
not be construed as restricting any remedy, provisional or otherwise,
provided by law for the benefit of any party.

      Article 2.  Offenses and Penalties

   109575.  Any person who knowingly manufactures, distributes, or
possesses with  intent to distribute, an imitation controlled
substance is guilty of a misdemeanor and shall, if convicted, be
subject to imprisonment for not more than six months in the county
jail or a fine of not more than one thousand dollars ($1,000), or
both the imprisonment and fine.
   109580.  Any person 18 years of age or over who violates Section
109575 by knowingly distributing an imitation controlled substance to
a person under 18 years of age is guilty of a misdemeanor and shall,
if convicted, be subject to imprisonment for not more than one year
in the county jail or a fine of not more than two thousand dollars
($2,000), or both the imprisonment and fine.  Upon a second or
subsequent conviction of this offense, the person shall be subject to
imprisonment for not more that one year in the county jail and a
fine of not less than six thousand dollars ($6,000).
   109585.  No civil or criminal liability shall be imposed by virtue
of this chapter on any person registered under the California
Uniform Controlled Substances Act who manufactures, distributes, or
possesses an imitation controlled substance for use by a
practitioner, as defined in Section 11026, in the course of lawful
professional practice or research.
   109590.  All imitation controlled substances shall be subject to
forfeiture in accordance with the procedures set forth in Chapter 8
(commencing with Section 11470) of Division 10.

      PART 5.  SHERMAN FOOD, DRUG, AND COSMETIC LAWS
      CHAPTER 1.  GENERAL PROVISIONS AND DEFINITIONS

   109875.  This part shall be known as the Sherman Food, Drug, and
Cosmetic Law.
   109880.  Unless the context otherwise requires, the definitions
set forth in this article govern the construction of this part.
   109885.  "Advertisement" means any representations, including, but
not limited to, statements upon the products, its packages, cartons,
and any other container, disseminated in any manner or by any means,
for the purpose of inducing, or that is likely to induce, directly
or indirectly, the purchase or use of any food, drug, device, or
cosmetic.
   109890.  "Antibiotic drug" means any drug intended for use by man
or other animal and that contains any quantity of any chemical
substance produced by a micro-organism or the chemically synthesized
equivalent and that, in dilute solutions, has the capacity to inhibit
or destroy micro-organisms.
   109895.  "Color additive" means a substance that satisfies both of
the following requirements:
   (a) It is a dye, pigment, or other substance made by a process of
synthesis or similar artifice, or extracted, isolated, or otherwise
derived, with or without intermediate or final change of identity,
from a vegetable, animal, mineral, or other source.
   (b) When added or applied to a food, drug, device, or cosmetic, or
to the human body or any part of the body, it is capable, alone or
through reaction with any other substance, of imparting color to the
food, drug, device, or cosmetic, or to the human body or the part of
the human body, to which it is added or applied.
   The term "color additive" does not include any material that the
department, by regulation, determines is used, or intended to be
used, solely for a purpose or purposes other than coloring.
   The term "color," as used in this section, includes black, white,
and intermediate grays.
   This section does not apply to any pesticide chemical, soil, or
plant nutrient, or other agricultural chemical, solely because of its
effect in aiding, retarding, or otherwise affecting, directly or
indirectly, the growth or other natural physiological process of
produce of the soil and thereby affecting its color, whether before
or after harvest.
   109900.  "Cosmetic" means any article, or its components, intended
to be rubbed, poured, sprinkled, or sprayed on, introduced into, or
otherwise applied to, the human body, or any part of the human body,
for cleansing, beautifying, promoting attractiveness, or altering the
appearance.
   The term "cosmetic" does not include soap.
   109905.  "Counterfeit", as used in respect to any food, drug,
device, or cosmetic, means a food, drug, device, or cosmetic that
bears or whose package or labeling bears, without authorization, the
trademark, trade name, or other identifying mark, imprint, or device,
or any likeness or trademark, trade name, or other identifying mark,
imprint, or device of a manufacturer, processor, packer, or
distributor, other than the actual manufacturer, processor, packer,
or distributor, or that falsely purports or is represented to be the
product of, or to have been packed or distributed by, the other
manufacturer, processor, packer, or distributor.
   109910.  "Department" means the State Department of Health
Services.
   109915.  "Director" means the State Director of Health Services.

   109920.  "Device" means any instrument, apparatus, implement,
machine, contrivance, implant, in vitro reagent, or other similar or
related article, including any component, part, or  accessory, that
is any of the following:
   (a) Recognized in the official National Formulary or the United
States Pharmacopoeia, or any supplement to them.
   (b) Intended for use in the diagnosis of disease or other
condition, or in the cure, mitigation, treatment, or prevention of
disease in humans or any other animal.
   (c) Intended to affect the structure or any function of the body
of humans or any other animal and that does not achieve any of its
principal intended purposes through chemical action within or on the
body of humans or other animals and that is not dependent upon being
metabolized for the achievement of any of its principal intended
purposes.
   109925.  "Drug" means any of the following:
   (a) Any article recognized in an official compendium.
   (b) Any article used or intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in human beings or
any other animal.
   (c) Any article other than food, that is used or intended to
affect the structure or any function of the body of human beings or
any other animal.
   (d) Any article used or intended for use as a component of any
article designated in subdivision (a), (b), or (c) of this section.
   The term "drug" does not include any device.
   Any food for which a claim, (as described in Sections 403(r)(1)(B)
(21 U.S.C. Sec. 343(r)(1)(B)) and 403(r)(3) (21 U.S.C. Sec. 343(r)
(3)) or Sections 403(r)(1)(B) (21 U.S.C. Sec. 343(r)(1)(B)) and 403
(r)(5)(D) (21 U.S.C. Sec. 343(r)(5)(D)) of the federal act), is made
in accordance with the requirements set forth in Section 403(r) (21
U.S.C. Sec. 343(r)) of the federal act, is not a drug under
subdivision (b) solely because the label or labeling contains such a
claim.
   109930.  "Federal act" means the federal Food, Drug, and Cosmetic
Act, as amended (21 U.S.C. Sec. 301 et seq.).
   109935.  "Food" means any of the following:
   (a) Any article used or intended for use for food, drink,
confection, condiment, or chewing gum by man or other animal.
   (b) Any article used or intended for use as a component of any
article designated in subdivision (a).
   109940.  "Food additive" means any substance, the intended use of
which results or may reasonably be expected to result, directly or
indirectly, in the substance becoming a component of the food or
otherwise affecting characteristics of the food.  This includes any
substance or radiation source intended for use in producing,
manufacturing, packing, treating, packaging, transporting, or holding
any food.
   The term "food additive" does not include any of the following:
   (a) A pesticide chemical in or on a raw agricultural commodity.
   (b) A pesticide chemical that is used, or intended for use, in the
production, storage, or transportation of any raw agricultural
commodity.
   (c) A color additive.
   (d) Any substance used in accordance with a sanction or approval
granted prior to the enactment of the Food Additives Amendment of
1958 (72 Stat. 1784), pursuant to the federal act; the Poultry
Products Inspection Act (71 Stat. 441; 21 U.S.C. Sec. 451 et seq.);
the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended
and extended (21 U.S.C. Sec.  71 et seq.); or the Food and
Agricultural Code of this state.
   109945.  "Food and drug inspector" means any authorized agent of
the Bureau of Food and Drug of the department, who shall have the
powers set forth in Section 106500.
   109950.  "Immediate container" does not include any package liner.

   109955.  "Label" means a display of written, printed, or graphic
matter upon a food, drug, device, or cosmetic or upon its immediate
container.
   109960.  "Labeling" means any label or other written, printed, or
graphic matter upon a food, drug, device, or cosmetic or upon its
container or wrapper, or that accompanies any food, drug, device, or
cosmetic.
   109965.  "Local health department" means the health department of
a city, county, city and county, or local health district that
qualifies for state assistance pursuant to Chapter 3 (commencing with
Section 101175) of Part 3 of Division 101, or any city health
department of a city that has had its own health department for 12
years or more.
   109970.  "Manufacture" means the preparation, compounding,
propagation, processing, or fabrication of any food, drug, device, or
cosmetic.  The term "manufacture" includes repackaging or otherwise
changing the container, wrapper, or labeling of any food, drug,
device, or cosmetic in furtherance of the distribution of the food,
drug, device, or cosmetic.  The term "manufacture" does not include
repackaging from a bulk container by a retailer at the time of sale
to its ultimate consumer.
   109975.  "New device" means any of the following:
   (a) Any device the composition, construction, or properties of
which are such that the device is not generally recognized, among
experts qualified by scientific training and experience to evaluate
the safety and effectiveness of devices, as having been adequately
shown, through scientific investigations to be safe and effective for
use under the conditions prescribed, recommended, or suggested in
the labeling or advertising thereof.
   (b) Any device the composition, construction, or properties of
which are such that the device, as a result of such investigation to
determine its safety and effectiveness for use under these
conditions, has become so recognized, but which has not, otherwise
than in the investigations, been used to a material extent or for a
material time under the conditions.
   109980.  "New drug" means either of the following:
   (a) Any drug the composition of which is such that the drug is not
generally recognized, among experts qualified by scientific training
and experience to evaluate the safety and effectiveness of drugs, as
safe and effective for use under the conditions prescribed,
recommended, or suggested in the labeling or advertising thereof.
   (b) Any drug the composition of which is such that the drug, as a
result of investigations to determine its safety and effectiveness
for use under these conditions, has become so recognized, but that
has not, otherwise than in the investigations, been used to a
material extent or for a material time under the conditions.
   109985.  "Official compendium" means the latest edition of the
United States Pharmacopoeia, the latest edition of the Homeopathic
Pharmacopoeia of the United States, or the latest edition of the
National Formulary, or any supplement to any of these.
   109990.  "Package" means any container or wrapper that may be used
by a manufacturer, producer, jobber, packer, or dealer for enclosing
or containing any food, drug, device, or cosmetic.
   The term "package" does not include any of the following:
   (a) Any shipping container or outer wrapping used solely for the
transportation of a food, drug, device, or cosmetic in bulk quantity
to any manufacturer, packer, processor, or wholesale or retail
distributor.
   (b) Any shipping container or outer wrapping used by any retailer
to ship or deliver any food, drug, device, or cosmetic to any retail
consumer if the container or wrapping bears no printed matter
pertaining to any food, drug, device, or cosmetic.
   109995.  "Person" means any individual, firm, partnership, trust,
corporation, limited liability company, company, estate, public or
private institution, association, organization, group, city, county,
city and county, political subdivision of this state, other
governmental agency within the state, and any representative, agent,
or agency of any of the foregoing.
   110000.  "Pesticide chemical" means any substance that alone, in
chemical combination, or in formulation with one or more substances,
is an "economic poison" within the meaning of Section 12753 of the
Food and Agricultural Code of this state or the Federal Insecticide,
Fungicide, and Rodenticide Act (61 Stat. 163; 7 U.S.C. Sec. 135 et
seq.), and that is used in the production, storage, or transportation
of any raw agricultural commodity.
   110005.  "Potentially hazardous food" means any food capable of
supporting growth of infections or toxicogenic micro-organisms when
held at temperatures above 45 degrees Fahrenheit.
   110010.  "Prescription" means an oral order given individually for
the patient for whom prescribed directly from the prescriber to the
furnisher or indirectly by means of a written order signed by the
prescriber that bears the name and address of the prescriber, the
license classification of the prescriber, the name and address of the
patient, the name and quantity of drug or device prescribed, the
directions for use, and the date of issue.
   110015.  "Principal display panel" means that part of a label most
likely to be displayed, presented, shown, or examined under normal
and customary conditions of display for retail sale.
   110020.  "Raw agricultural commodity" means any food in its raw or
natural state.  It includes, but is not limited to, any fruit that
is washed, colored, or otherwise treated in its unpeeled natural form
prior to marketing.
   110025.  "Substantial evidence" means evidence consisting of
adequate and well-controlled investigations, including clinical
investigations, by experts qualified by scientific training and
experience to evaluate the effectiveness of the drug or device
involved, on the basis of that it could be fairly and responsibly
concluded by the experts that the drug or device will have the effect
it purports or is represented to have under the conditions of use
prescribed, recommended, or suggested in the labeling, proposed
labeling, or advertising of any drug or device.
   110030.  The provisions of this part regarding the selling of any
food, drug, device, or cosmetic include, but are not limited to, all
of the following:
   (a) The manufacture, production, processing, and packing of any
food, drug, device, or cosmetic.
   (b) The exhibition, offer, possession, or holding of any food,
drug, device, or cosmetic for sale, dispensing, giving, supplying, or
applying in the conduct of any establishment.
   (c) The sale, dispensing, giving, supplying, or applying of any
food, drug, device, or cosmetic in the conduct of any establishment.

   110035.  All regulations pertaining to any food, drug, device, or
cosmetic adopted by the department that are in effect on the
effective date of this part shall remain in effect until the
department adopts regulations pursuant to this part which repeal the
regulations.
   110040.  This part shall be so construed as to not be in conflict
with the Food and Agricultural Code, or with the Alcoholic Beverage
Control Act, Division 9 (commencing with Section 23000) of the
Business and Professions Code, and the regulations adopted pursuant
thereto.

      CHAPTER 2.  ADMINISTRATION
      Article 1.  General

   110045.  The department shall administer and enforce this part.
   110050.  The Food Safety Fund is hereby created as a special fund
in the State Treasury.  All moneys collected by the department under
Section 110470 and under Article 7 (commencing with Section 110810)
of Chapter 5 shall be deposited in the Food Safety Fund, for use by
the department, upon appropriation by the Legislature, for the
purposes of providing funds necessary to carry out and implement the
inspection provisions of this part relating to food and the
registration provisions of Article 7 (commencing with Section 110810)
of Chapter 5.
   110055.  All money collected by the department under Sections
111830, 111885, and 111905 shall be deposited into the State Treasury
to the credit of the General Fund.
   110060.  The director and authorized agents of the department
shall have the powers set forth in Sections 100165 and 106500.
   110065.  The department may adopt any regulations that it
determines are necessary for the enforcement of this part.  The
regulations shall be adopted by the department in the manner
prescribed by Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.  The department
shall, insofar as practicable, make these regulations conform with
those adopted under the federal act or by the United States
Department of Agriculture or by the Internal Revenue Service of the
United States Treasury Department.
   110070.  Whenever public health or other considerations in this
state require, the department may adopt, upon its own motion, or upon
the petition of any interested party, regulations that prescribe
tolerances, included but not limited to zero tolerances, for
poisonous or deleterious substances, food additives, pesticide
chemicals, or color additives.  The department may also prescribe the
conditions under which a food additive or a color additive may be
safely used and may grant exemptions for a food additive or color
additive when it is to be used solely for investigational or
experimental purposes.
   A petitioner shall establish, by data submitted to the department,
that a necessity exists for such regulations and that its effect
will not be detrimental to the public health.  If the data furnished
by the petitioner is not sufficient to allow the department to
determine whether such regulations should be adopted, the department
may require additional data to be submitted.  Failure to comply with
this requirement shall be sufficient grounds to deny the request.
   110075.  In adopting regulations, pursuant to Section 110070 of
this part, the department shall consider all of the following factors
that the petitioner shall furnish:
   (a) The name and all pertinent information concerning the
poisonous or deleterious substance, food additive, pesticide
chemical, or color additive, including its chemical identity and
composition, its proposed use, including directions, recommendations,
and suggestions, its proposed labeling, and all other relevant data
bearing on its physical or other technical effect, and the quantity
required to produce that effect.
   (b) The probable composition of any substance formed in or on a
food, drug, device, or cosmetic resulting from the use of the
substance.
   (c) The probable consumption and effect of the substance in the
diet of man or any other animal.
   (d) Safety factors that, in the opinion of qualified experts, are
generally recognized as appropriate for the use of animal
experimentation data.
   (e) Practicable methods of analysis for determining the identity
and quantity of all of the following:
   (1) Any substance which is in or on the food, drug, device, or
cosmetic.
   (2) Any substance formed in or on the food, drug, device, or
cosmetic because of the use of the substance.
   (3) The pure substance and its anticipated breakdown products and
impurities.
   (f) Facts supporting the contention that the use of the substance
will serve a useful purpose.
   110080.  (a) All pesticide regulations and any amendments to these
regulations adopted pursuant to the federal act or the Food and
Agricultural Code, in effect on November 23, 1970, or adopted on or
after this date, are the pesticide regulations in this state.  The
department may, by regulation, prescribe tolerances for pesticides in
processed foods in this state whether or not these tolerances are in
accordance with the regulations adopted pursuant to the federal act
or the Food and Agricultural Code.
   (b) Except as otherwise provided in this subdivision, the
department shall evaluate the tolerance prescribed, or an exemption
from a tolerance granted, for a pesticide in processed foods and make
a determination whether or not the existing tolerance, or the
exemption from a tolerance, is protective of the public health
whenever any one of the following occurs:
   (1) The Director of Food and Agriculture designates the pesticide
as a restricted material pursuant to subdivisions (a) and (b) of
Section 14004.5 of the Food and Agricultural Code.
                                            (2) The Director of Food
and Agriculture refuses to register or cancels the registration of
the pesticide pursuant to Section 12825, or suspends the registration
of the pesticide pursuant to Section 12826, of the Food and
Agricultural Code, upon determining that the pesticide is detrimental
to the public health and safety.
   (3) The Director of Food and Agriculture adopts regulations
restricting worker entry into areas treated with the pesticide
pursuant to Section 12981 of the Food and Agricultural Code.
   (4) The pesticide is the subject of a proceeding pursuant to a
determination by the Environmental Protection Agency under paragraph
(3)(i)(A), (3)(ii)(A), (3)(ii)(B), or (3)(iii) of subsection (a) of
Section 162.11 of Title 40 of the Code of Federal Regulations.
   The requirement to evaluate a tolerance prescribed, or an
exemption from a tolerance granted, for a pesticide does not apply if
the department finds that any of the actions described in paragraphs
(1) to (4), inclusive, occurred for reasons that are not related to
the question whether or not the existing tolerance, or the exemption
from a tolerance, adequately protects the public health.  If the
department makes such a finding, the reasons for the finding shall be
stated in writing.
   (c) The determination required by subdivision (b), and the reasons
for the determination, shall be stated in  writing.  If the
determination is required because any of the actions described in
paragraphs (1) to (4), inclusive, of subdivision (b) occurs after
January 1, 1985, the determination shall be completed within one year
of the date of the action.  If the determination is required because
any of those actions occurred prior to January 1, 1985, the
determination shall be completed by January 1, 1990.
   (d) In any case where the department, after consultation with the
Department of Food and Agriculture, determines, pursuant to
subdivision (b), that the tolerance prescribed, or an exemption from
a tolerance granted, for a pesticide is not protective of the public
health, the  department shall, if it does not act immediately
pursuant to subdivision (a), transmit notice of its determination to
the responsible federal agencies and shall request that they take
action, pursuant to the federal act, to modify the tolerance or an
exemption from a tolerance.  If, after one year from the date the
notice is transmitted, the department finds that the responsible
federal agencies have failed to take appropriate action to protect
the public health, the department shall exercise its authority
pursuant to subdivision (a) to prescribe a tolerance that is
protective of the public health and shall notify the responsible
federal agencies of its action.
   110085.  All food additive regulations and any amendments to the
regulations adopted pursuant to the federal act in effect on November
23, 1970, or adopted on or after that date, are the food additive
regulations of this state.  The department may, by regulation,
prescribe conditions under which a food additive may be used in this
state whether or not these conditions are in accordance with the
regulations adopted pursuant to the federal act.
   110090.  All color additive regulations and any amendments to the
regulations adopted pursuant to the federal act, in effect on
November 23, 1970, or adopted on or after that date, are the color
additive regulations of this state.  The department may, by
regulation, prescribe conditions under which a color additive may be
used in this state whether or not those conditions are in accordance
with regulations adopted pursuant to the federal act.
   110095.  All special dietary use regulations and any amendments to
regulations adopted pursuant to the federal act, in effect on
November 23, 1970, or adopted on or after that date, are the special
dietary use regulations of this state.  If the department finds that
it is necessary to inform purchasers of the value of a food for
special dietary use, it may adopt any special dietary use regulation,
whether or not the regulation is in accordance with the regulations
adopted pursuant to the federal act.
   110100.  (a) All food labeling regulations and any amendments to
those regulations adopted pursuant to the federal act, in effect on
January 1, 1993, or adopted on or after that date shall be the food
labeling regulations of this state.
   (b) The department may, by regulation, adopt additional food
labeling regulations.  Prior to the adoption of any food labeling
regulation pursuant to this subdivision, the department shall seek
comments from consumer groups and representatives of the food
industry that have been identified by the department as being
affected by the proposed regulation.
   110105.  All good manufacturing practices regulations for any
food, drug, device, or cosmetic and any amendments to the regulations
adopted pursuant to the federal act in effect on November 23, 1970,
or adopted on or after such date, are the good manufacturing
practices regulations of this state.  If the department finds that it
is necessary for the protection of consumers, it may adopt
interpretative regulations as necessary to define "current good
manufacturing practice" as used in this part.
   110110.  (a) All regulations relating to (1) new drug
applications, except for abbreviated new drug applications, adopted
pursuant to Section 505 of the federal act (21 U.S.C. Sec. 355), (2)
applications for premarket approval of new devices, adopted pursuant
to Section 515 of the federal act (21 U.S.C. Sec. 360e), and (3)
postmarketing reports, recordkeeping, and other postapproval
requirements for approved new drug applications or approved new
device premarket approval applications, adopted pursuant to the
federal act, that are in effect on January 1, 1993, or that are
adopted on or after that date, shall be the new drug and new device
application regulations of this state.
   (b) The department may, by regulation, adopt any new drug or new
device application regulation that it determines is necessary for the
administration and enforcement of this part, whether or not the
regulation is in accordance with the regulations adopted pursuant to
the federal act.
   110115.  A federal regulation adopted pursuant to this part takes
effect in this state 30 days after it becomes effective as a federal
regulation.  Any person who will be adversely affected by adoption of
the federal regulation in this state may, within the 30 days prior
to its becoming effective in this state, file with the department, in
writing, objections and a request for a hearing.  The timely filing
of substantial objections to a regulation that has become effective
under the federal act, stays the adoption of the regulation in this
state.
   110120.  If no substantial objections are received and no hearing
is requested within 30 days after publication of a newly proposed
state regulation, it shall take effect on the date set by the
department.  The effective date shall be at least 60 days after the
time for filing objections has expired.
   110125.  If substantial objections are made to a federal
regulation within 30 days prior to its becoming effective in this
state or to a proposed regulation within 30 days after it is
published, the department, after notice, shall conduct a public
hearing to receive evidence on issues raised by the objections.  Any
interested person or his or her representative may be heard.  The
department shall act upon objections by order and shall mail the
order to objectors by certified mail as soon after the hearing as
practicable.  The order shall be based on evidence contained in the
record of the hearing.  If the order concerns a federal regulation,
the department may adopt, rescind, or modify it.  If the order
concerns a proposed regulation, the department may withdraw it or set
an effective date for the regulation as published or as modified by
the order.  The effective date shall be at least 60 days after
publication of the order.
   110130.  Hearings authorized or required by this part shall be
conducted by the department or agent as the department may designate
for that purpose.
   110135.  Before any alleged violation of this part is reported to
the Attorney General, a district attorney, or a city attorney for the
institution of a criminal proceeding, the person against whom this
proceeding is contemplated may be given appropriate notice and an
opportunity to show cause why he or she should not be prosecuted and
to present additional facts that may mitigate the action.  The
showing may be presented either orally or in writing, in person, or
by attorney.

      Article 2.  Inspection and Sampling

   110140.  For purposes of enforcement of this part, any authorized
agent of the department may, upon presenting appropriate credentials
and at a reasonable time, do any of the following:
   (a) Enter any factory, warehouse, or establishment in which any
food, drug, device, or cosmetic is manufactured, packed, or held;
enter any vehicle that is being used to transport or hold the food,
drug, device, or cosmetic; or enter any place where any food, drug,
device, or cosmetic is suspected of being held in violation of this
part.
   (b) Inspect any factory, warehouse, establishment, vehicle, or
place, and all pertinent equipment, raw material, finished and
unfinished materials, containers, and labeling in the factory,
warehouse, establishment, vehicle, or place.  In the case of any
factory, warehouse, establishment, or consulting laboratory in which
any food, drug, device, or cosmetic is manufactured, packed, or held,
inspection shall include any record, file, paper, process, control,
and facility that has a bearing on whether the food, drug, device, or
cosmetic is adulterated or misbranded, or falsely advertised within
the meaning of this part or whether it has been or is being
manufactured, packed, transported, sold, or offered for sale in
violation of this part.
   110145.  The inspection authorized by Section 110140 shall not
include any of the following:
   (a) Financial data.
   (b) Sales data, other than shipment data.
   (c) Pricing data.
   (d) Personnel data, except data as to qualifications of technical
and professional personnel.
   (e) Research data, except data relating to any new drug or
antibiotic drug that is subject to reporting and inspection under
this part or the federal act.
   110150.  An authorized agent of the department may secure any
sample or specimen of any food, drug, device, or cosmetic.  If the
agent obtains any samples prior to leaving the premises, he or she
shall leave a receipt describing any sample obtained.
   110155.  An authorized agent of the department shall have access
to all records of carriers in commerce relating to the movement in
commerce of any food, drug, device, or cosmetic, or the holding of
that food, drug, device, or cosmetic during or after the movement,
and the quantity, shipper, and consignee of the food, drug, device,
or cosmetic.  Evidence obtained under this section shall not be used
in a criminal prosecution of the person from whom it is obtained.
The carrier shall not be subject to the other provisions of this part
by reason of their receipt, carriage, holding, or delivery of any
food, drug, device, or cosmetic in the usual course of business as
carriers.
   110160.  It is unlawful for any person to refuse to permit entry
or inspection, the taking of samples or other evidence, or access to
copying of any record as authorized by this part, or to conceal the
samples or evidence, or withhold evidence concerning them.
   110165.  It is unlawful for any person to use to his or her own
advantage, or to reveal to any person other than to the director or
officers or employees of this department, or to the courts when
relevant in any judicial proceeding under this part, any information
acquired under authority of this part concerning any method or
process which as a trade secret is entitled to protection.

      Article 3.  Publicity

   110170.  The department may publish reports summarizing all
judgments and court orders that have been rendered under this part,
including the nature of the charge and the disposition of the charge.

   110175.  The department may distribute information regarding any
food, drug, device, or cosmetic as the department considers necessary
for the protection of the health and safety of the consumer or for
his or her protection from fraud.
   110180.  The department may collect, report, or illustrate the
results of any investigation of the department.

      Article 4.  Export Documents

   110185.  Any person who ships to another state or country a food,
drug, or device manufactured or produced in this state may request
the department to issue an export document to reference the shipment
of the food, drug, or device or a person who manufactures or produces
the food, drug, or device.  The requesting person shall submit to
the department all of the following:
   (a) Each request for referencing the shipment of a food, drug, or
device shall include all of the following information:
   (1) Copies of any labels, labeling, and advertising affixed to or
accompanying the food, drug, or device.
   (2) If not clearly evident from the materials submitted pursuant
to paragraph (1) both of the following:
   (A) The name and place of business of the manufacturer or producer
of the food, drug, or device.
   (B) The identity of the food, drug, or device.
   (3) The quantity of the food, drug, or device being shipped.
   (4) The name of the state or country to which the food, drug, or
device is being shipped.
   (5) The date and means of shipment of the food, drug, or device.
   (6) Additional statements the requesting person wishes to have
incorporated into the export document.
   (7) The name and telephone number of a person to whom the
department may refer questions or requests for additional information
about the request.
   (b) Each request for referencing a person who manufactures or
produces foods, drugs, or devices shall include all of the following
information:
   (1) The name and place of business of the person and whether the
products manufactured or produced are foods, drugs, or devices.
   (2) The name of the state or country to which the export document
will be sent.
   (3) Additional statements the requesting person wishes to have
incorporated into the export document.
   (4) The name and telephone number of a person to whom the
department may refer questions or requests for additional information
about the request.
   110190.  Any person who ships to another state or country a food,
drug, device, or cosmetic manufactured or produced in this state may
request the department to issue an export document to reference the
shipment of the food, drug, device, or cosmetic.  The food, drug,
device, or cosmetic shall be manufactured or produced in this state
by a person who has a valid registration, license, certificate, or
permit issued by the department under this part or the Miscellaneous
Food, Food Facility, and Hazardous Substances Act (Section 27).  For
each request, the requesting person shall submit to the department
all of the following:
   (a) All original labels, labeling, and advertising affixed to,
accompanying, or relating to the food, drug, device, or cosmetic.
The department may accept copies if submission of original labels,
labeling, or advertising is impractical.
   (b) If not clearly evident from the materials submitted pursuant
to subdivision (a), the requester shall submit both of the following:

   (1) The name, place of business, and the type and number of the
registration, license, certificate, or permit issued by the
department to the manufacturer or producer of the food, drug, device,
or cosmetic.
   (2) The identity of the food, drug, device, or cosmetic being
shipped.
   (c) The name of the state or country to which the food, drug,
device, or cosmetic is being shipped.
   (d) The approximate date of shipment of the food, drug, device, or
cosmetic.
   (e) Additional statements the requesting person wishes to have
incorporated into the export document.
   (f) The name and telephone number of the requesting person to whom
the department may refer questions or requests for additional
information.
   (g) The one-time fee required by paragraph (1) of subdivision (a)
of Section 110210, if the fee has not yet been paid, and the minimum
charge required by paragraph (2) of subdivision (a) of Section
110210.
   110195.  Each export document issued by the department shall do
all of the following:
   (a) The reference of the shipment of a food, drug, or device in
the export document shall do all of the following:
   (1) Identify the name and place of business of the manufacturer or
producer of the food, drug, or device.
   (2) Identify the food, drug, or device being shipped and its
quantity.
   (3) Identify the state or country to which the food, drug, or
device is being shipped.
   (4) Identify the date and means of shipment of the food, drug, or
device.
   (5) Describe the department's authority over the food, drug, or
device to be shipped and its manufacturer or producer, including, but
not limited to, the expiration date of any applicable license,
registration, certificate, or permit issued by the department.
   (6) State that the department does not object to the sale of the
food, drug, or devise in this state or the shipment of the food,
drug, or devise to any other state or country.
   (b) The reference of a person who manufactures or produces foods,
drugs, or devices shall do all of the following:
   (1) Identify the state or country to which the export document
will be sent.
   (2) Describe the department's authority over the person,
including, but not limited to, the expiration date of any applicable
license, registration, certificate, or permit issued by the
department.
   (3) State that the person is regularly engaged in the business of
selling foods, drugs, or devices in this state.
   (c) Each export document issued by the department may, in the
department's sole discretion, include additional statements requested
by the person who requested the export document.
   (d) Each export document issued by the department shall be signed
by the Chief of the Food and Drug Branch of the department, or his or
her designee.  The Chief or his or her designee may issue an export
document prepared by the department or by the requesting person.
   110200.  (a) Each export document issued by the department shall
do all of the following:
   (1) Identify either or both of the following:
   (A) The name and place of business of the manufacturer or producer
of the food, drug, device, or cosmetic.
   (B) The name and place of business of the distributor of the food,
drug, device, or cosmetic.
   (2) Identify the food, drug, device, or cosmetic being shipped.
   (3) Identify the state or country to which the food, drug, device,
or cosmetic is being shipped.
   (4) Identify the approximate date of shipment.
   (5) Describe the department's authority over the food, drug,
device, or cosmetic to be shipped and its manufacturer or producer.
   (6) State that the department does not object to the sale of the
food, drug, device, or cosmetic in this state or the shipment of the
food, drug, device, or cosmetic to any other state or country.
   (b) Each export document issued by the department may, in the
department's sole discretion, include additional statements requested
by the person who requested the export document.
   (c) Each export document issued by the department shall be issued
by the Chief of the Food and Drug Branch of the department, or his or
her designee.  The chief or his or her designee may issue an export
document prepared by the department or by the requesting person.
   (d) The export document shall expire 180 days after its issue
date.
   110210.  (a)  Each person requesting the department to issue an
export document shall pay nonreturnable fees as follows:
   (1) A one-time fee of one hundred dollars ($100).
   (2) A fee for service charge at the rate of eighty dollars ($80)
per hour, at a minimum of twenty-five dollars ($25) per request.
   (3) Any attendant costs incurred by the department, including, but
not limited to, the costs of additional inspection, priority
mailing, or notary service necessitated by the request.
   (b) The fee amounts shall be adjusted annually pursuant to Section
100425.
   (c) In no case shall the fees exceed the reasonable costs of the
department in administering this article.
   (d) The department shall provide to the person who pays the fees a
statement or invoice that describes the costs paid from the fees.
   110220.  (a) The department may refuse to accept any request where
the information required to be submitted by this article is
incomplete.
   (b) The department may refuse to issue an export document, or may
invalidate an export document, if it finds, or has probable cause to
believe, any of the following:
   (1) The food, drug, device, or cosmetic, or requesting person
violated any provision of this part, the Miscellaneous Food, Food
Facility, and Hazardous Substances Act (Section 27), or any
regulation adopted pursuant to this part or that act.
   (2) Any information required to be submitted by this article is
incomplete or false.
   (3) The requesting person has not paid all outstanding fees
required by this article.
   (4) The food, drug, device, or cosmetic is not manufactured or
produced in this state.
   (5) The food, drug, device, or cosmetic is intended to be exported
under Section 110655, 110790, 111315, 111460, 111720, or 111785.
   (6) The food is a raw agricultural commodity or dairy product
regulated by the Department of Food and Agriculture or a poultry or
meat product regulated by the United States Department of
Agriculture.
   (c) If the department refuses to issue an export document, or
invalidates an export document, the department shall inform the
requesting person in writing of the reasons for the refusal or
invalidation.  The requesting person may request reconsideration by
forwarding a written request to the Chief of the Division of
Environmental Health of the department.  The request for
reconsideration must be postmarked or received by the department no
later than 30 days after the date of the department's refusal or
invalidation, and shall include a complete statement of all arguments
and evidence that support the request for reconsideration.  The
Chief of the Division of Environmental Health shall notify the
requesting person of his or her decision within 30 days.  The
decision of the Chief of the Division of Environmental Health shall
be final.
   (d) It is the intent of the Legislature that the department shall
respond to each request for issuance of an export document within
five working days of receipt of the request by the Food and Drug
Branch of the department.
   110225.  It is unlawful for any person to knowingly supply the
department with false material facts in a request for an export
document or to falsely represent that the department has issued an
export document.
   110230.  Any person who has a valid registration, license,
certificate, or permit issued by the department to manufacture or
produce a food, drug, device, or cosmetic in this state may request
the department to issue an official copy of the valid registration,
license, certificate, or permit.
   110235.  (a) Each person requesting the department to issue an
official copy of a valid registration, license, certificate, or
permit shall pay nonreturnable fees as follows:
   (1) Fifteen dollars ($15) per official copy.
   (2) Any attendant costs incurred by the department, including, but
not limited to, the costs of additional inspection, priority
mailing, or notary service necessitated by the request.
   (b) The fee amount shall be adjusted annually pursuant to Section
100425.
   (c) The department shall provide to the person who pays the fees a
statement or invoice that describes the costs paid from the fees.
   110240.  There is established an Export Document Program Fund
within the General Fund.  All fees collected pursuant to Sections
110210 and 110235 shall be deposited into the Export Document Program
Fund and, upon appropriation, shall be expended by the department
for the purpose of administering this article.

      CHAPTER 3.  GUARANTEES

   110245.  No dealer shall be prosecuted under this part for a
violation concerning any food, drug, device, or cosmetic that is
contained in an original, unbroken, and undamaged package that bears
the original labeling if all of the following requirements are
satisfied:
   (a) He or she has used reasonable care in the storage and handling
of the food, drug, device, or cosmetic.
   (b) He or she received the food, drug, device, or cosmetic in the
usual channels of trade as first-class merchantable stock and not as
seconds or damaged articles or job lots purchased under conditions
that indicate that the food, drug, device, or cosmetic was not usual
first-class merchandise.
   (c) He or she can produce a guarantee to the effect that the food,
drug, device, or cosmetic is not adulterated, misbranded, or falsely
advertised, within the meaning of this part, or that it is not a
food, drug, device, or cosmetic which, pursuant to this part, may not
be sold or offered for sale in this state.
   110250.  The guarantee shall be dated prior to the date of sale of
the food, drug, device, or cosmetic and it shall be signed by the
wholesaler, jobber, manufacturer, or other person located or residing
in this state from whom the dealer received the food, drug, device,
or cosmetic in good faith.
   110255.  A guarantee may be either a general guarantee or a
special guarantee and shall be produced prior to the time of
reporting an alleged violation to the Attorney General, the district
attorney, or a city attorney for prosecution.
   110260.  A general guarantee shall guarantee without condition or
restriction any food, drug, device, or cosmetic that is produced,
prepared, compounded, packed, distributed, or sold by the guarantor
as not adulterated, mislabeled, misbranded, falsely advertised, or
that the article is not an article under this part that may not be
sold or offered for sale.
   110265.  A special guarantee shall guarantee in the same manner as
a general guarantee the particular food, drug, device, or cosmetic
listed in an invoice of the food, drug, device, or cosmetic, and
shall be attached to, or shall fully identify, the invoice.
                                     110270.  All guarantees shall
contain the name and address of the guarantor making the sale of
food, drug, device, or cosmetic.  A guarantee shall protect the
person only when the food, drug, device, or cosmetic covered by the
guarantee remains identical, both as to composition and labeling,
with the food, drug, device, or cosmetic as composed and labeled when
originally received from the guarantor.
   110275.  It is unlawful for any person to give a guarantee or
undertaking that is false.
   110280.  If the guarantee is to the effect that the food, drug,
device, or cosmetic is not in violation within the meaning of the
federal act, it shall be sufficient for all the purposes of this
part, and shall have the same force and effect as though it referred
to this part, unless, pursuant to this part, the standard for the
food, drug, device, or cosmetic concerned is higher than the standard
for a like food, drug, device, or cosmetic under the federal act.
In that case, this part shall prevail over the federal act.
   110285.  In any case where the department has adopted a regulation
prescribing a tolerance, including, but not limited to, a zero
tolerance, for a poisonous or deleterious substance, food additive,
pesticide chemical, or color additive in processed foods, the
department may require manufacturers to guarantee that foods they
market in the state comply with the tolerance.  The department may
require a guarantee periodically but in no case more often than once
each calendar quarter.

      CHAPTER 4.  PACKAGING, LABELING, AND ADVERTISING
      Article 1.  General

   110290.  In determining whether the labeling or advertisement of a
food, drug, device, or cosmetic is misleading, all representations
made or suggested by statement, word, design, device, sound, or any
combination of these, shall be taken into account.  The extent that
the labeling or advertising fails to reveal facts concerning the
food, drug, device, or cosmetic or consequences of customary use of
the food, drug, device, or cosmetic shall also be considered.
   110295.  The requirement that any word, statement, or other
information appear on the label shall not be considered to be
complied with unless the word, statement, or other information also
appears on the outside container or wrapper of the retail package of
any food, drug, device, or cosmetic, or is easily legible through the
outside container or wrapper.
   110300.  It is unlawful for any person to forge, counterfeit,
simulate, falsely represent, or without proper authority use, any
mark, stamp, tag, label, or other identification device that is
authorized or required by regulations adopted pursuant to this part
or the federal act.
   110305.  It is unlawful for any person to use on the labeling of
any drug or device, or any advertisement relating to any drug or
device, any representation or suggestion that an application with
respect to the drug or device is effective under Section 111550 or
that the drug or device complies with that section.
   110310.  It is unlawful for any manufacturer, packer, or
distributor of a prescription drug or device offered for sale in this
state to fail to maintain for transmittal or to fail to transmit to
any practitioner licensed by applicable state law to administer the
drug or device who makes written request for information as to the
drug or device true and correct copies of all printed matter that is
required to be included in any package in which that drug or device
is distributed or sold.  Nothing in this section shall be construed
to exempt any person from any labeling requirement imposed by or
under other provisions of this part.
   110315.  It is unlawful for any person, with the intent to
deceive, to place, or cause to be placed upon any food, drug, device,
or cosmetic, or its package, the trade name or other identifying
mark or imprint of another person or any likeness of the trade name
or other identifying mark or imprint of another person.
   110320.  It is unlawful for any person to sell, dispense, dispose
of, hold, or conceal any food, drug, device, or cosmetic or its
package, with knowledge that the trade name or other identifying
marks, imprint, or likeness of the trade name or other identifying
mark or imprint of another person has been placed on the food, drug,
device, or cosmetic or its package in a manner prohibited by Section
110315.
   110325.  It is unlawful for any person to possess, make, sell,
dispose of, cause to be made, or conceal any punch, die, plate, or
other device that may be used to render a food, drug, device, or
cosmetic or its package or labeling a counterfeit.
   110330.  It is unlawful for any person to do any act that causes
any food, drug, device, or cosmetic to be a counterfeit, or to sell,
dispense, or hold for sale or dispensing, the counterfeit food, drug,
device, or cosmetic.
   110335.  The department may adopt regulations exempting from any
labeling or packaging requirements of this part any food, drug,
device, or cosmetic that is in accordance with the practice of the
trade, to be processed, labeled, or repacked in substantial
quantities at establishments other than those where originally
processed and packed, on condition that the food, drug, device, or
cosmetic is not adulterated or misbranded under the provisions of
this part upon removal from the processing, labeling, or repacking
establishment.  Such food, drug, device, or cosmetic is subject to
all other applicable provisions of this part.
   All regulations relating to the exemptions that are in effect on
the effective date of this part, or that are adopted on or after that
date, pursuant to the federal act, are automatically effective in
this state.  The department may, however, adopt any additional
regulations concerning exemptions.

      Article 2.  Fair Packaging and Labeling

   110340.  All labels of foods, drugs, devices, or cosmetics shall
conform with the requirements of the declaration of net quantity of
contents of Section 4 of the Fair Packaging and Labeling Act (80
Stat. 1296; 15 U.S.C., Sec. 1451) and the regulations adopted
pursuant thereto.  Foods, drugs, devices, and cosmetics exempted from
the requirements of Section 4 of the Fair Packaging and Labeling
Act, however, are also exempt from this article.
   110345.  The label of any package of a food, drug, device, or
cosmetic that bears a representation as to the number of servings of
the commodity contained in the package shall bear a statement of the
net quantity, in terms of weight, measure, or numerical count, of
each serving.
   110350.  It is unlawful for any person to distribute, or cause to
be distributed, in commerce any packaged food, drug, device, or
cosmetic if any qualifying words or phrases appear in conjunction
with the separate statement of the net quantity of contents required
by Section 110340.
   This section, however, does not prohibit supplemental statements,
at other places on the package, describing in nondeceptive terms the
net quantity of contents.  Such supplemental statements of net
quantity of contents shall not include any term qualifying a unit of
weight, measure, or count that tends to exaggerate the amount of the
commodity contained in the package.
   110355.  Whenever the department determines that regulations
containing prohibitions or requirements, other than those prescribed
by Section 110340, are necessary to prevent the deception of
consumers or to facilitate value comparisons as to any food, drug,
device, or cosmetic, the department shall adopt regulations with
respect to that commodity.
   110360.  The department may establish and define standards for the
characterization of the size of a package that encloses any food,
drug, device, or cosmetic, that may be used to supplement the label
statement of net quantity of contents of packages containing the
commodity.  This section, however, does not authorize any limitation
on the size, shape, weight, dimension, or number of packages that may
be used to enclose any food, drug, device, or cosmetic.
   110365.  The department may regulate the placement upon any
package that contains any food, drug, device, or cosmetic or upon any
label affixed to the article, of any printed matter stating or
representing by implication that the article is offered for retail
sale at a price lower than the ordinary and customary retail sale
price or that a retail sale price advantage is accorded to any
purchaser of the article by reason of the size of that package or the
quantity of its contents.
   110370.  The department may require that the label on each package
of a food, drug, device, or cosmetic bear the common or usual name
of the article, if any, and in case the article consists of two or
more ingredients, the common or usual name of each ingredient listed
in order of decreasing predominance by weight.  This section,
however, does not require that any trade secret be divulged.
   110375.  The department may prohibit the nonfunctional slack fill
of packages containing any food, drug, device, or cosmetic.
   As used in this section, "nonfunctional slack-filled" means that a
package is filled to substantially less than its capacity for any
reason other than any of the following:
   (a) Protection of the contents of the package.
   (b) The requirements of machines used for enclosing the contents
in the package.
   110380.  All regulations and their amendments pertaining to foods,
drugs, devices, and cosmetics that are in effect on the effective
date of this part, or that are adopted on or after that date,
pursuant to the Fair Packaging and Labeling Act (80 Stat. 1296; 15
U.S.C. Sec. 1451 et seq.) shall be the regulations of this state.
The department may, when necessary, prescribe any packaging and
labeling regulation for foods, drugs, devices, and cosmetics whether
or not the regulation is in accordance with regulations adopted under
the Fair Packaging and Labeling Act.  No regulations shall be
adopted that are contrary to the labeling requirements for the net
quantity of contents required pursuant to Section 4 of the Federal
Fair Packaging and Labeling Act and the regulations adopted pursuant
to that section.
   110385.  It is unlawful for any person to distribute in commerce
any food, drug, device, or cosmetic, if its packaging or labeling
does not conform to the provisions of this article or to regulations
adopted pursuant to this article.  This section does not apply to
persons engaged in business as wholesale or retail distributors of
foods, drugs, devices, or cosmetics, except to the extent that they
are engaged in the packaging or labeling of the commodities or they
prescribe or specify the manner in which the commodities are packaged
or labeled.  This section shall not be construed to repeal,
invalidate, or supersede any other section of this part.

      Article 3.  Advertising

   110390.  It is unlawful for any person to disseminate any false
advertisement of any food, drug, device, or cosmetic.  An
advertisement is false if it is false or misleading in any
particular.
   110395.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food, drug, device, or cosmetic
that is falsely advertised.
   110398.  It is unlawful for any person to advertise any food,
drug, device, or cosmetic that is adulterated or misbranded.
   110400.  It is unlawful for any person to receive in commerce any
food, drug, device, or cosmetic that is falsely advertised or to
deliver or proffer for delivery any such food, drug, device, or
cosmetic.
   110403.  It is unlawful for any person to advertise any drug or
device represented to have any effect in any of the following
conditions, disorders, or diseases:
   (a) Appendicitis.
   (b) Blood disorders.
   (c) Bone or joint diseases.
   (d) Kidney disease or disorders.
   (e) Cancer.
   (f) Carbuncles.
   (g) Disease, disorder, or condition of the eye.
   (h) Diabetes.
   (i) Diphtheria.
   (j) Gall bladder disease or disorder.
   (k) Heart and vascular diseases.
   (l) High blood pressure.
   (m) Diseases or disorders of the ear or auditory apparatus,
including hearing loss and deafness.
   (n) Measles.
   (o) Meningitis.
   (p) Mental disease or mental retardation.
   (q) Paralysis.
   (r) Pneumonia.
   (s) Poliomyelitis.
   (t) Prostate gland disorders.
   (u) Conditions of the scalp, affecting hair loss, or baldness.
   (v) Alcoholism.
   (w) Periodontal diseases.
   (x) Epilepsy.
   (y) Goiter.
   (z) Endocrine disorders.
   (aa) Sexual impotence.
   (ab) Sinus infection.
   (ac) Encephalitis.
   (ad) Tumors.
   (ae) Venereal disease.
   (af) Tuberculosis.
   (ag) Ulcers of the stomach.
   (ah) Varicose ulcers.
   (ai) Scarlet fever.
   (aj) Typhoid fever.
   (ak) Whooping cough.
   (al) Acquired immune deficiency syndrome (AIDS).
   (am) AIDS-related complex (ARC).
   (an) Diseases, disorders, or conditions of the immune system.
   110405.  An advertisement that is not unlawful under Section
110390 is not unlawful under Section 110403 if it is disseminated
only to members of the medical, dental, pharmaceutical, or veterinary
professions, or appears only in the scientific periodicals of these
professions, or is disseminated only for the purpose of public health
education by persons not commercially interested, directly or
indirectly, in the sale of drugs or devices.
   110408.  Whenever the department determines that an advance in
medical science has made any type of self-medication safe and
effective as to any of the conditions, disorders, or diseases named
in Section 110403, the department shall, by regulation, authorize the
advertisement of any such drug or device as having a curative or
therapeutic effect for the disease, subject to conditions and
restrictions as the department may consider necessary to the
interests of public health.
   110410.  Section 110403 shall not be construed as indicating that
self-medication for conditions, disorders, or diseases other than
those named is safe or efficacious.
   110413.  No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the food, drug,
device, or cosmetic to which a false advertisement relates, shall be
liable under this article for the dissemination of the false
advertisement, unless he or she has refused to furnish the department
with the name and address of the manufacturer, packer, distributor,
seller, or advertising agency, residing in this state who caused him
or her to disseminate the advertisement.
   110415.  It shall be unlawful to advertise or otherwise represent
chopped or ground beef or hamburger in violation of Section 110805.

   110420.  (a) Any fragrance advertising insert contained in a
newspaper, magazine, mailing, or other periodically printed material
shall contain only microencapsulated oils.  Glue tabs or binders
shall be used to prevent premature activation of the fragrance
advertising insert.
   "Fragrance advertising insert" means a printed piece with
encapsulated fragrance applied to it that is activated by opening a
flap or removing an overlying ply of paper.
   Paperstocks employed in the manufacture of fragrance advertising
inserts shall have a maximum porosity of 20 Sheffield units or 172
Gurley-Hill units.
   (b) Any person who distributes fragrance advertising inserts in
violation of this section, is guilty of an infraction and shall, if
convicted, be subject to a fine of one hundred dollars ($100) for
each distribution.  The fine shall apply to each mass mailing or
distribution, and to each mass publication of a magazine or newspaper
in violation of this section.  The fine shall not apply, however, to
each individual letter, magazine, newspaper, or fragrance
advertising insert so distributed.  Section 111825 is not applicable
to violations of this section.
   (c) This section shall become operative on January 1, 1992.

      CHAPTER 5.  FOOD
      Article 1.  Generally

   110425.  Beer, that is subject to the Alcoholic Beverage Control
Act, Division 9 (commencing with Section 23000) of the Business and
Professions Code, shall only be subject to the provisions of this
chapter that relate to adulteration and misbranding.
   110430.  Whenever the department finds that a class of food
distributed in this state may, by reason of contamination with
micro-organisms during manufacture, packing, or storage, be injurious
to the health of any man or other animal that consumes it and that
the injurious nature cannot be adequately determined after this food
has entered commerce, the department shall adopt regulations
providing for the issuance of permits to manufacturers, processors,
or packers of the class of food.  These permits shall establish
conditions governing the manufacture, packing, or storage of the
class of food for the period of time as may be necessary to protect
the public health.  The regulations shall prescribe a date after
which no person shall introduce or deliver for introduction into
commerce any food manufactured, packed, or stored by any
manufacturer, processor, or packer, unless the person holds a permit
issued by the department as provided by the regulations.
   110435.  The department may suspend immediately, upon written or
oral notice, any permit issued pursuant to Section 110430 if it is
found that any of the conditions of the permit have been violated.
The holder of a permit so suspended may at any time apply for
reinstatement of the permit.  The department shall, after prompt
hearing and inspection of the establishment, reinstate the permit
immediately, if it is found that adequate measures have been taken to
comply with and maintain the conditions of the permit.
   110440.  Any authorized agent of the department shall have access
to any factory or establishment that operates under permit from the
department for the purpose of ascertaining whether or not the
conditions of the permit are being complied with.  Denial of access
for such inspection shall be grounds for suspension of the permit
until the access is freely given by the holder of the permit or his
or her agent.
   110445.  Any added poisonous or deleterious substance, or any food
additive, pesticide chemical, preservative, or color additive, shall
be considered unsafe for use with respect to any food unless there
is in effect a regulation adopted pursuant to Section 110080, 110085,
or 110090, that limits the quantity and the use, or intended use, of
the substance to the terms prescribed by the regulation.
   110450.  On or before September 1, 1985, the department shall,
within the limits of available resources, prepare and submit to the
Legislature a program for detecting and monitoring chemical and
pesticide residues in processed foods.  In preparing the program, the
department shall do all of the following:
   (a) Establish a list of chemical and pesticides developed from a
knowledge of chemicals used in the food industry in processed foods
and from the 96 pesticides on the Department of Food and Agriculture
residue scan, for which analysis will be done by the department.  The
list shall include an explanation of why the listed chemicals and
pesticides were selected.  The Department of Food and Agriculture
shall cooperate with the department in establishing the list required
by this subdivision.  In selecting the chemicals and pesticides to
be placed on the list, the department shall make use of the following
criteria:
   (1) Chemicals that have been identified as having possible
carcinogenic, reproductive, or mutagenic effects.
   (2) Patterns of use in California.
   (3) Quantities of use in California.
   (4) Chemicals appearing as residues in processed food because of
environmental persistence or resistance to degradation under
conditions existing in the processing, manufacturing, milling, or
shipping of processed foods sold in California.
   (5) Chemicals that have the potential of chronic toxicity due to
low continuous exposure.
   The department may revise the list and is authorized to add or
remove chemicals or pesticides based on relevant information that
becomes available to it after the list has been established and based
on its experience in detecting the presence of chemical substances
in processed foods under the sampling and testing program developed
pursuant to subdivision (b).
   (b) The department shall design a sampling and testing program
that does all of the following:
   (1) Samples and tests processed food products that form a
significant portion of the diet of the general population, and that
may contain residues of the chemical substances on the list
established pursuant to subdivision (a).
   (2) Provides for specific testing of individual chemicals on the
list established pursuant to subdivision (a) when a chemical cannot
be detected using multiresidue testing procedures and when the
department determines that the chemical may be the cause of chronic
health effects.
   (3) Lists the foods to be sampled, the stages of processing in
which the foods will be sampled, the sampling frequency, and the
techniques used in sampling.
   (4) A description of plans for sampling processed imported foods
from other states and countries.
   (c) As used in this section, "processed food" means any food
chemically or physically altered from a raw agricultural commodity by
chemical, mechanical, thermal, or other processes.
   110455.  (a) On or before July 1, 1990, the department shall
commence and maintain a program for monitoring processed foods for
pesticide residues, chemicals, microbes, and other contaminants.  In
designing the program, the department shall take into consideration
any information developed pursuant to Section 110450.
   (b) The department shall consult with the Department of Food and
Agriculture in designing the pesticide residue component of the
monitoring program, to facilitate focusing the testing in areas of
greatest concern.  Among the pesticides to be reviewed for possible
monitoring shall be those contained in the lists of pesticides
identified in Section 12535 of the Food and Agricultural Code.
   (c) In the development and ongoing operation of the department's
monitoring program, the department shall consider, in establishing
priorities:
   (1) Potential concentration effects that may occur during
processing.
   (2) Targeting foreign and domestic imported processed foods
according to their estimated California market share.
   (3) The extent to which processed foods are a part of the infant
and child diet.

      Article 2.  Registration

   110460.  Every person upon first engaging in the manufacture,
packing, or holding of processed food in this state shall immediately
register with the department.  The registration is valid for one
calendar year from the date of validation by the department of the
completed registration form.  The department shall provide to each
registrant a validated copy of the completed registration form, sent
to the mailing address shown on the form, as evidence of valid
registration.
   110465.  A separate registration is required for each place of
manufacture, packing, or holding.
   110470.  A registration form provided by the department shall be
completed annually and accompanied by a nonreturnable registration
fee.  The registration or renewal of registration shall set forth all
applicable information called for by the registration form.
   The fee for registration or renewal of registration shall be as
follows:

   Holding Food Only:


     Size of Establishment                   Fee
        0 - 10,000 square feet              $250
       Over 10,000 square feet               375


   Manufacturing or Packing Food:
   *****


     Number of Employees     Size of Establishment       Fee
        0 - 5                 0 - 5,000 square feet     $250
        6 - 20                0 - 5,000 square feet      375
        More than 20          0 - 5,000 square feet      500
        0 - 5                Over 5,000 square feet      375
        6 - 20               Over 5,000 square feet      500
        More than 20         Over 5,000 square feet      625
A penalty of 1 percent per month shall be added to any registration
fee not paid when due.
   The fee amount shall be adjusted annually pursuant to Section
100425.
   110475.  Any person registered pursuant to this article shall
immediately notify the department of any change in the information
reported on the registration form.
   110480.  The registration provisions of this chapter shall not
apply to any of the following:
   (a) Any person who has a valid bottled water or water vending
machine license issued pursuant to Article 12 (commencing with
Section 111070).
   (b) Any person who has a valid pet food license issued pursuant to
Chapter 10 (commencing with Section 113025) of Part 6.
   (c) Any retail food facility as defined in Chapter 4 (commencing
with Section 113700) of Part 7.
   (d) Any person who has a valid cold storage license issued
pursuant to Chapter 6 (commencing with Section 112350) of Part 6.
   (e) Any person who has a valid cannery license issued pursuant to
Chapter 8 (commencing with Section 112650) of Part 6.
   (f) Any person who has a valid shellfish certificate issued
pursuant to Chapter 5 (commencing with Section 112150) of Part 6.
   (g) Any person who has a valid frozen food locker plant license
issued pursuant to Chapter 7 (commencing with Section 112500) of Part
6.
   (h) Any person who has a valid winegrower's license or wine
blender's license pursuant to Division 9 (commencing with Section
23000) of the Business and Professions Code.
   (i) Any person who has a valid milk products plant, margarine,
imitation ice cream, imitation ice milk, or a products resembling
milk products plant license, issued pursuant to Division 15
(commencing with Section 32501) of the Food and Agricultural Code.
   110485.  In addition to the fee paid pursuant to Section 110470,
each registrant shall pay a surcharge of one hundred dollars ($100)
to the Department of Pesticide Regulation, in a form and manner that
the Director of Pesticide Regulation prescribes.  This section shall
not apply to those registrants the Director of Pesticide Regulation
determines should not be assessed due to a determination of limited
applicability pursuant to Sections 12535, 12536, 12797, 12798, 13134,
and 13135 of the Food and Agricultural Code or Section 110455 of
this code to those registrants, or because substantial economic
hardship would result to individual registrants.
                      Revenue received pursuant to this section shall
be deposited in the Food Safety Account in the Department of
Pesticide Regulation Fund.  A penalty of 10 percent per month shall
be added to any surcharge not paid when due.
   110490.  (a) A laboratory that performs analyses of foods for
pesticide chemical residues for other persons shall be accredited
pursuant to Article 3 (commencing with Section 100825) of Chapter 4
of Part 1 of Division 101.  This subdivision shall not apply to any
of the following:
   (1) A laboratory operated by a government agency.
   (2) A laboratory not operated for commercial purposes that
performs pesticide chemical residue analysis on foods for research or
quality control for the internal use of the person initiating the
analysis.  For purposes of this section, "commercial purposes" means
that the laboratory performs pesticide chemical residue analysis on
the foods primarily for the purpose of making a profit.
   (b) A laboratory accredited pursuant to Section 12591 of the Food
and Agricultural Code shall not be required to be accredited under
this section until January 1, 1992.
   (c) A laboratory that performs analyses of foods for pesticide
chemical residues, but that is not required by subdivision (a) to be
accredited may apply for accreditation pursuant to Article 3
(commencing with Section 100825) of Chapter 4 of Part 1 of Division
101.
   (d) This section shall become operative on January 1, 1991, or 60
days after the initial set of regulations adopted pursuant to
Sections 100830 and 100835 becomes effective, whichever is later.
   110495.  (a) Every laboratory or other person which performs or
which brokers or otherwise arranges for the performance of pesticide
chemical analysis on food shall report to the appropriate state
agency any finding of pesticide chemical residues in a food for which
no chemical residue tolerance has been established or that is in
excess of federal or state residue tolerances or tolerances for a
pesticide suspended, banned, or otherwise not permitted by the
Department of Pesticide Regulation or the Environmental Protection
Agency, if the food is in the channels of trade.  The report shall be
made as soon as possible, and in any event, not later than 24 hours
after the analyzing laboratory makes the finding.  Findings on raw
agricultural commodities and dairy products shall be reported to the
Department of Food and Agriculture.  Findings on raw agricultural
commodities shall also be reported to the Department of Pesticide
Regulation. Findings on all other foods shall be made to the State
Department of Health Services.
   (b) For the purpose of reporting findings regarding raw
agricultural commodities, "in the channels of trade" means the point
at which the raw agricultural commodities leave the farm, including
raw agricultural commodities bound for processing up to the point
that processing is initiated.  For the purpose of reporting findings
in processed foods, "in the channels of trade" means at the point the
processed food leaves the direct control of the processor, which
means either that the product is not located on the premises owned
by, or under the control of, the processor or a portion of the
product has been released for sale or use.

      Article 3.  Standard of Identity, Quality, and Fill

   110505.  Definitions and standards of identity, quality, and fill
of container, and any amendments to the definitions and standards,
adopted pursuant to the federal act in effect on the effective date
of this part, or adopted on or after that date, are the definitions
and standards of identity, quality, and fill of container in this
state.  The department may, by regulation, establish definitions and
standards of identity, quality, and fill of container for any food
whether or not the definitions and standards are in accordance with
the federal regulations, when in its judgment such action will
promote honesty and fair dealing in the interest of consumers.  This
section shall not apply to wine.
   110510.  In prescribing a definition and standard of identity for
any food or class of food in which optional ingredients are
permitted, the department shall designate the optional ingredients
that shall be named on the label.  This section shall not apply to
wine.
   110515.  A temporary permit which is granted by the Food and Drug
Administration of the Department of Health, Education and Welfare of
the United States for interstate shipment of experimental packs of
food that vary from the requirements of federal definitions and
standards of identity is automatically effective in this state under
the provisions provided in the permit.  The department shall issue a
permit when no federal permit exists and when the experimental packs
are to be manufactured and tested only within this state.  The permit
is subject to any term or condition that the department may
prescribe.
   110520.  Definitions and standards of identity and quality for
distilled spirits and their amendments adopted by the Internal
Revenue Service of the Treasury Department of the United States in
effect on the effective date of this part, or adopted on or after
that date, are the definitions and standards of identity and quality
for distilled spirits in this state.  The department may, by
regulation, establish definitions and standards of identity and
quality for any distilled spirit whether or not the definitions and
standards are in accordance with regulations adopted by the Internal
Revenue Service of the Treasury Department of the United States, when
in its judgment the action will promote honesty and fair dealing in
the interest of the consumers.
   110525.  The department may, by regulation, establish definitions
and standards of identity and quality for wine.  Such definitions and
standards may incorporate in whole or in part, the regulations
adopted by the Secretary of the Treasury pursuant to the Federal
Alcohol Administration Act, pertaining to the standards of identity
and quality for wine.  Standards of identity and quality for wine
adopted pursuant to this section may differ from or be inconsistent
with the standards promulgated by the Secretary of the Treasury
pursuant to the Federal Alcohol Administration Act.  No standard of
size, type, or fill of container for any wine subject to the
provisions of the Alcoholic Beverage Control Act, Division 9
(commencing with Section 23000) of the Business and Professions Code,
shall be adopted, but containers of wine sold in this state shall
conform to the then current standards for the containers, including
standards of fill, established by the Secretary of the Treasury
pursuant to the Federal Alcohol Administration Act.

      Article 4.  Enrichment of Food and Food Products

   110530.  When a definition and standard of identity for an
enriched food has been established pursuant to Section 110505, only
the enriched form of the food shall be sold at retail in California.

   110535.  The nonenriched form of a food identified and
standardized pursuant to Section 110505 may be used as an ingredient
of another food only if it comprises less than 25 percent of the
total ingredients, or it comprises 25 percent or more of the total
ingredients and vitamins and minerals have been added to make it
nutritionally equivalent to the enriched form of the ingredient.
   110540.  The department shall conduct a study of feasible methods
for the packaging and sale of food products that will afford the
greatest protection to the public from the adulteration of those
products.  The study shall be conducted in conjunction with the
Department of Food and Agriculture, as well as representatives of
consumer groups and food producers and retailers.
   In carrying out this study, the department shall cooperate with
the federal Food and Drug Administration to avoid unnecessary
duplication.  The department shall also evaluate the applicability of
federal recommendations on food product safety to the needs of
California.  The department shall complete the study and report its
findings to the Legislature on or before March 1, 1984.

      Article 5.  Adulterated Food

   110545.  Any food is adulterated if it bears or contains any
poisonous or deleterious substance that may render it injurious to
health of man or any other animal that may consume it.  The food is
not considered adulterated if the substance is a naturally occurring
substance and if the quantity of the substance in the food does not
render it injurious to health.
   110550.  Any food is adulterated if it bears or contains any added
poisonous or deleterious substance that is unsafe within the meaning
of Section 110445.
   110555.  Any food is adulterated if it is, bears, or contains any
food additive that is unsafe within the meaning of Section 110445.
If, however, a pesticide chemical has been used in or on a raw
agricultural commodity in conformity with an exemption granted or a
tolerance prescribed under this part or the Food and Agricultural
Code and the raw agricultural commodity has been subject to
processing, such as canning, cooking, freezing, dehydrating, or
milling, the residue of a pesticide chemical remaining in or on the
processed food shall not be deemed unsafe if the residue in or on the
raw agricultural commodity has been removed to the extent possible
in good manufacturing practice, and the concentration of the residue
in the processed food when ready to eat is not greater than the
tolerance prescribed for the raw agricultural commodity.
   110560.  Any food is adulterated if it consists in whole or in
part of any diseased, contaminated, filthy, putrid, or decomposed
substance, or if it is otherwise unfit for food.
   110565.  Any food is adulterated if it has been produced,
prepared, packed, or held under insanitary conditions whereby it may
have become contaminated with filth, or whereby it may have been
rendered unwholesome, diseased, or injurious to health.
   110570.  Any food is adulterated if it is, in whole or in part,
the product of any diseased animal, any animal that has died
otherwise than by slaughter, or any animal that has been fed on the
uncooked offal from a slaughterhouse.
   110575.  Any food is adulterated if its container is composed, in
whole or in part, of any poisonous or deleterious substance that may
render the contents injurious to health.
   110580.  Any food is adulterated if it has been intentionally
subjected to ionizing radiation unless the use of the radiation was
in conformity with a regulation or exemption in effect pursuant to
Section 110070.
   110585.  Any food is adulterated if any one of the following
conditions exist:
   (a) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom.
   (b) If any substance has been substituted wholly or in part
therefor.
   (c) If damage or inferiority has been concealed in any manner.
   (d) If any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight or reduce its quality
or strength or make it appear better or of greater value than it is.

   110590.  Any food is adulterated if it is confectionery and any
one of the following conditions exist:
   (a) It has partially or completely embedded therein any
nonnutritive object, provided that this subdivision shall not apply
in the case of any nonnutritive object if, in the judgment of the
department as provided by regulation, the object is of practical
functional value to the confectionery product and would not render
the product injurious or hazardous to health.
   (b) It bears or contains any alcohol in excess of 5 percent by
weight.
   (c) It bears or contains any nonnutritive substance, provided that
this subdivision shall not apply to a safe nonnutritive substance
that is in or on confectionery by reason of its use for some
practical functional purpose in the manufacture, packaging, or
storage of the confectionery if the use of the substance does not
promote deception of the consumer or otherwise result in adulteration
or misbranding in violation of any provision of this act; and
provided further that the department may, for the purpose of avoiding
or resolving uncertainty as to the application of this clause, issue
regulations allowing or prohibiting the use of particular
nonnutritive substances.
   110595.  Any food is adulterated if it bears or contains any color
additive that is unsafe within the meaning of Section 110445.
   110600.  Any food is adulterated if it is fresh meat and it
contains any preservative or other chemical substance not approved
for use in fresh meat by the department, the United States Department
of Agriculture, or the Department of Food and Agriculture of this
state.
   110605.  Any food is adulterated if it is chopped or ground beef
or hamburger unless it is composed of voluntary striated muscle of
fresh beef that does not contain any substance that is not approved
by the department and unless it has a total fat content that is not
in excess of 30 percent by weight.
   110610.  Any food is adulterated if it is pork sausage or
breakfast sausage and it has a total fat content that is in excess of
50 percent by weight.
   110615.  The methods of analysis used in determining the fat
content of products described in Sections 110605 and 110610 shall be
those prescribed by the current issue of "Official and Tentative
Methods of Analysis of the Association of Official Analytical
Chemists," and the supplements thereto.
   110620.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is adulterated.
   110625.  It is unlawful for any person to adulterate any food.
   110630.  It is unlawful for any person to receive in commerce any
food that is adulterated or to deliver or proffer for delivery any
such food.
   110635.  While any regulation relating to a substance referred to
in Section 110080, 110085, or 110090 is in effect, any food bearing
or containing a substance in accordance with the regulation shall not
be considered to be adulterated.
   110640.  The director, with the assistance of the Department of
Food and Agriculture, and in cooperation with the federal Food and
Drug Administration and Environmental Protection Agency, shall
identify those pesticides most likely to leave residue in processed
foods.
   110645.  Whenever the director has been notified by the Director
of Food and Agriculture pursuant to Section 12582 of the Food and
Agricultural Code, the director shall immediately notify the
processor, if known, by telephone, with immediate written
confirmation, and take appropriate action pursuant to Section 110045.

   110650.  This article does not prohibit the addition of fluorine
or fluorine compounds to water intended for sale to the public as
bottled water for domestic use in the manner and to the extent as may
be approved by the department.  The label of the bottled water
shall, however, satisfy all of the labeling requirements prescribed
by this part.
   110655.  Any food intended for export shall not be deemed to be
adulterated within the provisions of this part if it satisfies all of
the following requirements:
   (a) It accords to the specifications of the foreign purchaser.
   (b) It is not in conflict with the laws of the importing country.

   (c) It is labeled on the outside of the shipping package to show
that it is intended for export.
   If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.

      Article 6.  Misbranded Food

   110660.  Any food is misbranded if its labeling is false or
misleading in any particular.
   110665.  Any food is misbranded if its labeling does not conform
with the requirements for nutrition labeling as set forth in Section
403(q) (21 U.S.C.  Sec. 343(q)) of the federal act and the
regulations adopted pursuant thereto.  Any food exempted from those
requirements under the federal act shall also be exempt under this
section.
   110670.  Any food is misbranded if its labeling does not conform
with the requirements for nutrient content or health claims as set
forth in Section 403(r) (21 U.S.C. Sec. 343(r)) of the federal act
and the regulations adopted pursuant thereto.  Any food exempted from
those requirements under the federal act shall also be exempt under
this section.
   110675.  Any food is misbranded if it is in package form, unless
it bears a label containing all of the following information:
   (a) The name and place of business of the manufacturer, packer, or
distributor.
   (b) An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count.
   Reasonable variations from the requirements of subdivision (b)
shall be permitted.  Requirements for placement and prominence of the
information required by subdivision (b), and exemptions as to small
packages, shall be established in accordance with regulations adopted
pursuant to Sections 110100 and 110380.
   110680.  Any food is misbranded if its labeling or packaging does
not conform to the requirements of Chapter 4 (commencing with Section
110290).
   110685.  Any food is misbranded if it is offered for sale under
the name of another food, or if it is an imitation of another food
for which a definition and standard of identity has been established
by regulation and its label does not bear, in type of uniform size
and prominence the word "imitation," and immediately following, the
name of the food imitated.
   110690.  Any food is misbranded if its container is so made,
formed, or filled as to be misleading.
   110695.  Any food is misbranded if it is a confectionery and
contains alcohol in excess of 1/2 of 1 percent by weight and that
fact does not appear on the label for the food.
   110700.  Any food is misbranded if it is a potentially hazardous
processed food that is preserved by refrigeration at temperatures of
45 degrees Fahrenheit or lower and it is not conspicuously labeled
"Perishable Keep Refrigerated."
   110705.  Any food is misbranded if any word, statement, or other
information required pursuant to this part to appear on the label or
labeling is not prominently placed upon the label or labeling with
conspicuousness, as compared with other words, statements, designs,
or devices in the labeling and in terms as to render it likely to be
read and understood by the ordinary individual under customary
conditions of purchase and use.
   110710.  Any food is misbranded if it purports to be, or is
represented as, a food for which a definition and standard of
identity has been established under Section 110505 and the label
fails to bear the name of the food specified in the standard or
otherwise fails to conform to the definition and standard.
   110715.  Any food is misbranded if it purports to be, or is
represented as, a food for which a standard of quality or fill has
been prescribed by regulation under Section 110505 and its quality or
fill is below the standard unless its label bears, in a manner and
form as specified by regulation, a statement that it is below the
standard.
   110720.  Any food for which no standard of identity exists is
misbranded unless it bears a label clearly stating the common or
usual name of the food.
   110725.  (a) Any food fabricated from two or more ingredients is
misbranded unless it bears a label clearly stating the common or
usual name of each ingredient, and if the food purports to be a
beverage containing vegetable or fruit juice, a statement with
appropriate prominence on the information panel of the total
percentage of fruit or vegetable juice contained in the food.  Any
spice, flavoring, or color not required to be certified under Section
110090, except any spice, flavoring, or color sold as such, may be
designated as spice, flavoring, or color without naming each.
   (b) Exemptions may be established by the department, when
compliance with any requirement of this section is impractical or
results in deception or unfair competition.
   (c) In adopting any regulations relating to this section, the
department shall take into consideration the current regulations
established by the Secretary of Health and Human Services under
authority contained in the federal act.
   (d) Notwithstanding Section 110040 or any other provision of law,
as used in this section, the term "food" includes, but is not limited
to, meat.  The term "food" does not, however, include any alcoholic
beverage.
   (e) This section shall not apply to any food sold for consumption
on or off the premises of any restaurant in the course of its
business as a restaurant, or to any milk or dairy product.
   110730.  The requirements of Sections 110720 and 110725 do not
apply to any food that is packaged at the direction of retail
purchasers at the time of sale if the ingredients are disclosed to
the purchasers by other means in accordance with the regulations
adopted by the department.
   110735.  Any food is misbranded if it purports to be, or is
represented, for special dietary uses as prescribed by regulation
under Section 110095 and its label does not bear information
concerning any vitamin or mineral content, or other dietary property
as the department prescribes, by regulation, as necessary to fully
inform purchasers as to the food's value for that use.
   110740.  Any food is misbranded if it bears or contains any
artificial flavoring, artificial coloring, or chemical preservative,
unless its labeling states that fact.  Exemptions may be established
by the department.
   110745.  Any food is misbranded if it is intended as a component
of another food and when used in accordance with the directions of
the purveyor, it will result in the final food being adulterated or
misbranded.
   110750.  Any food is misbranded if it is a color additive and it
is not in conformity with the requirements for color additives
prescribed under the provisions of Section 110090.
   110755.  Any food is misbranded if its packaging or labeling is in
violation of an applicable regulation issued pursuant to Section
108685 or 108700.
   110760.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any food that is misbranded.
   110765.  It is unlawful for any person to misbrand any food.
   110770.  It is unlawful for any person to receive in commerce any
food that is misbranded or to deliver or proffer for delivery any
such food.
   110775.  It is unlawful for any person to alter, mutilate,
destroy, obliterate, or remove the label, or any part of the
labeling, of any food if the act results in the food being
misbranded.
   110780.  It is unlawful for any person to manufacture, pack, or
hold processed food in this state unless in an establishment duly
registered, as provided in this part.
   110785.  It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed in the application for registration or
renewal of registration, as provided in Article 2 (commencing with
Section 110460).
   110790.  Any food intended for export shall not be deemed to be
misbranded under this part if it satisfies all of the following
requirements:
   (a) It accords to the specifications of the foreign purchaser.
   (b) It is not in conflict with the laws of the importing country.

   (c) It is labeled on the outside of the shipping package to show
that it is intended for export.
   If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
   110795.  (a) The department may adopt regulations that name and
describe the characteristics of salmon and any other fish or other
seafood it considers appropriate.  The department shall consult with
the Department of Fish and Game, the Joint Committee on Fisheries and
Aquaculture, consumers, commercial fishermen, aquaculturists, and
seafood processors, wholesalers, restaurateurs, and other retailers
before adopting these regulations.  The department shall not adopt
any regulation that conflicts with the common name of any fish
designated by the Department of Fish and Game pursuant to Section
8023 of the Fish and Game Code.
   (b) In addition to the consultations required by subdivision (a),
the department shall consult and seek the recommendations of the
groups named in that subdivision concerning the possible need for, or
desirability of, any further legislation or regulations affecting
seafood labeling.  The department shall report to the Legislature the
results of the consultations required by this subdivision, and make
recommendations to the Legislature concerning any legislation it
considers appropriate, on or before January 1, 1986.
   (c) No regulation adopted pursuant to this section shall deviate
from a pertinent United States standard where the fish or seafood
product specified is packed or processed as a standardized product
under a United States standard.
   (d) Nothing in this section or in regulations adopted pursuant to
this section shall be construed to require the use of more than the
common family name of any fish or seafood by any restaurant in menus
or advertisements.
   110800.  (a) Any label of any retail cut of beef, veal, lamb, or
pork held for sale in a retail food production and marketing
establishment or a frozen food locker plant shall clearly identify
the species (beef, veal, lamb, or pork) and the primal cut from which
it is derived, and the retail name.
   This section shall not apply to ground beef or hamburger, boneless
stewing meat, cubed steaks, sausage, or soupbones.
   (b) "Primal cuts" include only the following in the various
species:


    Beef                Veal                 Lamb              Pork
      Chuck               Shoulder             Shoulder
Shoulder
      Rib                 Rib                  Rib               --
      Loin                Loin                 Loin              Loin

      Shank               Shank                Shank             --
      Brisket             Breast               Breast            --
      Plate               Breast               Breast            --
      Flank               Flank                --                --
      Round               Round or leg         Leg               Leg
or ham

   Cuts derived from other than the above primal cuts need only show
species and the retail name.
   (c) It is unlawful and constitutes misbranding for any person to
sell or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any retail cut of beef that
                                                    is labeled in
violation of this section.
   110805.  No chopped or ground beef or hamburger that is offered
for sale in any retail food production and marketing establishment or
frozen food locker plant shall be advertised, labeled, or otherwise
held out in any manner to describe or suggest its quality or relative
leanness or fat content unless the label, advertisement, or other
representation accurately discloses the maximum fat content thereof
by one of the following designations:
   (a) Does not exceed 30 percent fat.
   (b) Does not exceed 22 percent fat.
   (c) Does not exceed 15 percent fat.
   No designation such as, but not limited to, "lean," "super lean,"
"premium," "deluxe" or similar terms descriptive of quality,
leanness, or fat content shall be included on the label unless the
label also contains the fat-weight designation specified in
subdivision (a), (b), or (c).  However, as an alternative to
including the fat-weight designation on the label, the fat-weight
designation required by this section may be disclosed by means of a
sign placed immediately adjacent to the counter on which the chopped
or ground beef or hamburger is displayed.  Such a sign shall be
within plain view of prospective purchasers and shall display the
appropriate designation specified in subdivision (a), (b), or (c) in
boldface print.
   Chopped or ground beef or hamburger that is processed from primal
cuts of round or sirloin shall not be required to disclose the
maximum fat content if there is no reference to leanness or other
quality designation relating to fat content other than the primal cut
from which the product is derived;  provided, in the case of ground
beef or hamburger processed from the primal cut of chuck when the
primal cut designated is being used, the fat content of the chopped
ground beef or hamburger shall not exceed 26 percent.
   All labeling and advertising for chopped or ground beef or
hamburger processed from the primal cut chuck shall disclose the
maximum fat weight designated as, "Does not exceed 26 percent fat."
   It is unlawful and constitutes misbranding for any person to sell
or offer for sale in a retail food production and marketing
establishment or frozen food locker plant any chopped or ground beef
or hamburger that is labeled in violation of this section.

      Article 7.  The California Organic Foods Act of 1990

   110810.  This article shall be known, and may be cited as, the
California Organic Foods Act of 1990.
   110815.  The following words and phrases, when used in this
article, shall have the following meanings:
   (a) "Administered" means ingested, injected, or otherwise
topically or internally introduced to livestock, fowl, or fish.
   (b) "Applied" means introduced, incorporated within, added to, or
placed upon any seed, crop, plant, livestock, fowl, fish, soil, or
growing medium, and shall also mean used in, on, or around any
facility or area in which food is kept.
   (c) "Area" means the physical space surrounding food where there
is more than a negligible chance of a prohibited material being
absorbed by, incorporated into, or adhered to the food, soil, or
growing medium.  The area may differ significantly depending on the
circumstances.  Except in the case of the production of food, area
shall not include any physical space surrounding food if an
intervening event, such as the use of a cleaning method for
processing equipment, or the passage of time, has made the chance of
a prohibited material being absorbed by, incorporated into, or
adhered to the food, negligible.
   (d) "Botanicals" means substances derived solely from plants or
plant parts.
   (e) "Endemic disease" means a disease in animal or fish that is
either universal or common to a species within the geographic region.

   (f) "Enforcement authority" means the governmental unit with
primary enforcement jurisdiction, as provided in Section 110925.
   (g) "Field" means a contiguous area of land for agricultural
production that is managed with a consistent set of production
methods.
   (h) "Feed" means any substance used or intended for consumption by
livestock, fowl, or fish to provide nourishment, including range and
pasturage vegetation.
   (i) "Growing medium" means a substance that provides nutrients for
plants or fungi but which is separate from the land surface of the
world.
   (j) "Handled" means shipped, packed, repacked, sold for resale,
warehoused, wholesaled, imported into the state, or stored by other
than a grower, producer, processor, or retailer of that food.
   (k) "Management unit" means the physical facilities and equipment
associated with crop production that is not confined to a field, such
as animal production, greenhouse production, or seed sprouting.
Management units shall be described by the location and function of
the physical facilities and equipment, and other aspects as
determined by the enforcement authority.  In the case of animal
production, the management units shall also be described by the
quantity and source of each group of animals that is managed together
as a unit.
   (l) "Processed" means cooking, baking, heating, drying, mixing,
grinding, crushing, pressing, churning, separating, extracting juices
or other materials, peeling, fermenting, eviscerating, preserving,
dehydrating, freezing, or manufacturing that materially alters the
flavor, keeping quality, or any other property, or the making of any
substantial change of form.  "Processed" does not include
refrigeration at temperatures that are above the freezing point nor
any other treatment that merely retards or accelerates the natural
processes of ripening or decomposition.
   (m) "Produced" means grown, raised, harvested, handled, or stored
under the control of the grower or producer.
   (n) "Producer," "handler," and "processor" means any person who
has, respectively, produced, handled, or processed any food.
   (o) "Production," "handling," and "processing" means the process
by which any food is, respectively, produced, handled, and processed.

   (p) "Prohibited materials" means any of the following:
   (1) When used in connection with the production, handling, or
processing of meat, fowl, or fish:
   (A) Any drug, medication, hormone or growth regulator, whether or
not synthetic, or any other synthetic substance, including, but not
limited to, any substance administered to stimulate or regulate
growth or tenderness, and any subtherapeutic dose of antibiotic.  The
use of a drug or medication for medical treatment of a specific and
manifest malady diagnosed and prescribed by a licensed veterinarian,
or under the general supervision of a licensed veterinarian, shall be
permitted, but not within 90 days prior to slaughter or twice the
withdrawal time specified by the federal Food and Drug
Administration, whichever is longer.  In addition, vaccines may be
administered for prevention of an endemic disease or as required by
law.  Vitamin and mineral supplements also may be administered.
   (B) Any feed administered to livestock, fowl, or fish that does
not comply with the requirements of regulations adopted pursuant to
Section 14904 of the Food and Agricultural Code.
   (C) Any artificial rumen stimulants, such as plastic pellets.
   (D) Any manure intentionally fed or refed.
   (E) Any synthetically compounded substance applied postslaughter
to the meat, fowl, or fish itself, or to its packaging, including
preservatives.
   (F) Any substance applied to any area where livestock, fowl, or
fish or meat, fowl, or fish products are handled or kept at any time
that does not consist entirely of microorganisms, microbiological
products, or substances consisting of, or derived or extracted solely
from, plant, animal, or mineral-bearing rock substances.  Prohibited
materials shall not include the application of botanicals,
lime-sulfur, gypsum, soaps, and detergents.  Prohibited materials
shall include the application of petroleum solvents, diesel, and
other petroleum fractions.
   (2) When used in connection with the production, distribution, or
processing of dairy products or eggs:
   (A) Any drug, medication, hormone, or growth regulator, whether or
not synthetic, and any other synthetic substance, including, but not
limited to, any substance administered to stimulate or regulate
growth, milk or egg production, and any subtherapeutic dose of
antibiotic.  The use of a drug or medication for medical treatment of
a specific and manifest malady diagnosed and prescribed by a
licensed veterinarian, or under the general supervision of a licensed
veterinarian, shall be permitted, but not less than 30 days prior to
taking of the milk or laying of eggs, or twice the withdrawal time
specified by the federal Food and Drug Administration, whichever is
longer.  In addition, vaccines may be administered for prevention of
an endemic disease or as required by law.  Vitamin and mineral
supplements may also be administered.
   (B) Any feed administered to livestock within one year of the
taking of the milk, or to fowl within six months of the laying of
eggs, that does not comply with the requirements of regulations
adopted pursuant to Section 14904 of the Food and Agricultural Code.

   (C) Any artificial rumen stimulants, such as plastic pellets.
   (D) Any manure intentionally fed or refed.
   (E) Any substance applied to any area where livestock, fowl, or
fish, or meat, dairy, fowl, or fish products are handled or kept at
any time that does not consist entirely of micro-organisms,
microbiological products, or substances consisting of, or derived or
extracted solely from, plant, animal, or mineral-bearing rock
substances.  Prohibited materials shall not include the application
of botanicals, lime-sulfur, gypsum, soaps, and detergents.
Prohibited materials shall include the application of petroleum
solvents, diesel, and other petroleum fractions.
   (3) When used in connection with the production, handling, or
processing of raw agricultural commodities and any other food not
specified in paragraphs (1) and (2), any synthetically compounded
fertilizer, pesticide, growth regulator, or any other substance that
does not consist entirely of micro-organisms, microbiological
products, or substances consisting of, or derived or extracted solely
from plant, animal, or mineral-bearing rock substances.  Before
harvest, prohibited materials shall not include the application of
bordeaux mixes and trace elements for known deficiencies as
determined by plant or animal tissue or by soil testing, soluble
aquatic plant products, botanicals, lime-sulfur, gypsum, dormant
oils, summer oils, fish emulsion, soaps, and detergents, except for
petroleum solvents, diesel, and other petroleum fractions, used as
weed or carrot oils.  Prohibited materials shall not include the
application of soaps and detergents.
   (4) Water, including substances dissolved in water, shall not be a
prohibited material, even if it contains incidental contamination
from a prohibited material, if the prohibited material was not added
by, or under the direction or control of, the producer, handler,
processor or retailer.
   (q) "Retailer" means a person engaged in the sale to consumers of
food sold as organic and not engaged in the production, handling or
processing of food sold as organic.
   (r) "Sold as organic" means any use of the terms "organic,"
"organically grown," "naturally grown," "ecologically grown," or
"biologically grown," or grammatical variations of those terms,
whether orally or in writing, in connection with any food grown,
handled, processed, sold, or offered for sale in this state,
including, but not limited to, any use of these terms in labeling or
advertising of any food and any ingredient in a multi-ingredient
food, except as provided in Section 110880.
   (s) "Substance" includes all components of a substance, including
active and inert ingredients.
   (t) "Synthetically compounded" means formulated or manufactured by
a process that chemically changes a substance extracted from
naturally occurring plant, animal, or mineral sources, excepting
microbiological processes.
   110820.  Except as otherwise provided in this article, no food
shall be sold as organic unless it consists entirely of any of the
following:
   (a) Raw agricultural commodities that meet the following
requirements:
   (1) The commodity has been produced and handled without any
prohibited material or color additive having been applied, and
without irradiation.
   (2) In the case of any raw agricultural commodity produced from
seed, the seed has not been treated with any prohibited material.  If
untreated seed is not available, seed treated with a fungicide may
be used, except for seed used for sprouts, as described in paragraph
(6).
   (3) Prior to January 1, 1995, in the case of perennial crops, no
prohibited material shall have been applied to the crop, field,
management unit, or area where the commodity is grown for 12 months
prior to the appearance of flower buds.  During the 1995 calendar
year, in the case of perennial crops, no prohibited material shall
have been applied to the crop, field, management unit, or area where
the commodity is grown for 24 months prior to harvest.  Commencing
January 1, 1996, in the case of perennial crops, no prohibited
material shall have been applied to the crop, field, management unit,
or area where the commodity is grown for 36 months prior to harvest.

   (4) Prior to January 1, 1995, in the case of annual or two-year
crops, no prohibited material shall have been applied to the field,
management unit, or area where the commodity is grown for 12 months
prior to seed planting or transplanting.  During the 1995 calendar
year, in the case of annual or two-year crops, no prohibited material
shall have been applied to the crop, field, management unit, or area
where the commodity is grown for 24 months prior to harvest.
Commencing January 1, 1996, in the case of annual or two-year crops,
no prohibited material shall have been applied to the crop, field,
management unit, or area where the commodity is grown for 36 months
prior to harvest.
   (5) In the case of any raw agricultural commodity that is grown in
any growing medium, such as fungi grown in compost or transplants
grown in potting mix:
   (A) The growing medium must have been manufactured or produced:
   (i) Without any prohibited material having been included in the
medium.
   (ii) Without any prohibited material having been applied to the
area where the medium is manufactured or produced during seeding or
inoculation of the medium.
   (iii) Using methods that will minimize the migration or
accumulation of any pesticide chemical residue in food grown in the
medium.
   (B) No prohibited material shall have been applied to the area
where the commodity is grown during seeding or inoculation.  If a
prohibited material is applied in the area prior to seeding or
inoculation, a residue test shall be performed on the commodity grown
from that seeding or inoculation.
   (6) In the case of any raw agricultural commodity that is grown
directly from seed and harvested within 18 days of germination,
including, by way of example, sprouts, no prohibited material shall
have been applied to the seed, and no prohibited material shall have
been applied to the area where the commodity is grown after
introduction of the seed.  After January 1, 1992, the seed shall have
been produced, handled, and processed in accordance with this
article.
   (b) Processed food manufactured only from raw agricultural
commodities as described in subdivision (a), except as follows:
   (1) Water, air, and salt may be added to the processed food.
   (2) Ingredients other than raw agricultural commodities as
described in subdivision (a) may be added to the processed food if
these ingredients are included in the national list adopted by the
United States Secretary of Agriculture pursuant to Section 6517 of
the federal Organic Foods Production Act (7 U.S.C. Sec. 6501 et seq.)
and do not represent more than 5 percent of the weight of the total
finished product, excluding salt and water.
   (c) Processed food manufactured only from a combination of raw
agricultural commodities as described in subdivision (a) and
processed food as described in subdivision (b).
   (d) Meat, fowl, fish, dairy products, or eggs that are produced,
distributed, and processed without any prohibited material having
been applied or administered.
   110825.  No food that contains any prohibited material residue as
a result of spray drift or any other contamination beyond the control
of the producer, handler, processor, or retailer, may be sold as
organic unless the amount of residue does not exceed 5 percent of the
federal Environmental Protection Agency tolerance level.
   110830.  (a) No food grown, handled, processed, sold, advertised,
represented, or offered for sale in this state, shall be sold as
organic unless it also is prominently labeled, invoiced, and
represented as follows, or with substantially similar language:


                (1) For raw agricultural commodities:
                ORGANICALLY GROWN IN ACCORDANCE WITH THE
                CALIFORNIA ORGANIC FOODS ACT OF 1990.
                (2) For processed food:
                ORGANICALLY GROWN AND PROCESSED IN ACCORDANCE
                WITH THE CALIFORNIA ORGANIC FOODS ACT OF 1990.
                (3) For unprocessed meat, fowl, fish, dairy products,

                    or eggs:
                ORGANICALLY PRODUCED IN ACCORDANCE WITH THE
CALIFORNIA
                ORGANIC FOODS ACT OF 1990.

   (b) For unpackaged food sold as organic to consumers, physical
attachment to the food of the applicable language set forth in
subdivision (a) shall not be required if the language appears
prominently on or near the bin or container holding the food.
   (c) For food certified by a registered certification organization
in accordance with Sections 110850 to 110870, inclusive, or Section
46009 of the Food and Agricultural Code, the term "CERTIFIED" may be
used in labeling food sold as organic by the producer and by any
handler if the name of the registered certification organization
precedes or follows that term in the same size type, and if
subdivisions (a) and (b) have been met.
   (d) When unprocessed food that has been certified by two or more
registered certification organizations, is commingled by a handler or
retailer, but is not processed, the food shall thereafter be labeled
as set forth in paragraph (1) or (3) of subdivision (a), and
subdivisions (b) and (c), with the name of each certification
organization that has certified any of the food.
   (e) Except as provided in subdivision (f), when less than all of
the ingredients in a multi-ingredient food are produced, handled,
and, if applicable, processed in accordance with Section 110820, the
food shall not be sold as organic.  However, those ingredients
produced, handled, and processed in accordance with Section 110820
may be described using the terms contained in subdivision (r) of
Section 110815 on the principal display panel of the food if the
terms are clearly used only to modify those ingredients and only if
100 percent of those ingredients are produced in accordance with
Section 110820.  The use of the terms shall be limited to no greater
than three-quarters of the type size of the statement of identity.
   Additionally or alternatively, those ingredients produced,
handled, and processed in accordance with Section 110820 may be
described using the terms contained in subdivision (r) of Section
110815 on the ingredient list on the packaging, if all other
provisions of this article are met.
   (f) No food may be advertised or labeled as "organic when
available" or similar terminology that leaves in doubt whether the
food is being sold as organic.
   (g) The provisions of this article relating to the labeling of
meat and meat products and poultry and poultry products shall not be
interpreted to authorize any labeling of those products, that is
subject to the jurisdiction of federal labeling laws, in a manner
inconsistent with those federal labeling laws.
   (h) Notwithstanding subdivision (a), until January 1, 1992, any
person may utilize existing supplies of labels that conform to the
requirements of former Section 26569.13.
   110835.  The director may adopt regulations listing specific
substances that are in compliance or not in compliance with
subdivision (p) of Section 110815 for use in the processing of foods
under the enforcement jurisdiction of the department.
   110840.  (a) All persons who produce raw agricultural commodities
that are sold as organic shall keep accurate and specific records of
the following:
   (1) For each field or management unit, all substances applied to
the crop, soil, growing medium, growing area, irrigation or
postharvest wash or rinse water, or seed, including all substances
applied during the time periods specified in paragraphs (3) to (6),
inclusive, of subdivision (a) of Section 110820, the quantity of each
substance applied, and the date of each application.  All substances
shall be identified by brand name, if any, and by source.
   (2) The quantity harvested from each field or management unit, the
size of the field or management unit, the field number, and the date
of harvest.
   (3) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all handlers, processors,
or retailers to whom the food is sold or otherwise transferred, the
quantity of food sold or otherwise transferred, and the date of the
transaction.
   (b) All persons who produce meat, fowl, fish, dairy products, or
eggs sold as organic shall keep accurate and specific records of the
following:
   (1) Unless the livestock, fowl, or fish was raised or hatched by
the producer, the name and address and, if applicable, the
registration numbers issued pursuant to Section 110875 of this code
or Section 46002 of the Food and Agricultural Code of all suppliers
of livestock, fowl, or fish and the date of the transaction.
   (2) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all suppliers of feed, the
quantity of feed purchased, and the date of the transaction.
   (3) All substances administered and fed to the animal, including
all feed, medication and drugs, and all substances applied in any
area in which the animal, milk, or eggs are kept, including the
quantity administered or applied, and the date of each application.
All substances shall be identified by brand name, if any, and by
source.
   (4) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all handlers, processors,
or retailers to whom the food is sold or otherwise transferred, the
quantity of food sold or otherwise transferred, and the date of the
transaction.
   (c) All persons who handle food sold as organic shall keep
accurate and specific records of the following:
   (1) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all suppliers of the food,
the quantity of food purchased or otherwise transferred, and the
date of the transaction.
   (2) Invoices for each shipment from the supplier that state that
the food may be sold as organic.
   (3) If the food is labeled or represented to be certified,
invoices from the supplier or separate written documentation from a
certification organization that states that the food is certified
under this article.
   (4) All pesticide chemicals applied to the food while in the
control of the handler, including the quantity applied, and the date
of each application.  All pesticide chemicals shall be identified by
brand name, if any, and by source.
   (5) All substances routinely applied in or around any area or
container in which the food is kept.  All substances shall be
identified by brand name, if any, and by source.  This record may be
provided in the form of a single list of substances used.
   (6) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all persons to whom the
food is sold or otherwise transferred, the quantity of food sold or
otherwise transferred, and the date of the transaction.
   (d) All persons who process food sold as organic shall keep
accurate and specific records of the following:
   (1) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all suppliers of the food,
the quantity of food purchased or otherwise transferred, and the
date of the transaction.
   (2) Invoices for each shipment from the supplier that state that
the food may be sold as organic.
   (3) If the food is labeled or represented to be certified,
invoices from the supplier or separate written documentation from a
certification organization that states that the food is certified
under this article.
   (4) All substances applied to the food or used in its processing,
all substances applied to the food while in the control of the
processor, and all substances applied in or around any area or
container in which the food is kept, including the quantity of
substances applied and the date of each application.  All substances
shall be identified by brand name, if any, and by source.
   (5) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all handlers, processors,
or retailers to whom the food is sold or otherwise transferred, the
quantity of food sold or otherwise transferred, and the date of the
transaction.
   (e) All persons who sell, at retail, food sold as organic shall
keep accurate and specific records of the following:
   (1) The name and address and, if applicable, the registration
numbers issued pursuant to Section 110875 of this code or Section
46002 of the Food and Agricultural Code of all suppliers of the food,
the quantity of food purchased or otherwise transferred, and the
date of the transaction.
   (2) Invoices for each shipment from the supplier that state that
the food may be sold as organic.
   (3) If the food is labeled or represented to be certified,
invoices from the supplier or separate written documentation from
                                           a certification
organization that states that the food is certified under this
article.
   (4) All pesticide chemicals applied to the food while in the
control of retailer, including the quantity applied, and the date of
each application.  All pesticide chemicals shall be identified by
brand name, if any, and by source.
   (5) All substances routinely applied in or around any area or
container in which the food is kept.  All substances shall be
identified by brand name, if any, and by source.  This record may be
provided in the form of a single list of substances used.  One list
may be kept at the retailer's headquarters office if all individual
stores operated by that retailer utilize only the substances on the
list.
   Paragraphs (1) and (2) shall not apply to a person who both
produces and sells, at retail, the same food.  The records required
to be kept pursuant to paragraphs (1) to (4), inclusive, of this
subdivision may be kept at the retailer's warehouse or headquarters
office.
   (f) All records required to be kept under this section shall be
maintained by producers for not less than three years and by handlers
and processors for not less than two years from the date that the
food is sold, and shall be maintained by retailers for not less than
one year from the date that the food is received by the retailer.
These records shall be made available for inspection at any time by
the director or the Director of Food and Agriculture and by each
certification organization that certifies the food, if any, for
purposes of carrying out this article and Chapter 10 (commencing with
Section 46000) of Division 17 of the Food and Agricultural Code.
   110845.  (a) Notwithstanding any other provision of law, any
producer, handler, processor, or retailer of food sold as organic
shall immediately make available for inspection by, and shall upon
request, within 72 hours of the request, provide a copy to, the
director, the Attorney General, any prosecuting attorney, any
governmental agency responsible for enforcing laws related to the
production or handling of food sold as organic, or the Secretary of
Food and Agriculture of any record required to be kept under this
section for purposes of carrying out this article and Chapter 10
(commencing with Section 46000) of Division 17 of the Food and
Agricultural Code.  Records acquired pursuant to this subdivision
shall not be public records as that term is defined in Section 6252
of the Government Code and shall not be subject to Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code.
   (b) Upon written request of any person that establishes cause for
the request, the director and the Secretary of Food and Agriculture
shall obtain and provide to the requesting party within 10 working
days of the request a copy of any of the following records required
to be kept under this article that pertain to a specific product sold
or offered for sale, and that identify substances applied,
administered, or added to that product, except that financial
information about an operation or transaction, information regarding
the quantity of a substance administered or applied, the date of each
administration or application, information regarding the identity of
suppliers or customers, and the quantity or price of supplies
purchased or products sold shall be removed before disclosure and
shall not be released to any person other than persons and agencies
authorized to acquire records under subdivision (a):
   (1) Records of a producer, as described in paragraph (1) of
subdivision (a) and in paragraph (3) of subdivision (b) of Section
110840.
   (2) Records of a handler, as described in paragraphs (4) and (5)
of subdivision (c) of Section 110840, records of previous handlers,
if any, and producers as described in paragraph (1) of subdivision
(a) of, paragraph (3) of subdivision (b) of, and paragraphs (4) and
(5) of subdivision (c) of, Section 110840, without identifying the
previous handlers or producers, and, if applicable, records obtained
as required in subdivision (d).
   (3) Records of a processor, as described in paragraph (4) of
subdivision (d) of Section 110840, except for processing aids that
are not residual in the product and spices and seasonings exempt from
labeling requirements in Parts 145 and 146 of Title 21 of the Code
of Federal Regulation, records of previous processors and handlers,
if any, and producers as described in paragraph (1) of subdivision
(a) of, paragraph (3) of subdivision (b) of, paragraphs (4) and (5)
of subdivision (c) of, and paragraph (4) of subdivision (d) of,
Section 110840, without identifying the previous processors,
handlers, or producers, and, if applicable, records obtained as
required in subdivision (d).
   (4) Records of a retailer, as described in paragraphs (4) and (5)
of subdivision (e) of Section 110840, records of previous processors
and handlers, if any, and producers as described in paragraph (1) of
subdivision (a) of, paragraph (3) of subdivision (b) of, paragraphs
(4) and (5) of subdivision (c), and paragraph (4) of subdivision (d)
of, Section 110840, without identifying the previous processors,
handlers, or producers, and, if applicable, records obtained as
required in subdivision (d).
   This subdivision shall be the exclusive means of public access to
records required to be kept by producers, processors, handlers, and
retailers under this article.
   A person required to provide records pursuant to a request under
this subdivision, may petition the director or the Secretary of Food
and Agriculture to deny the request based on a finding that the
request is of a frivolous or harassing nature.  The secretary or
director may, upon the issuance of such a finding, waive the
information production requirements of this subdivision for the
specific request for information that was the subject of the
petition.
   (c) Information specified in subdivision (b) that is required to
be released upon request shall not be considered a "trade secret"
under Section 110165, Section 1060 of the Evidence Code, or the
Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of
Part 1 of Division 4 of the Civil Code).
   (d) The director or the Secretary of Food and Agriculture may
charge the person requesting records a reasonable fee to reimburse
him or her self or the source of the records for the cost of
reproducing the records requested.
   (e) Any person who first imports into this state, for resale, food
sold as organic shall obtain and provide to the enforcement
authority, upon request, proof that the products being sold have been
certified by an accredited certifying organization or have otherwise
been produced in compliance with this article.
   (f) The director shall not be required to obtain records not in
his or her possession in response to a subpoena.  Prior to releasing
records required to be kept pursuant to this chapter in response to a
subpoena, the director shall delete any information regarding the
identity of suppliers or customers and the quantity or price of
supplies purchased or products sold.
   110850.  (a) Commencing January 1, 1996, all organic products
shall be certified by a registered certifying organization, and food
shall be sold as organic only in accordance with this section,
subdivisions (c) and (d) of Section 110830, Sections 110855 to
110870, inclusive, and Section 46009 of the Food and Agricultural
Code.  The Secretary of Food and Agriculture, director, and the
county agricultural commissioners shall carry out this subdivision to
the extent that adequate funds are made available for that purpose.

   (b) Food sold as organic may be certified only by a certification
organization registered pursuant to subdivisions (c) and (d), by the
director pursuant to subdivision (f), by a certification organization
registered pursuant to Section 46009 of the Food and Agricultural
Code, or by the Secretary of Food and Agriculture or a county
agricultural commissioner pursuant to Section 46009 of the Food and
Agricultural Code or a federally accredited certification
organization.
   (c) In order to be registered, a certification organization shall
meet all of the following minimum qualifications:
   (1) Be the certification organization for at least five legally
separate and distinct, financially unrelated, and independently
controlled persons involved in the production or processing of food
sold as organic.
   (2) Be a legally separate and distinct entity from any person
whose food is certified by the organization.  A certification
organization shall be considered legally separate and distinct
notwithstanding the fact that persons or representatives of persons
whose food is certified serve as directors, officers, or in other
capacities for the certification organization, so long as those
persons or representatives of those persons do not exercise
decisionmaking authority over certification of that particular food.

   (3) Have no financial interest in the sale of the food, except
that fees charged by the certification organization to cover the
reasonable costs of operating the certification organization do not
constitute a financial interest for purposes of this section.
   (d) Effective January 1, 1992, a certification organization which
certifies processed food sold as organic, except for processed meat,
fowl, or dairy products, shall register with the director and shall
thereafter annually renew the registration unless no longer engaged
in the activities requiring the registration.  Registration shall be
on a form provided by the director, shall include the filing of a
certification plan as specified in Section 110865 and payment of the
fee specified in subdivision (f).  The director shall make forms
available for this purpose on or before December 1, 1993.  The
registration form shall include a written statement affirming
compliance with all requirements for certification organizations
specified in Section 110850 to 110870, inclusive, and confirmation
that each component of the organization's certification plan has been
filed as specified in Section 110865.  The director shall reject a
registration submission that is incomplete or not in compliance with
this article.
   (e) Commencing July 31, 1991, the director may, upon the request
of a sufficient number of persons to fund the program's cost,
establish and maintain a certification program for processors of food
sold as organic and shall establish and collect a fee from all
processors of food certified under that program to cover all of the
department's costs of administering the program.  The certification
program shall be subject to all provisions regarding certification
organizations contained in this article, except that the requirements
of subdivisions (c) and (d) shall not apply, and the program shall
meet all of the requirements for federal certification programs,
including federal accreditation.
   (f) The registration fee shall be five hundred dollars ($500),
unless the certification organization is also registered as a
certifier of producers by the Secretary of Food and Agriculture under
Section 46009 of the Food and Agricultural Code, in which case the
registration fee shall be one hundred dollars ($100).
   (g) The director may audit the organization's certification
procedures and records at any time.  Records of certification
organizations not otherwise required to be released upon request or
made publicly available shall not be released by the director except
to other employees of the department, the Department of Food and
Agriculture, a county agricultural commissioner, the Attorney
General, any prosecuting attorney, or any government agency
responsible for enforcing laws related to the activities of the
person subject to this part.
   110855.  Prior to initial certification of a producer, a
registered certification organization shall conduct at least one
initial physical inspection of the premises where the food to be
certified is produced.  This inspection shall include the
recordkeeping system necessary for compliance with Section 110840 and
the area or facility at which the food is produced.
   110860.  (a) A registered certification organization shall no less
often than, at the end of each calendar quarter, prepare a list by
name of all persons whose production or processing of food is
certified or pending certification by the certification organization.
  This list shall be filed with the department or the Department of
Food and Agriculture, as applicable, by the certification
organization and made publicly available within 30 days after the end
of each quarter.
   (b) A registered certification organization or a federally
accredited certification organization shall, at least annually,
physically inspect the premises where the food to be certified is
produced and processed.  The inspection shall include an examination
of recordkeeping.
   110865.  A registered certification organization shall adopt and
adhere to a certification plan filed annually and made publicly
available.  Except in the case of a certification program established
pursuant to subdivision (e) of Section 110850, a certification plan
shall be filed as part of the registration required pursuant to
subdivision (d) of Section 110850.  A certification plan shall at
minimum include a detailed description of all of the following
elements of the certification organization's program:
   (a) Minimum information required from producers or processors
regarding growing or processing practices and methods for verifying
that information.
   (b) Qualifications of and training requirements for all
inspectors.
   (c) Procedures for inspection, including frequency and items
covered.
   (d) Procedures for soil and tissue sampling and analysis.
   (e) Criteria for certification.
   (f) Process for certification decisionmaking, including
identification of persons with decisionmaking authority.
   110870.  (a) Only food that has been produced, handled, and
processed in accordance with this article may be certified by a
registered certification organization.
   (b) Processed or multiingredient food sold as organic may only be
certified if all the organic ingredients are certified.
   110875.  (a) Every person engaged in this state in the processing
or handling of processed food sold as organic, including the handling
or processing of fish or seafood sold as organic, except for
processors and handlers of processed meat, fowl, or dairy products,
shall register with the director, and shall thereafter annually renew
the registration unless no longer so engaged.  Processors and
handlers of processed food that are registered with the department
pursuant to Article 2 (commencing with Section 110460) shall register
under this section in conjunction with the annual renewal of their
registration pursuant to that article.  All others required to
register under this subdivision shall register within 30 days of
forms being made available for this purpose.  Any processor or
handler of processed foods required to register under this
subdivision that does not pay the registration fee required by
subdivision (c) within 30 days of the date on which the fee is due
and payable shall pay a penalty of 1 percent per month on the unpaid
balance.
   (b) Registration shall be on a form provided by the director and
shall be valid for a period of one calendar year from the date of
validation of the completed registration form.  The director shall
make forms available for this purpose on or before January 1, 1994.
The information provided on the registration form shall include all
of the following:
   (1) The nature of the registrant's business, including the types
and quantities of each type of product that are sold as organic.
   (2) The total current annual gross sales in dollars of products
sold as organic.
   (3) The names of all certification organizations and governmental
entities, if any, providing certification to the registrant pursuant
to this article.
   (c) A registration form shall be accompanied by payment of a
nonrefundable registration fee of one hundred dollars ($100), payable
to the department.
   (d) To the extent feasible, the director shall coordinate the
registration and fee collection procedures of this section with
similar licensing or registration procedures applicable to
registrants.
   (e) The director shall reject a registration submission that is
incomplete or not in compliance with this article.
   (f) The director shall provide a validated copy of the completed
registration form to the registrant.
   (g) Registration forms shall be made available to the public for
inspection and copying at the main office of the department.  Copies
of registration forms shall also be made available by mail, upon
written request and payment of a reasonable fee, as determined by the
director.  Registration information regarding quantity of products
sold and gross sales volume in dollars shall be deleted prior to
public inspection and copying and shall not be released to any person
except other employees of the department, the Department of Food and
Agriculture, a county agricultural commissioner, the Attorney
General, any prosecuting attorney, or any government agency
responsible for enforcing laws related to the activities of the
person subject to this part.
   (h) The requirements of this section shall not apply to retailers
of food sold as organic.
   110880.  This article shall apply to all food sold as organic
within the state, wherever produced, handled, or processed, and to
all food produced, handled, or processed in the state, wherever sold
as organic; except that in lieu of registration under this article,
the director may recognize a certification program operating outside
the state that certifies processed food sold as organic, except for
processed meat, fowl, or dairy products, as functionally equivalent
to a certification organization registered under Section 110850, so
long as that program meets minimum standards substantially similar to
those contained in subdivision (c) of Section 110850 and Sections
110855 to 110870, inclusive.  The director may administratively
establish a procedure whereby certification organizations operating
outside the state may apply for and receive recognition.
   110885.  This article shall not apply to the term "natural" when
used in the labeling or advertising of a food.
   110890.  (a) It is unlawful for any person to sell, offer for
sale, advertise, or label any food in violation of this article.
   (b) Notwithstanding subdivision (a), a person engaged in business
as a distributor or retailer of food who in good faith sells, offers
for sale, labels, or advertises any food in reliance on the
representations of a producer, processor, or other distributor that
the food may be sold as organic, shall not be found to violate this
article unless the distributor either:  (1) knew or should have known
that the food could not be sold as organic; (2) was engaged in
producing or processing the food; or (3) prescribed or specified the
manner in which the food was produced or processed.
   110895.  (a) It is unlawful for any person to certify food in
violation of this article.
   (b) It is unlawful for any person to certify food as organic
unless duly registered as a certification organization pursuant to
Section 110850.
   (c) It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed, in registration for a certification
organization pursuant to Section 110850.
   110900.  (a) It is unlawful for any person to produce, handle, or
process food sold as organic unless duly registered pursuant to
Section 110875.
   (b) It is unlawful for any person to willfully make a false
statement or representation, or knowingly fail to disclose a fact
required to be disclosed, in registration pursuant to Section 110875.

   110905.  It is unlawful for any person to forge, falsify, fail to
retain, fail to obtain, or fail to disclose records pursuant to
Sections 110840 and 110845.
   110910.  It is unlawful for any person to advertise, label, or
otherwise represent that any fertilizer or pesticide chemical may be
used in connection with the production, processing, or distribution
of food sold as organic if that fertilizer or pesticide chemical
contains a prohibited material.
   110915.  (a) In lieu of prosecution, the director may levy a civil
penalty against any person who violates this article or any
regulation adopted pursuant to this article in an amount not more
than five thousand dollars ($5,000) for each violation.  The amount
of the penalty assessed for each violation shall be based upon the
nature of the violation, the seriousness of the effect of the
violation upon effectuation of the purposes and provisions of this
article, and the impact of the penalty on the violator, including the
deterrent effect on future violations.
   (b) Notwithstanding the penalties prescribed in subdivision (a),
if the director finds that a violation was not intentional, the
director may levy a civil penalty of not more than two thousand five
hundred dollars ($2,500) for each violation.
   (c) For a first offense, in lieu of a civil penalty as prescribed
in subdivisions (a) and (b), the director may issue a notice of
violation, if he or she finds that the violation is minor.
   (d) A person against whom a civil penalty is levied shall be
afforded an opportunity for a hearing before the director, upon
request made within 30 days after the date of issuance of the notice
of penalty.  At the hearing, the person shall be given the right to
review the director's evidence of the violation and the right to
present evidence on his or her own behalf.  If no hearing is
requested, the civil penalty shall constitute a final and
nonreviewable order.
   (e) If a hearing is held, review of the decision of the director
may be sought by any person within 30 days of the date of the final
order of the director pursuant to Section 1094.5 of the Code of Civil
Procedure.
   (f) A civil penalty levied by the director pursuant to this
section may be recovered in a civil action brought in the name of the
state.
   110920.  No fee established and collected pursuant to this article
shall exceed the department's costs of regulating and enforcing the
provisions of this article related to the function for which the fee
is established.
   110925.  Any fees and civil penalties collected pursuant to this
article shall be deposited in the General Fund and, upon
appropriation by the Legislature, shall be expended to fulfill the
responsibilities of the director as specified in this article.
   110930.  The director shall, to the extent funds are available,
enforce this article applicable to all processors and handlers of
processed food sold as organic, including handlers and processors of
fish and seafood sold as organic, except for processors and handlers
of processed meat, fowl, and dairy products.
   110935.  (a) The director shall maintain in a central location,
and make publicly available for inspection and copying, upon request,
a list of all penalties levied within the past five years, including
the amount of each penalty, the party against whom the penalty was
levied, and the nature of the violation.  The list also shall be
available by mail, upon written request and payment of a reasonable
fee, as determined by the director.
   (b) On or before January 1, 1994, the director, in cooperation
with the Director of Food and Agriculture, shall prepare a report to
the Legislature describing enforcement activities under this article
and Chapter 10 (commencing with Section 46000) of Division 17 of the
Food and Agricultural Code and containing recommendations regarding
the need for, and means of, improved enforcement of this article and
Chapter 10 (commencing with Section 46000) of Division 17 of the Food
and Agricultural Code.
   110940.  (a) Any person may file a complaint with the director
concerning suspected noncompliance with this article by a person over
whom the director has responsibility as provided in this article.
   (b) The director shall, to the extent funds are available,
establish a procedure for handling complaints, including, provision
of a written complaint form, and procedures for commencing an
investigation within three working days of receiving a written
complaint regarding fresh food, and within seven working days for
other food, and completing an investigation and reporting findings
and enforcement action taken, if any, to the complainant within 90
days thereafter.
   (c) The director may establish minimum information requirements to
determine the verifiability of a complaint and may provide for
rejection of a complaint that does not meet the requirements.  The
director shall provide written notice of the reasons for rejection to
the person filing the complaint.
   (d) The responsibilities of the director under this section shall
be carried out to the extent funds are available.
   110945.  This article shall apply notwithstanding any other
provision of law that is inconsistent with this article.  Nothing in
this article is intended to repeal any other provision of law not
inconsistent with this article.
   110950.  The director may adopt any regulations as are reasonably
necessary to assist in the implementation of, or to make more
specific, the provisions of, this article.
   110955.  Any reference in law to former Section 26569.11, whether
existing or hereinafter enacted, shall be interpreted to refer to
this article and Chapter 10 (commencing with Section 46000) of
Division 17 of the Food and Agricultural Code as the successor
section.

      Article 8.  Potentially Hazardous Food

   110960.  It is unlawful for any person to hold or display any
potentially hazardous refrigerated food at any temperature above 45
degrees Fahrenheit.

      Article 9.  Frozen Foods

   110965.  (a) No retail food production and marketing establishment
shall advertise, label, or otherwise hold out as fresh any meat or
fish that has been previously frozen.
   (b) For purposes of this section:
   (1) "Frozen" means any meat or fish stored in a room or
compartment in which the temperature is plus five degrees Fahrenheit
or lower.
   (2) "Retail food production and marketing establishment" means any
room, building, or place, or portion thereof, maintained, used, or
operated for, or in conjunction with, the retail sale of food, or
preparation of food.  "Retail food production and marketing
establishment" does not include any food facility, such as any
"mobile food preparation unit" any "vehicle," and any "vending
                                         machine" as defined in
Chapter 4 (commencing with Section 113700) of Part 7; any wholesale
food manufacturing, distributing, or storage establishment,
including, but not limited to, the licensed premises or branch office
of any winegrower, any brandy manufacturer, or any wine blender,
subject to Chapter 4 (commencing with Section 111950) of Part 6; any
frozen food locker plant subject to Chapter 7 (commencing with
Section 112500) of Part 6; any health facility subject to Chapter 2
(commencing with Section 1250) of Division 2 and Section 127050; any
community care facility subject to Chapter 3 (commencing with Section
1500) of Division 2; or any "official establishment" subject to
Chapter 4 (commencing with Section 18650) of Part 3 of Division 9 of
the Food and Agricultural Code.
   (c) On and after the effective date of the act that added this
subdivision to this section during the 1993-94 Regular Session,
Section 26661 of the Food and Agricultural Code shall apply, to the
exclusion of any provision of this section, with respect to the
advertising, labeling, or otherwise holding out, of poultry.
   110975.  The following definitions apply to this article:
   (a) "Ice" means the product obtained as the result of freezing
water by natural, mechanical, or artificial means.
   (b) "Natural ice" means the product obtained as the result of
freezing water by natural means.
   110980.  In addition to the requirements of this article, unless
ice is otherwise specifically excluded, regulations specifying good
manufacturing practices applicable to food generally pursuant to
Section 110105 shall be applicable to the manufacture of ice.
   110985.  No person shall make ice from, or cut natural ice from,
water that does not comply with primary drinking water standards
adopted by the department pursuant to Section 116365.  No person
shall sell or offer for sale for human consumption or food
preservation ice made or cut in violation of this article.
   110990.  Unless water from a public water system, as defined in
Section 116275, is used in the manufacture of ice, the manufacturer
shall, on a quarterly basis, obtain from an approved laboratory, a
bacterial analysis of the water used.  The analysis shall be
submitted to the department, indicating whether the water is pure and
wholesome.
   110995.  Any person or entity who manufactures, transports,
stores, or sells ice shall comply with all of the following:
   (a) A room in which ice is manufactured shall be used for no other
purpose than the manufacture of ice and the production of
refrigeration, and may contain refrigeration equipment and machinery.
  This subdivision shall not apply to any food facility as defined in
Section 113785.
   (b) Ice storage or processing areas shall be maintained in a clean
and sanitary condition and no noxious or offensive odors, smoking,
or other air pollution shall be permitted therein.
   (c) Cover tops for tank cans shall have a smooth, painted, or
treated surface, and shall be cleaned daily.  Water used for cleaning
shall not be permitted to  drip into freezing cans.  Only potable
water shall be used in sprays and in the thaw tanks for the removal
of ice from cans.  Water coverage tanks shall be covered and provided
with filtered vents.
   (d) Crushed, cubed, or shaved ice, intended for human consumption,
shall be stored in a manner that prevents its pollution or
contamination.
   (e) Soil, waste, or drain pipes shall not be installed or
maintained above any ice platform, loading space, ice container, ice
storage room, dip tank or any place where leakage from the pipes may
drop into, or upon any ice or upon any area or equipment used in the
manufacture of ice, unless a safety device shall be installed under
the pipes drained to an open receptacle or drain so as to prevent
pollution of ice, water, or equipment used in the manufacture of the
ice.
   (f) Block ice-loading platforms shall be washed with water as
often as necessary to keep them in a clean and sanitary condition,
but not less than once each day.
   (g) Block ice pullers and block ice storage-room employees shall
wear rubber overshoes while on duty.  The rubber overshoes shall be
removed when the employee leaves the storage or tank room, except
that if the rubber overshoes are not removed, they shall be cleaned
and disinfected before reentering the storage or tank room.  The use
of street shoes without rubber overshoes in these areas is
prohibited.
   (h) All frozen unpackaged ice blocks intended for sale for human
consumption or for the refrigeration of food products shall be washed
thoroughly with potable water.  Ice manufactured for industrial
purposes need not be washed prior to shipping but shall be handled
and stored separately from ice intended for human consumption.
   (i) Ice shall be handled only with clean tongs, ice-carrying bags,
scoops, or other sanitary containers, and shall not be directly
handled with bare hands.
   (j) Single service supplies shall be stored, dispensed, and
handled in a sanitary manner and shall be used only once.
   (k) Persons not directly involved in the manufacture, processing,
packaging, or storing of ice, in the maintenance of facilities and
equipment used therefore, or in the management, supervision, or
inspection thereof, shall not be permitted in any area where ice is
manufactured, processed, packaged, or stored,  unless personal
cleanliness and hygienic practices are taken to prevent contamination
of the product.  These areas shall have signs posted to this effect.

   (l) Bacteriological tests of the finished ice shall be conducted
not less than biannually, chemical and physical tests annually, and
radiological tests every four years, to insure that ice manufactured
for human consumption or for the refrigeration of food products
complies with the primary drinking water standards adopted by the
department pursuant to Section 116365.
   (m) No ice produced out of state shall be sold or distributed
within this state unless it complies with this article.
   111000.  (a) Filter beds and any filtering equipment shall be
designed to protect ice from contamination and shall be subject to
periodic treatment and cleaning.
   (b) All equipment and utensils used in ice production areas shall
be of easily cleanable construction, shall be kept clean and in good
repair, and shall be handled and stored in a sanitary manner.
Materials used as ice contact surfaces shall be smooth, nontoxic, and
nonabsorbent.  Ice cans shall be leakproof and the inner surfaces of
the containers shall be free of corrosion.
   (c) Freezing tank covers shall be designed and constructed to
protect ice containers from splash, drip, and other contamination,
shall be easily cleanable, and shall be kept clean and in good
repair.  The covers shall be equipped with rings or similar devices
when hooks are used for pulling.  Can or tank covers, and the ledges
or sides of the tank upon which the cover rests, shall be cleaned as
often as necessary to keep them in a sanitary condition.
   (d) Conveyor surfaces shall be of impervious material and shall
protect ice from contaminants that may result from shredding,
flaking, peeling, or fragmentation of the conveyor surface.
   (e) Equipment lubrication shall not contaminate the ice and  only
food grade lubricants shall be used.
   (f) All product storage and holding areas to be refrigerated shall
be cleaned as often as necessary to keep them free of contamination.

   (g) Air used for water agitation shall be filtered or otherwise
treated to remove dust, dirt, insects, and extraneous material.
Filters shall be placed upstream from the compressor and shall be
easily removable for cleaning or replacement.
   (h) The compressor or blower used to supply air or water agitation
shall be designed to deliver oil-free air.
   (i) Air lines and core or vacuum devices shall be used as needed
to produce ice free of rust or other foreign materials.
   111005.  In addition to the requirements of this article, ice
shall be considered a food subject to all the sanitation requirements
applicable to food generally pursuant to Article 1 (commencing with
Section 110425), except those provisions that specifically exclude
ice.
   111010.  Any truck, vehicle, or other equipment used for delivery,
distribution, or selling ice, shall comply with all of the
following:
   (a) It shall be constructed and maintained to provide adequate and
reasonable protection to the ice transported therein.  Care shall be
taken to prevent its contact with any contaminants, or other
substances that would take the ice out of compliance with the
drinking water standards prescribed by this article.
   (b) All cubed, crushed, or shaved ice shall be kept in clean
receptacles or containers that shall be kept covered while the
vehicle is in motion.

      Article 11.  Local Enforcement

   111015.  "Health officer," as used in this article, means the
health officer appointed by a county board of supervisors pursuant to
Section 101000, by the governing body of a city pursuant to Section
101460, by the governing body of a city and county, or by a local
health district board pursuant to former Section 940, that is
continued in effect as to any existing district by Section 3 of
Chapter 380 of the Statutes of 1959.
   111020.  The department, upon the request of a health officer, may
authorize the local health department of a city, county, city and
county, or local health district to enforce this part, and the
regulations adopted pursuant to this part that pertain to retail food
establishments, as defined by regulation, if the department
determines that the local health department has sufficient personnel
with adequate training to do so.  The enforcement shall be limited to
the area under the jurisdiction of the local health department.
   111025.  The department may revoke any authorization made pursuant
to this article, if it determines, after a hearing conducted
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code that the local health
department authorized pursuant to this article is not enforcing this
part or the regulations adopted pursuant to this part, or no longer
has an adequate staff qualified to do so.
   111030.  A local health department that is authorized by the
department to enforce this part may make inspections, take samples,
make laboratory examinations, impose and remove embargoes, hold
informal hearings, certify facts to the district attorney, and
institute proceedings for the forfeiture, condemnation, and
destruction of food found to be adulterated or misbranded.  The
action shall be instituted in the name of the city, county, city and
county, or district of which the local health department is a part,
and shall conform to the requirements of this part and the
regulations adopted by the department pursuant to this part.
   111035.  For the purposes of this article, the health officer and
his or her deputies shall have the same powers and authority as an
inspector of the Bureau of Food and Drug of the department.
   111040.  When an examination or analysis made pursuant to this
part shows that any provision of this chapter has been violated,
written notice of that fact together with a copy of the findings
shall be furnished to each party from whom the sample was obtained,
or who issued the product guarantee.
   111045.  The health officer shall set a time for an informal
hearing, at which the parties may be heard before him or her or his
or her representatives.  A notice in writing shall be served upon the
interested parties at least 15 days prior to the hearing.  The
informal hearing shall be private and limited to questions of fact.
Appearances may be made in person or by attorney.  Testimony may be
taken and evidence introduced as to the correctness of the findings
made by the person making the examination or performing the analysis.

   111050.  If the examination or analysis is found to be correct, or
if any party fails to appear after notice has been duly given, the
health officer may certify the facts found to the district attorney
of the county.  No publication shall be made until after the hearing
is concluded.
   111055.  This article shall not be construed as repealing, either
directly or by implication, any of the existing sections of this
chapter, but shall be construed as constituting an alternative method
of enforcing this part.
   111060.  This article shall not affect any previous authorization
by the department to a local health department of a county, city, or
city and county to enforce this part.
   111065.  The department may adopt regulations relating to the
operation of a local health department as it considers necessary to
fully effect this article, including, but not limited to,
requirements relating to reporting of activities and the numbers and
qualification of personnel.

      Article 12.  Bottled, Vended, Hauled, and Processed Water

   111070.  (a) "Bottled water," means any water that is placed in a
sealed container at a water-bottling plant to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans.  Bottled water shall not include water packaged
with the approval of the department for use in a public emergency.
   (b) "Vended water" means any water that is dispensed by a
water-vending machine, retail water facility, or water from a private
water source, or other water as defined in Section 111170 that is
not placed by a bottler in sealed containers, and that is dispensed
by a water-vending machine, retail water facility, water hauler, or
any other person or facility for drinking, culinary, or other
purposes involving a likelihood of the water being ingested by
humans.  "Vended water," does not include water from a public water
system that has not undergone additional treatment.  Water sold
without further treatment is not "vended water" and shall be labeled
in accordance with paragraph (10) of subdivision (a) of Section
111170.
   (c) "Water-bottling plant" means any facility in which bottled
water is produced.
   (d) A "water-vending machine" means any self-service device that,
upon insertion of a coin, coins, or token, or upon receipt of payment
by any other means, dispenses a unit volume of water to be used for
drinking, culinary, or other purposes involving a likelihood of the
water being ingested by humans.
   (e) "Water hauler," means any person who hauls water in bulk by
any means of transportation if the water is to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans.
   "In bulk," as used in this subdivision, means containers having
capacities of 250 gallons or greater.
   (f) "Retail water facility" means any commercial establishment
where vended water is sold, and placed in customer's containers, or
placed in containers sold or given to customers who come to the
establishment to obtain water.
   (g) "Private water source," means a privately owned source of
water, other than a public water system, that is used for bottled or
vended water and meets the requirements of an approved source for
bottled water as defined in Section 129.3 of Title 21 of the Code of
Federal Regulations.
   (h) "Bottled water distributor" means any person, other than an
employee or representative of a bottled water plant, who delivers
bottled water directly to customers.
   111075.  (a) Any person who processes, packages, distributes,
transfers, or stores bottled water or vended water shall comply with
the good manufacturing practices described in Part 129 of Title 21 of
the Code of Federal Regulations.
   (b) Prior to bottling or vending water, the water shall be
subjected to filtration and effective germicidal treatment by ozone,
ultraviolet, carbon dioxide, or an equivalent disinfection process
approved by the department, except that the requirements for
filtration and germicidal treatment shall not apply to mineral water
as defined in and from a source that is subject to the council
directive of the European Economic Community pertaining to natural
mineral waters, dated July 15, 1980, or that is subject to any other
natural mineral water standard in the country of origin that
prohibits filtration and germicidal treatment, so long as both of the
following conditions are met:
   (1) The source and product are certified by the responsible
authority in the country of origin as complying with microbiological
standards at least equal to the standards of this article.
   (2) The product complies with microbiological standards of this
article.
   (c) Bottled or vended water that originates from a surface water
source that is not protected from surface contamination shall be
subjected to ozonation, filtration, or another effective process that
removes or destroys the cysts of the parasite Giardia lamblia.  For
the purposes of this section, a spring house, catchment basin,
storage tank, or bore hole adjacent to a natural spring water source
as defined in paragraphs (3) and (8) of subdivision (e) of Section
111170, is not a surface water source.
   (d) Ollas or other water-holding dispensers, both refrigerated and
nonrefrigerated, water-vending machines, and water dispensers in
retail water facilities, shall be examined for cleanliness each time
they are serviced by the distributor, bottler, retail water facility,
or water-vending machine operator.  When necessary, these dispensers
shall be sanitized according to the methods described in Part 129 of
Title 21 of the Code of Federal Regulations.
   (e) Sanitary operations, equipment procedures, and process
controls used in the treatment, storage, transport, or dispensing of
water at a retail water facility shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations:  subdivisions
(a) to (c), inclusive, of Section 129.37; Section 129.40; and
subdivisions (a), (c), (d), and (h) of Section 129.80.
   (f) Sanitary operations, equipment, procedures, and process
controls used in the treatment, storage, transfer, transport, or
dispensing of water by water haulers, shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations:  subdivisions
(a) and (b) of Section 129.37; Section 129.40; and subdivisions (a),
(c), (d), and (h) of Section 129.89.
   (g) The design and construction of wells, bore holes, catchment
basins, spring houses, storage tanks, or other water-contact
equipment used by private water sources shall comply with the
requirements of the local regulatory authority.  Sanitary operations,
equipment procedures, and transfer controls used in the treatment,
storage, transfer, or dispensing of water by private water source
operators shall comply with the good manufacturing practices
described in the following provisions of Part 129 of Title 21 of the
Code of Federal Regulations:  subdivision (a) of Section 129.37;
Section 129.40; and subdivisions (a), (c), (d), (g), and (h) of
Section 129.80.
   (h) Bottled water may be processed through lines used also for
other food products under the following conditions:
   (1) Process lines, including storage tanks and associated
equipment, shall be used exclusively for the production of bottled
water, except for filling equipment, that may be used also for
filling other food products.
   (2) Before being used for the bottling of water, filling equipment
that is designed to be cleaned in-place and that is used for filling
other food products shall be thoroughly cleansed and sanitized
in-place in accordance with the manufacturer's specifications and in
compliance with Section 129.80 of Title 21 of the Code of Federal
Regulations and the supplementary procedures that follow in
paragraphs (3) to (7), inclusive, of this section.
   (3) Immediately following completion of filling operations for any
other food product other than water, the filler shall be thoroughly
rinsed internally and externally with potable water.
   (4) In accordance with filler manufacturer's instructions, any
parts that are not designed to be cleaned in-place shall be
disassembled and removed.  All of these parts shall be cleansed and
sanitized prior to reassembly using appropriate cleansing and
sanitizing procedures, as specified in subdivisions (c) and (d) of
Section 129.80 of Title 21 of the Code of Federal Regulations.
   (5) All surfaces of the filler that do not contact food products
shall be cleaned manually so as to render all surfaces clean and free
of any residues.
   (6) The filler shall be prepared and all appropriate connections
made in accordance with the filler manufacturer's instructions to
place the filler in the clean-in-place mode.  The following
procedures shall be followed:
   (A) An alkaline cleaning solution of appropriate strength shall be
recirculated through the filler to provide effective cleaning of all
product contact surfaces, with a minimum recirculation time of 20
minutes at a temperature between 140 and 170 degrees Fahrenheit.
   (B) The cleaning solution shall be drained and followed with a
potable water rinse-to-drain for the removal of all residual cleaner
alkalinity.  This step may be supplemented by the application of an
acidified rinse prior to the potable water rinse in order to
neutralize any residual alkalinity on product contact surfaces.
   (7) Following reassembly of all parts to place the filler into the
product mode and just prior to bottling water, the filler shall be
sanitized in-place in accordance with procedures specified in
subdivision (d) of Section 129.80 of Title 21 of the Code of Federal
Regulations.
   (8) Any alternate cleaning, rinsing, or sanitizing operations or
processes not described in this section shall be approved in writing
by the department.
   (i) Bottled water and bulk waters sold at retail shall not contact
equipment, lines, tanks, or vehicles used for processing, packaging,
holding, or hauling of any nonfood product.
   111080.  The quality standard requirements for bottled water and
vended water, including mineral water, shall include all standards
prescribed by Section 103.35 of Subpart B of Part 103 of Title 21 of
the Code of Federal Regulations, except that water labeled as mineral
water shall exceed 500 milligrams per liter of total dissolved
solids and may exceed the quality standards for chloride, copper,
manganese, iron, sulfate, and zinc prescribed in Section 103.35 of
Title 21 of the Code of Federal Regulations.  The department may
develop additional standards for chloride, copper, manganese, iron,
sulfate, or zinc in mineral water that the department determines are
reasonably necessary to protect the public health.  In addition,
bottled water and vended water, when bottled, shall comply with the
following quality standards and any additional quality standards
adopted by regulation that the department determines are reasonably
necessary to protect the public health:
   (a) Bottled water and vended water shall meet all maximum
contaminant levels set for public drinking water that the department
determines, after public comment, are necessary or appropriate so
that bottled water may present no adverse effect on public health.
New or revised maximum contaminant levels or monitoring provisions
adopted for bottled water by the United States Food and Drug
Administration under the federal Food, Drug and Cosmetic Act that are
more stringent than the state requirements for bottled water are
incorporated into this chapter and are effective on the date
established by the federal provisions unless otherwise established by
regulations of the department.
   (b) Bottled and vended water shall not exceed 10 parts per billion
of total triahalomethanes or five parts per billion of lead unless
the department establishes a lower level by regulation.
   (c) Bottled and vended water shall contain no chemicals in
concentrations that the United States Food and Drug Administration or
the state department has determined may have an adverse effect on
public health.
   (d) Mineral water producers that bottle 5,000 gallons, or less,
per week shall have until February 1, 1990, to comply with the
quality standards for bottled water pursuant to this paragraph.
Mineral water producers may present to the department data on
consumption of mineral water and the health effects of inorganic
elements that may be present as listed in the bottled water quality
standards prescribed by Section 103.35 of Subpart B of Part 103 of
Title 21 of the Code of Federal Regulations.
   111085.  Polycarbonate resins manufactured after January 1, 1988,
and intended for use in fabricating containers for water products
defined in this article shall not contain in excess of three parts
per million residual methylene chloride or in excess of 200 parts per
million residual monochlorobenzene unless the department establishes
a lower level by regulation.  For the purpose of monitoring
compliance with this section, the concentration of methylene chloride
and monochlorobenzene shall not exceed one part per billion in
water.  "Polycarbonate resins" means the substances defined by
Section 177.1580 of Title 21 of the Code  of Federal Regulations
except as modified by this section.
   111090.  Any owner or operator of a water-vending machine or other
device from which any operator or customer dispenses vended water
shall comply with the following standards of design, construction and
sanitation and any additional standards adopted by regulation that
the department determines are reasonably necessary to protect the
public health.  The water-vending machines or devices shall do all of
the following:
   (a) Comply with the construction and performance standards
established by the department or by an independent authority approved
by the department.
   (b) Be designed and constructed to permit easy cleaning and
maintenance of all exterior and interior surfaces.
   (c) Have all parts and surfaces that come into contact with the
water constructed of approved, corrosive-resistant and nonabsorbent
material capable of withstanding repeated cleaning and sanitizing
treatment.
   (d) Have a recessed or guarded corrosion-resistant dispensing
spout.
   (e) Be designed so that all treatment of the vended water by
distillation, ion exchange, filtration, ultraviolet light, reverse
osmosis, mineral addition, or any other acceptable process is done in
an  effective manner.
   (f) Have an effective system of handling drip, spillage, and
overflow of water.
                                               (g) Have a backflow
prevention device approved by the department for all connections with
the water supply.
   (h) Dispense water disinfected by ultraviolet light or other
method approved by the department prior to delivery into the customer'
s container.
   (i) Be equipped with monitoring devices designed to shutdown
operation of the machine when the disinfection unit fails to
function, or shall be monitored daily at startup and manually
shutdown whenever the unit fails to function.
   (j) Be equipped with a self-closing, tight-fitting door on the
vending compartment, or enclosing the vending spout to protect the
vending spout when the water-vending machine is not in use.  As an
alternative, water-vending machines or other water-dispensing devices
may be enclosed in a room with tight-fitting walls, ceilings, and
one of the following:  a self-closing door, an effective air screen
device, or an alternative effective device approved by the
department.
   (k) Comply with the American Water Works Association (AWWA)
specifications for granular activated carbon if used in the treatment
of potable water (AWWA B604-74).
   (l) Be maintained in a clean and  sanitary condition, free from
dirt and vermin.
   (m) Use a state approved and regulated public water supply or
private water source.
   (n) Be located in an area that can be maintained in a clean
condition and in a manner that avoids insect and rodent harborage.
   (o) Be equipped with monitoring devices designed to shut down the
labeled purified water delivery system if treatment of water by the
machine does not result in a total dissolved solids content of less
than 10 milligrams per liter in the purified water.  Alternatively,
machines shall be monitored daily at startup and manually shutdown
whenever the total dissolved solids content exceeds 10 milligrams per
liter in the purified water.
   111095.  It shall be unlawful to operate a bottled plant water
plant, water-vending machine, retail water facility, or private water
source in violation of the minimum health standards of this article.

   111100.  It is unlawful for any person to operate a water vending
machine in this state that does not satisfy the minimum standards
prescribed by this article for the design, construction, and
sanitation of water-vending machines.
   111105.  The department, upon the request of a local health
officer, may authorize the local health officer to implement and
enforce those provisions of this article that relate to water-vending
machines, retail water facilities, and water haulers under the terms
and conditions specified by the department.
   111110.  No water-vending machine shall be used in this state that
does not at least satisfy the minimum standards adopted by the
department.
   111115.  The department shall require that each water-vending
machine, retail water treatment plant, water hauler vehicle and
facility, and private water source be maintained in a clean and
sanitary condition at all times.
   111120.  (a) No person shall operate a water-bottling plant, a
private water source, or be a bottled water distributor in this state
except pursuant to a license issued by the department.  If a person
has a valid water-bottling plant license issued by the department,
additional license fees for a private water source operator, a retail
water facility, a water hauler, or a bottled water distributor based
and operating at the same address, shall not be required.
   (b) No person shall own or operate a water-vending machine or a
retail water facility or be a water hauler, except pursuant to a
license issued by the department or to a permit issued by a local
health department.
   (c) It shall be unlawful for any person to bottle, collect, treat,
hold, distribute, haul, vend, or sell bottled water, vended water,
operate a retail water facility, or operate a private water source
without the license as required by this article.  Any bottled water
or vended water dispensed by a retail water facility or a private
water source that is not licensed in compliance with this article is
misbranded and may be embargoed pursuant to subdivision (e) of
Section 111120.
   (d) It shall be unlawful for a water bottler, distributor, vendor,
retail water facility operator, or private water source operator to
sell or otherwise distribute water that is adulterated, as defined in
Section 110445, 110545, 110560, or 110565, or that is misbranded as
defined in Article 6 (commencing with Section 110660) of Chapter 5.
   (e) For the purposes of enforcing this section, water may be
embargoed pursuant to Section 111860 in its immediate container,
well, spring, spring vault, holding tank, water hauling vehicle,
retail water treatment system, spigot, or pipe if there is reasonable
cause to believe that it is adulterated.
   (f) Any retail water facility, water vendor, or water hauler that
violates this article may be subjected to the same penalty and
enforcement procedure provided for violation of this article by a
water bottling facility.
   111125.  No bottled water produced in an out-of-state bottling
plant shall be sold or distributed within this state unless either
the out-of-state bottler or the distributor shall have first obtained
a bottler's or distributor's license.
   111130.  (a) The department shall charge and collect a fee for
each license application submitted in accordance with the fee
schedule in Table 1, that shall be an amount reasonably necessary to
produce sufficient revenue to enforce this article.  The fees
collected shall be adjusted annually as required by Section 100425.
New applicants for a water bottling plant license shall pay Category
2 fees for the first license year.
   (b) The water-bottling plant and bottled water distributor
categories shall be determined by dividing by 52 the number of
gallons produced or shipped into California during the previous year.
  If the result is an average of 5,000 gallons or less per week, the
firm is Category 1.  If the average exceeds 5,000 gallons per week,
the firm is Category 2.


                                  Table 1
                                License Fees
          License Class                                  Annual Fee
      Water-Bottling Plant
        Category 1                                         $310
        Category 2                                          875
      Water-Vending Machine                                  10.25
      Water Hauler                                          310
      Retail Water Facility                                 310
      Private Water Source Operator                         310
      Bottled Water Distributor                             310

   (c) The owners or operators of each water-bottling plant, retail
water facility, private water source, each water hauler in California
and bottlers or distributors of water bottled out-of-state shall
make application for a license on forms provided by the department.
Applications and license fees shall be submitted for each calendar
year.
   (d) Each water-vending machine owner or operator shall make
application each calendar year for a license for all machines on
forms provided by the department.  A decal or seal provided by the
department indicating a license fee has been paid shall be affixed in
a prominent place to each water-vending machine in service.
   111135.  The department may deny any license application or revoke
or suspend any license issued for cause.  The department shall
inform the person of any denial, revocation, or suspension in
writing, stating with particularity reasons for the denial,
revocation, or suspension.
   "Cause," as used in this section, means a violation of any
provision of this chapter or any regulation adopted pursuant thereto.

   111140.  The department shall charge and collect a fee for each
department evaluation required to issue a new license for a
water-vending machine model or a retail water facility to determine
compliance with standards established by this article.  The fee shall
be three hundred dollars ($300) and shall be adjusted annually as
required by Section 100425.
   111145.  (a) The department shall require each bottler,
distributor, or vendor of bottled water, each owner or operator of
any water-vending machine, each water hauler, each retail water
facility operator, each private water source operator, and each
applicant for a license, to test for all substances necessary to
establish conformance to standards adopted pursuant to Section 111080
at the times and frequencies the department may reasonably
establish.
   (b) Each product dispensed by a water-vending machine or a retail
water facility shall be sampled and analyzed for coliform bacteria at
least once every six months.  The analysis shall be submitted to the
department indicating whether the water is pure and wholesome.
Analysis of vended water or water from retail water facilities shall
be submitted to the local health officers if the local health
officers are authorized by the department pursuant to subdivision (b)
of Section 111105.
   (c) Purified waters from retail water facilities shall be analyzed
by the operator for dissolved solids by conductivity measurement not
less frequently than once every seven days.
   (d) Purified water from vending machines shall be analyzed by the
operator for the dissolved solids by conductivity measurement each
time the vending machine is serviced.
   111150.  (a) All sources of bottled water, vended water, and water
dispensed by a retail water facility shall be monitored annually for
the presence of volatile organic compounds of potential public
health concern, as specified by the United States Environmental
Protection Agency in Tables 2 and 14 contained in Volume 50 of the
Federal Register on pages 46904, 46923, and 46924 on November 13,
1985, or as reasonably specified by the department as a condition of
licensure.
   (b) In lieu of source water monitoring required by this section, a
water bottler, water vendor, or a retail water facility may document
that the source monitoring required by this section is conducted by
another entity approved by the department, or may comply with the
treatment requirements of subdivision (c).
   (c) Detection in the source water of a volatile organic compound,
except trihalomethanes, for which source monitoring is required
pursuant to this section shall be followed immediately by a program
of periodic monitoring by the water bottler, water vendor, or retail
water facility to confirm the presence or absence in the source water
of the volatile organic compound.  If the volatile organic compound
is confirmed to be present in the source water it shall be treated
using granular activated carbon treatment or an equivalent treatment
operated in accordance with good manufacturing practices as provided
in Section 129.80 of Title 21 of the Code of Federal Regulations
until the time that the concentration of the volatile organic
compound does not exceed either one part per billion, or any United
States Environmental Protection Agency or United States Food and Drug
Administration level for drinking water, or a maximum contaminant
level established by the department for bottled water.
   (d) The department may exempt any water bottler, water vendor, or
retail water facility from the monitoring requirements of this
section for any source based on a showing satisfactory to the
department that the source (1) does not contain the volatile organic
compound for which monitoring is required and (2) is not vulnerable
to contamination by the volatile organic compound because for surface
water sources the compounds are not applied, manufactured, stored,
disposed or shipped upstream, and for groundwater sources, the
compounds are not applied, manufactured, stored, disposed, or shipped
in the groundwater recharge basin.
   111155.   Notwithstanding any other provisions of this article,
the department may require any bottler, distributor, or vendor of
bottled water, any owner or operator of a water-vending machine, any
water hauler, any retail water facility operator, any private water
source operator, or any applicant for a license to test and submit
results to the department for any substance, including organic
chemical contaminants, at any time that the department believes the
substance may be present in the water source and threaten the public
health.
   111160.  (a) Upon a determination by the department that a
particular water source is subject to potential contamination, the
department shall notify the bottler, distributor, or vendor of
bottled water, the owner and operator of any water-vending machine,
any water hauler, any retail water facility operator, or any private
water source operator of the specific contaminants or class of
contaminants that pose a potential health risk.
   (b) Within 90 days after notification by the department, the
bottler, distributor, vendor of bottled water, the owner and operator
of any water-vending machine, any water hauler, any retail water
facility operator, or any private water source operator shall conduct
an analysis of the water source and submit the results of the
analysis to the department.
   (c) If evidence of contamination is found, the department may, by
order, require the bottler, distributor, vendor of bottled water, or
the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator to conduct a source and product water analysis for
the contaminants of concern in accordance with conditions specified
by the department.  The water analysis shall be conducted and
reported on an annual basis, unless the department finds that
reasonable action requires either more frequent or less frequent
analysis.
   (d) The department may, by order, require the bottler,
distributor, vendor of bottled water, the owner and operator of any
water-vending machine, any water hauler, any retail water facility
operator, or any private water source operator to reduce or eliminate
the concentration of any chemical that the department determines may
have an adverse effect on public health.  Until an enforceable
standard has been established for a chemical that may have an adverse
effect on human health, the department may require treatment
techniques to reduce the concentration of the contaminants that
require treatment, in the department's judgment, to prevent known or
anticipated adverse effects on the health of persons.  The treatment
system shall be designed to meet criteria designated by the
department or by an independent authority approved by the department.

   (e) The department may grant variances from the requirements of
subdivision (d), if the bottler, distributor, vendor of bottled
water, the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator demonstrates either of the following:
   (1) That the prescribed treatment technique is not necessary to
protect the health of consumers because its water source is not
subject to, nor is it likely to be subject to, significant chemical
contamination.
   (2) An alternative treatment technique is at least as efficient in
lowering the level of contaminants to be controlled.
   111165.  All testing of bottled water, bottled water sources,
water distributed by water haulers, water from retail water facility,
and water from vending machines shall be done by laboratories
approved by the department, laboratories certified by the United
States Environmental Protection Agency, laboratories certified by the
primary enforcement authority in states that have been granted
primacy by the United States Environmental Protection Agency, or
laboratories certified (accredited) by a third-party organization
acceptable to a primacy state.
   111170.  (a) Labeling and advertising of bottled water and vended
water shall conform with this section and Chapter 4 (commencing with
Section 110290) and Part 101 of Title 21 of the Code of Federal
Regulations.
   (b) Each container of bottled water sold in this state, each
water-vending machine, and each container provided by retail water
facilities located in this state shall be clearly labeled in an
easily readable format.  Retail water facilities that do not provide
labeled containers shall post, in a location readily visible to
consumers, a sign conveying required label information.
   (c) Water-vending machines, retail water facilities, and private
water sources that sell water at retail shall display in a position
clearly visible to customers the following information:
   (1) The name and address of the operator.
   (2) The fact that the water is obtained from an approved public
water supply or licensed private water source.
   (3) A statement describing the treatment process used.
   (4) If no treatment process is utilized a statement to that
effect.
   (5) A telephone number that may be called for further information,
service, or complaints.
   (d) Bottled water may be labeled "drinking water," notwithstanding
the source or characteristics of the water, only if it is processed
pursuant to the Food and Drug Administration Good Manufacturing
Practices contained in Section 103.35 and Parts 110 and 129 of Title
21 of the Code of Federal Regulations, Sections 12235 to 12285,
inclusive, of Title 17 of the California Code of Regulations, and any
other requirements established by the department pursuant to
Sections 111145, 111150, and 111155.  Any vended water and any water
from a retail water facility may be labeled "drinking water,"
notwithstanding the source or characteristics of the water, only if
it is processed pursuant to Article 10 (commencing with Section
114200) of Chapter 4 of Part 7 and any other requirements established
by the department pursuant to Sections 111145, 111150, and 111155.

   111175.  (a) In addition to the requirements of Section 111170, if
a bottler, distributor, water hauler, retail water facility
operator, or vending machine operator provides information in the
labeling or advertising stating or implying that this water is of a
specific water type (for example, "spring water") or treated in a
specific manner (for example, "purified"), the type or treatment
shall be clearly labeled in an easily readable format.  In order to
be so labeled, the source or treatment shall conform to the following
criteria:
   (1) "Artesian well water" means water from a well tapping an
aquifer in which the water level will stand above the bottom of the
confining bed of the aquifer, and in which the hydraulic pressure of
the water in the aquifer is greater than the force of gravity.
Artesian well water shall not be altered by the addition or deletion
of minerals or by blending it with water from a nonartesian well
water source, except that artesian well water may be filtered and
shall be treated with ozone or an equivalent disinfection process.
   (2) "Fluoridated water" means water containing naturally occurring
or added fluoride.  The label shall specify whether fluoride is
naturally occurring or is added.  Any water that meets the
designation of this paragraph shall contain not less than 1.0
milligrams per liter fluoridization and otherwise comply with the
Food and Drug Administration quality standards set forth in Section
103.35(d)(2) of Title 21 of the Code of Federal Regulations.
   (3) "Mineral water" means bottled water or vended water containing
more than 500 milligrams per liter of total dissolved solids and
originating entirely from an underground source, that may be a well,
artesian well, or spring.  Bottled or vended mineral water may be
derived from a natural orifice or from a bore hole adjacent to the
natural orifice.  If it is derived from a natural orifice or from a
bore hole adjacent to the natural orifice, the water shall be from
the same underground stratum and be of the same quality and
composition as the water derived from the natural orifice without
external force.  Mineral water may not be altered by the addition or
deletion of minerals or by blending it with water from a nonmineral
water source, except that mineral water may be filtered and shall be
treated with ozone or an equivalent disinfection process approved by
the department and shall be treated to reduce the concentrations of
any naturally occurring substance that exceeds the bottled water
safety standards established by the department.  Mineral water may be
collected and transported by pipes, tunnels, trucks, or similar
devices.  Any water that meets the criteria of this paragraph may
also be labeled "natural mineral water."
   (A) Mineral water that contains carbon dioxide as it emerges from
the source and is bottled directly with its entrapped gas, or from
which the gas is mechanically separated and later reintroduced into
the water at the time of bottling shall be labeled "naturally
carbonated" or "naturally sparkling."
   (B) Mineral water that contains carbon dioxide, other than that
naturally occurring in the source product, shall be labeled with the
words "carbonation added" or "carbon dioxide added" when the
carbonation is obtained from a natural or manufactured source.
   (4) "Mineralized water" means bottled or vended water that meets
the requirements of "mineral water" except that the water contains
added minerals.
   (5) "Natural water" means bottled or vended spring, artesian well,
or well water that is unmodified by mineral addition or deletion,
except "natural water" may be filtered and shall be sanitized with
ozone or an equivalent disinfection process and treated to reduce the
concentration of any substance that exceeds safety standards
established by the department.
   (6) "Naturally sparkling water" means bottled water or vended
water with a carbon dioxide content from the same source as the
water.  "Sparkling," "carbonated," or "carbonation added" means
bottled water or vended water that contains carbon dioxide.
   (7) "Purified water" means water produced by distillation,
deionization, reverse osmosis, or other method meeting the definition
of purified water in the 21st edition of the United States
Pharmacopeia.  Water that meets the designation of this paragraph,
and is vaporized, then condensed, may be labeled "distilled water."
   (8) "Spring water" means water that issues by natural forces out
of the earth at a particular place.  Bottled or vended spring water
may be derived from the natural orifice or from a bore hole adjacent
to the natural orifice.  If it is derived from the natural orifice by
external force or from a bore hole adjacent to the natural orifice,
the water shall be from the same underground stratum and be of the
same quality and composition as the water derived from the natural
orifice without external force.  Spring water may not be altered by
the addition or deletion of minerals or by blending it with water
from a nonspring water source, except that spring water may be
filtered and shall be treated with ozone or an equivalent
disinfection process.  Spring water may be collected and transported
by pipes, tunnels, trucks, or similar devices.
   (9) "Well water" means water from a hole bored into the ground
that taps the water of an aquifer, except that well water may be
filtered and shall be treated with ozone or an equivalent
disinfection process.  Well water may not be altered by the addition
or deletion of minerals or by blending it with water from a nonwell
water source.
   (10) Notwithstanding any other provision of this section, water
from a public water system that is unprocessed by the bottler or
vendor shall be labeled as "unprocessed public drinking water."
   111180.  Except as provided in Section 111080, any bottled water
or vended water, the quality of which is below the quality required
by this article, shall be labeled with a statement of substandard
quality, as prescribed by Section 103.35 of Title 21 of the Code of
Federal Regulations.
   111185.  Any bottler, distributor, vendor of bottled water, or
owner or operator of any water-vending machine or retail water
facility, whose corporate name or trademark contains the words
"spring" or "springs," or any derivative of either of these words, or
"well," "artesian well," or "natural" shall label each bottle or
vending machine with the source of the water in typeface at least
equal to the size of the typeface of the corporate name or trademark,
if the source of the bottled or vended water is different from the
source stated in the corporate name or trademark.  Retail water
facilities that do not provide labeled containers shall post, in a
location readily visible to consumers, a sign conveying required
label information.
   111190.  (a) A bottled water, as defined in Section 111170, with
natural or added carbonation, may be prepared with added flavors,
extracts, essences, or fruit juice concentrates derived from a spice
or fruit and comprising less than 1 percent by weight of the final
product.  The final product shall contain no sweeteners, or additives
other than the flavors, extracts, essences, or fruit juice
concentrates and carbon dioxide and shall be designated on labels and
in advertising as follows:
   (1) The common or usual name of the characterizing flavor shall
accompany the designation of the bottled water product type as
defined in subdivision (b) of Section 111170.
   (2) The product may be designated as "natural" only if it meets
the requirements for the designation as defined in paragraphs (5) and
(6) of subdivision (b) of Section 111170, and naturally derived
flavors, extracts, or essences are used.
   (b) Products labeled pursuant to this section shall comply with
all other provisions of this article.  Products with one type or one
source of bottled water that are labeled pursuant to this section
shall not be blended with water that is not bottled water or that is
of another bottled water type.
   111195.  The department, prior to issuing a license, shall review
all labels prepared pursuant to this article, and may require any
changes in order to comply with this article.

      Article 13.  Hamburger and Imitation Hamburger

   111200.  As used in this article, the following definitions shall
apply:
   (a) "Hamburger" means chopped fresh or frozen beef, or a
combination of both fresh or frozen beef, with or without the
addition of beef fat as such, and with or without the addition of
seasoning.  Hamburger shall not contain more than 30-percent fat, and
shall not contain added water, binders, or extenders.  Beef cheek
meat (trimmed beef cheeks) may be used in the preparation of
hamburger to the extent of 25 percent, and if in excess of natural
proportions, its presence shall be declared
                  on the label in the ingredient statement, if any,
and otherwise contiguous to the name of the product.
   (b) "Imitation hamburger" means chopped fresh or frozen beef, or a
combination of both fresh or frozen beef, with or without the
addition of beef fat as such, and with or without the addition of
seasoning.  Imitation hamburger may contain binders and extenders,
with or without the addition of partially defatted beef tissue,
without added water or with added water only in amounts that the
products' characteristics are essentially that of a meat pattie.
   (c) "Restaurant" means restaurants, itinerant restaurants,
vehicles, vending machines, or institutions including hospitals,
schools, asylums, eleemosynaries, and all other places where food is
served to the public for consumption on the premises of sale that are
not included within the definitions of the terms restaurants,
itinerant restaurants, vehicles, and vending machines.
   111205.  (a) If imitation hamburger is sold or served in
restaurant a list of ingredients thereof shall appear on the menu,
or, if there is no menu, the information shall be posted as state
department shall by regulations require.  No list of ingredients,
however, shall be required for imitation hamburger that contains not
more than 10 percent added protein and water, and that does not
contain other binders or extenders.
   (b) No restaurant shall use the terms "hamburger," "burger," or
any other cognate thereof in any advertisement, or menu to refer to
any imitation hamburger.  A restaurant selling or serving imitation
hamburger may refer to the product as imitation hamburger or by any
other term that accurately informs the customer of the nature of the
food product that he or she is sold or served.
   111210.  It is unlawful and constitutes misbranding for any person
to advertise, offer for sale, sell, or serve as hamburger or
imitation hamburger in any restaurant any product that does not come
within the definitions of those terms contained in Section 111200.
It is unlawful and constitutes misbranding for any person to violate
any provision of this article or any regulation adopted pursuant
thereto.
   111215.  It is the public policy of this state to require
restaurants selling hamburger and imitation hamburger to accurately
inform the consumer public of the contents of foods.
   111220.  This article shall be enforced by the same persons and in
the same manner as provided in Article 7 (commencing with Section
28690) of Chapter 11 of Division 22.

      CHAPTER 6.  DRUGS AND DEVICES
      Article 1.  General Provisions

   111225.  As used in this chapter, with respect to a drug or drug
ingredient, "established name" means either of the following:
   (a) The name designated pursuant to Section 508 of the federal act
(21 U.S.C. Sec. 358).
   (b) If there is no such name and the drug or ingredient is an
article recognized in an official compendium, then the official title
in the compendium is the established name.
   If neither subdivision (a) or (b) of this section applies, the
common or usual name, if any, of the drug or of the ingredient is the
established name.  When an article is recognized in the United
States Pharmacopoeia and in the Homeopathic Pharmacopoeia under
different official titles, the official title used in the United
States Pharmacopoeia shall apply unless it is labeled and offered for
sale as a homeopathic drug.  If it is labeled and offered for sale
as a homeopathic drug, the official title used in the Homeopathic
Pharmacopoeia shall apply.
   111230.  Any drug represented in its labeling or advertisement as
an antiseptic shall be considered to be represented as a germicide,
except in the case of a drug that is purported to be or represented
as, an antiseptic for inhibitory use as a wet dressing, ointment,
dusting powder, or other use involving prolonged contact with the
body.
   111235.  Whenever a drug is recognized in both the United States
Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States,
it shall be subject to the requirements of the United States
Pharmacopoeia unless it is labeled and offered for sale as a
homeopathic drug.  If it is labeled and offered for sale as a
homeopathic drug, it shall be subject to the provisions of the
Homeopathic Pharmacopoeia of the United States and not to those of
the United States Pharmacopoeia.
   111240.  Any added poisonous or deleterious substance, or color
additive, shall be considered unsafe for use with respect to any drug
or device unless there is in effect a regulation adopted pursuant to
Section 110090 that prescribes its use in or on drugs or devices.
   111245.  The department may establish performance standards for
devices, that shall be designed to provide reasonable assurance of
safe and effective performance and, where appropriate, requiring the
use and prescribing the form and content of labeling for the proper
installation, maintenance, operation, or use of the device.  However,
if a performance standard is established for a device pursuant to
Section 514 of the federal act (21 U.S.C. Sec. 360d) or Section 521
of the federal act (21 U.S.C. Sec.  360k), it shall be the
performance standard of this state for device.

      Article 2.  Adulterated Drugs or Devices

   111250.  Any drug or device is adulterated if it consists, in
whole or in part, of any filthy, putrid, or decomposed substance.
   111255.  Any drug or device is adulterated if it has been
produced, prepared, packed, or held under conditions whereby it may
have been contaminated with filth, or whereby it may have been
rendered injurious to health.
   111260.  Any drug or device is adulterated if the methods,
facilities, or controls used for its manufacture, processing,
packing, or holding do not conform to, or are not operated or
administered in conformity with current good manufacturing practice
to assure that the drug or device meets the requirements of this part
as to safety and has the identity and strength, and meets the
quality and purity characteristics that it purports or is represented
to possess.
   111265.  Any drug or device is adulterated if it is packaged and
its container is composed, in whole or in part, of any poisonous or
deleterious substance that may render the contents injurious to
health.
   111270.  Any drug or device is adulterated if it bears or contains
for the purpose of coloring only a color additive that is unsafe
within the meaning of Section 111240.
   111275.  Any drug or device is adulterated if it is a color
additive, the intended use of which in or on drugs or devices is for
the purpose of coloring only, and it is unsafe within the meaning of
Section 111240.
   111280.  Any drug is adulterated if it purports to be, or is
represented as, a drug that is recognized in an official compendium,
and its strength differs from, or its quality or purity falls below,
the standards set forth in the compendium.  Such determination as to
strength, quality, or purity shall be made in accordance with the
tests or methods of assay set forth in the compendium, or in the
absence of or inadequacy of the tests or methods of assay, those
prescribed under authority of this part.  No drug defined in an
official compendium shall be deemed to be adulterated under this
section because it differs from the standard of strength, quality, or
purity set forth in the compendium, if its difference in strength,
quality, or purity from the standard is plainly stated on the label.

   111285.  Any drug or device is adulterated if its strength differs
from, or its purity or quality is below, that which it is
represented to possess.
   111290.  Any drug or device is adulterated if any substance has
been mixed or packed with it so as to reduce its quality or strength
or if any substance has been substituted, wholly or in part, for the
drug or device.
   111295.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any drug or device that is
adulterated.
   111300.  It is unlawful for any person to adulterate any drug or
device.
   111305.  It is unlawful for any person to receive in commerce any
drug or device that is adulterated or to deliver or proffer for
delivery any drug or device.
   111310.  While any regulation described in Section 110090 relating
to any color additive is in effect, any drug or device that bears or
contains the color additive in accordance with the regulation shall
not be considered adulterated.
   111315.  Any drug or device intended for export shall not be
deemed to be adulterated under this part if it satisfies all of the
following requirements:
   (a) It accords to the specifications of the foreign purchaser.
   (b) It is not in conflict with the laws of the importing country.

   (c) It is labeled on the outside of the shipping package to show
that it is intended for export.
   If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
   111320.  Any device is adulterated that fails to meet the
applicable performance standard, if any, as provided in Section
111245.
   111325.  A drug or device is deemed adulterated under the laws of
this state if it is subject to regulations issued by the United
States Food and Drug Administration as set forth in Parts 200, 211,
314, and 800 of Volume 21 of the Code of Federal Regulations, as
amended, relating to tamper-resistant packaging, but is not in
compliance therewith.

      Article 3.  Misbranded Drugs or Devices

   111330.  Any drug or device is misbranded if its labeling is false
or misleading in any particular.
   111335.  Any drug or device is misbranded if its labeling or
packaging does not conform to the requirements of Chapter 4
(commencing with Section 110290).
   111340.  Any drug or device is misbranded unless it bears a label
containing all of the following information:
   (a) The name and place of business of the manufacturer, packer, or
distributor.
   (b) An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count.
   Reasonable variations from the requirements of subdivision (b)
shall be permitted.  Requirements for placement and prominence of the
information and exemptions as to small packages shall be established
in accordance with regulations adopted pursuant to Section 110380.

   111345.  Any drug or device is misbranded if any word, statement,
or other information required by or under this part to appear on the
label or labeling is not prominently placed on the label or labeling
with conspicuousness, as compared with other words, statements,
designs, or devices in the labeling, and in terms as to render it
likely to be read and understood by the ordinary individual under
customary conditions of purchase and use.
   111350.  Any drug is misbranded if it is for use by man and
contains any quantity of the narcotic or hypnotic substances
alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis,
carbromal, chloral, coca, cocaine, codeine, heroin, marijuana,
morphine, opium, paraldehyde, peyote, or sulfonmethane; or any
chemical derivative of those substances, that derivative, after
investigation, has been found to be and designated as habit forming,
by regulations adopted by the department, unless its label bears the
name and quantity or proportion of the substance or derivative and in
juxtaposition therewith the statement, "Warning--may be habit
forming."
   Regulations designating habit-forming drugs issued pursuant to
Section 502(d) of the federal act (21 U.S.C. Sec. 352(d)) are the
regulations designating habit-forming drugs in this state.  However,
the department may, by regulation, designate habit-forming drugs
whether or not these habit-forming drugs are in accordance with the
regulations adopted under the federal act.
   111355.  (a) Any drug is misbranded unless its label bears, to the
exclusion of any other nonproprietary name except the applicable,
systematic chemical name or the chemical formula, all of the
following information:
   (1) The established name of the drug, if any.
   (2) If it is fabricated from two or more ingredients, the
established name and quantity of each active ingredient, including
the kind and quantity or proportion of any alcohol, and also
including, whether active or not, the established name and quantity
or proportion of any bromides, ether, chloroform, acetanilide,
acetophenetidin, antipyrine, atropine, hyoscine, hyoscyamine,
codeine, arsenic, digitalis, digitalis glycosides, mercury, ouabain,
strophanthin, strychnine, barbituric acid, or any derivative or
preparation of any substances contained therein.
   (b) The requirement for stating the quantity of the active
ingredients of any drug, including the quantity or proportion of any
alcohol, and also including, whether active or not, the quantity or
proportion of any bromides, ether, chloroform, acetanilide,
acetophenetidin, antipyrine, atropine, hyoscine, hyoscyamine,
codeine, arsenic, digitalis, digitalis glycosides, mercury, ouabain,
strophanthin, strychnine, barbituric acid, or any derivative or
preparation of any substances contained therein, shall apply to all
drugs, including prescription drugs and nonprescription drugs.
However, the requirement for declaration of quantity shall not apply
to nonprescription drugs that are also cosmetics, as defined in
Section 201(i) of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
Sec.  321(i)) and that are labeled in compliance with federal
labeling requirements concerning declaration of ingredients including
active ingredients and also the quantity and proportion of any
alcohol, except that the quantity or proportion of the following
ingredients, whether active or not, shall be declared:  bromides,
ether, chloroform, acetanilide, acetophenetidin, antipyrine,
atropine, hyoscine, hyoscyamine, codeine, arsenic, digitalis,
digitalis glycosides, mercury, ouabain, strophanthin, strychnine,
barbituric acid, or any derivative or preparation of any substances
contained therein.  The department may exempt any nonprescription
drug from the requirement of stating the quantity of the active
ingredients, other than those specifically named in this subdivision,
upon a showing by the applicant through evidence satisfactory to the
department that the granting of the exemption will not endanger the
public health.  For any prescription drug the established name of the
drug or ingredient, as the case may be, on the label and on any
labeling on which a name for the drug or ingredient is used shall be
printed prominently and in type at least half as large as that used
thereon for any proprietary name or designation for the drug or
ingredient.
   The changes made in this section by Chapter 943 of the Statutes of
1978 shall not apply to any drug shipped by a manufacturer or packer
to a retailer or wholesaler before January 1, 1980.  Any such drugs
so shipped shall comply with this section on and after January 1,
1981.
   111360.  Any drug subject to Section 111470 is misbranded unless
the manufacturer, packer, or distributor of the drug includes, in all
advertisements and other descriptive matter issued or caused to be
issued by the manufacturer, packer, or distributor with respect to
that drug, a true statement of all of the following:
   (a) The established name, printed prominently and in a type at
least half as large as that used for any proprietary name of the
drug.
   (b) The formula showing quantitatively each ingredient of the drug
to the extent required for labels under Section 111355.
   (c) The name and place of business of the manufacturer that
produced the finished dosage form of the drug, as prescribed by
regulations issued by the department.  This subdivision applies only
to advertisements or descriptive matter issued for drugs manufactured
in finished dosage form on or after April 1, 1973.
   (d) Such other information, in brief summary relating to side
effects, contraindications, and effectiveness as shall be required by
regulations promulgated by the department.
   Regulations relating to side effects, contraindications, and
effectiveness issued pursuant to Section 502(n) of the federal act
(21 U.S.C. Sec. 352(n)) are the regulations establishing information
requirements relating to side effects, contraindications and
effectiveness in this state.  The department may, by regulation, make
other requirements relating to side effects, contraindications, and
effectiveness whether or not in accordance with the regulations
adopted under the federal act.
   111365.  Any drug subject to Section 111470 is misbranded unless
the established name of the prescription drug or prescription drug
ingredient is printed on the label prominently and in type at least
half as large as that used for the proprietary name or designation on
the label, labeling, or advertising.
   The department may, by regulation, establish exemptions from the
requirements of this section when compliance with this section is not
considered necessary for the protection of health and safety.
   111375.  Any drug or device is misbranded unless its labeling
bears all of the following information:
   (a) Adequate directions for use.
   (b) Such adequate warnings against use in pathological conditions
or by children where its use may be dangerous to health.
   (c) Adequate warning against unsafe dosage or methods or duration
of administration or application.
   Warnings shall be in a manner and form as are necessary for the
protection of users.
   If the department determines that any requirement of subdivision
(a), as applied to any drug or device, is not necessary for the
protection of the public health, the department may adopt regulations
exempting the drug or device from these requirements.
   Any drug or device exempted under Section 502(f) of the federal
act (21 U.S.C. Sec. 352(f)) is exempt from the requirement of this
section.  The department, however, may adopt any regulation including
a drug or device within, or excluding a drug or device from the
requirements of this section, whether or not the inclusion or
exclusion of the drug or device is in accord with the federal act.
   111380.  Any drug is misbranded if it purports to be a drug that
is recognized in an official compendium and it is not packaged and
labeled as prescribed in the official compendium.  The method of
packaging, however, may be modified with the consent of the
department.
   111385.  Any drug or device is misbranded if the department
determines that the drug or device is liable to deterioration, unless
it is packaged in that form and manner and its label bears a
statement of the precautions, as the department, by regulation, may
require as necessary for the protection of public health.  Such
regulations shall not be established for any drug or device
recognized in an official compendium, unless the department has
informed the appropriate body, charged with the revision of the
official compendium, of the need for that packaging or labeling
requirements and that body has not prescribed the requirements in a
reasonable length of time.
   111390.  Any drug or device is misbranded if its container is so
made, formed, or filled as to be misleading.
   111395.  Any drug is misbranded in any of the following cases:
   (a) It is an imitation of another drug.
   (b) It is offered for sale under the name of another drug.
   (c) The contents of the original package have been, wholly or
partly, removed and replaced with other material in the package.
   111400.  Any drug or device is misbranded if it is dangerous to
health when used in the dosage, or with the frequency or duration
prescribed, recommended, or suggested in its labeling.
   111405.  Any drug is misbranded if it is, or purports to be, or is
represented as, a drug composed wholly or partly of insulin, unless
both of the following requirements are satisfied:
   (a) It is from a batch to which a certificate or release has been
issued pursuant to Section 506 (21 U.S.C. Sec. 356) of the federal
act.
   (b) The certificate or release is in effect with respect to the
drug.
   111410.  Any drug is misbranded if it is, purports to be, or is
represented as a drug composed, wholly or partly, of any antibiotic
drug, or any derivative thereof, unless both of the following
requirements are satisfied:
   (a) It is from a batch to which a certificate or release has been
issued pursuant to Section 507 of the federal act (21 U.S.C. Sec.
357).
   (b) The certificate or release is in effect with respect to that
drug.  This section shall not, however, apply to any drug or class of
drugs exempted by regulations adopted pursuant to Section 507(c) or
507(d) of the federal act (21 U.S.C. Sec. 357(c) or 357(d)).
   111415.  Any drug is misbranded if it is a color additive,
intended for use in or on drugs for the purpose of coloring only and
its packaging and labeling fail to conform to the packaging and
labeling requirements adopted pursuant to Section 110090.
   111420.  A drug or device is misbranded if a trademark, trade
name, or other identifying mark, imprint, or device of another
person, or any likeness of the trademark, trade name, or other
identifying mark, imprint, or device of another person, has been
placed on the drug or device, or upon its container.
   111425.  A drug or device is misbranded if it was manufactured in
this state in an establishment not duly licensed as provided in this
part.
   111430.  A drug or device is misbranded if it was manufactured in
an establishment not duly registered with the Secretary of Health,
Education, and Welfare of the United States.
   111435.  Any drug is misbranded if its packaging or labeling is in
violation of an applicable regulation issued pursuant to Section
108685 or 108700.
   111440.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any drug or device that is
misbranded.
   111445.  It is unlawful for any person to misbrand any drug or
device.
   111450.  It is unlawful for any person to receive in commerce any
drug or device that is misbranded or to deliver or proffer for
delivery any drug or device.
   111455.  It is unlawful for any person to alter, mutilate,
destroy, obliterate, or remove the label or any part of the labeling
of any drug or device if the act results in the drug or device being
misbranded.
   111460.  Any drug or device intended for export shall not be
deemed to be misbranded under this part if it satisfies all of the
following requirements:
   (a) It accords to the specifications of the foreign purchaser.
   (b) It is not in conflict with the laws of the importing country.

   (c) It is labeled on the outside of the shipping package to show
that it is intended for export.
   If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
   111465.  A drug or device is deemed misbranded under the laws of
this state if it is subject to regulations issued by the United
States Food and Drug Administration relating to tamper-resistant
packaging, as set forth in Parts 200, 211, 314, and 800 of Volume 21
of the Code of Federal Regulations, as amended, but is not in
compliance therewith.
   111470.  The following drugs or devices, that are intended for use
by man, shall be sold only upon a written prescription of a
practitioner licensed by law to prescribe the drug or device, or upon
an oral prescription of the licensee that is reduced promptly to
writing and filed by the pharmacist, or by refilling the written or
oral prescription if the refilling is authorized by the prescriber
either in the original prescription or by oral order that is reduced
promptly to writing and filed by the pharmacist:
   (a) A habit forming drug to which Section 111350 applies.
   (b) A drug or device that, because of its toxicity or other
potentiality for harmful effect, or the method of its use, or the
collateral measures necessary to its use, is not safe for use except
under the supervision of a practitioner licensed by law to administer
the drug or device.
   (c) A drug or device for which adequate directions cannot be
written for persons, who are not practitioners licensed by law to
prescribe the drug or device, for safe and effective self-medication
or treatment by those persons, who are not practitioners licensed by
law to prescribe the drug or device.
   (d) A drug or device that is limited by an effective application
under Section 505 of the federal act (21 U.S.C. Sec. 355) or Section
111550 to use under the professional supervision of a practitioner
licensed by law to administer the drug or device.
   If any prescription for the drug does not indicate the number of
times it may be refilled, if any, the prescription may not be
refilled unless the pharmacist obtains a new order from the
practitioner.
   111475.  The act of selling a drug or device contrary to Section
111470 shall be deemed to be an act that results in the drug or
device being misbranded while held for sale.
   111480.  Any drug or device sold by filling or refilling a written
or oral prescription of a practitioner licensed to prescribe the
drug or device shall be exempt from the labeling requirements of
Sections 111335, 111340, 111350, 111355, 111360, 111365, 111375,
111380, 111385, 111395, 111415, and 111420, if the drug or device
bears a label displaying all the following:
   (a) Except where the prescriber orders otherwise, either the
manufacturer's trade name of the drug, or the generic name and the
name of the manufacturer.  Commonly used abbreviations may be used.
Preparations containing two or more active ingredients may be
identified by the manufacturer's trade name or the commonly used name
or the principal active ingredients.
   (b) The directions for the use of the drug or device.
   (c) The name of the patient(s).
   (d) The name of the prescriber.
   (e) The date of issue.
   (f) The name, address of the furnisher, and prescription number or
other means of identifying the prescription.
   (g) The strength of the drug or drugs dispensed.
   (h) The quantity of the drug or drugs dispensed.
   (i) The expiration date of the effectiveness of the drug or device
if the information is included on the original label of the
manufacturer of the drug or device.
   If a pharmacist dispenses a prescribed drug by means of a unit
dose medication system, as defined by administrative regulation, for
a patient in a skilled nursing, intermediate care or other health
care facility, the requirements of this section will be satisfied if
the unit dose medication
system contains the aforementioned information or the information is
otherwise readily available at the time of drug administration.
   The exemption shall not apply to any drug or device dispensed in
the course of the conduct of a business of dispensing drugs or
devices pursuant to diagnosis by mail, or to a drug or device
dispensed in violation of Section 111470.
   111485.  The department may, by regulation, remove any drug or
device subject to Sections 111350 and 111550 from the requirements of
Section 111470, when the requirements are not necessary for the
protection of the public health.  Any drug removed from the
prescription requirements of the federal act by regulations adopted
pursuant to the federal act is removed from the requirements of
Section 111470.  The department may, however, by regulation, continue
the applicability of Section 111470 for any drug or device, or make
these sections inapplicable to any drug or device, whether or not the
inclusion or exclusion of the drug or device is in accordance with
the regulations adopted pursuant to the federal act.
   111490.  A drug or device that is subject to Section 111470 is
misbranded if at any time prior to dispensing, its label fails to
bear the statement "Caution:  federal law prohibits dispensing
without prescription," or "Caution:  state law prohibits dispensing
without prescription," or "Caution:  federal law restricts this
device to sale by or on the order of a ____," the blank to be filled
in with the designation of the practitioner licensed to use or order
use of the device.  A drug or device to which Section 111470 does not
apply is misbranded if at any time prior to dispensing its label
bears the caution statement quoted in the preceding sentence.
   111495.  Nothing in this article shall be construed to relieve any
person from any requirement prescribed by or under authority of law
with respect to drugs now included or that may hereafter be included
within the classification stated in Division 10 (commencing with
Section 11000) or in the applicable federal law relating to
controlled substances.
   111500.  A physician, dentist, podiatrist, or veterinarian may
personally furnish his or her own patient with drugs as are necessary
in the treatment of the condition for which he or she attends the
patient provided that the drug is properly labeled to show all the
information required in Section 111480 except the prescription
number.
   111505.  For purposes of Section 111510, the  following
definitions shall apply:
   (a) "Distributor" means any corporation, person, or other entity,
not engaged in the manufacture of a legend drug product, who
distributes for resale and distribution a legend drug product under
the label of the corporation, person, or entity.
   (b) "Legend drug" means any controlled substance subject to the
Federal Controlled Substances Act (Title II, P.L. 91-513) or subject
to the Uniform Controlled Substances Act, Division 10 (commencing
with Section 11000), and any drug described in Section 4211 of the
Business and Professions Code or Section 111470.
   (c) "Solid dosage forms" means capsules or tablets intended for
oral administration.
   (d) "Code imprint" means a series of letters or numbers assigned
by the manufacturer or distributor to a specific drug, or marks or
monograms unique to the manufacturer, distributor, or both.  The
National Drug Code may be used as a code imprint.
   111510.  (a) No legend drug in solid dosage form may be
manufactured or distributed for sale in this state unless it is
clearly marked or imprinted with a code imprint identifying the drug
and the manufacturer or distributor of the drug.  Manufacturers or
distributors who only repack an already finished dosage form of a
legend drug shall not have the responsibility to do the imprint.
   (b) On or before July 1, 1982, manufacturers or distributors of
legend drugs, depending on whether the manufacturer's or distributor'
s code imprint will appear on the surface of the solid dosage form,
shall provide to the department a list of their legend drugs and the
intended code imprints.  The department shall  provide for the
distribution of the information required to be submitted under this
subdivision to all poison control centers in the state.
Manufacturers, distributors, and the department shall provide to any
licensed health care provider, upon request, lists of legend drugs
and code imprints provided to the department under this section, but
may charge a reasonable fee to cover copying and postage costs.
Updated lists shall be provided to the department annually or as
changes or revisions occur.
   (c) The department may grant exemptions from the requirements of
this section upon application of a manufacturer or distributor
indicating size or other characteristics that render the product
impractical for the imprinting required by this section.
   (d) A legend drug that does not meet the requirements is
misbranded.
   (e) It is the intent of the Legislature that all legend drugs
having solid dosage forms be imprinted regardless of by whom they are
distributed.
   (f) This section shall apply to all legend drugs sold in
California on or after January 1, 1983.
   (g) Pharmacists, pharmacies, and licensed wholesalers shall only
be liable for knowing and willful violations of this section, except
that no liability shall accrue if the pharmacist acts pursuant to
Section 4229.5 of the Business and Professions Code.
   (h) The provisions of subdivisions (a) to (g), inclusive, shall
not apply to any of the following:
   (1) Drugs purchased by a pharmacy, pharmacist, or licensed
wholesaler prior to January 1, 1983, and held in stock for resale.
   (2) Drugs that are the subject of an investigation pursuant to
Section 111590 or 111595.
   (3) Drugs that are manufactured by or upon the order of a
practitioner licensed by law to prescribe or administer drugs and
that are to be used solely by the patient for whom prescribed.

      Article 4.  Experimental Use of Drugs

   111515.  As used in this article, "experimental drug" means any of
the following:
   A drug intended for investigational use under Section 111595.
   111520.  No person shall prescribe or knowingly administer an
experimental drug to another person in violation of this article.
   111525.  Prior to prescribing or administering an experimental
drug, consent to the use of the drug shall be obtained in the method
and manner specified in Chapter 1.3 (commencing with Section 24170)
of Division 20.
   111530.  (a) Notwithstanding the provisions of Section 24175, if
the subject is a minor, consent shall be provided by a parent or
guardian of the subject and shall also be provided by the subject if
the subject is seven years of age or older.
   (b) Consent given pursuant to this section shall only be for the
prescribing or administering of an experimental drug that is related
to maintaining or improving the health of the subject or related to
obtaining information about a pathological condition of the subject.

   111535.  Consent given pursuant to Section 111525 may be revoked
at any time by either verbal or written communication to the
practitioner supervising the administration of the experimental drug.

   111540.  Prior to administering an experimental drug, the
experimental activity as a whole, including the consent procedures
required by Section 111525, shall be reviewed and approved by a
committee for the protection of human subjects that is acceptable, as
determined by the department.  A committee for the protection of
human subjects that operates under a general or special assurance
approved by the federal Department of Health, Education, and Welfare
pursuant to Part 46 of Title 45 of the Code of Federal Regulations
shall be an acceptable committee for purposes of this section.  A
copy of the consent procedures approved by a committee for the
protection of human subjects shall be filed with the department prior
to the commencement of the experiment.
   111545.  A person having an ownership interest in a skilled
nursing facility or intermediate care facility, as those terms are
defined in Section 1250, may not prescribe an experimental drug for a
patient in the facility.

      Article 5.  New Drugs or Devices

   111550.  No person shall sell, deliver, or give away any new drug
or new device unless it satisfies either of the following:
   (a) It is a new drug, and a new drug application has been approved
for it and that approval has not been withdrawn, terminated, or
suspended under Section 505 of the federal act (21 U.S.C. Sec. 355);
or it is a new device for which a premarket approval application has
been approved, and that approval has not been withdrawn, terminated,
or suspended under Section 515 of the federal act (21 U.S.C. Sec.
360e).
   (b) The department has approved a new drug or device application
for that new drug or new device and that approval has not been
withdrawn, terminated, or suspended.  Any person who files a new drug
or device application with the department shall submit, as part of
the application, all of the following information:
   (1) Full reports of investigations that have been made to show
whether or not the new drug or device is safe for use and whether the
new drug or device is effective in use under the conditions
prescribed, recommended, or suggested in the labeling or advertising
of the new drug or device.
   (2) A full list of the articles used as components of the new drug
or device.
   (3) A full statement of the composition of the new drug or device.

   (4) A full description of the methods used in, and the facilities
and controls used for, the manufacture, processing, and packing of
the new drug or in the case of a new device, a full statement of its
composition, properties, and construction and the principles of its
operation.
   (5) Samples of the new drug or device and of the articles used as
components of the drug or device as the department may require.
   (6) Specimens of the labeling and advertisements proposed to be
used for the new drug or device.
   111555.  Within 180 days after the filing of an application
provided for in Section 111550, or an additional period as shall be
agreed upon by the department and the applicant, the department shall
do either of the following:
   (a) Approve the application, if it finds that none of the grounds
for denying approval specified in Section 111550 apply.
   (b) Give the applicant written notice for an opportunity for a
hearing before the department on the question of whether the
application is approvable.  If the applicant elects to accept the
opportunity for hearing by written request within 30 days after the
notice, the hearing shall commence not more than 90 days after the
expiration of the 30 days unless the department and the applicant
otherwise agree.  Any such hearing shall thereafter be conducted on
an expedited basis and the department's order thereon shall be issued
within 90 days after the date fixed by the department for filing
final briefs.
   111560.  The department shall issue an order refusing to approve
an application if, after written notice to the applicant and after
giving him or her an opportunity for a hearing, the department makes
any of the following findings:
   (a) That the reports of investigation, that are required to be
submitted to the department pursuant to Section 111550, do not
include adequate tests by all methods reasonably applicable to show
whether or not the new drug or device is safe for use under the
conditions prescribed, recommended, or suggested in the proposed
labeling and advertisement of the new drug or device.
   (b) That the results of the tests submitted pursuant to Section
111550 to show whether or not the new drug or device is safe for use
under the conditions prescribed, recommended, or suggested in the
proposed labeling and advertisement of the new drug or device show
that the drug or device is unsafe for use under these conditions or
do not show that the new drug or device is safe for use under the
conditions prescribed, recommended, or suggested in the proposed
labeling and advertisement.
   (c) That the methods, facilities, and controls used in the
manufacture, processing, or packing of the new drug or device are
inadequate to preserve its identity, strength, quality, purity,
composition, or other characteristics.
   (d) That upon the basis of information submitted as part of the
application, or upon the basis of any other information before it
with respect to the new drug or device, that the department has
insufficient information to determine whether the drug or device is
safe for use under the conditions prescribed, recommended, or
suggested in the proposed labeling and advertisement.
   (e) That evaluated on the basis of the information submitted as
part of the application and any other information before it with
respect to the new drug or device, that there is a lack of
substantial evidence that the new drug or device will have the effect
it purports or is represented to have under the conditions of use
prescribed, recommended, or suggested in the proposed labeling or
advertisement of the new drug or device.
   (f) That based on an evaluation by the department of all material
facts, that the proposed labeling or advertising of the new drug or
device is false or misleading in any particular.
   111565.  An order pursuant to Section 111560 refusing approval of
a new drug application or a new device application shall be revoked
whenever the department finds that the facts justify the action.
   111570.  In the case of any new drug or device for which an
approval of an application filed pursuant to Section 111550 is in
effect, the applicant shall establish and maintain records, and make
reports to the department, of data relating to clinical experience
and other data or information, received or otherwise obtained by the
applicant with respect to the new drug or device, as the department
may by general regulation, or by order with respect to the
application, prescribe.  Any regulation or order issued pursuant to
this section or pursuant to Section 111595 shall have due regard for
the professional ethics of the medical profession and the interest of
patients and shall provide, where the department determines that it
is reasonably necessary, for the examination upon request, by the
persons to whom the regulation or order is applicable, of similar
information received or otherwise obtained by the department.  Every
person required pursuant to this section to maintain records, and
every person in charge or in custody of the records, shall, upon
request of an authorized agent of the department, permit the agent at
all reasonable time to have access to, and copy and verify, the
records.
   111575.  The department shall issue an order withdrawing approval
of an application concerning any new drug or device if, after giving
written notice to the applicant and an opportunity for a hearing, the
department makes any of the following findings:
   (a) That clinical or other experience, tests, or other scientific
data show that the new drug or device is unsafe for use under the
conditions of use upon the basis of which the application was
approved.
   (b) That new evidence of clinical experience, not contained in the
application or not available to the department until after the
application was approved, or tests by new methods, or tests by
methods not deemed reasonably applicable when the application was
approved, evaluated together with the evidence available to the
department when the application was approved, shows that the new drug
or device is not shown to be safe for use under the conditions of
use upon the basis of which the application was approved.
   (c) On the basis of new information with respect to the new drug
or device, evaluated together with the evidence available to the
department when the application was approved, that there is a lack of
substantial evidence that the new drug or device will have the
effect it purports or is represented to have, under the conditions of
use prescribed, recommended, or suggested in the labeling or
advertising of the new drug or device.
   (d) That the application contains any untrue statement of a
material fact.
   (e) That the applicant has failed to establish a system for
maintaining required records, or has repeatedly or deliberately
failed to maintain the records or to make required reports, or the
applicant has refused to permit access to, or copying or verification
of, the records.
   (f) That on the basis of new information before the department,
evaluated together with the evidence before it when the application
was approved, the methods used in, or the facilities and controls
used for, the manufacture, processing, and packing of the new drug or
device are inadequate to assure and preserve its identity, strength,
quality, purity, composition, and characteristics as determined by
qualified experts selected by the department, and were not made
adequate within a reasonable time after receipt of written notice
from the department specifying the matter complained of.
   (g) That on the basis of new information before it, evaluated
together with the evidence before it when the application was
approved, the labeling or advertisement of the new drug or device,
based on an evaluation of all material facts, is false or misleading
in any particular and is not corrected within a reasonable time after
receipt of written notice from the department specifying the matter
complained of.
   111580.  When the department finds that there is an imminent
hazard to the public health, it may suspend the approval for the
application immediately.
   111585.  An order pursuant to Section 111575 or 111580 withdrawing
approval of an application concerning any new drug or device shall
be revoked whenever the department finds that the facts justify the
action.
   111590.  Section 111550 does not apply to a drug or device
intended solely for investigational use by experts qualified by
scientific training and experience to investigate the safety and
effectiveness of drugs or devices if the investigation is conducted
in accordance with the requirements of Section 505(i) of the federal
act (21 U.S.C. Sec. 355(i)) or Section 520(g) thereof (21 U.S.C.
Secs. 352 and 360) and the regulations adopted pursuant to the
federal act.
   111595.  Section 111550 does not apply to any drug or device
intended solely for investigational use by experts qualified by
scientific training and experience to investigate the safety and
effectiveness of drugs or devices if all the following conditions are
complied with:
   (a) The submission to the department, before any clinical testing
of a drug or device is undertaken, of reports, by the manufacturer or
the sponsor of the investigation of the drug or device, of
preclinical tests including tests on animals, of the drug or device
adequate to justify the proposed clinical testing.
   (b) The manufacturer or the sponsor of the investigation of a drug
or a device proposed to be distributed to investigators for clinical
testing obtaining a signed, notarized agreement from each of the
investigators that patients to whom the drug or device is
administered will be under his or her personal supervision, or under
the supervision of investigators responsible to him or her, and that
he or she will not supply the drug or device to any other
investigator, or to clinics, for administration to human beings.
   (c) The establishment and maintenance of the records, and the
making of the reports to the department, by the manufacturer or the
sponsor of the investigation of the drug or device, of data,
including but not limited to, analytical reports by investigators,
obtained as a result of the investigational use of the drug or
device, as the department finds will enable it to evaluate the safety
and effectiveness of the drug or device in the event of the filing
of an application pursuant to Section 111550.
   (d) The manufacturer, or the sponsor of the investigation, require
experts using the drugs or devices for investigational purposes to
certify to the manufacturer or sponsor that they will comply with the
requirements of Article 4 (commencing with Section 111515).
   (e) Any other conditions as the department shall adopt as
regulations necessary for the protection of the public health.  The
federal regulations adopted pursuant to Section 505(i) of the federal
act (21 U.S.C. Sec. 355(i)) or Section 520(g) thereof (21 U.S.C.
Secs. 352 and 360) shall be the regulations for exemptions from
Section 111550 in this state.  However, the department may prescribe,
by regulation, any condition for exemption from Section 111550
whether or not the condition is in accordance with regulations
adopted under the federal act.
   111600.  (a) In making determinations on requests for approval of
AIDS-related drugs, as defined in subdivision (b), in accordance with
Section 111550, or for exemptions from these requirements, for
purposes of investigations of these drugs, pursuant to Section
111595, the department shall employ persons to conduct reviews of
requests for drug marketing approval for AIDS-related drugs, or
exemptions from the approval requirements as specified in that
section.  The AIDS Vaccine Research and Development Advisory
Committee shall review and advise the department in its actions under
this section.
   Where necessary, the department shall enter into contracts with
appropriate and qualified persons or entities for the review of these
requests, including persons with significant experience in
conducting or reviewing clinical trials of drugs or physicians with
significant experience in treating AIDS patients.
   No person may contract with the department for the review of a
request under this subdivision if the person has a financial interest
or a conflict of interest involving the drug being evaluated.
   (b) "AIDS-related drug" means either of the following:
   (1) A vaccine to protect against human immunodeficiency virus
(HIV) infection.
   (2) Antiviral agent, immune modulator, or other agent to be
administered to persons who have been infected with HIV, to
counteract the effects of this infection, or any drug to treat
opportunistic infections associated with AIDS.
   (c) The department, not later than July 1, 1988, and annually
thereafter, shall report to the Legislature on the activities
conducted pursuant to this section.
   (d) The immunities provided for in Sections 818.4 and 821.6 of the
Government Code shall apply whenever the department grants approval
pursuant to Section 111550 or an exemption from the approval
requirements pursuant to Section 111595, for an AIDS-related drug.
   111605.  (a) In making determinations on requests for approval of
AIDS-related drugs, as defined in subdivision (b), in accordance with
Section 111550, or for exemptions from these requirements, for
purposes of investigations of these drugs, pursuant to Section
111595, the department shall employ persons to conduct reviews of
requests for drug marketing approval for AIDS-related drugs, or
exemptions from the approval requirements as specified in that
section.  The AIDS Vaccine Research and Development Advisory
Committee shall review and advise the department in its actions under
this section.
   Where necessary, the department shall enter into contracts with
appropriate and qualified persons or entities for the review of these
requests, including persons with significant experience in
conducting or reviewing clinical trials of drugs or physicians with
significant experience in treating AIDS patients.
   No person may contract with the department for the review of a
request under this subdivision if the person has a financial interest
or a conflict of interest involving the drug being evaluated.
   (b) "AIDS-related drug" means either of the following:
   (1) A vaccine to protect against human immunodeficiency virus
(HIV) infection.
   (2) Antiviral agent, immune modulator, or other agent to be
administered to persons who have been infected with HIV, to
counteract the effects of this infection, or any drug to treat
opportunistic infections associated with AIDS.
   (c) The immunities provided for in Sections 818.4 and 821.6 of the
Government Code shall apply whenever the department grants approval
pursuant to Section 111550 or an exemption from the approval
requirements pursuant to Section 111595, for an AIDS-related drug.
   111610.  Section 111550 does not apply to any of the following:
   (a) A drug or device that is sold in this state, or introduced
into interstate commerce, at any time prior to the enactment of the
federal act, if its labeling and advertising contained the same
representations concerning the conditions of its use.
   (b) Any drug that is licensed under the Public Health Service Act
of July 1, 1944 (58 Stats. 682, as amended; 42 U.S.C. Sec. 201 et
seq.) or under the eighth paragraph of the heading of Bureau of
Animal Industry of the act of March 4, 1913 (37 Stat. 832-833; 21
U.S.C. Sec. 151 et seq.), commonly known as the "Virus-Serum-Toxin
Act."
   (c) Any antibiotic drug that is subject to Section 111445.

      Article 6.  Licenses

   111615.  No person shall manufacture any drug or device in this
state unless he or she has a valid license from the department.  The
license is valid for one calendar year from the date of issue, unless
it is revoked.  The license is not transferable.
   The department may require any manufacturer, wholesaler, or
importer of any prescription ophthalmic device in this state to
obtain a license.
   111620.  A separate license is required for each place of
manufacture.
   111625.  A license application shall be completed annually and
accompanied by an application fee as prescribed in Section 111630.
This fee is not refundable if the license is refused.
   111630.  The department shall by regulation establish the
application form and  set the fee for licensure and renewal of a
license.  The penalty for failure to apply for renewal of a license
within 30 days after its expiration is ten dollars ($10) and shall be
added to the renewal fee and be paid by the applicant before the
renewal license may be issued.  All moneys collected as fees shall be
expended when appropriated by the Legislature in the carrying out of
the provisions of this part and the regulations adopted pursuant to
this part.
   Any person licensed pursuant to this section shall immediately
notify the department of any change in the information reported in
the license application.
                                                        111635.
Prior to issuing or renewing a license required by Section 111615,
the department shall inspect each place of business to determine
ownership, adequacy of facilities, and personnel qualifications.
   111640.  The department shall make investigations or inspections
authorized by Article 2 (commencing with Section 110410) of Chapter 2
as it deems necessary to carry out this chapter.
   111645.  Any violation of any provision of this part or any
regulation adopted pursuant to this part shall be grounds for denying
a license or for suspending or revoking a license.  Proceedings for
the denial, suspension, or revocation of a license shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted in that chapter.
   111650.  Drug manufacturers who have obtained a license or who are
applying for a license pursuant to this article shall submit to the
California State Board of Pharmacy information as the Board of
Pharmacy deems reasonably necessary to carry out its drug
distribution responsibilities including, but not limited to,
information on drug inventories or restricted dangerous drugs.
Failure of any manufacturer to report the information to the Board of
Pharmacy in a timely fashion shall be grounds for the department to
deny, suspend, or revoke the manufacturer's license.
   The California State Board of Pharmacy may adopt regulations that
are reasonably necessary to implement this section.
   111655.  The licensing provisions of this chapter shall not apply
to any of the following:
   (a) Any pharmacy that maintains establishments in conformance with
provisions of the Pharmacy Law, Chapter 9 (commencing with Section
4000) of Division 2 of the Business and Professions Code, regulating
the practice of pharmacy, and that is regularly engaged in dispensing
prescription drugs or devices, upon prescriptions of any person
licensed to administer the drugs or devices to patients under the
care of the person in the course of his or her professional practice,
and that does not manufacture, prepare, propagate, compound, or
process drugs or devices for sale other than in the regular course of
his or her business of dispensing or selling drugs or devices at
retail.
   (b) Any pharmacy that solely engages in providing drugs or devices
to a person licensed by law to administer the drug or device for his
or her use in the course of his or her professional practice.
   (c) Any pharmacy that solely provides drugs or devices to another
pharmacy in order to meet a temporary inventory shortage.
   (d) Any person who is licensed by law to prescribe or administer
drugs or devices and who manufactures, prepares, propagates,
compounds, or processes drugs or devices solely for use in the course
of his or her professional practice.
   (e) Any person who manufactures, prepares, propagates, compounds,
or processes any drug or device solely for use in nonclinical
research, teaching, or chemical analysis and not for sale.
   (f) Any wholesaler, as defined in Section 4038 of the Business and
Professions Code.
   (g) Any such other class of persons as the department may by
regulation exempt from the application of this article upon a finding
that licensing by a class of persons in accordance with this article
is not necessary for the protection of the public health.
   (h) Any registered dispensing optician licensed pursuant to the
provisions of Chapter 5.5 (commencing with Section 2550) of Division
2 of the Business and Professions Code, who is regularly engaged in
dispensing or selling prescription lenses and frames, and not engaged
in the manufacture, preparation, processing or assembling of lenses
or frames for sale other than in the regular course of his or her
business of dispensing or selling lenses or frames at retail.

      CHAPTER 7.  COSMETICS
      Article 1.  General Provisions and Definitions

   111660.  As used in this chapter, "hair dye" does not include any
eyelash dye or eyebrow dye.
   111665.  Any color additive shall be considered unsafe for use
with respect to any cosmetic unless there is in effect a regulation
adopted pursuant to Section 110090 that prescribes its use in
cosmetics.

      Article 2.  Adulterated Cosmetics

   111670.  A cosmetic is adulterated if it bears or contains any
poisonous or deleterious substance that may render it injurious to
users under the conditions of use prescribed in the labeling or
advertisement of the cosmetic, or under conditions of use as are
customary or usual.
   111675.  Section 111670 shall not apply to coal tar hair dye, that
is conspicuously labeled as follows:
   "Caution--this product contains ingredients that may cause skin
irritation on certain individuals and a preliminary test according to
accompanying directions should first be made.  This product must not
be used for dyeing the eyelashes or eyebrows; to do so may cause
blindness."
   The labeling shall also bear adequate directions for such
preliminary testing.
   111680.  Any cosmetic is adulterated if it consists in whole or in
part of any filthy, putrid, or decomposed substance.
   111685.  Any cosmetic is adulterated if it has been produced,
prepared, packed, or held under insanitary conditions whereby it may
have become contaminated with filth, or whereby it may have been
rendered injurious to health.
   111690.  Any cosmetic is adulterated if its container is composed,
in whole or in part, of any poisonous or deleterious substance that
may render the contents injurious to health.
   111695.  Any cosmetic is adulterated if it is not a hair dye and
it is, or it bears or contains, a color additive that is unsafe
within the meaning of Section 111665.
   111700.  It is unlawful for any person to manufacture, sell,
deliver, hold, or offer for sale any cosmetic that is adulterated.
   111705.  It is unlawful for any person to adulterate any cosmetic.

   111710.  It is unlawful for any person to receive in commerce any
cosmetic that is adulterated or to deliver or proffer for delivery
any such cosmetic.
   111715.  While any regulation relating to any color additive
referred to in Section 111665 is in effect, any cosmetic that bears
or contains a color additive in accordance with these regulations
shall not be considered adulterated.
   111720.  Any cosmetic intended for export shall not be deemed to
be adulterated under this part if it satisfies all of the following
requirements:
   (a) It accords to the specifications of the foreign purchaser.
   (b) It is not in conflict with the laws of the importing country.

   (c) It is labeled on the outside of the shipping package to show
that it is intended for export.
   If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
   111725.  A cosmetic is deemed adulterated under the laws of this
state if it is subject to regulations issued by the United States
Food and Drug Administration relating to tamper-resistant packaging,
as set forth in Part 700 of Volume 21 of the Code of Federal
Regulations, as amended, but is not in compliance therewith.

      Article 3.  Misbranded Cosmetics

   111730.  Any cosmetic is misbranded if its labeling is false or
misleading in any particular.
   111735.  Any cosmetic is misbranded if its labeling or packaging
does not conform to the requirements of Chapter 4 (commencing with
Section 110290).
   111740.  Any cosmetic is misbranded if it is in package form and
it does not bear a label containing all of the following information:

   (a) The name and place of business of the manufacturer, packer, or
distributor.
   (b) An accurate statement of the quantity of the contents in terms
of weight, measure, or numerical count.
   Reasonable variations shall be permitted from the requirements of
subdivision (b) of this section.  Requirements for placement and
prominence of the information and exemptions as to small packages
shall be established by regulations adopted pursuant to Section
110380.
   111745.  A cosmetic is misbranded if any word, statement, or other
information required pursuant to this part to appear on the label or
labeling is not prominently placed upon the label or labeling with
conspicuousness, as compared with other words, statements, designs,
or devices, in the labeling, and in terms as to render it likely to
be read and understood by the ordinary individual under customary
conditions of purchase and use.
   111750.  Any cosmetic is misbranded if its container is so made,
formed, or filled as to be misleading.
   111755.  A cosmetic is misbranded if it is a color additive,
unless its packaging and labeling are in conformity with the
packaging and labeling requirements applicable to color additives
prescribed under the provisions of Section 110090.  This section does
not apply to packages of color additives that, with respect to their
use for cosmetics, are marketed and intended for use only in or on
hair dyes.
   111760.  Any cosmetic is misbranded if its packaging or labeling
is in violation of an applicable regulation issued pursuant to
Section 108685 or 108700.
   111765.  It is unlawful for any person to manufacture, or sell any
cosmetic that is misbranded.
   111770.  It is unlawful for any person to misbrand any cosmetic.

   111775.  It is unlawful for any person to receive in commerce any
cosmetic that is misbranded, or to deliver or proffer for delivery
any cosmetic.
   111780.  It is unlawful for any person to alter, mutilate,
destroy, obliterate, or remove the label or any part of the labeling
of any cosmetic if the act results in the cosmetic being misbranded,
while held for sale.
   111785.  Any cosmetic intended for export shall not be deemed to
be misbranded under this part if it satisfies all of the following
requirements:
   (a) It accords to the specifications of the foreign purchaser.
   (b) It is not in conflict with the laws of the country to which it
is intended for export.
   (c) It is labeled on the outside of the shipping package to show
that it is intended for export.
   If the article is sold or offered for sale in domestic commerce,
this section shall not exempt it from any of the provisions of this
part.
   111790.  A cosmetic is deemed misbranded under the laws of this
state if it is subject to regulations issued by the United States
Food and Drug Administration relating to tamper-resistant packaging,
as set forth in Part 700 of Volume 21 of the Code of Federal
Regulations, as amended, but is not in compliance therewith.

      Article 4.  Voluntary Registration

   111795.  (a) Any person who manufactures a cosmetic in this state
may register with the department.  Any registration issued under this
article shall be valid for one calendar year from the date of issue,
unless it is suspended or revoked.  The registration shall not be
transferable.
   (b) A separate registration shall be required for each place of
manufacture.
   111800.  A registration application form provided by the
department shall be completed annually and accompanied by an
application fee of three hundred fifty dollars ($350).  This fee
shall not be returnable if the registration is denied.  The fee
amount shall be adjusted annually pursuant to Section 100425.  All
fees collected pursuant to this section shall be deposited into the
Export Document Program Fund established by Section 110240.
   111805.  Any person registered pursuant to this article shall
immediately notify the department of any change in the information
reported in the registration application.
   111810.  (a) Prior to issuing a registration under Section 111795,
the department shall inspect each place of business to determine
ownership, adequacy of facilities, personnel qualifications, and
compliance with this part.  The department shall annually inspect
each registrant.
   (b) The department shall provide to each registrant a validated
copy of the completed registration application form, sent to the
mailing address shown on the form, as evidence of valid registration.

   111815.  The department shall make any investigations or
inspections authorized by Article 2 (commencing with Section 110410)
of Chapter 2 as it deems necessary to carry out this article.
   111820.  Any violation of this part or any regulation adopted
pursuant to this part shall be grounds for denying a registration or
for suspending or revoking a registration.  Proceedings for the
denial, suspension, or revocation of the registration shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the department shall have all the powers granted in that chapter.

      CHAPTER 8.  PENALTIES AND REMEDIES
      Article 1.  Penalties

   111825.  Any person who violates any provision of this part or any
regulation adopted pursuant to this part shall, if convicted, be
subject to imprisonment for not more than one year in the county jail
or a fine of not more than one thousand dollars ($1,000), or both
the imprisonment and fine.  If the violation is committed after a
previous conviction under this section that has become final, or if
the violation is committed with intent to defraud or mislead, the
person shall be subject to imprisonment for not more than one year in
the county jail, imprisonment in state prison, or a fine of not more
than ten thousand dollars ($10,000), or both the imprisonment and
fine.
   111830.  Upon conviction of any violation of this part, or any
regulation adopted pursuant to this part, the court may require, as a
condition of probation under Section 1203.1 of the Penal Code, that
the defendant pay to the department the reasonable costs incurred by
the department in investigating and prosecuting the action,
including, but not limited to, the costs of storage and testing.
This payment shall be in addition to any other costs that a court is
authorized to require a defendant to pay under Section 1203.1 of the
Penal Code.
   111835.  One-half of all fines collected by any court or judge for
any violation of any provision of this part shall be paid into the
State Treasury to the credit of the General Fund.
      Article 2.  Proceedings

   111840.  The Attorney General, any district attorney, or any city
attorney to whom the department reports any violation of this part
shall begin appropriate proceedings in the proper court.
   111845.  The department is not required to institute proceedings
under this part for minor violations of this part, if the department
believes that the public interest will be adequately served in the
circumstances by a suitable written notice or warning.
   111850.  When the state asserts a violation of this part, the
state need not negative any exemption or exception from the
requirements of this part in any pleading or in any trial, hearing,
or other proceeding.  The burden of proof with respect to any
exemption or exception rests upon the person claiming its benefit.
   111855.  (a) If any person violates any provision of this part, or
any regulation adopted pursuant to this part, the department may
assess a civil penalty against that person as provided by this
section.
   (b) The penalty may be in an amount not to exceed one thousand
dollars ($1,000) per day.  Each day a violation continues shall be
considered a separate violation.
   (c) If, after examination of a possible violation and the facts
surrounding that possible violation, the department concludes that a
violation has occurred, the department may issue a complaint to the
person charged with the violation.  The complaint shall allege the
acts or failures to act that constitute the basis for the violation
and the amount of the penalty.  The complaint shall be served by
personal service or by certified mail and shall inform the person so
served of the right to a hearing.
   (d) Any person served with a complaint pursuant to subdivision (c)
of this section may, within 20 days after service of the complaint,
request a hearing by filing with the department a notice of defense.
A notice of defense is deemed to have been filed within the 20-day
period if it is postmarked within the 20-day period.  If a hearing is
requested by the person, it shall be conducted within 90 days after
the receipt by the department of the notice of defense.  If no notice
of defense is filed within 20 days after service of the complaint,
the department shall issue an order setting the penalty as proposed
in the complaint unless the department and the person have entered
into a settlement agreement, in which case the department shall issue
an order setting the penalty in the amount specified in the
settlement agreement.  When the person has not filed a notice of
defense or where the department and the person have entered into a
settlement agreement, the order shall not be subject to review by any
court or agency.
   (e) Any hearing required under this section shall be conducted by
a departmental hearing officer appointed by the director.  The
department shall adopt regulations establishing a hearing process to
review complaints.  Until the department adopts these regulations,
all hearings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, except that hearings shall be conducted by a
departmental hearing officer appointed by the director.  The
department shall have all the powers granted in that chapter.
   (f) Orders setting civil penalties under this section shall become
effective and final upon issuance thereof, and payment shall be made
within 30 days of issuance.  A copy of the order shall be served by
personal service or by certified mail upon the person served with the
complaint.
   (g) Within 30 days after service of a copy of a decision issued by
the director, any person so served may file with the superior court
a petition for writ of mandate for review of the decision.  Any
person who fails to file the petition within this 30-day period may
not challenge the reasonableness or validity of the decision or order
of the director in any judicial proceeding brought to enforce the
decision or order or for other remedies.  Section 1094.5 of the Code
of Civil Procedure shall govern any proceedings conducted pursuant to
this subdivision.  In all proceedings pursuant to this subdivision,
the court shall uphold the decision of the director if the decision
is based upon substantial evidence in the whole record.  The filing
of a petition for writ of mandate shall not stay any corrective
action required pursuant to this part or the accrual of any penalties
assessed pursuant to this section.  This subdivision does not
prohibit the court from granting any appropriate relief within its
jurisdiction.
   (h) The remedies under this section are in addition to, and do not
supersede, or limit, any and all other remedies, civil or criminal.


      Article 3.  Seizure and Embargo

   111860.  Whenever an authorized agent of the department finds, or
has probable cause to believe, that any food, drug, device, or
cosmetic is adulterated, misbranded, or falsely advertised within the
meaning of this part, or the sale of any food, drug, device, or
cosmetic would be in violation of this part, that agent shall affix
to the food, drug, device, cosmetic, or component thereof, a tag or
other appropriate marking.  He or she shall give notice that the
food, drug, device, or cosmetic is, or is suspected of being,
adulterated, misbranded, falsely advertised, or the sale of which
would be in violation of this part and has been embargoed, and that
no person shall remove or dispose of the food, drug, device, or
cosmetic by sale or otherwise until permission for removal or
disposal is given by an authorized agent of the department or the
court.
   111865.  It is unlawful for any person to remove, sell, or dispose
of a detained or embargoed food, drug, device, or cosmetic without
permission of an authorized agent of the department or the court.
   111870.  When an authorized agent of the department has found that
a food, drug, device, or cosmetic that is embargoed, is not
adulterated, misbranded, falsely advertised, or the sale of which is
not otherwise in violation of this part, that agent shall remove the
tag or other marking.
   111875.  When an authorized agent of the department finds, or has
reasonable cause to believe, that the embargo will be violated, that
agent may remove the embargoed food, drug, device, or cosmetic to a
place of safekeeping.
   111880.  When a food, drug, device, or cosmetic is alleged to be
adulterated, misbranded, falsely advertised, or the sale of which is
otherwise in violation of this part, the department shall commence
proceedings in the superior court or lower court in whose
jurisdiction the food, drug, device, or cosmetic is located, for
condemnation of the article.
   111885.  If the court finds that an embargoed food, drug, device,
or cosmetic is adulterated, misbranded, falsely advertised, or the
sale of which is otherwise in violation of this part, the food, drug,
device, or cosmetic shall, after entry of the judgment, be destroyed
at the expense of the claimant or owner, under the supervision of an
authorized agent of the department.  All court costs and fees and
all reasonable costs incurred by the department in investigating and
prosecuting the action, including, but not limited to, the costs of
storage and testing, shall be taxed against the claimant or owner of
the food, drug, device, or cosmetic or his or her agent.  When the
adulteration or misbranding can be corrected by proper labeling or
processing of the food, drug, device, or cosmetic, or when the false
advertisement can be corrected and when all provisions of this part
can be complied with, then, after entry of the judgment and after
costs, fees, and expenses have been paid and a good and sufficient
bond, conditioned that the food, drug, device, or cosmetic will be
brought into compliance, the court may, by order, direct that the
food, drug, device, or cosmetic be delivered to the claimant or owner
to be brought into compliance by labeling, processing, or other
means under the supervision of an authorized agent of the department.
  The expense of the supervision shall be paid by the claimant or
owner.  The bond shall be discharged when the court finds that the
food, drug, device, or cosmetic is no longer held for sale in
violation of this part and that all of the expenses of supervision
have been paid.
   111890.  Whenever an authorized agent of the department finds any
meat, meat products, seafood, poultry, vegetable, fruit, or other
food that is unsound, or that contains any filthy, decomposed, or
putrid substance, or that may be poisonous or deleterious to health,
or otherwise unsafe, that agent may declare the food to be a nuisance
and the department, or its authorized agent, shall condemn or
destroy it, or render it unsalable as human food by
decharacterization.
   111895.  Any superior or lower court of this state may condemn any
food, drug, device, or cosmetic under provisions of this part.  In
the absence of such an order, the food, drug, device, or cosmetic may
be destroyed under the supervision of an authorized agent of the
department who has the written consent of the owner, his or her
attorney, or authorized representative.

      Article 4.  Injunctions

   111900.  The Attorney General or any district attorney, on behalf
of the department, may bring an action in superior court and the
court shall have jurisdiction upon hearing and for cause shown, to
grant a temporary or permanent injunction restraining any person from
violating any provision of this part.  Any proceeding under the
provisions of this section shall conform to the requirements of
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure, except that the department shall not be
required to allege facts necessary to show, or tending to show, lack
of adequate remedy at law, or to show, or tending to show,
irreparable damage or loss.
   111905.  In addition to the injunctive relief provided in Section
111900, or as a nonpunitive alternative to Section 111915, the court,
after finding any person has violated this part, shall award to the
department all reasonable costs incurred by the department in
investigating and prosecuting the action, including, but not limited
to, the costs of storage and testing, as determined by the court.
The award shall be paid to the department by the person found by the
court to have violated this part.
   111910.  (a) Notwithstanding the provisions of Section 111900 or
any other provision of law, any person may bring an action in
superior court pursuant to this section and the court shall have
jurisdiction upon hearing and for cause shown, to grant a temporary
or permanent injunction restraining any person from violating any
provision of Article 7 (commencing with Section 110810) of Chapter 5.
  Any proceeding under this section shall conform to the requirements
of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of
the Code of Civil Procedure, except that the person shall not be
required to allege facts necessary to show, or tending to show, lack
of adequate remedy at law, or to show, or tending to show,
irreparable damage or loss, or to show, or tending to show, unique or
special individual injury or damages.
   (b) In addition to the injunctive relief provided in subdivision
(a), the court may award to that person, organization, or entity
reasonable attorney's fees as determined by the court.
   (c) This section shall not be construed to limit or alter the
powers of the department and its authorized agents to bring an action
to enforce this chapter pursuant to Section 111900 or any other
provision of law.
   111915.  In addition to injunctive relief, the court may impose as
a civil penalty, damages in the maximum sum of one thousand dollars
($1,000) for each day the violation is continued.  Damages shall be
paid one-half to this state and one-half to the county in which the
action is brought if brought by the Attorney General, or entirely to
the county if brought by a district attorney.

      PART 6.  WHOLESALE FOOD
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES

   111940.  (a) If any person violates any provision of Chapter 4
(commencing with Section 111950), Chapter 5 (commencing with Section
112150), Chapter 6 (commencing with Section 112350), Chapter
                                   7 (commencing with Section
112500), Chapter 8 (commencing with Section 112650), Chapter 10
(commencing with Section 113025), or Article 3 (commencing with
Section 113250) of Chapter 11, or Chapter 4 (commencing with Section
108100) of Part 3, or any regulation adopted pursuant to these
provisions, the department may assess a civil penalty against that
person as provided by this section.
   (b) The penalty may be in an amount not to exceed one thousand
dollars ($1,000) per day.  Each day a violation continues shall be
considered a separate violation.
   (c) If, after examination of a possible violation and the facts
surrounding that possible violation, the department concludes that a
violation has occurred, the department may issue a complaint to the
person charged with the violation.  The complaint shall allege the
acts or failures to act that constitute the basis for the violation
and the amount of the penalty.  The complaint shall be served by
personal service or by certified mail and shall inform the person so
served of the right to a hearing.
   (d) Any person served with a complaint pursuant to subdivision (c)
of this section may, within 20 days after service of the complaint,
request a hearing by filing with the department a notice of defense.
A notice of defense is deemed to have been filed within the 20-day
period if it is postmarked within the 20-day period.  If a hearing is
requested by the person, it shall be conducted within 90 days after
the receipt by the department of the notice of defense.  If no notice
of defense is filed within 20 days after service of the complaint,
the department shall issue an order setting the penalty as proposed
in the complaint unless the department and the person have entered
into a settlement agreement, in that case the department shall issue
an order setting the penalty in the amount specified in the
settlement agreement.  When the person has not filed a notice of
defense or where the department and the person have entered into a
settlement agreement, the order shall not be subject to review by any
court or agency.
   (e) Any hearing required under this section shall be conducted by
a departmental hearing officer appointed by the director.  The
department shall adopt regulations establishing a hearing process to
review complaints.  Until the department adopts these regulations,
all hearings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, except that hearings shall be conducted by a
departmental hearing officer appointed by the director.  The
department shall have all the powers granted in that chapter.
   (f) Orders setting civil penalties under this section shall become
effective and final upon issuance thereof, and payment shall be made
within 30 days of issuance.  A copy of the order shall be served by
personal service or by certified mail upon the person served with the
complaint.
   (g) Within 30 days after service of a copy of a decision issued by
the director, any person so served may file with the superior court
a petition for writ of mandate for review of the decision.  Any
person who fails to file the petition within this 30-day period may
not challenge the reasonableness or validity of the decision or order
of the director in any judicial proceeding brought to enforce the
decision or order or for other remedies.  Section 1094.5 of the Code
of Civil Procedure shall govern any proceedings conducted pursuant to
this subdivision.  In all proceedings pursuant to this subdivision,
the court shall uphold the decision of the director if the decision
is based upon substantial evidence in the whole record.  The filing
of a petition for writ of mandate shall not stay any corrective
action required pursuant to the Miscellaneous Food, Food Facility,
and Hazardous Substances Act (Section 27) or the accrual of any
penalties assessed pursuant to this section.  This subdivision does
not prohibit the court from granting any appropriate relief within
its jurisdiction.
   (h) The remedies under this section are in addition to, and do not
supersede, or limit, any and all other remedies, civil or criminal.

   111945.  In addition to injunctive relief, the court may impose as
a civil penalty, damages up to a maximum amount of one thousand
dollars ($1,000) for each day the violation is continued.  Damages
shall be paid one-half to the State Treasury, and one-half to the
county where the action is brought.

      CHAPTER 4.  WHOLESALE FOOD PROCESSORS
      Article 1.  Food Processing Establishments

   111950.  "Food," as used in this chapter, includes all articles
used for food, drink, confectionery, or condiment, whether simple or
compound, and all substances and ingredients used in the preparation
thereof.
   111955.  "Food processing establishment," as used in this chapter,
shall mean any room, building or place or portion thereof,
maintained, used or operated for the purpose of commercially storing,
packaging, making, cooking, mixing, processing, bottling, canning,
packing, slaughtering or otherwise preparing or handling food except
restaurants.
   111960.  Every food processing establishment shall be properly
lighted, drained, plumbed, and ventilated; and shall be conducted
with strict regard to the influence of lighting, drainage, plumbing,
and ventilation upon the health of persons therein employed, and upon
the purity and wholesomeness of the food therein produced, prepared
for sale, manufactured, packed, stored, kept, handled, sold, or
distributed.
   111965.  The floors, side walls, ceiling, furniture, receptacles,
utensils, implements, and machinery of every food processing
establishment shall at no time be kept in an unclean, unhealthful, or
unsanitary condition.
   Any of the following is deemed to be "an unclean, unhealthful, or
unsanitary condition":
   (a) If food in the process of manufacture, preparation, packing,
storing, sale, or distribution is not securely protected from flies,
dust, or dirt, and from all other foreign or injurious contamination.

   (b) If refuse, dirt, and waste products subject to decomposition
and fermentation incident to the manufacture, preparation, packing,
storing, selling, and distributing of food, are not removed daily.
   (c) If all trucks, trays, boxes, baskets, buckets, other
receptacles, chutes, platforms, racks, tables, shelves, knives, saws,
cleavers, and all other utensils, receptacles, and machinery used in
moving, handling, cutting, chopping, mixing, canning, and all other
processes employed in the preparation of food are not thoroughly
cleaned daily.
   (d) If the clothing of employees is unclean or if they dress,
undress, or leave or store their clothing in the place where the food
is produced, prepared, manufactured, packed, sold or distributed.
   111970.  No live animal or fowl shall be kept or allowed in any
establishment where food is prepared, manufactured, kept, stored,
offered for sale or sold unless the establishment is exclusively
devoted to the slaughter, processing and/or sale of the animal or
fowl.  This section does not apply to dogs used by uniformed
employees of private patrol operators and operators of a private
patrol service who are licensed pursuant to Chapter 11.5 (commencing
with Section 7580) of Division 3 of the Business and Professions
Code, while those employees are acting within the course and scope of
their employment as private patrolmen.
   The state department may adopt regulations as it determines are
reasonably necessary under this section for the protection of the
public health and safety.
   111975.  The side walls and ceilings of every bakery,
confectionery, hotel, or restaurant kitchen shall be well plastered
or ceiled with metal or lumber, or shall be oil painted or kept well
lime washed, or otherwise kept in a good sanitary condition.
   111980.  All interior woodwork of every bakery, confectionery,
hotel, or restaurant kitchen shall be kept well oiled or painted with
oil paint, and shall be kept washed clean with soap and water, or
otherwise kept in a good sanitary condition.
   111985.  Every building, room, basement, or cellar occupied or
used for the preparation, manufacture, packing, storage, sale, or
distribution of food shall have an impermeable floor, made of cement,
or of tile laid in cement, brick, wood, or other suitable,
nonabsorbent material that can be flushed and washed clean with
water.
   111990.  Where practicable, the doors, windows, and other openings
of every food producing or distributing establishment shall be
fitted with stationary or self-closing screen doors and wire window
screens, of not coarser than 14 mesh wire gauze.
   111995.  Every building, room, basement, or cellar occupied or
used for the production, preparation, manufacture, packing, canning,
sale, or distribution of food shall have convenient toilet or
toilet-rooms, separate and apart from the room or rooms where the
process of production, preparation, manufacture, packing, canning,
selling, or distributing is conducted.
   112000.  The floors of toilet-rooms shall be made of cement, or of
tile laid in cement, wood, brick, or other nonabsorbent material,
and shall be washed and scoured daily.
   112005.  The toilets shall be furnished with separate ventilating
pipes or flues discharging either into soil pipes or on the outside
of the building in which they are situated.
   112010.  Lavatories and washrooms shall be adjacent to
toilet-rooms and shall be supplied with soap, running water, and
towels, and shall be maintained in a clean and sanitary condition.
   112015.  Employees and others who handle the material from which
food is prepared or the finished product shall before beginning work
and immediately after visiting a toilet or lavatory, wash their hands
and arms thoroughly in clean water.
   112020.  No employee or other person shall sit or lie upon any
table, bench, trough, shelf, or other equipment that is intended for
use in connection with any food manufacturing process.
   112025.  No employee or other person shall expectorate or
discharge any substance from his or her nose or mouth on the floor or
interior side wall of any building, room basement, or cellar where
the production, preparation, manufacture, packing, storing, or sale
of any food is conducted.
   112030.  No person shall, nor shall any person be allowed to,
reside or sleep in any room of a bake-shop, public diningroom, hotel
or restaurant kitchen, confectionery, or other place where food is
prepared, produced, manufactured, served, or sold.
   112035.  No employer shall require or permit any person to work,
in a food processing establishment or vehicle used for the
production, preparation, manufacture, sale, or transportation of food
if the person is infected with any contagious, infectious, or
communicable disease that can be transmitted by the food involved.
   112040.  The department, its inspectors and agents, and all local
health officers and inspectors may at all times enter any building,
room, basement, cellar, or other place occupied or used, or suspected
of being occupied or used, for the production, preparation,
manufacture, storage, sale, or distribution of food, and inspect the
premises and all utensils, implements, receptacles, fixtures,
furniture, and machinery used.
   112045.  If upon inspection any building, room, basement, cellar,
or other place, or any vehicle, employer, employee, or other person
is found to be in violation of or violating any of the provisions of
this article, or if the production, preparation, manufacture,
packing, storing, sale, or distribution of food is being conducted in
a manner detrimental to the health of the employees or to the
character or quality of the food being produced, prepared,
manufactured, packed, stored, sold, distributed, or conveyed, the
person making the inspection shall at once make a written report of
the violation to the district attorney of the county, who shall
prosecute the violator.  He or she shall make a like report to the
department.  The department, from time to time, may publish the
reports in its monthly bulletin.
   112050.  Every building, room, basement, cellar, or other place or
thing kept, maintained, or operated in violation of this article,
and all food produced, prepared, manufactured, packed, stored, kept,
sold, distributed, or transported in violation of this article, is a
public nuisance dangerous to health.  Any such nuisance may be abated
or enjoined in an action brought for that purpose by the local or
state department or may be summarily abated in the manner provided by
law for the summary abatement of public nuisances dangerous to
health.
   112055.  The sections contained in this article are to be known as
the California Food Sanitation Act.

      Article 2.  Food Containers

   112060.  "Bottle," as employed in this article, includes any
bottle or any glass or crockery food container, other than one not
previously used, that is used or sold for use in the manufacture,
production, preparation, compounding, blending, or packing for sale
of any food, drug, or liquor.
   112065.  This article is not applicable to containers subject to
Division 15 (commencing with Section 32501) of the Food and
Agricultural Code.
   112070.  The provisions of this article in reference to
sterilization procedures and methods in cleaning bottles, as in this
article defined, shall apply to all persons cleaning previously used
bottles who are engaged in the business of packaging food, drugs, or
liquors and to all persons maintaining a place of business for the
cleaning and resale of the bottles sold for and to be used for
packing a food, drug or liquor.
   The sale for use of any such bottle by any person not licensed by
the board as herein provided, when the use intended by purchaser is
to package for sale a food, drug or liquor produced or packaged by
the purchaser is unlawful, except in the case of a sale to a
purchaser for export out of this state or who is engaged in the
business of packaging food, drugs, or liquors at a fixed place of
business in this state and is equipped to cleanse and sterilize
bottles as in this article provided.
   112075.  The department shall issue a license to an applicant
therefor upon the receipt of the evidence as the department may
require showing that the applicant is properly equipped for the
cleansing and sterilization of bottles as provided in this article,
or at its option upon the recommendation of a city, county or city
and county health officer.  This license is nontransferable.
   The license provisions of this article shall not apply to food,
drug or liquor manufacturers or packers who buy bottles for their own
use and purposes, but do apply to any other person, firm or
corporation engaged in the business of cleaning, sterilizing and
reselling bottles to manufacturers or packers except as hereinabove
provided.
   112080.  An establishment is deemed properly equipped for the
cleansing and sterilization of bottles if it maintains and employs
the following standards:
   (a) Cleanses and sterilizes bottles by first soaking them in a hot
caustic solution of not less than 120 degrees F. for a period of not
less than five minutes which temperature shall be indicated by a
thermometer.  The solution shall contain not less than 21/2 percent
of caustic soda expressed in terms of sodium hydrates.
   (b) Changes the cleansing solution frequently so as to prevent its
becoming foul and insanitary.
   (c) Thoroughly rinses the bottles after the soaking.
   112085.  All bottles shall be cleansed and sterilized as specified
in Section 112080, and shall be kept free from rust or
contamination.
   112090.  A licensee shall issue a certificate of sterilization
with each shipment of bottles to a purchaser, stating that the
licensee has cleansed and sterilized the bottles in the manner
required by this article.
   112095.  If any licensee fails to maintain his or her equipment
and to cleanse or sterilize any bottle in the manner required by this
article, and issues a certificate knowing its contents to be untrue
the state department may revoke or suspend his or her license after a
hearing.  The proceedings for the revocation or suspension of a
license shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the state department shall have all the powers
granted therein.
   112100.  Any purchaser of a bottle who shows a certificate of
sterilization signed by a licensed seller thereof complies
sufficiently with this article.
   112105.  Nothing in this article prohibits the sale for use of any
uncleansed or unsterilized bottle to a purchaser who is licensed
under this article.
   112110.  Food containers manufactured from second-hand tin plate
and intended for the packing of hermetically sealed canned food
products intended to be used for human consumption shall not be so
used unless the tin plate from which they are manufactured has, prior
to their manufacture, been cleansed and sterilized by thorough
immersion in boiling water, and then dried on hot rolls or by the use
of heated air.
   The board may inspect any place where the containers are
manufactured for the purpose of enforcing this section.
   112115.  The provisions of this article with the exception of the
licensing provisions may be enforced by any local enforcement
division, which shall be construed to mean the local health
department, headed by the duly appointed, qualified and acting health
officer of any county, city or city and county.  The territory may
include one or more counties, cities, or cities and counties.
   112120.  A nonalcoholic soft drink, whether or not carbonated,
shall be deemed to be misbranded if in a bottle or other closed
container unless the name and address of the bottler or distributor
thereof appears on the container by being molded, printed, or
otherwise labeled thereon, or the name and address is shown on the
crown or cap of the container if the container is a permanently and
distinctively branded bottle.  The beverage shall not be deemed to be
misbranded under this section if in a bottle or other closed
container on which is molded, printed or otherwise labeled the
product name, trademark or brand of the distributor or bottler
thereof and if a sworn affidavit has been filed with the department
stating the name, trademark, or brand of the beverage, a full and
complete description of each territory or area of the state in which
the beverage is to be distributed, and the names and addresses of the
persons as are responsible for the Miscellaneous Food, Food
Facility, and Hazardous Substances Act (Section 27) in the bottling
and distribution of the beverage in each territory or area of the
state in which the beverage is distributed.  Nothing in this section
shall be deemed to exempt any bottler or distributor of a beverage or
beverages from any provision of Part 5 (commencing with Section
109875).

      Article 3.  Closed Containers

   112125.  Except when sold in bulk for manufacturing purposes, it
is unlawful to sell or otherwise dispose of at retail jams, jellies,
preserves, marmalades, peanut butter, horse-radish, mayonnaise, or
salad dressings other than in closed containers approved by the
department, when the department determines that any other method of
sale or disposition of any such food or food product is conducive to
its contamination by flies, insects, dust, dirt, or foreign material
of any kind whatsoever.

      Article 4.  Violations

   112130.  Any person, whether as principal or agent, employer or
employee, who violates any of the provisions of this chapter is
guilty of a misdemeanor punishable upon conviction by a fine of not
more than one thousand dollars ($1,000), or by imprisonment in the
county jail for not more than six months, or by both the fine and
imprisonment.  Each day's violation is a separate and distinct
offense.

      CHAPTER 5.  SANITARY CONTROL OF SHELLFISH
      Article 1.  Declaration of Policy and Definitions

   112150.  The Legislature finds and declares that the public health
interest requires that the people of this state be protected from
adulterated shellfish grown and harvested in state waters for sale to
the public and for introduction into interstate commerce.  This
protection is a matter of statewide concern and the purpose of this
chapter is to establish uniform sanitation standards for the growing
waters, harvesting, shucking, packing, repacking, and handling of
shellfish and shellstock intended for human consumption.
   112155.  Unless the context otherwise requires, the definitions
set forth in this article govern the construction of this chapter.
   (a) "Shellfish" means native or nonnative bivalve mollusks, which
include oysters, rock scallops, clams, and mussels, either fresh or
frozen, and either shucked or in the shell.
   (b) "Shellstock" means shellfish which remain in their shells.
   (c) "Growing area" means any offshore ocean, coastal estuarine, or
freshwater area that may be classified by the department for natural
shellfish growth or artificial shellfish propagation and includes
open seawater systems.
   (d) "Approved area" means a shellfish-growing area not adversely
affected by sewage or other wastes.
   (e) "Conditionally approved area" means a shellfish-growing area
that may be occasionally affected by sewage or other wastes.
   (f) "Prohibited area" means a shellfish-growing area not certified
because of its proximity to a waste discharge or because the area is
influenced by other detrimental environmental factors.
   (g) "Restricted area" means a shellfish-growing area subjected to
a limited degree of pollution which makes it unsafe to harvest
shellfish for direct marketing but where harvesting for relaying or
depuration may be permitted.
   (h) "Other wastes" means wastes, such as, but not limited to,
animal, industrial, radiological, and agricultural wastes which would
render shellfish unsafe or unfit for human consumption.
   (i) "Department" means the State Department of Health Services.
   (j) "Director" means the State Director of Health Services.
   (k) "Person" includes any individual, partnership, corporation,
limited liability company, and association.
   (l) "Closed area" means an area that the shellfish taken therefrom
have been declared to be unsafe or unfit for human consumption.

      Article 2.  General Requirements

   112160.  (a) The director may declare any area within the
jurisdiction of this state to be a closed area if it is determined
that shellfish taken from the growing area may be unsafe or unfit for
human consumption.
   (b) The director shall close to the taking of shellfish for a
period deemed advisable any waters to which shellfish from a closed
area may have been transferred.
   (c) The director shall establish by order the areas that he or she
declares unsafe or unfit for shellfish harvesting and shall modify
or revoke the order in accordance with the results of chemical,
toxicologic, and bacteriological surveys conducted by the department.
  The director shall file the order in the office of the department,
and shall furnish copies of the orders describing closed areas to the
Department of Fish and Game, the State Water Resources Control
Board, and to any interested person without charge.
   (d) Prior to the director's declaration that shellfish-growing
waters may be unsafe and shellfish grown in these waters may not be
taken for human consumption, the department shall do all of the
following:
   (1) Give at least 20 days' notice of its intended action.  The
notice shall include a statement of either the terms or substance of
the intended action or a description of the subject and issues
involved, and the time when, the place where, and the manner in
which, interested persons may present their views thereon.
   (2) Afford all interested persons reasonable opportunity to submit
data, views, or arguments orally or in writing.  The department
shall consider fully all written and oral submissions respecting the
proposed action.
   (e) If the department finds that the shellfish harvested from an
area is unsafe or unfit for human consumption and states in writing
its reasons for that finding, it may proceed without prior notice or
hearing to take emergency action.  The action may be effective for a
period of not longer than 30 days, during which time the department
shall initiate the procedures contained in subdivision (d).
   112165.  (a) The department shall adopt regulations regarding all
of the following:
   (1) The classification and minimum requirements for growing and
harvesting areas, for relaying and depuration procedures, and for
aquaculture facilities that are used for the cultivation and
production of shellfish.
   (2) Specifications for plant facilities and for the harvesting,
transporting, storing, handling, packing, and repacking of shellfish.

   (3) Fees.
   (b) The department may adopt any regulations that it determines
are necessary to interpret and enforce the provisions of this
chapter.  The regulations shall be adopted by the department in the
manner prescribed by Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
   (c) The regulations shall conform, so far as possible, to the
standards that are adopted by the National Shellfish Sanitation
Program that pertain to the evaluation of shellfish-growing areas and
handling facilities, but shall provide for regulating other wastes
or contaminants not covered by the National Shellfish Sanitation
Program that would render shellfish unsafe or unfit for human
consumption.
   112170.  (a) The director, or the director's duly authorized
agent, shall conduct sanitary surveys of any shellfish growing water
as deemed necessary to assure each of the following:
   (1) Any shellfish grown in the water is safe as an article of food
and meets bacteriological, chemical, and toxicologic standards as
prescribed by regulation.
   (2) Any shellfish grown in prohibited or restricted areas is
either relayed to or depurated in approved water for a period of time
as necessary to meet bacteriological, chemical, and toxicologic
standards, as prescribed by regulation.
   (3) For good cause shown, a shellfish grower or harvester may
request the resurvey of restricted or unapproved growing water, and
the director, or the director's duly authorized agent, shall conduct
the sanitary resurvey.
   (b) If it is found that the shellfish and growing water are in
compliance with the regulations promulgated under this chapter, the
                                         director shall issue a
certificate attesting to the compliance to the lawful grower or
harvester of the shellfish.
   112175.  It is unlawful for any person to engage in commercial
shellfish cultivation or the harvesting for human consumption of
shellfish from naturally occurring populations, except as provided
for in Sections 5670, 7850, 8500, and 15101 of the Fish and Game Code
and in regulations adopted by the department pursuant to this
chapter, with regard to growing areas, relaying and depuration
procedures, and aquaculture facilities.
   112180.  The director, or the director's duly authorized agent,
may, at any reasonable hour of the day, do any of the following:
   (a) Enter and inspect any facility or area used for cultivation,
production, depuration, processing, transporting, or sale of
shellfish.
   (b) Obtain samples of water and shellfish.  Upon request, split
samples shall be given to the person from whose property the samples
were obtained.
   (c) Inspect all shellfish plants and the practices followed in the
handling and packaging of shellfish.  If it is found that the
operator is complying with the regulations promulgated under this
chapter, the director shall issue a certificate attesting to the
compliance.
   (d) Cause a reinspection to be made at any time and may revoke the
certificate upon refusal of the operator to permit an inspection or
free access at all reasonable hours, or upon a finding that the plant
is not being operated in compliance with the regulations promulgated
under this chapter.
   (e) No revocation, suspension, annulment, or withdrawal of any
certificate is lawful unless, prior to the institution of department
proceedings, the department gave notice by mail, to the certificate
holder, of facts or conduct that warrants the intended action, and
the certificate holder was given an opportunity to show compliance
with all lawful requirements for the retention of the certificate,
pursuant to Section 112265.  This section does not preclude the
department from taking immediate action in accordance with
subdivision (e) of Section 112160.
   112185.  It is unlawful for any person to take, sell, offer, or
hold for sale any shellfish from an area declared by the director to
be unsuitable for harvesting for human consumption, without complying
with all regulations adopted by the department to ensure that the
shellfish have been purified.
   The intent of this section is not to prohibit the transplanting of
shellfish from restricted or prohibited growing areas, if permission
for the transplanting is first obtained from the Department of Fish
and Game pursuant to Section 237 of Title 14 of the California Code
of Regulations.
   112190.  It is unlawful for any person to sell, offer, or hold for
sale any shellstock or shucked shellfish that has not been harvested
from a growing area which has been certified by the department or
that has not been purified in accordance with Section 112170.
   112195.  It is unlawful for any person to sell, offer, or hold for
sale any shellstock or shucked shellfish that has not been handled
and packaged in accordance with specifications under this chapter,
and regulations adopted pursuant to this chapter.
   112200.  It is unlawful for any person to sell, offer, or hold for
sale any shellfish where the facilities for packaging and handling
of the shellfish do not comply with regulations adopted by the
department under this chapter.
   112205.  It is unlawful for any person to operate a shellfish
plant engaged in the handling and packaging of shellfish, either
shucked or in the shell, without a valid certificate issued by the
department for each plant or place of business.
   112210.  It is unlawful for any person to sell, offer, or hold for
sale any shellstock or shucked shellfish without a label that bears
a valid certificate number and is in compliance with Chapter 4
(commencing with Section 110290) of Part 5.
   112215.  It is unlawful for any person to sell, offer, or hold for
sale any shellfish not in a container bearing a valid certificate
number from a state or a nation whose shellfish certification program
conforms to the then current Manual of Recommended Practice for
Sanitary Control of the Shellfish Industry, issued by the United
States Public Health Service.
   112220.  The provisions of Sections 112210 and 112215, with
respect to labeling requirements, shall not apply to any of the
following:
   (a) Shellstock held in dry storage under refrigerated conditions
not for shipment or sale.
   (b) Shellstock sold on premises when the sale is the ultimate
point of sale.
   112225.  Any shellfish that are held or offered for sale at retail
or for human consumption, and that have not been handled and
packaged in accordance with the specifications fixed by the
department under this chapter, or that are not in a certified
container as provided in Sections 112210 and 112215, or that are
otherwise found by the director to be unfit for human consumption,
are subject to immediate condemnation, seizure, and confiscation by
the director or the director's duly authorized agent.  The shellfish
shall be held, destroyed, or otherwise disposed of as directed by the
director.
   112230.  The director may suspend or revoke any certificate issued
pursuant to this chapter for any violation of this chapter or the
regulations adopted pursuant thereto.

      Article 3.  Fees

   112235.  The department shall charge and collect a fee for each
certificate issued.  The amount of the fee shall be established by
regulation.

      Article 4.  Penalties

   112240.  Any person who willfully violates any provision of this
chapter, or any regulation adopted pursuant to this chapter, is
guilty of a misdemeanor and shall, if convicted, be subject to
imprisonment for not more than six months in the county jail or a
fine of not less than one hundred dollars ($100) nor more than five
hundred dollars ($500), or both.  If the violation is committed after
a previous conviction under this section that has become final, or
if the violation is committed with the intent to defraud or mislead,
the person shall be subject to imprisonment for not more than one
year in the county jail or a fine of not more than one thousand
dollars ($1,000), or both.
   112245.  One-half of all fines collected by any court or judge for
any violation of any provision of this chapter shall be paid into
the State Treasury to the credit of the General Fund.

      Article 5.  Proceedings

   112250.  (a) The Attorney General, any district attorney, or any
city attorney to whom the department reports any violation of this
chapter shall begin appropriate proceedings in the proper court.
   (b) Before any alleged violation of this chapter is reported to
the Attorney General, a district attorney, or a city attorney for the
institution of a criminal proceeding, the person against whom this
proceeding is contemplated may be given appropriate notice and an
opportunity to show cause why he or she should not be prosecuted and
to present additional facts that may mitigate the action.  The
showing may be presented either orally or in writing, in person, or
by attorney.
   112255.  The department is not required to institute proceedings
under this chapter for minor violations of this chapter, if the
department believes that the public interest will be adequately
served in the circumstances by a suitable written notice or warning.

   112260.  When the state asserts a violation of this chapter, the
state need not negate any exemption or exception from the
requirements of this chapter in any  pleading, or in any trial,
hearing, or other proceeding.  The burden of proof with respect to
any exemption or exception rests upon the person claiming its
benefits.
   112265.  (a) Except to the extent otherwise provided in Section
112160 and subdivision (e) of Section 112180, or when a violation is
asserted pursuant to Section 112240, when the department asserts a
violation of this chapter, all affected persons shall be afforded an
opportunity for an administrative hearing after 20 days notice.
   (b) The notice shall include all of the following:
   (1) A statement of the time, place, and nature of the hearing.
   (2) A statement of the legal authority and jurisdiction under
which the hearing is to be held.
   (3) A reference to the particular sections of the statutes,
regulations, and rules involved.
   (4) A short and plain statement of the matters asserted.
   (c) Opportunity shall be afforded all persons to respond and
present evidence on the issues involved.
   (d) Hearings authorized or required by this chapter shall be
conducted by the department or any agent as the department may
designate for that purpose.
   (e) Oral proceedings or any part thereof shall be transcribed at
the request of any person.  The person requesting the transcription
shall bear the cost of the transcript.
   (f) Final decisions or orders adverse to any person shall be in
writing or stated in the record.  A final decision shall include
findings of fact and conclusions of law, that shall be separately
stated.  Persons shall be notified either personally or by mail of
any decision or order.
   112270.  In lieu of administrative proceedings pursuant to Section
112265, the department may proceed under Section 119940.
   112275.  A person who has exhausted all administrative remedies
available within the department and who is aggrieved by a final
decision or order is entitled to judicial review pursuant to this
chapter.
   112280.  All regulations applicable to this chapter, and currently
in effect at the time this chapter takes effect, shall remain in
effect until the department adopts regulations pursuant to Section
112165.

      CHAPTER 6.  COLD STORAGE
      Article 1.  Definitions and General Provisions

   112350.  Unless the context otherwise requires, the definitions
set forth in this article govern the construction of this chapter.
   112355.  "Cold storage" means a place artificially refrigerated to
a temperature above zero of 45 degrees Fahrenheit or below.  It does
not include any place where food that is privately owned and not
held for resale is stored inside of lockers or compartments that are
not more than 25 cubic feet in capacity, and which lockers or
compartments are leased to private individuals for their exclusive
use.
   112360.  "Cold stored" means the keeping of articles of food in
cold storage for a period exceeding ten days.
   112365.  "Article of food" means any article of food used for
human consumption.  It includes fresh meat and fresh meat products
(except in process of manufacture), fresh and dried fruit or
vegetables, fish, shellfish, game, poultry, eggs, butter, and cheese,
but not malt beverages.
   112370.  "Storer" means a person who offers articles of food for
cold storage.
   112375.  This chapter does not apply to any cold storage or
refrigerating plant or warehouse that is maintained or operated by a
restaurant, hotel, exclusively wholesale or retail establishment,
cannery, winery, brewery, or other food processing place that is used
for the storage of food and which place is owned by or is for the
exclusive use of the occupant owner or maintainer thereof, and said
food is not stored for other persons.
   112380.  The term "locker plant" as used in this chapter shall
mean any building or portion thereof that is artificially cooled to
or below a temperature above zero of 45 degrees Fahrenheit and used
exclusively for the storage of any article of food for the sole use
of the storer, and that article or articles of food are not for
resale.
   If any article or articles of food stored in locker plants are for
resale and/or to be used for manufacturing purposes, said locker
plant is subject to the license provisions of this chapter and all
sections thereof.

      Article 2.  Licenses

   112385.  Any person desiring to operate a cold storage or
refrigerating warehouse for storing articles of food shall make
application in writing to the board for a license for that purpose,
stating the location of his or her plant or plants.  For the purpose
of securing the proper enforcement of this chapter, those buildings
or structures that are served by a central refrigerating plant shall
be considered as one cold storage or refrigerating warehouse or
plant, and subject to one license.
   112390.  On receipt of the application the board shall examine
into the sanitary condition of the plant.
   112395.  If it finds the plant to be in a sanitary condition and
otherwise properly equipped for the business of cold storage, the
state department, upon the payment of the license fee specified in
this chapter, shall issue a license authorizing the applicant to
operate a cold storage or refrigerating warehouse for a period of not
more than one year.
   112400.  No person, firm, or corporation shall engage in the
operation of a cold storage or refrigerating warehouse for storing
articles of food without having obtained from the state department a
license for each such place of business.  This license is
nontransferable.
   112405.  Each application for a license under this chapter shall
be accompanied by a fee of fifty dollars ($50).  Each license issued
under this chapter shall expire on December 31st of each calendar
year.  License fees of fifty dollars ($50) are due on the first of
January of each year.  The fee for licenses initially issued after
January 1st of each year shall not be prorated.
   112410.  The director shall keep a full and correct account of all
fees received under this chapter.  At least once each month he or
she shall deposit all the fees with the Treasurer for credit to the
General Fund.

      Article 3.  Licensee Regulations

   112415.  If any place or portion of a place for which a license is
issued is deemed by the department to be in an unsanitary condition,
the department shall give written notification to the licensee of
the condition, stating in particular the matters found to be
unsanitary.
   112420.  Upon failure of the licensee to correct the situation
within a designated time the department shall prohibit the licensee
from using the place or specified portion until such time as it is
restored to a sanitary condition.
   112425.  Every licensee shall keep an accurate record of receipts
and withdrawals of articles of food, and the department shall have
free access to these records at any time.
   112430.  When requested by the department or an agent thereof, any
licensee shall within a reasonable time submit a report setting
forth in itemized particulars the quantity of food products held by
him or her in cold storage.

      Article 4.  General Regulations

   112435.  No storer shall place in cold storage any article of food
whose keeping qualities have been impaired by disease, taint, or
deterioration, or that has not been slaughtered, handled, and
prepared for storage in accordance with food laws pertaining thereto
and the regulations as may be prescribed by the state department for
the sanitary preparation of food products for cold storage.
   112440.  Any article of food intended for use other than human
consumption shall, before being cold stored, be marked by the owner
in accordance with forms prescribed by the department in a way as to
indicate plainly that the article is not to be sold for human food.

   112445.  Each separate lot of food, when deposited in cold
storage, shall be marked plainly with the lot number covering that
particular lot of articles of food indicated and recorded on the
records maintained on the premises.
   112450.  The department shall inspect and supervise all cold
storage or refrigerating warehouses, and make the inspection of the
entry of articles of food therein as it deems necessary to secure the
proper enforcement of this chapter.
   112455.  The department and its duly authorized employees shall be
permitted access to cold storage or refrigerating warehouses at all
reasonable times for purposes of inspection and enforcing this
chapter.
   112460.  The department may also appoint at the salary as it may
designate, any person it deems qualified to make any inspection
required by this chapter.
   112465.  No person shall keep any article of food in cold storage
for more than twelve calendar months, except with the consent of the
board.  Thirty days prior to the expiration of the 12-month period,
the licensee shall send notice to the board advising them of this
fact.  Duplicate notice shall be sent to the owner of the food.
   112470.  The department shall, upon application, grant permission
to extend the period of storage beyond 12 months for a particular
consignment of goods, if the goods in question are found, upon
examination, to be in proper condition for further storage at the end
of 12 months.  The length of time for which further storage is
allowed shall be specified in the order granting the permission.
   112475.  For the purpose of determining whether or not food locker
plants come under the provisions of this chapter, the operators or
owners of all such frozen food locker plants shall make available,
upon request to any agent of the department, the names and addresses
of any and all persons, firms, or corporations renting, leasing, or
occupying the lockers or compartments.
   112480.  Unless otherwise permitted by this article, it is
unlawful to represent or advertise as fresh goods articles of food
that have been placed in cold storage.  This section shall not apply
to vegetables, fruit or other foods sold as "fresh frozen" and so
labeled, when stored at or below zero degrees Fahrenheit, or to eggs
held in cold storage for 30 days or less.
   112485.  It is unlawful to return to cold storage any article of
food that has once been released from such storage and placed on the
market for sale to consumers.  However, nothing in this section
prevents the transfer of goods from one cold storage or refrigerating
warehouse to another, if the transfer is not made for the purpose of
evading any provision of this chapter.
   112490.  The department may make regulations to secure the proper
enforcement of this chapter, including regulations with respect to
the sanitary preparation of articles of food for cold storage, the
use of marks, tags, or labels, and the display of signs.

      Article 5.  Violations

   112495.  Any person violating any of the provisions of this
chapter, or any rule or regulation issued pursuant to this chapter,
shall upon conviction be punished for the first offense by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment for not
more than 90 days, or by both.  The punishment for a second offense
is the same, except that the maximum fine is two thousand dollars
($2,000).

      CHAPTER 7.  FROZEN FOODS

   112500.  When used in this chapter, unless the context otherwise
requires:
   (a) "Food" means any article used by man for food, drink,
confectionery or condiment, or which enters into the composition
thereof, whether simple, blended, mixed or compounded.
   (b) "Locker" means the individual sections or compartments of a
capacity of not to exceed 25 cubic feet in the locker room of a
frozen food locker plant.
   (c) "Frozen food locker plant" means an establishment in which
space in the individual lockers is rented, leased, or loaned to
individuals, firms, or corporations, for the storage of food for
their own use and which is artificially cooled for the purpose of
preserving the food.  The term includes service locker plant, storage
locker plant, and branch locker plant.
   (d) "Service locker plant" means a frozen food locker plant in
which patrons' foods are prepared or packaged by the operator of the
plant before the foods are placed in the lockers for storage.
   (e) "Storage locker plant" means a frozen food locker plant, the
operator of which does not prepare or package the foods of patrons.
   (f) "Branch locker plant" means a frozen food locker plant in any
location or establishment artificially cooled in which space in
individual lockers is rented, leased, or loaned to individuals,
firms, or corporations for the storage of food for their own use
after preparation for storage in a central or parent plant.
   (g) "Frozen" means food frozen in a room or compartment in which
the temperature is plus 5 degrees Fahrenheit or lower.
   (h) "Temperature" means the average air temperature in
refrigerated rooms.
   (i) "Department" means the State Department of Health Services.
   (j) "Operator" means any person, firm or corporation operating or
maintaining a frozen food locker plant.
   (k) "Processor" means an establishment in which, for compensation
directly or indirectly, meat or meat products are cut, wrapped, or
frozen to be delivered for frozen storage by the ultimate consumer.

   112505.  No person hereafter shall engage within this State in the
business of operating any frozen food locker plant without having
applied for and obtained from the director of the department a
license for each such place of business.  Applications for the
license shall be made in writing to the director of the department,
on the forms and with the pertinent information as he or she may deem
necessary.  These licenses shall be granted promptly as a matter of
right unless conditions exist that are grounds for denial of a
license, as hereinafter set forth.
   112510.  The annual license fee for a frozen food locker plant
shall be twenty-five dollars ($25).  Such fees shall be paid into the
General Fund.
   112515.  Upon receipt of the application for a license accompanied
by the required fee, the department shall promptly inspect the plant
to be licensed and shall issue a license; provided, the plant, its
equipment, facilities and its surrounding premises, and its
operations comply with this chapter and regulations pertaining to
this chapter.  The department shall inspect all frozen food locker
plants licensed under this chapter, whenever the department considers
the inspection necessary.  The department and its representatives
shall have access to the plants at all reasonable times for the
purpose of making inspections.
   112520.  The license issued hereunder shall be in a form as the
department shall prescribe and shall be under the seal of the
department and shall set forth the name of the licensee, the location
for which the license is issued, the period of the license and other
information as the department may determine.  Licenses shall be for
a term of one calendar year and shall be renewed annually.  The
license is nontransferable.  The original license or a certified copy
thereof shall be conspicuously displayed by the licensee in the
locker plant for which the license is issued.
   112525.  The floors, walls and ceilings of frozen food locker
plants shall be of a construction and finish that they can be
conveniently maintained in a clean and sanitary condition.  The
lockers in any plant shall be so constructed as to protect the
contents from contamination, deterioration or injury.  Lockers with
perforated bottoms shall be provided with a suitable unperforated
liner or tray.
   112530.  Any frozen food locker plant using a toxic gas
refrigerant shall have at least one gas mask of a type approved by
the department and shall keep the same where it will be readily
accessible.
   112535.  All rooms of a frozen food locker plant shall at all
times be maintained in a clean and sanitary condition.  All equipment
and utensils shall be cleaned when put into use and shall be
thoroughly cleaned after each day's use and shall be so stored or
protected as not to become contaminated.  Lockers shall be thoroughly
cleaned before they are leased or put into the possession of any
patron.  The premises and surroundings of the plants shall be
maintained in a clean and sanitary condition.  The food stored shall
be protected from filth, flies, dust, dirt, insects, vermin and any
other contamination and from any unclean or filthy practice in the
handling thereof or caring therefor.  No food shall be stored in a
condition or in a manner as to cause injury to or deterioration of
articles of food in adjacent lockers.
   112540.  Frozen food locker plants shall have an ample water
supply readily available and the water that comes in contact with any
food product or the equipment shall be uncontaminated.  Such plants
shall be provided with adequate toilet facilities so located as to be
readily accessible to employees and equipped with adequate washing
fixtures or have such fixtures or facilities convenient thereto and
shall be supplied with running water, single soap and single towel
service.  The doors of all toilet rooms shall be full length and
self-closing and no toilet room shall open directly into any room in
which foods are prepared, processed, chilled, frozen or stored.
Toilet facilities and rooms shall be kept in a clean and sanitary
condition.
   112545.  The director shall publish and declare reasonable
regulations as are consistent with the enforcement of the provisions
of this chapter providing for adequate cleanliness and sanitation to
protect public health.
   112550.  The refrigeration system for a frozen food locker plant
shall be equipped with reliable controls for the maintenance of
uniform temperatures as required in the various refrigerated rooms
and shall be of adequate capacity to provide under extreme conditions
of outside temperature and activity of the plant, the following
temperatures in the several rooms, respectively:
   (a) In pre-cool, chill, or aging rooms, temperatures shall be
commensurate with good commercial practice.
   (b) In locker rooms, temperature shall not exceed plus five (5)
degrees Fahrenheit, with customary commercial variations.
   The foregoing temperatures shall not be construed as prohibiting
variations therefrom as may occur during short periods of time
incidental to operating conditions beyond the control of the
operator.
   112555.  Any processor, prior to delivery to the consumer, shall
quick-freeze all meat or meat products in a blast-type freezing room
at zero degrees Fahrenheit with one side of the package exposed to
circulated air, or in a still-air-type freezing room at a minimum of
minus 10 degrees Fahrenheit with one surface side of each package in
direct contact with coils of a freezing plate.  This section shall
not apply to the sale of retail cuts of meat sold over the counter.

   112560.  Thermometers in good order shall be provided in all rooms
held under low temperature at locations therein that will reflect
true storage temperatures of foods in the rooms.

             112565.  No frozen food locker plant shall be licensed
under this chapter unless the following facilities are provided:
   Sufficient chill or aging room space, freezing facilities, locker
room, and facilities for cutting, preparing, wrapping and packaging
meats and meat products, except that storage locker plants and branch
locker plants need install only locker room facilities as specified
in Section 112550.
   112570.  A branch plant may be operated only in conjunction with a
parent locker plant that shall have processing facilities
sufficiently large for the locker plant and all branch plants.
   112575.  Storage of fish and game by patrons shall comply with
federal and state fish and game laws.  All pertinent abstracts of
state and federal fish and game regulations shall be furnished by the
department and shall be conspicuously displayed in the locker plant.

   112580.  Every operator of a frozen food locker plant, shall keep
a record showing names and addresses of renters of lockers and the
records shall be available for examination by the Director of Food
and Agriculture or his or her representatives, or the department or
its representatives, during business hours of the plants.
   112585.  Only food for human consumption, or clean, sanitary
byproducts therefrom to be used for food, shall be stored in the
frozen food locker plant.  Each package of food wrapped and frozen
for storage shall be labeled designating the product and identifying
the processor.
   112590.  The person owning or operating a frozen food locker plant
shall have a lien upon all property therein for all charges due from
the owner of the property.  The lien may be secured and enforced in
the same manner as warehousemen's liens are secured and enforced.
   112595.  Operators of frozen food locker plants operating solely
as such shall not be construed to be warehousemen or public
utilities, nor shall receipts or other instruments issued by those
persons in the ordinary conduct of their locker business be construed
to be warehouse receipts or subject to the laws applicable thereto.

   112600.  Cold storage or refrigerating warehouses subject to
Chapter 6 (commencing with Section 112350) shall be exempt from the
licensing provisions of this chapter.
   112605.  The licensing provisions of this chapter shall not apply
to retail premises in which individual frozen food lockers are not
rented, leased, loaned, or otherwise furnished to individuals, firms
or corporations, or processors.
   112610.  The department, after notice and hearing, may revoke the
license issued for any frozen food locker plant for failure to comply
with the provisions of this chapter.  The proceedings under this
section shall be conducted in accordance with Chapter 5 of Part 1 of
Division 3 of Title 2 of the Government Code, and the department
shall have all the powers granted therein.
   112615.  In the event the director suspends or revokes any
license, the licensee may obtain judicial review of the order by
filing a petition for a writ of mandate in accordance with the Code
of Civil Procedure in the superior court of the county in which the
licensed premises are located within thirty (30) days from the date
notice in writing of the director's order revoking or suspending the
license has been served upon said licensee.
   112620.  The liability of the owner or operator of lockers for
loss of goods in lockers or in the owner's or operator's care shall
be limited to negligence of the owner or operator or his or her
employee.
   112625.  Upon the signed petition of at least 25 owners or
operators of frozen food locker plants licensed under this chapter,
the director shall within 10 days after receipt of said petition,
cause to be held at places and at times as he or she may provide, a
public hearing for the purpose of gathering facts and data for the
revision, correction or amendment of any rule or regulation issued
pertaining to this chapter.
   112630.  This chapter shall be known as the "Frozen Food Locker
Plant Act of 1951."
   112635.  Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than fifty dollars ($50) nor more than
one thousand dollars ($1,000), or by imprisonment in the county jail
for a term not exceeding six months, or by both the fine and
imprisonment.

      CHAPTER 8.  CANNERIES
      Article 1.  Definitions and Scope

   112650.  "State board," or "State Board of Public Health," as used
in this chapter, means the State Department of Health Services.
   112655.  "Meat or meat products" as used in this chapter, means
any meat or meat product or poultry or poultry product that is not
subject to the inspection of the Bureau of Meat Inspection or the
Bureau of Poultry Inspection of the Department of Food and
Agriculture, or of the Meat Inspection Division or Poultry Division
of the United States Department of Agriculture, or of an approved
municipal inspection department or establishment.
   112660.  "Food product," as used in this chapter, includes any
fish or fish product, meat or meat product, or any other food
product.
   112665.  The operation of noncommercial canning centers by
community canning centers, schools, churches, other organizations, or
housewives who pack hermetically sealed canned food products for
their own consumption and do not sell the canned food, is exempt from
the licensing provisions of this chapter.
   112670.  In lieu of a license, a permit to operate a canning
center shall be issued without cost by the department upon the
submission of evidence as the department requires to show that the
persons operating the center are qualified and that the center is
properly equipped and meets all other provisions of this chapter.
   112675.  Food products that do not require the use of a pressure
cooker but necessitate acidulation and pH determinations come within
this chapter.
   112680.  No act that is unlawful under Part 5 (commencing with
Section 109875), relating to the adulterating, mislabeling,
misbranding, false advertising, and sale of foods, is lawful by
reason of this chapter.

      Article 2.  Cannery Inspection Board

   112685.  There is in the state government a Cannery Inspection
Board consisting of the following six members:
   (a) The director of the state department, who shall act as
chairman.
   (b) One man appointed by the director who shall have had at the
time of his or her appointment at least 10 years experience in or
with canning technology and has a degree in chemistry, bacteriology
or medicine.
   (c) Four men appointed by the state department who are
experienced, have substantial investments and are actively engaged in
the canning industry at the time of their appointment.
   One of the four appointive members shall be engaged in the canning
of animal food.
   112690.  Each appointed member holds office for a term of one year
or until his or her successor is appointed.
   112695.  Members of the board serve without compensation.  The
board shall meet at least quarterly.
   112700.  The Cannery Inspection Board shall, subject to the
approval of the department, estimate the cost of the separate
inspection and laboratory control required to be made for each food
product subject to this chapter.
   112705.  The estimate shall be made prior to the opening of the
canning season for each product having a canning season of less than
three consecutive months, and prior to each quarter for each product
having a canning season of more than three consecutive months.
   112710.  For the purpose of prorating the estimated cost of
inspection and laboratory control, the Cannery Inspection Board,
subject to the approval of the department, shall estimate the number
of cases to be packed, the number of tons to be packed, or the number
of man-hours necessary to be employed, whichever in its discretion
is most equitable as a basis of proration.
   112715.  Based on the estimates required by the last three
sections, the Cannery Inspection Board, subject to the approval of
the department, shall determine the probable cost of inspection and
laboratory control per thousand cases, per ton, or per man-hour,
whichever in its discretion is most equitable.
   112720.  The cost of laboratory control and research on products
subject to this chapter shall be prorated by the Cannery Inspection
Board in the same manner as the costs of inspection are prorated by
it.
   112725.  If the delegation of discretion to determine whether the
case, ton, or man-hour basis is most equitable as a basis of
prorating the cost of inspection and laboratory control is held
invalid as an unlawful delegation of legislative power, the
invalidity shall not affect the validity of the remaining portions of
this chapter.  The Legislature hereby declares that if it had known
that the delegation of the discretion would be declared invalid as an
unlawful delegation of legislative power, it would have designated
the man-hour basis of proration as the most equitable basis of
proration.  In the event of an invalidity, the cost of inspection and
laboratory control shall be prorated on the man-hour basis.

      Article 3.  Proration of Costs

   112730.  At the end of each quarter, or at the close of any
canning season that does not exceed three consecutive months, the
state department shall determine the actual cost of inspection and
laboratory control of each separate food product for the preceding
quarter or preceding canning season, and shall prorate the cost to
each person licensed under this chapter on the basis of cases packed,
tons packed, or number of man-hours necessary to be employed,
whichever has been determined by the Cannery Inspection Board, with
the approval of the state department, to be most equitable.
   112735.  In making any separate inspection and laboratory control
for any food product, the state department shall not spend more than
the amount estimated by the Cannery Inspection Board as the cost of
the inspection without the approval of the Cannery Inspection Board.

   112740.  In making estimates, determinations, assessments, and
prorations under this article and Article 2 (commencing with Section
112685), the Cannery Inspection Board and the state department may
include as a part of the cost of inspection a reasonable charge for
standby services of inspectors.
   112745.  In lieu of all other procedures in this article and
Article 2 (commencing with Section 112685), each person licensed
under this chapter may be assessed at an estimated annual hourly rate
set by the Cannery Inspection Board with the approval of the
department and of the State Director of Finance.  The annual rate
shall be set for each industry group based on the estimated cost.

      Article 4.  Licenses and Licensees

   112750.  It is unlawful for any person to engage in the
noncommercial canning of salmon, or in the commercial canning of any
fish or fish product, meat or meat product, or any other food product
for the use of man or animal, the sterilization of which in the
opinion of the department requires the use of a pressure cooker or a
retort, without first obtaining a license from the department.
   112755.  The department shall issue an annual license, that is
nontransferable, to any person on the receipt of fifty dollars ($50)
per plant, and evidence as the board may require to show that (1) the
applicant is properly equipped with a retort or pressure cooker that
has recording thermometers, indicating thermometers, and pressure
gauges to carry out regulations as the department may adopt for the
sterilization of food products for the canning of which a license is
sought and (2) the applicant is in compliance with the sanitary
regulations of the department.  The applicant shall be deemed to be
in compliance with the sanitary regulations unless the applicant has
been given written notice by the department not less than 60 days
prior to the expiration of the existing license that the cannery does
not comply with the sanitary regulations, and the applicant has
subsequently failed to bring the cannery into compliance therewith.

   112760.  Any person who has been denied the annual license
provided in this chapter may obtain a hearing by the department by
mailing a written request therefor to the department.  The department
shall give the applicant at least 10 days notice of the hearing and
shall hold such hearing within 30 days of the receipt of the request.

   112765.  In addition to the annual license fee, the department
shall demand from each licensee a cash deposit for the payment of his
or her pro rata share of the estimated cost of inspection and
laboratory control as the department may deem necessary.
   112770.  If the deposit made by any licensee is insufficient to
meet the actual cost of an inspection and laboratory control of any
product determined by the department, the latter shall demand from
the licensee, and the licensee shall immediately pay to the
department, in addition to the license fee payable by the licensee,
the difference between the deposit and his or her pro rata share of
the actual cost of the inspection and laboratory control.
   112775.  If at the end of the calendar year, or at the end of any
canning season of less than three consecutive months the deposit made
by any licensee under this chapter is greater than the actual cost
prorated to the licensee, the difference shall be refunded if
requested by the licensee in accordance with law.  If the difference
is not so refunded, it shall be credited toward the required deposit
for the next calendar year or canning season.
   112780.  No food product subject to the inspection required by
this chapter shall be shipped by the licensee who packed it until the
licensee has either paid his or her pro rata share of the estimated
cost of inspection or has furnished the department a cash deposit for
the payment of his or her pro rata share of the cost.
   112785.  The department may after notice and opportunity for
hearing suspend or revoke a license issued under this chapter for any
of the following causes:
   (a) Nonpayment of the pro rata share of the cost of inspection and
laboratory control, or failure to comply with a demand for a cash
deposit or other security by the holder of the license.
   (b) Noncompliance with any of the regulations of the department.
   (c) Operation of an insanitary cannery after due notice by
registered mail has been received.
   (d) Inadequate ratproofing of a cannery throughout.
   (e) Willful packing of any canned food commodity that has been
rejected by an agent of the department.
   (f) Packing of any canned food commodity subject to this chapter
without notifying the department before packing.
   112790.  After conviction for a violation of Part 5 (commencing
with Section 109875), the license of the person convicted may be
suspended for a period of from 1 to 30 days.
   112795.  Proceedings for the suspension and revocation of licenses
shall be conducted in accordance with Chapter 5 (commencing with
Section 11500), Part 1, Division 3, Title 2 of the Government Code;
and the department has all the powers granted therein.

      Article 5.  General Provisions

   112800.  No person shall permit another to operate a
steam-controlled retort used in the commercial canning industry for
the sterilization of food products, unless the latter first obtains a
permit from the department.  The department may pass upon and
determine the qualifications of the applicant with a view to the
preservation of the public health.
   Any permit granted is revocable by the department whenever in its
judgment the public health requires such action.
   112805.  It is unlawful for any person to place upon the label of
any bottle, can, jar, carton, case, box, barrel, or any other
receptacle, vessel, or container of whatever material or nature that
may be used by a packer, manufacturer, producer, jobber, or dealer
for enclosing any canned food product, fish or fish product, or meat
or meat product, any statement relative to the product having been
inspected, unless the statement has been approved in writing by the
department.
   Approval of a statement is revocable at any time by the department
upon written notice.
   112810.  Any food product packed in violation of this chapter may
be quarantined by the department until a laboratory examination has
established that the product meets the requirements of this chapter.

   112815.  Any person who packs any food product that has been
quarantined by the department shall pay the department all reasonable
costs of any laboratory examination, determined by the Cannery
Inspection Board, subject to the approval of the department, to be
necessary to ascertain that the seized product was packed in
violation of this chapter.
   112820.  The Division of Cannery Inspections has supervision over
the inspection and examination of raw fish and fish products
preparatory to canning.
   The cost of the inspection and examination shall be determined and
paid in the manner provided in Article 2 (commencing with Section
112685).

      Article 6.  Rules and Enforcement

   112825.  The department may make regulations as it deems necessary
for the proper enforcement of this chapter, and the regulations
shall have the force and effect of law.
   112830.  No rule or regulation or amendment thereto shall be
adopted unless submitted by the department to the Cannery Inspection
Board at least five days prior to the date of adoption.
   112835.  The state board shall enforce its regulations and the
provisions of Part 5 (commencing with Section 109875), relating to
the canning of food products, through the Chief of the Bureau of
Cannery Inspections and other employees as it deems necessary.  The
state board shall, so far as practicable, acquaint each licensee
subject to this chapter with its regulations, and upon request
therefor by any licensee shall furnish a copy of the regulations.
   112840.  The district attorney of the county in which any
violation of this chapter occurs shall prosecute the person accused
of the violation.

      Article 7.  Funds

   112845.  All money received by the department under this chapter
shall be paid at least once each month to the Treasurer, and on order
of the Controller, shall be deposited in the General Fund in the
State Treasury.
   112850.  Notwithstanding Section 112845, the department and the
Department of Finance may authorize the deposit in the Special
Deposit Fund of cash deposits received by the department under the
provisions of Section 112765; and in that event, upon the
determination by the department that all or a part of any deposit is
due the state for payment on account of the depositor's pro rata
share of costs incurred by the state under this chapter, the amount
so determined shall, on order of the State Controller, be transferred
from the Special Deposit Fund to the General Fund.
   All money deposited in the Special Deposit Fund under the
provisions of this section shall be subject to the provisions of
Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of
Division 4 of Title 2 of the Government Code.

      Article 8.  Violations

   112855.  Any person who does not obtain a license required of him
or her by this chapter, or who engages in canning operations after
his or her license has been suspended or revoked, or who otherwise
violates this chapter, is guilty of a misdemeanor, and upon
conviction is punishable by a fine of not less than fifty dollars
($50) nor more than one thousand dollars ($1,000), or by imprisonment
in the county jail for not exceeding six months.

      CHAPTER 9.  OLIVE OIL

   112875.  "Olive oil," as used in this chapter, means the edible
oil obtained from the fruit of the olive tree (olea europea L.).
   112880.  "Imitation olive oil," as used in this chapter, means the
mixture of any edible oil artificially colored or flavored to
resemble olive oil.
   112885.  Unless a license so to do is first obtained from the
department, it is unlawful for any person in this state to engage in
the packaging or manufacture of olive oil, or in the wholesale
distribution of olive oil where his or her name and address will
appear upon olive oil containers of one pint capacity or larger, as
the distributor and his or her name will appear upon the containers
as the only California addressee.
   112890.  On receipt of an application showing that the applicant
is properly equipped to package or manufacture olive oil, or is a
wholesale distributor of olive oil whose name and address will appear
upon olive oil containers as distributor and whose name also will
appear upon those containers as the only California  addressee, the
department shall, free of charge, issue the applicant a license, not
transferable, but good until revoked, to package, manufacture, or
distribute olive oil as the case may be.
   The department may revoke or suspend the license after a hearing.
The proceedings for the revocation or suspension of a license shall
be in accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, and the
department shall have all the powers granted in that chapter.
   112895.  It is unlawful to manufacture, sell, offer for sale, give
away, or to possess imitation olive oil in the state.
   This section does not prohibit the blending of olive oil with
other edible oils, if the blend is not labeled as olive oil or
imitation olive oil, is clearly labeled as a blended vegetable oil,
and if the contents and proportions of the blend are prominently
displayed on the label.
   112900.  The use of any artificial color or flavor in the
manufacture or blending of olive oil is prohibited.
   112905.  It is unlawful to prepare, express, mix, or blend olive
pomace or meats with any bland fixed oil other than olive oil.
   112910.  All records of those licensed under the provisions of
this chapter that concern the amounts of olive oil produced,
purchased, or produced and purchased, or the sale, distribution, or
sale and distribution of any olive oil, shall be open to inspection
upon demand of any agent of the department.
   112915.  It is unlawful to reuse any olive oil container, can, or
drum for repacking any fixed oil intended to be used for food
purposes, except on the premises of the processor.
   112920.  All olive oil for technical purposes shall be denatured
with an odoriferous substance so as to render it unfit for food
purposes.
   112925.  It is unlawful to sell or offer for sale olive oil
containing more than 5 percent free fatty acid without first
denaturing the oil and making it unfit for human consumption.
   112930.  The department shall enforce this chapter.
   112935.  Any person violating any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than five hundred dollars ($500) nor
more than one thousand dollars ($1,000), or by imprisonment in the
county jail for not exceeding one year, or by both fine and
imprisonment.

      CHAPTER 10.  PROCESSED PET FOODS
      Article 1.  Definitions

   113025.  "Processed pet food" means a food for pets that has been
prepared by heating, drying, semidrying, canning, or by a method of
treatment prescribed by regulation of the department.  The term
includes, special diet, health foods, supplements, treats and candy
for pets, but does not include fresh or frozen pet foods subject to
the control of the Department of Food and Agriculture of this state.

   113030.  "Pet" means any household animal including but not
limited to cats or dogs and other carnivores whether or not for
exhibition.
   113035.  "Pet food ingredients" means each of the constituent
materials making up a processed pet food.  Pet food ingredients of
animal or poultry origin shall be only from animals or poultry
slaughtered or processed in an approved or licensed establishment.
Such animal or poultry ingredients condemned for human food but
passed for animal food in an establishment inspected by the United
States Department of Agriculture or the Department of Food and
Agriculture of this state may be used for pet food, provided it is
properly denatured or handled in accordance with this chapter and
regulations of the department and the regulations of the Department
of Food and Agriculture of this state so as to render the ingredients
safe for pet food.  Animals or poultry classified as "deads" are
prohibited.
   113040.  Incubator reject eggs may not be used in food for human
consumption but may be used for animal food or animal-food products.

   113045.  The term "advertisement" means all representations
disseminated in any manner or by any means for the purpose of
inducing, or that are likely to induce, directly or indirectly, the
purchase of processed pet food.  An advertisement shall be deemed
false if it is false or misleading in any particular.
   113050.  If an article is alleged to be misbranded because the
labeling is misleading, or if an advertisement is alleged to be false
because it is misleading, then in determining whether the labeling
or advertisement is misleading, there shall be taken into account,
among other things, not only misrepresentations made or suggested by
statement, word, design, device, sound, or in any combination
thereof, but also the extent to which the labeling or advertisement
fails to reveal facts material in the light of representations or
material with respect to consequences that may result from the use of
the article to which the labeling or advertisement relates under the
conditions of use prescribed in the labeling or advertisement
thereof or under conditions of use as are customary or usual.
   113055.  This chapter shall be known, and may be cited, as the
Pure Pet Food Act of 1969.

      Article 2.  Licenses and Registration Certificates

   113060.  Every person who manufactures a processed pet food in
California shall first obtain a license from, and every person who
manufactures a processed pet food for import into California from
another state shall first obtain a registration certificate from, the
department.  Each license or registration certificate is good for
one calendar year from the date of issue and is nontransferable.
   An application for a license or registration certificate shall be
made on an application form provided by the department.
   113065.  A separate license shall be required for each processing
plant located in California.
                                The annual license fee shall be one
hundred dollars ($100).  The annual registration fee shall be one
hundred dollars ($100).  The penalty for failure to apply for renewal
of a license or registration certificate within 30 days after the
expiration is thirty dollars ($30) and shall be added to the renewal
fee and be paid by the applicant before the renewal license or
registration certificate may be issued.  All fees collected shall be
expended as appropriated by the Legislature in the carrying out of
the provisions of this chapter and the regulations adopted thereto.
   The annual license fee for a pet food canner also licensed under
Chapter 8 (commencing with Section 112650) is one hundred dollars
($100).  No additional fee is payable by such a person for a license
issued to him or her under that chapter.
   113070.  An annual license or registration certificate shall be
issued only when the following provisions have been met:
   (a) Inspection of the manufacturing facilities demonstrates that
they are properly equipped and are operated in a sanitary manner.
   (b) In the case of an out-of-state manufacturer, the application
for a registration certificate is accompanied by a certificate issued
by a federal, state, or local health agency certifying that the
processed pet foods manufactured conform to the requirements of this
chapter or the regulations adopted hereunder.
   (c) The applicant submits to the department the label that would
be attached to the container of each type of processed pet food and a
complete list of the pet food ingredients thereof in their order of
predominance by weight.

      Article 3.  Prohibited Acts and Penalties

   113075.  The following acts and the causing thereof within the
State of California are hereby prohibited:
   (a) The manufacture, sale, or delivery, holding or offering for
sale of any pet food ingredient or processed pet food that is
adulterated or misbranded.
   (b) The adulteration or misbranding of any pet food ingredient or
processed pet food.
   (c) The dissemination of any false advertising.
   (d) The refusal to permit entry or inspection, or to permit the
taking of a sample.
   (e) The removal, sale, or disposal of a detained or embargoed
processed pet food without permission of an authorized agent or the
court.
   (f) The giving of a guaranty or undertaking that is false, except
by a person who relied on a guaranty or undertaking to the same
effect signed by, and containing the name and address of, the person
residing in the State of California from whom he or she received in
good faith the pet food ingredient or the processed pet food.
   (g) The receipt in commerce of any pet food ingredient or
processed pet food that is adulterated, misbranded or falsely
advertised and the delivery or proffered delivery thereof for pay or
otherwise.
   (h) Failure to obtain a license as required by this chapter.
   (i) Use of any pet food ingredient that fails to conform to the
standard of identity for the pet food ingredient as adopted pursuant
to Section 113115.
   113080.  (a) Any person who violates any of the provisions of this
chapter or the regulations promulgated under this chapter is subject
to imprisonment for not more than six months or a fine of not more
than one thousand dollars ($1,000), or both that imprisonment and
fine; but if the violation is committed after a conviction of that
person under this section has become final, or the violation is
committed with intent to defraud or mislead, the person shall be
subject to imprisonment for not more than one year, or a fine of not
more than one thousand dollars ($1,000), or both imprisonment and
fine.
   (b) No person shall be subject to the penalties of subdivision (a)
for having violated provisions of this chapter if he or she
establishes a guaranty or undertaking signed by, and containing the
name and address of, the person residing in the State of California
from whom he or she received in good faith the article, to the effect
that the article conforms to all provisions of this chapter,
designating this chapter.
   If the guaranty is to the effect that the article is not in
violation within the meaning of the federal act, as provided in
Section 303 (c) of the federal act, it shall be sufficient for all
the purposes of this chapter and have the same force and effect as
though it referred to this chapter, unless at any time the standard
for the article concerned under this chapter is higher than the
standard for a like article under the federal act.
   (c) No publisher, radio or television broadcast licensee, or
agency or medium for the dissemination of an advertisement, except
the manufacturer, packer, distributor, or seller of the article to
which a false advertisement relates, shall be liable under this
section for the dissemination of false advertisement, unless he or
she has refused, on the request of the department, to furnish the
department the name and post office address of the manufacturer,
packer, distributor, seller, or advertising agency, residing in the
State of California who caused him or her to disseminate the
advertisement.
   113085.  In addition to other remedies herein provided, the
department may bring an action in the superior court, and the court
shall have jurisdiction upon hearing and for cause shown, to grant a
temporary or permanent injunction restraining any person from
violating any provision of this chapter.  Any proceeding under this
section shall conform to the requirements of Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that the department shall not be required to allege
facts necessary to show or tending to show lack of adequate remedy
at law or to show or tending to show irreparable damage or loss.

      Article 4.  Adulteration

   113090.  A pet food ingredient or a processed pet food shall be
deemed to be adulterated:
   (a) If it bears or contains any poisonous or deleterious substance
that may render it injurious to health; but in case the substance is
not an added substance, the pet food shall not be considered
adulterated under this subdivision if the quantity of the substance
in pet food does not ordinarily render it injurious to health.
   (b) If it bears or contains any added poisonous or deleterious
substance, any food additive, any pesticide chemical, or any color
additive that is unsafe within the meaning of the Federal Food, Drug
and Cosmetic Act, or Part 5 (commencing with Section 109875), or
Division 7 (commencing with Section 12501) of the Food and
Agricultural Code.
   (c) If it contains a pet food ingredient for which a standard of
identity has been established and the pet food ingredient fails to
meet that standard.
   (d) If it has been produced, prepared, packed or held under
insanitary conditions whereby it may have become contaminated with
filth, or whereby it may have been rendered diseased, unwholesome or
injurious to health.
   (e) If its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
   (f) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom.
   (g) If any substance has been substituted wholly or in part
therefor.
   (h) If damage or inferiority has been concealed in any manner.
   (i) If any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight or reduce its quality
or strength or make it appear better or of greater value than it is.


      Article 5.  Misbranding

   113095.  A pet food ingredient or processed pet food shall be
deemed to be misbranded:
   (a) If its labeling is false or misleading in any particular.
   (b) If its container is so made, formed or filled as to be
misleading.
   (c) If in package form, unless it bears a label containing (1) the
name and place of business of the manufacturer, packer, or
distributor; and (2) an accurate statement of the quantity of the
contents in terms of weight, measure or numerical count.
   Under clause (2) of subdivision (c), reasonable variation shall be
permitted, and exemptions as to small packages shall be established,
by regulations prescribed by the department.
   (d) If any word, statement or other information required by or
under authority of this chapter to appear on the label or labeling is
not prominently placed thereon with conspicuousness (as compared
with other words, statements, designs or emblems, in the labeling)
and in terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.

   113100.  A pet food shall be deemed to be misbranded if it is not
subject to Section 113105, unless its label bears (a) the common or
usual name of the food, if any there be, and (b) in case it is
fabricated from two or more ingredients, the common or usual name of
each ingredient listed in descending order of predominance in the
product.  Spices, flavorings, and colorings, other than those sold as
such, may be designated as spices, flavorings, and colorings,
without naming each.
   113105.  A processed pet food shall be deemed to be misbranded if
it purports to be or is represented as a food for which a definition
and standard of identity has been prescribed by regulations as
provided by Section 113115 unless (a) it conforms to the definition
and standard, and (b) its label bears the name of the processed pet
food specified in the definition and standard, and, insofar as may be
required by regulations, the common names of optional pet food
ingredients present in processed pet food.  Spices, flavorings, and
colorings, other than those sold as such, may be designated as
spices, flavorings, and colorings, without naming each.
   113110.  A processed pet food shall be deemed to be misbranded:
   (a) If it purports to be or is represented for special dietary
uses, unless its label bears information concerning its vitamin,
mineral, and other dietary properties as the department determines to
be, and by regulations prescribes as, necessary in order fully to
inform purchasers as to its value for those uses.
   (b) If it bears or contains any artificial flavoring, artificial
coloring, or chemical preservative, unless it bears labeling stating
that fact.  To the extent that compliance with the requirements of
this paragraph is impracticable, exemptions shall be established by
regulations promulgated by the department.

      Article 6.  Administration

   113115.  When in the judgment of the department the action will
promote honesty and fair dealing in the interest of the ultimate
purchaser, the department may promulgate regulations establishing for
any processed pet food or pet food ingredient any of the following:

   (a) A reasonable definition and standard of identity.
   (b) A reasonable standard of quality or fill of container.
   (c) The method of treatment of products or ingredients to render
them safe for pet feeding.
   (d) Labeling information necessary to fully inform the purchaser
thereof.
   113120.  This chapter shall be administered by the department in
accordance with Part 5 (commencing with Section 109875).

      CHAPTER 11.  MISCELLANEOUS FOOD LAWS
      Article 1.  Dairy Product Safety

   113150.  (a) When there occurs, in the household of any dairy
worker, milkman, milk dealer, milk distributor, creamery worker, or
pasteurizing plant operator, a case or a suspected case of a milk
transmitted disease listed pursuant to Section 120130, the sale or
distribution of milk from those premises is prohibited unless written
authorization for its sale or distribution is given by the health
officer.
   (b) A case or suspected case of any disease that occurs in the
household of any of the above-mentioned persons, and that is known to
be transmitted by milk, shall be reported immediately to the health
officer.
   113155.  The department shall cooperate with the Department of
Food and Agriculture in the inspection of any milk products plants
associated with diseases reported pursuant to Section 120130.  The
Department of Food and Agriculture shall consult with the department
prior to condemning milk or milk products that are determined to be
contaminated based on a finding of illnesses listed pursuant to
Section 120130.

      Article 2.  Beverage Containers

   113200.  As used in this chapter with the exception of Article 4
(commencing with Section 113300), unless the context requires
otherwise:
   (a) "Beverage" means beer or other malt beverages and mineral
waters, soda water and similar carbonated soft drinks in liquid form
and intended for human consumption.
   (b) "Beverage container" means the individual, separate, sealed
glass, metal or plastic bottle, can, jar or carton containing a
beverage.
   (c) "Flip-top container" means a metal beverage container so
designed and constructed that a part of the container is severable in
opening the containers.
   (d) "In this state" means within the exterior limits of the State
of California and includes all territory within these limits owned by
or ceded to the United States of America.
   (e) "Non-flip-top container" means a metal beverage container so
designed and constructed that no part of the container is severable
in opening the container.
   113205.  On and after January 1, 1979, no person shall sell or
offer for sale in this state any metal beverage container so designed
and constructed that a part of the container is severable in opening
the container.  Nothing in this section shall prohibit the sale in
California of the containers for shipment out of state.
   Any person who violates the provisions of this section is guilty
of an infraction.
   113210.  The Secretary of the Resources Agency may extend
permission to a manufacturer to sell flip-top containers for one or
more periods of time for a total period not to exceed one year after
January 1, 1979.  The subsequent resale of these flip-top containers
by other persons at wholesale or retail, empty or filled with
beverages at any time subsequent to January 1, 1979, shall not be a
violation of Section 113205.
   In order to be eligible for an extension of permission to sell
flip-top containers after January 1, 1979, a manufacturer shall file
a request for extension by July 1, 1978, with the Secretary of the
Resources Agency and shall accompany the request with a report that
will indicate:
   (a) The percentage of the total production of metal beverage
containers made by the manufacturer in the calendar years of 1976 and
1977, and to May 31, 1978, that were non-flip-top containers
manufactured for use within this state.
   (b) The percentage of production of metal beverage containers the
manufacturer shifted from flip-top containers to non-flip-top
containers in the calendar years 1976 and 1977, and to May 31, 1978,
for use within this state.
   (c) The projected date when all production of metal beverage
containers manufactured for use in this state will be non-flip-top
containers.
   (d) A general statement of the procedures the manufacturer is
employing to effect the changeover to production of only non-flip-top
containers for use within this state, and specific economic
information regarding the manufacturer's planned investment in
conversion to new equipment and techniques to effect the changeover
to production of only non-flip-top containers for use within this
state.
   The secretary shall make public disclosure of all reports
received.
   113215.  The Secretary of the Resources Agency shall conduct
hearings upon the requests for extension prior to making decisions,
so that members of the public and manufacturers may be heard, and
shall receive evidence and make findings of fact.  The secretary
shall cause public notification of the time and place of the hearings
30 days prior to each hearing.
   In order to grant an extension of permission to sell flip-top
containers after January 1, 1979, the Secretary of the Resources
Agency must make a determination that the manufacturer requesting the
extension has made good faith efforts to comply with the act, but is
unable to meet the time requirement for conversion, and that the
manufacturer will suffer severe economic hardship as a direct result
of the requirements of conversion.
   If an extension is granted, the Secretary of the Resources Agency
may require reports as often as he or she deems necessary, indicating
the progress of the manufacturer toward compliance.
   113220.  There shall be no administrative appeal of the secretary'
s decision regarding a request for an extension.  Judicial review of
the decision of the Secretary of the Resources Agency on any request
for an extension may be made by the manufacturer.  In addition, any
member of the public, without damages, at his or her own expense, has
standing to bring an action for the purpose of inquiring into the
validity of a decision of the secretary on the grounds of the abuse
of discretion where the findings are unsupported by the evidence.
This section shall not be construed to prohibit the use of any other
remedy available under any other provision of law.
   113225.  (a) On and after July 1, 1981, or after a date one year
after the determination by the State Solid Waste Management Board
that degradable plastic connectors are commercially available,
whichever date occurs later, no beverage shall be sold or offered for
sale at retail in this state in beverage containers connected to
each other with plastic rings or similar plastic devices that are not
classified by the State Solid Waste Management Board as degradable,
except as provided in subdivision (c).
   (b) For the purposes of this section, "degradable" means all of
the following:
   (1) Degradation by biologic processes, photodegradation,
chemodegradation, or degradation by other natural degrading
processes.
   (2) Degradation at a rate that is equal to, or greater than, the
degradation by a process specified in paragraph (1) of other
commercially available plastic devices.
   (3) Degradation, that, as determined by the board, will not
produce or result in a residue or byproduct that, during or after the
process of degrading, would be a hazardous or extremely hazardous
waste identified pursuant to Chapter 6.5 (commencing with Section
25100) of Division 20.
   (c) This section shall not apply to plastic devices that the Solid
Waste Management Board finds conform to either one of the following:

   (1) Plastic devices that do not contain an enclosed hole or circle
of more than 11/2 inches in diameter or that do not contain a hole.

   (2) Plastic devices in which the ring is broken at the time the
beverage container is removed from the ring.
   (d) Any person who sells at wholesale or distributes to a retailer
for sale at retail in this state a beverage in containers that are
connected to each other in violation of the provisions of this
section is guilty of an infraction and shall be punished by a fine
not exceeding one thousand dollars ($1,000).

      Article 3.  Frozen Foods

   113250.  "Low acid frozen food" means a food that, by virtue of
its low acid content, does not preclude the growth of Clostridium
botulinum.
   113255.  Low acid frozen food shall be packaged in a container of
distinctive appearance so as to indicate to the purchaser that the
package is not ordinary canned goods of a nonperishable nature.
   113260.  The container shall bear a suitable legend to warn
consumers that the product must be kept frozen until ready for use
and that the contents should not be heated before opening.
   113265.  Low acid foods that are to be frozen and packaged in
hermetically sealed metal containers, shall not be cooked in the
container before freezing.
   113270.  The department shall enforce this chapter with the
exception of Article 4 (commencing with Section 113300).
   113275.  The department may make regulations to secure the proper
enforcement of this chapter, including regulations with respect to
the sanitary preparation of articles of food for freezing, the use of
containers, marks, tags, or labels, and the display of signs.
   113280.  Any person, firm, corporation, or agent violating any of
the provisions of this chapter with the exception of Article 4
(commencing with Section 113300), or any rule or regulation issued
pursuant to this chapter with the exception of Article 4 (commencing
with Section 113300), shall upon conviction be punished for the first
offense by a fine not more than one thousand dollars ($1,000), or by
imprisonment in the county jail for not more than six months, or by
both.

      Article 4.  Food Crop Growing

   113300.  At the time stated in the notice the legislative body
shall hear and consider all objections or protests, if any, to the
imposition of the fees or charges as set forth in said notice and may
continue the hearing from time to time.
   113305.  Upon the conclusion of the hearing, the legislative body
may adopt, revise, change, reduce or modify the fees or charges or
may overrule any or all objections and make its determination, which
shall be final.
   113310.  The Legislature finds and declares that the people of the
State of California have a primary interest in the sanitary
conditions under which food crops are grown and harvested for human
consumption and in the health and related sanitary conditions under
which the workers are employed in the growing and harvesting of food
crops.
   The Legislature hereby finds and declares that the provision of
sanitary and handwashing facilities for those employed in the growing
and harvesting of food crops is necessary to the preservation of
sanitation and health and that facilities are necessary to maintain
the dignity of workers.
   113315.  For the purposes of this article "food crop" shall mean
all fruits and vegetables intended for human consumption.
   113320.  For the purpose of this article "food crop growing and
harvesting operation" shall mean any field activity or operation
wherein a food crop is grown and harvested, where five or more
employees are working as a crew, unit, or group for a period of two
or more hours.
   113325.  Every employer shall provide or cause to be provided
toilet and handwashing facilities for every food crop growing and
harvesting operation.
   113330.  Employees shall use the toilet and handwashing facilities
provided.
   113335.  Toilet facilities shall provide privacy and shall be so
designed as to keep human excreta from contaminating the crop and to
keep flies away from the excreta.  Toilet paper shall be provided.
Toilet facilities shall be maintained in a clean and sanitary
condition.
   113340.  Handwashing facilities shall be such as to afford an
opportunity to wash hands in clean water using soap or other suitable
cleansing agent and to dispose of used wash water without nuisance
or contamination of food crop.
   113345.  Toilet and handwashing facilities for food crop
harvesting operations shall be provided at convenient locations.  For
the purpose of this article "convenient" means within a five-minute
walk of place of work.
   When, because of layout of access roads, ground terrain, or other
physical conditions, it is not possible to comply with the foregoing
requirement, toilet and handwashing facilities shall be located at
the point of vehicular access closest to the workers.
   113350.  (a) Except as provided in Section 18930, the department,
after consultation with the State Departments of Food and Agriculture
and Industrial Relations, may make and adopt reasonable regulations
in accordance with this article pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code and may adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13.  The regulations shall be at least as
effective as those adopted pursuant to Section 6712 of the Labor
Code.
   (b) No part of this article shall be construed to abridge or limit
in any manner the jurisdiction of the Division of Occupational
Safety and Health pursuant to Division 5 (commencing with Section
6300) of the Labor Code.
   113355.  The primary responsibility for enforcement of this
article shall be vested in the local health officers; county
agricultural commissioners may participate in enforcement.  The State
Departments of Health Services, Industrial Relations, and Food and
Agriculture may also enforce this article.
   Any agency enforcing this article shall report any violation to
all field offices of the Employment Development Department located in
the county where the violation occurs.  The report shall identify
the employer responsible for the violation, the nature of the
violation, and the location of the food crop growing and harvesting
operation where the violation occurs.  The Employment Development
Department shall not refer persons for employment to any employer or
food crop growing and harvesting operation identified in the report
until the agency reporting the violation certifies that the violation
has been corrected.
   113360.  Any person who knowingly and willfully violates any of
the provisions of this article, or of the regulations adopted under
this article, is guilty of a misdemeanor.

      PART 7.  RETAIL FOOD
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  RETAIL FOOD PRACTICES
      Article 1.  General Provisions

   113700.  This chapter shall be known and may be cited as the
California Uniform Retail Food Facilities Law.
   113705.  The Legislature finds and declares that the public health
interest requires that there be uniform statewide health and
sanitation standards for retail food facilities to assure the people
of this state that food will be pure, safe, and unadulterated.  It is
the intention of the Legislature to occupy the whole field of health
and sanitation standards for these food facilities, and the
standards set forth in this chapter and regulations adopted pursuant
to its provisions shall be exclusive of all local health and
sanitation standards relating to these facilities.
   113710.  The department shall adopt regulations to implement and
administer this chapter.
   113715.  Nothing in this chapter shall prohibit a local governing
body from adopting an evaluation or grading system for food
facilities, from adopting an employee health certification or
employee training program, from prohibiting any type of food
facility, or from regulating the provision of patron toilet
                                    and handwashing facilities.
   113720.  In all laws and regulations, references to Chapter 6
(commencing with Section 28190), Chapter 11 (commencing with Section
28520), and Chapter 14 (commencing with Section 28800), of Division
22 of the Health and Safety Code, or to the California Bakery
Sanitation Law, the California Restaurant Act,  and the Retail Food
Production and Marketing Establishments Law, shall mean this chapter
or the California Uniform Retail Food Facilities Law.
   113725.  Primary responsibility for enforcement of this chapter
shall be with local health agencies.  Nothing in this chapter shall
prevent the department from taking any necessary program or
enforcement actions for the protection of the public health and
safety.
   Whenever the enforcement of the requirements of this chapter by
any local enforcement agency is satisfactory to the department, the
enforcement of this chapter shall not be duplicated by the
department.  The department may investigate to determine satisfactory
enforcement of this chapter by a local enforcement agency.
   113730.  Any construction, alteration, remodeling, or installation
of equipment in a food establishment pursuant to this chapter shall
be in accordance with applicable building codes and shall be approved
by the enforcement officer.

      Article 2.  Definitions

   113735.  "Adulterated" means food that bears or contains any
poisonous or deleterious substance that may render the food impure or
injurious to health.
   113740.  "Approved" means acceptable to the department or health
authority based on a determination of conformity with current public
health principles, practices, and generally recognized industry
standards.
   113745.  "Certified farmers' market" means a location certified by
the county agricultural commissioner and operated as specified in
Article 6.5 (commencing with Section 1392) of Title 3 of the
California Code of Regulations.
   113750.  "Commissary" means a food establishment in which food,
containers, equipment, or supplies are stored or handled for use in
vehicles, mobile food preparation units, food carts, or vending
machines.
   113755.  "Employee" means any person working in a food facility
covered by this chapter.
   113760.  "Enforcement agency" means the department and all local
health agencies.
   113765.  "Enforcement officer" means the director, agents, or
sanitarians appointed by the Director of Health Services, and all
local health officers, directors of environmental health, and their
duly authorized registered sanitarians and sanitarian trainees.
   113770.  "Equipment" means all cooking units, hoods, cutting
blocks, processing machines, tables, refrigerators, sinks, dish
machines, steam tables, and other items used in a food facility.
   113775.  "Food" means any raw or processed substance, ice,
beverage, or ingredient intended to be used as food, drink,
confection, or condiment for human consumption.
   113780.  "Food establishment" means any room, building, or place,
or portion thereof, maintained, used, or operated for the purpose of
storing, preparing, serving, manufacturing, packaging, transporting,
salvaging, or otherwise handling food at the retail level.  "Food
establishment" includes a restricted food service transient occupancy
establishment, as defined in Section 113870.
   "Food establishment" does not include a commercial food processing
establishment as defined in Section 111955, at the wholesale level,
a vehicle, vending machine, satellite food distribution facility,
temporary food facility, open-air barbecue, certified farmers'
market, stationary mobile food preparation unit, or mobile food
preparation unit.
   113785.  (a) "Food facility" means all of the following:
   (1) Any food establishment, vehicle, vending machine, produce
stand, swap meet prepackaged food stand, temporary food facility,
satellite food distribution facility, stationary mobile food
preparation unit, and mobile food preparation unit.
   (2) Any place used in conjunction with the operations described in
paragraph (1), including, but not limited to, storage facilities for
food-related utensils, equipment, and materials.
   (3) A certified farmers' market, for purposes of permitting and
enforcement.
   (b) "Food facility" does not include any of the following:
   (1) A cooperative arrangement wherein no permanent facilities are
used for storing or handling food, or a private home, church, private
club, or other nonprofit association that gives or sells food to its
members and guests at occasional events, as defined in Section
113825, or a for-profit entity that gives or sells food at occasional
events, as defined in Section 113825, for the benefit of a nonprofit
association, if the for-profit entity receives no monetary benefit,
other than that resulting from recognition for participating in the
event.
   (2) Premises set aside for winetasting, as that term is used in
Section 23356.1 of the Business and Professions Code and in the
regulations adopted pursuant to that section, if no food or beverage
is offered for sale for onsite consumption.
   113790. "Food preparation" means packaging, processing,
assembling, portioning, or any operation that changes the form,
flavor, or consistency of food, but does not include trimming of
produce.
   113795.  "Frozen food" means a food maintained at a temperature at
which all moisture therein is in a solid state, not to exceed O
degrees Celsius (32 degrees Fahrenheit).
   113800.  "Hearing Officer" means a local health officer, a
director of environmental health, or his or her designee.
   113805.  "Hot dog" means a whole cured, cooked sausage that is
skinless or stuffed in a casing and that is also known as a
frankfurter, frank, furter, wiener, red hot, vienna, bologna, garlic
bologna, or knockwurst, and that may be served in a bun or roll.
   113810.  "Impound" means the legal control exercised by the
enforcement officer over the use, sale, disposal, or removal of any
food or equipment.
   113815.  "Mobile food preparation unit" means any vehicle or
portable food service unit upon which food is prepared for service,
sale, or distribution at retail.  Mobile food preparation unit shall
not include vehicles from which prepackaged food or approved
unpackaged food is sold or offered for sale as prescribed by Article
11 (commencing with Section 114250).
   113820.  "Multiservice utensil" means a utensil manufactured and
approved for use more than one time.
   113825.  "Occasional event" means an event that occurs not more
than three days in any 90-day period.
   113830.  "Open-air barbecue facility" means an unenclosed facility
for barbecuing food, where the food is prepared out of doors by
cooking directly over hot coals, heated lava, hot stones, gas flame,
or other method approved by the state department, on equipment
suitably designed and maintained for use out of doors, that is
operated by a food establishment, stationary mobile food preparation
unit, or temporary food facility.
   113835.  "Permit" means a written authorization to operate issued
by a local enforcement officer.
   113840.  "Person" means any individual, firm, partnership, joint
venture, association, limited liability company, corporation, estate,
trust, receiver, syndicate, city, county, or other political
subdivision, or any other group or combination acting as a unit.
   113845.  "Potentially hazardous food" means food capable of
supporting rapid and progressive growth of microorganisms that may
cause food infections or food intoxications.  "Potentially hazardous
food" does not include edible shell eggs, foods  that have a pH level
of 4.6 or below, a water activity (Aw) value of 0.85 or less under
standard conditions, or food products in hermetically sealed
containers processed to prevent spoilage.
   113850.  "Produce" means any fruit or vegetable in its raw or
natural state.
   113855.  "Produce stand" means a food establishment that sells,
offers for sale, or gives away only produce or shell eggs, or both.

   113860.  "Refrigeration unit" means a mechanical unit that
extracts heat from an area through liquification and evaporation of a
fluid by a compressor, flame, or thermoelectric device.
Refrigeration unit also includes a cold plate permanently connected
to a compressor or any other unit approved by the department.
   113865.  "Remodeled" means construction, building, or repair to
the food facility that requires a permit from the local building
authority.
   113870.  "Restricted food service transient occupancy
establishment" means an establishment of 20 guestrooms or less, that
provides overnight transient occupancy accommodations, that serves
food only to its registered guests, that serves only a breakfast or
similar early morning meal, and with respect to which the price of
the food is included in the price of the overnight transient
occupancy accommodation.  For purposes of this section, "restricted
food service transient occupancy establishment" refers to an
establishment as to which the predominant relationship between the
occupants thereof and the owner or operator of the establishment is
that of innkeeper and guest.  For purposes of this section, the
existence of some other legal relationships as between some occupants
and the owner or operator shall be immaterial.
   113875.  "Retail" means the storing, preparing, serving,
manufacturing, packaging, transporting, salvaging, or otherwise
handling food for dispensing or sale directly to the consumer.
   113880.  "Satellite food distribution facility" means either of
the following:
   (a) A location where only prepackaged, unit servings of food are
distributed, that have been prepared or stored in an approved food
facility operated by a school, governmental agency, or nonprofit
organization.
   (b) A stand, kiosk, cart, or other semi-permanent, remote,
food-dispensing facility located within a defined and securable
perimeter, including, but not limited to, an amusement park, stadium,
arena, or enclosed shopping mall that operates a food establishment
on the site.
   113885.  "Single service utensil" means a utensil that is
manufactured and approved for use only once and that shall be
discarded after use.
   113890.  "Stationary mobile food preparation unit" means a mobile
food preparation unit that operates at a state, county, district, or
citrus fair or any approved occasional event and that remains in a
fixed position during food preparation and its hours of operation.
   113895.  "Temporary food facility" means a food facility operating
out of temporary facilities approved by the enforcement officer at a
fixed location for a period of time not to exceed 25 days in any
90-day period in conjunction with a  single event or celebration.
   113898.  "Utensil" means any kitchenware, tableware, cutlery,
glassware, container, implement, high chair tray, or other item with
which food comes in contact during storage, transportation, display,
preparation, serving, sale, or through use by an employee or
consumer.
   113900.  "Vehicle" means any motorized or nonmotorized conveyance
or portable food service unit upon which prepackaged food or approved
unpackaged food is sold or offered for sale at retail.  "Vehicle"
does not include a mobile food preparation unit or a stationary
mobile food preparation unit.
   113903.  "Vending machine" means any self-service device that,
upon insertion of money or tokens, dispenses food without the
necessity of replenishing the device between each vending operation.
"Vending machine" does not include any device dispensing exclusively
peanuts, nuts, popcorn, ballgum, or hard candy; prepackaged candy,
cookies, crackers, or similar snacks and beverages that are not
potentially hazardous as defined in Section 113845, and prepackaged
ice.
   113905.  "Swap meet prepackaged food stand" means a food facility,
other than a vehicle, operated at a swap meet, by a swap meet
operator or its lessee, that offers for sale, or gives away, only
prepackaged foods.
   113908.  "Prepackaged food" means any properly labeled processed
food, prepackaged to prevent any direct human contact with the food
product upon distribution from the manufacturer, and prepared at a
facility approved by the enforcement agency.
   113910.  As used in this chapter, "swap meet" and "swap meet
operator" shall have the meanings set forth in Section 21661 of the
Business and Professions Code.

      Article 3.  Plan Review and Permits

   113915.  A person proposing to build or remodel a food facility
shall submit complete plans and specifications to the local
enforcement agency for review and approval pursuant to the
requirements of this chapter.  The plans shall be approved or
rejected within 20 working days after receipt by the local
enforcement agency and the applicant shall be notified of the
decision.  Unless the plans are approved or rejected within 20
working days, they shall be deemed approved.  The building department
shall not issue a building permit for a food facility until after it
has received plan approval by the local enforcement officer.
   113920.  (a) A food facility shall not be open for business
without a valid permit.
   (b) A permit shall be issued by the local enforcement agency when
investigation has determined that the proposed facility and its
method of operation will conform to the requirements of this chapter.
  A permit, once issued, is nontransferable.  A permit shall be valid
only for the person, location, type of food sales, or distribution
activity approved and, unless suspended or revoked for cause, for the
time period indicated.
   (c) Any fee for the permit and related services shall be
determined by the local governing body.  Fees shall be sufficient to
cover the actual expenses of administering and enforcing this
program, including the expenses of inspecting and impounding any
utensil suspected of releasing lead or cadmium in violation of
Section 108860 as authorized by Section 113930.  All moneys collected
as fees shall be expended in carrying out this chapter.
   (d) A permit shall be posted in a conspicuous place in the food
facility or in the office of a vending machine business.

      Article 4.  Enforcement and Inspection

   113925.  Enforcement officers are charged with the enforcement of
this chapter and all regulations adopted pursuant to it.
   An enforcement officer may enter, inspect, issue citations, and
secure any sample, photographs, or other evidence from any food
facility, or any facility suspected of being a food facility, for the
purpose of enforcing this chapter.  A written report of the
inspection shall be made and a copy shall be supplied or mailed to
the owner, manager, or operator of the food facility.
   113930.  (a) Based upon inspection findings or other evidence, an
enforcement officer may do any of the following:
   (1) Impound any food that is found to be, or suspected of being,
contaminated or adulterated.
   (2) Impound equipment or utensils that are found to be unsanitary
or in such disrepair that food, equipment, or utensils may become
contaminated or adulterated, and inspect, impound, or inspect and
impound any utensil that is suspected of releasing lead or cadmium in
violation of Section 108860.  The enforcement officer may attach a
tag to the food, equipment, or utensils that shall be removed only by
the enforcement officer following verification that the condition
has been corrected.
   (b) No food, equipment, or utensils impounded pursuant to
subdivision (a) shall be used unless the impoundment has been
released.
   (c) Within 30 days the enforcement agency that has impounded the
food, equipment, or utensils pursuant to subdivision (a) shall
commence proceedings to release the impounded materials or to seek
administrative or legal remedy for its disposition.
   113935.  Any person who violates any provision of this chapter or
regulation adopted pursuant to this chapter is guilty of a
misdemeanor.  Each offense shall be punished by a fine of not less
than twenty-five dollars ($25) or more than one thousand dollars
($1,000) or by imprisonment in the county jail for a term not
exceeding six months, or by both fine and imprisonment.
   113940.  The owner, manager, or operator of any food facility is
responsible for any violation by an employee of any provision of this
chapter or any regulation adopted pursuant to this chapter.  Each
day the violation occurs shall be a separate and distinct offense.
   113945.  A violation of any provision of this chapter or
regulation adopted pursuant to this chapter relating to facilities
held in common or shared by more than one food facility shall be
deemed a violation for which the owner, manager, or operator of each
food facility is responsible.

      Article 5.  Permit Suspension or Revocation

   113950.  Any permit may be suspended or revoked by a local
enforcement officer for a violation of this chapter.  Any food
facility for which the permit has been suspended shall close and
remain closed until the permit has been reinstated.  Any food
facility for which the permit has been revoked shall close and remain
closed until a new permit has been issued.
   Whenever a local enforcement officer finds that a food facility is
not in compliance with the requirements of this chapter, a written
notice to comply shall be issued to the permittee.  If the permittee
fails to comply, the local enforcement officer shall issue to the
permittee a notice setting forth the acts or omissions with which the
permittee is charged, and informing him or her of a right to a
hearing, if requested, to show cause why the permit should not be
suspended or revoked.  A written request for a hearing shall be made
by the permittee within 15 calendar days after receipt of the notice.
  A failure to request a hearing within 15 calendar days after
receipt of the notice shall be deemed a waiver of the right to a
hearing.  When circumstances warrant, the hearing officer may order a
hearing at any reasonable time within this 15-day period to expedite
the permit suspension or revocation process.
   The hearing shall be held within 15 calendar days of the receipt
of a request for a hearing.  Upon written request of the permittee,
the hearing officer may postpone any hearing date, if circumstances
warrant the action.
   113955.  The hearing officer shall issue a written notice of
decision to the permittee within five working days following the
hearing.  In the event of a suspension or revocation, the notice
shall specify  the acts or omissions with that the permittee is
charged, and shall state the terms of the suspension or that the
permit has been revoked.
   113960.  (a) If any immediate danger to the public health or
safety is found, unless the danger is immediately corrected, an
enforcement officer may temporarily suspend the permit and order the
food facility immediately closed.  Immediate  danger to the public
health and safety means any condition, based upon inspection findings
or other evidence, that can cause food infection, food intoxication,
  disease transmission, or hazardous condition, including, but not
limited to, unsafe food temperature, sewage contamination, nonpotable
water supply, or an employee who is a carrier of a communicable
disease.
   (b) Whenever a permit is suspended as the result of an immediate
danger to the public health or safety, the enforcement officer shall
issue to the permittee a notice setting forth the acts or omissions
with which the permittee is charged, specifying the pertinent code
section, and informing the permittee of the right to a hearing.
   (c) At any time within 15 calendar days after service of a notice
pursuant to  subdivision (b), the permittee may request in writing a
hearing before a hearing officer to show cause why the permit
suspension is not warranted.  The hearing  shall be held within 15
calendar days of the receipt of a request for a hearing.  A failure
to request a hearing within 15 calendar days shall be deemed a waiver
of the right to a hearing.
   113965.  The enforcement agency may, after providing opportunity
for a hearing, modify, suspend, or revoke a permit for serious or
repeated violations of any of the requirements of this code or for
interference in the performance of the duty of the enforcement
officer.
   113970.  A permit may be reinstated or a new permit issued if the
enforcement agency determines that conditions which prompted the
suspension or revocation no longer exist.

      Article 6.  General Sanitation Requirements

   113975.  This article governs general sanitation requirements for
food facilities as defined in this chapter.
   113980.  All food shall be manufactured, produced, prepared,
compounded, packed, stored, transported, kept for sale, and served so
as to be pure, free from contamination, adulteration, and spoilage;
shall have been obtained from approved sources; shall otherwise be
fully fit for human consumption; and shall conform to the applicable
provisions of the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)).
   113985.  Any food facility that serves or sells over the counter
directly to the consumer an unlabeled or unpackaged food that is a
confectionery that contains alcohol in excess of 1/2 of 1 percent by
weight shall provide written notice to the consumer of that fact.
The notice shall be prominently displayed or be provided in some
other manner, as determined by the department.  The department shall
adopt regulations to govern the notice required by this section in
order to effectuate the purposes of this section.

      Article 7.  Sanitation Requirements for Food Facilities

   113990.  This article governs sanitation requirements for food
facilities as defined in this chapter.
   113995.  All potentially hazardous food shall be held at or below
7 degrees Celsius (45 degrees Fahrenheit) or shall be kept at or
above 60 degrees Celsius (140 degrees Fahrenheit) at all times.  A
thermometer accurate to plus or minus 1 degree Celsius (2 degrees
Fahrenheit) shall be provided for each refrigeration unit, shall be
located to indicate the air temperature in the warmest part of the
unit and, except for vending machines, shall be affixed to be readily
visible.  Containers of potentially hazardous food displayed for
service may be placed in an ice bed or held by a similar means that
maintains the food at or below 7 degrees Celsius (45 degrees
Fahrenheit).  Except for vending machines, an accurate easily
readable metal probe thermometer suitable for measuring the
temperature of food shall be readily available on the premises.
   114000.  Raw duck, that otherwise would be readily perishable,
shall be exempt from the provisions of Section 113995 for a period
not to exceed two hours, if the duck will subsequently be cooked at
or above a temperature of 177 degrees Celsius (350 degrees
Fahrenheit) for at least 60 minutes.
   (a) Whole Chinese-style roast duck shall be exempted from Section
113995 for a period not to exceed four hours after the duck is
prepared, since the methods used to prepare these foods inhibit the
growth of microorganisms that can cause food infections or food
intoxications.
   Nothing in this section shall be construed to supersede any
provision of this chapter except the provisions specified in this
section.
   (b) For the purpose of this section, "Chinese-style roast duck"
shall include, but is not limited to, Chinese-style barbecue duck,
dry hung duck, and Peking duck.  Chinese-style roast duck means duck
that is prepared as follows:
   (1) The abdominal cavity is cleaned.
   (2) The duck is marinated.
   (3) The cavity is closed prior to cooking.
   (4) The duck is roasted at a temperature of 177 degrees Celsius
(350 degrees Fahrenheit) or more for at least 60 minutes.
   114005.  The local enforcement agency may approve the use of
legally obtained donated fish and game by nonprofit organizations
authorized to serve meals to indigent persons.
   "Fish," as used in this section, shall be defined as that term is
used in Section 45 of the Fish and Game Code.
   "Game," as used in this section, means any game bird, as defined
in Section 3500 of the Fish and Game Code, or game mammal, as defined
in Section 3950 of the Fish and Game Code.
   114010.  All food shall be prepared, stored, displayed, dispensed,
placed, transported, sold, and served as to be protected from dirt,
vermin, unnecessary handling, droplet contamination, overhead
leakage, or other contamination.
   114015.  (a) (1) No unpackaged food that has been served to any
person or returned from any eating area shall be served again or used
in the preparation of other food.
   (2) No food prepared or stored in a private home shall be used,
stored, served, offered for sale, sold, or given away in a food
facility.
   (3) Except as provided in paragraph (4), a private home shall not
be used for the purpose of giving away, selling, or handling food at
retail, as defined in Section 113875.
   (4) Nonperishable, prepackaged food may be given away, sold, or
handled from a private home.
   (b) Except as provided in subdivision (c) of Section 114080, every
bakery product shall have a protective wrapping which shall bear a
label which complies with the labeling requirements prescribed by the
Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with
Section 109875)).  Bakery products sold directly to a restaurant,
catering service, retail bakery, or sold over the counter directly to
the consumer by the manufacturer or bakery distributor shall be
exempt from this subdivision.  French style, hearth-baked, or
hard-crusted loaves and rolls shall be considered properly wrapped if
contained in an open-end bag of sufficient size to enclose the
loaves or rolls.
   114020.  All employees preparing, serving, or handling food or
utensils shall wear clean, washable outer garments, or other clean
uniforms, and shall keep their hands clean.  All employees shall wash
their hands and arms with cleanser and  warm water before commencing
work, immediately after using toilet facilities, and at other times
as are necessary to prevent contamination of food.  Legible signs
shall be posted in each toilet room directing attention to this
requirement.  All employees shall wear hairnets, caps, or other
suitable coverings  to confine all hair when required to prevent the
contamination of food or utensils.  Employees serving food shall use
tongs or other implements, rather than their hands.  No employee
shall expectorate or use tobacco in any form in any area  where food
is prepared, served, or stored or utensils are cleaned or stored.  No
                                           employee shall commit any
act that may result in contamination or adulteration of any food,
food contact surface, or utensil.  The employer shall post and
maintain "No Smoking" signs in food preparation, food storage,
utensil cleaning, and utensil storage areas.
   When information as to the possibility of disease transmission is
presented to an enforcement officer, he or she shall investigate
conditions and take appropriate action.  The enforcement officer may,
after investigation and for reasonable cause, require any or all of
the following measures to be taken:
   (a) The immediate exclusion of any employee from the affected food
facility.
   (b) The immediate closing of the food facility until, in the
opinion of the enforcement officer, no further danger of disease
outbreak exists.  Any appeal of the closure shall be made in writing
within five days to the applicable enforcement agency.
   (c) A medical examination of any employee, with any laboratory
examination that may be indicated.  Should a medical examination be
refused by an employee, the  enforcement officer may require the
immediate exclusion of the refusing employee from that or any other
food facility until an acceptable medical or laboratory examination
shows that the employee is not affected with a disease in a
communicable form.
   114025.  No insecticide, rodenticide, or other poisonous substance
shall be stored in any food preparation area, except in a separate
enclosure provided for that purpose.  All poisonous substances,
detergents, bleaches, cleaning compounds, or any other injurious or
poisonous material shall be specifically and plainly  labeled as to
contents and hazardous use and shall be stored only in their
original, labeled container.  None of these products shall be used or
stored in a manner that may cause contamination or adulteration of
food, food contact surfaces, or utensils.
   114030.  A food facility shall at all times be so constructed,
equipped, maintained, and operated as to prevent the entrance and
harborage of animals, birds, and vermin, including, but not limited
to, rodents and insects.
   114035.  Each food facility shall be provided with any facilities
and equipment necessary to store or dispose of all waste material.
All food waste and rubbish containing food waste shall be kept in
leakproof and rodentproof containers and shall be contained so as to
minimize odor and insect development by covering with close-fitting
lids or placement in a disposable bag that is impervious to moisture
and then sealed.  Trash containers inside a food facility need not be
covered during periods of operation.  All food waste and rubbish
shall be removed and disposed of in a sanitary manner as frequently
as may be necessary to prevent the creation of a nuisance.
   114040.  The premises of each food facility shall be kept clean
and free of litter, rubbish, and vermin.
   114045.  (a) Except as otherwise provided in subdivision (b), no
live animal, bird, or fowl shall be kept or allowed in any food
facility.
   (b) Subdivision (a) does not prohibit the presence, in any room
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
   (c) Subdivision (a) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while these
employees are acting within the course and scope of their employment
as private patrol persons.
   (d) The persons and operators described in subdivisions (b) and
(c) are liable for any damage done to the premises or facilities by
the dog.
   (e) The dogs described in subdivisions (b) and (c) shall be
excluded from food preparation and utensil  wash areas.  Aquariums
and aviaries shall be allowed if enclosed so as not to create a
public health problem.
   114050.  All food facilities and all equipment, utensils, and
facilities shall be kept clean, fully operative, and in good repair.

   114055.  Frozen food shall be kept frozen except as provided in
Section 114085.
   114060.  (a) Manual sanitization shall be accomplished in the
final sanitizing rinse by one of the following:
   (1) Contact with a solution of 100 ppm available chlorine solution
for 30 seconds.
   (2) Contact with a solution of 25 ppm available iodine for one
minute.
   (3) Contact with a solution of 200 ppm quaternary ammonium for one
minute.
   (4) Contact with water of at least 82 degrees Celsius (180 degrees
Fahrenheit)  for 30 seconds.
   (b) In-place sanitizing shall be as described in paragraph (1),
(2), (3), or (4) of subdivision (a).
   (c) Other methods may be used if approved by the department.
   (d) Testing equipment and materials shall be provided to
adequately measure the applicable sanitization method.
    114065. All new and replacement equipment shall meet or be
equivalent to applicable National Sanitation Foundation (NSF)
standards or, in the absence of applicable NSF standards, be approved
by the enforcement officer.
   114070.  Sulfites shall not be added to potentially hazardous
foods.

      Article 8.  Sanitation Requirements for Food Establishments

   114075.  This article governs sanitation requirements for food
establishments, as defined in this chapter.
   114080.  (a) Adequate and suitable space shall be provided for the
storage of food.  Except for large or bulky food containers, all
food shall be stored at least 15 centimeters (6 inches) off the floor
or under other conditions that are approved.  Containers may be
stored on dollies, racks, or pallets not meeting this height
requirement, if these items are easily movable.  All cartons, boxes,
or other materials used in the packaging of any food shall be
protected at all times from dirt, vermin, and other forms of
contamination or adulteration.  All returned or damaged food products
and food product from which the label has been removed shall be
separated and stored in a separate area and in a manner that will
prevent adulteration of other foods and shall not contribute to a
vermin problem.  Bulk food not stored in original packaging shall be
stored in containers identifying the food by common name.
   (b) Unpackaged food may be displayed in bulk for customer
self-service under the following conditions:
   (1) Produce and food requiring further processing may be displayed
on open counters or in containers.
   (2) Salad bars, buffet-type food service, and other ready-to-eat
food shall:
   (A) Be shielded so as to intercept a direct line between the
customer's mouth and the food being displayed, or shall be in a
container that has a tight-fitting, securely attached lid, or may be
dispensed from approved mechanical dispensers.
   (B) Be stored so as to be protected from vermin or other
contamination.
   (C) When displayed in a self-service container, shall be provided
with a utensil with a handle for dispensing the product.
   (3) Except for salad bar and buffet-type food service, a label is
conspicuously displayed in plain view of the customer and securely
attached to each self-service container, or in clear relationship
thereto, that contains all of the following:
   (A) The common name of the product.
   (B) A declaration of the ingredients used by their common or usual
name in descending order of predominance by weight.  The declaration
shall be provided in  writing to the food establishment by the
manufacturer, packer, or distributor.
   (3) Nonfood items shall be displayed and stored in an area
separate from food.
   (c) Unpackaged food may be displayed and sold in bulk in other
than self-service containers if both of the following conditions are
satisfied:
   (1) The food is served by an employee of the food establishment
directly to a consumer.
   (2) The food is displayed in clean, sanitary, and covered or
otherwise protected containers.
   (d) If the director makes a specific finding that a disease is
actually transmitted by the method of dispensing unpackaged foods, as
prescribed by this section, the director may establish by regulation
greater restrictions on the sale of that food than are required by
this section.  These regulations shall bear directly on the specific
relationship between the disease actually transmitted and the
dispensing methods permitted by this section.
   114085.  (a) All frozen food shall be kept at a temperature that
will keep the food in the frozen state until ready for processing or
preparation.  No food that has been thawed shall be refrozen unless
it has been cooked or processed.
   (b) Potentially hazardous frozen foods shall be thawed only:
   (1) In refrigeration units.
   (2) Under potable running water of sufficient velocity to flush
loose food particles into the sink drain.
   (3) In a microwave oven.
   (4) As part of the cooking process.
   114090.  (a) All utensils and equipment shall be scrapped,
cleaned, or sanitized as circumstances require.
   (b) All food establishments in which food is prepared or in which
multiservice kitchen utensils are used shall have at least a
two-compartment metal sink with two integral metal drainboards.
Additional drainage space may be provided that is not necessarily
attached to the sink.  The sink compartments and drainage facilities
shall be large enough to accommodate the largest utensil or piece of
equipment to be cleaned therein.  A one-compartment sink that is in
use on January 1, 1985, may be continued in use until replaced.
   (c) All food establishments in which multiservice consumer
utensils are used shall clean the utensils in one of the following
ways:
   (1) Handwashing of utensils using a three-compartment metal sink
with dual integral metal drainboards where the utensils are first
washed by hot water and a cleanser until they are clean, then rinsed
in clear, hot water before being immersed in a final warm solution
meeting the requirements of Section 114060.
   (2) Machine washing of utensils in machines using a hot water or
chemical sanitizing rinse shall conform to National Sanitation
Foundation (NSF) standards, and shall be installed and operated in
accordance with those standards.  The machines shall be of a type,
and shall be installed and operated as approved by the department.
The velocity, quantity, and distribution of the washwater, type and
concentration of detergent used therein, and the time the utensils
are exposed to the water, shall be sufficient to clean the utensils.
The quantity and pressure of rinse water and the time of exposure
shall provide bactericidal effectiveness equivalent to that provided
by compliance with NSF standards, or  more restrictive standards if
approved by the department.  All new spray-type dish machines
designed for hot water sanitizing shall be equipped with a
self-sealing temperature and pressure test plug.  The test plug shall
be located immediately upstream of the rinse manifold in a
horizontal position and on the machine exterior.
   (3) A two-compartment metal sink, having metal drainboards,
equipped for hot water sanitization, that is in use on January 1,
1985, may be continued in use until replaced.
   (4) Other methods may be used after approval by the department.
   (d) Hot and cold water under pressure shall be provided through a
mixing valve to each sink compartment in all food establishments
constructed on or after January 1, 1985.
   (e) All utensil washing equipment, except undercounter dish
machines, shall be provided with two integral metal drainboards of
adequate size and construction.  One drainboard shall be attached at
the point of entry for soiled items and one shall be attached at the
point of exit for cleaned and sanitized items.  Where an undercounter
dish machine is used, there shall be two metal drainboards, one for
soiled utensils and one for clean utensils, located adjacent to the
machine.  The drainboards shall be sloped and drained to an approved
waste receptor.  This requirement may be satisfied by using the
drainboards appurtenant to sinks as required in subdivision (b) and
paragraph (1) of subdivision (c), if  the facilities are located
adjacent to the machine.
   (f) The handling of cleaned and soiled utensils, equipment, and
kitchenware shall be undertaken in a manner that will preclude
possible contamination of cleaned items with soiled items.
   (g) All utensils, display cases, windows, counters, shelves,
tables, refrigeration units, sinks, dishwashing machines, and other
equipment or utensils used in the preparation, sale, service, and
display of food shall be made of nontoxic,  noncorrosive materials,
shall be constructed, installed, and maintained to be easily cleaned,
and shall be kept clean and in good repair.
   (h) Utensils and equipment shall be handled and stored so as to be
protected from contamination.  Single-service utensils shall be
obtained only in sanitary containers or approved sanitary dispensers,
stored in a clean, dry place until used, handled in a sanitary
manner, and used once only.
   114095.  An adequate, protected, pressurized, potable supply of
hot water, at least 49 degrees Celsius (120 degrees Fahrenheit), and
cold water shall be provided.  The water supply shall be from a water
system approved by the health officer or the state department.  Any
hose used for conveying potable water shall be constructed of
nontoxic materials, shall be used for no other purpose, and shall  be
clearly labeled as to its use.  The hose shall be stored and used so
as to be kept free of contamination.  The potable water supply shall
be protected with a back flow or back siphonage protection device,
as required by applicable plumbing codes.
   114100.  All plumbing and plumbing fixtures shall be installed in
compliance with local plumbing ordinances, shall be maintained so as
to prevent any contamination, and shall be kept clean, fully
operative, and in good repair.
   All liquid wastes shall be disposed of through the plumbing system
that shall discharge into the public sewerage or into an approved
private sewage disposal system.
   All steam tables, ice machines and bins, food preparation sinks,
display cases, and other similar equipment that discharge liquid
waste shall have this waste conveyed by a closed system, such as by a
tube or rigid pipe, to an approved sewer line and disposed therein
by an indirect connection.  Drainage from refrigeration units shall
be conducted in a sanitary manner to a floor sink or other approved
device by an indirect connection or to a properly installed and
functioning evaporator.  Indirect waste receptors shall be located to
be readily accessible for inspection and cleaning.  Dishwashing
machines may be connected directly to the sewer immediately
downstream from a floor drain or they may be drained through an
approved indirect connection.
   114105.  In each food establishment, there shall be provided clean
toilet facilities in good repair for use by employees.  The number
of toilet facilities required shall be in accordance with local
building and plumbing ordinances.  Toilet facilities whose
construction begins on or after January 1, 1985, and that are
provided for use by patrons, shall be so situated that patrons do not
pass through food preparation, food storage, or utensil washing
areas.  Toilet rooms shall be separated from other portions of the
food establishment by well-fitting, self-closing doors or by other
methods approved by the enforcement officer.  Toilet rooms shall  not
be used for the storage of food, equipment, or supplies.  Toilet
tissue shall be provided in a permanently installed dispenser at each
toilet.
   114110.  Amusement parks, stadiums, arenas, retail shopping
centers, and similar premises, that include food facilities and
toilet facilities within their boundaries, shall not be required to
provide toilet facilities for employee use within each food
establishment, as specified by Section 114105, if approved toilet
facilities are located within 300 feet of each food establishment and
are readily available for use by employees.  Food establishments
subject to this section shall be provided with handwashing facilities
for employee use, as required by Section 114115.
   114115.  Handwashing facilities shall be provided within or
adjacent to toilet rooms and shall be equipped with an adequate
supply of hot and cold running water under pressure.  Facilities
constructed on or after January 1, 1985, shall have that water
provided from a combination faucet, or water from a premixing faucet
that supplies warm water for a minimum of 10 seconds while both hands
are free for washing.  The number of handwashing facilities required
shall be in accordance with local building and plumbing ordinances.
Handwashing cleanser and single-use sanitary towels or hot-air
blowers shall be provided in dispensers at, or adjacent to,
handwashing facilities.  Food establishments beginning construction
or extensive remodeling on or after January 1, 1985, shall provide
facilities exclusively for handwashing within, or adjacent to, each
kitchen.
   114120.  Clean toilet facilities, in good repair, shall be
provided for patrons, guests, or invitees on property used in
connection with, or in, each food establishment with more than 20,000
square feet of floor space.
   For the purposes of this section, the gas pump area of a service
station that is maintained in conjunction with a food establishment
shall not be considered as property used in connection with the food
establishment or be considered in determining the square footage of
floorspace of the food establishment.
   There shall be at least one separate toilet facility for men and
one separate toilet facility for women.  Toilet rooms shall be
separated by well-fitted, self-closing doors that prevent passage of
flies, dust, or odors.
   Handwashing facilities, in good repair, shall be provided for
patrons, guests, or invitees within or adjacent to toilet rooms and
shall be equipped with hot and cold running water.  Handwashing
detergent or soap and sanitary towels or hot-air blowers shall be
provided at handwashing facilities in permanently installed
dispensing devices.  Notwithstanding any other provision of law,
other than Section 114125, a violation of this section shall be an
infraction.
   114125.  The requirements of Section 114120 for restroom
facilities that are accessible to patrons, guests, or invitees on the
property may be satisfied by permitting access by those persons to
the toilet and handwashing facilities that are required by other
provisions of this chapter.
   However, if the requirements of Section 114120 are satisfied by
permitting access by those persons to the toilet and handwashing
facilities that are required by other provisions of this chapter, a
violation of these provisions shall be a misdemeanor punishable
pursuant to Section 113935.
   114130.  Sections 114120 and 114125 apply only to food
establishments as to which construction is commenced on or after July
1, 1984.
   114135.  A room, enclosure, or designated area, separated from
toilets, food storage, food preparation areas, and utensil washing
areas, shall be provided where employees may change and store
clothes.  No employee shall store clothing or personal effects in any
other area on the premises.
   114140.  Ventilation shall be provided to remove gases, odors,
steam, heat, grease, vapors, or smoke from the food establishment.
   All areas shall have sufficient ventilation to facilitate proper
food storage  and to provide a reasonable condition of comfort for
any employee, consistent with the job performed by the employee.  On
or after January 1, 1985, there shall be provided mechanical exhaust
ventilation at or above all newly installed cooking equipment as
required in Article 10.4 (commencing with Section 13670) of Title 17
of, and Chapter 4-20 (commencing with Section 4-2000) of Part 4 of
Title 24 of, the California Administrative Code.
   The provisions of this section shall not apply to cooking
equipment when that equipment has been submitted to the department
for evaluation, and it has found that the equipment does not produce
toxic gases, smoke, grease, vapors, and heat when operated under
conditions recommended by the manufacturer.
   Toilet rooms shall be vented to the outside air by means of an
openable, screened window, an air shaft, or a light-switch-activated
exhaust fan, consistent with the requirements of local building
codes.
   114145.  Each food establishment, except produce stands and swap
meet prepackaged food stands, shall be fully enclosed in a building
consisting of floors, walls, and overhead structure that meet the
minimum standards prescribed by this chapter.  Food establishments
that are not fully enclosed on all sides and that are in operation on
January 1, 1985, shall not be required to meet the requirement for a
fully enclosed structure pursuant to this section.  This section
shall not be construed to require the enclosure of dining areas or
open-air barbecue facilities.
   114150.  (a) Except in sales areas of retail food establishments
and as otherwise provided in subdivision (d), the floor surfaces in
all areas in which food is prepared, packaged, or stored, where any
utensil is washed, where refuse or garbage is stored, where
janitorial facilities are located, and, except with respect to areas
relating to guestroom accommodations and the private accommodations
of owners and operators in restricted food service transient
occupancy establishments, as defined in Section 113870, in all toilet
and handwashing areas, and in employee change and storage areas
shall be smooth and of durable construction and nonabsorbent material
that is easily cleaned.
   These floor surfaces shall be coved at the juncture of the floor
and wall with a 10 millimeter (3/8 inch) minimum radius coving and
shall extend up the wall at least 10 centimeters (4 inches) except in
areas where food is stored only in unopened bottles, cans, cartons,
sacks, or other original shipping containers.
   (b) Upon new construction or extensive remodeling on or after
January 1, 1985, floor drains shall be installed as follows:
   (1) In floors that are water-flushed for cleaning.
   (2) In areas where pressure spray methods for cleaning equipment
are used.
   Floor surfaces in areas pursuant to this subdivision shall be
sloped 1:50 to the floor drains.
   (c) Upon new construction or extensive remodeling on or after
January 1, 1985, floor sinks, funnel drains, or equivalent devices
shall be installed to receive discharges of water or other fluid
waste from equipment.
   (d) Except for dining and serving areas, the use of sawdust, wood
shavings, peanut hulls, or similar materials is prohibited.
   (e) This section shall not prohibit the use of approved
dust-arresting floor sweeping and cleaning compounds during floor
cleaning operations or the use of approved antislip floor finishes or
materials in areas where necessary for safety reasons.
   (f) Food establishments that are in operation on January 1, 1985,
and in which sawdust is used as an absorbent in meat holding units
may continue this use until the floor is replaced.
   114155.  The walls and ceilings of all rooms, except for bar
areas, rooms where food is stored in unopened containers, and dining
areas, shall be of a durable, smooth, nonabsorbent, washable surface.
  Walls and ceilings of food preparation and  utensil washing areas
and interior surfaces of walk-in refrigeration units shall also be
light-colored.  Wall areas adjacent to bar sinks shall be smooth,
nonabsorbent, and washable surface.  Acoustical paneling may be
utilized providing it is installed not less than 1.8 meters (6 feet)
above the floor.  Any perforations shall not penetrate the entire
depth of the panel, shall not be greater than 3 millimeters (1/8
inch) in any dimension, and shall not comprise more than 25 percent
of the exposed panel surface.  The paneling shall otherwise meet the
requirements of this section.
   Conduits of all types shall be installed within walls as
practicable.  When otherwise installed, they shall be mounted or
enclosed so as to facilitate cleaning.
   114160.  Adequate and suitable space shall be provided for the
storage of clean linens, including apparel, towels, and cleaning
cloths.
   Soiled linens, apparel, towels, tablecloths, and cleaning cloths
shall be kept in cleanable containers provided only for this purpose
and shall not be reused until they have been laundered.
   114165.  (a) A room, area, or cabinet separated from any food
preparation or storage area, or utensil washing or storage area,
shall be provided for the storage of cleaning equipment and supplies,
such as mops, buckets, brooms, cleansers, and waxes.
   (b) Any food establishment constructed or extensively remodeled on
or after January 1, 1985, shall be equipped with at least one of the
following to be used exclusively for general cleaning purposes and
for the disposal of mop bucket wastes and other liquid wastes:
   (1) A one-compartment, nonporous janitorial sink.
   (2) A slab, basin, or floor constructed of concrete or equivalent
material, curbed and sloped to a drain.  Such facilities shall be
connected to approved sewerage and provided with hot and cold running
water through a mixing valve and protected with a backflow
protection device.
   114170.  In every room and area in which any food is prepared,
manufactured, processed, or packaged, or in which utensils are
cleaned, sufficient natural or artificial lighting shall be provided
to produce an intensity of not less than 215 lux (20 footcandles) as
measured 76 centimeters (30 inches) above the floor, except that the
working surfaces on which alcoholic beverages are prepared or where
utensils used in the preparation or service of alcoholic beverages
are cleaned, shall be provided with at least 108 lux (10 footcandles)
of light.  Food and utensil storage rooms, refrigeration storage,
and toilet and dressing rooms shall be provided with at least 108 lux
(10 footcandles) of light.  Light fixtures in areas where food is
prepared or where open food is stored or where utensils are cleaned
shall be of shatterproof construction or shall be protected with
shatterproof shields and shall
         be readily cleanable.
   During general cleanup activities, at least 215 lux (20
footcandles) of light, measured 76 centimeters (30 inches) above the
floor, shall be provided in the area being cleaned, including, but
not limited to, areas where alcoholic beverages are prepared or
served.
   114175.  No sleeping accommodations shall be maintained or kept in
any room where food is prepared, stored, or sold.  All living and
sleeping quarters shall be separated from the food establishment.  No
door or other opening shall be permitted in the partition that
separates the food establishment from the living or sleeping
quarters.
   114180.  (a) The department shall adopt and approve first aid
instructions designed and intended for use in removing food that may
become stuck in a person's throat.  These instructions shall be
limited to first aid techniques not involving the use of any physical
instrument or device inserted into the victim's mouth or throat.
   (b) The department shall supply to the proprietor of every on-site
eating establishment adopted and approved instructions pursuant to
subdivision (a).  The proprietor shall post the instructions in a
conspicuous place or places, which may include an employee notice
board, in order that the instructions may be consulted by anyone
attempting to provide relief to a victim in a choking emergency.
   (c) In the absence of other evidence of noncompliance with this
section, the fact that the instructions were not posted as required
by this section at the time of a choking emergency shall not in and
of itself subject the proprietor or his or her employees or
independent contractors to liability in any civil action for damages
for personal injuries or wrongful death arising from a choking
emergency.
   (d) Nothing in this section shall impose any obligation on any
person to remove, assist in removing, or attempt to remove food that
has become stuck in another person's throat.  In any action for
damages for personal injuries or wrongful death, neither the
proprietor nor any person who removes, assists in removing, or
attempts to remove the food in accordance with instructions adopted
by the department shall be liable for any civil damages as a result
of any acts or omissions by the person in rendering emergency
assistance.

      Article 9.  Open Air Barbecue Facilities

   114185.  This article governs sanitation requirements for open-air
barbecue facilities as defined in this chapter.
   114190.  Notwithstanding the provisions of this chapter, neither
the state department nor any city, county, or city and county shall
require the enclosure of an open-air barbecue facility if the
appropriate enforcement officer determines that the barbecue facility
meets all of the following requirements:
   (a) The facility is operated on the same premises as, in
reasonable proximity to, and in conjunction with, a food
establishment, temporary food facility, or stationary mobile food
preparation unit.
   (b) All food waste and rubbish containing food waste is handled in
accordance  with the requirements of Section 114035.
   (c) The facility is operated in compliance with Articles 6
(commencing with Section 113975) and 7 (commencing with Section
113990), except for Sections 114030, 114045, and 114060.
   (d) The multiservice utensils and equipment used in conjunction
with the open-air barbecue facility are made of nontoxic materials,
are constructed and maintained in a manner so they can be easily
cleaned, and are kept clean and in good repair.
   (e) Food and beverages served out of doors are dispensed from
units approved by the enforcement officer.  No other food may be
prepared or stored in the out of doors, except for food cooked on the
open-air barbecue unit.
   (f) (1) Except as otherwise provided in paragraph (2), no live
animals, birds, or fowl shall be kept or allowed in an area within 20
feet of any area where food or beverage is prepared, stored, kept,
or served.
   (2) Paragraph (1) does not prohibit the presence, in any area
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
   (3) Paragraph (1) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while those
employees are acting within the course and scope of their employment
as private  patrol persons.
   (4) Those persons and operators described in paragraphs (2) and
(3) are liable for any damage done to the premises or facilities by
the dog.
   (g) If the barbecue facility is a permanent structure, it is
equipped with an impervious and easily cleaned floor surface that
extends a minimum of five feet from the open-air barbecue facility on
all open sides.
   (h) The barbecue facility is located in an area reasonably
protected from dust, as determined by the enforcement officer.
   (i) The barbecue facility is not operated in, or out of, any motor
vehicle or  in any area or location that may constitute a fire
hazard, as determined by the  enforcement officer.  For  the purposes
of this section, a motor vehicle does not include a stationary
mobile food preparation unit, as defined in Section 113890.
   (j) Sanitary facilities, including, but not limited to, toilet
facilities and  handwashing facilities shall be available for use
within 200 feet of the barbecue facility and shall comply with all
provisions of this chapter.  Sanitary facilities that do not meet the
requirements of this chapter shall not be located closer to the
barbecue facility than the sanitary facilities required to be
provided by this section.
   114195.  No air pollution control district or air quality
management district shall require the enclosure of an open-air
barbecue facility if the appropriate enforcement officer determines
that the barbecue facility meets all requirements prescribed by
Section 114190.

      Article 10.  Vending Machines

   114200.  This article governs sanitation requirements for vending
machines as defined in this chapter.
   114205.  Each vending machine or machine location shall have
posted in a prominent place a sign indicating the owner's name,
address, and telephone number.
   114210.  All food shall be stored and packaged in clean, protected
containers, and handled, transported, and vended in a sanitary
manner.  Wet storage of packaged products is prohibited.
   Potentially hazardous food shall be dispensed to the consumer in
the original package into which it was placed at the commissary or
processing plant.  Bulk potentially hazardous food is prohibited.
   114215.  All food contact surfaces shall be cleaned and sanitized
either in place in a machine so designed and approved or by removing
from the machine and cleaning and sanitizing at an approved facility.

   All food contact surfaces when removed from the machine after
cleaning and sanitizing shall be protected from contamination before
being returned to the machine.
   A record of cleaning and sanitizing shall be maintained by the
operator in each machine and shall be current for at least the past
30 days.
   114220.  Single-service containers that are used in machines
dispensing products in bulk, shall be obtained in sanitary packages,
shall be stored in a clean,  dry place until used, and shall be
handled in a sanitary manner.  The containers shall be stored in the
original package until introduced into the container magazine or
dispenser of the vending machine.  The containers stored within the
vending machine shall be protected from manual contact, dirt, vermin,
and other contamination.
   114225.  Each vending machine shall be located in a room, area, or
space that shall minimize the potential for contamination of food.
The floor area upon which vending machines are located shall be
smooth, of cleanable construction, and capable of withstanding
repeated washing and scrubbing.
   114230.  Water used in vending machines shall be potable.
   114235.  While in transit to machine locations, food,
single-service containers, and equipment shall be protected from
dirt, vermin, and other contamination.
   114240.  On or after January 1, 1985, all vending machines shall
be constructed in accordance with National Sanitation Foundation or
National Automatic Merchandizing Association standards, or the
equivalent thereof.
   114245.  Vending machines shall meet all the requirements of
Article 6 (commencing with Section 113975) and applicable sections of
Article 7 (commencing with Section 113990).

      Article 11.  Vehicles

   114250.  This article governs sanitation requirements for vehicles
as defined in this chapter.
   114255.  The name, address, and telephone number of the owner,
operator, permittee, business name, or commissary shall be clearly
and permanently indicated on both sides of a vehicle exterior.  The
name shall be in letters at least 8 centimeters (3 inches) high and
shall have strokes at least 1 centimeter (3/8 inch) wide, and shall
be of a color contrasting with the vehicle exterior.  Letters for
address and telephone numbers shall not be less than 2.5 centimeters
(1 inch) high.
   114260.  (a) Equipment on a vehicle, including the interior of
cabinet units or compartments, shall be equipped so as to have
smooth, easily accessible, and easily cleanable surfaces.  Unfinished
wooden surfaces are not permitted.  Construction joints shall be
tightly fitted and sealed so as to be readily cleanable.  Equipment,
including utensils, shall be constructed of nontoxic materials and
shall be readily cleanable.
   (b) All food displayed, sold, or offered for sale from vehicles
shall be prepackaged at a facility approved by the enforcement agency
except as provided in Sections 114265 and 114275.
   (c) During operation, no food shall be stored, displayed, or
served from any place other than the vehicle.
   (d) Food condiments shall be protected from contamination and,
where available for self-service, shall be prepackaged or available
only from approved dispensing devices.
   (e) During transportation and storage, food and food contact
surfaces shall be protected from contamination.
   (f) All vehicles shall operate out of a commissary or other
facility approved by the enforcement agency.  Vehicles shall report
to the commissary at least once each operating day for cleaning and
servicing operations.  In addition, vehicles whereon nonprepackaged
hot dogs are handled shall be properly stored at a commissary or
other facility approved by the enforcement agency so as to be
protected from unclean or unsanitary conditions.
   (g) Food products remaining after each day's operation shall be
stored only in an approved food facility.
   (h) Utensils and equipment shall be handled and stored so as to be
protected from contamination.  Single-service utensils shall be
obtained only in sanitary containers or approved sanitary dispensers,
stored in a clean, dry place until used, handled in a sanitary
manner, and used once only.
   (i) All waste water shall be drained to an approved water
receptor.
   (j) Potentially hazardous foods shall be maintained at or below 7
degrees Celsius (45 degrees Fahrenheit) or at or above 60 degrees
Celsius (140 degrees Fahrenheit) at all times.
   (k) Vehicular food sales shall be conducted within 60 meters (200
feet) of approved and readily available toilet and handwashing
facilities or as otherwise approved by the enforcement officer to
ensure proper sanitary facilities are available to the vehicle
employee.
   114265.  (a) The following foods may be sold from vehicles in an
unpackaged state, provided the storage, display, and dispensing
methods are approved by the enforcement agency:
   (1) Popcorn.
   (2) Nuts.
   (3) Produce.
   (4) Pretzels and similar bakery products.
   (5) Candy.
   (6) Hot dogs.
   (7) Snow cones.
   (8) Whole fish and whole aquatic invertebrates.
   (9) Frozen ice cream bars that meet the requirements of
subdivision (d).
   (10) Cappuccino, espresso, cafe latte, cafe macchiato, mocha, hot
chocolate, and other coffee-based or cocoa-based beverages that may
contain cream, milk, or similar dairy products, to be made and
immediately served to the consumer.
   (b) Hot and cold beverages that are not potentially hazardous, as
defined in Section 113845, may be sold from approved bulk dispensing
units.
   (c) (1) Vehicles selling or offering for sale nonprepackaged
foods, as specified in subdivision (a), except produce and approved
beverages made without cream, milk, or similar dairy products, shall
be equipped with a food compartment as specified in subdivision (a)
of Section 114275.
   (2) In addition, those vehicles handling nonprepackaged hot dogs,
popcorn, frozen ice cream bars, snow cones, or beverages described in
paragraph (10) of subdivision (a) shall comply with subdivisions
(b), (c), (d) and (e) of Section 114275.
   (3) Vehicles selling unpackaged frozen ice cream bars and
beverages described in paragraph (10) of subdivision (a) shall have
overhead protection, utensils and equipment equal or equivalent to
National Sanitation Foundation Standards, a commissary for cleaning
utensils, compartments, and vessels used for product storage, and
shall also meet all sanitary design and operating requirements of the
local enforcement officials.  Vehicles selling unpackaged frozen ice
cream bars or holding cream, milk, or similar dairy products shall
be equipped with refrigeration units, as described in Section 113860.

   (4) Those vehicles handling unpackaged whole fish and aquatic
invertebrates shall comply with subdivision (e) of Section 114275,
for drainage of waste water from display and storage compartments.
   (d) Frozen ice cream bars may be sold from vehicles in an
unpackaged state if the frozen ice cream bars are prepackaged at a
facility approved by the enforcement agency pursuant to subdivision
(b) of Section 114260 and unpackaged for the purpose of adding
condiments.
   114270.  All potentially hazardous food shall be prepackaged in an
approved facility except as provided in Section 114275.  A tamale
shall be considered prepackaged if dispensed to the customer in its
original, inedible wrapper.
   114275.  Vehicles on which nonprepackaged hot dogs, popcorn, or
snowcones are sold or offered for sale shall, in addition to the
requirements of Section 114260, be constructed and equipped as
follows:
   (a) The food compartment shall be completely closed.  The opening
to the food compartment shall be sufficiently large to permit food
assembly and service operations and shall be provided with a tightly
fitted closure that, when closed, protects interior surfaces from
dust, debris, and vermin.  All food compartments and food contact
surfaces shall be constructed so as to be smooth, easily accessible,
and easily cleanable.
   (b) A one-compartment metal sink furnished with warm running water
that is at least 38 degrees Celsius (101 degrees Fahrenheit) and
cold water.  The sink shall be of a size suitable for washing hands
and utensils.
   (c) Handwashing cleanser and single-service towels.
   (d) A water supply tank of at least 18 liters (5 gallons)
capacity.
   (e) A waste water tank of at least 28 liters (7.5 gallons)
capacity.
   114280.  Vehicles on which nonprepackaged hot dogs, popcorn, or
snowcones are sold or offered for sale that operate exclusively on
premises wherein approved toilet, handwashing, and utensil washing
facilities are readily available and within 60 meters (200 feet)
shall be exempt from the requirements of subdivisions (b) through (e)
of Section 114275.
   Vehicles subject to this section which were in operation as of
July 1, 1986, shall not be required to meet the requirements of this
article relating to utensil washing facilities, as long as an
approved reserve supply of utensils is maintained on the vehicle.

      Article 12.  Mobile Food Preparation Units, Stationary Mobile
Food Preparation Units, and Commissaries

   114285.  This article governs sanitation requirements for mobile
food preparation units, stationary mobile food preparation units, and
commissaries as defined in this chapter.
   114290.  (a) All mobile food preparation units, stationary mobile
food preparation units, and commissaries shall meet the applicable
requirements in Article 6 (commencing with Section 113975), Article 7
(commencing with Section 113990), and Article 8 (commencing with
Section 114075), unless specifically exempted from any of these
provisions as provided in this article, and shall meet Article 10
(commencing with Section 13600) of, and Article 10.1 (commencing with
Section T17-13611) of Subchapter 2 of Chapter 5 of Part 1 of Title
17 of the California Code of Regulations, except that a hose used for
filling water tanks and used for cleaning the interior of a mobile
food preparation unit from a commissary that services mobile food
preparation units is not required to be kept at least four feet above
the ground at all times if the hose is equipped with a quick
disconnect device, retrofitted on the end of the hose so that it
seals the opening when not in use.  Hoses inside the mobile
preparation unit and potable water tank connectors shall have
matching connecting devices.  Devices for external cleaning may not
be used inside the mobile preparation unit for potable water
purposes.  Hoses and faucets equipped with quick connect and
disconnect devices for these purposes shall be deemed to meet the
requirements of Section T17-13613 of Title 17 of the California Code
of Regulations.  Mobile food preparation units and stationary mobile
food preparation units shall be exempt from the requirements of
Sections 114105 and 114135, and subdivision (b) of Section 114165.
   (b) Each stationary mobile food preparation unit shall be
certified pursuant to Article 10 (commencing with Section 13600) of
Subchapter 2 of Chapter 5 of Part 1 of Title 17 of the California
Code of Regulations before commencing operation each calendar year.
The local enforcement agency shall address all applicable
construction standards and submit proof of certification to the state
department.  Construction recertification within a calendar year
shall not be required unless either of the following occurs:
   (1) Where structural modifications are made.
   (2) Where otherwise required by the state department.
   The state department may issue an annual certificate of compliance
for each certified vehicle, as required by regulation.
   114295.  All mobile food preparation units shall operate out of a
commissary or other facility approved by the enforcement agency.
Mobile food preparation units shall report to the commissary at least
once each operating day for cleaning and servicing operations,
except as otherwise approved by the enforcement officer.
   114300.  Stationary mobile food preparation units may include a
staffed counter that serves hot and cold beverages that are not a
potentially hazardous food as defined in Section 113845, and that are
dispensed from approved bulk dispensing units.
   114305.  (a) The enforcement agency may permit storage of supplies
and food, that is not a potentially hazardous food as defined in
Section 113845, in unopened containers adjacent to a stationary
mobile food preparation unit, or in unopened containers in a nearby
temporary storage unit.
   (b) As used in this section, "unopened container" means a factory
sealed container that has not been previously opened, that is
suitably constructed to be resistant to contamination from moisture,
dust, insects, and rodents.

      Article 13.  Temporary Food Facilities

   114310.  This article governs sanitation requirements for
temporary food facilities as defined in this chapter.
   114315.  (a) Floors shall be smooth and cleanable.  The use of
sawdust or similar materials is prohibited.
   (b) Walls and ceilings shall be constructed of either wood,
canvas, plastic, or similar material and fine mesh fly screening and
shall completely enclose the facility.  Facilities wherein all food
and beverage is prepackaged at a facility approved by the local
enforcement officer shall not be required to be fully enclosed with
fly screening.  Food service openings shall be equipped with
tightfitting closures to minimize the entrance of insects.
   (c) Except where all food and beverage is prepackaged, handwashing
and utensil washing facilities approved by the enforcement officer
shall be provided within temporary food facilities.
   (d) Facilities for the sanitary disposal of all liquid waste shall
be subject to the approval of the enforcement officer.
   (e) At least one toilet facility for each 15 employees shall be
provided within 60 meters (200 feet) of each temporary food facility.

   (f) Food contact surfaces shall be smooth, easily cleanable, and
nonabsorbent.
   114320.  (a) All food shall be prepared in a food establishment or
on the premises of a temporary food facility.  No food or beverage
stored or prepared in a private home may be offered for sale, sold,
or given away from a temporary food facility.
   (b) All food and beverage shall be protected at all times from
unnecessary handling and shall be stored, displayed and served so as
to be protected from contamination.
   (c) Potentially hazardous food and beverage shall be maintained at
or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 60
degrees Celsius (140 degrees Fahrenheit) at all times.
   (d) Ice used in beverages shall be protected from contamination
and shall be maintained separate from ice used for refrigeration
purposes.
   (e) All food and food containers shall be stored off the floor on
shelving or pallets located within the facility.
   (f) Smoking is prohibited in temporary food facilities.
   (g) (1) Except as provided in paragraph (2), live animals, birds,
or fowl shall not be kept or allowed in temporary food facilities.
   (2) Paragraph (1) does not prohibit the presence, in any room
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
   (3) Paragraph (1) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while these
employees are acting within the course and scope of their employment
as private patrol persons.
   (4) The persons and operators described in paragraphs (2) and (3)
are liable for any damage done to the premises or facilities by the
dog.
   (5) The dogs described in paragraphs (2) and (3) shall be excluded
from food preparation and utensil wash areas.  Aquariums and
aviaries shall be allowed if enclosed so as not to create a public
health problem.
   (h) All garbage shall be disposed of in a manner approved by the
enforcement officer.
   (i) Employees preparing or handling food shall wear clean clothing
and shall keep their hands clean at all times.
   114325.  The enforcement officer may establish additional
structural or operational requirements as necessary to ensure that
food is of a safe and sanitary quality.
   114330.  Open-air barbecue facilities may be operated adjacent to
temporary food facilities with the approval of the enforcement
officer and subject to the requirements of Article 9 (commencing with
Section 114185).

      Article 14.  Produce Stands

   114335.  This article governs sanitation requirements for produce
stands as defined in this chapter.
   114340.  (a) Produce stands operated by a producer selling or
offering for sale produce or shell eggs, or both, are exempt from
this chapter, provided the produce stand is operated on premises
controlled by the producer.
   (b) For purposes of this section, "producer" means a person or
entity who produces shell eggs, fruits, nuts, or vegetables by
practice of the agricultural arts upon land that the person or entity
controls.
   (c) Except as otherwise provided in this chapter, all other
produce stands shall meet the requirements of  Article 6 (commencing
with Section 113975), Article 7 (commencing with Section 113990), and
Article 8 (commencing with Section 114075).
   (d) Notwithstanding subdivision (c), all other produce stands
shall also meet all of the following requirements:
   (1) All food shall be stored at least 46 centimeters (18 inches)
off the floor, except that food stored in a walk-in refrigeration
unit shall be stored at least 13 centimeters (5 inches) off the
floor.
   (2) Food preparation is prohibited.
   (3) Foods, other than trimmed produce and shell eggs, shall not be
kept at these food establishments.  This shall not apply to retail
dairy processing rooms.
   (e) A produce stand shall have no more than one side open to the
outside air during business hours.

      Article 15.  Certified Farmers' Markets

   114345.  This article governs general sanitation requirements for
certified farmers' markets, as defined in this chapter.
   114350.  Certified farmers' markets shall meet the provisions of
Article 6 (commencing with Section 113975) and, in addition, shall
meet all of the following requirements:
   (a) All food shall be stored at least 15 centimeters (6 inches)
off the floor or ground or under any other conditions which are
approved.
   (b) Food preparation is prohibited at certified farmers' markets
with the exception of the food samples.  Distribution of food samples
is allowed provided that the following sanitary conditions exist:
   (1) Samples shall be kept in approved, clean, covered containers.

   (2) All food samples shall be distributed by the producer in a
sanitary manner.
   (3) Clean, disposable plastic gloves shall be used when cutting
food samples.
   (4) Food intended for sampling shall be washed, or cleaned in
another manner, of any soil or other material by potable water in
order that it is wholesome and safe for consumption.
   (5) Potable water shall be available for hand washing and
sanitizing as approved by the local enforcement agency.
   (6) Potentially hazardous food samples shall be maintained at or
below 45 degrees fahrenheit.  All other food samples shall be
disposed of within two hours after cutting.
   (7) Utensil and hand washing water shall be disposed of in a
facility connected to the public sewer system or in a manner approved
by the local enforcement agency.
   (8) Utensils and cutting surfaces shall be smooth, nonabsorbent,
and easily cleaned or disposed of as approved by the local
environmental health agency.
   (c) Approved toilet and hand washing facilities shall be available
within 60 meters (200 feet) of the premises of the certified farmers'
market or as approved by the enforcement officer.
   (d) No live animals, birds, or fowl shall be kept or allowed
within 6 meters (20 feet) of any area where food is stored or held
for sale.  This subdivision does not apply to guide dogs, signal
dogs, or service dogs when used in the manner specified in Section
54.1 of the Civil Code.
   (e) All garbage and rubbish shall be stored, and disposed of, in a
manner approved by the enforcement officer.
   (f) Notwithstanding Article 11 (commencing with Section 114250),
vendors selling food adjacent to and under the jurisdiction and
management of a certified farmers' market may store, display, and
sell from a table or display fixture apart from the vehicle, in a
manner approved by the local enforcement agency.
   (g) This section shall be repealed on January 1, 1997.
   114350.  Certified farmers' markets shall meet the provisions of
Article 6 (commencing with Section 113975) and, in addition, shall
meet all of the following requirements:
   (a) All food shall be stored at least 15 centimeters (6 inches)
off the floor or ground or under any other conditions which are
approved.
   (b) Food preparation is prohibited.
   (c) Approved toilet and hand washing facilities shall be available
within 60 meters (200 feet) of the premises of the certified farmers'
market or as approved by the enforcement officer.
   (d) No live animals, birds, or fowl shall be kept or allowed
within 6 meters (20 feet) of any area where food is stored or held
for sale.  This subdivision does not apply to guide dogs, signal
dogs, or service dogs when used in the manner specified in Section
54.1 of the Civil Code.
   (e) All garbage and rubbish shall be stored, and disposed of, in a
manner approved by the enforcement officer.
   (f) This section shall become operative on January 1, 1997.

      Article 16.  Swap Meet Prepackaged Food Stands

   114360.  (a) Swap meet prepackaged food stands operated by a swap
meet operator offering prepackaged food for sale at a swap meet shall
meet the requirements of Article 6 (commencing with Section 113975),
Article 7 (commencing with Section 113990), and Article 8
(commencing with Section 114075).
   (b) Notwithstanding subdivision (a), swap meet prepackaged food
stands shall also meet the following requirements:
   (1) Food preparation is prohibited.
   (2) Foods, other than prepackaged foods, shall not be kept at
these food facilities.
   (3) Foods that are potentially hazardous as defined in Section
113845 may not be sold.

      Article 17.  Satellite Food Distribution Facilities

   114363.  This article governs general sanitation requirements for
satellite food distribution facilities as defined in this chapter.
   114365.  All satellite food distribution facilities shall be
subject to the applicable provisions of Article 6 (commencing with
Section 113975) and Article 7 (commencing with Section 113990) and,
in addition, shall meet all of the following requirements:
   (a) All utensils and equipment shall be scrapped, cleaned, or
sanitized as circumstances require.
   (b) Utensils and equipment shall be handled and stored so as to be
protected from contamination.  Single-service utensils shall be
contained only in sanitary  containers or approved sanitary
dispensers, stored in a clean, dry place until used, handled in a
sanitary manner, and used once only.

      Article 18.  Restricted Food Service Transient Occupancy
Establishments

   114368.  This article governs general sanitation requirements for
restricted food service transient occupancy establishments, as
defined in Section 113870.
   114370.  Except as otherwise set forth in this article, restricted
food service transient occupancy establishments shall meet the
applicable requirements in Article 6 (commencing with Section
113975), Article 7 (commencing with Section 113990), and Article 8
(commencing with Section 114075).
   114375.  For purposes of Section 114015, a restricted food service
transient occupancy establishment shall not be deemed to be a
"private home" solely because the owner or operator thereof resides
on the premises or prepares on the premises food for his or her
consumption and that of his or her family.
   114380.  Notwithstanding Section 114020, restricted food service
transient occupancy establishments shall not be required to post
signs in toilet rooms in guestrooms.
   114385.  Restricted food service transient occupancy
establishments shall be exempt from Section 114045; provided,
however, that no live animal, bird, or fowl shall be kept or allowed
in any portion of the premises where food for the registered guests
of the establishment is used, stored, served, offered for sale, or
given away.  Aquariums and aviaries shall be allowed if enclosed so
as not to create a public health problem.
   114390.  Restricted food service transient occupancy
establishments shall be exempt from Section 114065; provided,
however, that the enforcement officer shall have the right to
disapprove any new or replacement equipment that would create a
public health problem.
   114395.  Restricted food service transient occupancy
establishments shall be exempt from the provisions of Section 114135;
provided, however, that no person shall store clothing or personal
effects in any area used for the storage or preparation of food.
   114400.  (a) All utensils and equipment shall be scrapped,
cleaned, or sanitized as circumstances require.
   (b) Restricted food service transient occupancy establishments
shall comply with the provisions of subdivisions (b) to (e),
inclusive, of Section 114090 or, at the option of the owner or
operator of the establishment, shall utilize a domestic or commercial
dishwasher for the purpose of cleaning and sanitizing multiservice
kitchen utensils and multiservice consumer utensils; provided,
however, that the dishwasher is capable of providing heat to the
surface of the utensils of a temperature of at least 165 degrees
Fahrenheit.  Except as otherwise set forth in this subdivision,
restricted food service transient occupancy establishments shall
comply with Section 114090.
   114405.  Notwithstanding Section 114100, food preparation sinks in
restricted food transient occupancy establishments need not have
indirect sewer connections.
   114410.  Restricted food service transient occupancy
establishments shall be exempt from the provisions of Section 114140;
provided, however, that ventilation shall be provided to remove
gases, odors, steam, heat, grease, vapors and smoke from the food
establishment.  In the event that the enforcement officer determines
that the ventilation must be mechanical in nature, the ventilation
shall be accomplished by methods approved by the department.
   114415.  In restricted food service transient occupancy
establishments, only new and replacement walls and ceilings (or their
coverings) need comply with Section 114155; provided, however, that
all walls and ceilings (and their coverings) must be maintained in a
clean and sanitary condition.
   114420.  Restricted food service transient occupancy
establishments shall be exempt from the provisions of subdivision (b)
of Section 114165; provided, however, that hot water must be
available for janitorial purposes and that waste water from
janitorial activities cannot be disposed of in any sink used for
washing utensils or for the preparation of food.
   114425.  Restricted food service transient occupancy
establishments shall be exempt from Section 114175.  However, no
sleeping accommodations shall be allowed in any area where food is
stored, prepared, or served.
   114430.  All food intended for consumption by guests shall be from
an approved source.  The use of home canned foods and meat and dairy
products from unapproved sources is prohibited.

      Article 19.  Food Facility Food Donations

   114435.  Any food facility may donate, free of charge, food to a
food bank or to any other nonprofit charitable organization for
distribution to persons free of charge.
   114440.  For the purposes of this article, "nonprofit charitable
organization" means any organization that was organized and is
operating for charitable purposes and meets the requirements of
Section 214 of the Revenue and Taxation Code.
   114445.  For the purposes of this article, "food bank" means  a
surplus food collection and distribution system operated and
established to assist in bringing donated food to nonprofit
charitable organizations and individuals for the purpose of reducing
hunger and nutritional needs.
   114450.  No food facility that donates food as permitted by this
article shall  be subject to civil or criminal liability or penalty
for violation of any laws,  regulations, or ordinances regulating the
labeling or packaging of the donated product or, with respect to any
other laws, regulations, or ordinances, for a violation occurring
after the time of the donation.
   114455.  The immunities provided in this article and by Section
1714.25 of the Civil Code are in addition to any other immunities
provided by law including those provided by Chapter 5 (commencing
with Section 58501) of Part 1 of Division 21 of the Food and
Agricultural Code.

      PART 8.  OCCUPATIONAL HEALTH (Reserved)
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      PART 9.  RADIATION
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  RADIATION PROTECTION ACT OF 1988
      Article 1.  Radiation Protection

   114650. (a) As used in this chapter:
   (1) "Office" means the Office of Emergency Services.
   (2) "Department" means the State Department of Health Services.
   (3) "Emergency planning zone" means a zone identified in state and
local government emergency plans where immediate decisions for
effective public protective action may be necessary.
   (4) "Ingestion pathway zone" means the 50-mile radius around each
of the state's nuclear powerplants in which protective actions may be
required to protect the food chain in the event of an emergency.
   (5) "Site" means the location of a nuclear powerplant and its
surrounding emergency planning zone.
   (6) "Plume emergency phase" means the period beginning at the
onset of an emergency at a nuclear powerplant when immediate
decisions for public protective actions are needed.
   (7) "Ingestion pathway phase" means the period beginning after any
release of radioactive material from a nuclear powerplant accident
when the plume emergency phase has ceased, and reliable environmental
measurements are available for making decisions on additional
protective actions to protect the food chain.  The main concern is to
prevent exposure from ingestion of contaminated water or food, such
as milk, fresh vegetables, or aquatic foodstuffs.
   (8) "Recovery and reentry phase" means the period when actions
designed to reduce radiation levels in the environment to acceptable
levels for unrestricted use are commenced, and ending when all
recovery actions have been completed.
   (9) "Local government" means a city or county that provides
emergency response for a nuclear powerplant emergency.
   (10) "Local jurisdiction" means an entity that provides emergency
response for a nuclear powerplant emergency in accordance with the
plans of a local government.
   (11) "Interjurisdictional Planning Committee" means the planning
committee, comprised of representatives of the Counties of Orange and
San Diego, the Cities of Dana Point, San Clemente, San Juan
Capistrano, the Camp Pendleton Marine Corps Base, the State
Department of Parks and Recreation, and the Southern California
Edison Company, established as a mechanism for coordinating
integrated preparedness and response in the event of an emergency at
the San Onofre Nuclear Generating Station.
   114655.  The Legislature hereby finds and declares as follows:
   (a) Existing law requires the development of a nuclear powerplant
emergency response program by state and local jurisdictions based on
federal and state criteria.
   (b) The office, in consultation with the department and the
counties, has investigated the consequences of a serious nuclear
powerplant accident and has established emergency planning zones for
direct plume exposure and ingestion radiation pathways.  These zones
imply mutually supportive emergency planning and preparedness
arrangements by all levels of government.
   (c) An integrated emergency planning program is necessary for the
benefit of the citizens within the planning zones.
   (d) It is the intent of the Legislature that the office should be
responsible for the coordination and integration of all emergency
planning programs and response plans.  The department has the lead
technical role in the ingestion pathway and recovery and reentry
phases.  The office will coordinate the department's support to local
government.  The state provides support to local government during
the plume emergency phase and has the lead role in the ingestion
pathway and recovery and reentry phases.
   (e) It is the intent of the Legislature that local government
shall be responsible for developing and maintaining an organization
capable of implementing protective actions which safeguard public
health and safety.  Local government has the lead role in the plume
emergency phase, and supports the state in the ingestion pathway and
recovery and reentry phases.
   (f) It is further the intent of the Legislature that nothing in
this chapter shall limit the activities of any government carrying
out its general responsibilities pertaining to the public health and
safety aspects of emergency response.

      Article 2.  Responsibilities of the Department

   114660.  (a) The office shall be responsible for the coordination
and integration of all emergency planning programs and response
plans.  The office shall also coordinate resources and activities to
implement protective measures for safeguarding public health and
safety.
   (b) The office shall perform the following duties and functions:
   (1) Coordinate the activities of all state agencies relating to
preparation and implementation of the State Nuclear Powerplant
Emergency Response Plan.  The office shall be the focal point for
coordinating nuclear powerplant emergency preparedness activities
with local jurisdictions, other state agencies, federal agencies and
other organizations.
   (2) Exercise explicit, ultimate authority for allocating funds
from the Nuclear Planning Assessment Special Account to local
jurisdictions.
   (3) Participate in exercises of the state's nuclear emergency
response plan at least biennially to ensure that state personnel are
adequately trained to respond in the event of an actual emergency.
The exercises shall include the department and other relevant state
agencies, and the office shall activate the State Operations Center
of the office for each exercise.
   (4) Perform an independent accident assessment, at the time of an
emergency, in conjunction with the department.  The office shall also
review protective action recommendations given to local jurisdiction
representatives in the dose assessment center.
   (5) Coordinate planning guidance to state agencies and local
jurisdictions.
   (6) Develop and maintain the State Nuclear Powerplant Emergency
Response Plan and procedures necessary to carry out those
responsibilities and review and approve state agency plans in draft
prior to publication.
   (7) Exercise discretionary authority regarding the formation of
interagency agreements with state agencies having local emergency
responsibilities.  The purpose of the interagency agreement is to
ensure state agencies have updated emergency plans and trained
emergency response personnel to respond during the plume emergency
phase.
   (8) Annually prepare and submit a report to any joint committee
and Senate and Assembly policy committee with jurisdiction over
emergency and disaster services which includes all of the following:

   (A) A description of the purpose of all nuclear emergency response
exercises in the state involving local and state authorities.
   (B) A description of state and local government roles in each
exercise.
   (C) An accounting of revenues from each utility and a description
of expenditures of special account funds by each jurisdiction and the
state.
   (D) A description of all nuclear emergency response training and
education efforts undertaken by the state and local agencies, and
identification of any additional training and educational needs.
   (E) Recommendations consistent with this chapter.
   (9) Conduct a study similar to that described in Section 8610.3 of
the Government Code, for any nuclear powerplant with a generating
capacity of 50 megawatts or more that is proposed for certification
in this state.
   114665.  (a) The department shall have the lead technical role in
the ingestion pathway and recovery and reentry phases of a nuclear
powerplant emergency.  The department shall ensure that its ingestion
pathway and recovery and reentry plan is prepared, and shall provide
guidelines for local government ingestion pathway and recovery and
reentry plans.
   (b) The department shall maintain plans for communicating public
health information during the ingestion pathway and recovery and
reentry emergency phases.  The department shall also maintain a
radiation emergency screening team, and shall maintain designation of
medical facilities to care for any casualties.
   (c) The department shall perform the following duties and
functions:
   (1) Act as the responsible entity for ensuring that ingestion
pathway and recovery and reentry plans are maintained and ready to be
implemented, including necessary training and exercises, in
coordination with affected counties and the office.
   (2) Establish protective action guidelines for ingestion pathway
and recovery and reentry operations with due regard for compatibility
with the recommendations of the Environmental Protection Agency.
   (3) Establish criteria for, coordinate development and maintenance
by counties of, and annually review an information catalogue of
food, water, and animal resources for the 50-mile ingestion pathway
zone around the San Onofre and Diablo Canyon nuclear generating
stations.
   (4) Establish measurement standards and procedures to assess
radioactivity in exposure pathways, including, but not limited to,
food, water, and animals, which are compatible with the Environmental
Protection Agency's standards and procedures.
   (5) Support local government nuclear emergency planning, training,
exercises, and response in coordination with the office.
   (6) Maintain plans for coordinating the dissemination of public
health information during the recovery and reentry phase of a nuclear
powerplant emergency.
   (7) Maintain a Radiation Emergency Screening Team, also known as
the Radiological Advisory Team and develop guidelines for the team.
The team shall not be authorized to make decisions within the
jurisdiction of emergency planning and response organizations.  The
guidelines for the team shall meet, but not be limited to, the
following requirements:
   (A) The team shall include individuals with expertise in medicine,
radiation biology, radiation casualty management, emergency
preparedness and disaster response, public health, and government and
responsibilities.
   (B) The team shall be available to advise the department on its
nuclear powerplant emergency planning.
   (C) The team shall be available for immediate response, 24 hours a
day, during the emergency phase of a nuclear powerplant accident.
Upon the request of the department, the team shall provide advice and
counsel regarding initial patient management and casualty
evacuation, and shall provide radiation exposure medical advice to
field and hospital medical care providers.  Activation of the
department's emergency "call-down" list will provide the method of
notification.
   (D) Individuals shall be designated to serve as backup for members
of the team who are unable to immediately respond to a radiation
emergency.
   (8) Maintain guidelines for the designation for one or more
medical facilities which would be capable of managing and caring for
casualties caused by a nuclear radiation accident.
   (A) The facilities shall have the capability to provide the
following:
   (i) Provide radiologic and microbiologic isolation, as prescribed
by the department, for 10 to 25 casualties.
   (ii) Perform radioactivity measurements.
   (iii) To quickly mobilize and augment the treatment staff to care
for a sudden influx of casualties.
   (B) In maintaining the team guidelines, the department shall
consider input from other relevant groups or organizations, such as
the California Conference of Local Health Officers, the California
Medical Association, the California Association of Hospitals, and the
University of California medical facilities.
   (C) The department shall consider geographic location and critical
and supportive care available when developing guidelines.
   (D) The department shall designate facilities in accordance with
the guidelines developed pursuant to subparagraph (A) of paragraph
(8) of subdivision (c), and shall maintain a list of designated
facilities.
   114670.  It is the intent of the Legislature to provide necessary
funding for medical facilities designated by the department to enable
each facility to be effective in receiving casualties from a nuclear
radiation accident.

      Article 4.  Local Jurisdictions

   114675.  The Interjurisdictional Planning Committee for the San
Onofre nuclear emergency response plan, shall appoint a chairperson
who will be a discussion leader and decisionmaking facilitator during
a nuclear powerplant accident.
   114680.  Any local jurisdiction within an Emergency Planning Zone,
with responsibility to conduct nuclear response planning, shall
annually provide nuclear emergency training to individuals within
that zone who may be responsible for an evacuation or sheltering
action, including, but not limited to, public school teachers, bus
drivers, peace officers, public works officials, and fire officials.

   114685.  The office shall do all of the following:  (a) When the
Emergency Broadcast System is activated within an Emergency Planning
Zone during a nuclear powerplant emergency, notify counties adjacent
to the Emergency Planning Zone and provide these counties with
details of the emergency.  (b) Exercise explicit, ultimate authority
for allocating funds from the Nuclear Planning Assessment Special
Account to local jurisdictions.  Purposes for which the office may
approve reimbursement include expenditures related to equipment that
is used by local jurisdictions primarily for nuclear powerplant
emergency planning and response activities, prorated according to the
percentage of use for these activities.  (c) Ensure that counties
within the Public Education Zones have a primary and backup
communications capability with the county emergency operations
centers located within the Emergency Planning Zones.  (d) Consider,
along with the local jurisdictions and the utilities, that emergency
response personnel, as well as the public, may respond differently to
a nuclear powerplant emergency than to a naturally occurring
emergency, and to take this difference into account when developing
training and education programs for nuclear powerplant emergencies.
(e) Participate in exercises of the state's nuclear emergency
response plan at least once a year to ensure that state personnel are
adequately trained to respond in the event of an actual emergency.
The exercises shall include the department and other relevant state
agencies and the office shall activate the State Operations Center of
the office for each exercise.  (f) In cooperation with local
emergency response authorities and utilities operating nuclear power
facilities, evaluate the primary and backup communications systems
mandated by federal requirements for nuclear emergency response
plans.  If the office determines that a primary or backup
communications system does not meet those requirements, the office
shall report this determination to the utility and to the Federal
Emergency Management Agency.  (g) Investigate the feasibility, costs,
and possible funding mechanisms for providing programmable
transceivers for emergency response vehicles that may have to respond
to a nuclear power plant emergency.  The office shall report to the
director of the office and any joint committee and Senate and
Assembly policy committee with jurisdiction over emergency and
disaster services its findings and recommendations by December 31,
1989.  (h) Commencing January 1, 1990, annually prepare and submit a
report to any joint committee and Senate and Assembly policy
committee with jurisdiction over emergency and disaster services that
includes all of the following:  (1) A description of the purpose of
all nuclear emergency response exercises in the state involving local
and state authorities.  (2) A description of the office's role in
each exercise.  (3) An accounting of revenues spent from the Nuclear
Planning Assessment Special Account from each utility, a description
of expenditures of special account funds by each jurisdiction and the
state, and explanations for any denied funding requests.  (4) A
description of all nuclear emergency response training and education
efforts undertaken by the office, and identification of any
additional training and education needs of state
                        and local agencies, including specific
reference to any agency that has not demonstrated adequate training
of management and line personnel.  (5) Recommendations consistent
with this section.
      Article 6.  Responsibilities of Other Agencies

   114690.  The Department of Transportation shall include within its
criteria for funding repair and construction projects the need for
adequate emergency evacuation routes.
   114695.  State and local law enforcement agencies shall ensure
that traffic flow plans for areas outside the Emergency Planning
Zones adequately reflect the possible evacuation of residents outside
the Emergency Planning Zones.  State and local law enforcement
agencies shall ensure that traffic flow plans take into consideration
that some evacuation routes may be impassable under certain weather
conditions and that these agencies should have plans for designating
alternative routes.
   114700.  State law enforcement agencies shall ensure that officers
who may be needed to respond during a nuclear powerplant emergency
receive the necessary training, as well as refresher courses at least
once per year.

      CHAPTER 5.  CONTAINMENT OF RADIOACTIVE MATERIALS
      Article 1.  Control of Radioactive Contamination of the
Environment

   114705.  The Legislature finds and declares that radioactive
contamination of the environment may subject the people of the State
of California to unnecessary exposure to ionizing radiation unless it
is properly controlled.  It is therefore declared to be the policy
of this state that the department initiate and administer necessary
programs of surveillance and control of those activities that could
lead to the introduction of radioactive materials into the
environment.
   114710.  As used in this article the following terms have the
meanings described in this section.
   (a) "Department" means the State Department of Health Services.
   (b) "Environment" means all places outside the control of the
person responsible for the radioactive materials.
   (c) "Field tracer study" is any project, experiment, or study that
includes provision for deliberate introduction of radioactive
material into the environment for experimental or test purposes.
   (d) "Person" includes any association of persons, copartnership or
corporation.
   (e) "Radiation," or "ionizing radiation," means gamma rays and
X-rays; alpha and beta particles, high-speed electrons, neutrons,
protons, and other nuclear particles; but not sound or radio waves,
or visible, infrared, or ultraviolet light.
   (f) "Radioactive material" means any material or combination of
materials that spontaneously emits ionizing radiation.
   (g) "Radioactive waste" means any radioactive material that is
discarded as nonusable.
   (h) "Significant" or "significantly," as applied to radioactive
contamination, means concentrations or amounts of radioactive
material as are likely to expose persons to ionizing radiation equal
to or greater than the guide levels published by the Federal
Radiation Council.
   (i) "Radiological monitoring" means the measurement of the amounts
and kinds of radioactive materials in the environment.
   114715.  No person shall bury, throw away, or in any manner
dispose of radioactive wastes within the state except in a manner and
at locations as will result in no significant radioactive
contamination of the environment.
   114720.  The department may, by written order, prohibit the
disposal of radioactive wastes by any person when, upon
investigation, it has determined that the disposal violates Section
114715.
   114725.  The department may, by written order, prohibit the
storage, packaging, transporting, or loading of radioactive wastes if
there is a reasonable likelihood that the activities will result in
significant radioactive contamination of the environment.
   114730.  The person to whom an order has been issued pursuant to
Section 114720 or 114725 may appeal the order of the department to
any court of competent jurisdiction.
   114735.  The department may bring an action in a court of
competent jurisdiction to enjoin the storage, packaging,
transporting, loading, or disposal of radioactive wastes in violation
of any written order issued by the department pursuant to Section
114720 or 114725.  The court may, if it appears necessary, enjoin any
person from using radioactive material who thereby produces
radioactive waste that the court finds is being disposed of in
violation of this article.
   114740.  The department shall maintain surveillance over the
storage, packaging, transporting, and loading of radioactive material
within this state regardless of the material's ultimate destination.
  In carrying out its duties under this section, the department may
enter into an agreement with the Division of Occupational Safety and
Health and other state and local agencies to conduct any appropriate
inspection and enforcement activities.  Any agreement with state and
local agencies shall not duplicate work to be done pursuant to
agreement with the Division of Occupational Safety and Health, nor
shall work done by the Division of Occupational Safety and Health
duplicate work agreed to be done by other state and local agencies.
Licensees of the Nuclear Regulatory Commission and the facilities of
the Department of Energy and the Department of Defense are exempt
from this section.
   114745.  No person shall operate a nuclear reactor, nuclear fuel
reprocessing plant, or other installation, as defined by the
department, that could, as a result of routine operations, accident,
or negligence, significantly contaminate the environment with
radioactive material, without first instituting and maintaining an
adequate program of radiological monitoring.  The proposed program
shall be submitted to the department for review and acceptance as to
its adequacy.
   114750.  No person shall conduct any field tracer study unless
detailed plans of the study have been approved by the department.  In
reviewing proposed field tracer studies, the department shall
consider at least the following elements:
   (a) That there is shown to be a substantial public interest in the
information intended to be obtained by the study.
   (b) That the study will be performed by persons or agencies
competent to handle and use the radioactive material safely and with
due regard for potential effects on public health.
   (c) That the study is planned so as to impose the least possible
exposure to ionizing radiation consistent with achieving the study's
desired objectives.
   (d) That there is no likelihood that any person will be exposed to
ionizing radiation in excess of guide levels published by the
Federal Radiation Council.  The department may, as a condition to its
approval of a field tracer study, require a representative of the
department to be present during the study.
   114755.  The department shall monitor radioactive materials in the
environment, including radioactive materials in media such as air,
milk, food, and water in locations and with a frequency as the
department may deem necessary to determine radiation exposure to the
people of the state from the materials.
   114760.  The department shall, at least once per month, make
public to news media the results of its monitoring of radioactive
materials.
   114765.  Any regulations relating to radioactive material cargo,
including, but not limited to, packing, marking, loading, handling,
and transportation, shall be reviewed and made compatible with the
federal regulations adopted pursuant to the federal Department of
Transportation Docket No. HM-164, Notice No. 80-1, within 60 days of
the date the federal regulations become effective.
   114770.  The department, utilizing available funds and in
cooperation with the Department of Fish and Game and the Joint
Committee on Fisheries and Aquaculture, shall do all of the
following:
   (a) Cooperate with any federal agency that conducts monitoring of
marine life or ocean waters, or both, at the sites of radioactive
waste dumping off the California coast to determine the effects of
the dumping.
   (b) Purchase and test samples of seafood taken in the vicinity of
the Farallon Islands radioactive waste dump site to determine whether
the seafood contains radioactivity beyond natural and artificial
background levels.
   (c) Establish a scientific advisory committee on ocean dumping of
radioactive waste.  The committee shall include, but not be limited
to, scientists from the staffs of the department, the Department of
Fish and Game, the California Coastal Commission, the Senate Office
of Research, the Assembly Office of Research, the faculties of the
University of California and the California State University, and
private nonprofit marine resource and public policy organizations.
The advisory committee shall meet at least once a year and design the
procedures for the testing required by subdivision (b), subject to
approval by the department.  The advisory committee shall also
analyze the results of the monitoring conducted pursuant to
subdivision (a) and the testing conducted pursuant to subdivision
(b), and make any recommendations that it deems appropriate to the
department, the Department of Fish and Game, and the Legislature.
The members of the committee shall serve without compensation.
   (d) Take emergency action pursuant to the general authority
contained in the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)) to prohibit the commercial sale of
seafood for human consumption if, in the judgment of the director,
samples analyzed pursuant to subdivision (b), are found to contain
radioactivity that poses a threat to human health.
   114775.  The department, utilizing available funds and in
cooperation with the Department of Fish and Game and the Joint
Committee on Fisheries and Aquaculture, shall do all of the
following:
   (a) Cooperate with any federal agency that conducts monitoring of
marine life or ocean waters, or both, at the sites of radioactive
waste dumping off the California coast to determine the effects of
the dumping.
   (b) Purchase and test samples of seafood taken in the vicinity of
the Farallon Islands radioactive waste dump site to determine whether
the seafood contains radioactivity beyond natural and artificial
background levels.
   (c) Make annual reports to the Legislature on the implementation
of this section, including any recommendations for legislation it
deems necessary to protect the health of Californians.
   (d) Take emergency action  pursuant to the general authority
contained in the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)) to prohibit the commercial sale of
seafood for human consumption if, in the judgment of the director,
samples analyzed pursuant to subdivision (b), are found to contain
radioactivity that poses a threat to human health.
   114780.  (a) The Legislature finds and declares that the dumping
of radioactive waste, including the scuttling of radioactive nuclear
submarines, into the Pacific Ocean, could adversely affect the
California coastal zone.
   (b) The California Coastal Commission, in cooperation when
appropriate with the department, the Department of Justice, the
Department of Fish and Game, and the Joint Committee on Fisheries and
Aquaculture, shall use any means available to the commission,
pursuant to law, to prevent any dumping of radioactive waste in the
Pacific Ocean by any public or private entity, unless the commission
finds that the dumping would be consistent with the goals and
policies of Division 20 (commencing with Section 30000) of the Public
Resources Code.

      Article 2.  Radiation Monitoring Devices for Nuclear Power
Plants

   114785.  Each privately owned and publicly owned public utility
operating a nuclear powerplant with a generating capacity of 50
megawatts or more shall establish a system of offsite radiation
monitoring devices as specified by the Nuclear Regulatory Commission
pursuant to Regulatory Guide 1.97 or related standards.  The utility
shall consult with the department and the appropriate county
emergency services agency regarding the type, number, and locations
of the radiation monitoring devices.  The consultation with the
department and the appropriate county emergency services agency shall
be completed prior to submitting a plan to the Nuclear Regulatory
Commission regarding the radiation monitoring devices.
   114790.  The information transmitted to the radiation monitoring
displays in the technical support center or emergency operating
facility of a nuclear powerplant shall be simultaneously transmitted
to the Office of Emergency Services State Warning Center.
   114795.  The funds expended by privately owned utilities complying
with this article shall be allowed for ratemaking purposes by the
Public Utilities Commission.  Publicly owned utilities shall include
funds expended complying with this article in their rates.
   114800.  In no event shall a plant operator be required to spend
more than one million dollars ($1,000,000) in capital outlay for a
nuclear powerplant site in complying with this article.
   114805.  Nothing in this article shall require powerplant
modifications or the conduct of operations that may be in conflict
with conditions of the license to operate issued by the Nuclear
Regulatory Commission or with other activities authorized by the
Nuclear Regulatory Commission, or that may be in conflict with
regulations of the Environmental Protection Agency.
   114810.  Failure to comply with this article shall not constitute
the basis for an action in a court of law or in an administrative
proceeding to enjoin or prevent the operation or start-up of a
nuclear facility.

      Article 3.  Transportation of Radioactive Materials

   114815.  For the purposes of this article the term "radioactive
materials" shall include any material or combination of materials
that spontaneously emits ionizing radiation.
   114820.  (a) The department, with the assistance of the Office of
Emergency Services, the State Energy Resources Conservation and
Development Commission,  and the Department of the California Highway
Patrol shall, with respect to any fissile radioactive material
coming within the definition of "fissile class II," "fissile class
III," "large quantity radioactive materials," or "low-level
radioactive waste" provided by the regulations of the United States
Department of Transportation (49 C.F.R. 173.389), do all of the
following:
   (1) Study the adequacy of current packaging requirements for
radioactive materials.
   (2) Study the effectiveness of special routing and timing of
radioactive materials shipments for the protection of the public
health.
   (3) Study the advantages of establishing a tracking system for
shipments of most hazardous radioactive materials.
   (b) A report on these studies, together with recommendations for
any necessary changes in transportation regulations, shall be
submitted by the department to the Legislature on or before July 1,
1982.
   (c) The department, with the assistance of the Office of Emergency
Services, the State Energy Resources Conservation and Development
Commission, and the Department of the California Highway Patrol,
shall extend the nuclear threat emergency response plan to include
radioactive materials in transit and provide training for law
enforcement officers in dealing with those threats.
   (d) Subject to Section 114765, the department, in cooperation with
the Department of the California Highway Patrol, shall adopt, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, reasonable
regulations that, in the judgment of the department, promote the safe
transportation of radioactive materials.  The regulations shall (1)
prescribe the use of signs designating radioactive material cargo;
shall designate, in accordance with the results of the studies done
pursuant to subdivision (a), the manner in which the shipper shall
give notice of the shipment to appropriate authorities; (2) prescribe
the packing, marking, loading, and handling of radioactive
materials, and the precautions necessary to determine whether the
material when offered is in proper condition to transport, but shall
not include the equipment and operation of the carrier vehicle; and
(3) be reviewed and amended, as required, pursuant to Section 114765.
  The regulations shall be compatible with those established by the
federal agency or agencies required or permitted by federal law to
establish the regulations.
   (e) Subject to Section 114765, the Department of the California
Highway Patrol, after consulting with the department, shall adopt
regulations specifying the time at which shipments may occur and the
routes that are to be used in the transportation of cargoes of
hazardous radioactive materials, as those materials are defined in
regulations of the department.
   114825.  Regulations adopted by the department pursuant to Section
114820 may be enforced, within their respective jurisdictions, by
any authorized representatives of the department, the Division of
Industrial Safety of the Department of Industrial Relations, the
Public Utilities Commission, the health department of any city or
county, the Department of the California Highway Patrol, or any
traffic officer as defined by Section 625 of the Vehicle Code.
   114830.  It is the legislative intention in enacting this article
that the regulations adopted by the department pursuant to this
article shall apply uniformly throughout the state, and no state
agency, city, county, or other political subdivision of this state,
including a chartered city or county, shall adopt or enforce any
ordinance or regulation that is inconsistent with the regulations
adopted by the department pursuant to this article.
   114835.  A violation of any regulation adopted by the department
pursuant to Section 114820 is a misdemeanor.

      CHAPTER 6.  RADIOLOGIC TECHNOLOGY
      Article 1.  Declaration of Policy

   114840.  The Legislature finds and declares that the public health
interest requires that the people of this state be protected from
excessive and improper exposure to ionizing radiation.  It is the
purpose of this chapter to establish standards of education,
training, and experience for persons who use X-rays on human beings
and to prescribe means for assuring that these standards are met.
   114845.  The Legislature finds and declares that the public health
interest requires that increased steps be taken to ensure the
accuracy of mammograms, including increased inspections and
calibration of equipment, competency requirements for radiologic
technologists, accreditation of mammography facilities, and the use
of computers to read mammograms.

      Article 2.  Definitions

   114850.  As used in this chapter:
   (a) "Department" means the State Department of Health Services.
   (b) "Committee" means the Radiologic Technology Certification
Committee.
   (c) "Radiologic technology" means the application of X-rays on
human beings for diagnostic or therapeutic purposes.
   (d) "Radiologic technologist" means any person other than a
licentiate of the healing arts making application of X-rays to human
beings for diagnostic or therapeutic purposes pursuant to subdivision
(b) of Section 114870.
   (e) "Limited permit" means a permit issued pursuant to subdivision
(c) of Section 114870 to persons to conduct radiologic technology
limited to the performance of certain procedures or the application
of X-ray to specific areas of the human body, except for a mammogram.

   (f) "Approved school for radiologic technologists" means a school
that the department has determined provides a course of instruction
in radiologic technology that is adequate to meet the purposes of
this chapter.
   (g) "Supervision" means responsibility for, and control of,
quality, radiation safety, and technical aspects of all X-ray
examinations and procedures.
   (h) "Licentiate of the healing arts" means a person licensed under
the provisions of the Medical Practice Act, and a person licensed
under the provisions of the initiative act entitled "An act
prescribing the terms upon which licenses may be issued to
practitioners of chiropractic, creating the State Board of
Chiropractic Examiners and declaring its powers and duties,
prescribing penalties for violation thereof, and repealing all acts
and parts of acts inconsistent herewith," approved by electors
November 7, 1922, as amended, or under the "Osteopathic Act."
   (i) "Certified supervisor or operator" means a licentiate of the
healing arts who has been certified under subdivision (e) of Section
114870 or 107115 to supervise the operation of X-ray machines or to
operate X-ray machines, or both.
   (j) "Student of radiologic technology" means a person who has
started and is in good standing in a course of instruction that, if
completed, would permit the person to be certified a radiologic
technologist or granted a limited permit upon satisfactory completion
of any examination required by the department.  "Student of
radiologic technology" does not include any person who is a student
in a school of medicine, chiropractic, podiatry, dentistry, dental
radiography, or dental hygiene.
   (k) "Mammogram" means an X-ray image of the human breast.
   (l) "Mammography" means the procedure for creating a mammogram.

      Article 3.  Radiologic Technology Certification

   114855.  The department shall appoint a certification committee to
assist, advise, and make recommendations for the establishment of
regulations necessary to insure the proper administration and
enforcement of this chapter, and for those purposes to serve as
consultants to the department.  The appointments shall be made from
lists of at least three nominees for each position submitted by
appropriate professional associations and societies designated by the
Director of Health Services, and provisions shall be made for
orderly rotation of membership.
   114860.  The committee shall consist of the director or his or her
designate, who shall serve as chairperson ex officio, but who shall
not vote, and the following 11 members who are residents of the
state:
   (a) Six physicians and surgeons licensed to practice medicine in
this state, three of whom shall be certified in radiology by the
American Board of Radiology.  At least one of the radiologists shall
be representative of the hospital practice of radiology.
   (b) Two persons with at least five years' experience in the
practice of radiologic technology.  At least one of these persons
shall be representative of the hospital practice of radiologic
technology.  Except for the appointment of these two persons to the
first committee, every person thereafter appointed to the committee
under this subdivision shall be certified as a radiologic
technologist.
   (c) One radiological physicist, qualified in the use of physics in
the practice of medicine.
   (d) One podiatrist licensed to practice podiatry in this state.
   (e) One chiropractic practitioner licensed to practice
chiropractic in this state.
   114865.  Members of the committee shall serve without compensation
but shall receive their actual and necessary expenses incurred in
the performance of the duties of their office.

      Article 4.  Committee Administration and Regulations

   114870.  The department shall:
   (a) Upon recommendation of the committee, adopt regulations as may
be necessary to accomplish the purposes of this chapter.
   (b) Provide for certification of radiologic technologists, without
limitation as to procedures or areas of application, except as
provided in Section 106980.  Separate certificates shall be provided
for diagnostic radiologic technology, for mammographic radiologic
technology, and for therapeutic radiologic technology.  If a person
has received accreditation to perform mammography from a private
accreditation organization, the department shall consider this
accreditation when deciding to issue a mammographic radiologic
technology certificate.
   (c) Provide, as may be deemed appropriate, for granting limited
permits to persons to conduct radiologic technology limited to the
performance of certain procedures or the application of X-ray to
specific areas of the human body, except for mammography, prescribe
minimum standards of training and experience for these persons, and
prescribe procedures for examining applicants for limited permits.
The minimum standards shall include a requirement that persons
granted limited permits under this subdivision shall meet those
fundamental requirements in basic radiological health training and
knowledge similar to those required for persons certified under
subdivision (b) of this section as the  department determines are
reasonably necessary for the protection of the health and safety of
the public.
   (d) Provide for the approval of schools for radiologic
technologists.
   (e) Provide, upon recommendation of the committee, for
certification of licentiates of the healing arts to supervise the
operation of X-ray machines or to operate X-ray machines, or both,
prescribe minimum standards of training and experience for these
licentiates of the healing arts, and prescribe procedures for
examining applicants for certification.  This certification may limit
the use of X-rays to certain X-ray procedures and the application of
X-rays to specific areas of the human body.
   (f) Upon recommendation of the committee, exempt from
certification requirements licentiates of the healing arts who have
successfully completed formal courses in schools certified by the
department and who have successfully passed a roentgenology
technology and radiation protection examination approved by the
department and administered by the board that issued his or her
license.
   114875.  The department may, upon application, on a form
prescribed and supplied by the department, by a licentiate of the
healing arts, approve the licentiate to give on-the-job training,
based on instructional standards prescribed by the department, to a
student of radiologic technology if the following requirements are
complied with:
   (a) The training is restricted to applicants for limited permits
in one category or an approved combination of categories.
   (b) The training is given by a certified supervisor or operator.
   (c) The didactic instruction and clinical experience are
equivalent to that required of approved schools for radiologic
technology limited permits and shall be outlined by the department in
a manual or syllabus.
                      (d) On-the-job training may not exceed one year
for any one student.
   (e) There shall not be at any one time more than one student per
licentiate.
   (f) Records, subject to department inspection, shall be kept of
hours of didactic training given the student and the number and kind
of clinical procedures performed by the student.  If the licentiate
does not choose to give both clinical and didactic on-the-job
training, as prescribed by the department, that portion not given by
the licentiate shall be taken in a school approved by the department
pursuant to Section 114870.
   The department may establish and collect fees in an amount
sufficient to defray the cost incurred by the department in
administering the program of on-the-job training authorized by this
section.
   114880.  Any regulations adopted by the department pursuant to
subdivision (a) of Section 114870 shall be adopted only after
consultation with and approval of the committee.  Approval of those
regulations shall be made by six affirmative votes of those present
at an official meeting of the committee.
   114885.  The department shall, upon individual application, grant
special permits to persons, excepting those persons from specific
provisions of this chapter or of the regulations issued thereunder,
if the department finds to its satisfaction that there is substantial
evidence that the people in the locality of this state, in which the
exemption is sought, would be denied adequate medical care because
of unavailability of certified or certifiable radiologic
technologists.  Those special permits shall be granted for limited
periods of time to be prescribed by the department in accordance with
the purposes of this chapter, and the permits may be renewed.
   114890.  Notwithstanding Section 107075, any person who violates
any provision of this chapter relating to mammography or regulations
adopted pursuant to those provisions is guilty of a misdemeanor and
shall, upon conviction, be punished by a fine not to exceed five
thousand dollars ($5,000) per day, per offense or by imprisonment in
the county jail not to exceed 180 days, or by both the fine and
imprisonment.
   114895.  (a) Any person who intentionally or through gross
negligence violates any provision of this chapter relating to
mammography, or any rule or regulation adopted relating to
mammography, or who fails or refuses to comply with a cease and
desist order or other order of the department issued thereunder,
which action causes a substantial danger to the health of others,
shall be liable for a civil penalty not to exceed five thousand
dollars ($5,000) per day, per offense.
   (b) The remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.


      CHAPTER 7.  ATOMIC ENERGY DEVELOPMENT
      Article 1.  Short Title

   114900.  This chapter may be cited and shall be known as the
California Atomic Energy Development Law.

      Article 2.  Declaration of Policy

   114905.  The Legislature finds and declares that the peacetime
uses of atomic energy and radiation can be instrumental in improving
the health, welfare and economic productivity of the people of the
State of California if properly utilized, and may be hazardous to the
health and safety of the public if carelessly or excessively
employed.  It is therefore declared to be the policy of the state to:

   (a) Encourage the constructive development of industries producing
or utilizing atomic energy and radiation and to eliminate
unnecessary exposure of the public to ionizing radiation.
   (b) Have state agencies retain their traditional jurisdictions
wherever possible.
   (c) Have various departments and agencies of the state that are
concerned with atomic energy and radiation and its various
applications develop programs designed to protect the people of the
state from unnecessary exposure to radiation.
   (d) Assure the coordination of the programs of the state agencies
and the laws, regulations incident thereto and to insure the
coordination of these activities with the development and regulatory
activities of local agencies, other states and the government of the
United States, including the Atomic Energy Commission.
   (e) Keep the public, labor, industry, and all other legitimate
interests as completely informed as possible on all matters relating
to peacetime atomic energy and radiation development and control in
this state.
   114907.  "Atomic energy" means all forms of energy released in the
course of nuclear transformation.
   114908.  As used in this chapter, "secretary" means the Secretary
of the Resources Agency.

      Article 3.  Coordination of Atomic Energy Development

   114910.  The secretary shall perform the liaison function between
the state and the federal government, including the United States
Atomic Energy Commission, and between this state and other states in
matters pertaining to atomic energy development.
   114915.  The secretary shall coordinate the programs, and
regulations of the several departments and agencies of the state and
the cities and counties relating to atomic energy development, and
shall so far as may be practicable coordinate the studies conducted
and the recommendations and proposals made in this state on these
subjects with like activities in other states and by the federal
government and with the policies and regulations of the United States
Atomic Energy Commission.
   The departments and agencies of the state which are concerned with
atomic energy development, and the cities and counties, shall keep
the secretary currently informed as to their activities and programs
relating to atomic energy development.
   114920.  No rule or regulation applying to atomic energy
development, or amendment thereto or repeal thereof, that any state
agency may propose to adopt, unless it is an emergency regulation,
shall be noticed under Section 11346.4 of the Government Code prior
to 30 days after it has been submitted to the secretary for comments,
recommendations, or suggestions as he or she may deem necessary or
desirable with respect thereto, unless the secretary in writing
waives all or a portion of the 30-day period.
   114925.  Whenever the secretary determines that an existing or
proposed regulation is inconsistent with any regulation of another
agency of the state, he or she may, after consultation with the
agencies involved, find that the proposed regulation is inconsistent
with a regulation of the other agency and shall issue an order to
that effect, in which event the proposed rule or regulation shall not
become effective.  The secretary may, in the alternative, upon a
similar determination, direct the appropriate agency to amend or
repeal the existing regulation to achieve consistency with the
proposed regulation.
   114930.  The secretary may, when he or she deems necessary or
appropriate, recommend to any state department or other state agency
the adoption, amendment, or repeal of regulations relating to atomic
energy development.
   114935.  The secretary shall keep the Governor and the various
interested state departments and agencies and the cities and counties
informed of private and public activities affecting the peacetime
uses of atomic energy.
   114940.  The secretary shall disseminate to the public factual
data and information and interpretations thereof concerning atomic
energy development and the uses of radiation in the state with the
view to providing a reliable source of accurate information relating
to the benefits and hazards of such development and uses.  Data and
information relating to hazards of radiation shall be developed and
disseminated in cooperation with the State Department of Health, as
provided for in paragraph (3) of subdivision (e) of Section 115000.

   114945.  The secretary may consult with and seek the advice of
technically qualified persons within and without the state to advise
on matters relating to atomic energy, particularly with regard to
regulations relating to atomic energy development usage.
   114950.  The department shall keep current information on the
permits or licenses issued by the United States Atomic Energy
Commission in the state and, along with current information on the
radiation sources licensed or registered under the provisions of
Section 115060, shall transmit the information upon request to any
state department or agency or member of the public.
   114955.  Nothing contained in this chapter shall impair the
authority or jurisdiction of the State Water Resources Control Board
or any of the regional water quality control boards in this state to
regulate the discharge of waste for the protection of the quality of
waters of this state.

      CHAPTER 8.  RADIATION CONTROL LAW
      Article 1.  General

   114960.  This chapter shall be known, and may be cited, as the
Radiation Control Law.
   114965.  It is the policy of the State of California, in
furtherance of its responsibility to protect the public health and
safety, to institute and maintain a regulatory program for sources of
ionizing radiation so as to provide for:  (a) compatibility with the
standards and regulatory programs of the federal government, (b) an
integrated effective system of regulation within the State, and (c) a
system consonant insofar as possible with those of other states.
   114970.  It is the purpose of this chapter to effectuate the
policies set forth in Section 114965 by providing for programs to:
   (a) Effectively regulate sources of ionizing radiation for the
protection of the occupational and public health and safety.
   (b) Promote an orderly regulatory pattern within the State, among
the states, and between the federal government and the State, and
facilitate intergovernmental co-operation with respect to use and
regulation of sources of ionizing radiation to the end that
duplication of regulation may be minimized.
   (c) Establish procedures for assumption and performance of certain
regulatory responsibilities with respect to byproduct, source, and
special nuclear materials.
   (d) Permit maximum utilization of sources of ionizing radiation
consistent with the health and safety of the public.
   114975.  Rules and regulations adopted under this chapter shall be
adopted in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
Sections 25733 and 114920 of this code.
   114980.  (a) The Radiation Control Fund is  hereby created as a
special fund in the State Treasury.  All moneys, including fees,
penalties, interest earned, and fines collected under Sections
107160, 107100, 115045, 115065, and 115080, and the regulations
adopted pursuant to those sections, shall be deposited in the
Radiation Control Fund to cover the costs related to the enforcement
of this chapter, Article 6 (commencing with Section 107150) of
Chapter 4 of Part 1, and the Radiologic Technology Act (Section 27),
and shall be available for expenditure by the department only upon
appropriation by the Legislature.  In addition to any moneys
collected by, or on behalf of, the department for deposit in the
Radiation Control Fund, all interest earned by the Radiation Control
Fund shall be deposited in the Radiation Control Fund.
   (b) This section shall become operative on July 1, 1993.
   114985.  As used in this chapter:
   (a) "Secretary" means the Secretary of the Resources Agency.
   (b) "Ionizing radiation" means gamma rays and X-rays; alpha and
beta particles, high-speed electrons, neutrons, protons, and other
nuclear particles; but not sound or radio waves, or visible,
infrared, or ultraviolet light.
   (c) "Person" means any individual, corporation, partnership,
limited liability company, firm, association, trust, estate, public
or private institution, group, agency, political subdivision of this
state, any other state or political subdivision or agency thereof,
and any legal successor, representative, agent, or agency of the
foregoing, other than the United States Nuclear Regulatory
Commission, the United States Department of Energy, or any successor
thereto, and other than federal government agencies licensed by the
United States Nuclear Regulatory Commission, under prime contract to
the United States Department of Energy, or any successor thereto.
   (d) "Byproduct material" means any radioactive material, except
special nuclear material, yielded in, or made radioactive by exposure
to the radiation incident to, the process of producing or utilizing
special nuclear material.
   (e) "Source material" means (1) uranium, thorium, or any other
material which the department declares by rule to be source material
after the United States Nuclear Regulatory Commission, or any
successor thereto, has determined the material to be such; or (2)
ores containing one or more of the foregoing materials, in such
concentration as the department declares by rule to be source
material after the United States Nuclear Regulatory Commission, or
any successor thereto, has determined the material in such
concentration to be source material.
   (f) "Special nuclear material" means (1) plutonium, uranium 233,
uranium enriched in the isotope 233 or in the isotope 235, and any
other material which the department declares by rule to be special
nuclear material after the United States Nuclear Regulatory
Commission, or any successor thereto, has determined the  material to
be such, but does not include source material; or (2) any material
artificially enriched by any of the foregoing, but does not include
source material.
   (g) "General license" means a license, pursuant to regulations
promulgated by the department, effective without the filing of an
application, to transfer, acquire, own, possess or use quantities of,
or devices or equipment utilizing, byproduct, source, or special
nuclear materials or other radioactive material occurring naturally
or produced artificially.
   (h) "Specific license" means a license, issued after application,
to use, manufacture, produce, transfer, receive, acquire, own, or
possess quantities of, or devices or equipment utilizing, byproduct,
source, or special nuclear materials or other radioactive material
occurring naturally or produced artificially.
   (i) "Registration" means the reporting of possession of a source
of radiation and the furnishing of information with respect thereto,
in accordance with subdivision (b) of Section 115060.
   (j) "Department" means the State Department of Health Services.
   (k) "Director" means the State Director of Health Services.
   (l) "Federal research and development activity" means any activity
of the Secretary of Energy conducted at any research facility owned
or operated by the United States Department of Energy.
   (m) "Low-level waste" means radioactive waste not classified as
high-level radioactive waste, transuranic waste, spent nuclear fuel,
or the byproduct material  defined in Section 11(e)(2) of the Atomic
Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)).  For  purposes of
this subdivision, the following definitions shall apply:
   (1) "High-level radioactive waste" means either of the following:

   (A) The highly radioactive material resulting from the
reprocessing of spent nuclear fuel, including liquid waste produced
directly in reprocessing and any solid material derived from this
liquid waste that contains fission products in sufficient
concentrations.
   (B) Other highly radioactive material that the Nuclear Regulatory
Commission, consistent with existing law, determines by rule requires
permanent isolation.
   (2) "Spent nuclear fuel" means fuel that has been withdrawn from a
nuclear reactor following irradiation, the constituent elements of
which have not been separated by reprocessing.
   (3) "Transuranic waste" means any waste containing more than 100
nanocuries of alpha emitting transuranic nuclides with half-life
greater than five years per gram of waste material.
   (n) "Mammogram" means an X-ray image of the human breast.
   (o) "Mammography" means the procedure for creating a mammogram.
   (p) "Mammography quality assurance" means the detection of a
change in X-ray and ancillary equipment that adversely affects the
quality of films and the glandular radiation dose, and the correction
of this change.
   (q) "Mammogram certification" means a certification, issued by the
department after registration, that the equipment dedicated to or
used for mammography meets the standards prescribed pursuant to this
chapter.

      Article 3.  Control Agency

   114990.  The department is designated as the agency responsible
for the issuance of licenses.  In carrying out its duties under this
section, the department may enter into an agreement with the Division
of Occupational Safety and Health and other state and local agencies
to conduct technical evaluations of license applications prior to
issuance of licenses.  The agreements shall also include provisions
for conducting inspections in accordance with Section 115095.
   114995.  The authority of the department to issue licenses
pursuant to Section 114990 is not affected by any requirements to
conduct studies or planning efforts specified in Section 115005.
   115000.  The department shall, for the protection of public health
and safety do all of the following:
   (a) Develop programs for evaluation of hazards associated with use
of sources of ionizing radiation.
   (b) Develop programs, with due regard for compatibility with
federal programs, for licensing and regulation of byproduct, source,
and special nuclear materials, and other radioactive materials.
   (c) Except as provided in Section 18930, adopt regulations
relating to control of other sources of ionizing radiation.
   (d) Issue any regulations that may be necessary in connection with
proceedings under Article 4 (commencing with Section 115060).
   (e) Collect and disseminate information relating to control of
sources of ionizing radiation, including all of the following:
   (1) Maintenance of a file of all license applications, issuances,
denials, amendments, transfers, renewals, modifications, suspensions,
and revocations.
   (2) Maintenance of a file of all regulations relating to
regulation of sources of ionizing radiation, pending or adopted, and
proceedings thereon.
   (3) Disseminate information regarding the evaluation of hazards
associated with the use of sources of ionizing radiation.
   Nothing in this chapter shall be construed as precluding the
Division of Occupational Safety and Health from adopting and
enforcing regulations relating to matters within its jurisdiction
consistent with, in furtherance of, and designed to implement this
chapter and the regulations adopted thereunder.
   115005.  In addition to the requirements imposed by Section
115000, the department shall develop an overall plan, in consultation
with other state, regional, and federal agencies, for the
management, treatment, and disposal of low-level radioactive waste
generated within California.  The plan shall contain, at a minimum,
all of the following elements:
   (a) Specific contingency plans to address the needs of the state
for the short-term storage of low-level radioactive waste in the
event of a precipitous closure of existing out-of-state commercial
waste disposal facilities and to evaluate feasible alternatives for
meeting the state's needs.  This element of the plan shall include,
but is not limited to, all of the following factors:
   (1) The amount and kinds of low-level radioactive waste generated
by California licensees and current disposal locations.
   (2) The size and nature of an interim storage facility required to
meet California's interim low-level radioactive waste disposal
needs.
   (3) The cost of developing and operating an interim storage site
by the department or contracting organizations.
   (4) Criteria for the siting of an interim storage site, including,
but not limited to, all of the following:
   (A) Proximity to population.
   (B) Geologic stability.
   (C) Proximity to ground or surface water.
   (D) Availability of transportation.
   (E) General public health and economic considerations.
   This element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
   (b) A classification scheme for the separation of low-level waste
that will facilitate the management, treatment, storage, and ultimate
disposal of the waste.  This classification scheme shall consider
the matters as possible de minimus radiation levels for specific
radionuclides, the quantity and specific activity of the material,
its persistence, toxicity, chemical form, reactivity, and the
principal radionuclides present.  The classification scheme shall
also include the specifications necessary to determine which classes
of waste may or may not be accepted for storage in an interim storage
facility  stablished pursuant to Section 115045, that may or may not
be held by the licensee for decay to specified residual
radioactivity levels and that require long-term isolation from the
environment, as the case may be, for the protection of the public
health and  safety.  The department may require as a condition of
licensure the submission of information necessary to determine the
total amount of waste produced in each class of the classification
scheme.  The department may, by regulation, adopt the classification
scheme establishing which wastes may or may not be accepted at an
interim storage facility or at a treatment or disposal facility.
   This element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
   (c) Siting criteria for potential land burial disposal sites and
treatment facilities within the state.  In establishing these
criteria, the department shall consider the following factors,
including, but not limited to:
   (1) The present and projected future uses of land, water, and
natural resources.
   (2) The proximity of the site to major population centers.
   (3) The presence of active earthquake faults.
   (4) Geologic and other natural barriers which protect against
surface or groundwater contamination.
   (5) The effectiveness of engineered barriers, waste treatment, and
waste packaging in ensuring isolation of the waste from the
environment.
   (6) Transportation of radioactive materials as it relates to
public health and safety.
   (7) The relative economic impact of location and operation of
treatment or disposal facilities.
   This element of the plan shall be completed and submitted to the
appropriate committees of each house of the Legislature on or before
December 31, 1982.
   (d) A plan of action to minimize the environmental, occupational,
and public health impact of low-level radioactive waste and to
protect the public health and safety by encouraging a reduction in
the amount and toxicity of waste produced. This activity shall
include conducting or having studies conducted that evaluate the
technical and economic feasibility of (1) reducing the volume,
reactivity, and chemical and radioactive hazard of the waste, (2)
cleaning contaminated, nonactivated metals and other materials to
permit their recycle and reuse, and (3) substituting nonradioactive
or short-lived radioactive materials for those radionuclides that
require long-term isolation from the environment.  The results of
these studies, along with the departmental recommendations for their
implementation, shall be reported by the department to the
appropriate committees of the Legislature on or before December 31,
1983.
   (e) Within six months after September 28, 1983, the Governor shall
direct the appropriate state agency or agencies, as determined by
the Governor, to conduct and complete a study that identifies those
regions of the state within which it is likely the criteria developed
pursuant to subdivision (c) could be met.  The state agency or
agencies, so directed, may also request, when appropriate, the
assistance of state or federal agencies or private organizations.
   115010.  (a) The department shall not grant any license to receive
radioactive material from other persons for disposal on land unless
all of the following requirements are satisfied:
   (1) The land on which the radioactive wastes are to be buried is
owned by the federal or state government.
   (2) The department determines that the site is consistent with the
public health and safety.
   (3) The applicant for the license will comply with the emergency
regulations adopted by the department pursuant to subdivision (b).
   (b) Not later than six months after September 28, 1983, the
department shall adopt emergency regulations for the licensing of
those persons engaged in the disposal of low-level radioactive waste
and for implementing this section and Sections 115015, 115020, and
115030.
   The emergency regulations shall be consistent with the federal
regulations found in Sections 301 through 311, inclusive, of Part 20
of Title 10 and in Part 61 of Title 10 of the Code of Federal
Regulations (Federal Register, Vol.  47, No. 28, page 57446, December
27, 1982) and shall be adopted solely for the purposes of clarifying
and rendering specific, for application in California, these federal
regulations and implementing this section and Sections 115015,
115020, and 115030.
   (c) The emergency regulations specified in subdivision (b) shall
be adopted by the department in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, any emergency
regulations adopted by the department pursuant to this subdivision
shall not be repealed by the  Office of Administrative Law and shall
remain in effect until revised or repealed by the department.
   (d) The department may, by emergency regulation adopted in
accordance with subdivision (c), establish and collect a fee for the
issuance or renewal of a license specified in subdivision (a).
   115015.  The department may limit the number of licenses issued
pursuant to Sections 114990, 115010, and 115020 authorizing the
receipt of radioactive material from other persons
                                   for disposal on land.
   115020.  (a) All applicants filing a statement of capabilities and
notice of intention to file an application for a license to receive
radioactive materials from other persons for disposal on land shall
file the statement and notice within three months after the
department adopts the emergency regulations specified in subdivision
(b) of Section 115010.  Within 45 days after the termination of that
three-month filing period, the department shall evaluate the
statements of capabilities and notices of intent.  The director shall
determine, within that 45-day period, whether the department has
received one or more statements and notices that are likely to result
in the filing of an application for a license satisfying the
requirements of Section 115010.
   (b) If the director determines, within the 45-day period specified
in subdivision (a), that the department has received one or more
statements of capabilities and notices of intent which are likely to
result in the filing of an application for a license, the department
shall, within the 45-day period, select one of the applicants who
filed the statement of capabilities and notice of intent to file a
license application as a license designee.
   (c) The department shall adopt emergency regulations establishing
procedures for the review and evaluation of the statements of
capabilities and notices of intent, as specified in subdivision (a),
and for the selection of a license designee, as specified in
subdivision (b).  These emergency regulations shall be adopted by the
department in accordance with subdivision (c) of Section 115010 and
shall include procedures for soliciting, evaluating, ranking, and
designating license designees and for selecting alternative license
designees based upon the ranking.
   (d) The department may solicit additional statements of
capabilities and notices of intent if a license designee withdraws or
becomes ineligible for licensing, or if a license is issued and is
then suspended, revoked, or terminated.
   (e) The department may, by emergency regulations adopted in
accordance with subdivision (c) of Section 115010, establish and
collect a fee for filing a statement of capabilities and notice of
intent.
   (f) The department may require that a person selected as a license
designee pursuant to this section post a bond of up to one million
dollars ($1,000,000) to guarantee that the person will carry out the
activities connected with completing the license application and
obtaining the license.  The department shall, by emergency regulation
adopted in accordance with subdivision (c) of Section 115010,
establish standards for the forfeiture of the bond.
   115025.  (a) If, within 45 days after the termination of the
three-month filing period specified in subdivision (a) of Section
115020, the director determines that the department has not received
a statement of capabilities and a notice of intent to file an
application for a license to receive radioactive materials from other
persons for disposal on land that is likely to result in the filing
of an application that satisfies the requirements of Section 115010,
the director shall notify the Secretary of the Resources Agency.
   (b) Within one year after receiving the notification specified in
subdivision (a), the Secretary of the Resources Agency shall file
with the department an application for a license to receive
radioactive materials from other persons for disposal on land at a
site within a region identified pursuant to subdivision (e) of
Section 115005 and that is owned, operated, or both, by the state.
   (c) (1) Upon the request of the Resources Agency, the Director of
Finance may provide a loan from the General Fund to the Resources
Agency for the purposes of implementing this section.  The Resources
Agency shall repay any loans made pursuant to this section pursuant
to the terms and conditions prescribed by the Department of Finance,
including interest at the rate set by the Pooled Money Investment
Board pursuant to Section 16314 of the Government Code.
   (2) The Director of Finance shall not provide more than two
million dollars ($2,000,000) pursuant to this subdivision during the
1983-84 fiscal year.  The amount for loans in the 1984-85 fiscal
year, and subsequent fiscal years, shall be specified annually in the
Budget Act and the total of all loans made pursuant to this
subdivision shall not exceed fifteen million dollars ($15,000,000).
   (d) If a radioactive materials disposal site that is owned,
operated, or both, by the state is established pursuant to this
section, the Secretary of the Resources Agency shall establish a
schedule of fees to be charged each person who disposes of
radioactive materials at the site.  The schedule of fees shall be set
at an amount sufficient to reimburse the state for any costs
incurred in developing, constructing, and operating the site.
   115030.  The department may require that all schedules of fees
charged for the disposal of radioactive material by a person owning
or operating a site licensed pursuant to Section 115010 are to be
submitted to the department prior to their implementation.  The
department may determine, following a public hearing and based upon
written findings, if the fees to be charged are reasonable and may
require the owner or operator to modify the fee schedule if so
determined by the department.
   115035.  In addition to the fees authorized to be levied pursuant
to Section 115065, the department may, by regulation, set fees to be
paid for the disposal in the state of low-level radioactive waste,
set in an amount sufficient to pay the costs of the regulatory
activities specified in paragraphs (2) and (3) of subdivision (E) of
Article 4 of the Southwestern Low-Level Radioactive Waste Disposal
Compact, as specified in Section 115255.
   115040.  (a) The license designee shall file periodic financial
reports with the department as directed by the department.  These
reports shall provide detailed information on past and projected
expenditures for development and operation of the low-level
radioactive waste disposal site according to progammatic function,
including, but not limited to, all of the following:
   (1) Program management.
   (2) Candidate sites selection.
   (3) Site characterization.
   (4) Environmental.
   (5) Public and agency involvement.
   (6) Licensing and permitting.
   (7) Site development.
   (8) Land acquisition.
   (9) Financing.
   (10) Operations.
   (b) The license designee shall file reports with the department,
as directed by the department, that identify, quantify, and explain
major causes of actual and projected cost overruns and cost underruns
with regard to the cost projections provided in the statement of
capabilities and notice of intent.
   (c) The Legislature finds and declares that the purpose of this
section is to identify minimum financial reporting requirements for
the costs of developing and operating the state's low-level
radioactive waste disposal facility.  This section does not limit the
authority of the department to require the license designee to
furnish any additional information that the department determines to
be necessary to fulfill its duties under this chapter, including
Section 115030.
   115045.  (a) The department is authorized, pursuant to subdivision
(d), to establish and operate, or contract for the establishment and
contract for operation, of one or more low-level radioactive waste
interim storage facilities for the exclusive use of persons located
in California who are licensed by the department or the United States
Nuclear Regulatory Commission.
   (b) In addition to the fees authorized to be levied pursuant to
Section 115065, the department is authorized to set and collect fees,
by regulation, to be paid by generators in California of low-level
radioactive waste in an amount sufficient to support the development
and operation of the facilities including the surveillance and repair
of damaged packages, maintenance of the facilities, decontamination,
decommissioning, and postclosure maintenance of these facilities,
recordkeeping systems, and other activities as the department finds
necessary to ensure the safe operation of such a facility.  In no
event shall any fee be set in an amount that exceeds the amount
reasonably necessary to implement this section.  The department is
also authorized to require the operators or the users of the
facilities to post bonds or possess adequate insurance as may be
reasonably necessary to protect the state against such liabilities as
storage and ultimate disposal costs for abandoned waste and against
claims arising out of accidents or failures of the storage facility.

   (c) All users of any facility operated pursuant to this section
must all meet state and federal orders, requirements, or regulations
for handling and management of low-level radioactive waste including
those prescribed pursuant to subdivision (b) of Section 115005.
   (d) No low-level radioactive waste interim storage facility may be
established pursuant to subdivision (a) until all of the following
occurs:
   (1) The department has fulfilled the requirements of subdivisions
(a) and (b) of Section 115005 and has submitted its findings to the
Legislature.
   (2) The establishment of the interim storage facility is
consistent with the elements of the low-level radioactive waste
disposal plan specified in subdivisions (a) and (b) of Section
115005.
   (3) The department files a notice with the Legislature, while in
session, 60 days before establishing the facility.
   (e) In addition to any other grounds authorizing the department,
or any person with whom it contracts, to cease the operation of a
low-level radioactive waste interim storage facility, any such
facility shall cease accepting low-level radioactive waste for
interim storage (1) no later than five years after the date it
commences operating or (2) if the director determines that an
alternate disposal site is available to California licensees in the
western region of the United States, whichever event occurs first.
   (f) Within seven years of commencing operation of any interim
storage facility all wastes stored at the facility shall be
transferred to a permanent land burial disposal site or permanently
disposed of by some other treatment or means of disposal and the
facility shall be closed and thereafter, to the extent necessary, as
determined by the department, decontaminated and decommissioned.
   (g) This section shall remain in effect for a period of eight
years from the date of the establishment of a low-level radioactive
waste interim storage facility pursuant to this section, and as of
that date is repealed.  The director shall report the date the
facility is established to the appropriate committees of each house
of the Legislature and the Legislative Counsel Bureau.
   115050.  The Governor shall negotiate and enter into interstate
agreements, interstate compacts, or agreements with compacts, for the
purpose of establishing access to, or maintaining access to, land
disposal facilities for low-level radioactive waste generated in
California.  The terms of the agreement or compact may include, but
are not limited to, a provision that the other parties to the
agreement or compact will have reciprocal access to California
permanent disposal facilities, when operational.
   The Governor shall report to the Legislature on the status of
these negotiations within four months after September 28, 1983, and
every four months thereafter, until an agreement or compact is
entered into or the negotiations are terminated.
   Any agreement or compact that proposes membership for California
in a compact made pursuant to the Low-Level Radioactive Waste Policy
Act (42 U.S.C.  Secs. 2021b to 2021d, inclusive) or any interstate
agreement or agreement with a compact that includes a provision that
the other parties to the agreement will have reciprocal access to
California permanent disposal facilities, when operational, shall be
submitted to the Legislature for ratification by statute.
   115055.  The director shall appoint, in consultation with the
Chairperson of the Senate Committee on Rules and the Speaker of the
Assembly, an advisory committee to advise the department regarding
methods for minimizing the environmental impact of low-level wastes,
criteria for siting low-level waste treatment and burial facilities,
alternatives to land burial of low-level waste, and waste
classification schemes.
   The committee shall include representatives from the field of
medicine, and from research, industrial, environmental, and public
health organizations, who have demonstrated expertise and experience
with radioactive materials, waste management, the health effects of
exposure to low-level waste, or the environmental impact associated
with the storage of low-level waste.  The director shall appoint to
the advisory committee the director of environmental health of the
county where a low-level waste disposal facility is sited.

      Article 4.  Licensing and Regulation of Sources of Ionizing
Radiation

   115060.  (a) The department shall provide by rule or regulation
for general or specific licensing of persons to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
these materials.  That rule or regulation shall provide for
amendment, suspension, or revocation of licenses.
   (b) The department may require registration and inspection of
sources of ionizing radiation other than those that require a
specific license, and compliance with specific safety standards to be
adopted by the department.
   (c) The department may exempt certain sources of ionizing
radiation or kinds of uses or users from the licensing or
registration requirements set forth in this section when the
department makes a finding that the exemption of these sources of
ionizing radiation or kinds of uses or users will not constitute a
significant risk to the health and safety of the public.
   (d) Regulations adopted pursuant to this chapter may provide for
recognition of other state or federal licenses as the department may
deem desirable, subject to registration requirements as the
department may prescribe.
   (e) The department shall adopt registration and certification
regulations for mammography equipment.  These regulations shall
include, but not be limited to, all of the following requirements:
   (1) An X-ray machine used for mammography shall be specifically
designed for mammography and inspected by the department, or deemed
satisfactory by the department based upon evidence of certification
by the American College of Radiology mammography accreditation
program, or an accreditation program that the department deems
equivalent before it is certified.
   (2) That all persons who have a certificate for mammography
equipment follow a quality assurance program to be adopted by the
department to ensure the protection of the public health and safety.

   (3) That quality assurance tests, as determined by the department,
are performed on all mammography equipment located in a mobile van
or unit after each relocation of the mobile van or unit to a
different location for the purpose of providing mammography.  This
equipment shall be recalibrated if images are not of diagnostic
quality as determined by the department.  A written record of the
location of mobile vans or units with dates and times shall be
maintained and available for inspection by the department.
   (4) On or after July 15, 1993, all mammography equipment shall be
registered with and certified by the department.  If this mammography
equipment is certified by a private accreditation organization, the
department shall take into consideration evidence of this private
certification when deciding to issue a mammogram certification.
   (5) All licenses, permits, and certificates issued by the
department pursuant to this chapter and the Radiologic Technology Act
(Section 27) relating to the use of mammography equipment shall be
publicly posted pursuant to this section and regulations adopted by
the department.
   (f) To further ensure the quality of mammograms, the department
shall require all mammogram facilities, other than mobile units or
vans, to operate quickly and efficiently so as to ensure that the
facilities are able to develop mammograms of diagnostic quality prior
to when the patient leaves the facility.
   115065.  (a) The department shall provide by regulation a schedule
of the fees that shall be paid by the following persons:
   (1) Persons possessing radioactive materials under licenses issued
by the department or under other state or federal licenses for the
use of these radioactive materials, when these persons use these
radioactive materials in the state in accordance with the regulations
adopted pursuant to subdivision (d) of Section 115060.
   (2) Persons generally licensed for the use of devices and
equipment utilizing radioactive materials that are designed and
manufactured for the purpose of detecting, measuring, gauging, or
controlling thickness, density, level, interface location, radiation,
leakage, or qualitative or quantitative chemical composition, or for
producing light or an ionized atmosphere, if the devices are
manufactured pursuant to a specific license authorizing distribution
to general licensees.
   (b) The revenues derived from the fees shall be used, together
with other funds made available therefor, for the purpose of the
issuance of licenses or the inspection and regulation of the
licensees.
   (c) The department may adopt emergency regulations pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code to establish and adjust fees for
radioactive materials licenses in an amount to produce estimated
revenues equal to at least 95 percent of the department's costs in
carrying out these licensing requirements, if the new fees were to
remain in effect throughout the fiscal year for which the fee is
established or adjusted.
   (d) A local agency participating in a negotiated agreement
pursuant to Section 114990 shall be fully reimbursed for direct and
indirect costs based upon activities governed by Section 115070.
With respect to these agreements, any salaries, benefits, and other
indirect costs shall not exceed comparable costs of the department.
   (e) The fees for licenses for radioactive materials and of devices
and equipment utilizing those materials shall be adjusted annually
pursuant to Section 100425.
   115070.  The frequency of inspections of radioactive materials
shall be based on priorities established by the United States Nuclear
Regulatory Commission.
   115075.  In addition to the annual adjustment of the fees
authorized by this chapter pursuant to Section 100425, on or before
January 1, 1991, the director may adopt emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, to establish and
adjust these fees, and for purposes of that chapter, including
Section 11349.6 of the Government Code, an adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health and safety, and general welfare.
   115080.  (a) The department shall provide by regulation a ranking
of priority for inspection, as determined by the degree of
potentially damaging exposure of persons by ionizing radiation and
the requirements of Section 115085, and a schedule of fees, based
upon that priority ranking, that shall be paid by persons possessing
sources of ionizing radiation that are subject to registration in
accordance with subdivisions (b) and (e) of Section 115060, and
regulations adopted pursuant thereto.  The revenues derived from the
fees shall be used, together with other funds made available
therefor, for the purpose of carrying out any inspections of the
sources of ionizing radiation required by this chapter or regulations
adopted pursuant thereto.  The fees shall, together with any other
funds made available to the department, be sufficient to cover the
costs of administering this chapter, and shall be set in amounts
intended to cover the costs of administering this chapter for each
priority source of ionizing radiation.  Revenues generated by the
fees shall not offset any general funds appropriated for the support
of the radiologic programs authorized pursuant to this chapter, and
the Radiologic Technology Act (Section 27), and Chapter 7.6
(commencing with Section 114960).  Persons who pay fees shall not be
required to pay, directly or indirectly, for the share of the costs
of administering this chapter of those persons for whom fees are
waived.  The department shall take into consideration any contract
payment from the Health Care Financing Administration for performance
of inspections for Medicare certification and shall reduce this fee
accordingly.
   (b) A local agency participating in a negotiated agreement
pursuant to Section 114990 shall be fully reimbursed for direct and
indirect costs based upon activities governed by Section 115085.
With respect to these agreements, any salaries, benefits, and other
indirect costs shall not exceed comparable costs of the department.
Any changes in the frequency of inspections or the level of
reimbursement to local agencies made by this section or Section
115085 during the 1985-86 Regular Session shall not affect ongoing
contracts.
   (c) The fees paid by persons possessing sources of ionizing
radiation shall be adjusted annually pursuant to Section 100425.
   115085.  The average inspection frequency for ionizing radiation
machines shall be once each year for mammography X-ray units, once
every three years for high-priority sources of ionizing radiation,
and once every four and one-quarter years for medium-priority
sources.  Sources of ionizing radiation used in dentistry shall be
screened for defects by mail or other offsite methodology not less
frequently than once every five years, with physical inspection of
the 50 percent, determined by the department to be most in need of
inspection, to average at least once every six years.
   115090.  In making the determination of whether to grant, deny,
amend, revoke, suspend, or restrict a certification, registration, or
license, the department may consider those aspects of a person's
background that, in its judgment, bear materially on that person's
ability to fulfill her or his obligations, including but not limited
to technical competency and her or his current or prior record in
areas involving ionizing radiation.

      Article 5.  Inspection

   115095.  Any officer, employee, or agent of the department or of
any state or local agency with which an agreement has been made
pursuant to Section 114990 shall have the power to enter at all
reasonable times upon any private or public property within the
jurisdiction of the agency for the purpose of determining whether or
not there is compliance with or violation of this chapter, building
standards published in the State Building Standards Code relating to
buildings in which there are sources of ionizing radiation, or of the
regulations adopted pursuant to this chapter, and the owner,
occupant, or person in charge of the property shall permit that entry
and inspection.  Entry into areas under the jurisdiction of the
federal government shall be effected only with the concurrence of the
federal government or its duly designated representative.
   115100.  (a) The person responsible for registering mammographic
X-ray equipment shall be responsible for assuring that the
mammographic X-ray equipment under his or her jurisdiction has been
inspected and that mammography quality assurance tests are performed
by a medical physicist, health physicist, or other individual with
qualifications similar to those approved by the department and
prescribed in the May 1990 version of the "Rules of Good Practice for
Supervision and Operation of Mammographic X-Ray Equipment," as
approved by the Radiologic Technology Certification Committee.
   (b) If the department adopts regulations on or after January 1,
1993, that provide similar or stronger protection of a patient's
health and safety than the "Rules of Good Practice for Supervision
and Operation of Mammographic X-Ray Equipment," as determined by the
department, then those rules shall no longer apply to this section.


      Article 6.  Records

   115105.  The department shall require each person who acquires,
possesses or uses a source of ionizing radiation to maintain records
relating to its receipt, storage, transfer or disposal, and other
records as the department may require, subject to exemptions as may
be provided by regulations.
   115110.  The department shall require each person who possesses or
uses a source of ionizing radiation to maintain appropriate records
showing the radiation exposure of all individuals for whom personnel
monitoring is required by regulations of the department.  Copies of
these records and those required to be kept in accordance with
Section 115105 shall be submitted to the department upon request.
   The department shall adopt reasonable regulations, compatible with
those of the United States Atomic Energy Commission, pertaining to
reports of exposure of personnel.  The regulations shall require that
reports of excessive exposure be made to the individual exposed and
to the department, and shall make provision for periodic and terminal
reports to individuals for whom personnel monitoring is required.
Section 6411 of the Labor Code shall not be construed as exempting
any person from making any report required by this section.
   115115.  (a) The person responsible for registering mammographic
X-ray equipment or a certified supervisor, as defined in subdivision
(i) of Section 114850, shall establish and maintain a Mammography
Quality Assurance Program that includes:
   (a) A Mammography Quality Assurance Manual for the identification
of mammography quality assurance tests performed, test frequency,
test equipment used, maintenance and calibration of test equipment,
and the qualifications of individuals who perform the tests in order
to ensure compliance with the May 1990 version of "Rules of Good
Practice for Supervision and Operation of Mammographic X-Ray
Equipment" or the regulations of the department.
   (b) A "Mammography X-Ray Equipment and Facility Accreditation
Certificate" issued by the department that shall be posted on each
X-ray machine specifically dedicated for the purpose of mammography.


      Article 7.  Federal-State Agreements

   115120.  The Governor, on behalf of this state, may enter into
agreements with the federal government providing for discontinuance
of certain of the federal government's responsibilities with respect
to sources of ionizing radiation and the assumption thereof by this
state.  The agreements shall become effective only when ratified by
law.
   115125.  Any person who, on the effective date of an agreement
under Section 115120, possesses a license issued by the federal
government shall be deemed to possess the same pursuant to a license
issued under this chapter.  The license shall expire either 90 days
after receipt from the department of a notice of expiration of the
license, or on the date of expiration specified in the federal
license, whichever is the earlier.

      Article 8.  Inspection Agreements and Training Programs

   115130.  The department, on behalf of this state, may enter into
an agreement or agreements with the federal government, other states,
or interstate agencies, whereby this state will perform on a
co-operative basis with the federal government, other states, or
interstate agencies, inspections or other functions relating to
control of sources of ionizing radiation.
   115135.  The department and any other appropriate state agency may
institute training programs for the purpose of qualifying personnel
to carry out this chapter, and may make those personnel available for
participation in any program or programs of the federal government,
other states, or interstate agencies in furtherance of the purposes
of this chapter.
   115140.  Ordinances, resolutions or regulations, now or hereafter
in effect, of the governing body of a city or county relating to
radioactive materials or other sources of radiation shall not be
superseded by this chapter, provided that the ordinances or
regulations are and continue to be consistent with the provisions of
this chapter, amendments thereto, and regulations thereunder.  No
city or county shall require the payment of a fee in connection with
the activities governed by Section 115065 when a fee is required by
rules or regulations adopted pursuant to that section, and no city or
county shall require the payment of a fee in connection with the
activities governed by Section 115080 when a fee is required by rules
or regulations adopted pursuant to that section.

      Article 10.  Administrative Procedure

   115145.  (a) In any proceeding under this chapter for granting or
amending any license, or for determining compliance with, or granting
exceptions from, regulations adopted in accordance with this
chapter, the department shall afford an opportunity for a hearing on
the record upon the request of any person whose interest may be
affected by the proceeding, and shall admit that person as a party to
the proceeding.
   (b) Proceedings for the suspension or revocation of licenses under
this chapter shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the department shall have all the powers
granted therein.
   (c) The adoption, repeal, or amendment of regulations pursuant to
this chapter shall be accomplished in conformity with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
   115150.  Whenever the department finds that an emergency exists
requiring immediate action to protect the public health and safety,
the department may, without notice or hearing, issue a regulation or
order reciting the existence of the emergency and requiring that
action be taken as is deemed necessary to meet the emergency.
Notwithstanding any provision of this chapter, the regulation or
order shall be effective immediately.  Any person to whom the
regulation or order is directed shall comply therewith immediately,
but on application to the department shall be afforded a hearing
within 15 days.  On the basis of the hearing, the emergency
regulation or order shall be continued, modified, or revoked within
30 days after the hearing.
   115155.  Any final order entered in any proceeding under Sections
115145 and 115150 shall be subject to judicial review in the manner
prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.

      Article 11.  Injunction Proceedings

   115160.  Whenever, in the judgment of the department, any person
has engaged in or is about to engage in any acts or practices that
constitute or will constitute a violation of any provision of this
chapter, or any rule, regulation or order issued thereunder, and at
the request of the department, the Attorney General may make
application to the superior court for an order enjoining the acts or
practices, or for an order directing compliance, and upon a showing
by the department that the person has engaged in or is about to
engage in any such acts or practices, a permanent or temporary
injunction, restraining order, or other order may be granted.

      Article 12.  Uses

   115165.  It shall be unlawful for any person to use, manufacture,
produce, knowingly transport, transfer, receive, acquire, own, or
possess, any source of ionizing radiation unless licensed by or
registered with the department in accordance with this chapter and
regulations issued thereunder.
   115170.  It is unlawful for any person to manufacture, construct,
produce, transfer, acquire, use, or possess any of the materials or
facilities for which a permit or license is required under the
provisions of the Atomic Energy Act of 1954 (Public Law 85-256)
unless he or she shall have first obtained a permit or license.
Violation of this section is a misdemeanor.

      Article 13.  Impounding of Materials

   115175.  The department shall have the authority in the event of
an emergency to impound or order the impounding of sources of
ionizing radiation in the possession of any person who is not
equipped to observe or fails to observe this chapter or any rules or
regulations issued thereunder.
   115180.  The term "decontamination," as used in this chapter,
means the reduction of the level of contamination from radioactive
material to the level that the department determines is reasonably
necessary to eliminate the hazard to public health that is caused by
the contamination of any object, building, structure, or premises.
Any order by the department pursuant to Section 115185 shall
prescribe the level to which the contamination is required to be
reduced in order to eliminate the hazard to the public health.
   115185.  If the department determines that any object, building,
structure, or premises is contaminated by radioactive material and
constitutes a hazard to the public health, it shall order the person
who has control of the object, building, structure, or premises to
cease to use or occupy and to exercise due caution to prevent others
from using or occupying the object, building, structure, or premises,
except to the extent necessary to accomplish the decontamination, or
to the extent necessary to accomplish the disposal of the object,
building, or structure as radioactive waste.  The normal use or
occupancy of the object, building, structure, or premises may not be
resumed until decontamination has been accomplished and a release
obtained from the department.
   If the person who has control of the object, building, structure,
or premises fails to comply with the department's order to
decontaminate, the department may impound or seize the object,
building, structure, or premises.  The department after impounding or
seizure of an object, building, structure, or premises, may
decontaminate the object, building, structure, or premises.
   115190.  If the department determines that the object, building,
structure, or premises does not warrant decontamination because of
its low value, it shall so notify in writing the person who had
control of the object, building, structure, or premises.  The person
so notified may decontaminate the object, building, structure, or
premises, but if he or she fails to do so within 15 days after the
notice, the department may cause the object, building, structure, or
premises to be disposed of as radioactive waste.
   115195.  If the department causes the object, building, structure
or premises to be decontaminated, the department shall, upon the
completion of the decontamination, return the impounded article or
seized building, structure, or premises to the person who had control
of the article, building, structure, or premises prior to the
impounding or seizure.  The person who has control of the object,
building, structure, or premises and was responsible for its
contamination shall pay the department for the reasonable and
necessary costs incurred by the department in seizing and
decontaminating or in seizing and disposing of the object, building,
structure, or premises.
   115200.  If the contamination of the object, building, structure,
or premises resulted from the negligence of another person, then the
department may require that person to pay all reasonable and
necessary costs incurred by the department in seizing and
decontaminating or disposing of the object, building, structure, or
premises and may maintain any action necessary to recover those
costs.
   115205.  (a) A lien in favor of the people of California shall be
imposed upon any object, building, structure, or premises for the
reasonable amount of expenses and costs incurred by the department in
carrying out the provisions of Section 115185, 115190, 115195, or
115200 if the owner of the property or of any interest therein is the
person responsible for the contamination, and to the extent of the
interest of that person.  Notice of lien or notice of intent to
impose a lien shall be posted by the department upon any object,
building, structure, or premises impounded or seized by the
department and notice of lien or notice of intent to impose a lien
shall be filed with the county recorder of the county in which they
are located.
   The lien shall not become effective until the notice of lien,
particularly identifying the property, the interest subject to the
lien and the name of the owner of record of the property, and the
amount of the lien, is recorded in the office of the county recorder
in the county where the property is located.  Upon the recordation,
the lien shall have the same force, effect and priority as if it had
been a judgment lien imposed upon real property that was not exempt
from execution, except that it shall attach only to the property
described in the notice and impounded or seized by the department,
and shall continue for 10 years from the time of the recording of the
notice unless sooner released or otherwise discharged.
   (b) The department may at any time release all or any portion of
the property subject to a lien imposed pursuant to subdivision (a)
from the lien or subordinate the lien to other liens and encumbrances
if it determines that the amount owed is sufficiently secured by a
lien on other property or that the release or subordination of the
lien will not jeopardize the collection of the amount owed.  A
certificate by the department to the effect that any property has
been released from the lien or that the lien has been subordinated to
other liens and encumbrances shall be conclusive evidence that the
property has been released or that the lien has been subordinated as
provided in the certificate.
   115210.  (a) The city attorney of the city or the district
attorney of the county in which any violations of this chapter occur,
occurred, or will occur, or the Attorney General, at the request of
the department, may institute on behalf of the people of California
any civil action necessary to carry out this chapter, including, but
not restricted to, the enforcement of liens, the obtaining of
injunctions, or the imposition of civil penalties.
   (b) If the civil penalties are awarded and the action is brought
by a city attorney or district attorney, the penalty shall be paid
directly to the city or county.  If no penalty is awarded or paid, or
both, the state shall have no obligation to make any payment to the
city or county.
   If the civil penalty is awarded and the action is brought by the
Attorney General, the penalty shall be deposited in the General Fund.


      Article 14.  Penalties

   115215.  (a) Any person who violates this chapter, or rules,
regulations, or orders in effect adopted pursuant to this chapter, is
guilty of a misdemeanor and shall, upon conviction, be punished by a
fine not to exceed one thousand dollars ($1,000) or by imprisonment
in the county jail for a period not to exceed 180 days, or by both
the fine and imprisonment.
   (b) Any person who knowingly disposes or causes the disposal of
any radioactive material regulated by this chapter, or who reasonably
should have known that the person was disposing or causing the
disposal of the material, at a facility within the state that does
not have a license for disposal issued by the department pursuant to
this chapter, or at any point in the state that is not authorized
according to this chapter, or by any other local, state, or federal
agency having authority over radioactive materials, and is in
violation of this chapter, or any regulation or order adopted
pursuant to this chapter, is guilty of a public offense, and upon
conviction, may be punished as follows:
   (1) If the disposal is found to have caused a substantial danger
to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2).  The court may also impose, upon
a person convicted of violating this subdivision, a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as otherwise provided in paragraph (2).
   (2) If the act that violated this subdivision caused great bodily
injury or caused a substantial probability that death could result,
the person convicted may be punished by imprisonment in the state
prison for three, five, or seven years and may be fined not more than
two hundred fifty thousand dollars ($250,000) for each day of
violation.
   (c) Any person who knowingly transports or causes the
transportation of any radioactive material regulated by this chapter,
or who reasonably should have known that the person was causing the
transportation of the material, to a facility in the state that does
not have a license from the department issued pursuant to this
chapter, to any point in the state that is not authorized by this
chapter, or to any point in the state that is not authorized by any
other local, state, or federal agency having authority over
radioactive materials, and is in violation of this chapter, or any
regulation or order adopted pursuant to this chapter, is guilty of a
public offense and, upon conviction, may be punished as follows:
   (1) If the transportation is found to have caused a substantial
danger to the public health or safety, the person may be punished by
imprisonment in the county jail for not more than one year or by
imprisonment in the state prison for 16, 24, or 36 months, except as
otherwise provided in paragraph (2).  The court may also impose, upon
a person convicted of violating this subdivision, a fine of not more
than one hundred thousand dollars ($100,000) for each day of
violation, except as provided by paragraph (2).
   (2) If the transportation that violated this subdivision caused
great bodily injury or caused a substantial probability that death
could result, the person convicted may be punished by imprisonment in
the state prison for three, five, or seven years and may be fined
not more than two hundred fifty thousand dollars ($250,000) for each
day of violation.
   (d) Notwithstanding any other provision of this chapter,
radioactive materials used in medical treatment or result from
medical treatment, that are disposed, stored, handled, or transported
in a manner authorized pursuant to this chapter, are exempt from
subdivisions (b) and (c).
   (e) Notwithstanding subdivision (a), any person who violates any
provision of this chapter relating to mammography or regulations
adopted pursuant to those provisions is guilty of a misdemeanor and
shall, upon conviction thereof, be punished by a fine not to exceed
five thousand dollars ($5,000), per day of offense, or by
imprisonment in the county jail not to exceed 180 days, or both the
fine and imprisonment.
   115220.  (a) Any person who intentionally or through gross
negligence violates any provision of this chapter, or any rule or
regulation adopted pursuant thereto, or who fails or refuses to
comply with a cease and desist order or other order of the department
issued thereunder, and that action causes a substantial danger to
the health of others, shall be liable to the department for a civil
penalty not to exceed five thousand dollars ($5,000) per day, per
offense.
   (b) The remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.


      Article 15.  Effective Date of Licensing Provisions

   115225.  Subdivision (a) of Section 115060 and other provisions of
this chapter relating to licensing and the enforcement thereof shall
become effective only upon execution of an agreement pursuant to
Section 115120.  Section 115080 shall become operative on July 1,
1962.

      Article 16.  Agreement Between the United State Atomic Energy
Commission and the State of California

   115230.  The Legislature of the State of California hereby
ratifies and approves that certain agreement designated as the
"Agreement between the United States Atomic Energy Commission and the
State of California for Discontinuance of Certain Commission
Regulatory Authority and Responsibility within the State Pursuant to
Section 274 of the Atomic Energy Act of 1954, as Amended," that was
approved by the Chairman of the Atomic Energy Commission on the ninth
day of March 1962, under authority of Section 274 of the Atomic
Energy Act of 1954, as amended (Public Law 86-373), and by the
Governor of California on the 12th day of March 1962, under authority
of and in conformity with Section 115120; and the provisions of this
agreement shall become effective in accordance with Article IX of
the agreement set forth in Section 115235.
   115235.  The provisions of said agreement are as follows:

      Article I

   Subject to the exceptions provided in Articles II, III, and IV,
the Commission shall discontinue, as of the effective date of this
Agreement, the regulatory authority of the Commission in the State
under Chapters 6, 7, and 8, and Section 161 of the Act with respect
to the following materials:
   A. Byproduct materials;
   B. Source materials; and
   C. Special nuclear materials in quantities not sufficient to form
a critical mass.

      Article II

   This Agreement does not provide for discontinuance of any
authority and the Commission shall retain authority and
responsibility with respect to regulation of:
   A. The construction and operation of any production or utilization
facility;
   B. The export from or import into the United States of byproduct,
source, or special nuclear material, or of any production or
utilization facility;
   C. The disposal into the ocean or sea of byproduct, source, or
special nuclear waste materials as defined in regulations or orders
of the Commission;
   D. The disposal of other byproduct, source, or special nuclear
material as the Commission from time to time determines by regulation
or order should, because of the hazards or potential hazards
thereof, not be so disposed of without a license from the Commission.


      Article III

   Notwithstanding this Agreement, the Commission may from time to
time by rule, regulation, or order, require that the manufacturer,
processor, or producer of any equipment, device, commodity, or other
product containing source, byproduct, or special nuclear material
shall not transfer possession or control of the product except
pursuant to a license or an exemption from licensing issued by the
Commission.

      Article IV

   This Agreement shall not affect the authority of the Commission
under Subsection 161 b. or i. of the Act to issue rules, regulations,
or orders to protect the common defense and security, to protect
restricted data or to guard against the loss or diversion of special
nuclear material.

      Article V

   The State will use its best efforts to maintain continuing
compatibility between its program and the program of the Commission
for the regulation of like materials.  To this end the State will use
its best efforts to keep the Commission informed of proposed changes
in its regulations, and licensing, inspection, and enforcement
policies and criteria, and of proposed requirements for the design
and distribution of products containing source, byproduct, or special
nuclear material, and to obtain the comments and assistance of the
Commission thereon.

      Article VI

   The Commission will use its best efforts to keep the State
informed of proposed changes in its regulations, and licensing,
inspection, and enforcement policies and criteria and to obtain the
comments and assistance of the State thereon.

      Article VII

   The Commission and the State agree that it is desirable to provide
for reciprocal recognition of licenses for the materials listed in
Article I licensed by the other party or by any agreement State.
Accordingly, the Commission and the State agree to use their best
efforts to develop appropriate rules, regulations, and procedures by
which such reciprocity will be accorded.

      Article VIII

   The Commission, upon its own initiative after reasonable notice
and opportunity for hearing to the State, or upon request of the
Governor of the State, may terminate or suspend this Agreement and
reassert the licensing and regulatory authority vested in it under
the Act if the Commission finds that such termination or suspension
is required to protect the public health and safety.

      Article IX

   This Agreement, upon ratification by law of the State, shall
become effective on the ninety-first day after the adjournment of the
First Extraordinary Session of the 1962 California Legislature or on
September 1, 1962, whichever is later, and shall remain in effect
unless, and until such time as it is terminated pursuant to Article
VIII.


      Article 17.  Southwestern Low Level Radioactive Waste Disposal
Compact

   115250.  The Legislature of the State of California hereby enacts
and ratifies the agreement set forth in Section 115255 and designated
as the "Southwestern Low-Level Radioactive Waste Disposal Compact,"
entered into pursuant to the Low-Level Radioactive Waste Policy Act,
as amended by the Low-Level Radioactive Waste Policy Amendments Act
of 1985 (42 U.S.C. Sec. 2021b to 2021j, incl.).  This compact shall
become effective in accordance with Article 7 of the compact as set
forth in Section 115255.
   115255.  The provisions of the Southwestern Low-Level Radioactive
Waste Disposal Compact are as follows:

      Article 1.  Compact Policy and Formation

   The party states hereby find and declare all of the following:
   (A) The United States Congress, by enacting the Low-Level
Radioactive Waste Policy Act, Public Law 96-573, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021b to 2021j, incl.), has encouraged the use of interstate
compacts to provide for the establishment and operation of facilities
for regional management of low-level radioactive waste.
   (B) It is the purpose of this compact to provide the means for
such a cooperative effort between or among party states to protect
the citizens of the states and the states' environments.
   (C) It is the policy of party states to this compact to encourage
the reduction of the volume of low-level radioactive waste requiring
disposal within the compact region.
   (D) It is the policy of the party states that the protection of
the health and safety of their citizens and the most ecological and
economical management of low-level radioactive wastes can be
accomplished through cooperation of the states by minimizing the
amount of handling and transportation required to dispose of these
wastes and by providing facilities that serve the compact region.
   (E) Each party state, if an agreement state pursuant to Section
2021 of Title 42 of the United States Code, or the Nuclear Regulatory
Commission if not an agreement state, is responsible for the primary
regulation of radioactive materials within its jurisdiction.

      Article 2.  Definitions

   As used in this compact, unless the context clearly indicates
otherwise, the following definitions apply:
   (A) "Commission" means the Southwestern Low-Level Radioactive
Waste Commission established in Article 3 of this compact.
   (B) "Compact region" or "region" means the combined geographical
area within the boundaries of the party states.
   (C) "Disposal" means the permanent isolation of low-level
radioactive waste pursuant to requirements established by the Nuclear
Regulatory Commission and the Environmental Protection Agency under
applicable laws, or by a party state if that state hosts a disposal
facility.
   (D) "Generate," when used in relation to low-level radioactive
waste, means to produce low-level radioactive waste.
   (E) "Generator" means a person whose activity, excluding the
management of low-level radioactive waste, results in the production
of low-level radioactive waste.
   (F) "Host county" means a county, or other similar political
subdivision of a party state, in which a regional disposal facility
is located or being developed.
   (G) "Host state" means a party state in which a regional disposal
facility  is located or being developed.  The State of California is
the host state under this compact for the first 30 years from the
date the California regional disposal facility commences operations.

   (H) "Institutional control period" means that period of time in
which the facility license is transferred to the disposal site owner
in compliance with the appropriate regulations for long-term
observation and maintenance following the postclosure period.
   (I) "Low-level radioactive waste" means regulated radioactive
material that meets all of the following requirements:
   (1) The waste is not high-level radioactive waste, spent nuclear
fuel, or byproduct material (as defined in Section 11e(2) of the
Atomic                                               Energy Act of
1954 (42 U.S.C. Sec. 2014(e)(2))).
   (2) The waste is not uranium mining or mill tailings.
   (3) The waste is not any waste for which the federal government is
responsible pursuant to subdivision (b) of Section 3 of the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Sec. 2021c(b)).
   (4) The waste is not an alpha emitting transuranic nuclide with a
half-life greater than five years and with a concentration greater
than 100 nanocuries per gram, or Plutonium-241 with a concentration
greater than 3,500 nanocuries per gram, or Curium-242 with a
concentration greater than 20,000 nanocuries per gram.
   (J) "Management" means collection, consolidation, storage,
packaging, or treatment.
   (K) "Major generator state" means a party state that generates 10
percent of the total amount of low-level radioactive waste produced
within the compact region and disposed of at the regional disposal
facility.
   If no party state other than California generates at least 10
percent of the total amount, "major generator state" means the party
state which is second to California in the amount of waste produced
within the compact region and disposed of at the regional disposal
facility.
   (L) "Operator" means a person who operates a regional disposal
facility.
   (M) "Party state" means any state that has become a party in
accordance with Article 7 of this compact.
   (N) "Person" means an individual, corporation, partnership, or
other legal entity, whether public or private.
   (O) "Postclosure period" means that period of time after
completion of closure of a disposal facility during which the
licensee shall observe, monitor, and carry out necessary maintenance
and repairs at the disposal facility to assure that the disposal
facility will remain stable and will not need ongoing active
maintenance.  This period ends with the beginning of the
institutional control period.
   (P) "Regional disposal facility" means a nonfederal low-level
radioactive waste disposal facility established and operated under
this compact.
   (Q) "Site closure and stabilization" means the activities of the
disposal facility operator taken at the end of the disposal facility'
s operating life to assure the continued protection of the public
from any residual radioactivity or other potential hazards present at
the disposal facility.
   (R) "Transporter" means a person who transports low-level
radioactive waste.
   (S) "Uranium mine and mill tailings" means waste resulting from
mining and processing of ores containing uranium.

      Article 3.  The Commission

   (A) There is hereby established the Southwestern Low-Level
Radioactive Waste Commission.
   (1) The commission shall consist of one voting member from each
party state to be appointed by the Governor, confirmed by the Senate
of that party state, and to serve at the pleasure of the Governor of
each party state, and one voting member from the host county.  The
appointing authority of each party state shall notify the commission
in writing of the identity of the member and of any alternates.  An
alternate may act in the member's absence.
   (2) The host state shall also appoint that number of additional
voting members of the commission that is necessary for the host state'
s members to compose at least 51 percent of the membership on the
commission.  The host state's additional members shall be appointed
by the host state Governor and confirmed by the host state Senate.
   If there is more than one host state, only the state in which is
located the regional disposal facility actively accepting low-level
radioactive waste pursuant to this compact may appoint these
additional members.
   (3) If the host county has not been selected at the time the
commission is appointed, the Governor of the host state shall appoint
an interim local government member, who shall be an elected
representative of a local government.  After a host county is
selected, the interim local government member shall resign and the
Governor shall appoint the host county member pursuant to paragraph
(4).
   (4) The Governor shall appoint the host county member from a list
of at least seven candidates compiled by the board of supervisors of
the host county.
   (5) In recommending and appointing the host county member pursuant
to paragraph (4), the board of supervisors and the Governor shall
give first consideration to recommending and appointing the member of
the board of supervisors in whose district the regional disposal
facility is located or being developed.  If the board of supervisors
of the host county does not provide a list to the Governor of at
least seven candidates from which to choose, the Governor shall
appoint a resident of the host county as the host county member.
   (6) The host county member is subject to confirmation by the
Senate of that party state and shall serve at the pleasure of the
Governor of the host state.
   (B) The commission is a legal entity separate and distinct from
the party states and shall be so liable for its actions.  Members of
the commission shall not be personally liable for actions taken in
their official capacity.  The liabilities of the commission shall not
be deemed liabilities of the party states.
   (C) The commission shall conduct its business affairs pursuant to
the laws of the host state and disputes arising out of commission
action shall be governed by the laws of the host state.  The
commission shall be located in the capital city of the host state in
which the regional disposal facility is located.
   (D) The commission's records shall be subject to the host state's
public records law, and the meetings of the commission shall be open
and public in accordance with the host state's open meeting law.
   (E) The commission members are public officials of the appointing
state and shall be subject to the conflict of interest laws, as well
as any other law, of the appointing state.  The commission members
shall be compensated according to the appointing state's law.
   (F) Each commission member is entitled to one vote.  A majority of
the commission constitutes a quorum.  Unless otherwise provided in
this compact, a majority of the total number of votes on the
commission is necessary for the commission to take any action.
   (G) The commission has all of the following duties and authority:

   (1) The commission shall do, pursuant to the authority granted by
this compact, whatever is reasonably necessary to ensure that
low-level radioactive wastes are safely disposed of and managed
within the region.
   (2) The commission shall meet at least once a year and otherwise
as business requires.
   (3) The commission shall establish a compact surcharge to be
imposed upon party state generators.  The surcharge shall be based
upon the cubic feet of low-level radioactive waste and the
radioactivity of the low-level radioactive waste and shall be
collected by the operator of the disposal facility.
   The host state shall set, and the commission shall impose, the
surcharge after congressional approval of the compact.  The amount of
the surcharge shall be sufficient to establish and maintain at a
reasonable level funds for all of the following purposes:
   (a) The activities of the commission and commission staff.
   (b) At the discretion of the host state, a third-party liability
fund to provide compensation for injury to persons or property during
the operational, closure, stabilization, and postclosure and
institutional control periods of the regional disposal facility.
This subparagraph does not limit the responsibility or liability of
the operator, who shall comply with any federal or host state
statutes or regulations regarding third-party liability claims.
   (c) A local government reimbursement fund, for the purpose of
reimbursing the local government entity or entities hosting the
regional disposal facility for any costs or increased burdens on the
local governmental entity for services, including, but not limited
to, general fund expenses, the improvement and maintenance of roads
and bridges, fire protection, law enforcement, monitoring by local
health officials, and emergency preparation and response related to
the hosting of the regional disposal facility.
   (4) The surcharges imposed by the commission for purposes of
subparagraphs (b) and (c) of paragraph (3) and surcharges pursuant to
paragraph (3) of subdivision (E) of Article 4 shall be transmitted
on a monthly basis to the host state for distribution to the proper
accounts.
   (5) The commission shall establish a fiscal year that conforms to
the fiscal years of the party states to the extent possible.
   (6) The commission shall keep an accurate account of all receipts
and disbursements.  An annual audit of the books of the commission
shall be conducted by an independent certified public accountant, and
the audit report shall be made a part of the annual report of the
commission.
   (7) The commission shall prepare and include in the annual report
a budget showing anticipated receipts and disbursements for the
subsequent fiscal year.
   (8) The commission may accept any grants, equipment, supplies,
materials, or services, conditional or otherwise, from the federal or
state government.  The nature, amount and condition, if any, of any
donation, grant, or other resources accepted pursuant to this
paragraph and the identity of the donor or grantor shall be detailed
in the annual report of the commission.
   However, the host state shall receive, for the uses specified in
subparagraph (E) of paragraph (2) of subsection (d) of Section 2021e
of Title 42 of the United States Code, any payments paid from the
special escrow account for which the Secretary of Energy is trustee
pursuant to subparagraph (A) of paragraph (2) of subsection (d) of
Section 2021 (e) of Title 42 of the United States Code.
   (9) The commission shall submit communications to the governors
and to the presiding officers of the legislatures of the party states
regarding the activities of the commission, including an annual
report to be submitted on or before January 15 of each year.  The
commission shall include in the annual report a review of, and
recommendations for, low-level radioactive waste disposal methods
which are alternative technologies to the shallow land burial of
low-level radioactive waste.
   (10) The commission shall assemble and make available to the party
states, and  to the public, information concerning low-level
radioactive waste management needs, technologies, and problems.
   (11) The commission shall keep a current inventory of all
generators within the region, based upon information provided by the
party states.
   (12) The commission shall keep a current inventory of all regional
disposal facilities, including information on the size, capacity,
location, specific low-level radioactive wastes capable of being
managed, and the projected useful life of each regional disposal
facility.
   (13) The commission may establish advisory committees for the
purpose of advising the commission on the disposal and management of
low-level radioactive waste.
   (14) The commission may enter into contracts to carry out its
duties and authority, subject to projected resources.  No contract
made by the commission shall bind a party state.
   (15) The commission shall prepare contingency plans, with the
cooperation and approval of the host state, for the disposal and
management of low-level radioactive waste in the event that any
regional disposal facility should be closed.
   (16) The commission may sue and be sued and, when authorized by a
majority vote of the members, may seek to intervene in an
administrative or judicial proceeding related to this compact.
   (17) The commission shall be managed by an appropriate staff,
including an executive director.  Notwithstanding any other provision
of law, the commission may hire or retain, or both, legal counsel.
   (18) The commission may, subject to applicable federal and state
laws, recommend to the appropriate host state authority suitable land
and rail transportation routes for low-level radioactive waste
carriers.
   (19) The commission may enter into an agreement to import
low-level radioactive waste into the region only if both of the
following requirements are met:
   (a) The commission approves the importation agreement by a
two-thirds vote of the commission.
   (b) The commission and the host state assess the affected regional
disposal facilities' capability to handle imported low-level
radioactive wastes and any relevant environmental or economic
factors, as defined by the host state's appropriate regulatory
authorities.
   (20) The commission may, upon petition, allow an individual
generator, a group of generators, or the host state of the compact,
to export low-level radioactive wastes to a low-level radioactive
waste disposal facility located outside the region.  The commission
may approve the petition only by a two-thirds vote of the commission.
  The permission to export low-level radioactive wastes shall be
effective for that period of time and for the amount of low-level
radioactive waste, and subject to any other term or condition, which
may be determined by the commission.
   (21) The commission may approve, only by a two-thirds vote of the
commission, the exportation outside the region of material, which
otherwise meets the criteria of low-level radioactive waste, if the
sole purpose of the exportation is to process the material for
recycling.
   (22) The commission shall, not later than 10 years before the
closure of the initial or subsequent regional disposal facility,
prepare a plan for the establishment of the next regional disposal
facility.
      Article 4.  Rights, Responsibilities, and Obligations of Party
States

   (A) There shall be regional disposal facilities sufficient to
dispose of the low-level radioactive waste generated within the
region.
   (B) Low-level radioactive waste generated within the region shall
be disposed of at regional disposal facilities and each party state
shall have access to any regional disposal facility without
discrimination.
   (C) (1) Upon the effective date of this compact, the State of
California shall serve as the host state and shall comply with the
requirements of subdivision (E) for at least 30 years from the date
the regional disposal facility begins to accept low-level radioactive
waste for disposal.  The extension of the obligation and duration
shall be at the option of the State of California.
   If the State of California does not extend this obligation, the
party state, other than the State of California, which is the largest
major generator state shall then serve as the host state for the
second regional disposal facility.
   The obligation of a host state which hosts the second regional
disposal facility shall also run for 30 years from the date the
second regional disposal facility begins operations.
   (2) The host state may close its regional disposal facility when
necessary for public health or safety.
   (D) The party states of this compact cannot be members of another
regional low-level radioactive waste compact entered into pursuant to
the Low-Level Radioactive Waste Policy Act, as amended by the
Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C.
Secs. 2021b to 2021j, incl.).
   (E) A host state shall do all of the following:
   (1) Cause a regional disposal facility to be developed on a timely
basis.
   (2) Ensure by law, consistent with any applicable federal laws,
the protection and preservation of public health and safety in the
siting, design, development, licensing, regulation, operation,
closure, decommissioning, and long-term care of the regional disposal
facilities within the state.
   (3) Ensure that charges for disposal of low-level radioactive
waste at the regional disposal facility are reasonably sufficient  to
do all of the following:
   (a) Ensure the safe disposal of low-level radioactive waste and
long-term care of the regional disposal facility.
   (b) Pay for the cost of inspection, enforcement, and surveillance
activities at the regional disposal facility.
   (c) Assure that charges are assessed without discrimination as to
the party state of origin.
   (4) Submit an annual report to the commission on the status of the
regional disposal facility including projections of the facility's
anticipated future capacity.
   (5) The host state and the operator shall notify the commission
immediately upon the occurrence of any event which could cause a
possible temporary or permanent closure of a regional disposal
facility.
   (F) Each party state is subject to the following duties and
authority:
   (1) To the extent authorized by federal law, each party state
shall develop and enforce procedures requiring low-level radioactive
waste shipments originating within its borders and destined for a
regional disposal facility to conform to  packaging and
transportation requirements and regulations.  These procedures shall
include, but are not limited to, all of the following requirements:
   (a) Periodic inspections of packaging and shipping practices.
   (b) Periodic inspections of low-level radioactive waste containers
while in the custody of transporters.
   (c) Appropriate enforcement actions with respect to violations.
   (2) A party state may impose a surcharge on the low-level
radioactive waste generators within the state to pay for activities
required by paragraph (1).
   (3) To the extent authorized by federal law, each party state
shall, after receiving notification from a host state that a person
in a party state has violated packaging, shipping, or transportation
requirements or regulations, take appropriate actions to ensure that
these violations do not continue.  Appropriate actions may include,
but are not limited to, requiring that a bond be posted by the
violator to pay the cost of repackaging at the regional disposal
facility and prohibit future shipments to the regional disposal
facility.
   (4) Each party state shall maintain a registry of all generators
within the state that may have low-level radioactive waste to be
disposed of at a regional disposal facility, including, but not
limited to, the amount of low-level radioactive waste and the class
of low-level radioactive waste generated by each generator.
   (5) Each party state shall encourage generators within its borders
to minimize the volume of low-level radioactive waste requiring
disposal.
   (6) Each party state may rely on the good faith performance of the
other party states to perform those acts which are required by this
compact to provide regional disposal facilities, including the use of
the regional disposal facilities in a manner consistent with this
compact.
   (7) Each party state shall provide the commission with any data
and information necessary for the implementation of the commission's
responsibilities, including taking those actions necessary to obtain
this data or information.
   (8) Each party state shall agree that only low-level radioactive
waste generated within the jurisdiction of the party states shall be
disposed of in the regional disposal facility, except as provided in
paragraph (19) of subdivision (G) of Article 3.
   (9) Each party state shall agree that if there is any injury to
persons on property resulting from the operation of a regional
disposal facility, the damages resulting from the injury may be paid
from the third-party liability fund pursuant to subparagraph (b) of
paragraph (3) of subdivision (G) of Article 3, only to the extent
that the damages exceed the limits of liability insurance carried by
the operator.  No party state, by joining this compact, assumes any
liability resulting from the siting, operation, maintenance,
long-term care, or other activity relating to a regional facility,
and no party state shall be liable for any harm or damage resulting
from a regional facility not located within the state.

      Article 5.  Approval of Regional Facilities

   A regional disposal facility shall be approved by the host state
in accordance with its laws.  This compact does not confer any
authority on the commission regarding the siting, design,
development, licensure, or other regulation, or the operation,
closure, decommissioning, or long-term care of, any regional disposal
facility within a party state.

      Article 6.  Prohibited Acts and Penalties

   (A) No person shall dispose of low-level radioactive waste within
the region unless the disposal is at a regional disposal facility,
except as otherwise provided in paragraphs (20) and (21) of
subdivision (G) of Article 3.
   (B) No person shall dispose of or manage any low-level radioactive
waste within the region unless the low-level radioactive waste was
generated within the region, except as provided in paragraphs (19),
(20), and (21) of subdivision (G) of Article 3.
   (C) Violations of this section shall be reported to the
appropriate law enforcement agency within the party state's
jurisdiction.
   (D) Violations of this section may result in prohibiting the
violator from disposing of low-level radioactive waste in the
regional disposal facility, as determined by the commission or the
host state.

      Article 7.  Eligibility, Entry into Effect, Congressional
Consent, Withdrawal, Exclusion

   (A) The States of Arizona, North Dakota, South Dakota, and
California are eligible to become parties to this compact.  Any other
state may be made eligible by a majority vote of the commission and
ratification by the legislatures of all of the party states by
statute, and upon compliance with those terms and conditions for
eligibility which the host state may establish.  The host state may
establish all terms and conditions for the entry of any state, other
than the states named in this subparagraph, as a member of this
compact.
   (B) Upon compliance with the other provisions of this compact, an
eligible state may become a party state by legislative enactment of
this compact or by executive order of the governor of the state
adopting this compact.  A state becoming a party state by executive
order shall cease to be a party state upon adjournment of the first
general session of its legislature convened after the executive order
is issued, unless before the adjournment the legislature enacts this
compact.
   (C) A party state, other than the host state, may withdraw from
the compact by repealing the enactment of this compact, but this
withdrawal shall not become effective until two years after the
effective date of the repealing legislation.  If a party state which
is a major generator of low-level radioactive waste voluntarily
withdraws from the compact pursuant to this subdivision, that state
shall make arrangements for the disposal of the other party states'
low-level radioactive waste for a time period equal the period of
time it was a member of this compact.
   If the host state withdraws from the compact, the withdrawal shall
not become effective until five years after the effective date of
the repealing legislation.
   (D) A party state may be excluded from this compact by a
two-thirds vote of the commission members, acting in a meeting, if
the state to be excluded has failed to carry out any obligations
required by compact.
   (E) This compact shall take effect upon the enactment by statute
by the legislatures of the State of California and at least one other
eligible state and upon the consent of Congress and shall remain in
effect until otherwise provided by federal law.  This compact is
subject to review by Congress and the withdrawal of the consent of
Congress every five years after its effective date, pursuant to
federal law.

      Article 8.  Construction and Severability

   (A) The provisions of this compact shall be broadly construed to
carry out the purposes of the compact, but the sovereign powers of a
party state shall not be infringed unnecessarily.
   (B) This compact does not affect any judicial proceeding pending
on the effective date of this compact.
   (C) If any provision of this compact or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of the compact that can
be given effect without the invalid provision or application, and to
this end the provisions of this compact are severable.
   (D) Nothing in this compact diminishes or otherwise impairs the
jurisdiction, authority, or discretion of either of the following:
   (1) The Nuclear Regulatory Commission pursuant to the Atomic
Energy Act of 1954, as amended (42 U.S.C. Sec. 2011 et seq.).
   (2) An agreement state under Section 274 of the Atomic Energy Act
of 1954, as amended (42 U.S.C. Sec. 2021).
   (E) Nothing in this compact confers any new authority on the
states or commission to do any of the following:
   (1) Regulate the packaging or transportation of low-level
radioactive waste in a manner inconsistent with the regulations of
the Nuclear Regulatory Commission or the United States Department of
Transportation.
   (2) Regulate health, safety, or environmental hazards from source,
byproduct, or special nuclear material.
   (3) Inspect the activities of licensees of the agreement states or
of the Nuclear Regulatory Commission.

   115260.  Notwithstanding Section 115255, authority for on-highway
routing and enforcement relating to low-level radioactive waste
shall, pursuant to other provisions of law, remain with the
Department of the California Highway Patrol for low-level radioactive
waste generated from, and shipments into, California.
   115265.  Notwithstanding Section 115255, authority for rail
transportation routing and enforcement relating to low-level
radioactive waste shall remain with the Public Utilities Commission
pursuant to the Public Utilities Act (Part 1 (commencing with Section
201) of Division 1 of the Public Utilities Code) for low-level
radioactive waste generated from, and shipped into, California.
   115270.  The department shall adopt regulations specifying the
modes of transportation which are most protective of public health
and the environment which shall be used by generators to transport
low-level radioactive waste within the state.

      CHAPTER 9.  NUCLEAR POWERPLANT RADIATION

   115275.  It is the intent of the Legislature that in the event of
a nuclear accident timely and effective communications between the
operators of nuclear powerplants in California and those state and
local officials charged with nuclear emergency response activities be
assured.
                                                         115280.  (a)
Each privately-owned and publicly-owned public utility operating a
nuclear powerplant with a generating capacity of 50 megawatts or more
shall install an automated alert system that will activate alarms in
the California State Warning Center of the Office of Emergency
Services in a manner to be determined by the Office of Emergency
Services in consultation with the department and the appropriate
county emergency services  agency.  This automated alert system shall
duplicate the following alarms in the control rooms of each nuclear
powerplant:
   (1) Safety injection actuation (operation of the emergency core
cooling system).
   (2) High radiation alarm of the radioactive gas effluent stack
monitor.
   (b) The automated alert system shall be operative within 12 months
of the effective date of this chapter.
   (c) In no event shall the capital costs of complying with this
section exceed two hundred thousand dollars ($200,000) per nuclear
powerplant.  The operator of each nuclear powerplant shall be
responsible for any maintenance or recurring charges.  The funds
expended by privately owned utilities under this section shall be
allowed for ratemaking purposes by the Public Utilities Commission.
Publicly owned public utilities shall include funds expended under
this section in their rates.
   (d) The automated alert system shall be operational whenever
corresponding alarms in the control rooms of each nuclear powerplant
are required to be operational under the terms of the operating
license issued by the Nuclear Regulatory Commission, except for
periods of time required for maintenance, repair, calibration, or
testing.
   (e) Nothing in this section shall require plant modifications or
the conduct of operations that may be in conflict with conditions of
a license to operate issued by the Nuclear Regulatory Commission or
other activities authorized by the Nuclear Regulatory Commission.
   (f) The Office of Emergency Services shall make provision for
immediate notification of appropriate local officials upon activation
of the automated alert system pursuant to this section.
   115285.  Nothing in this chapter shall relieve nuclear powerplant
operators of their responsibilities to notify local authorities as
otherwise provided by law.
   115290.  Failure to comply with any provision of this chapter
shall not constitute the basis for an action in a court of law or
administrative proceeding to enjoin or prevent the operation or
start-up of a nuclear facility.
   115295.  If the Humboldt Bay Nuclear Generating Station is not in
operation on the effective date of this section, the local emergency
plan for it shall not be required to meet the revised emergency
response plan requirements of Section 8610.5 of the Government Code
until the Nuclear Regulatory Commission determines that the
powerplant meets Nuclear Regulatory Commission seismic safety
criteria, or until the Nuclear Regulatory Commission issues an order
rescinding the restrictions imposed on the Humboldt Bay Nuclear
Generating Station in its order of May 21, 1976.
   In the event that the Nuclear Regulatory Commission determines
that the Humboldt Bay Nuclear Generating Station meets Nuclear
Regulatory Commission seismic safety standards, or issues an order
rescinding the restrictions in its order of May 21, 1976, a draft
county emergency plan meeting the requirements of Section 8610.5 of
the Government Code shall be submitted to the Office of Emergency
Services for review within 180 days of the determination or
rescission.  Within 90 days after submission of the draft county
emergency plan, approval of a final plan shall be completed by the
Office of Emergency Services.

      PART 10.  RECREATIONAL SAFETY
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND AUTHORITIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  SAFE RECREATIONAL LAND USE (Reserved)
      Article 1.  Abandoned Excavations

   115700.  (a) Every person owning land in fee simple or in
possession thereof under lease or contract of sale who knowingly
permits the existence on the premises of any abandoned mining shaft,
pit, well, septic tank, cesspool, or other abandoned excavation
dangerous to persons legally on the premises, or to minors under the
age of 12 years, who fails to cover, fill, or fence securely that
dangerous abandoned excavation and keep it so protected, is guilty of
a misdemeanor.
   (b) Every person owning land in fee simple or in possession
thereof under lease or contract of sale who knowingly permits the
existence on the premises of any  permanently inactive well, cathodic
protection well, or monitoring well that constitutes a known or
probable preferential pathway for the movement of pollutants,
contaminants, or poor quality water, from above ground to below
ground, or vertical movement of pollutants, contaminants, or poor
quality water below ground, and that movement poses a threat to the
quality of the waters of the state, shall be guilty of a misdemeanor.

   (c) For purposes of this section, "well" includes any of the
following:
   (1) A "monitoring well" as defined by Section 13712 of the Water
Code.
   (2) A "cathodic well" as defined by Section 13711 of the Water
Code.
   (3) A "water well" as defined by Section 13710 of the Water Code.

   (d) A "permanently inactive well" is a well that has not been used
for a period of one year, unless the person owning land in fee
simple or in possession thereof under lease or contract of sale
demonstrates an intent for future use for water supply, ground water
recharge, drainage, or ground water level control, heating or
cooling, cathodic protection, ground water monitoring, or related
uses.  A well owner shall provide evidence to the local health
officer of an intent for future use of an inactive well by
maintaining the well in a way that the following requirements are
met:
   (1) The well shall not allow impairment of the quality of water
within the well and ground water encountered by the well.
   (2) The top of the well or well casing shall be provided with a
cover, that is secured by a lock or by other means to prevent its
removal without the use of equipment or tools, to prevent
unauthorized access, to prevent a safety hazard to humans and
animals, and to prevent illegal disposal of wastes in the well.  The
cover shall be watertight where the top of the well casing or other
surface openings to the well are below ground level, as in a vault or
below known levels of flooding.  The cover shall be watertight if
the well is inactive for more than five consecutive years.  A pump
motor, angle drive, or other surface feature of a well, when in
compliance with the above provisions, shall suffice as a cover.
   (3) The well shall be marked so as to be easily visible and
located, and labeled so as to be easily identified as a well.
   (4) The area surrounding the well shall be kept clear of brush,
debris, and waste materials.
   (e) At a minimum, permanently inactive wells shall be destroyed in
accordance with standards developed by the Department of Water
Resources pursuant to Section 13800 of the Water Code and adopted by
the State Water Resources Control Board or local agencies in
accordance with Section 13801 of the Water Code.  Minimum standards
recommended by the department and adopted by the state board or local
agencies for the abandonment or destruction of ground water
monitoring wells or class 1 hazardous injection wells shall not be
construed to limit, abridge, or supersede the powers or duties of the
department, in accordance with Section 13801 of the Water Code.
   (f) Nothing in this section is a limitation on the power of a
city, county, or city and county to adopt and enforce additional
penal provisions regarding the types of wells and other excavations
described in subdivisions (a) and (b).
   115705.  The board of supervisors may order securely covered,
filled, or fenced abandoned mining excavations on unoccupied public
lands in the county.
   115710.  The board of supervisors shall order securely fenced,
filled, or covered any abandoned mining shaft, pit, or other
excavation on unoccupied land in the county whenever it appears to
them, by proof submitted, that the excavation is dangerous or unsafe
to man or beast.  The cost of covering, filling, or fencing is a
county charge.
   115715.  Every person who maliciously removes or destroys any
covering or fencing placed around, or removes any fill placed in, any
shaft, pit, or other excavation, as provided in this article, is
guilty of a misdemeanor.
   115720.  This article is not applicable to any abandoned mining
shaft, pit, well, septic tank, cesspool, or other abandoned
excavation that contains a surface area of more than one-half acre.


      Article 2.  Playgrounds

   115725.  On or before January 1, 1992, the state department, in
consultation with the office of the State Architect, the California
Parks and Recreation Society, the League of California Cities, the
Department of Parks and Recreation, the State Department of
Education, and the California Council of the American Society of
Landscape Architects, shall adopt regulations for the design,
installation, inspection, maintenance, and supervision where
appropriate, and training of personnel involved in the design,
installation, and maintenance, of all playgrounds either operated by
public agencies, including a state agency, city, county, city and
county, school district, and any other district, or operated by any
entity where the playground is open to the public.  Those regulations
shall meet the standard of care imposed by courts of law on
playground operators, and shall, at a minimum, impose guidelines and
criteria that shall be at least as protective as the guidelines in
the Handbook for Public Playground Safety produced by the United
States Consumer Products Safety Commission, shall give due
consideration to any successor to the Handbook for Public Playground
Safety that may be published, and shall include more protective
requirements where the state department finds those guidelines will
provide  inadequate protection.  The regulations shall include
special provisions for playgrounds in day care settings, that shall
be developed in consultation with the State Department of Social
Services and the California Children's Lobby, and that shall be
appropriate for children within the range of ages in day care
settings.  The state department shall not be responsible for
enforcement of any regulations pursuant to this section.
   115730.  All public agencies operating playgrounds, including a
state agency, city, county, city and county, and district,  shall
upgrade their playgrounds by replacement or improvement as necessary
to satisfy the regulations adopted pursuant to Section 115725 to the
extent state funds are made available specifically for that purpose
through state bonds or other means.  All other entities operating
playgrounds  open to the public shall upgrade their playgrounds by
replacement or improvement, as necessary to satisfy the regulations
adopted pursuant to Section 115725, on or before January 1, 2000.
This section shall not affect the liability or absence of liability
of playground operators.
   115735.  For purposes of this article, all of the following shall
apply:
   (a) An "entity operating a playground open to the public" shall
include, but not be limited to, a church, subdivision, hotel, motel,
resort, camp, office, hospital, shopping center, day care setting,
and restaurant.
   (b) "Playground" shall refer to an improved outdoor area designed,
equipped, and set aside for children's play that is not intended for
use as an athletic playing field or athletic court, and  shall
include any play equipment, surfacing, fencing, signs, internal
pathways, internal land forms, vegetation, and related structures.
   (c) "Supervision" shall include all general and specific
supervision necessary to protect children from unreasonable risk of
harm from site hazards, the acts of other children, or the use of the
playground in a way that was not intended by the designer or manager
of the playground.  The regulations required pursuant to this
article shall not expand on the periods or circumstances when
supervision shall be provided beyond the periods or circumstances
already determined to be within the existing standard of care to
which a playground operator is held.
   115740.  Regulations adopted pursuant to this article shall
include special provisions where appropriate, as determined by the
state department, for the needs  of the developmentally disabled in
state institutions, pursuant to Division 4.1 (commencing with Section
4400) of, and Division 4.5 (commencing with Section 4500) of, the
Welfare and Institutions Code, and in community care facilities, and
other public and private institutions that provide residential or day
care specifically for the developmentally disabled.
   115745.  (a) After the effective date of the regulations adopted
pursuant to this article, no state funding shall be available for the
planning, development, or redevelopment of any playground, unless
the playground, after completion of the state-funded project, will
conform to the applicable regulations adopted pursuant to this
article.  However, where state funds have been appropriated to, or
allocated for, a playground project prior to the effective date of
the regulations but the regulations become effective prior to the
completion of the project, that funding shall be maintained, as long
as the playground is altered to conform to the regulations to the
extent the alterations can be made without adding significantly to
the project cost.
   (b) After the date by which an entity is required to conform its
playground to satisfy regulations adopted pursuant to this article,
no state funding shall be available for the operation, maintenance,
or supervision of the playground unless the playground conforms to
the applicable regulations adopted pursuant to this article.
   115750.  All new playgrounds open to the public built by a public
agency or any other entity more than six months after the effective
date of the regulations adopted pursuant to this article shall
conform to the requirements of those regulations.  Where the
playground developer knows of the regulations before undertaking any
expenses related to designing or building the playground, this
six-month grace period shall not apply.

      Article 3.  Wooden Playground Equipment

   115775.  (a) No state funds shall be used by any state agency,
onsite employee child care center for state employees, city, county,
city and county, district, superintendent of schools, school
district, or community college district to purchase wooden playground
or recreational equipment where there is a likelihood of contact by
children and when the equipment has been treated with any of the
following substances:
   (1) Pentachlorophenol.
   (2) Creosote.
   (3) Arsenic, elemental arsenic, or arsenic copper combination,
unless the wood is treated with a nontoxic and nonslippery sealer and
the seller certifies that the wood is treated in accordance with
commodity standard C-17 for playground equipment as adopted by the
American Wood-Preservers Association.
   (b) The state or any city, county, city and county, district,
superintendent of schools, school district, community college
district, or onsite employee child care center for state employees
that receives education or parks and recreation funds from the state
shall not use any portion of these funds for the maintenance or
upkeep of any wooden structures treated with any of the substances
that are prohibited from purchase pursuant to subdivision (a) and
where there is a likelihood of contact by children, unless the state,
city, county, city and county, superintendent of schools, school
district, district, community college district, or onsite employee
child care center for state employees treats the wooden structures
with nontoxic and nonslippery sealers  and reseals the treated
structure in accordance with subdivision (c).
   (c) The installer of any wooden playground or recreational
equipment that will be available for public use and that has been
treated with a substance listed in paragraph (3) of subdivision (a)
shall seal the structures with a nontoxic and nonslippery sealant
prior to, or at the time of, the installation of the equipment.
After the equipment that is available for public use has been sealed
pursuant to this subdivision, the owner of the equipment shall reseal
the treated equipment every two years thereafter with a nontoxic and
nonslippery sealant.
   115800.  (a) No operator of a skateboard park shall permit any
person to ride a skateboard therein, unless that person is wearing a
helmet, elbow pads, and knee pads.
   (b) With respect to any facility, owned or operated by a local
public agency, that is designed and maintained for the purpose of
recreational skateboard use, and that is not supervised on a regular
basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
   (1) Adoption by the local public agency of an ordinance requiring
any person riding a skateboard at the facility to wear a helmet,
elbow pads, and knee pads.
   (2) The posting of signs at the facility affording reasonable
notice that any person riding a skateboard in the facility must wear
a helmet, elbow pads, and knee pads, and that any person failing to
do so will be subject to citation under the ordinance required by
paragraph (1).
   (c) "Local public agency" for purposes of this section includes,
but is not limited to, a city, county, or city and county.

      CHAPTER 5.  SAFE RECREATIONAL WATER USE
      Article 1.  Recreational Use of Reservoirs

   115825.  (a) It is hereby declared to be the policy of this state
that multiple use should be made of all public water within the
state, to the extent that multiple use is consistent with public
health and public safety.
   (b) Except as provided in Section 115840, recreational uses shall
not, with respect to a reservoir in which water is stored for
domestic use, include recreation in which there is bodily contact
with the water by any participant.
   115830.  All water supply reservoirs of a public agency, whether
heretofore or hereafter constructed, shall be open for recreational
use by the people of this state, subject to the regulations of the
department.
   115835.  Unless the context otherwise requires, the following
definitions shall control the construction of this article:
   (a) "Multiple use" includes domestic, industrial, agricultural,
and recreational uses.
   (b) "Public agency" means the state or any city, other than a
chartered city, county, public district, or other public institution.

   (c) "Reservoir" does not include ditches, canals, or any similar
type of water distributing facility.
   115840.  (a) In San Diego County, recreational uses shall not,
with respect to a reservoir in which water is stored for domestic
use, include recreation in which there is bodily contact with the
water by any participant, unless both of the following conditions are
satisfied:
   (1) The water subsequently receives complete water treatment,
including coagulation, flocculation, sedimentation, filtration, and
disinfection, before being used for domestic purposes.
   (2) The reservoir is operated in compliance with regulations of
the department, as provided in Section 115830.
   (b) The recreational use may be subject to additional conditions
and restrictions adopted by the entity operating the water supply
reservoir, if the conditions and restrictions do not conflict with
regulations of the department and are designed to further protect or
enhance the public health and safety.
   115845.  The public agency operating any water supply reservoir
that is open for recreational use pursuant to this article may charge
a use fee to cover the cost of policing the area around the
reservoir, including the cost of providing the necessary sanitary
facilities and other costs incidental to the recreational use of the
reservoir.
   115850.  This article does not apply to terminal reservoirs for
the supply of domestic water.

      Article 2.  Public Beaches

   115875.  "Public beach," as used in Sections 115875 to 115895,
inclusive, means any beach area used by the public for recreational
purposes that is owned, operated, or controlled by the state, any
state agency, any local agency, or any private person in this state.

   115880.  The department shall by regulation establish minimum
standards for the sanitation of public beaches, including, but not
limited to, the removal of refuse, as it determines are reasonably
necessary for the protection of the public health and safety.
   Any city or county may adopt standards for the sanitation of
public beaches within its jurisdiction that are stricter than the
standards adopted by the state department pursuant to this section.

   115885.  The health officer having jurisdiction over the area in
which a public beach is created shall:
   (a) Inspect the public beach to determine whether the standards
established pursuant to Section 115880 are being complied with.  If
the health officer finds any violation of the standards, he or she
shall restrict the use of, or close, the public beach or portion
thereof in which the violation occurs until such time as the standard
violated is complied with.
   (b) Investigate any complaint of a person of a violation of any
standard established by the department pursuant to Section 115880.
If the health officer finds any violation of the standards prescribed
by the department, he or she shall restrict the use of, or close,
the public beach or portion thereof until the time as the standard
violated is complied with.  If the person who made the complaint is
not satisfied with the action taken by the health officer, he or she
may report the violation to the department.  The department shall
investigate the reported violation, and, if it finds that the
violation exists, it shall restrict the use of or close the public
beach or portion thereof until the standard violated is complied
with.
   (c) Report any violation of the standards established pursuant to
Section 115880 to the Director of Parks and Recreation.
   (d) Report any violation of the standards established pursuant to
Section 115880 to the district attorney, or if the violation occurred
in a city and, pursuant to Section 41803.5 of the Government Code,
the city attorney is authorized to prosecute misdemeanors, to the
city attorney.
   115890.  Prior to restricting the use of or closing a public beach
or portion thereof alleged to be in violation of standards, the
health officer, or the department as the case may be, shall give
reasonable notice of the violation to the owner of, or person or
agency in charge of, the beach.
   115895.  Any private person who violates any regulation adopted by
the state department pursuant to Section 115880 is guilty of a
misdemeanor.
   115900. For the purposes of Sections 115900 to 115915, inclusive,
the following definitions apply:
   (a) "Beach" means any public beach of the ocean waters and bays of
the state where water-contact sports are engaged in by the public.
   (b) "Board" means the State Water Resources Control Board.
   (c) "Health officer" means the legally appointed health officer or
director of environmental health of the county or city having
jurisdiction of the area in which a public saltwater beach is
located.
   115905.  The Legislature finds and declares all of the following:

   (a) California's world-famous beaches are an invaluable economic,
environmental, and recreational resource that must be protected for
present and future generations.  Millions of residents and visitors
alike visit the state's beaches annually.
   (b) Pollution from toxic spills, untreated municipal sewage, and
agricultural and urban runoff threatens this critical resource.
   (c) During 1989 through 1991 alone, at least 400 of the state's
beaches had to be posted "off-limits" due to dangerous levels of
bacterial and toxic contamination.
   (d) Due to this pollution, local health officials were forced to
close one or more beaches between San Diego and Mendocino Counties
for all but 18 days in 1991.
   (e) This contamination of our beaches poses serious threats to the
public's health, increasing the risk that persons who use the
beaches will suffer from hepatitis, gastroenteritis, and other
dangerous illnesses.
   (f) Notwithstanding the importance and potential severity of this
problem, the state has never conducted a statewide survey to document
annual beach closings.
   (g) The state does not have uniform testing protocols that must be
followed to ensure that the public is never exposed to dangerous
contamination at the state's beaches.
   (h) The state does not have uniform standards requiring beach
postings when California Ocean Plan bathing water standards, as
adopted by the board pursuant to Section 13170.2 of the Water Code,
are exceeded.
   (i) The state does not have uniform requirements mandating the
frequency with which beach waters must be tested to ensure public
safety.  Beach water sampling currently varies greatly from county to
county.  For example, Los Angeles County tests its beaches every
week of the year while other coastal counties test much less
frequently.
   (j) More accurate and centralized recordkeeping on the relative
contributions of pollutant sources to beach closures would enable
more effective targeting of corrective actions to keep our beaches
safe and our coastal areas economically strong.
   115910.  (a) On or before March 30, 1994, and annually thereafter,
each health officer shall submit to the board a survey documenting
all beach postings and closures due to threats to the public health
that occurred during the preceding calendar year.  The survey shall,
at a minimum, include the location and duration of each beach closure
in its jurisdiction and the suspected sources of the contamination
that caused the closure, if known.
   (b) On or before September 30, 1994, and annually  thereafter, the
board shall publish a statewide report documenting the beach posting
and closure data provided to the board by health officers for the
preceding calendar year.  The report shall, at a minimum, include the
location and duration of each beach closure and the suspected
sources of the contamination that caused the closure, if known.
   (c) Within 30 days of publication of the report, the state board
shall distribute copies of the report to the Governor, the
Legislature,                                            and major
media organizations, and copies of the report shall be made available
to the public.
   115915.  Whenever any beach fails to meet the bacteriological
standards of Section 7958 of Title 17 of the California Code of
Regulations, the health officer, after determining that the cause of
the elevated bacteriological levels constitutes a public health
hazard, shall, at a minimum, post the beach with conspicuous warning
signs to inform the public of the nature of the problem and the
possibility of risk to public health.

      Article 3.  Life Saving Devices

   115975.  "Resort," as used in this article, means a resort,
bathhouse, or other public place for the purpose of accommodating
bathers, bordering upon or adjoining the seacoast or a lake where the
public resort for the purpose of bathing in the open sea or lake.
   115980.  No person shall own or conduct a resort unless it is
equipped with at least one lifeboat.
   115985.  The boat shall be fully equipped with oars, oarlocks, and
not less than two life preservers, and two hundred feet of rope.
   It shall be kept in good repair and near the resort.
   115990.  The boat shall have the word "lifeboat" plainly printed
or painted upon it.  It shall be used for no purpose other than for
the saving of life or for other cases of emergency.
   115995.  Every person who violates any provision of this article
is guilty of a misdemeanor punishable by a fine of not less than ten
nor more than four hundred dollars ($400), or by imprisonment for not
less than ten days nor more than six months, or by both.
   116000.  "Resort," as used in this article, means any public
bathing or swimming place or resort on a river or stream.
   116005.  No person shall maintain a resort unless he or she
carefully sounds the depth of water and locates the eddies and pools
and determines the presence and nature of dangerous currents, sunken
logs, rocks, and obstructions in the stream or river.
   116010.  No person shall maintain a resort unless signs indicating
in plain letters the depth of water, the location of pools or
eddies, and the presence and direction of currents of water are
placed and maintained in the water during the season when bathing and
swimming are permitted or invited.
   116015.  No person shall maintain a resort unless safety ropes are
stretched wherever necessary to show the line of eddies, pools,
sunken obstructions, and other hidden dangers to bathers in the
water.
   116020.  Every person who violates any provision of this article
is guilty of a misdemeanor.

      Article 5.  Swimming Pool Sanitation

   116025.  "Public swimming pool," as used in this article, means
any public swimming pool, bathhouse, public swimming and bathing
place and all related appurtenances.
   116028.  "Lifeguard service," as used in this article, means the
attendance at a public swimming pool during periods of use, of one or
more lifeguards who possess, as minimal qualifications, current Red
Cross advanced lifesaving certificates or Y.M.C.A. senior  lifesaving
certificates, or have equivalent qualifications and who are trained
to administer first aid, including, but not limited to,
cardiopulmonary resuscitation in conformance with Section 123725 and
the regulations adopted thereunder, and who have no duties to perform
other than to supervise the safety of participants in water-contact
activities.  "Lifeguard services" includes the supervision of the
safety of participants in water-contact activities by lifeguards who
are providing swimming lessons, coaching or overseeing water-contact
sports, or providing water safety instructions to participants when
no other persons are using the facilities unless those persons are
supervised by separate lifeguard services.
   116030.  (a) The construction standards as set forth in this
article and the regulations adopted pursuant thereto, shall not apply
to any artificially constructed swimming facility in excess of
20,000 square feet of surface area, including, but not limited to, a
manmade lake or swimming lagoon with sand beaches.
   (b) The requirements of this article and regulations adopted
pursuant thereto, pertaining to the operation, maintenance, and use
of a public swimming pool, including the quality and purity of the
water, lifesaving and other measures  to ensure the safety of
bathers, and measures to ensure personal cleanliness of bathers shall
apply to the swimming facilities described in subdivision (a).
   116033.  Persons providing aquatic instruction, including, but not
limited to, swimming instruction, water safety instruction, water
contact activities, and competitive aquatic sports, at a public
swimming pool shall possess an American Red Cross Emergency Water
Safety Course certificate, or have equivalent qualifications, as
determined by the state department.  In addition, these persons shall
be certified in standard first aid and cardiopulmonary resuscitation
(CPR).  All of these persons shall meet these qualifications by
January 1, 1991.  Persons who only disseminate written materials
relating to water safety, are not persons providing aquatic
instruction within the meaning of this section.
   The requirements of this section shall be waived under either of
the following circumstances:  (a) when one or more aquatic
instructors possessing the American Red Cross Emergency Water Safety
Course Certificate or its equivalent are in attendance continuously
during periods of aquatic instruction, or (b) when one or more
lifeguards meeting the requirements of Section 116028 are in
attendance continuously during periods of aquatic instruction.
   116035.  The department has supervision of sanitation,
healthfulness, and safety of public swimming pools.
   116038.  Every person proposing to construct a public swimming
pool shall file a copy of the plans therefor, prior to construction,
with the local health officer having jurisdiction for approval.
   116040.  Every person operating or maintaining a public swimming
pool must do so in a sanitary, healthful and safe manner.
   116043.  Every public swimming pool, including swimming pool
structure, appurtenances, operation, source of water supply, amount
and quality of water recirculated and in the pool, method of water
purification, lifesaving apparatus, measures to insure safety of
bathers, and measures to insure personal cleanliness of bathers shall
be such that the public swimming pool is at all times sanitary,
healthful and safe.
   116045.  (a) Lifeguard service shall be provided for any public
swimming pool that is of wholly artificial construction and for the
use of which a direct fee is charged.  For all other public swimming
pools, lifeguard service shall be provided or signs shall be erected
clearly indicating that the service is not provided.
   (b) "Direct fee," as used in this section, means a separately
stated fee or charge for the use of a public swimming pool to the
exclusion of any other service, facility, or amenity.
   116048.  (a) On or after January 1, 1987, for public swimming
pools in any common interest development, as defined in Section 1351
of the Civil Code, that consists of fewer than 25 separate interests,
as defined in subdivision (l) of Section 1351 of the Civil Code, the
person operating each such pool open for use shall be required to
keep a record of the information required by subdivision (a) of
Section 65523 of Title 22 of the California Administrative Code,
except that the information shall be recorded at least two times per
week and at intervals no greater than four days apart.
   (b) On or after January 1, 1987, any rule or regulation of the
department that is in conflict with subdivision (a) is invalid.
   116049.  (a) "Public swimming pool," as used in this section,
means any public swimming pool defined in Section 116025 that is
owned or operated by the state or any local governmental entity,
including, but not limited to, any city, county, city and county,
charter city, charter county, or charter city and county.
   (b) All dry-niche light fixtures, and all underwater wet-niche
light fixtures operating at more than 15 volts in public swimming
pools shall be protected by a ground-fault circuit interrupter in the
branch circuit, and all light fixtures in public swimming pools
shall have encapsulated terminals.  This subdivision is declaratory
of existing law.
   (c) Any public swimming pools that do not meet the requirements
specified in subdivision (b) by January 1, 1995, shall be retrofitted
to comply with these requirements by January 1, 1996.
   (d) The ground-fault circuit interrupter required pursuant to this
section shall comply with Underwriter's Laboratory standards.
   (e) Any state or local governmental entity that owns or operates a
public swimming pool shall have its public swimming pool inspected
by a qualified inspector prior to July 1, 1996, to determine
compliance with this section.
   (f) A public swimming pool may charge a fee, or increase its fee
charged, to the public for use of the pool, for the purpose of
recovering the administrative and other costs of retrofitting pools
in compliance with this section.  The charge or increase due to this
section shall terminate when funds sufficient to cover these costs
are collected.
   (g) All electrical work required for compliance with this section
shall be performed by an electrician licensed pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code.
   116050.  Except as provided in Section 18930, the department shall
make and enforce regulations pertaining to public swimming pools as
it deems properand shall enforce building standards published in the
State Building Standards Code relating to public swimming pools;
provided, that no rule or regulation as to design or construction of
pools shall apply to any pool that has been constructed before the
adoption of the regulation, if the pool as constructed is reasonably
safe and the manner of the construction does not preclude compliance
with the requirements of the regulations as to bacteriological and
chemical quality and clarity of the water in the pool.  The
department shall adopt and submit building standards for approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 of this code for the purposes described in this section.

   116053.  Every health officer shall enforce the building standards
published in the State Building Standards Code relating to swimming
pools and the other regulations adopted by the department pursuant to
this article in his or her jurisdiction.
   116055.  For the purposes of this article, any health officer, or
any inspector of the department, may at all reasonable times enter
all parts of the premises of a public swimming pool to make
examination and investigation to determine the sanitary condition and
whether this article, building standards published in the State
Building Standards Code relating to swimming pools, or the other
regulations adopted by the department pursuant to this article are
being violated.
   116058.  The department may publish the reports of inspections.
   116060.  Any public swimming pool constructed, operated, or
maintained contrary to the provisions of this article is a public
nuisance, dangerous to health.
   116063.  Any nuisance maintained in violation of this article may
be abated or enjoined in an action brought by a local health officer,
or the department, or it may be summarily abated in the manner
provided by law for the summary abatement of other public nuisances
dangerous to health.
   116065.  Every person who violates any provision of this article,
building standards published in the State Building Standards Code
relating to swimming pools, or the rules and regulations adopted
pursuant to the provisions of this article, is guilty of a
misdemeanor, punishable by a fine of not less than fifty dollars
($50) nor more than one thousand dollars ($1,000), or by imprisonment
for not more than six months, or both.
   116068.  Each day that a violation of this article continues is a
separate offense.

      Article 6.  Ocean Water-Contact Sports

   116070.  As used in this article, water-contact sport means any
sport in which the body of a person comes into physical contact with
water, including but not limited to swimming, surfboarding,
paddleboarding, skin diving, and water-skiing.  It does not include
boating or fishing.
   116075.  The department has supervision of sanitation,
healthfulness, and safety of the public beaches and public
water-contact sport areas of the ocean waters and bays of the state
and, except as provided in Section 18930, the department may make and
enforce regulations pertaining thereto as it deems proper.
   116080.  Regulations made pursuant to this article shall include
suitable standards of safe bacteria count for water-contact sports
areas specified by the State Water Pollution Control Board or
regional water pollution control boards, which standards shall be
applied to all public water-contact sport areas of the ocean waters
and bays of the state.
   116085.  Every person who violates any rule or regulation adopted
pursuant to this article is guilty of a misdemeanor.
   116090.  Nothing contained in this article shall be construed to
give the department the authority to fix the areas wherein
water-contact sports may be engaged in or to affect the authority of
the State Water Pollution Control Board or regional water pollution
control boards to fix appropriate areas for various uses.

      PART 11.  VECTORS
      CHAPTER 1.  DEFINITIONS

   116100.  As used in Article 5 (commencing with Section 116185) of
Chapter 2, "department" means the State Department of Health
Services.
   116102. "Place," as used in Article 3 (commencing with Section
116125) of Chapter 2 and Section 116250, includes land, place,
building, structure, wharf, pier, dock, vessel, or water craft.
   116104.  "Rodents," as used in Article 3 (commencing with Section
116125) of Chapter 2 and Section 116250, means rats, mice, gophers,
and ground squirrels.
   116106.  "Possess," as used in Article 3 (commencing with Section
116125) of Chapter 2 and Section 116250, includes control, own,
lease, occupy, possess, or have charge of or dominion over.
   116108.  "Vector," as used in Article 1 (commencing with Section
116110) of, and Article 2 (commencing with Section 116120) of Chapter
2, and Section 106925, means any animal capable of transmitting the
causative agent of human disease or capable of producing human
discomfort or injury, including, but not limited to, mosquitoes,
flies, other insects, ticks, mites, and rats.

      CHAPTER 2.  POWERS AND DUTIES
      Article 1.  Vector Biology and Control

   116110.  The department shall maintain a program of vector biology
and control including, but not limited to, the following:
   (a) Providing consultation and assistance to local vector control
agencies in developing and conducting programs for the prevention and
control of vectors.
   (b) Surveillance of vectors and vector-borne diseases.
   (c) Coordinating and conducting emergency vector control, as
required.
   (d) Training and certifying government agency vector control
technicians.
   (e) Disseminating information to the public regarding protection
from vectors and vector-borne diseases.

      Article 2.  Importation of Exotic Vectors

   116120.  (a) It shall be unlawful for any person to import into
the state any exotic vector without written approval from the state
department.
   (b) The state department shall issue an applicant written
authority to import into the state any exotic vector upon a
determination by the state department that the public health and
safety will not be endangered thereby.
   (c) "Exotic vector" means a vector species that is not native to
California and is not commonly found in the state.
   (d) Any violation of this section is a misdemeanor.

      Article 3.  Rodent Abatement

   116125.  Every person possessing any place that is infested with
rodents, as soon as their presence comes to his or her knowledge,
shall at once proceed and continue in good faith to endeavor to
exterminate and destroy the rodents, by poisoning, trapping, and
other appropriate means.
   116130.  The department, the board of supervisors of each county,
local health officers, or inspectors appointed by any of them, as
provided in this article and Chapter 3 (commencing with Section
116250), may inspect all places for the purpose of ascertaining
whether they are infested with rodents and whether the requirements
of this article and Chapter 3 (commencing with Section 116250) as to
their extermination and destruction are being complied with.
However, no building occupied as a dwelling, hotel, or rooming house,
shall be entered for inspection purposes except between the hours of
9 a.m., and 5 p.m.
   116135.  The board of supervisors of each county and the governing
body of each city, whenever it may by resolution determine that it
is necessary for the preservation of the public health or to prevent
the spread of contagious or infectious disease, communicable to
mankind, or when it determines that it is necessary to prevent great
and irreparable damage to crops or other property, may appropriate
money for the purchase of, and may purchase, poison, traps, and other
materials for the purpose of exterminating and destroying rodents in
that county or city, and may employ and pay inspectors, who shall
prosecute the work of extermination and destruction on both private
and public property in the county or city.
   116140.  Whenever any person possessing any place that is infested
with rodents, fails, neglects or refuses to proceed and to continue
to endeavor to exterminate and destroy the rodents, as required in
this article and Chapter 3 (commencing with Section 116250), the
department and its inspectors, the county board of supervisors and
its inspectors, and the local health officer, shall at once cause the
rodents to be exterminated and destroyed.
   116145.  The expense of exterminating and destroying the rodents
is a charge against the county or city in which the work is done, and
the board of supervisors or other governing body shall allow and pay
it.
   116150.  The governing body shall record in the office of the
county recorder a notice of payment, claiming a lien on the property
for the amount of the payment.
   116155.  All sums so paid by the county or city are a lien on the
property on which the work was done, and may be recovered in an
action against the property.
   116160.  The action to foreclose the lien shall be brought within
90 days after the payment, and shall be prosecuted by the district or
city attorney in the name of the county, or city, as the case may
be, and for its benefit.
   116165.  When the property is sold, enough of the proceeds shall
be paid into the treasury of the county or city to satisfy the lien
and the costs, and the surplus, if any, shall be paid to the owner of
the property, if known, and if not known shall be paid into the
court for the use of the owner when ascertained.
   116170.  If it appears from the complaint in the action that the
property on which the lien is to be foreclosed is likely to be
removed from the jurisdiction of the court, the court may appoint a
receiver to take possession of the property and hold it while the
action is pending or until the defendant executes and files a bond,
conditioned for the payment of any judgment that may be recovered
against the defendant in the action and of all costs.

      Article 4.  Mosquito and Gnat Control

   116175.  The department shall make studies and demonstrations as
may be necessary to determine the areas of the state that have a high
proportion of mosquito-borne diseases, including malaria and
encephalitis.
   116180.  (a) The department may enter into a cooperative agreement
with any local district or other public agency engaged in the work
of controlling mosquitoes, gnats, flies, other insects, rodents, or
other vectors and pests of public health importance, in areas and
under terms, conditions, and specifications as the director may
prescribe.
   (b) The agreement may provide for financial assistance on behalf
of the state and for the doing of all or any portion of the necessary
work by either of the contracting parties, except that in no event
shall the department agree that the state's contribution shall exceed
50 percent of the total cost of any acceptable plan.
   (c) The agreement may provide for contributions by the local
district or other public agency to the Mosquitoborne Disease
Surveillance Account.

      Article 5.  Mosquito Control and Imported Tires

   116185.  The Legislature finds and declares that used tires
imported into this country have contained mosquitos that are carriers
of disease that is harmful to humans.
   The Legislature further finds and declares that, in order to
attempt to ensure that these mosquitos are not brought into this
state, it is necessary to require that used tires not be imported
into this state unless they have been certified as being free of
mosquitos.
   116190.  (a) No used tires that have been imported into the United
States shall be imported into this state, for purposes of sale,
resale or disposal, unless they are inspected and certified as free
from mosquitos in any stage of development by the department or its
designee.  Nothing in this section is intended to require inspection
of each tire entering the state.  The inspection shall be conducted
using standard sampling procedures.
   (b) Notwithstanding subdivision (a), if a shipment of tires
imported into the United States has been inspected in a state other
than California and certified as free from mosquitos in any state of
development by persons meeting the federal certified pesticide
applicator qualifications contained in 7 U.S.C.  Section 136b, then
the department shall review the certification to determine whether or
not it is adequate.  For the purposes of this subdivision, "adequate"
means that the department shall confirm that the certification was
performed by persons meeting the qualifications referred to in this
subdivision and that the certification applies to the shipment of
tires imported into this state.
   If the certification is determined by the department to be
adequate, the department shall make a written finding to that effect,
and the inspection referred to in subdivision (a) shall not be
required.  The department may charge and collect a reasonable fee,
not to exceed fifty dollars ($50) per shipment, to cover its costs
incurred pursuant to this subdivision.
   If the certification is determined by the department to be
inadequate, the inspection referred to in subdivision (a) shall be
required.
   116195.  The department shall administer this article.  In
carrying out this duty, the department may delegate its authority to
other departments of the state or to local governmental agencies, or
cooperate with other agencies in the enforcement of this article.
   Notwithstanding Section 116180, the department may enter into a
contract for services with local agencies, in order to implement this
article.
   116200.  The department shall charge and collect a fee  for each
certificate issued by the department or its designee, which shall be
in an amount reasonably necessary to produce sufficient revenue to
effectively implement this article.  The initial fee established by
the department shall not be greater than thirty cents ($0.30) per
tire or casing imported.
   A nonreturnable interim fee of thirty cents ($0.30) per tire or
casing imported, and for which a certificate is issued by the
department or its designee, is hereby established and shall remain in
effect until the department adopts the necessary regulations
pursuant to this article.
   116205.  The department shall collect and account for all money
received pursuant to this article and shall deposit it in the
Mosquitoborne Disease Surveillance Account provided for in Section
25852 of the Government Code.
   116210.  Fees collected pursuant to this article shall be subject
to the annual fee increase provisions of Section 100425.
   116215.  Notwithstanding Section 25852 of the Government Code,
fees deposited in the Mosquitoborne Disease Surveillance Account
pursuant to this article shall be available for expenditure upon
appropriation by the Legislature, to implement this article.
   116220.  It shall be a misdemeanor to violate this article.
   116225.  This article, with the exception of Section 116185, shall
be inoperative upon a finding by the director that the federal
government has established and is implementing a program that is at
least as effective in ensuring that used tires imported into this
state are free of mosquitos, as are the importation requirements
established by this article.

      CHAPTER 3.  ENFORCEMENT AND PENALTIES

   116250.  A violation of Article 3 (commencing with Section 116125)
of Chapter 2 is a misdemeanor.

      PART 12.  DRINKING WATER
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  CALIFORNIA SAFE DRINKING WATER ACT
      Article 1.  Pure and Safe Drinking Water

   116275.  As used in this chapter:
   (a) "Contaminant" means any physical, chemical, biological, or
radiological substance or matter in water.
   (b) "Department" means the State Department of Health Services.
   (c) "Drinking water standards" means:
   (1) Primary drinking water standards that specify maximum levels
of contaminants that, in the judgment of the department, may have an
adverse effect on the health of persons.
   (2) Secondary drinking water standards that specify maximum
contaminant levels that, in the judgment of the department, are
necessary to protect the public welfare.  Secondary drinking water
standards may apply to any contaminant in drinking water that may
adversely affect the odor or appearance of the water and may cause a
substantial number of persons served by the public water system to
discontinue its use, or that may otherwise adversely affect the
public welfare.  Regulations establishing secondary drinking water
standards may vary according to geographic and other circumstances
and may apply to any contaminant in drinking water that adversely
affects the taste, odor, or appearance of the water when the
standards are necessary to assure a supply of pure, wholesome, and
potable water.
                                                (3) The monitoring
and reporting requirements as specified in regulations adopted by the
department that pertain to maximum contaminant levels.
   (d) "Maximum contaminant level" means the maximum permissible
level of a contaminant in water.
   (e) "Person" means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.
   (f) "Public water system" means a system for the provision of
piped water to the public for human consumption that has 15 or more
service connections or regularly serves an average of at least 25
individuals daily at least 60 days out of the year.  A public water
system includes the following:
   (1) Any collection, treatment, storage, and distribution
facilities under control of the operator of the system which are used
primarily in connection with the system.
   (2) Any collection or pretreatment storage facilities not under
the control of the operator that are used primarily in connection
with the system.
   (3) Any person who treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption.
   (g) "Community water system" means a public water system that
serves at least 15 service connections used by yearlong residents or
regularly serves at least 25 yearlong residents.
   (h) "Noncommunity water system" means a public water system that
meets one of the following criteria:
   (1) Serves at least 25 nonresident individuals daily at least 60
days of the year, but not more than 24 yearlong residents.
   (2) Serves 15 or more service connections and any number of
nonresident individuals at least 60 days of the year, but no yearlong
residents.
   (i) "Local health officer" means a local health officer appointed
pursuant to Section 101000 or a local comprehensive health agency
designated by the board of supervisors pursuant to Section 101275 to
carry out the drinking water program.
   (j) "Significant rise in the bacterial count of water" means a
rise in the bacterial count of water that the department determines,
by regulation, represents an immediate danger to the health of water
users.
   (k) "State small water system" means a system for the provision of
piped water to the public for human consumption that serves at least
five, but not more than 14, service connections and does not
regularly serve more than an average of 25 individuals daily for more
than 60 days out of the year.
   (l) "User" means any person using water for domestic purposes.
User does not include any person processing, selling, or serving
water or operating a public water system.
   (m) "Waterworks standards" means regulations adopted by the
department that take cognizance of the latest available "Standards of
Minimum Requirements for Safe Practice in the Production and
Delivery of Water for Domestic Use" adopted by the California section
of the American Water Works Association.
   (n) "Local primacy agency" means any local health officer that has
applied for and received primacy delegation from the department
pursuant to Section 116330.
   (o) "Service connection" means the point of connection between the
customer's piping or ditch, and the public water system's meter,
service pipe, or ditch.
   116280.  This chapter does not apply to a public water system that
meets all of the following conditions:
   (a) Consists only of distribution and storage facilities and does
not have any collection and treatment facilities.
   (b) Obtains all of its water from, but is not owned or operated
by, a public water system to which this chapter applies.
   (c) Does not sell water to any person or user, except for the sale
of water to users pursuant to Section 2705.5 of the Public Utilities
Code through a submetered service system if the water supply is
obtained from a public water system to which this chapter applies.
   By enacting this subdivision, it is not the intent of the
Legislature to change existing law as to responsibility or liability
for distribution systems beyond the mastermeter.
   116285.  This chapter shall not apply to an irrigation canal
system if the owner or operator of the system certifies to the
department, and notifies each user, in writing, that the water is
untreated and is being furnished or supplied solely for agricultural
purposes to either of the following:
   (a) A user where the user receives the water, by pipe or
otherwise, directly from the irrigation canal system.
   (b) A person who owns or operates an integrated pipe system where
the person receives the water, by pipe or otherwise, directly from
the irrigation canal system.
   "Irrigation canal system," as used in this section, means a system
of water conveyance facilities, including pipes, tunnels, canals,
conduits, pumping plants and related facilities operated to furnish
or supply water for agricultural purposes where a substantial portion
of the facilities is open to the atmosphere.
   116290.  In areas where the water service rendered by a person is
primarily agricultural, and domestic service is only incidental
thereto, this chapter shall not apply except in specific areas in
which the department has found its application to be necessary for
the protection of the public health and has given written notice
thereof to the person furnishing or supplying water in the area.
   The department may prescribe reasonable and feasible action to be
taken by those persons or the users to insure that their domestic
water will not be injurious to health.
   116300.  The Legislature finds and declares all of the following:

   (a) Every citizen of California has the right to pure and safe
drinking water.
   (b) Feasible and affordable technologies are available and shall
be used to remove toxic contaminants from public water supplies.
   (c) According to the State Department of Health Services, over 95
percent of all large public water systems in California are in
compliance with health-based action levels established by the state
department for various contaminants.
   (d) It is the policy of the state to reduce to the lowest level
feasible all concentrations of toxic chemicals that when present in
drinking water may cause cancer, birth defects, and other chronic
diseases.
   (e) This chapter is intended to ensure that the water delivered by
public water systems of this state shall at all times be pure,
wholesome, and potable.  The provisions of this chapter provide the
means to accomplish this objective.
   (f) It is the intent of the Legislature to improve laws governing
drinking water quality to improve upon the minimum requirements of
the federal Safe Drinking Water Act Amendments of 1986, to establish
primary drinking water standards that are at least as stringent as
those established under the federal Safe Drinking Water Act, and to
establish a program under this chapter that is more protective of
public health than the minimum federal requirements.
   (g) It is the further intent of the Legislature to establish a
drinking water regulatory program within the State Department of
Health Services in order to provide for the orderly and efficient
delivery of safe drinking water within the state and to give the
establishment of drinking water standards and recommended public
health goals greater emphasis and visibility within the state
department.

      Article 2.  Department and Local Responsibilities

   116325.  The department shall be responsible for assuring that all
public water systems are operated in compliance with this chapter
and any regulations adopted hereunder.  The department shall directly
enforce this chapter for all public water systems with 200 or more
service connections.  Effective July 1, 1993, the department shall
directly enforce this chapter for all public water systems except as
set forth in Section 116500.
   116330.  (a) The department may delegate primary responsibility
for the administration and enforcement of this chapter within a
county to a local health officer authorized by the board of
supervisors to assume these duties, by means of a local primacy
delegation agreement if the local health officer demonstrates that it
has the capability to meet the local primacy program requirements
established by the department pursuant to subdivision (h) of Section
116375.  This delegation shall not include the regulation of
community water systems serving 200 or more service connections.  The
local primacy agreement may contain terms and conditions that the
department deems necessary to carry out this chapter.  The local
primacy agreement shall provide that, although the local primacy
agency shall be primarily responsible for administration and
enforcement of this chapter for the designated water systems, the
department does not thereby relinquish its authority, but rather
shall retain jurisdiction to administer and enforce this chapter for
the designated water systems to the extent determined necessary by
the department.
   (b) Any local health officer seeking a local primacy delegation
shall submit an application to the department.  The application shall
be submitted by March 1, 1993, for local health officers seeking
local primacy agreements for the 1993-94 fiscal year.  Thereafter,
the application shall be submitted by January 1, of the fiscal year
immediately preceding the commencement of the fiscal year for which
the local primacy delegation is sought.  The application shall be in
the format, and shall contain information, required by the
department.  The department shall approve the application for primacy
if the department determines that the local health officer is
capable of meeting the primacy program requirements established by
the department.
   (c) A local primacy delegation approved by the department shall
remain in effect until any of the following conditions occur:
   (1) The delegation is withdrawn by mutual agreement.
   (2) The local primacy agency provides 120-day advance written
notice to the department that it no longer wishes to retain local
primacy.
   (3) The department determines that the local primacy agency no
longer complies with the department's local primacy program
requirements.  The department shall provide written notice to the
local primacy agency and the board of supervisors and shall provide
an opportunity for a public hearing prior to initiation of any local
primacy revocation action by the department.
   (d) The department shall evaluate the drinking water program of
each local primacy agency at least annually.  The department shall
prepare a report of the evaluation and list any program improvements
needed to conform to the department's local primacy program
requirements.  A copy of the evaluation report shall be provided to
the local primacy agency and the board of supervisors.  The local
primacy agency shall be granted a reasonable amount of time to make
any needed program improvements prior to the initiation of any local
primacy revocation actions.
   (e) To the extent funds are available in the Safe Drinking Water
Account, the department shall provide the local primacy agency with
an annual drinking water surveillance program grant to cover the cost
of conducting the inspection, monitoring, surveillance, and water
quality evaluation activities specified in the local primacy
agreement.  The annual program grant pursuant to this subdivision
shall not exceed the amount that the department determines would be
necessary for the department to conduct inspection, monitoring,
surveillance, and water quality evaluation activities in the absence
of a local primacy agreement for those systems in that county.
   (f) The local primacy agency shall act for the department as the
primary agency responsible for the administration and enforcement of
this chapter for the specified public water systems and shall be
empowered with all of the authority granted to the department by this
chapter over those water systems.
   116335.  For public water systems with less than 200 service
connections, except as provided in Section 116500, the local health
officer shall be responsible for the enforcement of this chapter.
For the purposes of this chapter, unless the context otherwise
requires, and whenever enforcement activities involve public water
systems with  fewer than 200 service connections, the local health
officer shall act for the department, except that variances and
exemptions may only be granted or revoked by the local health officer
following the procedures as provided in Section 116625 subject to
the approval of the department.
   Annual permit fees may be prescribed by the local governing body
in accord with Section 101325 to pay the reasonable expenses of the
local health officer in carrying out this chapter and regulations
adopted thereunder.
   This section does not apply to state small water systems regulated
by Section 116340.
   This section shall become inoperative on July 1, 1993, and, as of
January 1, 1994, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 1994, deletes or extends
the dates on which it becomes inoperative and is repealed.
   116340.  This chapter shall not apply to state small water systems
except as provided under this section:
   (a) The department shall adopt regulations specifying minimum
requirements for operation of a state small water system.  The
requirements may be less stringent than the requirements for public
water systems as set forth in this chapter.
   (b) The minimum requirements for state small water systems adopted
by the department pursuant to subdivision (a) shall be enforced by
the local health officer or a local health agency designated by the
local health officer.  In counties that do not have a local health
officer, the requirements shall be enforced by the department.  Local
health agencies may adopt more stringent requirements for state
small water systems than those specified in the state regulations.
   (c) The reasonable costs of the local health officer in carrying
out the requirements of this section may be recovered through the
imposition of fees on state small water systems by the local
governing body in accordance with Section 101325.
   116345.  (a) The local health officer shall submit a report
monthly to the department regarding the status of compliance with
this chapter by the public water systems under the jurisdiction of
the local health officer.  The report shall be in a form and manner
prescribed by the department.
   (b) The department shall review the public water system program of
the local health officer at least every three years to assure
compliance with this chapter.  A report of the findings of the review
along with any recommendations of the department shall be provided
to the local health officer and the board of supervisors.

      Article 3.  Operations

   116350.  (a) The department shall administer the provisions of
this chapter and all other provisions relating to the regulation of
drinking water to protect public health.
   (b) The department shall also have the following responsibilities:

   (1) Conduct research, studies, and demonstration projects relating
to the provision of a dependable, safe supply of drinking water,
including, but not limited to, all of the following:
   (A) Improved methods to identify and measure the existence of
contaminants in drinking water and to identify the source of the
contaminants.
   (B) Improved methods to identify, measure, and assess the
potential adverse health effects of contaminants in drinking water.
   (C) New methods of treating raw water to prepare it for drinking,
so as to improve the efficiency of water treatment and to remove or
reduce contaminants.
   (D) Improved methods for providing a dependable, safe supply of
drinking water, including improvements in water purification and
distribution, and methods of assessing health-related hazards.
   (E) Improved methods of protecting the water sources of public
water systems from contamination.
   (F) Alternative disinfection technologies that minimize, reduce,
or eliminate hazardous disinfection byproducts.
   (2) Enforce provisions of the federal Safe Drinking Water Act and
regulations adopted pursuant thereto.
   (3) Adopt regulations to implement this chapter.
   (c) The department may conduct studies and investigations as it
deems necessary to assess the quality of private domestic water
wells.
   116355.  (a) On or before July 1, 1991, the department shall
submit to the Legislature a comprehensive Safe Drinking Water Plan
for California.
   (b) The Safe Drinking Water Plan shall include, but not be limited
to, the following information:
   (1) An analysis of the overall quality of California's drinking
water and the identification of specific water quality problems.
   (2) Types and levels of contaminants found in public drinking
water systems that have less than 10,000 service connections.  The
discussion of these water systems shall include the following:
   (A) Estimated costs of requiring these systems to meet primary
drinking water standards and recommended public health goals.
   (B) Recommendations for actions that could be taken by the
Legislature, the department, and these systems to improve water
quality.
   (3) A discussion and analysis of the known and potential health
risks that may be associated with drinking water contamination in
California.
   (4) An evaluation of how existing water quality information
systems currently maintained by local or state agencies can be more
effectively used to protect drinking water.
   (5) An evaluation of the research needed to develop inexpensive
methods and instruments to ensure better screening and detection of
water borne chemicals, and inexpensive detection methods that could
be used by small utilities and consumers to detect harmful microbial
agents in drinking water.
   (6) An analysis of the technical and economic viability and the
health benefits of various treatment techniques that can be used to
reduce levels of trihalomethanes, lead, nitrates, synthetic organic
chemicals, micro-organisms, and other contaminants in drinking water.

   (7) A discussion of alternative methods of financing the
construction, installation, and operation of new treatment
technologies, including, but not limited to user charges, state or
local taxes, state planning and construction grants, loans, and loan
guarantees.
   (8) A discussion of sources of revenue presently available, and
projected to be available, to public water systems to meet current
and future expenses.
   (9) An analysis of the current cost of drinking water paid by
residential, business, and industrial consumers based on a statewide
survey of large, medium, and small public water systems.
   (10) Specific recommendations, including recommendations developed
pursuant to paragraph (6), to improve the quality of drinking water
in California and a detailed five-year implementation program.
   116360.  The Office of Environmental Health Hazard Assessment
shall establish recommended public health  goals for contaminants in
drinking water in accordance with all of the following criteria:
   (a) Recommended public health goals, including those implementing
the criteria set forth in subdivisions (b) to (h), inclusive, shall
be set at a level that does not exceed the national primary drinking
water standard adopted by the United States Environmental Protection
Agency.
   (b) Any recommended public health goals for an acutely toxic
substance shall be set at a level at which scientific evidence
indicates that no known or anticipated adverse effects on health will
occur, plus an adequate margin of safety.
   (c) Any recommended public health goal established for a
carcinogen or other substance which may cause chronic disease shall
be based solely on health effects without regard to cost impacts or
other factors, and shall be set at a level which the office has
determined, based upon currently available data, does not pose any
significant risk to health.
   (d) To the extent the information is available, the office shall
consider possible synergistic effects resulting from exposure to, or
interaction by, two or more contaminants.
   (e) The office shall consider the existence of groups or
individuals in the population that are more susceptible to adverse
effects of contaminants than a normal healthy adult.
   (f) The office shall consider the contaminant exposure and body
burden levels that alter physiological function or structure in a
manner that may significantly increase the risk of illness.
   (g) In cases of scientific ambiguity, the office shall use
criteria most protective of public health and shall incorporate
safety factors of noncarcinogenic substances for which generally
accepted scientific research indicates there is a safe dose-response
threshold.
   (h) The office shall consider exposure to contaminants in media
other than drinking water, including, but not limited to, exposures
in food, in the ambient and indoor air, and the resulting body
burden.
   (i) Recommended public health goals established by the office
shall be reviewed periodically and revised as necessary based upon
the availability of new scientific data.
   116365.  (a) In addition to, and concurrent with, adoption of
recommended public health goals established by the office pursuant to
Section 116360, the department shall adopt primary drinking water
standards for contaminants found in drinking water in accordance with
the following criteria:
   (1) Primary drinking water standards shall be set at a level that
is as close as practical to recommended public health goals placing
primary emphasis on protection of public health.
   (2) Primary drinking water standards shall be set using
considerations of technical feasibility and economic costs of
compliance to water purveyors and consumers.
   (3) In no event shall primary drinking water standards be set at
levels less stringent than primary drinking water standards set by
the United States Environmental Protection Agency.
   (b) At least once every five years after adoption, the department
shall review primary drinking water standards, and, using the
criteria set forth in subdivision (a), shall amend any standard if
any of the following occur:
   (1) Changes in technology or treatment techniques permit greater
protection of public health or attainment of the recommended public
health goal.
   (2) New scientific evidence indicates that a substance may present
a substantially different risk to public health than was previously
determined.
   (3) The department determines that a primary standard no longer
meets the requirements of this chapter.
   (c) The department may, by regulation, require the use of a
specified treatment technique in lieu of establishing a maximum
contaminant level for a contaminant if the department determines that
it is not economically or technologically feasible to ascertain the
level of the contaminant.
   116370.  On or before January 1, 1992, the department shall
propose, hold a public hearing, and promulgate a finding of the best
available technology for each contaminant for which a recommended
public health goal and a primary drinking water standard have been
adopted.  Thereafter, the department shall promulgate a finding of
best available technology for each contaminant for which a
recommended public health goal and a primary drinking water standard
have been adopted at the time the levels and standards are adopted.
The finding of the department shall take into consideration the costs
and benefits of best available treatment technology that have been
proven effective under full-scale field applications.
   116375.  The department shall adopt regulations it deems necessary
to carry out the purposes of this chapter.  The regulations shall
include, but not be limited to, the following:
   (a) The monitoring of contaminants including the type of
contaminant, frequency and method of sampling and testing and the
reporting of results.
   (b) The monitoring of unregulated contaminants for which drinking
water standards have not been established by the department.  The
requirements shall be no less stringent than those promulgated
pursuant to paragraph (2) of subsection (a) of Section 1445 of the
federal Safe Drinking Water Act, as amended (42 U.S.C. Sec. 300j-4
(a)(2)).  Until the time that the department adopts regulations
regarding the monitoring of unregulated contaminants, the department
may, by order, require any public water system that has been shown to
contain detectable levels of any unregulated contaminants to conduct
periodic water analyses in accordance with conditions specified by
the department.  The water analyses shall be reported on a quarterly
basis unless the department finds that more or less frequent analysis
is necessary.
   (c) Requirements for the design, operation, and maintenance of
public water systems, including, but not limited to, waterworks
standards and the control of cross-connections, that the department
determines are necessary to obtain, treat, and distribute a reliable
and adequate supply of pure, wholesome, potable, and healthy water.
   (d) Requirements for treatment, including disinfection of water
supplies.
   (e) Requirements for the filtration of surface water supplies at
least as stringent as regulations promulgated pursuant to
subparagraph (C) of paragraph (7) of subsection (b) of Section 1412
of the federal Safe Drinking Water Act, as amended (42 U.S.C. Sec.
300g-1 (b)(7)(C)).
   (f) Requirements for notifying the public of the quality of the
water delivered to consumers.
   (g) Minimum acceptable financial assurances that a public water
system shall be required to submit as a demonstration of its
capability to provide for the ongoing operation, maintenance, and
upgrading of the system, including compliance with monitoring and
treatment requirements and contingencies.  For privately owned
systems not regulated by the California Public Utilities Commission,
the financial assurance may be in the form of a trust fund, surety
bond, letter of credit, insurance, or other equivalent financial
arrangement acceptable to the department.
   (h) Program requirements for the conduct of the public water
system program by a local health officer under a primacy delegation
from the department as set forth in this chapter.  The requirements
shall include, but not be limited to, the issuance of permits,
surveillance and inspections, reporting of monitoring and compliance
data, and the taking of enforcement actions.
                                                (i) Methods for
determination of the number of persons served by a public water
system for drinking water regulatory purposes.
   116380.  In addition to the requirements set forth in Section
116375, the regulations adopted by the department pursuant to Section
116375 shall include requirements governing the use of
point-of-entry treatment by public water systems in lieu of
centralized treatment where it can be demonstrated that centralized
treatment is not economically feasible.
   116385.  Any person operating a public water system shall obtain
and provide at that person's expense an analysis of the water to the
department, in the form, covering those matters, and at intervals as
the department by regulation may prescribe.  The analysis shall be
performed by a laboratory duly certified by the department.
   116390.  (a) No laboratory, other than a laboratory operated by
the department, shall perform tests required pursuant to this chapter
for any public water system without first obtaining a certificate
issued by the department pursuant to Article 3 (commencing with
Section 100825) of Chapter 4 of Part 1 of Division 101, except that
laboratories previously issued a certificate under this section shall
be deemed certified until certification under Article 3 (commencing
with Section 100825) of Chapter 4 of Part 1 of Division 101 has been
either granted or denied, but not beyond the expiration date shown on
the certificate previously issued under this section.
   (b) No person or public entity of the state shall contract with a
laboratory for environmental analyses for which the state department
requires certification pursuant to this section, unless the
laboratory holds a valid certificate.
   116395.  (a) The Legislature finds and declares all of the
following:
   (1) The large water system testing program has discovered chemical
contamination of the state's drinking water with increasing
frequency.
   (2) A significant number of California residents rely on the state'
s small water systems to provide their water.
   (3) The small systems, because they tend to be located in outlying
rural areas where pesticide use is prevalent, and because they draw
their water from shallow aquifers, face a serious threat of
contamination.
   (4) Unchecked water sources that may be contaminated pose a
potentially serious threat to the health of the citizens of
California, particularly those living in outlying rural areas.
   (5) It is in the interest of all Californians that a testing
program for small public water systems be implemented and carried out
as expeditiously as possible.
   (b) For purposes of this section, "small public water system"
means a system with 200 connections or less, and is one of the
following:
   (1) A community water system that serves at least 15 service
connections used by yearlong residents or regularly serves at least
25 yearlong residents.
   (2) A state small water system.
   (3) A noncommunity water system such as a school, labor camp,
institution, or place of employment, as designated by the department.

   (c) The department shall conduct training workshops to assist
health officers in evaluation of small public water systems for
organic chemical contamination, and in sampling and testing
procedures.  The department shall, at a minimum, provide health
officers with guidelines for evaluating systems and instructions for
sampling.
   (d) The department shall develop a schedule for conduct of the
programs by the local health officers.  The schedule shall establish
a program to address first those systems with the most serious
potential for contamination.  The department shall enter into
agreements with the local health agencies to conduct the necessary
work to be performed pursuant to the schedule.  The department shall
begin the program no later than three months after September 19,
1985.  All local health officers shall complete the evaluation,
sampling, testing, review of sampling results, and notification to
the public water systems within their jurisdiction in accordance with
the agreements entered into with the department and within the
schedule established by the department.  All work required by this
section shall be completed within three years after September 19,
1985.
   (e) In consultation with the department, the local health officer
shall conduct an evaluation of all small public water systems under
their jurisdictions to determine the potential for contamination of
groundwater sources by organic chemicals.  The evaluation shall
include, but not be limited to:
   (1) A review of the historical water quality data of each system
to determine possible evidence of degradation.
   (2) A review, to be coordinated with the State Water Resources
Control Board, and the California regional water quality control
boards, of past and present waste disposal practices that may
potentially affect the respective well water supply.
   (3) A review of other organic chemicals used in the water supply
area that have potential health risks and that may have the potential
for contaminating drinking water supplies because of environmental
persistence or resistance to natural degradation under conditions
existing in California.
   (f) Based upon the evaluation of each system, the local health
officers shall develop a sampling plan for each system within their
jurisdiction.  The health officer shall collect samples in accordance
with the plan and shall submit the samples for analysis to a
certified laboratory designated by the department.  When applicable,
the laboratory shall test water samples using the Environmental
Protection Agency's 13 approved analytical techniques established
under subdivision (h) of Section 304 of the Clean Water Act to
qualitatively identify the complete range of contaminants in the same
class as the specific contaminant or class of contaminants being
analyzed.
   (g) Within 10 days of the receipt from the laboratory of the
testing results, the local health officer shall notify the small
public water system, the department and the California regional water
quality control board for that region of the results.
   (h) Following a review of the testing results, the local health
officer may order the public water system to conduct a periodic water
sampling and analysis program in accordance with conditions
specified by the local health officer.  The department shall provide
ongoing advice and assistance to local health officers in
interpreting test results and determining appropriate notification
and followup activities in those instances where contaminants are
found.
   (i) This section shall be operative during any fiscal year only if
the Legislature appropriates sufficient funds to pay for all
state-mandated costs to be incurred by local agencies pursuant to
this section during that year.
   116400.  If the department determines that a public water system
is subject to potential contamination, the department may, by order,
require the public water system to conduct a periodic water analysis
in accordance with conditions specified by the department.  The water
analysis shall be reported on a quarterly basis, unless the
department finds that reasonable action requires either more or less
frequent analysis.
   116405.  (a) In counties with a population not exceeding 500,000
persons as shown by the 1970 federal decennial census, any public
water system supplying both domestic and untreated irrigation water
in separate pressurized systems that were in existence prior to
January 1, 1990, and that is operated by an incorporated or
unincorporated association of users, shall not require protection
against backflow into the domestic water system from premises
receiving both the water services and having available no other
source of water, except where interconnection between the systems has
taken place.  It shall be a misdemeanor for any person to knowingly
interconnect the water services on a user's premises without
installing a backflow protection device approved by the state
department.
   (b) Regulations of the state department requiring the installation
of backflow protection shall not be continued to require the
installation of the protection in any public water system described
in subdivision (a), except as provided in that subdivision.

      Article 4.  Exemptions and Variances

   116425.  (a) The department may exempt any public water system
from any maximum contaminant level or treatment technique requirement
if it finds all the following:
   (1) The public water system was in operation, or had applied for a
permit to operate, on the effective date of the maximum contaminant
level or treatment technique requirement.
   (2) Due to compelling factors, which may include economic factors,
the public water system is unable to comply with the maximum
contaminant level or treatment technique requirement.
   (3) The granting of the exemption will not result in an
unreasonable risk to health.
   (b) If the department grants a public water system an exemption
for a primary drinking water standard under subdivision (a), the
department shall prescribe, at the time an exemption is granted, a
schedule for both of the following:
   (1) Compliance by the public water system with each contaminant
level or treatment technique requirement for which the exemption was
granted.
   (2) Implementation by the public water system of interim control
measures the department may require for each contaminant or treatment
technique requirement for which the exemption was granted.
   (c) Any schedule prescribed by the department pursuant to this
section shall require compliance by the public water system with each
contaminant level or treatment technique requirement for which the
exemption was granted within 12 months from the granting of the
exemption.
   (d) The final date for compliance with any schedule issued
pursuant to this section may be extended by the department for a
period not to exceed three years from the date of the granting of the
exemption if the department finds all of the following:
   (1) The system cannot meet the standard without capital
improvements that cannot be completed within the period of the
exemption.
   (2) In the case of a system that needs financial assistance for
the necessary improvements, the system has entered into an agreement
to obtain the financial  assistance or the system has entered into an
enforceable agreement to become part of a regional public water
system.
   (3) The system is taking all practicable steps to meet the
standard.
   (e) In the case of a system that does not serve more than 500
service connections and that needs financial assistance for the
necessary improvements, an exemption granted pursuant to paragraph
(2) of subdivision (d) may be renewed for one or more additional
two-year periods if the system establishes that it is taking all
practicable steps to meet the requirements of subdivision (d).
   (f) Prior to the granting of an exemption pursuant to this
section, the department shall provide notice and an opportunity for a
public hearing.  Notice of any public hearing held pursuant to this
section shall be given by the department in writing to the public
water system seeking the exemption and to the public as provided in
Section 6061 of the Government Code.
   116430.  (a) The department may grant a variance or variances from
primary drinking water standards to a public water system.  Any
variance granted pursuant to this subdivision shall conform to the
requirements established under the federal Safe Drinking Water Act,
as amended (42 U.S.C.  Sec. 300g-4).
   (b) (1) In addition to the authority provided in subdivision (a),
at the request of any public water system, the department shall grant
  a variance from the primary drinking water standard adopted by the
department for fluoride.  A variance granted by the department
pursuant to this subdivision shall prohibit fluoride levels in excess
of 75 percent of the maximum contaminant level established in the
national primary drinking water regulation adopted by the United
States Environmental Protection Agency for fluoride, or three
milligrams per liter, whichever is higher, and shall be valid for a
period of up to 30 years.  The department shall review each variance
granted pursuant to this section at least every five years.  The
variance may be withdrawn upon reasonable notice by the department if
the department determines that the community served by the public
water system no longer accepts the fluoride level authorized in the
variance or the level of fluoride authorized by the variance poses an
unreasonable risk to health.  In no case may a variance be granted
in excess of the United States Environmental Protection Agency
maximum contaminant level.
   (2) The department shall grant a variance pursuant to paragraph
(1) only if it determines, after conducting a public hearing in the
community served by the public water system, that there is no
substantial community opposition to the variance and the variance
does not pose an unreasonable risk to health.  The public water
system shall provide written notification, approved by the
department, to all customers which shall contain at least the
following information:
   (A) The fact that a variance has been requested.
   (B) The date, time and location of the public hearing that will be
conducted by the department.
   (C) The level of fluoride that will be allowed by the requested
variance and how this level compares to the maximum contaminant
levels prescribed by the state primary drinking water standard, the
federal national primary drinking water regulation, and the federal
national secondary drinking water regulation.
   (D) A discussion of the types of health and dental problems that
may occur when the fluoride concentration exceeds the maximum
contaminant levels prescribed by the state standard and the federal
regulations.
   (3) If, at any time after a variance has been granted pursuant to
paragraph (1), substantial community concerns arise concerning the
level of fluoride present in the water supplied by the public water
system, the public water system shall notify the department, conduct
a  public hearing on the concerns expressed by the community,
determine the fluoride level that is acceptable to the community, and
apply to the department for an amendment to the variance which
reflects that determination.

      Article 5.  Public Notification

   116450.  (a) When any primary drinking water standard specified in
the department's regulations is not complied with, when a monitoring
requirement specified in the department's regulations is not
performed, or when a water purveyor fails to comply with the
conditions of any variance or exemption, the person operating the
public water system shall notify the department and shall give notice
to the users of that fact in the manner prescribed by the
department.  When a variance or an exemption is granted, the person
operating the public water system shall  give notice to the users of
that fact.
   (b) When a person operating a public water system determines that
a significant rise in the bacterial count of water has occurred in
water he or she supplies, the person shall provide, at his or her
expense, a report on the rise in bacterial count of the water,
together with the results of an analysis of the water, within 24
hours to the department and, where appropriate, to the local health
officer.
   (c) When the department receives the information described in
subdivision (b) and determines that it constitutes an immediate
danger to health, the department shall immediately notify the person
operating the public water system to implement the emergency
notification plan required by this chapter.
   (d) In the case of a failure to comply with any primary drinking
water standard that represents an imminent danger to the health of
water users, the operator shall notify each of his or her customers
as provided in the approved emergency notification plan.
   (e) In addition, the same notification requirement shall be
required in any instance in which the department or the local health
department recommends to the operator that it notify its customers to
avoid internal consumption of the water supply and to use bottled
water due to a chemical contamination problem that may pose a health
risk.
   (f) The content of the notices required by this section shall be
approved by the department. Notice shall be repeated at intervals, as
required by the department, until the department concludes that
there is compliance with its standards  or requirements. Notices may
be given by the department.
   In any case where public notification is required by this section
because a contaminant is present in drinking water at a level in
excess of a primary drinking water standard, the notification shall
include identification of the contaminant, information on possible
effects of the contaminant on human health, and information on
specific measures that should be taken by persons or populations who
might be more acutely affected than the general population.
   (g) Whenever a school or school system, the owner or operator of
residential rental property, or the owner or operator of a business
property receives a notification from a person operating  a public
water system under any provision of this section, the school or
school system shall notify school employees, students and parents if
the students are minors, the owner or operator of a residential
rental property shall notify tenants, and the owner or operator of
business property shall notify employees of businesses located on the
property.
   (1) The operator shall provide the customer with a sample
notification form that may be used by the customer in complying with
this subdivision and that shall indicate the nature of the problem
with the water supply and the most appropriate methods for
notification that may include, but is not limited to, the sending of
a letter to each water user and the posting of a notice at each site
where drinking water is dispensed.
   (2) The notice required by this subdivision shall be given within
10 days of receipt of notification from the person operating the
public water system.
   (3) Any person failing to give notice as required by this
subdivision shall be civilly liable in an amount not to exceed one
thousand dollars ($1,000) for each day of failure to give notice.
   (4) If the operator has evidence of noncompliance with this
subdivision the operator shall report this information to the local
health department and the department.
   116455.  (a) When a well, that is used as a source of drinking
water for a public water system, is discovered to include, or is
closed due to the presence of, a contaminant in excess of a maximum
contaminant level or an action level established by the department,
the person operating the public water system shall notify the
governing body of the local agency in which users of the drinking
water reside within 30 days of the discovery or closure.
   (b) The notification required by subdivision (a) shall include the
location of any affected well, its name, its type, the origin, if
known, of the contaminant, the maximum contaminant level or action
level for the contaminant detected and the operational status of the
well immediately prior to its closure.
   (c) For purposes of this section, the following terms have the
following meanings:
   (1) "Action level" means the concentration level of a contaminant
in potable water that the department has determined, based on
available scientific information, provides an adequate margin of
safety to prevent potential risks to human health.
   (2) "Local agency" means a city or county, or a city and county.

   116460.  No person shall operate a public water system without an
emergency notification plan that has been submitted to and approved
by the department.  The emergency notification plan shall provide for
immediate notice to the customers of the public water system of any
significant rise in the bacterial count of water or other failure to
comply with any primary drinking water standard that represents an
imminent danger to the health of the water users.
   No permit, variance, or exemption may be issued or amended under
this chapter until an emergency notification plan has been approved
by the department.
   The department shall adopt regulations to implement the provisions
of this section.  The regulations may provide for the exclusion of
public water systems from the requirements of this section when, in
the judgment of the department, the exclusion will best serve the
public interest.
   116465.  Upon formal complaint by the director alleging that
additional facilities are necessary to provide the users of a public
water system operated by a public utility under the jurisdiction of
the Public Utilities Commission with a continuous and adequate supply
of water or to bring the water system into conformity with secondary
drinking water standards, the commission may, after hearing, direct
the public utility to make the changes in its procedures or additions
to its facilities as the commission shall determine are necessary to
provide a continuous and adequate supply of water to the users
thereof or to bring the system into conformity with secondary
drinking water standards.  Any proceeding of the commission pursuant
to this article shall be conducted as provided in Chapter 9
(commencing with Section 1701) of Part 1 of Division 1 of the Public
Utilities Code, and any order issued by the commission pursuant to
this action shall be subject to judicial review as provided in
Chapter 9.
   116470.  The department shall require every public water system,
as a condition  of operation, to report at least once annually to
water consumers on the level of contaminants in drinking water which
pose a potential risk to human health.  The report shall include, but
not be limited to, information on source, content, and quality of
water purveyed, a comparison between levels of contaminants and
recommended public health goals; and information on compliance with
primary drinking water standards.
   116475.  (a) The Emergency Clean Water Grant Fund is hereby
established in the General Fund and, notwithstanding Section 13340 of
the Government Code, is continuously appropriated to the department,
without regard to fiscal years, to provide financial assistance to
public water systems and to fund emergency actions by the department
to ensure that safe drinking water supplies are available to all
Californians who are served by public water systems.
   (b) The department may expend funds in the Emergency Clean Water
Grant Fund for the purposes specified in subdivision (a), including,
but not limited to, payment for all of the following actions:
   (1) The provision of alternative water supplies and bottled water.

   (2) Improvements of the existing water supply system.
   (3) Hookups with adjacent water systems.
   (4) Design, purchase, installation, and operation and maintenance
of water treatment technologies.
   (c) The department shall develop and revise guidelines for the
allocation and administration of moneys in the Emergency Clean Water
Grant Fund.  These guidelines shall include, but are not limited to,
all of the following:
   (1) A definition of what constitutes an emergency requiring an
alternative or improved water supply.
   (2) Priorities and procedures for allocating funds.
   (3) Repayment provisions, as appropriate.
   (4) Procedures for recovering funds from parties responsible for
the contamination of public water supplies.
   The guidelines are not subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   116480.  (a) The department shall expend moneys available in the
Emergency Clean Water Grant Fund only for the purpose of taking
corrective action necessary to remedy or prevent an emergency or
imminent threat to public health due to the contamination or
potential contamination of the public water supply.
   (b) Notwithstanding any other provision of law, the department may
enter into written contracts for remedial action taken or to be
taken pursuant to subdivision (a), and may enter into oral contracts,
not to exceed five thousand dollars ($5,000) in obligation, when, in
the judgment of the department, immediate remedial action is
necessary to remedy or prevent an emergency specified in subdivision
(a).  The contracts, written or oral, may include provisions for the
rental or purchase of tools and equipment, either with or without
operators, for the furnishing of labor and materials and for
engineering consulting necessary to accomplish the work.
   116485.  Any remedial action taken or contracted for by the
department pursuant to Section 116480 shall be exempt from the
following provisions:
   (a) State Contract Act provided for pursuant to Chapter 1
(commencing with Section 10100) of Part 2 of Division 2 of the Public
Contract Code.
   (b) Chapter 10 (commencing with Section 4525) of Division 5 of
Title 1 of the Government Code.
   (c) Section 14780 of the Government Code and Article 5 (commencing
with Section 10355) of Chapter 2 of Part 2 of Division 2 of the
Public Contract Code.
   (d) Article 4 (commencing with Section 10335) of Chapter 2 of Part
2 of Division 2 of the Public Contract Code.

      Article 6.  Enforcement Responsibility

   116500.  This chapter shall be enforced directly by the department
for all public water systems, including state small water systems,
in any county that does not have a local health officer, or contracts
with the department for environmental health services pursuant to
Section 1157 and elects not to enforce this chapter.

      Article 7.  Requirements and Compliance

   116525.  (a) No person shall operate a public water system unless
he or she first submits an application to the department and receives
a permit as provided in this chapter.  A change in ownership of a
public water system shall require the submission of a new
application.
   (b) The department may require a new application whenever a change
in regulatory jurisdiction has occurred.
   (c) The department may renew, reissue, revise, or amend any
domestic water supply permit whenever the department deems it to be
necessary for the protection of public health whether or not an
application has been filed.
   116530.  A public water system shall submit a technical report to
the department as part of the permit application or when otherwise
required by the department.  This report may include, but not be
limited to, detailed plans and specifications, water quality
                                       information, and physical
descriptions of the existing or proposed system, and financial
assurance information.
   116535.  Upon determination that an application submitted pursuant
to this chapter is complete, the department shall make a thorough
investigation of the proposed or existing plant, works, system, or
water supply, and all other circumstances and conditions that it
deems material, including any required financial assurance
information.
   116540.  Following completion of the investigation and
satisfaction of the requirements of subdivisions (a) and (b), the
department shall issue or deny the permit.  The department may impose
permit conditions, requirements for system improvements, and time
schedules as it deems necessary to assure a reliable and adequate
supply of water at all times that is pure, wholesome, potable, and
does not endanger the health of consumers.
   (a) No public water system that was not in existence on January 1,
1991, shall be granted a permit unless the system demonstrates to
the department that the water supplier possesses adequate financial
capability to assure the delivery of pure, wholesome, and potable
drinking water.  This section shall also apply to any change of
ownership of a public water system that occurs after January 1, 1991.

   (b) No permit under this chapter shall be issued to an association
organized under Title 3 (commencing with Section 20000) of Division
3 of the Corporations Code.  This section shall not apply to
unincorporated associations that as of December 31, 1990, are holders
of a permit issued under this chapter.
   116545.  Prior to the issuance of any new, revised, renewed, or
amended permit, or the denial of a permit, the department may conduct
a public hearing to obtain additional public comment.  Notice of the
hearing shall be provided to the applicant and interested persons at
least 30 days prior to the hearing.  The department may require the
applicant to distribute the notice of the hearing to affected
consumers.
   116550.  (a) No person operating a public water system shall
modify, add to or change his or her source of supply or method of
treatment of, or change his or her distribution system as authorized
by a valid existing permit issued to him or her by the department
unless the person first submits an application to the department and
receives an amended permit as provided in this chapter authorizing
the modification, addition, or change in his or her source of supply
or method of treatment.
   (b) Unless otherwise directed by the department, changes in
distribution systems may be made without the submission of a permit
application if the changes comply in all particulars with the
waterworks standards.
   116555.  Any person who operates a public water system shall do
all of the following:
   (a) Comply with primary and secondary drinking water standards.
   (b) Ensure that the system will not be subject to backflow under
normal operating conditions.
   (c) Provide a reliable and adequate supply of pure, wholesome,
healthful, and potable water.
   116560.  (a) The department shall develop and publish a list of
all existing or proposed maximum contaminant levels that are set at a
level substantially less stringent, as determined by the department,
than their corresponding recommended public health goals due to
limitations of technology or excessive costs.
   (b) Public water systems that serve more than 10,000 service
connections and that exceed, for organic contaminants on a running
quarterly average basis, or for inorganic contaminants on a basis
established by the department, a recommended public health goal
listed by the department pursuant to subdivision (a), shall do the
following:
   (1) The water system shall evaluate in writing all reasonable
means of reducing the level of the contaminant to as close to the
recommended public health goal as feasible, and submit the written
evaluation to the department at least once annually.
   (2) After the written evaluation has been submitted and upon being
notified by the department of the need to do so, the water system
shall submit a water quality improvement plan to the department,
based upon the evaluation.  The water quality improvement plan shall
identify all reasonable measures available to the water system to
reduce the level of the contaminant, the costs to consumers and the
water system of implementing the measures, and a proposed schedule of
actions to be undertaken by the water system to reduce the level of
the contaminant.  If the water system determines that it is unable to
reduce the level of the contaminant due to technical or economic
limitations, the basis for that determination shall be described in
the plan.
   (c) The department shall review the water quality improvement plan
and may approve it as submitted or may require additional
information from the water system.  Upon approval of the plan, the
department shall amend or revise the domestic water supply permit
issued to the water system pursuant to this chapter to include a time
schedule for implementation of those measures which are technically
and economically feasible.
   116565.  (a) Commencing January 1, 1993, until June 30, 1993, each
public water system serving 200 or more service connections and any
public water system that treats water on behalf of one or more public
water systems for the purpose of rendering it safe for human
consumption, shall reimburse the department pursuant to this section
for actual costs incurred by the department for conducting those
activities mandated by this chapter relating to the issuance of
domestic water supply permits, inspections, monitoring, surveillance,
and water quality evaluation that relate to that specific public
water system.  The amount of reimbursement shall be sufficient to
pay, but in no event shall exceed, the department's actual cost in
conducting these activities.
   (b) Commencing July 1, 1993, each public water system serving
1,000 or more service connections and any public water system that
treats water on behalf of one or more public water systems for the
purpose of rendering it safe for human consumption, shall reimburse
the department for actual cost incurred by the department for
conducting those activities mandated by this chapter relating to the
issuance of domestic water supply permits, inspections, monitoring,
surveillance, and water quality evaluation that relate to that
specific public water system.  The amount of reimbursement shall be
sufficient to pay, but in no event shall exceed, the department's
actual cost in conducting these activities.
   (c) Commencing July 1, 1993, each public water system serving less
than 1,000 service connections shall pay an annual drinking water
operating fee to the department as set forth in this subdivision for
costs incurred by the department for conducting those activities
mandated by this chapter relating to inspections, monitoring,
surveillance, and water quality evaluation relating to public water
systems.  The total amount of fees shall be sufficient to pay, but in
no event shall exceed, the department's actual cost in conducting
these activities.  Notwithstanding adjustment of actual fees
collected pursuant to Section 100425 as authorized pursuant to
subdivision (d) of Section 116590, the maximum amount that shall be
paid annually by a public water system pursuant to this section shall
not exceed the following:


Type of public
water system                                             Fee
  15- 24 service connections                               $250
  25- 99 service connections                               $400
100-499 service connections                               $500
500-999 service connections                               $700
Noncommunity water systems pursuant to
  paragraph (1) of subdivision (h) of
  Section 116275                                           $350

   (d) For purposes of determining the fees provided for in
subdivisions (a) and (b), the department shall maintain a record of
its actual costs for pursuing the activities specified in
subdivisions (a) and (b) relative to each system required to pay the
fees.  The fee charged each system shall reflect the department's
actual cost, or in the case of a local primacy agency the local
primacy agency's actual cost, of conducting the specified activities.

   (e) The department shall submit an invoice for cost reimbursement
for the activities specified in subdivisions (a) and (b) to the
public water system prior to September 1 of the fiscal year following
the fiscal year in which the costs were incurred.  The invoice shall
indicate the total hours expended, the reasons for the expenditure,
and the hourly cost rate of the department.  Payment of the invoice
shall be made within 120 days of the date of the invoice.  Failure to
pay the amount of the invoice within 120 days shall result in a 10
percent late penalty that shall be paid in addition to the fee.
   (f) Any public water system under the jurisdiction of a local
primacy agency shall pay the fees specified in this section to the
local primacy agency in lieu of the department.  This section shall
not preclude a local health officer from imposing additional fees
pursuant to Section 101325.
   116570.  (a) Each public water system serving less than 1,000
service connections applying for a domestic water supply permit
pursuant to Section 116525 or 116550 shall pay a permit application
processing fee to the department.  Payment of the fee shall accompany
the application for the permit or permit amendment.
   (b) The amount of the permit application fee required under
subdivision (a) shall be as follows:
   (1) A new community water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of five hundred dollars ($500).
   (2) A new noncommunity water system for which no domestic water
supply permits have been previously issued by the department shall
pay an application fee of three hundred dollars ($300).
   (3) An existing public water system applying for an amendment to a
domestic water supply permit due to a change in ownership shall pay
an application fee of one hundred fifty dollars ($150).
   (4) An existing public water system applying for an amendment to a
domestic water supply permit due to an addition or modification of
the source of supply, or an addition or change in the method of
treatment of the water supply shall pay an application fee of two
hundred fifty dollars ($250).
   (c) Any public water system under the jurisdiction of a local
primacy agency shall pay the permit application fees specified in
this section to the local primacy agency in lieu of the department.

   116577.  (a) Each public water system shall reimburse the
department for actual costs incurred by the department for any of the
following enforcement activities related to that water system:
   (1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
   (2) Preparing and issuing public notification.
   (3) Conducting a hearing pursuant to Section 116625.
   (b) The department shall submit an invoice for these enforcement
costs to the public water system that requires payment prior to
September 1 of the fiscal year following the fiscal year in which the
costs were incurred.  The invoice shall indicate the total hours
expended, the reasons for the expenditure, and the hourly cost rate
of the department.  The costs set forth in the invoice shall not
exceed the total actual costs to the department of enforcement
activities specified in this section.
   (c) Notwithstanding the reimbursement of enforcement costs of the
local primacy agency pursuant to subdivision (a) of Section 116595 by
public water systems under the jurisdiction of the local primacy
agency, public water systems shall also reimburse enforcement costs,
if any, incurred by the department pursuant to this section.
   (d) "Enforcement costs" as used in this section does not include
"litigation costs" pursuant to Section 116585.
   (e) The department shall not be entitled to enforcement costs
pursuant to this section if either a court or the department
determines that enforcement activities were in error.
   (f) The maximum reimbursement, pursuant to this section, by a
public water system serving less than 1,000 service connections
during any fiscal year shall not exceed one thousand dollars ($1,000)
or twice the maximum for that public water system as set forth in
subdivision (c) of Section 116565, whichever is greater.
   116580.  (a) Each public water system that requests an exemption,
plan review, variance, or waiver of any applicable requirement of
this chapter or any regulation adopted pursuant to this chapter,
shall reimburse the department for actual costs incurred by the
department in processing the request.
   (b) The department shall submit an invoice to the water system
within 90 days of the department's final decision with respect to the
request for an exemption, variance, or waiver.  The invoice shall
indicate the number of hours expended by the department and the
department's hourly cost rate.  Payment of the fee shall be made
within 120 days of the date of the invoice.  The department may
revoke any approval of a request for an exemption, variance, or
waiver for failure to pay the required fees.
   (c) Notwithstanding subdivisions (a) and (b), requests for, and
reimbursement of actual costs for, an exemption, variance, or waiver
for public water systems under the jurisdiction of the local primacy
agency shall, instead, be submitted to the local primacy agency
pursuant to subdivision (c) of Section 116595.
   116585.  In any court action brought to enforce this chapter, the
prevailing party or parties shall be awarded litigation costs,
including, but not limited to, salaries, benefits, travel expenses,
operating equipment, administrative, overhead, other litigation
costs, and attorney's fees, as determined by the court.  Litigation
costs awarded to the department by the court shall be deposited into
the Safe Drinking Water Account.  Litigation costs awarded to a local
primacy agency by the court shall be used by that local primacy
agency to offset the local primacy agency's litigation costs.
   116590.  (a) All funds received by the department pursuant to this
chapter, including, but not limited to, all civil penalties
collected by the department pursuant to Article 9 (commencing with
Section 116650) and Article 11 (commencing with Section 116725),
shall be deposited into the Safe Drinking Water Account that is
hereby established.  Funds in the Safe Drinking Water Account may not
be expended for any purpose other than as set forth in this chapter.
  Notwithstanding Section 13340 of the Government Code, funds
collected by the department pursuant to Sections 116565 to 116600,
inclusive, and deposited into the Safe Drinking Water Account are
continuously appropriated without regard to fiscal year to pay the
expenses of the department to administer this chapter.
   (b) The department's hourly cost rate used to determine the
reimbursement for actual costs pursuant to Sections 116565, 116577,
and 116580 shall be based upon the department's salaries, benefits,
travel expense, operating, equipment, administrative support, and
overhead costs.
   (c) Notwithstanding Section 6103 of the Government Code, each
public water system operating under a permit issued pursuant to this
chapter shall pay the fees set forth in this chapter.  A public water
system shall be permitted to collect a fee from its customers to
recover the fees paid pursuant to this chapter.
   (d) The fees collected pursuant to subdivision (c) of Section
116565 and subdivision (b) of Section 116570 shall be adjusted
annually pursuant to Section 100425, and the adjusted fee amounts
shall be rounded off to the nearest whole dollar.
   (e) Fees assessed pursuant to this chapter shall not exceed actual
costs to either the department or the local primacy agency, as the
case may be, related to the public water systems assessed the fees.
   (f) In no event shall the total amount of funds collected pursuant
to subdivisions (a) and (b) of Section 116565, and subdivision (a)
of Section 116577 from public water systems serving 1,000 or more
service connections exceed the following:
   (1) For the 1992-93 fiscal year, four million nine hundred
thousand dollars ($4,900,000).
   (2) For the 1993-94 fiscal year, four million seven hundred fifty
thousand dollars ($4,750,000).
   (3) For the 1994-95 fiscal year, five million dollars
($5,000,000).
   (4) For the 1995-96 fiscal year, five million two hundred fifty
thousand dollars ($5,250,000).
   (g) The department shall develop a time accounting standard
designed to do all of the following:
   (1) Provide accurate time accounting.
   (2) Provide accurate invoicing based upon hourly rates comparable
to private sector professional classifications and comparable rates
charged by other states for comparable services.  These rates shall
be applied against the time spent by the actual individuals who
perform the work.
   (3) Establish work standards that address work tasks, timing,
completeness, limits on redirection of effort, and limits on the time
spent in the aggregate for each activity.
   (4) Establish overhead charge-back limitations, including, but not
limited to, charge-back limitations on charges relating to
reimbursement of services provided to the department by other
departments and agencies of the state, that reasonably relate to the
performance of the function.
   (5) Provide appropriate invoice controls.
   116595.  (a) Any public water system under the jurisdiction of a
local primacy agency shall reimburse the local primacy agency for any
enforcement cost incurred by the local primacy agency related to any
of the following relating to that water system:
   (1) Preparing, issuing, and monitoring compliance with, an order
or a citation.
   (2) Preparing and issuing public notification.
   (3) Conducting a hearing pursuant to Section 116625.
   The local primacy agency shall submit an invoice to the public
water system that requires payment, prior to September 1 of the
fiscal year following the fiscal year in which the costs were
incurred.  The invoice shall indicate the total hours expended, the
reasons for the expenditure, and the hourly cost rate of the local
primacy agency.  The invoice shall not exceed the total costs to the
local primacy agency of enforcement activities specified in this
subdivision.  Notwithstanding the reimbursement to the department of
enforcement costs, if any, pursuant to Section 116577, any public
water system under the jurisdiction of the local primacy agency shall
also reimburse the local primacy agency for enforcement costs
incurred by the local primacy agency pursuant to this section.  The
local primacy agency shall not be entitled to enforcement costs
pursuant to this subdivision if either a court or the local primacy
agency determines that enforcement activities were in error.
"Enforcement costs" as used in this subdivision does not include
"litigation costs" as used in subdivision (d).  The maximum
reimbursement, pursuant to this subdivision, by a public water system
serving less than 1,000 service connections during any fiscal year
shall not exceed twice the maximum for that public water system as
set forth in subdivision (c) of Section 116565.
   (b) The local primacy agency may adopt a fee schedule for the
processing of applications for a domestic water supply permit,
submitted pursuant to subdivision (c) of Section 116570 by a public
water system under the jurisdiction of the local primacy agency, in
lieu of the fee schedule set forth in subdivision (b) of Section
116570, to recover its cost of processing the permit applications as
specified in the primacy agreement.  The fee shall not exceed the
total costs to the local primacy agency of processing the permit
application.
   (c) Any public water system under the jurisdiction of a local
primacy agency that requests an exemption, variance, or waiver of any
applicable requirement of this chapter, or any regulation of the
department adopted pursuant to this chapter, shall submit the request
to the local primacy agency and shall reimburse the local primacy
agency for any costs incurred by the local primacy agency in
processing the request.
   116600.  Except as otherwise specified, Sections 116565 to 116600,
inclusive, shall become operative July 1, 1993.  Sections 116565 to
116600, inclusive, shall remain in effect until January 1, 1997, and
as of that date are repealed unless a later enacted statute that is
enacted before January 1, 1997, deletes or extends that date.

      Article 8.  Violations

   116625.  (a) The department, after a hearing noticed and conducted
as provided in Section 11500 of the Government Code, may suspend or
revoke any permit issued  pursuant to this chapter if the department
determines pursuant to the hearing that the permittee is not
complying with the permit, this chapter, or any regulation, standard,
or order issued or adopted thereunder, or that the permittee has
made a false statement or representation on any application, record,
or report maintained or submitted for purposes of compliance with
this chapter.
   (b) The permittee may file with the superior court a petition for
a writ of mandate for review of any decision of the department made
pursuant to subdivision  (a).  Failure to file a petition shall not
preclude a party from challenging the reasonableness or validity of a
decision of the department in any judicial proceeding to enforce the
decision or from pursuing any remedy authorized by this chapter.
   (c) The department may temporarily suspend any permit issued
pursuant to this chapter prior to any hearing when the action is
necessary to prevent an imminent or substantial danger to health.
The director shall notify the permittee of the temporary suspension
and the effective date thereof and, at the same time, notify the
permittee that a hearing has been scheduled.  The hearing shall be
held as soon as possible, but not later than 15 days after the
effective date of the temporary suspension.  The temporary suspension
shall remain in effect until the hearing is completed and the
director has made a final determination on the merits, that in any
event shall be made within 15 days after the completion of the
hearing.  If the determination is not transmitted within 15 days
after the hearing is completed, the temporary suspension shall be of
no further effect.

      Article 9.  Remedies

   116650.  (a) If the department determines that a public water
system is in violation of this chapter or any regulation, permit,
standard, or order issued or adopted thereunder, the department may
issue a citation to the public water system.  The citation shall be
served upon the public water system personally or by registered mail.

   (b) Each citation shall be in writing and shall describe with
particularity the nature of the violation, including a reference to
the statutory provision, standard, order, or regulation alleged to
have been violated.
   (c) For continuing violations, the citation shall fix the earliest
feasible time for elimination or correction of the condition
constituting the violation where appropriate.  If the public water
system fails to correct a violation within the time specified in the
citation, the department may assess a civil penalty as specified in
subdivision (e).
   (d) For a noncontinuing violation of primary drinking standards,
other than turbidity, the department may assess in the citation a
civil penalty as specified in subdivision (e).
   (e) Citations issued pursuant to this section shall be classified
according to the nature of the violation or the failure to comply.
The department shall specify the classification in the citation and
may assess civil penalties for each classification as follows:
   (1) For violation of a primary drinking standard, other than
turbidity, an amount not to exceed one thousand dollars ($1,000) for
each day that the violation occurred for noncontinuing violations or
for each day that the violation continues beyond the date specified
for correction in the citation.
   (2) For failure to comply with any citation or order issued for
failure of the primary drinking water standard for turbidity or for
violation of a secondary drinking water standard that the director
determines may have a direct or immediate relationship to the welfare
of the users, an amount not to exceed two hundred fifty dollars
($250) for each day that the violation continues beyond the date
specified for correction in the citation.
   (3) For failure to comply with any citation or order issued for
noncompliance with any department regulation or order, other than a
primary or secondary drinking water standard, an amount not to exceed
two hundred dollars ($200) per day for each day the violation
continues beyond the date specified for correction in the citation.

   116655.  (a) Whenever the department determines that any person
has violated or is violating this chapter, or any permit, regulation,
or standard issued or adopted pursuant to this chapter, the director
may issue an order doing any of the following:
   (1) Directing compliance forthwith.
   (2) Directing compliance in accordance with a time schedule set by
the department.
   (3) Directing that appropriate preventive action be taken in the
case of a threatened violation.
   (b) An order issued pursuant to this section may include, but
shall not be limited to, any or all of the following requirements:
   (1) That the existing plant, works, or system be repaired,
altered, or added to.
   (2) That purification or treatment works be installed.
   (3) That the source of the water supply be changed.
   (4) That no additional service connection be made to the system.
   (5) That the water supply, the plant, or the system be monitored.

   (6) That a report on the condition and operation of the plant,
works, system, or water supply be submitted to the department.
   116660.  (a) Any person who operates a public water system without
having an unrevoked permit to do so, may be enjoined from so doing
by any court of competent jurisdiction at the suit of the department.

   (b) When the department determines that any person  has engaged in
or is engaged in any act or practice that constitutes a violation of
this chapter, or any regulation, permit, standard, or order issued
or adopted thereunder, the department may bring an action in the
superior court for an order enjoining the practices or for an order
directing                                             compliance.
   (c) Upon a showing by the department of any violation set forth in
subsection (b); the superior court shall enjoin the practices and
may do any of the following:
   (1) Enforce a reasonable plan of compliance, including the
appointment of a competent person, to be approved by the department,
and paid by the operator of the public water system, who shall take
charge of and operate the system so as to secure compliance.
   (2) Enjoin further service connections to the public water system.

   (3) Afford any further relief that may be required to insure
compliance with this chapter.
   116665.  Whenever the department determines that any public water
system is unable or unwilling to adequately serve its users, has been
actually or effectively  abandoned by its owners, or is unresponsive
to the rules or orders of the department, the department may
petition the superior court for the county within which the system
has its principal office or place of business for the appointment of
a receiver to assume possession of its property and to operate its
system upon such terms and conditions as the court shall prescribe.
The court may require, as a condition to the appointment of the
receiver, that a sufficient bond be given by the receiver and be
conditioned upon compliance with the orders of the court and the
department, and the protection of all property rights involved.  The
court may provide, as a condition of its order, that the receiver
appointed pursuant to the order shall not be held personally liable
for any good faith, reasonable effort to assume possession of, and to
operate, the system in compliance with the order.
   116670.  Anything done, maintained, or suffered as a result of
failure to comply with any primary drinking water standard is a
public nuisance dangerous to health, and may be enjoined or summarily
abated in the manner provided by law.  Every public officer or body
lawfully empowered to do so shall abate the nuisance immediately.
   116675.  Notwithstanding Sections 116340 and 116500, the
department shall, after adequate notification of the local health
officer, take action authorized by this chapter against a public
water system under the jurisdiction of the local health officer if
any of the following occur:
   (a) The public water system has been in violation of any provision
of this chapter or the regulations adopted hereunder, including any
violation of compliance with drinking water standards or waterworks
standards, for a period of at least 90 days within the previous year.

   (b) A contaminant is present in, or likely to enter, a public
water system and presents an imminent and substantial danger to the
health of the users of the system.

      Article 10.  Judicial Review

   116700.  (a) Within 30 days after service of a copy of an order
issued by the department, any aggrieved party may file with the
superior court a petition for a writ of mandate for review thereof.
Failure to file an action shall not preclude a party from challenging
the reasonableness and validity of a decision or order of the
department in any judicial proceedings brought to enforce the
decision or order or for any civil or criminal remedy authorized by
this chapter.
   (b) The evidence before the court shall consist of all relevant
evidence that, in the judgment of the court, should be considered to
effectuate and implement the provisions of this chapter.  In every
case, the court shall exercise its independent judgment on the
evidence.
   (c) Except as otherwise provided in this section, subdivisions (e)
and (f) of Section 1094.5 of the Code of Civil Procedure shall
govern proceedings pursuant to this section.

      Article 11.  Crimes and Penalties

   116725.  (a) Any person who knowingly makes any false statement or
representation in any application, record, report, or other document
submitted, maintained, or used for purposes of compliance with this
chapter, may be liable, as determined by the court, for a civil
penalty not to exceed five thousand dollars ($5,000) for each
separate violation or, for continuing violations, for each day that
violation continues.
   (b) Any person who violates a citation schedule of compliance for
a primary drinking water standard, other than turbidity, or any order
regarding a primary drinking water standard other than turbidity, or
the requirement that a reliable and adequate supply of pure,
wholesome, healthful, and potable water be provided may be liable, as
determined by the court, for a civil penalty not to exceed
twenty-five thousand dollars ($25,000) for each separate violation
or, for continuing violations, for each day that violation continues.

   (c) Any person who violates any order, other than one specified in
subdivision (b), issued pursuant to this chapter may be liable, as
determined by the court, for a civil penalty not to exceed five
thousand dollars ($5,000) for each separate violation or, for
continuing violations, for each day that violation continues.
   (d) Any person who operates a public water system without a permit
issued by the department pursuant to this chapter may be liable, as
determined by the court, for a civil penalty not to exceed
twenty-five thousand dollars ($25,000) for each separate violation
or, for continuing violations, for each day that violation continues.

   (e) Each civil penalty imposed for any separate violation pursuant
to this section shall be separate and in addition to any other civil
penalty imposed pursuant to this section or any other provision of
law.
   116730.  (a) Any person who knowingly does any of the following
acts may, upon conviction, be punished by a fine of not more than
twenty-five thousand dollars ($25,000) for each day of violation, or
by imprisonment in the county jail not to exceed one year, or by both
the fine and imprisonment:
   (1) Makes any false statement or representation in any
application, record, report, or other document submitted, maintained,
or used for the purposes of compliance with this chapter.
   (2) Has in his or her possession any record required to be
maintained pursuant to this chapter that has been altered or
concealed.
   (3) Destroys, alters, or conceals any record required to be
maintained pursuant to this chapter.
   (4) Withholds information regarding an imminent and substantial
danger to the public health or safety when the information has been
requested by the department in writing and is required to carry out
the department's responsibilities pursuant to this chapter in
response to an imminent and substantial danger.
   (5) Violates an order issued by the department pursuant to this
chapter that has a substantial probability of presenting an imminent
danger to the health of persons.
   (6) Operates a public water system without a permit issued by the
department pursuant to this chapter.
   (b) If the conviction under subdivision (a) is for a violation
committed after a first conviction of the person under this section,
the person may be punished by imprisonment in the state prison for up
to 24 months, or in the county jail for not to exceed one year, or
by a fine of not less than two thousand dollars ($2,000) or more than
fifty thousand dollars ($50,000) per day of violation, or by both
the fine and imprisonment.
   116735.  (a) In order to carry out the purposes of this chapter,
any duly authorized representative of the department may, at any
reasonable hour of the day, do any of the following:
   (1) Enter and inspect any public water system or any place where
the public water system records are stored, kept, or maintained.
   (2) Inspect and copy any records, reports, test results, or other
information required to carry out this chapter.
   (3) Set up and maintain monitoring equipment for purposes of
assessing compliance with this chapter.
   (4) Obtain samples of the water supply.
   (5) Photograph any portion of the system, any activity, or any
sample taken.
   (b) The department shall inspect each public water system at least
annually, and shall provide an opportunity for a representative of
the public water system  to accompany the representative of the
department during the inspection of the water system.
   (c) It shall be a misdemeanor for any person to prevent, interfere
with, or attempt to impede in any way any duly authorized
representative of the department from undertaking the activities
authorized by subdivision (a).
   116740.  If any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order, the
Attorney General or the district attorney shall recover the amount
for which the person is liable in the superior court.  In this
action, the validity and appropriateness of the final order imposing
the civil penalty shall not be subject to review.
   116745.  The remedies provided by this chapter are cumulative and
shall not be construed as restricting any remedy, provisional or
otherwise, provided by law for the benefit of any party, and no
judgment under this chapter shall preclude any party from obtaining
additional relief based upon the same facts.
   116750.  (a) Any person who tampers with a public water system is
guilty of a felony and shall be punished by imprisonment in the state
prison for three, four, or five years, subject to a fine not to
exceed thirty thousand dollars ($30,000), or both.
   (b) Any person who tampers with or makes a threat to tamper with a
public water system is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, two, or three years,
subject to a fine not to exceed twenty thousand dollars ($20,000), or
both.
   (c) For purposes of this section, the term "tamper" means either
of the following:
   (1) To introduce a contaminant into a public water system with the
intention of harming persons.
   (2) To otherwise interfere with the operation of a public water
system with the intention of harming persons.

      CHAPTER 5.  WATER EQUIPMENT AND CONTROL
      Article 1.  Water Softeners

   116775.  The Legislature hereby finds and declares that the
utilization of the waters of the state by residential consumers for
general domestic purposes, including drinking, cleaning, washing, and
personal grooming and sanitation of the people is a right that
should be interfered with only when necessary for specified health
and safety purposes.  The Legislature further finds that variation in
water quality, and particularly in water hardness, throughout the
state requires that on-site water softening or conditioning be
available throughout the state to insure to domestic consumers their
right to a water supply that is effective and functional for domestic
requirements of the residential household, but that the on-site
water softening or conditioning shall be available only as
hereinafter set forth.
   116780.  (a) Unless the context otherwise requires the definitions
in this section govern the construction of this article.
   (b) "Clock control" means the system controlling the periodic
automatic regeneration of a residential water softening or
conditioning appliance that is based upon a predetermined and preset
time schedule.
   (c) "Demand control" means the system controlling the periodic
automatic regeneration of a residential water softening or
conditioning appliance that is based either upon a sensor that
detects imminent exhaustion of the active softening or conditioning
material or upon the measurement of the volume of water passing
through the appliance.  A demand control system activates
regeneration based upon the state of the equipment and its ability to
continue the softening process.
   (d) "Fully manual regeneration" means the method of regeneration
of a residential water softening or conditioning appliance in which
operations are performed manually and in which dry salt is added
directly to the ion-exchanger tank after sufficient water is removed
to make room for the salt.
   (e) "Hardness" means the total of all dissolved calcium,
magnesium, iron and other heavy metal salts, that interact with soaps
and detergents in a manner that the efficiency of soaps and
detergents for cleansing purposes is impaired.  Hardness is expressed
in grains per gallon or milligrams per liter as if all such salts
were present as calcium carbonate.
   (f) "Manually-initiated control" means the system controlling the
periodic regeneration of a residential water softening or
conditioning appliance in which all operations, including bypass of
hard water and return to service, are performed automatically after
manual initiation.
   (g) "Regeneration" means the phase of operation of a water
softening or conditioning appliance whereby the capability of the
appliance to remove hardness from water is renewed by the application
of a brine solution of sodium chloride salt to the active softening
or conditioning material contained therein followed by a subsequent
rinsing of the active softening or conditioning material.
   (h) "Salt efficiency rating" means the efficiency of the use of
sodium chloride salt in the regeneration of a water softening
appliance, expressed in terms of hardness removal capacity of the
appliance per pound of salt used in the regeneration process.  The
units of salt efficiency rating are grains of hardness removed per
pound of salt used.  One grain of hardness per gallon is
approximately equivalent to 17.1 milligrams of hardness per liter.
   116785.  No residential water softening or conditioning appliance
shall be installed except in either of the following circumstances:
   (a) The regeneration of the appliance is performed at a
nonresidential facility separate from the location of the residence
where the appliance is used.
   (b) The regeneration of the appliance discharges to the waste
disposal system of the residence where the appliance is used and both
of the following conditions are satisfied:
   (1) The appliance is certified to control the quantity of salt
used per regeneration by a pre-set device and the settings of the
device are limited so that a salt efficiency rating of no less than
2850 grains of hardness removed per pound of salt used in
regeneration is achieved with a clock control, manually-initiated
control, or demand control.
   (2) The installation of the appliance is accompanied by the
simultaneous installation of the following softened or conditioned
water conservation devices on all fixtures using softened or
conditioned water, unless the devices are already in place or are
prohibited by local and state plumbing and building standards or
unless the devices will adversely restrict the normal operation of
the fixtures:
   (A) Faucet flow restrictors.
   (B) Shower head restrictors.
   (C) Toilet reservoir dams.
   (D) A piping system installed so that untreated (unsoftened or
unconditioned) supply water is carried to hose bibs and sill cocks
that serve water to the outside of the house, except that bypass
valves may be installed on homes with slab foundations constructed
prior to the date of installation; or condominiums constructed prior
to the date of installation; or otherwise where a piping system is
physically inhibited.
   116790.  Any water softening appliance in place at a residential
dwelling prior to January 1, 1980, in those areas being served by
sewage treatment facilities that have been limited with regard to
salt loading pursuant to Division 7 (commencing with Section 13000)
of the Water Code and for which the appropriate regional water
quality control board makes a finding, after adoption of waste
discharge requirements and subject to a public hearing, that the
control of residential salinity input is necessary to provide
compliance with those limitations, may be continued in operation for
a period no longer than four years after the regional water quality
control board has made its findings.  After the four-year period has
elapsed, any water softening appliance at that site shall be set at a
salt efficiency rating of no less than 2850 grains of hardness
removed per pound of salt used in regeneration when regeneration is
initiated with clock controls or manually-initiated controls, or
shall have regenerations initiated with demand devices.  Also, after
the four-year period has elapsed, those water-saving devices in
shower heads, on faucets, and in toilet reservoirs, as recited in
paragraph (2) of subdivision (b) of Section 116785, shall be
installed unless already in place or prohibited by local and state
plumbing and building standards.  The salt efficiency rating of the
water softening or conditioning appliance and the installation of
water-saving devices shall be certified in accordance with Section
116795.
   116795.  The certification required by this article shall be
provided by the new user of the appliance and shall be completed by a
contractor having a valid Class C-55 water conditioning contractor's
license or Class C-36 plumbing contractor's license and filed with
the local agency responsible for issuing plumbing permits.
   The certification form shall contain all of the following
information:
   (a) Name and address of homeowner.
   (b) Manufacturer of the water softening or conditioning appliance,
model number of the appliance, pounds of salt used per regeneration,
and salt efficiency rating at the time of certification.
   (c) Manufacturer of the water-saving devices installed, model
number, and number installed.
   (d) Name, address, and the specialty contractor's license number
of the C-55 and C-36 licensee making the certification.

      Article 2.  Cross-Connection Control by Water Users

   116800.  Local health officers may maintain programs for the
control of cross-connections by water users, within the users'
premises, where public exposure to drinking water contaminated by
backflow may occur.  The programs may include inspections within
water users premises for the purpose of identifying cross-connection
hazards and determining appropriate backflow protection.  Water users
shall comply with all orders, instructions, regulations, and notices
from the local health officer with respect to the installation,
testing, and maintenance of backflow prevention devices.  The local
health officer may collect fees from those water users subject to
inspection to offset the costs of implementing cross-connection
control programs.
   116805.  (a) Local health officers may maintain programs, in
cooperation with water suppliers, to protect against backflow through
service connections into the public water supply, and, with the
consent of the water supplier, may collect fees from the water
supplier to offset the costs of implementing these programs.
   (b) The fees authorized under this section and under Section
116800 shall be limited to the costs of administering these programs.
  At the discretion of the water supplier, the fees collected from
the water supplier by the local health officer may be passed through
to water users.
   (c) Programs authorized under this section and Section 116800
shall be conducted in accordance with backflow protection regulations
adopted by the department.
   (d) Nothing in this article shall prevent a water supplier from
directly charging those water users required to install backflow
prevention devices for the costs of the programs authorized in this
section and Section 116800.
   116810.  To assure that testing and maintenance of backflow
prevention devices are performed by persons qualified to do testing
and maintenance, local health officers may maintain programs for
certification of backflow prevention device testers.  The local
health officer may suspend, revoke, or refuse to renew the
certificate of a tester, if, after a hearing before the local health
officer or his or her designee, the local health officer or his or
her designee finds that the tester has practiced fraud or deception
or has displayed gross negligence or misconduct in the performance of
his or her duties as a certified backflow prevention device tester.
The local health officer may collect fees from certified testers to
offset the cost of the certification program provided pursuant to
this section.  The certification standards shall be consistent with
the backflow protection regulations adopted by the department.
   116815.  (a) All pipes installed above or below the ground, on and
after June 1, 1993, that are designed to carry reclaimed water,
shall be colored purple or distinctively wrapped with purple tape.
   (b) Subdivision (a) shall apply only in areas served by a water
supplier delivering water for municipal and industrial purposes, and
in no event shall apply to any of the following:
   (1) Municipal or industrial facilities that have established a
labeling or marking system for reclaimed water on their premises, as
otherwise required by a local agency, that clearly distinguishes
reclaimed water from potable water.
   (2) Water delivered for agricultural use.
   (c) For purposes of this section, "reclaimed water" has the same
meaning as defined in subdivision (n) of Section 13050 of the Water
Code.
   116820.  Any person who violates any provision of this article,
violates any order of the local health officer pursuant to this
article, or knowingly files a false statement or report required by
the local health officer pursuant to this article is guilty of a
misdemeanor punishable by a fine not exceeding five hundred dollars
($500) or by imprisonment not exceeding 30 days in the county jail or
by both such fine and imprisonment.  Each day of a violation of any
provision of this article or of any order of the local health officer
beyond the time stated for compliance of the order shall be a
separate offense.

      Article 3.  Water Treatment Devices

   116825.  Unless the context otherwise requires, the following
definitions shall govern construction of this article:
   (a) "Water treatment device" means any point of use or point of
entry instrument or contrivance sold or offered for rental or lease
for residential use, and designed to be added to the plumbing system,
or used without being connected to the plumbing of a water supply
intended for human consumption in order to improve the water supply
by any means, including, but not limited to, filtration,
distillation, adsorption, ion exchange, reverse osmosis, or other
treatment.  "Water treatment device" does not include any device that
is regulated pursuant to Article 12 (commencing with Section 111070)
of Chapter 5 of Part 5.
   (b) "Department" means the Department of Health Services.
   (c) "Person" means any individual, firm, corporation, or
association, or any employee or agent thereof.
   (d) "Contaminants" means any health-related physical, chemical,
biological, or radiological substance or matter in water.
   116830.  (a) The department shall adopt regulations setting forth
the criteria and procedures for certification of water treatment
devices that are claimed to affect the health or safety of drinking
water.  The regulations shall include appropriate testing protocols
and procedures to determine the performance of water treatment
devices in reducing specific contaminants from public or private
domestic water supplies.  The regulations may adopt, by reference,
the testing procedures and standards of one or more independent
testing organizations if the department determines that the
procedures and standards are adequate to meet the requirements of
this section.  The regulations may specify any testing organization
that the department has designated to conduct the testing of water
treatment devices.
   (b) The regulations required by subdivision (a) shall include
minimum standards for the following:
   (1) Performance requirements.
   (2) Types of tests to be performed.
   (3) Types of allowable materials.
   (4) Design and construction.
   (5) Instruction and information requirements, including
operational, maintenance, replacement, and estimated cost of these
items.
   (6) Any additional requirements, not inconsistent with this
article, as may be necessary to carry out this article.
   (c) The department or any testing organization designated by the
department pursuant to this section may agree to evaluate test data
on a water treatment device offered by the manufacturer of the water
treatment device, in lieu of the requirements of this section, if the
department or the testing organization determines that the testing
procedures and standards used to develop the data are adequate to
meet the requirements of this section.
   116835.  (a) No water treatment device that makes product
performance claims or product benefit claims that the device affects
health or the safety of drinking water, shall be sold or otherwise
distributed that has not been certified by the department or by
another entity in accordance with subdivision (b).  Water treatment
devices not offered for sale or distribution based on claims of
improvement in the healthfulness of drinking water need not be
certified pursuant to this section.
   (b) The department may accept a water treatment device
certification issued by an agency of another state, by an independent
testing organization, or by the federal government in lieu of its
own, if the department determines that certification program meets
the requirements of this article.
   (c) A water treatment device initially installed prior to the
operative date of this section shall not require certification
pursuant to Section 116830.
   (d) Subdivisions (a), (b), and (c) shall become operative one year
after the effective date of the regulations adopted pursuant to
Section 116830.  Regulations adopted pursuant to that section shall
be transmitted to the Legislature upon adoption.
   116840.  (a) The department, or any local health officer with the
concurrence of the department, shall enforce this article.
   (b) The department may suspend, revoke, or deny a certificate upon
its determination of either of the following:
   (1) That the water treatment device does not perform in accordance
with the claims made under the standard.
   (2) That the manufacturer, or any employee or agent thereof, has
violated this article, any regulation adopted pursuant to this
article, or Chapter 1 (commencing with Section 17500) of Part 3 of
Division 7 of the Business and Professions Code.
   (c) Any person, corporation, firm, partnership, joint stock
company, or any other association or organization that violates any
provision of this article shall be liable for a civil penalty not to
exceed five thousand dollars ($5,000) for each violation.  Where the
conduct constituting a violation is of a continuing nature, each day
of the conduct is a separate and distinct violation.
                          The civil penalty shall be assessed and
recovered in a civil action brought in the name of the people of the
State of California by the Attorney General, or by any district
attorney, county counsel, or city attorney in any court of competent
jurisdiction.
   (d) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
  If brought by a district attorney or county counsel, the entire
amount of penalties collected shall be paid to the treasurer of the
county in which the judgment was entered.  If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.
   (e) Unless otherwise provided, the remedies or penalties provided
by this article are cumulative to each other and to remedies or
penalties available under all other laws of this state.
   116845.  The department shall publish a list of water treatment
devices certified under this article, including the specific standard
under which the device is certified.
   116850.  The department shall charge and collect a fee for each
certificate applied for which shall be an amount reasonably necessary
to produce sufficient revenue to effectively implement this article.

   116855.  In developing regulations pursuant to this article, the
department shall seek the consultation of representatives from the
industry regulated under the article, from drinking water purveyors,
and from persons with expertise and experience in promoting public
health.
   116860.  There is in the State Treasury the Water Device
Certification Special Account.  Fees collected pursuant to Section
116850 shall be deposited in the account created by this section.
   116865.  The Director of Finance may authorize the department to
borrow up to two hundred thousand dollars ($200,000) for the purpose
of implementing this article from any fund or account deemed
appropriate by the Director of Finance.  The department shall repay
the loan with interest to be determined in accordance with Section
16314 of the Government Code.

      Article 4.  Lead Materials

   116875.  (a) Solders containing more than 0.20 percent lead shall
not be used in making joints and fittings in any private or public
potable water supply system or any water user's pipelines.
   (b) No solder containing more than 0.20 percent lead shall be sold
in California on and after July 1, 1986, unless it contains a
warning label that states:  "Contains lead.  California law prohibits
the use of this solder in making joints and fittings in any private
or public potable water supply system or any water user's pipelines."

   (c) On and after January 1, 1986, lead pipe shall not be used in
the construction of private or public potable water supply systems.
   (d) The requirements of subdivision (a) shall not be applicable to
potable water supply pipelines in any building where the date of
application for a building permit is prior to the effective date of
the standards adopted pursuant to Section 116880.
   116880.  The department shall adopt building standards that will
limit the use of lead materials in public and private water systems.
The standards shall be adopted in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code and shall be published in the State Building
Standards Code located in Title 24 of the California Code of
Regulations.  The standards shall be enforced by the appropriate
state and local building and health officials.

      CHAPTER 6.  OPERATION OF WATER TREATMENT PLANTS
      Article 1.  Definitions

   116900.  Unless the context otherwise requires, the definitions in
this article govern the interpretation of this chapter and Article 3
(commencing with Section 106875) of Chapter 4 of Part 1.
   116905.  "Advisory committee" means the committee established by
former Section 116925.
   116910.  "Certificate" means a certificate of competency issued by
the director stating that the operator has met the requirements for
a specific operator classification of the certification program.
   116915.  "Operator" means any person who is responsible for the
operation of a water treatment plant.
   116920.  "Water treatment plant" means a group or assemblage of
structures, equipment, and processes that treat or condition a water
supply, affecting the physical, chemical, or bacteriological quality
of water distributed or otherwise offered to the public for domestic
use.

      Article 2.  Administration

   116950.  The director shall adopt regulations and certification
standards necessary to carry out this chapter and Article 3
(commencing with Section 106875) of Chapter 4 of Part 1, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and shall submit those regulations
to the board for its review and approval.

      CHAPTER 7.  WATER SUPPLY
      Article 1.  Water Supply Provisions

   116975.  No person shall put the carcass of any dead animal, or
the offal from any slaughter pen, corral, or butcher shop, into any
river, creek, pond, reservoir, or stream.
   116980.  No person shall put any water closet, privy, cesspool or
septic tank, or the carcass of any dead animal, or any offal of any
kind, in, or upon the borders of, any stream, pond, lake, or
reservoir from which water is drawn for the supply of any portion of
the inhabitants of this state, in a manner that the drainage of the
water closet, privy, cesspool or septic tank, or carcass, or offal
may be taken up by or in the water.
   116985.  No person shall allow any water closet, privy, cesspool,
or septic tank, or carcass of any dead animal, or any offal of any
kind, to remain in or upon the borders of any stream, pond, lake, or
reservoir within the boundaries of any land owned or occupied by him
or her, in a manner that the drainage from the water closet, privy,
cesspool or septic tank, or carcass, or offal, may be taken up by or
in the stream, pond, lake, or reservoir, if water is drawn therefrom
for the supply of any portion of the inhabitants of this state.
   116990.  No person shall keep any horses, mules, cattle, swine,
sheep, or live stock of any kind, penned, corralled, or housed on,
over, or on the borders of any stream, pond, lake, or reservoir, in a
manner that the waters become polluted, if water is drawn therefrom
for the supply of any portion of the inhabitants of this state.
   116995.  No person shall cause or permit any horses, cattle,
sheep, swine, poultry, or any kind of live stock or domestic animals,
to pollute the waters, or tributaries of waters, used or intended
for drinking purposes by any portion of the inhabitants of this
state.
   117000.  No person shall bathe, except as permitted by law, in any
stream, pond, lake, or reservoir from which water is drawn for the
supply of any portion of the inhabitants of this state, or by any
other means foul or pollute the waters of any such stream, pond,
lake, or reservoir.
   117005.  Nothing in this article shall be held to prevent the
grazing of livestock in areas embracing any stream or watershed where
the grazing would not tend to render the waters unwholesome or
injurious to the public health.
   117010.  Every person who washes clothes in any spring, stream,
river, lake, reservoir, well, or other waters that are used or
intended for drinking purposes by the inhabitants of the vicinage or
of any city, county, or town, of this state, is guilty of a
misdemeanor, punishable by imprisonment in the county jail for  not
more than 90 days, or a fine of not less than fifty dollars ($50) nor
more than one thousand dollars ($1,000), or by both such fine and
imprisonment.
   Each day's violation of this section is a separate offense.
   117015.  Every person who violates, or refuses or neglects to
conform to, any sanitary rule, order, or regulation prescribed by the
department for the prevention of the pollution of springs, streams,
rivers, lakes, wells, or other waters used or intended to be used for
human or animal consumption, is guilty of a misdemeanor.
   117020.  No person shall construct, maintain, or use any waste
well extending to or into a subterranean water-bearing stratum that
is used or intended to be used as, or is suitable for, a source of
water supply for domestic purposes, except pursuant to Article 6
(commencing with Section 13540) of Chapter 7, Division 7 of the Water
Code.
   117025.  It is unlawful for the owner, tenant, lessee, or occupant
of any houseboat or boat intended for or capable of being used as a
residence, house, dwelling, or habitation, or agent of the owner,
tenant, lessee, or occupant to moor or anchor it or permit it to be
moored or anchored in or on any river or stream, the waters of which
are used for drinking or domestic purposes by any city, town, or
village, within a distance of two miles above the intake or place
where the city, town, or village water system takes water from the
river or stream.  This section does not apply to the mooring or
anchoring of a houseboat when necessary, during transportation, for a
period of not longer than one day.
   117030.  Violation of this article may be enjoined by any court of
competent jurisdiction at the suit of any person whose supply of
water for human or animal consumption or for domestic purposes is or
may be affected, or by the state department.
   117035.  Anything done, maintained, or suffered, in violation of
any of the provisions of this article is a public nuisance, dangerous
to health, and may be summarily abated as such.
   117040.  A city, city and county, district or other public agency,
owning or operating a reservoir used for domestic or drinking water
purposes, may open to public fishing all or any part of the reservoir
and its surrounding land.
   117045.  Before the reservoir and its surrounding land are opened
to public fishing the public agency owning or operating the reservoir
shall determine that the public fishing will not affect the purity
and safety for drinking and domestic purposes of the water collected
in the reservoir, and shall obtain from the department a valid water
supply permit setting forth the terms and conditions upon which
public fishing may be conducted in the reservoir and on its
surrounding land.
   117050.  Public fishing shall not be conducted in a reservoir or
on its surrounding land if the reservoir is used as a regulating
reservoir to meet daily or peak consumption demands and as a terminal
reservoir to a water collecting facility and as a distribution
reservoir from which water may be supplied for drinking or domestic
purposes without full purification treatment after withdrawal from
the reservoir.
   117055.  The department may allow public fishing on any terminal
reservoir if it finds that adequate means are being used to protect
drinking water quality and that public fishing will have no
significant effect on water quality.  The department shall examine
all feasible means of protecting water quality on terminal reservoirs
and other reservoirs where public fishing may be allowed.  The
department may close any terminal water supply reservoir to public
angling on an emergency basis, if water quality is threatened by
public use.
   117060.  The public agency owning or operating the reservoir may
establish and collect fees, including charges for motor vehicle
parking, for the construction and operation of structures, facilities
and equipment and the operation and use of the reservoir and its
surrounding lands for public fishing.  The public agency may contract
with any agency or department of the federal government or the
state, with other public agencies or with private individuals for the
construction, operation and use of structures, facilities and
equipment and the performance of services necessary or convenient to
public fishing in the reservoir and on its surrounding land,
including the rental, lease or permission to use portions of the
reservoir and its surrounding lands for structures, facilities and
equipment necessary or convenient for the use of the public.  The
public agency may establish and enforce all rules and regulations
necessary or convenient to the conducting of public fishing on the
reservoir and its surrounding land and for the control, operation and
protection of the reservoir, its surrounding land and all
structures, facilities and equipment in connection with the
reservoir.
   117065.  The public agency shall cause a copy of the rules and
regulations to be posted upon the area opened to public fishing and
other recreational uses, and it shall cause the rules and regulations
to be published at least once in a newspaper of general circulation
published in the county in which the reservoir is in whole or in part
situated, if there be a newspaper, otherwise in a newspaper of
general circulation published within the area of the public agency.
Such posting and publication shall be sufficient notice to all
persons.  The affidavit of the secretary, clerk, or corresponding
officer of the public agency that the rules and regulations have been
so posted and published is prima facie evidence thereof.  A copy of
the rules and regulations, attested by the secretary, clerk, or
corresponding officer of the public agency shall be prima facie
evidence that the regulations have been made by the public agency as
provided by law.
   117070.  Any violation of any such rule or regulation lawfully
made by the public agency is a misdemeanor.  Any judge of a justice
court within any judicial district within which the reservoir lies in
whole or in part, or any municipal court within the district, shall
have jurisdiction of all prosecutions for violations of any rules and
regulations adopted by the public agency.
   117075.  Sections 117040 to 117070, inclusive, shall not apply to
reservoirs used for domestic or drinking water purposes that are open
to fishing or recreational uses on September 11, 1957, or that have
been open to fishing or recreational uses prior to that date.

      Article 2.  Additional Water Supply Provisions

   117080.  "Governmental agency," as used in this article, includes
a city, city and county, and district, but does not include a
chartered city or city and county.
   "Body of water" means a reservoir or lake.
   "Owned" means owned or controlled.
   117085.  The board of supervisors of any county wherein is located
a body of water owned by a governmental agency, that is used to
supply water for human consumption may by resolution request the
governmental agency owning the body of water to open the body of
water to public fishing and the surrounding land area for other
recreational use.  The governmental agency owning the body of water
shall thereupon make and file with said board of supervisors an
estimate of the cost of preparing a coordinated plan for public
fishing in said body of water and other recreational uses in the
surrounding land area.  The board of supervisors thereupon may
deposit with the governmental agency owning the body of water the
amount of the estimate not exceeding two thousand five hundred
dollars ($2,500), and the governmental agency owning said body of
water thereupon shall proceed promptly with and complete the
coordinated plan.  In event the cost of preparing the plan shall be
less than the amount deposited by the board of supervisors, the
excess shall be repaid by the governmental agency owning the body of
water to the board of supervisors that made the deposit.  The plan
may provide for development of the area by stages and may exclude
from public access structures, facilities or works of the agency
necessary in supplying water for human consumption and the portions
of the body of water and surrounding land area as may be reasonably
required for the protection, maintenance or operation of the
structures, facilities, or works.  The plan may exclude portions of
the surrounding area as are unsuitable for public recreational use.
The coordinated plan may also include an estimate of the cost of the
capital improvements necessary or convenient for public fishing and
recreational uses, an estimate of the annual cost of maintenance and
operation of the plan, and a recommendation as to the manner in which
the plan may be financed.
   After completion of the coordinated plan the governmental agency
shall promptly make application to the department for an amendment to
its water supply permit, that would allow the opening of the body of
water to public fishing and the surrounding land area for other
recreational use pursuant to the coordinated plan.
   117090.  Upon receipt of the amended permit, if the agency does
not allow such use, it shall call for a vote of its constituents at
the next statewide primary election or general election, or if the
agency is a municipal corporation at the next general municipal
election, to determine whether or not the use shall be allowed and if
a majority vote is in favor the public agency shall allow public
fishing in the body of water and other recreational uses in the
surrounding area in compliance with the amended permit.
   117095.  Nothing herein contained shall permit or require fishing
or other recreational uses in a secondary reservoir from which water
is supplied for domestic use without purification treatment after
withdrawal from said reservoir.
   117100.  The ballot for the election authorized by Section 117090
shall contain the instructions required by law to be printed thereon
and in addition thereto the following:



_____________________________________________________________________

                                                              '     '

     Shall the (insert name of governmental agency) allow     ' YES '

     fishing in the (name of body of water) and other         '_____'
_____
     recreational uses in the surrounding area subject to the '     '

     regulations of the State Department of Health Services?  '  NO '

                                                              '     '

     _________________________________________________________'_____'
_____

   If the governmental agency concludes that a bond issue is required
to pay for the capital improvements included in the coordinated plan
as approved by the amended permit, there shall also be printed on
the ballot, immediately following the ballot proposition aforesaid,
the following proposition to be voted on by the constituents of the
governmental agency:



____________________________________________________________________
                                                            '     '
     Shall the (insert name of governmental agency) incur   '     '
     a bonded indebtedness in the principal amount of       ' YES '
     $________ for providing the capital improvements for   '     '
     fishing in the (name of body of water) and other       '_____'
______
     recreational uses in the surrounding land area,        '     '
     subject to the regulations of the State Department     '  NO '
     of Health Services?                                    '     '
     _______________________________________________________'_____'
______

   117105.  The governmental agency owning the body of water may fix
and collect fees, including charges for motor vehicle parking, for
the construction of facilities, operation, and use of the area opened
for public fishing and other recreational uses.  The governmental
agency shall have the power to contract with others for the rendering
of any or all of the services required in connection with the
operation of the area including the right to rent or lease the whole
or any part of the area to provide necessary or convenient facilities
for the use of the public.  The governmental agency shall have the
power to make and enforce regulations that it may find necessary or
convenient for proper control of the areas opened to public fishing
and other recreational uses.  The department shall make recurring
inspections of all recreational areas approved under this article to
ensure the continued purity of drinking water.
   117110.  The governmental agency shall cause a copy of the rules
and regulations to be posted upon the area opened to public fishing
and other recreational uses, and it shall cause the rules and
regulations to be published at least once in a newspaper of general
circulation published in the county in which the reservoir is in
whole or in part situated, if there be such a newspaper, otherwise in
a newspaper of general circulation published within the area of the
governmental agency.  The posting and publication shall be sufficient
notice to all persons.  The affidavit of the secretary, clerk, or
corresponding officer of the governmental agency that the rules and
regulations have been so posted and published is prima facie evidence
thereof.  A copy of the rules and regulations, attested by the
secretary, clerk, or corresponding officer of the governmental agency
shall be prima facie evidence that the rules and regulations have
been made by the governmental agency as provided by law.
   117115.  As far as possible the development and operation of the
recreational uses authorized by this article shall be financed out of
the revenues authorized by this article; provided, however, that the
governmental agency owning the body of water is not required to fix
fees that are unreasonably high and in its discretion may make use of
any means of financing that it is otherwise authorized to use for
any purpose.
   117120.  Any violation of any rule or regulation lawfully made by
the governmental agency is a misdemeanor.  Any judge of a justice
court within any judicial district within which the reservoir lies in
whole or in part, or any municipal court that may be established
within the district, shall have jurisdiction of all prosecutions for
violations of any such rules and regulations adopted by the
governmental agency.
   117125.  Notwithstanding any other provision of law, the
Department of Fish and Game may stock with fish any body of water
opened to public fishing pursuant to this article.

      Article 3.  Punishment or Violations

   117130.  Violation of any provision of this chapter is a
misdemeanor.

      PART 13.  GARBAGE AND ONSITE SEWAGE DISPOSAL
      CHAPTER 1.  DEFINITIONS (Reserved)
      CHAPTER 2.  POWERS AND DUTIES (Reserved)
      CHAPTER 3.  ENFORCEMENT AND PENALTIES (Reserved)
      CHAPTER 4.  WASTE AND WASTE DISPOSAL
      Article 1.  Septic Tanks

   117400.  This article shall not apply to any city, town, county,
sanitary district, sanitation district, sewer maintenance district or
to any agency or institution of the state or the federal government
by reason of the cleaning of septic tanks, chemical toilets,
cesspools, sewage seepage pits or sewage works that are owned and
operated by any of these governmental agencies or institutions.
   117405.  It is unlawful for any person or firm to carry on or
engage in the business of the cleaning of septic tanks, chemical
toilets, cesspools or sewage seepage pits or to dispose of the
cleanings therefrom in any city, town, county, or city and county
unless he or she or it shall hold an unrevoked registration issued by
the local health officer or his or her duly authorized
representative of the city, town, county, or city and county for the
carrying on of the business.
   117410.  Except as provided in Section 25163, it is unlawful for
any person to clean septic tanks, chemical toilets, cesspools or
sewage seepage pits or to dispose or aid in the disposal of the
cleanings thereof, for any person or firm engaged in the business of
cleaning out septic tanks, chemical toilets, cesspools or sewage
seepage pits or disposing of the cleanings thereof who does not hold
an unrevoked registration as provided in this article.
   117415.  All applications for registration under this article
shall be filed with the local health officer in the city, town,
county, or city and county in which it is desired to carry on the
business.  The application shall state the name in full, if a
partnership then names of each of the partners, the relation of the
applicant to the firm or partnership, the place of business and place
of residence of the applicant for registration and of each of the
partners in the business, if a partnership, and shall state the exact
location of the place at which it is proposed to dispose of
cleanings.  The application shall be signed by the authorized officer
of a corporation, if a corporation; or by the managing partner, if a
partnership.
   117420.  Registration shall be issued only after a satisfactory
examination by the health officer or his or her duly authorized
representative covering the equipment to be used, the applicant's
knowledge of sanitary principles and of the laws and ordinances
affecting human health or nuisances, and the reliability of the
applicant in observing sanitary laws, ordinances and directions, and
in selecting laborers and employees who may clean out septic tanks,
chemical toilets, cesspools and sewage seepage pits without
endangering human health or comfort; and only after examination of
the place or places and manner of disposal of the cleanings proposed
by the applicant.
   117425.  The health officer is required to act upon each
application within thirty (30) days of the date of filing same.
   117430.  Registration shall be only for the unexpired portion of
the calendar year in which application is made, and at the end of the
calendar year all registrations shall become void and of no effect.

   117435.  (a) Applicants may be registered under any terms,
conditions, orders, and directions as the health officer or his or
her duly authorized representative may deem necessary for the
protection of human health and comfort.  Each health officer and his
or her duly authorized representative may require any and all persons
who are registered with the health officer to clean septic tanks,
cesspools, or sewage seepage pits or to dispose of the cleanings
therefrom, to file with the health officer at any time and at any
frequency or intervals as the health officer or duly authorized
representative may desire, a statement specifying all of the
following:
   (1) The name and address of the owner or tenant of each and every
one of the premises where a septic tank, cesspool, or sewage seepage
pit has been cleaned out by the registrant or his or her employees or
by others on his or her behalf and the date of each cleaning.
              (2) The location where the cleanings are disposed of
and by whom.
   (3) Discharges of waste that may result in violation of laws or
ordinances required to be known by the registrant pursuant to Section
117420.
   (b) The health officer may require the statement to be sworn to
before a notary.
   (c) Any and all persons registered with the health officer to
clean septic tanks, cesspools, or sewage seepage pits, or to dispose
of the cleanings therefrom, shall also provide a statement as
required pursuant to paragraph (3) of subdivision (a) to a regional
board as defined pursuant to Section 13050 of the Water Code.
   117440.  A change of address of any registrant including a member
of a partnership that is registered and of the place of business
thereof shall be reported in writing by registered mail by the
registrant within two days after the change of address.
   117445.  Any registration issued under this article may be revoked
by the issuing health officer for cause on 10 days' notice to the
applicant.  The notice shall be served by registered mail or in
person at the latest place of residence or of business reported by
the applicant.
   117450.  Violation of any of the provisions of this article or of
any order or orders of a health officer made pursuant to this
article for the protection of human health and comfort shall
constitute a misdemeanor and shall be punishable by a fine of not
less than two hundred dollars ($200) for each offense or by
imprisonment for not less than thirty (30) days or by both the fine
and imprisonment.

      Article 2.  Pollution of Navigable Waters with Garbage

   117475.  For the purpose of this article the term "garbage"
includes any or all of the following:
   (a) Garbage.
   (b) Swill.
   (c) Refuse.
   (d) Cans.
   (e) Bottles.
   (f) Paper.
   (g) Vegetable matter.
   (h) Carcass of any dead animal.
   (i) Offal from any slaughter pen or butcher shop.
   (j) Trash.
   (k) Rubbish.
   (l) Radioactive waste materials.
   (m) Discarded, nonbiodegradable materials including plastics or
damaged or broken marine equipment.
   117480.  Every person who places, deposits, or dumps any garbage
in or upon the navigable waters of this state, or who places,
deposits, or loads it upon any vessel, with intent that it shall be
dumped or deposited in or upon the navigable waters of this state, or
at any point in the ocean within twenty miles of any point on the
coast line of the state, is guilty of a misdemeanor.
   117485.  Every person in charge of any vessel who permits it to be
loaded with any garbage with intent that it shall be dumped or
deposited from the vessel in or upon any of the navigable waters of
this state, or at any point in the ocean, within twenty miles of any
point on the coast line of the state, is guilty of a misdemeanor.
   117490.  A vessel upon which any garbage has been loaded with the
intent that it shall be dumped or deposited upon any of the waters of
the ocean where permitted by this article, shall not leave any point
within the state unless it shall carry for the entire trip an
inspector appointed by the department, or where the point of
departure is in a city, then by the city.  The inspector shall
enforce this article.
   Every person in charge of a vessel that is required to have an
inspector on board by this article, and that does not carry an
inspector during the entire trip, is guilty of a misdemeanor.
   117495.  Every person in charge of a vessel that is to dump or
deposit radioactive waste materials upon any of the waters of the
ocean where permitted by this article shall notify the department in
writing at least five days in advance of the dumping or depositing,
specifying the intended date of departure and giving other
information as may be required by the department.  The department may
permit the vessel to leave without the inspector required by Section
117490 if it determines that the public health and welfare will not
be endangered thereby.  If this permission is granted, the department
may require the person in charge of the vessel to submit a certified
statement to it, at a time as the department determines, setting
forth the time, location, and manner of the dumping or disposal and
other information as the department may require.
   117500.  This article shall not be construed to affect the
discharge of any sewer system.

      Article 3.  Vessel Sanitation

   117505.  No person shall maintain or operate in or upon the
navigable waters of any lake, reservoir, or fresh water impoundment
of this state any vessel that is equipped with a toilet unless the
toilet is sealed or otherwise rendered inoperable or designed so that
no human excreta can be discharged into the waters.

      Article 4.  Pollution by Vessels

   117510.  As used in this article:
   (a) "Vessel" means every description of craft or other contrivance
used, or capable of being used, as a means of transportation in or
on water.
   (b) "Navigable waters" means all public waters of the state in any
river, stream, lake, reservoir, or other body of water, including
all salt water bays, inlets, and estuaries within the jurisdiction of
the state.
   117515.  No person shall place, deposit, or dump any human excreta
in or upon the navigable waters of this state, that are within any
marina, yacht harbor, fresh water lake, or fresh water impoundment,
from any vessel tied to any dock, slip, or wharf that has toilet
facilities available for the use of persons on the vessel.
   117520.  It is not the intent of the Legislature in enacting this
article to preempt the field of pollution by vessels, and the
provisions of this article do not prohibit the enactment or
enforcement of any ordinance by any city, county, or district having
the power to regulate pollution by vessels, that is stricter than the
provisions of this article.
   117525.  Any violation of this article is a misdemeanor.

      Article 5.  Violations

   117530.  Violation of any provision of Article 2 (commencing with
Section 117475), Article 3 (commencing with Section 117505), Article
4 (commencing with Section 117510), and Article 6 (commencing with
Section 117550) is a misdemeanor.

      Article 6.  Prohibited Waste Disposal in Public Places

   117550.  As used in this article, "garbage" includes any or all of
the following:
   (a) Garbage.
   (b) Swill.
   (c) Refuse.
   (d) Cans.
   (e) Bottles.
   (f) Paper.
   (g) Vegetable matter.
   (h) Carcass of any dead animal.
   (i) Offal from any slaughterpen or butcher shop.
   (j) Trash.
   (k) Rubbish.
   (l) Abandoned and unidentifiable vehicles or vehicle bodies.
   (m) Abandoned iceboxes and refrigerators.
   117555.  Every person who places, deposits, or dumps, or who
causes to be placed, deposited or dumped, or who causes or allows to
overflow, any sewage, sludge, cesspool or septic tank effluent, or
accumulation of human excreta, or any garbage, in or upon any street,
alley, public highway, or road in common use or upon any public park
or other public property other than property designated or set aside
for that purpose by the governing board or body having charge
thereof, or upon any private property into or upon which the public
is admitted by easement, license or otherwise, is guilty of a
misdemeanor.
   This section does not apply to the placing, depositing, or dumping
of any garbage upon private property by the owner, or any person
authorized by the owner, of the private property, except that the
placing, depositing or dumping of the garbage shall not create a
public health and safety hazard or a fire hazard, as determined by a
local health department, local fire department or fire district, or
the Division of Forestry.
   117560.  Every state fish and game warden, police officers of
cities, sheriffs and their deputies and other peace officers of the
State of California, within their respective jurisdictions, shall
enforce the provisions of this article.

      Article 7.  Solid Waste Handling and Disposal

   117575.  Unless the context otherwise requires, the definitions in
Article 2 (commencing with Section 66710) of Chapter 1 of Title 7.3
of the Government Code govern the construction of this article.
   117580.  The department insofar as presently or hereafter provided
by law, shall continue to be responsible for all aspects of solid
waste management and resource recovery as they directly affect human
health, including, but not limited to, the contamination of air,
water, and land, propagation of vertebrates and invertebrates that
may transmit disease to man, handling and disposal of hazardous
wastes, and management practices that threaten the health of solid
waste employees or the general public.
   117585.  The department shall continue to administer and enforce
the laws, other than matters covered by Title 7.3 (commencing with
Section 66700) of the Government Code, that are within its
jurisdiction as they apply directly to solid wastes.  The department
also, as it relates directly to human health, shall:
   (a) Evaluate and study, as appropriate, the characteristics of
solid wastes and methods for their handling and disposal for health
protection.
   (b) Render technical assistance to the board, local agencies, and
others in the planning and operation of solid waste management
programs and resources recovery programs.
   (c) Formulate technical criteria and suggested guidelines for use
by state and local agencies in development, planning, implementation,
and operation of programs for the local handling of solid waste.
   (d) Stimulate and participate in research and development projects
conducted by other public or private agencies, especially those
intended to reduce, effectively reuse, or decontaminate waste
products.
   117590.  The department, not later than January 1, 1975, shall
prepare and shall submit minimum standards for solid waste handling
and disposal for the protection of the public health to the board for
inclusion in the state policy for solid waste management required to
be adopted pursuant to Section 66770 of the Government Code.  The
department may adopt varying standards for different areas of the
state depending on population density, climate, geology, and other
factors relevant to solid waste handling and disposal, and may revise
the standards when appropriate.

      PART 14.  MEDICAL WASTE
      CHAPTER 1.  GENERAL PROVISIONS

   117600.  This part shall be known and may be cited as the Medical
Waste Management Act.
   117605.  This part does not preempt any local ordinance regulating
infectious waste, as that term was defined by Section 25117.5 as it
read on December 31, 1990, if the ordinance was in effect on January
1, 1990, and regulated both large and small quantity generators.  Any
ordinance may be amended in a manner that is consistent with this
part.
   117610.  The department shall adopt regulations that will
establish and ensure statewide standards for uniformity in the
implementation and administration of this part and that will promote
waste minimization and source reduction.
   117615.  Notwithstanding Section 117605, with the approval of the
director, and in the interest of public health, a local ordinance
providing more stringent requirements than specified in this part may
be implemented for a specified time period.
   117620.  The department and any local enforcement agency initially
electing to implement a medical waste management program pursuant to
this part shall initiate that program and begin enforcement of its
provisions on or before April 1, 1991, except for medical waste
programs operating under Section 117605.

      CHAPTER 2.  DEFINITIONS

   117625.  Unless the context requires otherwise, the definitions in
this article govern the construction of this part.
   117630.  "Biohazard bag" means a disposable red bag that is
impervious to moisture and has a strength sufficient to preclude
ripping, tearing, or bursting under normal conditions of usage and
handling of the waste-filled bag.  A biohazard bag shall be
constructed of material of sufficient single thickness strength to
pass the 165-gram dropped dart impact resistance test as prescribed
by Standard D 1709-85 of the American Society for Testing and
Materials and certified by the bag manufacturer.
   117635.  "Biohazardous waste" means any of the following:
   (a) Laboratory waste, including, but not limited to, all of the
following:
   (1) Human or animal specimen cultures from medical and
pathological laboratories.
   (2) Cultures and stocks of infectious agents from research and
industrial laboratories.
   (3) Wastes from the production of bacteria, viruses, or the use of
spores, discarded live and attenuated vaccines used in human health
care or research, discarded animal vaccines, including only
Brucellosis, Contagious Ecthyma, and other animal vaccines, as
identified by the department, and culture dishes and devices used to
transfer, inoculate, and mix cultures.
   (b) Waste containing any microbiologic specimens.
   (c) Human surgery specimens or tissues removed at surgery or
autopsy, that are suspected by the attending physician and surgeon or
dentist of being contaminated with infectious agents known to be
contagious to humans.
   (d) Animal parts, tissues, fluids, or carcasses suspected by the
attending veterinarian of being contaminated with infectious agents
known to be contagious to humans.
   (e) Waste, that at the point of transport from the generator's
site, at the point of disposal, or thereafter, contains recognizable
fluid blood, fluid blood products, containers, or equipment
containing blood that is fluid or blood from animals known to be
infected with diseases that are highly communicable to humans.
   (f) Waste containing discarded materials contaminated with
excretion, exudate, or secretions from humans who are required to be
isolated by the infection control staff, the attending physician and
surgeon, the attending veterinarian, or the local health officer, to
protect others from highly communicable diseases or isolated animals
known to be infected with diseases that are highly communicable to
humans.
   (g) Waste that is hazardous only because it is comprised of human
surgery specimens or tissues that have been fixed in formaldehyde or
other fixatives, or only because the waste is contaminated through
contact with, or having previously contained, trace amounts of
chemotherapeutic agents, including, but not limited to, gloves,
disposable gowns, towels, and intravenous solution bags and attached
tubing that are empty.  A biohazardous waste that meets the
conditions of this subdivision is not subject to Chapter 6.5
(commencing with Section 25100).  These wastes shall be managed as
medical waste in accordance with the applicable provisions of this
part and shall be disposed of in accordance with subdivision (a) of
Section 118215.
   (1) For purposes of this subdivision, "chemotherapeutic agent"
means an agent that kills or prevents the reproduction of malignant
cells.
   (2) For purposes of this subdivision, a container, or inner liner
removed from a container, that previously contained a
chemotherapeutic agent, is empty if the container or inner liner
removed from the container has been emptied by the generator as much
as possible, using methods commonly employed to remove waste or
material from containers or liners, so that the following conditions
are met:
   (A) If the material that the container or inner liner held is
pourable, no material can be poured or drained from the container or
inner liner when held in any orientation, including, but not limited
to, when tilted or inverted.
   (B) If the material that the container or inner liner held is not
pourable, no material or waste remains in the container or inner
liner that can feasibly be removed by scraping.
   117640.  "Common storage facility" means any designated
accumulation area that is onsite and is used by small quantity
generators otherwise operating independently for the storage of
medical waste for collection by a registered hazardous waste hauler.

   117645.  "Container" means the rigid container in which the
medical waste is placed prior to transporting for purposes of storage
or treatment.
   117650.  "Enforcement agency" means the department or the local
agency administering this part.
   117655.  "Enforcement officer" means the director, or agents or
registered environmental health specialists appointed by the
director, and all local health officers, directors of environmental
health, and their duly authorized registered environmental health
specialists and environmental health specialist trainees, or the
designees of the director, local health officers, or the directors of
environmental health.
   117660.  "Hazardous waste hauler" means a person registered as a
hazardous waste hauler pursuant to Article 6 (commencing with Section
25160) and Article 6.5 (commencing with Section 25167.1) of Chapter
6.5 of Division 20 and Chapter 30 (commencing with Section 66001) of
Division 4 of Title 22 of the California Code of Regulations.
   117665.  "Highly communicable diseases" means diseases, such as
those caused by organisms classified by the federal Centers for
Disease Control as Biosafety Level IV organisms, that, in the opinion
of the infection control staff, the department, local health
officer, attending physician and surgeon, or attending veterinarian,
merit special precautions to protect staff, patients, and other
persons from infection.
   "Highly communicable diseases" does not include diseases such as
the common cold, influenza, or other diseases not representing a
significant danger to nonimmunocompromised persons.
   117670.  "Household waste" means any material, including garbage,
trash, and sanitary wastes in septic tanks and medical waste, that is
derived from households, farms, or ranches.
   117675.  "Infectious agent" means a type of microorganism,
bacteria, mold, parasite, or virus that normally causes, or
significantly contributes to the cause of, increased morbidity or
mortality of human beings.
   117680.  "Large quantity generator" means a medical waste
generator that generates 200 or more pounds per month of medical
waste.
   117685.  "Local agency" means the local health department, as
defined in Section 101185, or the local comprehensive environmental
agency established in accordance with Section 101275, of a county
that has elected to adopt a local ordinance to administer and enforce
this part, pursuant to Chapter 3 (commencing with Section 117800).

   117690.  (a) "Medical waste" means waste that meets both of the
following requirements:
   (1) The waste is composed of waste that is generated or produced
as a result of any of the following:
   (A) Diagnosis, treatment, or immunization of human beings or
animals.
   (B) Research pertaining to the activities specified in
subparagraph (A).
   (C) The production or testing of biologicals.
   (2) The waste is any of the following:
   (A) Biohazardous waste.
   (B) Sharps waste.
   (b) Medical waste may contain infectious agents.
   (c) For purposes of this section, "biologicals" means medicinal
preparation made from living organisms and their products, including,
but not limited to, serums, vaccines, antigens, and antitoxins.
   117695.  Medical waste that has been treated in accordance with
Chapter 8 (commencing with Section 118215) and that is not otherwise
hazardous, shall thereafter be considered solid waste as defined in
Section 40191 of the Public Resources Code and not medical waste.
   117700.  Medical waste does not include any of the following:
   (a) Waste containing microbiological cultures used in food
processing and biotechnology and any containers or devices used in
the preparation and handling of these cultures, that is not
considered to be an infectious agent pursuant to Section 117675.
   (b) Urine, feces, saliva, sputum, nasal secretions, sweat, tears,
and vomitus, unless they contain fluid blood, except as defined in
subdivision (f) of Section 117635.
   (c) Waste that is not biohazardous, such as paper towels, paper
products, articles containing nonfluid blood, and other medical solid
waste products commonly found in the facilities of medical waste
generators.
   (d) Hazardous waste, radioactive waste, or household waste.
   (e) Waste generated from normal and legal veterinarian,
agricultural, and animal livestock management practices on a farm or
ranch.
   117705.  "Medical waste generator" means any person, whose act or
process produces medical waste and includes, but is not limited to, a
provider of health care as defined in subdivision (a) of Section
56.05 of the Civil Code.  All of the following are examples of
businesses that generate medical waste:
   (a) Medical and dental offices, clinics, hospitals, surgery
centers, laboratories, research laboratories, unlicensed health
facilities, those facilities required to be licensed pursuant to
Division 2 (commencing with Section 1200), chronic dialysis clinics,
as regulated pursuant to Division 2 (commencing with Section 1200),
and education and research facilities.
   (b) Veterinary offices, veterinary clinics, and veterinary
hospitals.
   (c) Pet shops.
   117710.  "Medical waste management plan" means a document that is
completed by generators of medical waste pursuant to Sections 117935
and 117960, on forms prepared by the enforcement agency.
   117715.  "Medical waste permit" means a permit issued by the
enforcement agency to a medical waste treatment facility.
   117720.  "Medical waste registration" means a registration issued
by the enforcement agency to a medical waste generator.
   117725.  (a) "Medical waste treatment facility" means all adjacent
land and structures, and other appurtenances or improvements on the
land, used for treating medical waste or for associated handling and
storage of medical waste.  Medical waste treatment facilities are
those facilities treating waste pursuant to subdivision (a) or (c) of
Section 118215.  A medical waste treatment method approved pursuant
to subdivision (d) of Section 118215 may be designated as a medical
waste treatment facility by the department.
   (b) "Adjacent," for purposes of subdivision (a), means real
property within 400 yards from the property boundary of the existing
medical waste treatment facility.
   117730.  "Mixed waste" means mixtures of medical and nonmedical
waste.  Mixed waste is medical waste, except for all of the
following:
   (a) Medical waste and hazardous waste is hazardous waste and is
subject to regulation as specified in the statutes and regulations
applicable to hazardous waste.
   (b) Medical waste and radioactive waste is radioactive waste and
is subject to regulation as specified in the statutes and regulations
applicable to radioactive waste.
   (c) Medical waste, hazardous waste, and radioactive waste is
radioactive mixed waste and is subject to regulation as specified in
the statutes and regulations applicable to hazardous waste and
radioactive waste.
   117735.  "Offsite" means any location that is not onsite.
   117740.  (a) "Onsite" means a medical waste treatment facility, or
common storage facility on the same or adjacent property as the
generator of the medical waste being treated.
   (b) "Adjacent," for purposes of subdivision (a), means real
property within 400 yards from the property boundary of the existing
medical waste treatment facility.
   117745.  "Person" means an individual, trust, firm, joint stock
company, business concern, partnership, association, limited
liability company, and corporation, including, but not limited to, a
government corporation.  "Person" also includes any city, county,
district, commission, the state or any department, agency, or
political subdivision thereof, the Regents of the University of
California, any interstate body, and the federal government or any
department or agency thereof to the extent permitted by law.
   117750.  "Sharps container" means a rigid puncture-resistant
container that, when sealed, is leak resistant and cannot be reopened
without great difficulty.
   117755.  "Sharps waste" means any device having acute rigid
corners, edges, or protuberances capable of cutting or piercing,
including, but not limited to, all of the following:
   (a) Hypodermic needles, hypodermic needles with syringes, blades,
needles with attached tubing, syringes contaminated with biohazardous
waste, acupuncture needles, and root canal files.
   (b) Broken glass items, such as Pasteur pipettes and blood vials
contaminated with biohazardous waste.
   117760.  "Small quantity generator" means a medical waste
generator that generates less than 200 pounds per month of medical
waste.
   117765.  "Storage" means the holding of medical wastes at a
designated accumulation area, as specified in Chapter 9 (commencing
with Section 118275).
   117770.  "Tracking document" means the medical waste tracking
document specified in Section 118040.
   117775.  "Transfer station" means any offsite location where
medical waste is loaded, unloaded, or stored by a registered
hazardous waste hauler during the normal course of transportation of
the medical waste.  "Transfer station" does not include common
storage facilities, large quantity generators used for the purpose of
consolidation, or onsite treatment facilities.
   117780.  "Treatment" means any method, technique, or process
designed to change the biological character or composition of any
medical waste so as to eliminate its potential for causing disease,
as specified in Chapter 8 (commencing with Section 118215).

      CHAPTER 3.  POWERS AND DUTIES

   117800.  A local agency may implement a medical waste management
program by the adoption of an ordinance or resolution by the local
governing body, in accordance with this part.
   117805.  Except as provided in subdivision (a) of Section 117810,
a local agency that elects to implement a medical waste management
program shall notify the department within 90 days from the effective
date of the act enacting this part.
   117810.  (a) If a local agency does not elect to implement a
medical waste management program, the local agency may elect to
contract with another local agency to implement a medical waste
management program or to implement it at a later date.
   This election shall be made by the local governing body, that
shall take effect 90 days after a notice of election is filed with
the department.
         (b) A local agency that elects to implement a medical waste
management program shall continue to implement that program until the
local governing body terminates the election by resolution or
ordinance or the department revokes the authority of the local agency
to administer a medical waste management program.  The local agency
shall file the notice of termination with the department at least 180
days prior to the termination date.
   117815.  Any local agency that has elected to implement a medical
waste management program shall maintain a program that is consistent
with Section 117820 and the regulations adopted pursuant to that
section.  With the approval of the department, the local agency may
administer or enforce this part with respect to any person.
   117820.  A medical waste management program shall include, but not
be limited to, all of the following:
   (a) Issuing medical waste registrations pursuant to Chapter 5
(commencing with Section 117950) and permits pursuant to Chapter 7
(commencing with Section 118130).
   (b) Processing and reviewing the medical waste management plans
and inspecting onsite treatment facilities in accordance with Chapter
4 (commencing with Section 117925) for all small quantity medical
waste generators required to be registered.
   (c) Conducting an evaluation, inspection, or records review for
all facilities or persons issued a large quantity medical waste
registration pursuant to Chapter 5 (commencing with Section 117950)
or issued a permit for an onsite medical waste treatment facility
pursuant to Section 118130.
   (d) Inspecting medical waste generators in response to complaints
or emergency incidents, or as part of an investigation or evaluation
of the implementation of the medical waste management plan.
   (e) Inspecting medical waste treatment facilities in response to a
complaint or as part of an investigation or emergency incident.
   (f) Taking enforcement action for the suspension or revocation of
medical waste permits issued by the local agency pursuant to this
part.
   (g) Referring or initiating proceedings for civil or criminal
prosecution of violations specified in Chapter 10 (commencing with
Section 118335).
   (h) Reporting in a manner determined by the department so that the
statewide effectiveness of the program can be determined.
   117825.  Each local enforcement agency that elects to implement
the medical waste management program may prescribe, by resolution or
ordinance, the registration and permit fees necessary to pay its
reasonable expenses to administer the program.
   117830.  (a) A local agency electing to implement a medical waste
management program is the enforcement agency for the jurisdiction
where it is located and so designated by the department.
   (b) In any local jurisdiction where the local agency does not
elect to implement a medical waste management program, the department
is the enforcement agency.
   (c) Nothing in this chapter shall prevent a district attorney,
city attorney, or city prosecutor from bringing any enforcement
action for violation of this chapter.
   117835.  The department shall establish and maintain a data base
of persons registered under Chapter 4 (commencing with Section
117925) and persons registered under Chapter 5 (commencing with
Section 117950) for whom the department is the enforcement agency.
   117840.  It is the intent of the Legislature that the program
carried out pursuant to this part be fully supported from the fees
received pursuant to this part.
   117845.  The department shall implement this part so as to
maximize the funds that may be received from the federal government.

   117850.  Information may be shared between the department and the
Environmental Protection Agency.
   117855.  If the department finds that a local enforcement agency
is not consistently fulfilling its responsibilities, the department
shall notify the agency of the particular reasons for finding that
the agency is not fulfilling its responsibilities and of the
department's intention to withdraw its designation if, within a time
to be specified in that notification, but in no event less than 30
days, the agency does not take the corrective action specified by the
department.
   117860.  If the department withdraws its designation of a local
enforcement agency, the department shall become the enforcement
agency within the jurisdiction of the local enforcement agency.
   117870.  If the department identifies significant violations of
minimum requirements that were not identified and resolved through
previous inspections by the local enforcement agency, the department
shall do all of the following:
   (a) Conduct a performance review of the agency within 120 days.
   (b) Prepare a written performance report within 60 days of the
review.
   (c) Require the submission of a plan of correction by the agency
within 90 days of receiving the report.
   117875.  The department shall withdraw a local enforcement agency'
s designation pursuant to Section 117860 if it determines that the
enforcement agency has failed to submit an adequate plan of
correction or has failed to implement the plan.
   117880.  If the department becomes the enforcement agency, it may
charge the fees specified in this part.
   117885.  (a) There is in the State Treasury the Medical Waste
Management Fund, that shall be administered by the director.  Money
deposited in the fund shall be available to the department, upon
appropriation by the Legislature, for the purposes of this part.
   (b) In addition to any other funds transferred by the Legislature
to the Medical Waste Management Fund, the following shall be
deposited in the fund:
   (1) Fees, penalties, interest earned, and fines collected by, or
on behalf of, the department pursuant to this part.
   (2) Funds granted by the federal government for purposes of
carrying out this part.
   (c) This section shall become operative on July 1, 1993.
   117890.  No large quantity generator shall generate medical waste
unless the large quantity generator is registered with the
enforcement agency pursuant to this part.
   117895.  A small quantity generator that treats medical waste
onsite by steam sterilization, incineration, or microwave technology
shall register with the enforcement agency pursuant to this part.
   117900.  No person shall haul medical waste unless the person
meets either of the following requirements:
   (a) The person is registered pursuant to Article 6 (commencing
with Section 25160) and Article 6.5 (commencing with Section 25167.1)
of Chapter 6.5 of Division 20 and Chapter 30 (commencing with
Section 66001) of Division 4 of Title 22 of the California Code of
Regulations.
   (b) The person has an approved limited-quantity exemption granted
pursuant to Section 118030.
   117903.  No person shall treat medical waste unless the person is
permitted by the enforcement agency as required by this part or
unless the treatment is performed by a medical waste generator and is
a treatment method approved pursuant to subdivision (d) of Section
118215.
   117905.  The department is the enforcement agency for offsite
treatment facilities.
   117908.  The accumulated medical waste of more than one medical
waste generator shall not be stored in a common storage facility
unless that facility is registered with the enforcement agency.
   117910.  The department shall provide ongoing technical assistance
and guidance to local enforcement agencies to assist them in their
decisionmaking processes.  This assistance shall include, but is not
limited to, providing all of the following:
   (a) Technical studies and reports.
   (b) Copies of innovative facility operation plans.
   (c) Investigative findings and analysis of new waste management
practices and procedures.

      CHAPTER 4.  SMALL QUANTITY GENERATOR REQUIREMENTS

   117915.  Containment and storage of medical waste shall be in
accordance with Chapter 9 (commencing with Section 118275).
   117918.  Treatment of medical waste shall be in accordance with
Chapter 8 (commencing with Section 118215).
   117920.  The fee schedule specified in Section 117923 shall be for
the issuance of medical waste registrations and for conducting
inspections pursuant to this chapter when the department serves as
the enforcement agency for small quantity generators.  This fee
schedule shall be adjusted annually in accordance with Section
100425.  On or before January 1, 1993, the department may adjust by
regulation the fees specified in Section 117923 to reflect the actual
costs of implementing this chapter.  Local enforcement agencies
shall set fees that shall be sufficient to cover their costs in
implementing this part with regard to small quantity generators
required to be registered pursuant to Section 117925.
   117923.  (a) The registration and inspection fee for small
quantity generators using onsite treatment, including an autoclave,
incinerator, or microwave technology, to treat medical waste is one
hundred dollars ($100), that shall be paid once every two years.
   (b) The annual permit fee for a common storage facility permitted
pursuant to Section 117928 is the amount specified in the following
schedule:
   (1) For storage facilities serving 10 or fewer generators, the
permit fee is one hundred dollars ($100).
   (2) For storage facilities serving 11 or more generators, but not
more than 50 generators, the permit fee is two hundred fifty dollars
($250).
   (3) For storage facilities serving more than 50 generators, the
permit fee is five hundred dollars ($500).
   117925.  (a) Each small quantity generator using onsite steam
sterilization, incineration, or microwave technology to treat medical
waste shall register with the enforcement agency.  Small quantity
generators owning or operating a medical waste treatment facility
shall also apply for a permit for that treatment facility pursuant to
Chapter 7 (commencing with Section 118130).
   (b) Small quantity generators using onsite treatment, as specified
in subdivision (a), that operate as a business in the same building,
or that are associated with a group practice in the same building,
may register as one generator.
   (c) Small quantity generators using onsite treatment, as specified
in subdivision (a), as specified in subdivision (b), operating in
different buildings on the same or adjacent property, or as approved
by the enforcement agency, may register as one generator.
   (d) "Adjacent," for purposes of subdivision (c), means real
property within 400 yards from the property boundary of the primary
registration site.
   117928.  (a) Any common storage facility for the collection of
medical waste produced by small quantity generators operating
independently, but sharing common storage facilities, shall have a
permit issued by the enforcement agency.
   (b) A permit for any common storage facility specified in
subdivision (a) may be obtained by any one of the following:
   (1) A provider of health care as defined in subdivision (d) of
Section 56.05 of the Civil Code.
   (2) The registered hazardous waste transporter.
   (3) The property owner.
   (4) The property management firm responsible for providing tenant
services to the medical waste generators.
   117930.  Small quantity generators subject to Section 117925 shall
register with the enforcement agency on or before April 1, 1991,
where the generation of medical waste began prior to that date.
   In those cases where the generation of medical waste begins after
April 1, 1991, registration shall be completed pursuant to this
chapter prior to commencement of the generation of medical waste.
   117933.  Common storage facilities subject to Section 117928 shall
obtain a permit from the enforcement agency on or before April 1,
1991, where the storage of medical waste in the common storage
facility began prior to that date.
   In those cases where the storage of medical waste begins after
April 1, 1991, permits shall be obtained pursuant to this chapter
prior to commencement of storage of medical waste in the common
storage facility.
   117935.  Any small quantity generator required to register with
the enforcement agency pursuant to Section 117930 shall file with the
enforcement agency a medical waste management plan, on forms
prescribed by the enforcement agency containing, but not limited to,
all of the following:
   (a) The name of the person.
   (b) The business address of the person.
   (c) The type of business.
   (d) The types, and the estimated average monthly quantity, of
medical waste generated.
   (e) The type of treatment used onsite.
   (f) The name and business address of the registered hazardous
waste hauler used by the generator for backup treatment and disposal,
for waste when the onsite treatment method is not appropriate due to
the hazardous or radioactive characteristics of the waste, or the
name of the registered hazardous waste hauler used by the generator
to have untreated medical waste removed for treatment and disposal.
   (g) A statement indicating that the generator is hauling the
medical waste generated in his or her business pursuant to Section
118030 and the name and any business address of the treatment and
disposal facilities to which the waste is being hauled, if
applicable.
   (h) The name and business address of the registered hazardous
waste hauler service provided by the building management to which the
building tenants may subscribe or are required by the building
management to subscribe and the name and business address of the
treatment and disposal facilities used, if applicable.
   (i) A statement certifying that the information provided is
complete and accurate.
   117938.  (a) Small quantity generators using onsite steam
sterilization, incineration, or microwave technology to treat medical
waste are subject to biennial inspection of that onsite treatment
facility by the enforcement agency and may be subject to the
permitting requirements for onsite medical waste treatment facilities
as determined by the enforcement agency.
   (b) The inspection and permitting requirements of subdivision (a)
do not apply when onsite steam sterilization is not used for the
treatment or disposal of medical waste.
   117940.  (a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.

   (b) Each medical waste generator registration issued by the
enforcement agency shall be valid for two years.
   (c) An application for renewal of the registration shall be filed
with the enforcement agency on or before the expiration date.
   (d) Generators shall submit within 30 days an updated application
form when any of the information specified in subdivisions (a) to
(i), inclusive, of Section 117935 changes.
   117943.  A medical waste generator required to register pursuant
to this chapter shall maintain individual treatment, and tracking
records, if applicable, for three years, or for the period specified
in the regulations, and shall report or submit to the enforcement
agency, upon request, both of the following:
   (a) Treatment operating records.
   (b) An emergency action plan complying with regulations adopted by
the department.
   117945.  Small quantity generators who are not required to
register pursuant to this chapter shall maintain on file in their
office all of following:
   (a) An information document stating how the generator contains,
stores, treats, and disposes of any medical waste generated through
any act or process of the generator.
   (b) Records of any medical waste transported offsite for treatment
and disposal, including the quantity of waste transported, the date
transported, and the name of the registered hazardous waste hauler or
individual hauling the waste pursuant to Section 118030.  The small
quantity generator shall maintain these records for not more than two
years.

      CHAPTER 5.  LARGE QUANTITY GENERATOR REQUIREMENTS

   117950.  (a) Each large quantity generator, except as specified in
subdivisions (b) and (c), shall register with the enforcement
agency.  Large quantity generators owning or operating a medical
waste treatment facility shall also apply for a permit for that
treatment facility pursuant to Chapter 7 (commencing with Section
118130).
   (b) Large quantity generators operating as a business in the same
building, or that are associated with a group practice in the same
building, may register as one generator.
   (c) Large quantity generators as specified in subdivision (a),
operating in different buildings on the same or adjacent property, or
as approved by the enforcement agency, may register as one
generator.
   (d) "Adjacent," for purposes of subdivision (c), means real
property within 400 yards from the property boundary of the primary
registration site.
   117955.  Large quantity generators subject to Section 117950 shall
register with the enforcement agency on or before April 1, 1991, if
the generation of medical waste began prior to that date.  In those
cases where the generation of medical waste begins after April 1,
1991, registration shall be completed pursuant to this chapter prior
to commencement of the generation of medical waste.
   117960.  Any large quantity generator required to register with
the enforcement agency pursuant to Section 117950 shall file with the
enforcement agency a medical waste management plan, on forms
prescribed by the enforcement agency containing, but not limited to,
all of the following:
   (a) The name of the person.
   (b) The business address of the person.
   (c) The type of business.
   (d) The types, and the estimated average monthly quantity, of
medical waste generated.
   (e) The type of treatment used onsite, if applicable.  For
generators with onsite medical waste treatment facilities, including
incinerators or steam sterilizers or other treatment facilities as
determined by the enforcement agency, the treatment capacity of the
onsite treatment facility.
   (f) The name and business address of the registered hazardous
waste hauler used by the generator to have untreated medical waste
removed for treatment, if applicable.
   (g) The name and business address of the registered hazardous
waste hauler service provided by the building management to which the
building tenants may subscribe or are required by the building
management to subscribe, if applicable.
   (h) The name and business address of the offsite medical waste
treatment facility to which the medical waste is being hauled, if
applicable.
   (i) An emergency action plan complying with regulations adopted by
the department.
   (j) A statement certifying that the information provided is
complete and accurate.
   117965.  Large quantity generators shall be subject to at least
annual inspection by the enforcement agency.
   117970.  (a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.

   (b) Each medical waste registration issued by the enforcement
agency shall be valid for one year.
   (c)  An application for renewal of the registration shall be filed
with the enforcement agency not less than 90 days prior to the
expiration date.  Failure to meet this requirement shall result in an
assessment of a late fee.
   (d) Generators shall submit within 30 days an updated application
form when any of the information specified in subdivisions (a) to
(j), inclusive, of Section 117960 changes.
   117975.  A medical waste generator required to register pursuant
to this chapter shall maintain individual treatment, and tracking
records, if applicable, for three years or for the period specified
in the regulations.
   117980.  Containment and storage of medical waste shall be in
accordance with Chapter 9 (commencing with Section 118275).
   117985.  Treatment of medical waste shall be in accordance with
Chapter 8 (commencing with Section 118215).
   117990.  The fee schedule specified in Section 117995 shall be for
the issuance of medical waste registrations and onsite medical waste
treatment facility permits when the department serves as the
enforcement agency for large quantity generators.  This fee schedule
shall be adjusted annually in accordance with Section 100425.  On or
before January 1, 1993, the department may adjust by regulation the
fees specified in Section 117995 to reflect the actual costs of
implementing this chapter.  Local enforcement agencies shall set fees
that shall be sufficient to cover their costs in implementing this
part with regard to large quantity generators.
   117995.  The registration and annual permit fee for large quantity
generators shall be set in following amounts:
   (a) (1) A general acute care hospital, as defined in subdivision
(a) of Section 1250, that has one or more beds, but not more than 99
beds, shall pay six hundred dollars ($600), a facility with 100 or
more beds, but not more than 199 beds, shall pay eight hundred sixty
dollars ($860), a facility with 200 or more beds, but not more than
250 beds shall pay one thousand one hundred dollars ($1,100), and a
facility with 251 or more beds shall pay one thousand four hundred
dollars ($1,400).
   (2) In addition to the fees specified in paragraph (1), a general
acute care hospital which is providing onsite treatment of medical
waste shall pay an annual medical waste treatment facility inspection
and permit fee of three hundred dollars ($300), if the facility has
one or more beds but not more than 99 beds, five hundred dollars
($500), if the facility has 100 or more beds but not more than 250
beds, and one thousand dollars ($1,000), if the facility has 251 or
more beds.
   (b) A specialty clinic, providing surgical, dialysis, or
rehabilitation services, as defined in subdivision (b) of Section
1204, shall pay three hundred fifty dollars ($350).
   (c) A skilled nursing facility, as defined in subdivision (c) of
Section 1250, that has one or more beds, but not more than 99 beds
shall pay two hundred seventy-five dollars ($275), a facility with
100 or more beds, but not more than 199 beds shall pay three hundred
fifty dollars ($350), and a facility with 200 or more beds shall pay
four hundred dollars ($400).
   (d) An acute psychiatric hospital, as defined in subdivision (b)
of Section 1250, shall pay two hundred dollars ($200).
   (e) An intermediate care facility, as defined in subdivision (d)
of Section 1250, shall pay three hundred dollars ($300).
   (f) A primary care clinic, as defined in Section 1200.1, shall pay
three hundred fifty dollars ($350).
   (g) A licensed clinical laboratory, as defined in paragraph (3) of
subdivision (a) of Section 1206 of the Business and Professions
Code, shall pay two hundred dollars ($200).
   (h) A health care service plan facility, as defined in subdivision
(f) of Section 1345, shall pay three hundred fifty dollars ($350).
   (i) A veterinary clinic or veterinary hospital shall pay two
hundred dollars ($200).
   (j) A large quantity generator medical office shall pay two
hundred dollars ($200).
   (k) In addition to the fees specified in subdivisions (b) to (j),
inclusive, a large quantity generator of medical waste which is
providing onsite treatment of medical waste shall pay an annual
medical waste treatment facility inspection and permit fee of three
hundred dollars ($300).

      CHAPTER 6.  MEDICAL WASTE HAULERS

   118000.  (a) Except as otherwise exempted pursuant to Section
118030, all medical waste transported to an offsite medical waste
treatment facility shall be transported in accordance with this
chapter by a registered hazardous waste transporter issued a
registration certificate pursuant to Chapter 6 (commencing with
Section 118025) and Article 6.5 (commencing with Section 25167.1) of
Chapter 6.5 of Division 20.  A hazardous waste transporter
transporting medical waste shall have a copy of the transporter's
valid hazardous waste transporter registration certificate in the
transporter's possession while transporting medical waste.  The
transporter shall show the certificate, upon demand, to any
enforcement agency personnel or authorized employee of the Department
of the California Highway Patrol.
   (b) Except for small quantity generators transporting medical
waste pursuant to Section 118030, medical waste shall be transported
to a permitted offsite medical waste treatment facility or a
permitted transfer station in leak-resistant and fully enclosed rigid
secondary containers that are then loaded into an enclosed cargo
body.
   (c) A person shall not transport medical waste in the same vehicle
with other waste unless the medical waste is separately contained in
rigid containers or kept separate by barriers from other waste, or
unless all of the waste is to be handled as medical waste in
accordance with this part.
   (d) Medical waste shall only be transported to a permitted medical
waste treatment facility, or to a transfer station or another
registered generator for the purpose of consolidation before
treatment and disposal, pursuant to this part.
   (e) Facilities for the transfer of medical waste shall be annually
inspected and issued permits in accordance with the regulations
adopted pursuant to this part.
   (f) Any persons manually loading or unloading containers of
medical waste shall be provided by their employer at the beginning of
each shift with, and shall be required to wear, clean and protective
gloves and coveralls, changeable lab coats, or other protective
clothing.  The department may require, by regulation, other
protective devices appropriate to the type of medical waste being
handled.
   118025.  All medical waste shall be hauled by either a registered
hazardous waste hauler or by a person with an approved
limited-quantity exemption granted pursuant to Section 118030.
   118030.  Medical waste generators may apply to the enforcement
agency for a limited-quantity hauling exemption, if the generator
meets all of the following requirements:
   (1) The generator generates less than 20 pounds of medical waste
per week, transports less than 20 pounds of medical waste at any one
time, and has an information document on file in the generator's
office pursuant to Section 117945.
   (2) The generator transports the waste himself or herself, or
directs a member of his or her staff to transport the waste, to a
permitted medical waste treatment facility, a transfer station, or to
another facility for the purpose of consolidation before treatment
and disposal.
            (3) The generator maintains a tracking document, as
specified in Section 118040.
   (b) The limited-quantity hauling exemption authorized by this
section is valid for a period of one year.
   (c) An application for an initial or a renewal of a
limited-quantity hauling exemption shall be accompanied by a fee of
twenty-five dollars ($25).  The application shall identify each
person who will transport waste for the transporter.  If the
generator identifies more than four persons who will be transporting
medical waste, the generator shall pay an additional fee of five
dollars ($5) for each person, up to a maximum additional fee of
twenty-five dollars ($25).
   118035.  For the purpose of transferring medical waste prior to
reaching a permitted medical waste treatment facility, the medical
waste shall not be unloaded, reloaded, or transferred to another
vehicle at any location, except at a permitted medical waste transfer
station or in the case of a vehicle breakdown or other emergency.
   118040.  (a) A hazardous waste transporter or generator
transporting medical waste shall maintain a completed tracking
document of all medical waste removed for treatment or disposal.  A
hazardous waste transporter or generator who transports medical waste
to a facility, other than the final medical waste treatment
facility, shall also maintain tracking documents that show the name,
address, and telephone number of the medical waste generator, for
purposes of tracking the generator of medical waste when the waste is
transported to the final medical waste treatment facility.  At the
time the medical waste is received by a hazardous waste transporter,
the transporter shall provide the medical waste generator with a copy
of the tracking document for the generator's medical waste records.
The transporter or generator transporting medical waste shall
maintain its copy of the tracking document for three years.
   (b) The tracking document shall include, but not be limited to,
all of the following information:
   (1) The name, address, telephone number, and registration number
of the transporter, unless transported pursuant to Section 118030.
   (2) The type and quantity of medical waste transported.
   (3) The name, address, and telephone number of the generator.
   (4) The name, address, telephone number, permit number, and the
signature of an authorized representative of the permitted facility
receiving the waste.
   (5) The date the medical waste is collected or removed from the
generator's facility, the date the waste is received by the transfer
station, or the registered large quantity generator for the purpose
of consolidation, if applicable, and the date the waste is received
by the treatment facility.
   (c) Any hazardous waste transporter or generator transporting
medical waste in a vehicle shall have a tracking document in his or
her possession while transporting the waste.  The tracking document
shall be shown upon demand to any enforcement agency personnel or an
officer of the Department of the California Highway Patrol.  If the
waste is transported by rail, vessel, or air, the railroad
corporation, vessel operator, or airline shall enter on the shipping
papers any information concerning the waste that the enforcement
agency may require.
   (d) A hazardous waste transporter or a generator transporting
medical waste shall provide the facility receiving the medical waste
with the original tracking document.
   (e) Each hazardous waste transporter and each medical waste
treatment facility shall provide tracking data periodically and in a
format as determined by the department.
   (f) Medical waste transported out of state shall be consigned to a
permitted medical waste treatment facility in the receiving state.
If there is no permitted treatment facility in the receiving state or
if the medical waste is crossing an international border, the waste
shall be treated in accordance with Chapter 9 (commencing with
Section 118215) prior to being transported out of the state.
   118045.  (a) The department shall charge an application fee for a
permit for a transfer station equal to one hundred dollars ($100) for
each hour which the department spends on processing the application,
but not more than ten thousand dollars ($10,000), or as provided in
the regulations adopted by the department.
   (b) In addition to the fee specified in subdivision (a), the
annual permit fee for a transfer station issued a permit pursuant to
subdivision (e) of Section 118000 is two thousand dollars ($2,000),
or as provided in the regulations adopted pursuant to this part.

      CHAPTER 7.  MEDICAL WASTE TREATMENT FACILITY PERMITS

   118130.  All offsite medical waste treatment facilities and
transfer stations shall be permitted and inspected by the department.
  All onsite medical waste treatment facilities shall be permitted
and inspected by the enforcement agency.
   118135.  On or before April 1, 1991, each person operating a
medical waste treatment facility shall obtain a permit pursuant to
this chapter from the department.  If the medical waste treatment
facility begins operation after April 1, 1991, the permit shall be
obtained pursuant to this article prior to commencement of the
treatment facility's operation.
   118140.  A health care facility accepting medical waste for
treatment from the physicians and surgeons who are on the staff of
the facility and who are small quantity generators shall be
classified as an onsite treatment facility and shall be permitted and
inspected by the enforcement agency.
   118145.  A health care facility accepting medical waste for
treatment from small quantity generators that are adjacent to the
facility shall be classified as an onsite treatment facility and
shall be permitted and inspected by the enforcement agency.
   118150.  (a) Each enforcement agency shall follow procedures that
are consistent with this chapter, and the regulations adopted
pursuant to this chapter, when issuing medical waste permits.
   (b) Each person operating a medical waste treatment facility
pursuant to a hazardous waste facilities permit or grant of interim
status pursuant to Article 9 (commencing with Section 25200) of
Chapter 6.5 of Division 20, as of January 1, 1991, shall be
considered to have the medical waste permit required by this article
until January 1, 1992, unless the enforcement agency with
jurisdiction over its activities has taken final action prior to
January 1, 1992, on an application for a permit pursuant to this
article.
   (c) Each medical waste facility subject to subdivision (b) shall
operate in accordance with the standards and procedures contained in
this chapter, and on and after January 1, 1991, is not subject to the
standards and procedures contained in Chapter 6.5 (commencing with
Section 25100) of Division 20.
   118155.  Any person required to obtain a permit pursuant to this
part shall file with the enforcement agency an application, on forms
prescribed by the department, containing, but not limited to, all of
the following:
   (a) The name of the applicant.
   (b) The business address of the applicant.
   (c) The type of treatment provided, the treatment capacity of the
facility, a characterization of the waste treated at this facility,
and the estimated average monthly quantity of waste treated at the
facility.
   (d) A disclosure statement, as provided in Section 25112.5, except
for onsite medical waste treatment facilities.
   (e) Evidence satisfactory to the enforcement agency that the
operator of the medical waste treatment facility has the ability to
comply with this part and the regulations adopted pursuant to this
part.
   (f) Any other information required by the enforcement agency for
the administration or enforcement of this part or the regulations
adopted pursuant to this part.
   118160.  (a) Prior to issuing or renewing a permit for an offsite
medical waste treatment facility pursuant to Section 118130, the
department shall review the compliance history of the applicant,
under any local, state, or federal law or regulation governing the
control of medical waste or pollution, including, but not limited to,
the Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
   (b) The department shall, pursuant to this section, deny a permit,
or specify additional permit conditions, to ensure compliance with
applicable regulations, if the department determines that in the
three-year period preceding the date of application the applicant has
violated laws or regulations identified in subdivision (a) at a
facility owned or operated by the applicant, and the violations
demonstrate a recurring pattern of noncompliance or pose, or have
posed, a significant risk to public health and safety or to the
environment.
   (c) In addition to any other information required to be submitted
for the permitting of a facility pursuant to Section 118130, an
applicant who has owned or operated a facility regulated by the
department shall provide a description of all violations described in
subdivision (a), that occurred at any facility permitted and owned
or operated by the applicant in the state in the three years prior to
the date of application.
   (d) In making the determination of whether to deny a permit or to
specify additional permit conditions pursuant to subdivision (b), the
department shall take both of the following into consideration:
   (1) Whether a permit denial or permit condition is appropriate or
necessary given the severity of the violation.
   (2) Whether the violation has been corrected in a timely fashion.

   118165.  On and after April 1, 1991, all persons operating a
medical waste treatment facility shall maintain individual records
for a period of three years and shall report or submit to the
enforcement agency upon request, all of the following information:
   (a) The type of treatment facility and its capacity.
   (b) All treatment facility operating records.
   (c) Copies of the tracking documents for all medical waste it
receives for treatment from offsite generators or from hazardous
waste haulers.
   118170.  (a) A medical waste permit issued by the enforcement
agency to a medical waste treatment facility shall be valid for five
years.
   (b) An application for renewal of the permit shall be filed with
the enforcement agency not less than 90 days prior to the expiration
date.  If a permittee fails to make a timely application for renewal,
the medical waste permit shall expire on the expiration date.
   118175.  (a) A medical waste permit may be renewed if the
enforcement agency finds the permittee has been in substantial
compliance with this part and the regulations adopted pursuant to
this part during the preceding permitted period or that the permittee
corrected previous violations in a timely manner.
   (b) Upon approval of the enforcement agency, a permit may be
transferred from one subsidiary to another subsidiary of the same
corporation, from a parent corporation to one of its subsidiaries, or
from a subsidiary to a parent corporation.
   118180.  A person required to obtain a medical waste permit shall,
at all times, possess a valid permit for each facility in operation.
  A medical waste permit shall terminate prior to its expiration date
if suspended or revoked pursuant to Section 118350 or,
notwithstanding Section 118355, if either of the following occurs:
   (a) The permittee sells or otherwise transfers the facility,
except as specified in subdivision (b) of Section 118175.
   (b) The permittee surrenders the permit to the enforcement agency
because the permittee ceases operation.
   118185.  The enforcement agency shall issue a medical waste permit
upon evaluation, inspection, or records review of the applicant if
the applicant is in substantial compliance with this part and the
regulations adopted pursuant to this part and the applicant has
corrected any previous violations.  A decision to issue or not to
issue the permit shall be made by the enforcement agency within 180
days of the time that the application is deemed complete, unless
waived by the applicant.
   118190.  When issuing, renewing, or revising any treatment
facility permit, the enforcement agency may prohibit or condition the
handling or treatment of medical waste to protect the public health
and safety.
   118195.  An enforcement agency shall inform an applicant for a
medical waste permit, in writing, upon the denial of any application
for the permit.  Within 20 days after the enforcement agency mails
the notice, the applicant may present a written petition for a
hearing to the enforcement agency.  Upon receipt by the enforcement
agency of the petition in proper form, the petition shall be set for
hearing.
   If the department is the enforcement agency, the proceedings shall
commence with the filing of a statement of issues and shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the department has all the powers granted to a department in that
chapter.
   If the department is not the enforcement agency, the hearings
shall be held in accordance with the ordinance adopting the medical
waste management program.
   118200.  The enforcement agency shall evaluate, inspect, and
review the records of medical waste treatment facilities for
compliance with this part.
   118205.  The fee schedule specified in Section 118210 shall cover
the issuance of medical waste treatment facility permits and an
inspection program, when the department serves as the enforcement
agency.  This fee schedule shall be adjusted annually in accordance
with Section 100425.  On or before January 1, 1993, the department
may adjust by regulation the fees specified in Section 118210 to
reflect the actual costs of implementing this chapter.  Local
enforcement agencies shall set fees that shall be sufficient to cover
their costs in implementing this part with regard to large quantity
generators.
   118210.  (a) The department shall charge an annual permit fee for
an offsite medical waste treatment facility equal to either
two-tenths of a cent($0.002) for each pound of medical waste treated
or ten thousand dollars ($10,000), whichever is greater.
   (b) The department shall charge an initial application fee for
each type of treatment technology at an offsite medical waste
treatment facility equal to one hundred dollars ($100) for each hour
the department spends processing the application, but not more than
fifty thousand dollars ($50,000), or as provided in the regulations
adopted by the department.

      CHAPTER 8.  TREATMENT

   118215.  A person generating or treating medical waste shall
ensure that the medical waste is treated by one of the following
methods, thereby rendering it solid waste, that is not otherwise
hazardous, prior to disposal:
   (a) Incineration at a permitted medical waste treatment facility
in a controlled-air, multichamber incinerator, or other method of
incineration approved by the department that provides complete
combustion of the waste into carbonized or mineralized ash.
Monitoring for release of airborne pathogens from medical waste
incinerators shall be conducted as prescribed by the department.
   (b) (1) Discharge to a public sewage system if the medical waste
is liquid or semiliquid, and not either of the following:
   (A) Liquid or semiliquid laboratory waste, as defined in
subdivision (a) of Section 117635.
   (B) Microbiological specimens, including those specified in
subdivision (b) of Section 117635.
   (2) Medical waste discharge shall be consistent with the waste
discharge requirements placed on the public sewer system by the
California regional water quality control board with jurisdiction.
   (c) Steam sterilization at a permitted medical waste treatment
facility or by other sterilization, in accordance with all of the
following operating procedures for steam sterilizers or other
sterilization:
   (1) Standard written operating procedures shall be established for
biological indicators, or for other indicators of adequate
sterilization approved by the department, for each steam sterilizer,
including time, temperature, pressure, type of waste, type of
container, closure on container, pattern of loading, water content,
and maximum load quantity.
   (2) Recording or indicating thermometers shall be checked during
each complete cycle to ensure the attainment of 121* Centigrade (250*
Fahrenheit) for at least one-half hour, depending on the quantity
and density of the load, in order to achieve sterilization of the
entire load.  Thermometers shall be checked for calibration annually.
  Records of the calibration checks shall be maintained as part of
the facility's files and records for a period of three years or for
the period specified in the regulations.
   (3) Heat-sensitive tape, or another method acceptable to the
enforcement agency, shall be used on each biohazard bag or sharps
container that is processed onsite to indicate the attainment of
adequate sterilization conditions.
   (4) The biological indicator Bacillus stearothermophilus, or other
indicator of adequate sterilization as approved by the department,
shall be placed at the center of a load processed under standard
operating conditions at least monthly to confirm the attainment of
adequate sterilization conditions.
   (5) Records of the procedures specified in paragraphs (1), (2),
and (4) shall be maintained for a period of not less than three
years.
   (d) (1) Other alternative medical waste treatment methods that are
both of the following:
   (A) Approved by the department.
   (B) Result in the destruction of pathogenic microorganisms.
   (2) Any alternative medical waste treatment method proposed to the
department shall be evaluated by the department and either approved
or rejected pursuant to the criteria specified in this subdivision.

   118220.  Recognizable human anatomical remains, with the exception
of teeth not deemed infectious by the attending physician and
surgeon, or dentist shall be disposed of by incineration or interment
unless otherwise hazardous.
   118225.  (a) Sharps waste shall be rendered noninfectious prior to
disposal by one of the following methods:
   (1) Incineration.
   (2) Steam sterilization.
   (3) Disinfection using an alternative treatment method approved by
the department.
   (b) Sharps waste rendered noninfectious pursuant to this section
may be disposed of as solid waste if the waste is not otherwise
hazardous.
   (c) Onsite medical waste treatment facilities treating sharps
waste pursuant to paragraph (2) or (3) of subdivision (a) shall
ensure that, prior to disposal, the treated sharps waste is destroyed
or that public access to the treated sharps waste is prevented.
   118230.  An operator of a hazardous waste incinerator permitted
pursuant to Section 25200 may also accept medical waste for
incineration.
   118235.  Each medical waste treatment facility issued a medical
waste permit shall provide the enforcement agency with an emergency
action plan that the facility shall follow to ensure the proper
disposal of medical waste in the event of  equipment breakdowns,
natural disasters, or other occurrences.
   118240.  Notwithstanding Section 9141 of the Food and Agricultural
Code, animals that die from infectious diseases shall be treated in
accordance with Section 118215 if, in the opinion of the attending
veterinarian or local health officer, the carcass presents a danger
of infection to humans.
   118245.  (a) The department shall charge an application fee for
evaluation of an alternative treatment technology pursuant to
subdivision (d) of Section 118215 of two thousand five hundred
dollars ($2,500) and shall charge an additional fee equal to one
hundred dollars ($100) per hour for each hour which the department
spends on processing the application, but not more than a total of
five thousand dollars ($5,000), or as provided in the regulations
adopted by the department.
   (b) The department shall charge an application fee of one thousand
dollars, ($1,000) for evaluation and approval of the use of a
medical waste mail back system, which sends medical waste generated
in this state to an out-of-state facility for treatment and disposal
pursuant to subdivision (f) of Section 118040.

      CHAPTER 9.  CONTAINMENT AND STORAGE

   118275.  To containerize or store medical waste, a person shall do
all of the following:
   (a) Medical waste shall be contained separately from other waste
at the point of origin in the producing facility.  Sharps containers
may be placed in biohazard bags or in containers with biohazard bags.

   (b) Biohazardous waste shall be placed in a red biohazard bag
conspicuously labeled with the words "Biohazardous Waste" or with the
international biohazard symbol and the word "BIOHAZARD".
   (c) Sharps waste shall be contained in a sharps container pursuant
to Section 118285.
   (d) Biohazardous waste which meets the conditions of subdivision
(g) of Section 117635 shall be segregated to ensure treatment of the
waste pursuant to subdivision (a) of Section 118215.
   118280.  To containerize biohazard bags, a person shall do all of
the following:
   (a) The bags shall be tied to prevent leakage or expulsion of
contents during all future storage, handling, or transport.
   (b) Biohazardous waste shall be bagged in accordance with
subdivision (b) of Section 118275 and placed for storage, handling,
or transport in a rigid container that may be disposable, reusable,
or recyclable.  Containers shall be leak resistant, have
tight-fitting covers, and be kept clean and in good repair.
Containers may be recycled with the approval of the enforcement
agency.  Containers may be of any color and shall be labeled with the
words "Biohazardous Waste," or with the international biohazard
symbol and the word "BIOHAZARD," on the lid and on the sides so as to
be visible from any lateral direction.  Containers meeting the
requirements specified in Section 66840 of Title 22 of the California
Code of Regulations, as it read on December 31, 1990, may also be
used until the replacement of the containers is necessary or existing
stock has been depleted.
   (c) Biohazardous waste shall not be removed from the biohazard bag
until treatment as prescribed in Chapter 8 (commencing with Section
118215) is completed, except to eliminate a safety hazard.
Biohazardous waste shall not be disposed of before being treated as
prescribed in Chapter 8.
   (d) (1) Except as provided in paragraph (5), a person generating
20 or more pounds of medical waste per month shall not contain or
store biohazardous or sharps waste above 0* Centigrade (32*
Fahrenheit) at any onsite location for more than seven days unless
the enforcement agency approves the containment or storage in
writing.  Except as provided in paragraph (5), a person generating
less than 20 pounds of biohazardous waste per month shall not contain
or store biohazardous waste above 0 degrees Centigrade (32 degrees
Fahrenheit) at any onsite location for more than 30 days.
   (2) A person may store biohazardous or sharps waste at or below 0*
Centigrade (32* Fahrenheit) at an onsite location for not more than
90 days without obtaining the written approval of the enforcement
agency.
   (3) A person may store biohazardous or sharps waste at a permitted
transfer station at or below 0* Centigrade (32* Fahrenheit) for not
more than 30 days without obtaining the approval of the enforcement
agency.
   (4) A person shall not store biohazardous or sharps waste above 0*
Centigrade (32* Fahrenheit) for more than seven days before
treatment at any location or facility that is offsite from the
generator.
   (5) Notwithstanding paragraphs (1) to (4), inclusive, if the
facility is unable to control the odor from its stored waste and the
odor poses a public nuisance, the enforcement agency may require more
frequent removal.
   118285.  To containerize sharps waste, a person shall do all of
the following:
   (a) Place all sharps waste into a sharps container.
   (b) Tape closed or tightly lid full sharps containers ready for
disposal to preclude loss of contents.
   (c) Store sharps containers ready for disposal for not more than
seven days without the written approval of the enforcement agency.
   (d) Label sharps containers with the words "sharps waste" or with
the international biohazard symbol and the word "BIOHAZARD".
   118290.  Any small quantity generator who has properly
containerized the medical waste according to the requirements of this
article may store the waste in a permitted common storage facility.

   118295.  A person shall thoroughly wash and decontaminate reusable
rigid containers for medical waste by a method approved by the
enforcement agency each time they are emptied, unless the surfaces of
the containers have been completely protected from contamination by
disposable liners, bags, or other devices removed with the waste.
These containers shall be maintained in a clean and sanitary manner.
Approved methods of decontamination include, but are not limited to,
agitation to remove visible soil combined with one of the following
procedures:
   (a) Exposure to hot water of at least 82* Centigrade (180*
Fahrenheit) for a minimum of 15 seconds.
   (b) Exposure to chemical sanitizer by rinsing with, or immersion
in, one of the following for a minimum of three minutes:
   (1) Hypochlorite solution (500 ppm available chlorine).
   (2) Phenolic solution (500 ppm active agent).
   (3) Iodoform solution (100 ppm available iodine).
   (4) Quaternary ammonium solution (400 ppm active agent).
   118300.  Any leak or spill of a medical waste by a medical waste
generator, hazardous waste hauler, or treatment facility shall be
decontaminated by procedures adopted by the department.
   118305.  A person shall not use reusable pails, drums, dumpsters,
or bins used for medical waste for the containment of solid waste, or
for other purposes, except after being decontaminated by the
procedures specified in Section 118295 and removal of all medical
waste labels.
   118310.  Any enclosure or designated accumulation area used for
the storage of medical waste containers shall be secured so as to
deny access to unauthorized persons and shall be marked with warning
signs on, or adjacent to, the exterior of entry doors, gates, or
lids.  The storage area may be secured by use of locks on entry
doors, gates, or receptacle lids.
   The wording of warning signs shall be in English,
"CAUTION--BIOHAZARDOUS WASTE STORAGE AREA--UNAUTHORIZED PERSONS KEEP
OUT," and in Spanish, "CUIDADO--ZONA DE RESIDUOS--BIOLOGICOS
PELIGROSOS--PROHIBIDA                                             LA
ENTRADA A PERSONAS NO AUTORIZADAS," or in another language, in
addition to English, determined to be appropriate by the infection
control staff or enforcement agency.  A warning sign concerning
infectious waste, as that term was defined by Section 25117.5 as it
read on December 31, 1990, that sign having been installed before
April 1, 1991, meets the requirements of this section, until the sign
is changed and as long as the sign is not moved.  Warning signs
shall be readily legible during daylight from a distance of at least
25 feet.
   Any enclosure or designated accumulation area shall provide
medical waste protection from animals and natural elements and shall
not provide a breeding place or a food source for insects or rodents.

   118315.  A person shall not use a trash chute to transfer medical
waste.
   118320.  (a) Compactors or grinders shall not be used to process
medical waste until after the waste has been treated pursuant to
Chapter 8 (commencing with Section 118215) and rendered solid waste.
However, grinding or compacting may be used when it is an integral
part of an alternative treatment method, approved by the department.

   (b) Medical waste in bags or other containers shall not be subject
to compaction by any compacting device and shall not be placed for
storage or transport in a portable or mobile trash compactor, except
as allowed pursuant to subdivision (a).

      CHAPTER 10.  ENFORCEMENT

   118325.  An enforcement agency, district attorney, city attorney,
or city prosecutor may bring an action to enjoin the violation, or
threatened violation, of this part or the regulations adopted
pursuant to this part, in the superior court in the county where the
violation occurred or is about to occur.  Any proceeding under this
section shall be in accordance with Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
except that the enforcement agency, district attorney, city attorney,
or city prosecutor is not required to allege facts necessary to show
or tending to show the lack of an adequate remedy at law or
irreparable damage or loss.
   With respect to any action brought pursuant to this section
alleging actual violation of this part or the regulations adopted
pursuant to this part, the court shall, if it finds the allegations
to be true, issue its order enjoining the continuance of the
violation.
   118330.  Whenever the enforcement agency determines that a
violation or threatened violation of this part or the regulations
adopted pursuant to this part has resulted, or is likely to result,
in a release of medical waste into the environment, the agency may
issue an order to the responsible person specifying a schedule for
compliance or imposing an administrative penalty of not more than one
thousand dollars ($1,000) per violation.  Any person who, after
notice and an opportunity for hearing, violates an order issued
pursuant to this section is guilty of a misdemeanor.  The department
shall adopt regulations that specify the requirements for providing
notice to persons to whom orders are issued and for administrative
hearings and fines concerning these orders.
   118335.  (a) In order to carry out the purpose of this part, any
authorized representative of the enforcement agency may do any of the
following:
   (1) Enter and inspect a facility for which a medical waste permit
or registration has been issued, for which a medical waste permit or
registration application has been filed, or that is subject to
registration or permitting requirements pursuant to this part.  Enter
and inspect a vehicle for which a hazardous waste hauler
registration has been issued or a limited-quantity exemption granted,
for which an application has been filed for a hazardous waste hauler
registration or a limited-quantity exemption, or that is subject to
registration requirements pursuant to this part.
   (2) Inspect and copy any records, reports, test results, or other
information related to the requirements of this part or the
regulations adopted pursuant to this part.
   (b) The inspection shall be made with the consent of the owner or
possessor of the facilities or, if consent is refused, with a warrant
duly issued pursuant to Title 13 (commencing with Section 1822.50)
of Part 3 of the Code of Civil Procedure.  However, in the event of
an emergency affecting the public health or safety, an inspection may
be made without consent or the issuance of a warrant.
   (c) Any traffic officer, as defined in Section 625 of the Vehicle
Code, and any peace officer, as defined in Section 830.1 or 830.2 of
the Penal Code, may enforce Chapter 6 (commencing with Section
118000) and this chapter, and for purposes of enforcing these
chapters, traffic officers and these peace officers are authorized
representatives of the department.
   118340.  (a) No person shall, transport, store, treat, dispose, or
cause the treatment or disposal of medical waste in a manner not
authorized by his or her permit or registration, this part, or the
regulations adopted pursuant to this part.
   (b) Any person who stores, treats, disposes, or causes the
treatment or disposal of medical waste in violation of this part or
the regulations adopted pursuant to this part is guilty of a public
offense as follows:
   (1) For a small quantity generator, a first offense is an
infraction and is punishable by a fine of not more than one thousand
dollars ($1,000).
   (2) For a person other than a small quantity generator, a first
offense is a misdemeanor punishable by a fine of not less than two
thousand dollars ($2,000), or by up to one year in county jail, or by
both the fine and imprisonment.
   (c) A person who is convicted of a second or subsequent violation
of subdivision (a) within three years of the prior conviction shall
be punished by imprisonment in the county jail for not more than one
year or by imprisonment in state prison for one, two, or three years
or by a fine of not less than five thousand dollars ($5,000), or more
than twenty-five thousand dollars ($25,000), or by both the fine and
imprisonment.  This section shall not apply unless any prior
conviction is charged in the accusatory pleading and admitted by the
defendant or found to be true by the trier of fact.  If the defendant
is a corporation that operates medical facilities in more than one
geographic location, this subdivision shall apply only if the offense
involves an adjacent facility involved in the prior conviction.
   (d) Any person who knowingly treats or disposes, or causes the
treatment or disposal of, medical waste in violation of this part
shall be punished by imprisonment in the county jail for not more
than one year or by imprisonment in the state prison for one, two, or
three years, or by a fine of not less than five thousand dollars
($5,000), or more than twenty-five thousand dollars ($25,000), or by
both the fine and imprisonment.
   (e) This section does not apply to a person transporting medical
waste who is required to be a registered hazardous waste transporter.
  Those persons are subject to penalties for violations pursuant to
Article 8 (commencing with Section 25180) of Chapter 6.5 of Division
20.
   118345.  (a) Any person who intentionally makes any false
statement or representation in any application, label, tracking
document, record, report, permit, registration, or other document
filed, maintained, or used for purposes of compliance with this part
that materially affects the health and safety of the public is liable
for a civil penalty of not more than ten thousand dollars ($10,000)
for each separate violation or, for continuing violations, for each
day that the violation continues.
   (b) Any person who fails to register or fails to obtain a medical
waste permit in violation of this part, or otherwise violates any
provision of this part, any order issued pursuant to Section 118330,
or any regulation adopted pursuant to this part, is liable for a
civil penalty of not more than ten thousand dollars ($10,000) for
each violation of a separate provision of this part or, for
continuing violations, for each day that the violation continues.

      CHAPTER 11.  SUSPENSION OR REVOCATION

   118350.  The enforcement agency may suspend, amend, or revoke any
medical waste permit issued by the enforcement agency for any of the
following reasons:
   (a) Violation by the permittee of any of the provisions of this
part or any regulation adopted pursuant to this part.
   (b) Violation of any term or condition of the permit.
   (c) Aiding, abetting, or permitting the violation specified in
subdivision (a) or (b) or interference in the performance of the duty
of the enforcement officer.
   (d) Proof that the permittee has intentionally made false
statements, or failed to disclose fully all relevant facts, in any
material regard, on the application for a medical waste permit.
   (e) The conviction of a permittee, or the person in charge of the
activity subject to the medical waste permit, of any crime that is
substantially related to the qualifications or duties of the
permittee or the person in charge of the activity, or that is
substantially related to the functions that are subject to the
medical waste permit.
   For purposes of this section, a conviction means a plea or verdict
of guilty or a conviction following a plea of nolo contendere.  An
action to revoke or suspend the medical waste permit may be taken
when the time for appeal has elapsed or the judgment of conviction
has been affirmed on appeal.  That action may also be taken when an
order granting probation is made suspending the imposition of
sentence, notwithstanding any subsequent order pursuant to Section
1203.4 of the  Penal Code.  The enforcement agency shall take into
account all competent evidence of rehabilitation furnished by the
permittee or person in charge of the permitted activity.
   (f) A change in any condition that requires either a temporary or
permanent modification, reduction, or termination of the permitted
operation to bring it into compliance with the requirements of this
part and the regulations adopted pursuant to this part.
   118355.  Proceedings conducted by the department for the
suspension or revocation of a medical waste permit shall commence
with the filing of any accusation and shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the department
shall have all the powers granted to a department in that chapter.
   118360.  The enforcement agency may temporarily suspend a medical
waste permit prior to any hearing, when it has determined that this
action is necessary to protect the public welfare.  The enforcement
agency shall notify the permittee of the temporary suspension and the
effective date thereof and, at the same time, shall serve the
permittee with an accusation.
   Upon receipt of a notice of defense by the permittee, the matter
shall, within 15 days, be set for hearing.  The hearing shall be held
as soon as possible, but not later than 30 days after receipt of the
notice.
   The temporary suspension shall remain in effect until the hearing
is completed and the enforcement agency has made a final
determination on the merits.  However, the temporary suspension is
vacated if the enforcement agency fails to make a final determination
on the merits within 60 days after the original hearing has been
completed.

      PART 15.  MISCELLANEOUS REQUIREMENTS
      CHAPTER 1.  ARTICLES OF COMMON USE
      Article 1.  Common Drinking Cups

   118375.  No person conducting, having charge of, or control of,
any hotel, restaurant, saloon, soda fountain, store, theater, public
hall, public or private school, church, hospital, club, office
building, park, playground, lavatory or washroom, barber shop,
railroad train, boat, or any other public place, building, room, or
conveyance, shall provide or expose for common use, or permit to be
so provided or exposed, or allow to be used in common, any cup,
glass, or other receptacle used for drinking purposes.
   118380.  For the purposes of this article the term "common use"
when applied to a drinking receptacle is defined as its use for
drinking purposes by, or for, more than one person without its being
thoroughly cleansed and sterilized between consecutive uses thereof
by methods prescribed by or acceptable to the department.
   118385.  No cask, water cooler, or other receptacle shall be used
for storing or supplying drinking water to the public or to employees
unless it is covered and protected so as to prevent persons from
dipping the water therefrom or contaminating the water.  All the
containers shall be provided with a faucet or other suitable device
for drawing the water.
   118390.  (a) The state department and all health officers of
counties, cities, and health districts shall enforce this article.
   (b) Pursuant to their enforcement of this article, those officers
shall also enforce Section 2441 of the Labor Code.  This section
shall not be construed to abridge or limit in any manner the
jurisdiction of the Division of Occupational Safety and Health of the
Department of Industrial Relations pursuant to Division 5
(commencing with Section 6300) of the Labor Code.
   118395.  Violation of any provision of this article is a
misdemeanor punishable by a fine not exceeding fifty dollars ($50)
for each offense.

      Article 2.  Infected Packing Material

   118400.  For the purpose of this article the term "filthy,
contaminated, or unsanitary packing material" includes any or all of
the following:
   (a) Packing material that has been exposed to contagious or
infectious disease.
   (b) Material that is contaminated with vermin.
   (c) Material that is generally filthy.
   (d) Filthy or used wood excelsior.
   (e) Excelsior made from filthy or used paper.
   118405.  Unsanitary packing material shall not be used until it
has been cleaned and disinfected to the satisfaction of the
Department of Food and Agriculture, the department, or the agents of
either or both, or by a county health officer.
   118410.  The person having the material cleaned and disinfected
shall pay the costs of the inspection.
   118415.  Every person who knowingly packs any goods intended for
delivery to other parties or for transportation by common carriers
with unsanitary packing material is guilty of a misdemeanor.

      Article 3.  Common Towels

   118425.  No person conducting, operating, or having charge or
control of, any hotel, restaurant, factory, store, barber shop,
office building, school, public hall, railroad train, railway
station, boat, or any other public place, room, or conveyance, shall
maintain or keep in or about any such place any towel for common use.

   118430.  For the purpose of this article the term "common use"
when applied to a towel means its use by, or for, more than one
person without its being laundered between consecutive uses of the
towel by methods prescribed by or acceptable to the department.
   118435.  The department and all health officers of counties,
cities, and health districts shall enforce this article.
   118440.  Violation of any provision of this article is a
misdemeanor punishable by a fine not exceeding fifty dollars ($50)
for each offense.

      Article 4.  Wiping Rags

   118450.  "Wiping rags," as used in this article means cloths and
rags, other than reusable rental cloths or towels, used for any or
all of the following purposes:
   (a) Wiping and cleaning the surfaces of machinery, machines,
tools, locomotives, engines, motor cars, automobiles, cars,
carriages, windows, furniture, and surfaces of articles, appliances,
and engines in factories, shops, steamships, and steamboats.
   (b) Generally for cleaning in industrial employment.
   (c) Used by mechanics and workmen for wiping from their hands and
bodies soil incident to their employment.
   118455.  No person shall supply or furnish to his or her employees
for wiping rags, or sell or offer for sale for wiping rags, any
soiled wearing apparel, underclothing, bedding, or parts of soiled or
used underclothing, wearing apparel, bedclothes, bedding, or soiled
rags or cloths unless they have been sanitized by methods prescribed
by or acceptable to the department.
   118460.  Every local health officer or registered sanitarian, upon
proper demand and notice of his or her authority, may, during
business hours, enter any place where wiping rags are used, are kept
for sale, or offered for sale, and inspect the wiping rags.  No
person shall refuse to permit the inspection, or impede or obstruct
the officer during the inspection.
   118465.  On and after July 1, 1975, it shall be unlawful for any
person to operate any business of laundering, sanitizing, or selling
wiping rags unless, in addition to any other permit that may be
required, he or she has a valid permit issued by the local health
officer pursuant to an ordinance of the local governing body.
   118470.  A permit to operate any business of laundering,
sanitizing, or selling wiping rags shall be issued by the local
health officer if the applicant complies with the provisions of this
article and any regulations adopted thereunder.  The governing body
of each city and county shall determine the amount of any fee for the
issuance of a permit pursuant to provisions of this article for any
business within the territory under its jurisdiction.  The amount of
the fee shall not exceed the amount necessary to defray the costs of
administering this article.  The permit for operation shall be posted
in a conspicuous place in the business establishment for which the
permit is issued.  Any permit issued pursuant to this article may be
suspended or revoked for any violation of any of the provisions of
this article, the regulations adopted thereunder, or any condition of
the permit required by the ordinance of the local governing body.
Nothing in this article shall preempt local regulation of the
business of laundering, sanitizing, or selling wiping rags, and any
local governing body may adopt an ordinance containing requirements
more restrictive than those contained in regulations adopted pursuant
to this article.
   The local health officer shall issue and serve upon the permit
holder a notice setting forth in clear and concise language the act
or omission upon which the violation is based, when the permit holder
is charged with any violation and shall inform the permit holder of
his or her rights to a hearing prior to suspension or revocation.  At
any time within the 15 days after service of the notice, the permit
holder may request a hearing before the local health officer to show
cause why his or her permit should not be suspended or revoked.  A
failure to request a hearing within 15 days shall be deemed a waiver
of a right to a hearing.
   The local health officer may call a hearing for the purpose of
investigating any violations of this article.
   118475.  The local health officer authorized to issue permits to
launder, sanitize, or sell wiping rags shall keep a record of
suspension or revocation of permits and a register of:
   (a) The names and places of business of persons to whom permits
are issued.
   (b) The date of issue and number of each permit.
   118480.  Before being sold or offered for sale, each package or
parcel of wiping rags shall be plainly marked "sanitized wiping rags,"
and in addition it shall be plainly marked with the name and
location of the laundry where the rags were laundered and sanitized.

   118485.  No machinery or appliances used for laundering clothing
and articles for personal wear or household use shall be used for
laundering soiled rags or soiled cloth material for wiping rags.
   118490.  Every person who violates any provision of this article
is guilty of a misdemeanor.

      CHAPTER 2.  RESTROOMS
      Article 1.  Public Restrooms

   118500.  Every public agency that conducts an establishment
serving the public or open to the public and that maintains therein
restroom facilities for the public, shall make every water closet for
each sex maintained within the facilities available without cost or
charge to the patrons, guests, or invitees of the establishment.
"Public agency" as used in this section means only the state and any
agency of the state and a city, a county, and a city and county.
   118505.  (a) Publicly and privately owned facilities where the
public congregates shall be equipped with sufficient temporary or
permanent restrooms to meet the needs of the public at peak hours.
   (b) In conformity with the State Plumbing Code, and except as
otherwise provided in this section, standards shall be adopted in
order to enforce this section, as follows:
   (1) The State Building Standards Commission shall adopt standards
with respect to all state-owned or state-occupied facilities where
the public congregates and over which it has jurisdiction pursuant to
Section 18934.5.
   (2) The Office of the State Architect shall adopt standards with
respect to all facilities where the public congregates and that are
not covered by paragraph (1), unless exempt from coverage pursuant to
this section.
   (c) The standards adopted pursuant to subdivision (b) shall be
published in the State Building Standards Code contained in Title 24
of the California Code of Regulations.
   (d) This section shall apply to facilities where the public
congregates that commence construction, or that undertake structural
alterations, repairs, or improvements exceeding 50 percent of the
entire facility, on or after January 1, 1989.
   (e) For the purposes of this section, "facilities where the public
congregates" means sports and entertainment arenas, stadiums,
community and convention halls, specialty event centers, amusement
facilities, and ski resorts.
   For purposes of this section, "facilities where the public
congregates" also means specialty event centers in public parks.
   (f) This section shall not apply to the following:
   (1) Any hotel.  For purposes of this section, "hotel" means an
establishment in which there exists the relationship of guests and
innkeeper between the occupants and the owner or operator of the
establishment.  The existence of some other legal relationship
between the occupants and owner or operator shall be immaterial.
   (2) Any restaurant or food facility, as defined in Section 113785.

   (3) Any public or private elementary or secondary  school
facility.
   (4) Any qualified historic building, defined as qualifying under
provisions in the State Historical Building Code contained in Part 8
(commencing with Section 8-100) of Title 24 of the California Code of
Regulations.
   (g) It is the intent of the Legislature that, in order to ensure
that standards are both viable and efficacious, the Office of the
State Architect and the State Building Standards Commission hold a
series of public meetings with representatives of affected industries
and state and local agencies prior to adopting standards under this
section.

      Article 2.  Food Facility Restroom Requirements (Reserved)
      Article 3.  Food Processor Restroom Requirements (Reserved)
      Article 4.  Other Restroom Requirements (Reserved)
      CHAPTER 3.  MISCELLANEOUS NOISE CONTROL

   118825.  The Legislature, recognizing the growing problem of noise
pollution throughout the state and that we are daily assaulted with
increased noise from advancing technology, machines, vehicles, and
human clamor, declares that excessive noise must be considered a
degradation of our environment and a health hazard to our citizens.
   The Legislature further declares that it is particularly concerned
that the proposed supersonic transport aircraft may significantly
increase the noise level in the areas surrounding our state's
airports unless preventive legal sanctions are invoked.
   The Legislature is compelled to enact a noise limit for aircraft
landing in the state, as a necessary and proper function of its
police powers, in order to protect the health and welfare of the
citizens of this state.
   118830.  (a) Except in an emergency situation, no private or
commercial aircraft entering commercial service after the effective
date of this section may land or take off within the state if it
produces noise in excess of the federal certification limits for
subsonic jet transport aircraft as set forth in Title 14, Code of
Federal Regulations, Part 36.
   (b) The prohibition contained in this section shall not apply in
the case of an aircraft of a type or class manufactured or in
production on or before the effective date of this section where the
manufacture of the aircraft is ordered and the aircraft is delivered
for commercial service no later than three years after the effective
date of this section.

      CHAPTER 4.  INDOOR AIR QUALITY
      Article 1.  California Indoor Clean Air Act of 1976

   118875.  This article and Article 2 (commencing with Section
118920) shall be known and may be cited as the California Indoor
Clean Air Act of 1976.
   118880.  The Legislature finds and declares that tobacco smoke is
a hazard to the health of the general public.
   118885.  Within indoor rooms, indoor chambers, or indoor places of
public assembly in publicly owned buildings in which public business
is conducted requiring or providing direct participation or
observation by the general public there shall be a contiguous area of
not less than 50 percent of the total area of the room, chamber, or
place designated and posted by signs of sufficient number and posted
in locations as to be readily seen by persons within the area, where
the smoking of tobacco is prohibited while a public meeting is in
progress.  A public body, commission, agency, or other entity
conducting a public meeting may waive the requirements of this
section with respect to its own members, provided that the rights of
nonsmoking members are not adversely affected.
   118890.  Every health facility, as defined in Section 1250, and
clinic, as defined in Section 1200, shall comply with the following:

   (a) Shall make every reasonable effort to assign patients to rooms
according to the patient's individual nonsmoking or smoking
preference.
   (b) Shall designate and post by signs of sufficient number and
posted in locations as to be readily seen by persons within the area,
a contiguous area of not less than 20 percent of every cafeteria or
other dining area whose occupied capacity is 50 or more persons as a
nonsmoking section.
   (c) This section shall not prevent any health facility or clinic
from banning smoking in any area that it may designate and post by
sign or in                                             all areas of
the facility or clinic.
   118895.  Within every publicly owned building open to the general
public for the primary purpose of exhibiting any motion picture,
stage drama, music recital, or any other performance, with the
exception of any indoor sporting event, signs shall be posted in
sufficient number and in locations as to be readily seen by persons
within the area, that shall designate that the smoking of tobacco is
prohibited in any area other than that commonly known as the lobby.
This prohibition shall not apply except during those times when the
building is actually open to the public.
   118900.  Within every restaurant in a publicly owned building
serving food or alcoholic beverages in rooms whose occupied capacity
is 50 or more persons there shall be designated and posted by signs
of sufficient number and posted in locations as to be readily seen by
persons within the area, a contiguous area of not less than 20
percent of the serving area where the smoking of tobacco is
prohibited.
   (a) This section shall not apply to banquet rooms in use for
private functions.
   (b) This section shall not apply to premises under lease as a
restaurant for the time as the lessee of record on January 1, 1977,
has a lease as the operator of the restaurant.
   (c) As used in this section, "restaurant" means any place
designated as a restaurant by Section 28522.
   118905.  Any person may apply for a writ of mandate to compel
compliance by any public entity that has not complied with the
requirements of this article and Article 3 (commencing with Section
118920) for the designating or posting of nonsmoking areas or areas
where the smoking of tobacco is prohibited.  If judgment is given for
the applicant, he or she may recover all reasonable costs of the
suit, including reasonable attorney fees, reasonableness to be
determined by the court.
   118910.  The Legislature declares its intent not to preempt the
field of regulation of the smoking of tobacco.  A local governing
body may ban completely the smoking of tobacco, or may regulate
smoking in any manner not inconsistent with this article and Article
3 (commencing with Section 118920) or any other provision of state
law.
   118915.  (a) Except as provided in subdivision (b), no person
shall smoke any tobacco product in any retail food production and
marketing establishment, as defined in Section 28802, during the
hours the establishment is open to the public.
   (b) The provisions of subdivision (a) shall not apply to that
portion of an establishment subject to Section 118900 nor to an area
of an establishment set aside for employee smoking and not open to
the public.

      Article 2.  Smoking in Private and Public Transportation

   118920.  (a) The Legislature hereby finds and declares that the
United States Surgeon General's 1986 Report on the Health
Consequences of Involuntary Smoking conclude all of the following:
   (1) Involuntary smoking is a cause of disease, including lung
cancer, in healthy nonsmokers.
   (2) The children of parents who smoke compared with the children
of nonsmoking parents have an increased frequency of respiratory
infections, increased respiratory symptoms, and slightly smaller
rates of increase in lung function as the lungs mature.
   (3) The simple separation of smokers and nonsmokers within the
same air space may reduce, but does not eliminate, the exposure of
nonsmokers to environmental tobacco smoke.
   (b) The Legislature further finds and declares the following:
   (1) Nonsmokers have no adequate means to protect themselves from
the damage inflicted upon them when they involuntarily inhale tobacco
smoke.
   (2) Regulation of smoking in public places is necessary to protect
the health, safety, welfare, comfort, and environment of nonsmokers.

   (c) It is, therefore, the intent of the Legislature, in enacting
this article, to eliminate smoking on public transportation vehicles.

   118925.  It is unlawful for any person to smoke tobacco or any
other plant product in any vehicle of a passenger stage corporation,
the National Railroad Passenger Corporation (Amtrak) except to the
extent permitted by federal law, in any aircraft except to the extent
permitted by federal law, on a public transportation system, as
defined by Section 99211 of the Public Utilities Code, or in any
vehicle of an entity receiving any transit assistance from the state.

   118930.  A notice prohibiting smoking, displayed as a symbol and
in English, shall be posted in each vehicle  or aircraft subject to
this article.
   118935.  (a) Every person and public agency providing
transportation services for compensation, including, but not limited
to, the National Railroad Passenger Corporation (Amtrak) to the
extent permitted by federal law, passenger stage corporations, and
local agencies that own or operate airports, shall designate and
post, by signs of sufficient number and posted in locations that may
be readily seen by persons within the area, a contiguous area of not
less than 75 percent of any area made available by the person or
public agency as a waiting room for these passengers where the
smoking of tobacco is prohibited.  Not more than 25 percent of any
given area may be set aside for smokers.
   (b) Every person or public agency subject to subdivision (a) shall
also post, by sign of sufficient number and posted in locations as
to be readily seen by persons within the area of any building where
tickets, tokens, or other evidences that a fare has been paid for
transportation services that are provided by the person or public
agency, a notice that the smoking of tobacco by persons waiting in
line to purchase the tickets, tokens, or other evidences that a fare
has been paid is prohibited.
   (c) It is unlawful for any person to smoke in an area posted
pursuant to this section.
   118940.  This article does not preempt any local ordinance on the
same subject where a local ordinance is more restrictive to the
benefit of the nonsmoker.
   118945.  Any violation of this article is an infraction
punishable by a fine not exceeding one hundred dollars ($100) for a
first violation, by a fine not exceeding two hundred dollars ($200)
for a second violation within one year, or by a fine not exceeding
five hundred dollars ($500) for a third and for each subsequent
violation within one year.

      Article 3.  Tobacco Distribution

   118950.  (a) The Legislature hereby finds and declares the
following:
   (1) Smoking is the single most important source of preventable
disease and premature death in California.
   (2) Smoking is responsible for one-quarter of all death caused by
fire.
   (3) Tobacco-related disease places a tremendous financial burden
upon the persons with the disease, their families, the health care
delivery system, and society as a whole.
   (4) Despite laws in at least 44 states prohibiting the sale of
tobacco products to minors, each day 3,000 children start using
tobacco products in this nation.  Children under the age of 18
consume 947 million packages of cigarettes in this country yearly.
   (5) The earlier a child begins to use tobacco products, the more
likely it is that the child will be unable to quit.
   (6) More than 60 percent of all smokers begin smoking by the age
of 14, and 90 percent begin by age 19.
   (7) Use of smokeless tobacco products among minors in this state
is increasing.
   (8) Smokeless tobacco or chewing tobacco is harmful to the health
of individuals and may cause gum disease, mouth or oral cancers,
increased tooth decay and leukoplakia.
   (9) Tobacco product advertising and promotion are an important
cause of tobacco use among children.  More money is spent advertising
and promoting tobacco products than any other consumer product.
   (10) Distribution of tobacco product samples and coupons is a
recognized source by which minors obtain tobacco products, beginning
the addiction process.
   (11) It is the intent of the Legislature that keeping children
from beginning to use tobacco products in any form and encouraging
all persons to quit tobacco use shall be among the highest priorities
in disease prevention for the State of California.
   (b) It is unlawful for any person, agent, or employee of a person
in the business of selling or distributing smokeless tobacco or
cigarettes from engaging in the nonsale distribution of any smokeless
tobacco or cigarettes to any person in any public building, park or
playground, or on any public sidewalk, street, or other public
grounds.
   (c) For purposes of this section:
   (1) "Nonsale distribution" means to give smokeless tobacco or
cigarettes to the general public at no cost, or at nominal cost, or
to give coupons or rebate offers for smokeless tobacco or cigarettes
to the general public at no cost or at nominal cost.  Distribution of
tobacco products or coupons or rebate offers in connection with the
sale of another item, including tobacco products, cigarette lighters,
magazines, or newspapers shall not constitute nonsale distribution.

   (2) "Smokeless tobacco" means (A) a loose or flat, compressed cake
form of tobacco that may be chewed or held in the mouth or (B) a
shredded, powdered, or pulverized form of tobacco that may be inhaled
through the nostrils, chewed, or held in the mouth.
   (3) "Public building, park, playground, sidewalk, street, or other
public grounds" means any structure or outdoor area that is owned,
operated, or maintained by any public entity, including, but not
limited to:  city and county streets and sidewalks, parade grounds,
fair grounds, public transportation facilities and terminals, public
reception areas, public health facilities, public recreational
facilities, and public office buildings.
   (d) Any person who violates this section shall be liable for a
civil penalty of not less than two hundred dollars ($200) for one
act, five hundred dollars ($500) for two acts, and one thousand
dollars ($1,000) for each succeeding violation.  Each distribution of
a single package, coupon, or rebate offer to an individual member of
the general public in violation of this section shall be considered
a separate violation.
   (e) Nothing contained in this section or any other provision of
law shall invalidate an ordinance of, or be construed to prohibit the
adoption of an ordinance by, a city or county regulating
distribution of smokeless tobacco or cigarette samples within its
boundaries that is more restrictive than this section.  If this
occurs, the more restrictive local ordinance shall control to the
extent of any inconsistency between it and this section.
   (f) This section shall not apply to any public building, park,
playground, sidewalk, street, or other public grounds where minors
are prohibited by law.  This section also shall not apply to any
public building, park, playground, sidewalk, street, or other public
grounds leased for private functions where minors are denied access
by a peace officer or licensed security guard on the premises.

      CHAPTER 5.  ELECTRICAL HAZARDS

   119075.  (a) The Legislature intends to prevent electricity
generated by permanent or portable electric generators from
backfeeding into a utility electrical distribution system by the
enactment of this chapter.
   (b) Any portable electrical generator that is capable of being
connected temporarily to a customer's electrical system, that is
normally supplied by an electrical corporation or state or local
public agency, shall be connected only after opening the customer's
main switch so as to isolate the customer's electrical system from
that of the electrical corporation or state or local agency.
   (c) Any electrical generator,  other than a generator designed to
run in parallel with the system of the serving utility and approved
by that utility, that is capable of being permanently connected to a
customer's electrical system shall be connected only by means of a
double throw switch so as to isolate the customer's electrical system
from that of the electrical corporation or state or local agency.
   119080.  (a) Every manufacturer of a portable or permanent
electrical generator that is capable of being connected either
permanently or temporarily to a commercial, industrial, or
residential structure's electrical system, shall include a warning
statement in the generator's instruction manual and a legible warning
label on the generator that states the requirement of Section 119075
and explains the electrical hazards of backfeed into a utility's
distribution system.  The same warning information shall be included
in all advertisements offering portable electric generators.
   (b) No person or public agency shall sell, rent to another person
or public agency, or offer for sale or rent to another person or
public agency a portable electrical generator unless the legible
warning label is on a visible surface of the generator.
   119085.  (a) Every public utility or utility district shall notify
all electrical service customers of the electrical backfeed hazards
of portable and permanent electric generators.
   (b) Any owner, renter, or lessee who possesses and operates an
electric generator, when the generator is connected to a commercial,
industrial, or residential structure's electrical system that is
connected to the service of a public utility or utility district,
shall notify the utility of the location of the generator.
   119090.  (a) Any person who violates Sections 119075 to 119085,
inclusive, is guilty of a misdemeanor, and subject to a fine of not
more than five hundred dollars ($500) or not more than six months'
imprisonment.
   (b) For purposes of this section, "person" shall not include
public agencies, officers or employees of public agencies, or public
utilities.

      CHAPTER 6.  CHLOROFLUOROCARBONS

   119150.  (a) On and after October 15, 1978, no person shall
manufacture in this state a saturated chlorofluorocarbon not
containing hydrogen for use as an aerosol propellant in a can,
canister, or other container.
   (b) On and after December 15, 1978, no person shall manufacture in
this state any can, canister, or other container that is intended to
utilize an aerosol propellant chemically composed, in whole or in
part, of a saturated chlorofluorocarbon not containing hydrogen.
   (c) On and after April 15, 1979, no person shall sell in this
state any can, canister, or other container that utilizes an aerosol
propellant chemically composed, in whole or in part, of a saturated
chlorofluorocarbon not containing hydrogen.
   119155.  Notwithstanding the foregoing provisions of this chapter,
nothing in this chapter shall preclude the manufacture or sale of
saturated chlorofluorocarbons not containing hydrogen for any of the
uses exempted in currently proposed federal regulations, to be
modified as the federal regulations are modified.
   119160.  Subdivisions (a) and (b) of Section 119150 shall be
superseded by the enactment or adoption of any federal law or
regulation prohibiting the manufacture of any aerosol product
utilizing saturated chlorofluorocarbons not containing hydrogen and
prohibiting the manufacture of saturated chlorofluorocarbons not
containing hydrogen for use as an aerosol propellant in a can,
canister, or other container.
  SEC. 7.  Division 105 (commencing with Section 120100) is added to
the Health and Safety Code, to read:

      DIVISION 105.  COMMUNICABLE DISEASE PREVENTION AND CONTROL
      PART 1.  ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND
CONTROL
      CHAPTER 1.  GENERAL PROVISIONS AND DEFINITIONS

   120100.  "Health officer," as used in the Communicable Disease
Prevention and Control Act (Section 27) includes county, city, and
district health officers, and city and district health boards, but
does not include advisory health boards.
   120105.  Whenever in the Communicable Disease Prevention and
Control Act (Section 27), service or notice of any order or demand is
provided for, it shall be sufficient to do so by registered or
certified mail if a receipt therefor signed by the person to be
served or notified is obtained.  The receipt shall be prima facie
evidence of the service or notice in any civil or criminal action.
   120110.  As used in the Communicable Disease Prevention and
Control Act (Section 27) a person has "active tuberculosis disease"
when either one of the following occur:
   (a) A smear or culture taken from any source in the person's body
has tested positive for tuberculosis and the person has not completed
the appropriate prescribed course of medication for active
tuberculosis disease.
   (b) There is radiographic, current clinical, or laboratory
evidence sufficient to support a medical diagnosis of tuberculosis
for which treatment is indicated.
   120115.  As used in the Communicable Disease Prevention and
Control Act (Section 27) the following terms have the following
meanings, unless the context indicates otherwise:
   (a) "Infectious tuberculosis disease" means active or suspected
active tuberculosis disease in an infectious state.
   (b) "Tuberculosis infection" means the latent phase of
tuberculosis, during which the infected person cannot spread
tuberculosis to others.
   (c) "Heightened risk of tuberculosis exposure" means likely
exposure to persons with infectious tuberculosis disease.
   (d) "The appropriate prescribed course of medication for
tuberculosis disease" means that course recommended by the health
officer, the most recent guidelines of the department, the most
recent guidelines of the Centers for Disease Control and Prevention,
or the most recent guidelines of the American Thoracic Society.
   (e) "Directly observed therapy" means the appropriately prescribed
course of treatment for tuberculosis disease in which the prescribed
antituberculosis medications are administered to the person or taken
by the person under direct observation of a health care provider or
a designee of the health care provider approved by the local health
officer.
   (f) An "examination" for tuberculosis infection or disease means
conducting tests, including, but not limited to, Mantoux tuberculin
skin tests, laboratory examination, and X-rays, as recommended by any
of the following:
   (1) The local health officer.
   (2) The most recent guidelines of the state department.
   (3) The most recent guidelines of the Centers for Disease Control
and Prevention.
   (4) The most recent guidelines of the American Thoracic Society.
   (g) "State correctional institution" means a prison, institution,
or other facility under the jurisdiction of the Department of
Corrections or the Department of the Youth Authority.
   (h) "Local detention facility" is defined in Section 6031.4 of the
Penal Code.
   (i) "Penal institution" means either a state correctional
institution or a local detention facility.
   (j) "Health facility" means a licensed health facility as defined
in Sections 1250, 1250.2, and 1250.3.
   (k) "Health officer" or "local health officer" includes his or her
designee.

      CHAPTER 2.  FUNCTIONS AND DUTIES OF THE STATE DEPARTMENT OF
HEALTH SERVICES

   120125.  The department shall examine into the causes of
communicable disease in man and domestic animals occurring or likely
to occur in this state.
   120130.  The department shall establish a list of reportable
diseases.  The list of reportable diseases may include both
communicable and noncommunicable diseases.  The list may include
those diseases that are either known to be, or suspected of being,
transmitted by milk or milk-based products.  The  list shall also
include, but not be limited to, diphtheria, listeria, salmonella,
shigella, streptococcal infection in food handlers or dairy workers,
and typhoid.  This list may be changed at any time by the department.
  Those diseases listed as reportable shall be properly reported as
required to the department by the health officer.
   The department may from time to time adopt and enforce regulations
requiring isolation (strict or modified) or quarantine for any of
the contagious, infectious, or communicable diseases if in the
opinion of the department the action is necessary for the protection
of the public health.
   The health officer may require isolation (strict or modified) or
quarantine for any case of contagious, infectious, or communicable
disease when this action is necessary for the protection of the
public health.  This list shall be published in Title 17 of the
California Code of Regulations.
   120135.  The department may establish and maintain places of
quarantine or isolation.
   120140.  Upon being informed by a health officer of any
contagious, infectious, or communicable disease the department may
take measures as are necessary to ascertain the nature of the disease
and prevent its spread.  To that end, the department may, if it
considers it proper, take possession or control of the body of any
living person, or the corpse of any deceased person.
   120142.  (a) The state director may order examinations for
tuberculosis infection in the following persons for the purpose of
directing preventive measures:
   (1) Persons in close contact with persons with infectious
tuberculosis disease.
   (2) Other persons for whom the state director has reasonable
grounds to determine are at heightened risk of tuberculosis exposure.

   (b) An order for examination for tuberculosis infection shall be
in writing and shall include other terms and conditions as may be
necessary to protect the public health.
   120145.  The department may quarantine, isolate, inspect, and
disinfect persons, animals, houses, rooms, other property, places,
cities, or localities, whenever in its judgment the action is
necessary to protect or preserve the public health.
   120150.  The department may destroy such objects as bedding,
carpets, household goods, furnishings, materials, clothing, or
animals, when ordinary means of disinfection are considered unsafe,
and when the property is in its judgment, an imminent menace to the
public health.

      CHAPTER 3.  FUNCTIONS AND DUTIES OF LOCAL HEALTH OFFICERS

   120175.  Each health officer knowing or having reason to believe
that any case of the diseases made reportable by regulation of the
department, or any other contagious, infectious or communicable
disease exists, or has recently existed, within the territory under
his or her jurisdiction, shall take measures as may be necessary to
prevent the spread of the disease or occurrence of additional cases.

   120180.  If the health officer of any county having a population
of 5,000,000 or more employs personnel as inspectors or investigators
in the enforcement of the Communicable Disease Prevention and
Control Act (Section 27), who are not otherwise licensed, registered,
nor certified by this state, the personnel shall meet any one of the
following minimum standards and qualifications:
   (a) Possess a bachelor's degree in public health from an
institution on the list of accredited colleges of the United States
Office of Education.
   (b) Possess a bachelor's degree with a minimum of 30 semester
units of basic sciences from an institution on the list of accredited
colleges of the United States Office of Education; or a statement
from an accredited institution that the applicant has successfully
completed a minimum of 16 semester units distributed among at least
the following fields: public health and administration, epidemiology,
public health statistics, public health microbiology, and
communicable disease control.
   (c) Possess a bachelor's degree from an institution on the list of
accredited colleges of the United States Office of Education; and
have had at least one year of full-time experience or the equivalent
in investigation or inspection work in public health or law
enforcement.
   (d) Be employed as an inspector or investigator in communicable
disease prevention and control by a county health department in the
State of California, and have passed an official civil service
examination therefor prior to the effective date of this section.
   120185.  In the case of a local epidemic of disease, the health
officer shall report at those times as are requested by the
department all facts concerning the disease, and the measures taken
to abate and prevent its spread.
   120190.  Each health officer shall immediately report by telegraph
or telephone to the department every discovered or known case or
suspect case of those diseases designated for immediate reporting by
the department.  Within 24 hours after investigation each health
officer shall make reports as the department may require.
   120195.  Each health officer shall enforce all orders, rules, and
regulations concerning quarantine or isolation prescribed or directed
by the department.
   120200.  Each health officer, whenever required by the department,
shall establish and maintain places of quarantine or isolation that
shall be subject to the special directions of the department.
   120205.  No quarantine shall be established by a county or city
against another county or city without the written consent of the
department.
   120210.  Whenever in the judgment of the department it is
necessary for the protection or preservation of the public health,
each health officer shall, when directed by the department, do the
following:
   (a) Quarantine or isolate and disinfect persons, animals, houses
or rooms, in accordance with general and specific instructions of the
department.
   (b) Destroy bedding, carpets, household goods, furnishings,
materials, clothing, or animals, when ordinary means of disinfection
are considered unsafe, and when the property is, in the judgment of
the department, an imminent menace to the public health.
   When the property is destroyed pursuant to this section, the
governing body of the locality where the destruction occurs may make
adequate provision for compensation in proper cases for those injured
thereby.
   120215.  Upon receiving information of the existence of
contagious, infectious, or communicable disease for which the
department may from time to time declare the need for strict
isolation or quarantine, each health officer shall:
   (a) Ensure the adequate isolation of each case, and appropriate
quarantine of the contacts and premises.
   (b) Follow local rules and regulations, and all general and
special rules, regulations, and orders of the department, in carrying
out the quarantine or isolation.
   120220.  When quarantine or isolation, either strict or modified,
is established by a health officer, all persons shall obey his or her
rules, orders, and regulations.
                            120225.  A person subject to quarantine
or strict isolation, residing or in a quarantined building, house,
structure, or other shelter, shall not go beyond the lot where the
building, house, structure, or other shelter is situated, nor put
himself or herself in immediate communication with any person not
subject to quarantine, other than the physician, the health officer
or persons authorized by the health officer.
   120230.  No instructor, teacher, pupil, or child who resides where
any contagious, infectious, or communicable disease exists or has
recently existed, that is subject to strict isolation or quarantine
of contacts, shall be permitted by any superintendent, principal, or
teacher of any college, seminary, or public or private school to
attend the college, seminary, or school, except by the written
permission of the health officer.
   120235.  No quarantine shall be raised until every exposed room,
together with all personal property in the room, has been adequately
treated, or, if necessary, destroyed, under the direction of the
health officer; and until all persons having been under strict
isolation are considered noninfectious.
   120240.  If, pursuant to Section 120130, a modified isolation
order is issued, and the order is not complied with, the local health
officer may, in that instance, issue a strict isolation order.
   120245.  Each health officer, other than a county health officer,
in the county shall transmit to the county health officer at least
weekly in writing a report showing the number and character of
infectious, contagious, or communicable diseases reported, and their
location.
   120250.  All physicians, nurses, clergymen, attendants, owners,
proprietors, managers, employees, and persons living, or visiting any
sick person, in any hotel, lodginghouse, house, building, office,
structure, or other place where any person is ill of any infectious,
contagious, or communicable disease, shall promptly report that fact
to the health officer, together with the name of the person, if
known, the place where he or she is confined, and the nature of the
disease, if known.

      CHAPTER 4.  VIOLATIONS

   120275.  Any person who, after notice, violates, or who, upon the
demand of any health officer, refuses or neglects to conform to, any
rule, order, or regulation prescribed by the department respecting a
quarantine or disinfection of persons, animals, things, or places, is
guilty of a misdemeanor.
   120280.  Inasmuch as the orders provided for by Section 121365 are
for the protection of the public health, any person who, after
service upon him or her of an order of a local health officer as
provided in Section 121365 violates or fails to comply with the
order, is guilty of a misdemeanor.  Upon conviction thereof, in
addition to any and all other penalties that may be imposed by law
upon the conviction, the person may be ordered by the court confined
until the order of the local health officer shall have been fully
complied with or terminated by the local health officer, but not
exceeding one year from the date of passing judgment upon the
conviction, further, the court, upon suitable assurances that the
order of the local health officer will be complied with, may place
any person convicted of a violation of the order of the local health
officer upon probation for a period not to exceed two years, upon
condition that the order of the local health officer be fully
complied with, further, upon any subsequent violation of the order of
the local health officer, the probation shall be terminated and
confinement as provided for in this section shall be ordered by the
court.  Confinement may be accomplished by placement in any
appropriate facility, penal institution, or dwelling approved for the
specific case by the local health officer.
   120285.  Upon any subsequent conviction under the provisions of
Section 120280, the court may order the person confined for a period
not exceeding one year for the subsequent conviction, or other
penalty as provided by that section.
   120290.  Except in the case of the removal of an afflicted person
in a manner the least dangerous to the public health, any person
afflicted with any contagious, infectious, or communicable disease
who wilfully exposes himself, and any person who wilfully exposes
another person afflicted with the disease, is guilty of a
misdemeanor.
   120295.  Any person who violates any section in Chapter 3
(commencing with Section 120175, but excluding Sections 120130 and
120195), is guilty of a misdemeanor, punishable by a fine of not less
than fifty dollars ($50) nor more than one thousand dollars
($1,000), or by imprisonment for a term of not more than 90 days, or
by both.  He or she is guilty of a separate offense for each day that
the violation continued.
   120300.  The district attorney of the county where a violation of
Sections 121365 and 120280 may be committed, shall prosecute all
those violations and, upon the request of a health officer, shall
prosecute, as provided in Section 120280, violations of any order of
a health officer made and served as provided in Section 121365 or
Section 120105.
   120305.  Every person who possesses any intoxicating liquor in or
on any public hospital or sanatorium providing for the treatment of
tuberculosis or within the boundaries of the grounds belonging
thereto is guilty of a misdemeanor.  This section shall not prohibit
(a) the possession of any intoxicating liquor used for medicinal
purposes when issued pursuant to a written order of a physician
licensed to practice medicine under the laws of the State of
California, (b) the possession of any intoxicating liquor by
personnel for his or her own use who resides at the hospital or
sanatorium or on the grounds thereof, (c) the possession of any
intoxicating liquor used by a minister of the gospel or priest or
rabbi in a religious sacrament or ceremony or (d) the service of wine
to a patient as part of the hospital's regular menu or bill of fare
if the patient is located in a portion of the premises wholly
separate and isolated from patients receiving treatment for
tuberculosis.

      PART 2.  IMMUNIZATIONS
      CHAPTER 1.  EDUCATIONAL AND CHILD CARE FACILITY IMMUNIZATION
REQUIREMENTS

   120325.  In enacting Chapter 1 (commencing with Section 120325,
but excluding Section 120380) and in enacting Sections 120400,
120405, 120410, and 120415, it is the intent of the Legislature to
provide:
   (a) A means for the eventual achievement of total immunization of
appropriate age groups against  the following childhood diseases:
   (1) Diphtheria.
   (2) Hepatitis B.
   (3) Haemophilus influenzae type b.
   (4) Measles.
   (5) Mumps.
   (6) Pertussis (whooping cough).
   (7) Poliomyelitis.
   (8) Rubella.
   (9) Tetanus.
   (10) Any other disease that is consistent with the most current
recommendations of the United States Public Health Services' Centers
for Disease Control Immunization Practices Advisory Committee and the
American Academy of Pediatrics Committee of Infectious Diseases, and
deemed appropriate by the department.
   (b) That the persons required to be immunized be allowed to obtain
immunizations from whatever medical source they so desire, subject
only to the condition that the immunization be performed in
accordance with the regulations of the department and that a record
of the immunization is made in accordance with the regulations.
   (c) Exemptions from immunization for medical reasons or because of
personal beliefs.
   (d) For the keeping of adequate records of immunization so that
health departments, schools, and other institutions, parents or
guardians, and the persons immunized will be able to ascertain that a
child is fully or only partially immunized, and so that appropriate
public agencies will be able to ascertain the immunization needs of
groups of children in schools or other institutions.
   (e) Incentives to public health authorities to design innovative
and creative programs that will promote and achieve full and timely
immunization of children.
   120330.  The department, in consultation with the Department of
Education, shall adopt and enforce all regulations necessary to carry
out Chapter 1 (commencing with Section 120325, but excluding Section
120380) and to carry out Sections 120400, 120405, 120410, and
120415.
   120335.  (a) As used in Chapter 1 (commencing with Section 120325,
but excluding Section 120380) and as used in Sections 120400,
120405, 120410, and 120415, the term "governing authority" means the
governing board of each school district or the authority of each
other private or public institution responsible for the operation and
control of the institution or the principal or administrator of each
school or institution.
   (b) The governing authority shall not unconditionally admit any
person as a pupil of any private or public elementary or secondary
school, child care center, day nursery, nursery school, family day
care home, or development center, unless prior to his or her first
admission to that institution he or she has been fully immunized.
The following are the diseases for which immunizations shall be
documented:
   (1) Diphtheria.
   (2) Haemophilus influenzae type b, except for children who have
reached the age of four years, six months.
   (3) Measles.
   (4) Mumps, except for children who have reached the age of seven
years.
   (5) Pertussis (whooping cough), except for children who have
reached the age of seven years.
   (6) Poliomyelitis.
   (7) Rubella.
   (8) Tetanus.
   (9) Any other disease deemed appropriate by the department, taking
into consideration the recommendations of the United States Public
Health Services' Centers for Disease Control Immunization Practices
Advisory Committee and the American Academy of Pediatrics Committee
of Infectious Diseases.
   (c) The department may specify the immunizing agents that may be
utilized and the manner in which immunizations are administered.
   120340.  A person who has not been fully immunized against one or
more of the diseases listed in Section 120335 may be admitted by the
governing authority on condition that within time periods designated
by regulation of the department he or she presents evidence that he
or she has been fully immunized against all of these diseases.
   120345.  The immunizations required by Chapter 1 (commencing with
Section 120325, but excluding Section 120380) and required by
Sections 120400, 120405, 120410, and 120415 may be obtained from any
private or public source desired if the immunization is administered
and records are made in accordance with regulations of the
department.
   120350.  The county health officer of each county shall organize
and maintain a program to make immunizations available to all persons
required by Chapter 1 (commencing with Section 120325, but excluding
Section 120380) and required by Sections 120400, 120405, 120410, and
120415 to be immunized.  The county health officer shall also
determine how the cost of the program is to be recovered.  To the
extent that the cost to the county is in excess of that sum recovered
from persons immunized, the cost shall be paid by the county in the
same manner as other expenses of the county are paid.
   120355.  Any person or organization administering immunizations
shall furnish each person immunized, or his or her parent or
guardian, with a written record of immunization given in a form
prescribed by the department.
   120360.  The requirements of Chapter 1 (commencing with Section
120325, but excluding Section 120380) and of Sections 120400, 120405,
120410, and 120415 shall not apply to any person 18 years of age or
older, or to any person seeking admission to a community college.
   120365.  Immunization of a person shall not be required for
admission to a school or other institution listed in Section 120335
if the parent or guardian or adult who has assumed responsibility for
his or her care and custody in the case of a minor, or the person
seeking admission if an emancipated minor, files with the governing
authority a letter or affidavit stating that the immunization is
contrary to his or her beliefs.  However, whenever there is good
cause to believe that the person has been exposed to one of the
communicable diseases listed in subdivision (a) of Section 120325,
that person may be temporarily excluded from the school or
institution until the local health officer is satisfied that the
person is no longer at risk of developing the disease.
   120370.  If the parent or guardian files with the governing
authority a written statement by a licensed physician to the effect
that the physical condition of the child is such, or medical
circumstances relating to the child are such, that immunization is
not considered safe, indicating the specific nature and probable
duration of the medical condition or circumstances that
contraindicate immunization, that person shall be exempt from the
requirements of Chapter 1 (commencing with Section 120325, but
excluding Section 120380) and Sections 120400, 120405, 120410, and
120415 to the extent indicated by the physician's statement.
   120375.  (a) The governing authority of each school or institution
included in Section 120335 shall require documentary proof of each
entrant's immunization status.  The governing authority shall record
the immunizations of each new entrant in the entrant's permanent
enrollment and scholarship record on a form provided by the
department.  The immunization record of each new entrant admitted
conditionally shall be reviewed periodically by the governing
authority to ensure that within the time periods designated by
regulation of the department he or she has been fully immunized
against all of the diseases listed in Section 120335, and
immunizations received subsequent to entry shall be added to the
pupil's immunization record.
   (b) The governing authority of each school or institution included
in Section 120335 shall prohibit from further attendance any pupil
admitted conditionally who failed to obtain the required
immunizations within the time limits allowed in the regulations of
the department, unless the pupil is exempted under Section 120365 or
120370, until that pupil has been fully immunized against all of the
diseases listed in Section 120335.
   (c) The governing authority shall file a written report on the
immunization status of new entrants to the school or institution
under their jurisdiction with the department and the local health
department at times and on forms prescribed by the department.  As
provided in paragraph (4) of subdivision (a) of Section 49076 of the
Education Code, the local health department shall have access to the
complete health information as it relates to immunization of each
student in the schools or other institutions listed in Section 120335
in order to determine immunization deficiencies.
   (d) The governing authority shall cooperate with the county health
officer in carrying out programs for the immunization of persons
applying for admission to any school or institution under its
jurisdiction.  The governing board of any school district may use
funds, property, and personnel of the district for that purpose.  The
governing authority of any school or other institution may permit
any licensed physician or any qualified registered nurse as provided
in Section 2727.3 of the Business and Professions Code to administer
immunizing agents to any person seeking admission to any school or
institution under its jurisdiction.
   120380.  It is the intent of the Legislature that the
administration of immunizing agents by registered nurses in school
immunization programs under the direction of a supervising physician
and surgeon as provided in Section 11704 of the Education Code shall
be in accordance with accepted medical procedure.  To implement this
intent, the department may adopt written regulations specifying the
procedures and circumstances under which a registered nurse, acting
under the direction of a supervising physician and surgeon, may
administer an immunizing agent pursuant to Section 11704 of the
Education Code.
   However, nothing in this section shall be construed to prevent any
registered nurse from administering an immunizing agent in
accordance with Section 11704 of the Education Code in the absence of
written regulations as the department is authorized to adopt under
this section.

      CHAPTER 2.  DEPARTMENT OF HEALTH SERVICES PROVISION OF FUNDS,
IMMUNIBIOLOGICS, AND ACCESS TO IMMUNIBIOLOGICS

   120400. The department may establish an immunization outreach
program.
   120405.  (a) A local health officer, or consortium of local health
officers, may establish permanent, temporary, or mobile sites and
programs, for the purpose of immunizing children, or performing
outreach to refer parents to other programs that provide
immunizations and comprehensive health services.  These sites for
referral or immunization may include, but are not limited to, the
following:
   (1) Public places where parents of children at high risk of
remaining unimmunized reside, shop, worship, or recreate.
   (2) School grounds, either during regular hours, or evening hours
or on weekends.
   (3) On or adjacent to sites of public- or community-based agencies
or programs that either provide or refer persons to public
assistance programs or services.
   (b) Outreach programs shall, to the extent feasible, include
referral components intended to link immunized children with
available public or private primary care providers, in order to
increase access to continuing pediatric care, including subsequent
immunization services as necessary.
   120410.  The population to be targeted by the program shall
include children who do not receive immunizations through private
third-party sources or other public sources with priority given to
infants and children from birth up to age three.  Outreach programs
shall include information to the families of children being immunized
about possible reactions to the vaccine and about followup referral
sources.
   120415.  The Health and Welfare Agency may waive state
administrative, eligibility, and billing requirements that apply to
other public assistance programs through which immunization and
comprehensive health services outreach and vaccination are offered,
for counties that establish streamlined administrative, eligibility,
billing, and referral procedures between those public assistance
programs, and the immunization and comprehensive health services
programs established pursuant to Sections 120400 through 120415,
inclusive.
   120420.  The department shall provide financial assistance to
county and areawide immunization campaigns under the direction of
local health officers for the prevention of rubella.
   120425.  All moneys appropriated to the department for the
purposes of this section and Section 120420 shall be made available
to local health departments, as defined in Section 101185, or to
areawide associations of local health departments.  All moneys
received by the local departments or areawide associations shall be
utilized only for the purchase of rubella vaccines, other necessary
supplies and equipment for rubella immunization campaigns, and
promotional costs of such campaigns.  No moneys appropriated for the
purpose of this section and Section 120420 shall be used by the
department or by any local department or areawide association for
administrative purposes, and no such moneys may be used to supplant
or support local health department clinics and programs already
regularly operated by such the departments, but may be used only for
additional county or areawide rubella immunization campaigns.  All
moneys appropriated for the purposes of this section and Section
120420 shall be expended by March 31, 1971.
   120430.  (a) The Legislature finds and declares that 1990 marks
one of the worst measles epidemics in recent history and that this
epidemic threatens the health and safety of our schoolaged children.

   The Legislature finds and declares that, according to the Center
for Disease Control and the American Academy of Pediatrics, current
medical technology suggests that in order to be fully immunized
against measles, children should receive two doses of the
immunization agent for measles before the age of seven years.
   It is the intent of the Legislature to ensure that all possible
steps are taken to combat the spread of any disease through
California schools.
   (b) The department, in consultation with the State Department of
Education, shall develop and adopt regulations to ensure that every
student in any private or public elementary or secondary school,
child care center, day nursery, nursery school, or development center
shall have access to full immunization against measles, as
determined by the Center for Disease Control, to the extent funds are
available.
   Priority shall be given to children who have not received any type
of measles immunization.
   120435.  The department shall purchase or prepare, and distribute
free of cost, under any regulations as may be necessary, anti-rabic
virus to be used in the treatment of persons exposed to rabies when
they declare that it would be a hardship for them to pay for
anti-rabic treatment.

      CHAPTER 3.  IMMUNIZATION REACTIONS

   120450.  It is the intent of the Legislature to provide for care,
including medical, institutional, supportive, and rehabilitative
care, necessitated because of severe adverse reaction to any
immunization required by state law to be administered to children
under 18 years of age.
   As used in this chapter, a severe adverse reaction is one that
manifests itself not more than 30 days after the immunization and
requires extensive medical care, as defined by regulation of the
department.
   Medical expenses shall be reimbursed by the department in an
amount not to exceed twenty-five thousand dollars ($25,000).
   Eligibility for reimbursement under this section shall be limited
to persons requiring extensive medical care, as defined by the
department pursuant to this section.  Such reimbursement shall be
made without regard to ability to pay and neither the parents nor the
estates of the persons shall be liable for repayment to the state of
any portion of the amounts reimbursed pursuant to this chapter.
   The department shall, by regulation, establish procedures for
processing claims pursuant to this section.
   Whenever reimbursement is provided for medical expenses under this
chapter, the state shall be subrogated to the rights of the person
receiving reimbursement of medical expenses for any amounts due to or
recoverable by the person from third parties.  The subrogation shall
be for an amount equal to any claim reimbursed under this chapter.
   There is hereby created in the State Treasury the Immunization
Adverse Reaction Fund, that shall be administered by the department
and is appropriated without regard to fiscal years.  Reimbursements
made pursuant to this chapter shall be made from the Immunization
Adverse Reaction Fund.
   120455.  No person shall be liable for any injury caused by an act
or omission in the administration of a vaccine or other immunizing
agent to a minor, including the residual effects of the vaccine or
immunizing agent, if the immunization is either required by state
law, or given as part of an outreach program pursuant to Sections
120400 through 120415, inclusive, and the act or omission does not
constitute willful misconduct or gross negligence.

      CHAPTER 4.  REPORTS

   120475.  On or before March 15, 1991, and on or before March 15 of
each year thereafter, the department shall submit a report to the
Legislature on all of the following issues:
   (a) The immunization status of young children in the state, based
on available data.
   (b) The steps taken to strengthen immunization efforts,
particularly efforts through the Child Health and Disability
Prevention Program.
   (c) The steps taken to improve immunization levels among currently
underserved minority children, young children in family day care and
other child care settings, and children with no health insurance
coverage.
   (d) The improvements made in ongoing methods of immunization
outreach and education in communities where immunization levels are
disproportionately low.
   (e) Its recommendations for a comprehensive strategy for fully
immunizing all California children and its analysis of the funding
necessary to implement the strategy.

      PART 3.  SEXUALLY TRANSMITTED DISEASE
      CHAPTER 1.  PREVENTION AND CONTROL

   120500.  As used in the Communicable Disease Prevention and
Control Act (Section 27) "venereal diseases" means syphilis,
gonorrhea, chancroid, lymphopathia venereum, and granuloma inguinale.

   120505.  The department shall develop and review plans and provide
leadership and consultation for, and participate in, a program for
the prevention and control of venereal disease.
   120510.  The department shall cooperate in the prevention,
control, and cure of venereal diseases with physicians and surgeons;
medical schools; public and private hospitals, dispensaries, and
clinics; public and private school, college and university
authorities; penal and charitable institutions; reform and industrial
schools; detention homes; federal, state, local and district health
officers, and boards of health, and all other health authorities;
institutions caring for the mentally ill; and with any other persons,
institutions, or agencies.
   120515.  The department shall investigate conditions affecting the
prevention and control of venereal diseases and approved procedures
for prevention and control, and shall disseminate educational
information relative thereto.
   120520.  The department shall conduct educational and publicity
work as it may deem necessary; and, from time to time, shall cause to
be issued, free of charge, copies of regulations, pamphlets, and
other literature as it deems reasonably necessary.
   120525.  The department may establish, maintain, and subsidize
clinics, dispensaries, and prophylactic stations for the diagnosis,
treatment, and prevention of venereal diseases, and may provide
medical, advisory, financial, or other assistance to the clinics,
dispensaries, and stations as may be approved by it.  No clinic,
dispensary, or prophylactic station shall be approved unless it meets
the requirements of the board and complies with its regulations.
   120530.  The department may furnish treatment for a case or for a
group of cases in rural counties or cities upon the recommendation of
the local health officer if adequate facilities for the treatment
are not                                              available in the
county or city.
   120535.  Any state agency conducting a public hospital shall admit
acute venereal disease cases, when, in the opinion of the department
or the local health officer having jurisdiction, persons infected
with venereal disease may be a menace to public health.
   120540.  The department may require any physician in attendance on
a person infected or suspected of being infected with a venereal
disease infection to submit specimens as may be designated for
examination, when in its opinion the procedure is reasonably
necessary to carry out the provisions and purposes of this chapter.

   120545.  The examination may be made in the state laboratory or in
a local public health laboratory designated by the department or in
a clinical laboratory that is under the immediate supervision and
direction of a clinical laboratory technologist or a licensed
physician and surgeon.
   120550.  Nothing in this chapter limits any person's freedom to
have additional examinations made elsewhere than specified in this
chapter.
   120555.  Every diseased person shall give all information required
by this chapter, including the name and address of any person from
whom the disease may have been contracted and to whom the disease may
have been transmitted.
   120560.  Every diseased person shall from time to time submit to
approved examinations to determine the condition of the disease.
   120565.  If any person subject to proper venereal disease control
measures discontinues any control procedure required by this chapter,
the agency administering the procedure prior to the discontinuance
shall make reasonable efforts to determine whether the person is
continuing to comply with the procedure elsewhere.
   120570,  If it appears reasonably likely that the person is not
complying with the procedure elsewhere, the agency that was
administering the procedure prior to the discontinuance shall make
all reasonable efforts to induce the person to comply; and if it
thereafter appears reasonably likely that he or she has failed to
comply, shall report his or her name and address to the local health
officer or board of health, or to the department where there is no
local health officer or board.
   120575.  It is the duty of the local health officers to use every
available means to ascertain the existence of cases of infectious
venereal diseases within their respective jurisdictions, to
investigate all cases that are not, or probably are not, subject to
proper control measures approved by the board, to ascertain so far as
possible all sources of infection, and to take all measures
reasonably necessary to prevent the transmission of infection.
   120580.  Notwithstanding any other provision of law, a person
employed by a public health department as a venereal disease case
investigator may perform venipuncture or skin puncture for the
purpose of withdrawing blood for test purposes, upon specific
authorization from a licensed physician and surgeon, even though he
or she is not otherwise licensed to withdraw blood; provided that the
person meets all of the following requirements:
   (a) He or she works under the direction of a licensed physician
and surgeon.
   (b) He or she has been trained by a licensed physician and surgeon
in the proper procedures to be employed when withdrawing blood, in
accordance with training requirements established by the board, and
has a statement signed by the instructing physician and surgeon that
the training has been successfully completed.
   120585.  Local health officers may inspect and quarantine any
place or person when the procedure is necessary to enforce the
regulations of the board or the department.
   120590.  It is the duty of the district attorney of the county
where a violation of this chapter may occur to prosecute the person
accused of the violation.
   120595.  In any prosecution for a violation of any provision of
this chapter, or any rule or regulation of the board made pursuant to
this chapter, or in any quarantine proceeding authorized by this
chapter, or in any habeas corpus or other proceeding in which the
legality of the quarantine is questioned, any physician, health
officer, spouse, or other person shall be competent and may be
required to testify against any person against whom the prosecution
or other proceeding was instituted, and the privileges provided by
Sections 970, 971, 980, 994, and 1014 of the Evidence Code are not
applicable to or in any such prosecution or proceeding.
   120600.  Any person who refuses to give any information to make
any report, to comply with any proper control measure or examination,
or to perform any other duty or act required by this chapter, or who
violates any provision of this chapter or any rule or regulation of
the state board issued pursuant to this chapter, or who exposes any
person to or infects any person with any venereal disease; or any
person infected with a venereal disease in an infectious state who
knows of the condition and who marries or has sexual intercourse, is
guilty of a misdemeanor.
   120605.  Nothing in this chapter shall be construed to interfere
with the freedom of any adherent of teachings of any well-recognized
religious sect, denomination, or organization to depend exclusively
upon prayer for healing in accordance with the teachings of the
religious sect, denomination, or organization.  Any such person,
along with any person treating him or her, shall be exempt from all
provisions of this chapter regarding venereal diseases, except that
the provisions of this code and the regulations of the board
regarding compulsory reporting of communicable diseases and the
quarantine of those diseases, and regarding callings that a person
with venereal disease may not engage, shall apply.

      CHAPTER 2.  PRENATAL SYPHILIS TESTS

   120675.  "Approved laboratory" as used in this chapter means a
laboratory approved by the department, or any other laboratory whose
director is licensed by the department according to law.
   120680.  "Standard laboratory blood test" as used in this chapter
means a test for syphilis approved by the department.
   120685.  Every licensed physician and surgeon or other person
engaged in prenatal care of a pregnant woman, or attending the woman
at the time of delivery, shall obtain or cause to be obtained a blood
specimen of the woman at the time of the first professional visit or
within 10 days thereafter.
   120690.  The blood specimen thus obtained shall be submitted to an
approved laboratory for a standard laboratory test for syphilis.
   120695.  In submitting a specimen to a laboratory the physician
shall designate it as a prenatal test or a test following recent
delivery.
   120700.  The laboratory shall submit the laboratory reports of
records to the department as are required by regulation of the
department.  The health officer may destroy any copies of reports
that have been retained by him or her pursuant to this section for a
period of two years.
   120705.  All laboratory reports are confidential, and are not open
to public inspection.
   120710.  In case of question concerning the accuracy of a test
required by this chapter, it is mandatory upon the department to
accept specimens for checking purposes from any district in the
state.
   120715.  Any licensed physician and surgeon, or other person
engaged in attendance upon a pregnant woman or a recently delivered
woman, or any representative of a laboratory who violates any
provision of this chapter, is guilty of a misdemeanor.  However, a
licensed physician and surgeon, or other person engaged in attendance
upon a pregnant or recently delivered woman, whose request for a
specimen is refused, is not guilty of a misdemeanor for failure to
obtain it.

      CHAPTER 3.  INFORMATION ON VENERAL DISEASE MATERIALS

   120750.  The department shall develop and prepare posters and
leaflets that inform the public of venereal disease and make the
posters and leaflets available to the California State Board of
Pharmacy for distribution.
   The department may determine the size, shape, and materials of the
posters and leaflets so as to adequately fulfill the purposes of
this chapter.

      PART 4.  HUMAN IMMUNODEFICIENCY VIRUS (HIV)
      CHAPTER 1.  DEFINITIONS

   120775.  As used in this code:
   (a) "AIDS" means acquired immune deficiency syndrome.
   (b) "Human immunodeficiency virus" or "HIV" means the etiologic
virus of AIDS.
   (c) "HIV test" means any clinical test, laboratory or otherwise,
used to identify  HIV, a component of HIV, or antibodies or antigens
to HIV.

      CHAPTER 2.  CALIFORNIA ACQUIRED IMMUNE DEFICIENCY SYNDROME
(AIDS) PROGRAM (CAP)
   120800.  The intent of the Legislature in enacting this chapter is
as follows:
   (a) To fund specified pilot AIDS education programs.
   (b) To fund pilot projects to demonstrate the value of
noninstitutional health care services such as hospice, home health,
and attendant care in controlling costs and providing humane care to
people with AIDS and AIDS-related conditions.
   (c) To fund clinical research.
   (d) To fund the development of an AIDS Mental Health Project.
   (e) To fund specified needs assessments, studies, and program
evaluations.
   (f) To authorize the use of funds appropriated by Section 6 of
Chapter 23 of the Statutes of 1985 for preventive education for
individuals who are seropositive as a result of antibody testing.
   (g) To promote broad-based support for AIDS programs by
encouraging community level networking and coordination of efforts
among private sector, nonprofit, and public service agencies as well
as health care professionals and providers of essential services.
   (h) To promote an aggressive community-based HIV infection
prevention program in all communities and areas where behaviors and
prevalence indicate high risk of HIV infection, and to encourage
local programs to involve racial and ethnic minorities in a leading
role to plan the development, implementation, and evaluation of
preventive education, HIV testing, delivery of care, and research
activities that are necessary to the formation of a comprehensive,
community-based, culturally sensitive HIV infection prevention
strategy.
   (i) To promote education of health care practitioners concerning
new clinical manifestations of HIV, particularly among women and
children.
   120805.  (a) The department shall:
   (1) Additionally, use funds appropriated by Section 6 of Chapter
23 of the Statutes of 1985 for purposes of making reimbursements to
counties pursuant to Section 120895, for preventive education for
individuals who are seropositive as a result of antibody testing.
   (2) Issue contracts to evaluate the effectiveness of the AIDS
information and education program conducted by the department.
   (3) Issue contracts for development and implementation of pilot
programs of professional education and training for hospital, home
health agency, and attendant care workers.
   (4) Issue contracts for the development and  implementation of
pilot programs to reduce the spread of AIDS through residential
detoxification and outpatient detoxification and treatment services
for intravenous drug users with AIDS or AIDS-related conditions.
   (5) Monitor state and federal AIDS-related budget and policy
development, and coordinate budget items to ensure that funding for
matters related to AIDS is adequate and complete within the
department each fiscal year.
   (6) Develop and maintain an information clearinghouse within the
department including periodic updates or releases to inform health
professionals or community organizations providing services to people
with AIDS or AIDS-related conditions of the status of current or new
clinical drug trials.  These updates shall be compiled through
review of scientific journals and in conjunction with the UC AIDS
Task Force and researchers conducting clinical drug trials in
California.
   (7) Review, edit, and input summaries from scientific journals
into the Computerized AIDS Information Network (CAIN), and do
outreach about CAIN availability to health professionals.
   (8) Develop and conduct a needs assessment of the availability of
supportive services for people with AIDS or AIDS-related conditions.
The needs assessment shall be conducted in conjunction with the
state's AIDS education contractors and with any public or private
agencies providing services to people with AIDS or AIDS-related
conditions.
   (9) Promote information and education programs for the general
public to correct misinformation about AIDS.  This shall include, but
need not be limited to, periodic press releases to the printed and
broadcast media and public service announcements.
   (10) Prepare a report to the Legislature on the feasibility of
coordinating various levels of health care, including health facility
licensure categories within one program in a city and county that
would serve persons with HIV infections, AIDS-related complex, and
AIDS.  The levels of health care to be covered in the report include,
but are not limited to, general acute care hospital, acute
psychiatric hospital, skilled nursing facility, hospice, intermediate
care facility, residential care facility, adult day health care
facility, and congregate living health facility.  The report shall be
developed in cooperation with the office, and shall be submitted to
the Legislature before July 1, 1990.  The director may contract for
services necessary for completion of the report that cannot be
provided through existing resources of the department.
   (11) Establish, with the assistance of other state agencies as the
department deems appropriate, centralized translation services to
facilitate development of multilanguage, culturally relevant
educational materials on HIV infection.
   (12) Include, to the extent feasible, in its HIV surveillance and
reporting practices, a breakdown of the major Asian-Pacific Islander
subgroup populations.  This breakdown shall be reflected in the
surveillance and morbidity statistics issued by the director pursuant
to Section 120825.
   (13) Include, to the extent feasible with existing resources, in
its HIV surveillance and reporting practices, information concerning
newly identified clinical manifestations of HIV infection and
available resources for health care practitioners to seek diagnostic
and treatment information.
   (b) The director shall contract for a prospective two-year study
to accomplish the following objectives:
   (1) Determine the medical costs of AIDS, comparing inpatient care,
outpatient care, physician services, and community support services.

   (2) The study shall include cost factors in the review of
inpatient costs that may not be apparent in the analysis of charges,
such as private rooms and social work.
   The study shall include an interim report to the Legislature six
months after receipt of funding and a final report to the Legislature
within two years of receipt of funding so that the state can be in a
knowledgeable position to plan for and provide the services and
funding needed to meet this public health crisis.
   (c) Notwithstanding Chapter 2 (commencing with Section 10290) of
Part 2 of Division 2 of the Public Contract Code, if the director
determines that it is in the best interest of the state to enter into
a contract for the purposes specified below without competitive
bids, then the state director may, during the 1985-86 fiscal year,
enter into a sole source contract for all of the following:
   (1) Educational program evaluation.
   (2) Education of hospital, home health agency, and attendant care
workers.
   (3) Drug education and treatment programs.
   (4) The cost-of-care study.
   (d) Notwithstanding Chapter 2 (commencing with Section 10290) of
Part 2 of Division 2 of the Public Contract Code, if the director
determines that it is in the best interest of the state to enter into
a contract for the purposes of the preparation of the feasibility
report required by paragraph (10) of subdivision (a) without
competitive bids, then the state director may enter into a sole
source contract for the preparation of the feasibility report.  The
contract for the feasibility report shall be exempt from the
requirement of approval by the Department of General Services and the
Department of Finance.
   120815.  (a) The department may provide supplemental funding to
residential AIDS shelters in accordance with Section 120810, as long
as that section is operative, and to residential care facilities for
persons with a chronic, life-threatening illness, that are licensed
in accordance with Chapter 3.01 (commencing with Section 1568.01) of
Division 2.
   (b) A residential AIDS shelter that receives a supplemental grant
and subsequently is licensed as a residential care facility for
persons with a chronic, life-threatening illness prior to the end of
the grant period shall be entitled to the full amount of the
supplemental grant.
   120817.  (a) The State Department of Health Services shall develop
and implement, with the assistance of other state agencies, a pilot
project to provide a model women's HIV early intervention center.
The Office of AIDS, within the department, shall designate areas of
the state in which to implement this pilot project.  The selection
shall be based on observed HIV and AIDS trends among women.  At a
minimum, two pilot sites shall be established.  Los Angeles County
and the Alameda/Contra Costa County area shall be considered as
possible sites for the pilot project.  The women's HIV early
intervention centers shall be linked to, or located with, AIDS
outpatient treatment clinics and clinics providing a full range of
women's health services.
   (b) Women's HIV early intervention services shall include, but not
be limited to, medical monitoring, laboratory tests, colposcopy,
mammography, HIV-related obstetrical and gynecological services,
psychosocial support, HIV transmission risk assessment, risk
reduction counseling and support, health education, nutritional
counseling, assistance with clinical drug trials, alcohol and
substance abuse treatment, and child care.
   (c) It is the intent of the Legislature that funding for
implementation of this pilot project be provided from funds allocated
to the Office of AIDS within the State Department of Health Services
for early intervention for the prevention of HIV and AIDS among
women, subject to appropriation in the Budget Act of 1994.
   (d) The department shall develop and implement this pilot project
on or before July 1, 1995.
   (e) This section shall become inoperative on June 30, 1998, and,
as of January 1, 1999, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 1999, deletes or
extends the dates on which it becomes inoperative and is repealed.
   120820.  (a) Personal data in any investigations, reports, and
information relating thereto shall be kept confidential and be
afforded protections provided by Section 100330, except as provided
by Section 1603.1 or 1603.3.
   (b) If patient-identifying information is subpoenaed from the
department, the department shall seek and the court shall issue a
protective order keeping this information confidential.  The court
order may require production, but limit the use and disclosure of,
records, require production with names and identifying information
deleted, provide sanctions for misuse of records or set forth other
methods for assuring confidentiality.
   120825.  The director shall:
   (a) Be prepared to report to the Legislature on the amounts and
recipients of contracts or block grant awards, and needs assessments
conducted by the department.
   (b) Issue once each month a public information release to the
state contractors, local health departments, medical societies or
organizations, nursing associations, hospital and hospital
administrator associations, blood banks or centers, hemophilia
associations and treatment centers, lesbian and gay health
organizations, media outlets or community organizations, and other
interested organizations or individuals, and the news media
identifying research breakthroughs, new treatment protocols,
infection control updates, surveillance and morbidity statistics, and
other current and up-to-date information regarding AIDS education,
treatment, or patient service programs.
   120830.  Pilot projects to demonstrate the cost effectiveness of
home health, attendant, or hospice care shall be initiated through a
block grant program, as described in this section.
   (a) The state director shall designate the contractors and the
amounts that contractors will receive for the block grant direct
service demonstration projects.
   (b) An amount of not more than 10 percent of the grant may be
retained by contractors for administrative overhead.  Contractors
accepting block grant funds shall compile comparative cost data
reports for transmission to the department and the Legislature.
Reports shall be made semiannually until the conclusion of the
project.
   (c) Contractors receiving direct service block grants shall:
   (1) Encourage broad-based community involvement and support for
AIDS programs and involve charitable, other nonprofit, and other
agencies as well as health care professionals as providers of
essential services.
   (2) Ensure the proposed services are not duplicated in the
community and are based on the needs of people with AIDS,
AIDS-related conditions, at-risk communities, their families or
others affected by AIDS.
   (3) Make maximum use of other federal, state, and local funds and
programs.
   (4) Provide services that are culturally and linguistically
appropriate to the population served.
   (c) Counties with existing programs of demonstrated effectiveness
in AIDS education or services shall receive equal consideration with
other applicants and shall not be penalized when awarding funds
pursuant to this chapter with respect to the proposed expansion of
their programs.
   (d) Contractors shall develop a comprehensive service system
including, but not limited to, the following essential services, that
can be provided either directly by the contractors or indirectly
through a referral network arranged by the contractor:
   (1) Provision for hospice, skilled nursing facility, home health
care, and homemaker chore services.
   (2) Individual consultation and health planning and assessment.
   (3) Information for people with AIDS or AIDS-related conditions
regarding death and dying.
   (4) Evaluation and referral services for medical care.
   (5) Referral services for mental health services, as appropriate.

   (6) Assistance in applying for financial aid or social services
that are available and for which clients qualify.
   The system of essential services developed by a contractor shall
offer maximum opportunity for involvement of family, friends,
domestic partners and of nonprofit and charitable organizations in
preventing the severe, adverse health and social consequences that
result from being diagnosed with AIDS or AIDS-related conditions.
   (e) The direct service program for provision of essential services
shall ensure:
   (1) An ongoing quality assurance program.
   (2) Confidentiality assurances and methods for developing
interagency confidentiality agreements.
   120835.  (a) The department shall amend the home health, hospice,
and attendant care pilot projects funded pursuant to this chapter, to
include, to the extent that it is cost-effective to the Medi-Cal
program or the General Fund, the payment of private health insurance
premiums for participants in the pilot projects prior to the
participants becoming eligible for Medi-Cal.
   (b) The director shall make a determination of cost-effectiveness,
that shall be reviewed by the Department of Finance.  The director
may use existing budgeted resources for services provided for
pursuant to subdivision (a).
   120840.  The Department of Mental Health shall establish an AIDS
mental health project, as described in this section.
   (a) The program should include, but need not be limited to, the
following:
   (1) The conduct of a statewide needs assessment of AIDS-related
mental health issues.
   (2) The conduct of education and training for mental health
professionals throughout the state.
   (3) The conduct, through the Office of Promotion, of a media
campaign on such issues as the use of support groups, the
relationship between stress and the immune system, and dealing with
grief.
   (b) The Department of Mental Health shall coordinate projects and
resources directly with the department.
   (c) The Director of the Department of Mental Health may appoint
advisory groups for this project as needed.
   (d) Notwithstanding any provision of Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract Code,
if the Director of Mental Health determines that it is in the best
interest of the state to enter into a contract for the purposes
specified in this section without competitive bids, then the director
may, during the 1985-86 fiscal year, enter into a sole source
contract for these purposes.
   120845.  Pilot programs to reduce the spread of AIDS through
residential detoxification and outpatient detoxification and
treatment services for intravenous drug users, as described in
paragraph (4) of subdivision (a) of Section 120805, shall be
initiated through local agency operated AIDS-related substance abuser
programs.
   (a) The director shall designate the local agency contractors and
the amounts that these contractors will receive for the AIDS-related
substance abuser demonstration programs.
   (b) The contractors shall develop a comprehensive service system
including, but not limited to, the following essential services, that
can be provided either directly by the contractors or through a
referral network arranged by the contractors:
   (1) Residential detoxification programs for intravenous drug
users.
   (2) Outpatient detoxification programs including health promotion
and health assessment for intravenous drug users.
   (3) AIDS and substance abuse information, consultation and
resource referral to providers of services to AIDS patients and to
drug treatment providers.
   (4) Outreach, health promotion, health assessment, consultation
and referrals for homeless youth substance abusers.
   120850.  The amount of two million three hundred thousand dollars
($2,300,000), appropriated pursuant to Section 2 of Chapter 767 of
the Statutes of 1985, shall be allocated to the University of
California for research into AIDS.  When expending these funds, the
university shall solicit
  and consider proposals from within the University of California
system and from universities and colleges outside the University of
California system as well.  In the expenditure of these funds, it is
the preference of the Legislature that priority be given to viral
cultures, clinical trials, and the administrative and laboratory
support services necessary to conduct the trials.
   120855.  (a) The department may use funds appropriated to it to
pay the costs, including reimbursements to contractors for
administrative costs, of providing home and community-based services
to eligible persons with a diagnosis of acquired immune deficiency
syndrome (AIDS) or AIDS related conditions (ARC) when the funds are
appropriated for that purpose.
   (b) To the extent that federal financial participation is
available, each department within the Health and Welfare Agency,
including departments designated as single state agencies for public
social services programs, shall waive regulations and general
policies and make resources available when necessary for the
provision of home and community-based care services to eligible
persons with a diagnosis of AIDS or ARC.
   120860.  (a) The department shall, in coordination with the State
Department of Alcohol and Drug Programs, develop a plan that assesses
the need for, a program of acquired immune deficiency syndrome
(AIDS) primary prevention, health education, testing, and counseling,
specifically designed for women and children, that shall be
integrated, as the department deems appropriate, into the following
programs:
   (1) The California Childrens Services Program provided for
pursuant to Article 5 (commencing with Section 123800) of Chapter 3
of Part 2 of Division 106.
   (2) Programs under the Maternal and Child Health Branch of the
department.
   (3) The Child Health Disability Prevention Program provided for
pursuant to Article 6 (commencing with Section 124025) of Chapter 3
of Part 2 of Division 106.
   (4) The Genetic Disease Program, provided for pursuant to Sections
125000 and 125005.
   (5) The Family Planning Programs, provided for pursuant to Chapter
8.5 (commencing with Section 14500) of Part 3 of Division 9 of the
Welfare and Institutions Code.
   (6) The Rural and Community Health Clinics Program.
   (7) The County Health Services Program, provided for pursuant to
Part 4.5 (commencing with Section 16700) of Division 9 of the Welfare
and Institutions Code.
   (8) The Sexually Transmitted Disease Program.
   (9) Programs administered by the State Department of Alcohol and
Drug Programs.
   (b) The AIDS-related services that shall be addressed in the plan
specified in this section shall include, but not be limited to, all
of the following:
   (1) A variety of educational materials that are appropriate to the
cultural background and educational level of the program clientele.

   (2) The availability of confidential HIV antibody testing and
counseling either onsite or by referral.
   (c) Pursuant to subdivision (a), the plan shall include a method
to provide the educational materials specified in subdivision (b) and
appropriate AIDS-related training programs for those persons who
provide direct services to women and children receiving services
under the programs specified in this section.
   (d) In order that the AIDS-related services plan provided through
the programs specified in this section be as effective as possible,
the department shall ensure that the educational materials and
training programs provided for each program specified in subdivision
(a) are developed in coordination with, and with input from, each of
the respective programs.
   (e) Nothing in this section shall preclude the department from
incorporating the plan requirements into the department's annual
state AIDS plan, or any other reporting document relating to AIDS
deemed appropriate by the department.
   120865.  (a) The department, in consultation with the State
Department of Alcohol and Drug Programs, shall review existing
programs administered by the department, the State Department of
Alcohol and Drug Programs, or both that provide services to persons
with AIDS or ARC or persons at risk of becoming infected with HIV to
identify whether there are unmet needs in targeting these programs to
substance abusers, racial and ethnic minority populations, and
women.  In reviewing the existing programs, the department shall
consider the provision of care by the existing programs outside of a
general acute care hospital setting to substance abusers, racial and
ethnic minority populations, and women by taking into account the
current availability of beds outside of a hospital setting, the
availability of those beds to substance abusers, racial and ethnic
minority populations, and women, and the projected need for
additional beds outside of a hospital setting for substance abusers,
racial and ethnic minority populations, and women.
   (b) The department shall take into account the unmet needs of
substance abusers, racial and ethnic minority populations, and women
as identified pursuant to subdivision (a) in its planning and
development of programs that provide services to persons with AIDS
and ARC.
   (c) The department shall report its findings pursuant to this
section on or before April 1, 1991.  The report shall include, but
not be limited to, recommendations suggesting programmatic changes
deemed appropriate by the department that would better meet the needs
of substance abusers, racial and ethnic minority populations, and
women with, or at risk of becoming infected with, HIV, and the fiscal
considerations for implementing the recommendations.
   120870.  (a) Every person who sells alkyl nitrites shall at the
point of sale of the alkyl nitrites, post a sign measuring no less
than five by seven inches to read as follows:
"Warning:  These products contain alkyl nitrites ("poppers').
Inhaling or swallowing alkyl nitrites may be harmful to your health.
The use of alkyl nitrites may affect the immune system.  Several
studies have suggested that their use is associated with the
development of Kaposi's sarcoma (an AIDS condition)."

   (b) The signs required by subdivision (a) shall be furnished by
the manufacturers or distributors of alkyl nitrites in California in
sufficient quantity with the shipments of alkyl nitrites to allow
posting at all points of sale.
   (c) "Point of sale" for purposes of this section is that place
within close proximity of the shelves or other area where the alkyl
nitrites are displayed for consumer purchase.

      CHAPTER 3.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
INFORMATION

   120875.  The State Department of Education shall provide
information to school districts on acquired immune deficiency
syndrome (AIDS), on AIDS-related conditions, and on Hepatitis B.
This information shall include, but not be limited to, any
appropriate methods school employees may employ to prevent exposure
to AIDS and Hepatitis B, including information concerning the
availability of a vaccine to prevent contraction of Hepatitis B, and
that the cost of vaccination may be covered by the health plan
benefits of the employees.  This information shall be compiled and
updated annually, or if there is new information, more frequently, by
the State Department of Education in conjunction with the department
department and in consultation with the California Conference of
Local Health Officers.  In order to reduce costs, this information
may be included as an insert with other regular mailings to the
extent practicable, and the information required to be provided on
Hepatitis B shall be provided in conjunction with the information
required to be provided on AIDS.
   120880.  School districts shall inform their employees annually,
or if there is new information, more frequently, of the information
compiled by the State Department of Education pursuant to Section
120875.
   120885.  The Legislature finds and declares it is of great benefit
to the public health and essential to the protection of safe blood
and blood components available for transfusion to provide testing for
the presence of antibodies to the probable causative agent of
acquired immune deficiency syndrome (AIDS) as a function separate
from the donation of blood or blood components.
   120890.  The director shall, in order to protect the public health
and in order to make blood and blood components safe for
transfusion, designate counties that shall establish alternative
testing sites, within the funds available, pursuant to this section
and Sections 120885 and 120895.  When designating a county pursuant
to this section, the director may consider whether the county
contains a permanent operational blood bank.  All alternative test
sites, established pursuant to this section and Sections 120885 and
120895, shall be under the supervision of a physician and surgeon or
be a clinic or health facility licensed by the department.
   120895.  (a) Each county, designated by the director, shall make
the test available within its jurisdiction  without charge, in an
accessible manner and the tests shall be made available by the county
on a confidential basis through use of a coded system with no
linking of individual identity with the test request or results.  The
number and location of sites in each county designated by the
director shall be approved by the director.  The test shall be made
available by the county either directly or by contract with a
physician and surgeon or with any clinic or health facility licensed
by the department.  Neither the county nor anyone else administering
the test described in this section and Sections 120885 and 120890,
shall ask for the name, social security number, or any other
information that could reveal the identity of the individual who
takes the test.  Each alternative test site shall make available
confidential information and referral services, within the funds
available, to individuals who seek testing.  A county may subcontract
with individuals or entities to provide information and referral
services.
   All alternative test sites shall provide a referral list of
physicians and surgeons or clinics knowledgeable about AIDS, to all
persons who have any known risk factor for AIDS, especially those who
have a reactive antibody test, for further information and
explanation of the test results and for medical evaluation.
   At a minimum, individuals seeking testing shall be informed about
the validity and accuracy of the antibody test before the test is
performed.  All testing site personnel shall be required to attest to
having provided the above information.  Furthermore, all individuals
who are tested at the sites established by this section and Sections
120885 and 120890 shall be given the results of this test in person.
  All sites providing antibody testing pursuant to this section and
Sections 120885 and 120890 shall have a protocol for referral for
24-hour inpatient and mental health services.  All individuals
awaiting test results and all persons to whom results are reported
shall be informed of available crisis services and shall be directly
referred, if necessary.
   Each county, designated by the director, shall be required to
submit a plan to the department within 45 days after the effective
date of this section that details where testing and pretest and
posttest information and referral will be provided and the
qualifications of the staff who will be performing the services
required by this section and Sections 120885 and 120890.  The
department shall make training available, especially to smaller
counties.
   (b) The department shall establish a reimbursement process for
counties within 30 days after the effective date of this section for
the following services:
   (1) Informing test applicants on the test's reliability and
validity.
   (2) Administration of tests, analysis of test samples, and costs
associated with the laboratory work required by this antibody test.
   (3) Short-term information and referral sessions, of no more than
one visit per person tested for the purpose of transmitting the
person's test results and, as requested, for referral to available
followup services.
   The department shall establish the amounts to be reimbursed for
each of these services, but the amounts shall be established at a
level to ensure that the purposes of this section and Sections 120885
and 120890 are carried out.  Reimbursements shall be made for each
service provided.
   (c) The department may replace the test for the antibody to the
probable causative agent for AIDS with another type of HIV test, as
the department deems appropriate.
   (d) The director may grant a waiver to a county from the
requirements of this section and Sections 120885 and 120890 if the
county petitions the director for the waiver and the director
determines that the waiver is consistent with the purposes of this
section and Sections 120885 and 120890.
   (e) A participating county or the department may accept grants,
donations, and in-kind services for purposes of carrying out this
section and Sections 120885 and 120890.

      CHAPTER 4.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) EARLY
INTERVENTION PROJECTS

   120900.  (a) The director shall award contracts to early
intervention projects to provide long-term services to persons
infected with HIV.  The purposes of the early intervention projects
shall be to provide appropriate medical treatment to prevent or delay
the progression of disease that results from HIV infection,  to
coordinate services available to HIV infected persons, and to provide
information and education, including behavior change support, to HIV
infected persons to prevent the spread of HIV infection to others.
The director shall award contracts to early intervention projects
from a variety of geographical areas.  In selecting projects, the
director shall ensure that each early intervention project will
respond to the needs of its projected service area, will be sensitive
to linguistic, ethnic, and cultural differences, and will
accommodate the special needs of clients by taking into account the
circumstances that placed them at risk for becoming infected with
HIV.  The director shall award contracts for early intervention
services at a pace that reflects the availability of private, state,
and federal reimbursement pursuant to Section 120920.  Prior to
awarding contracts to new programs, the director shall consider
utilizing existing services and programs with which it currently
contracts, or that are currently in operation, and that provide
HIV-related services.
   (b) Early intervention projects that are awarded contracts
pursuant to this section shall provide all of the following services:

   (1) Health assessment of HIV infected persons, including, but not
limited to, a physical examination and immunologic and clinical
monitoring.
   (2) Health education and behavior change support related to
reducing the risk of spreading HIV infection to others and to
maximize the healthy and productive lives of HIV infected persons.
   (3) Psychosocial counseling services.
   (4) Information and referrals for social services.
   (5) Information and referrals on available research for the
treatment of HIV infection.
   (6) Covered outpatient preventative or therapeutic health care
services related to HIV infection, as determined by the director.
   (7) Case management.
   (c) An early intervention project shall establish a core case
management team for each client to assess the needs of the client and
to develop, implement, and evaluate the client's written individual
service plan.  As needed by the client, the individual service plan
shall include services specified in subdivision (b), other support
services, legal services, public assistance, insurance, and inpatient
and outpatient health care services needs of the client.  A core
case management team shall include, but not be limited to, a
physician and surgeon, a physician assistant or nurse practitioner, a
health educator, a case manager, and the client.  Case management in
an early intervention project shall incorporate an interdisciplinary
approach.  Other professionals, paraprofessionals, and other
interested persons deemed appropriate by the members of the core case
management team also may be included.  The case manager shall
coordinate the objectives specified in the client's individual
service plan. The case manager also shall monitor and assist the
client through all services provided by the project and shall provide
information, guidance, and assistance to the client regarding
support services, legal services, public assistance, insurance, and
inpatient and outpatient health care services.  The project shall
designate a sufficient number of case managers to reflect case
manager-to-client ratios established by the department.
   120905.  (a) The director shall commence awarding contracts to
projects on or before July 1, 1990.  In awarding contracts to early
intervention projects, the director may select projects from each of
the following models:
   (1) A privately operated profit or nonprofit clinic that is not
licensed as part of a health facility and that provides all of the
services specified in subdivision (b) of Section 120900.
   (2) A publicly operated clinic that is not licensed as part of a
health facility and that provides all of the services specified in
subdivision (b) of Section 120900.
   (3) A combination of independent privately operated clinics,
publicly operated clinics, and other health care providers that in
total provide all of the services specified in subdivision (b) of
Section 120900.
   (4) Any other model that the director considers worthy of
receiving funds.
   (b) An applicant for a contract to operate an early intervention
project that is not a part of a county health department shall submit
its application to the county health department for review and
comment.  The county health department shall provide comment on the
application to the department within a time period to be specified by
the department.  The failure by a county health department to
comment on an application submitted to it within the time period
specified by the department shall not jeopardize the application, and
the department in a case of this nature may process and award a
contract in the absence of comment by the county health department.
   (c) An applicant for a contract to operate an early intervention
project shall indicate in its application how it intends to
coordinate with county health department programs, community-based
organizations that provide HIV-related services, and other public and
private entities that may provide services to a person who is
infected with HIV.
   120910.  (a) The department shall collect data from the early
intervention projects, assess the effectiveness of the different
models of early intervention projects, and report its findings to the
Legislature on or before January 1, 1992, and on or before January 1
of each subsequent year.
   (b) The department shall continuously collect data from each early
intervention project.  The data collected may include, but not be
limited to, the following:
   (1) The total number of clients served.
   (2) The number of clients utilizing each service provided by the
project.
   (3) Demographics on clients in the aggregate.
   (4) The source of funding for each type of service provided.
   (5) The cost of each type of service provided.
   (6) Medical treatment modalities utilized in the aggregate.
   (7) Changes in the clinical status of clients in the aggregate.
   (8) Changes in behaviors that present risks of transmitting HIV
infection of the clients in the aggregate.
   (9) The psychosocial changes of clients in the aggregate.
   (10) Referrals made by the project.
   (11) Perceived unmet needs of the clients served by the project.
   (c) The department shall develop and distribute to each early
intervention project forms for data collection that are designed to
elicit information necessary for the department to comply with the
requirements of subdivision (b).  The data may be used by the
department to comply with the requirements of subdivision (a).
   120915.  (a) The department shall establish a reimbursement
schedule for all of the services detailed in subdivision (b) of
Section 120900.  The amounts to be reimbursed for these services
shall be commensurate with the costs of providing these services.
   (b) The department shall develop and disseminate guidelines to
assist early intervention projects in identifying appropriate public
and private payers of early intervention services.  The guidelines
shall take into account each client's access to, and eligibility for,
private health insurance and public medical assistance.  The
guidelines shall include, but not be limited to, the reimbursement
schedule established pursuant to subdivision (a) and the elements
identified in subdivisions (c) to (h), inclusive.
   (c) Reimbursement under Sections 120900 to 120920, inclusive,
shall not be made for any services that are available to the client
under a private health insurance program.  Early intervention
projects shall inquire of each client as to the client's coverage by
a private health insurance policy.  Where a client has a private
health insurance policy, the early intervention project shall bill
the insurer for those services in subdivision (b) of Section 120900
that are covered by the client's policy.
   (d) The department shall develop and implement, or cause to be
implemented by an early intervention project, a uniform sliding fee
schedule for services provided to individuals under Sections 120900
to 120920, inclusive.  The schedule shall be based on the client's
ability to pay.
   (e) The department may apply for any funds available from the
federal government for the reimbursement of those services to be
provided by early intervention projects, including, but not limited
to, funds available pursuant to Section 2318 of the Public Health
Service Act, as added by Public Law 100-607, that provides for the
development of model protocols for the clinical care of individuals
who are infected with HIV.
   (f) To the extent permitted under existing law, the Medi-Cal
program shall provide reimbursement to early intervention projects
for services provided under Sections 120900 to 120920, inclusive,
that are covered under the Medi-Cal program.  This subdivision shall
not be construed to confer Medi-Cal eligibility on any person who
does not meet existing Medi-Cal eligibility requirements.
   (g) The department shall use federal and state general funds that
are appropriated for the purpose of purchasing HIV-related drug
treatments and related services, to reimburse for covered outpatient
preventative or therapeutic health care services, as defined by the
director, provided that the client is eligible for a federal or state
program that subsidizes the cost of HIV-related drugs and related
services.  If Assembly Bill 2251 of the 1989-90 Regular Session is
enacted, the department shall use the provisions in Chapter 6
(commencing with Section 120950) to implement this subdivision.
   (h) The department shall use moneys from the General Fund to cover
expenses for early intervention services that are not otherwise
reimbursed, to the extent that moneys from the General Fund are
expressly appropriated to the department for early intervention
services.
   120920.  The Legislature hereby finds and declares that people
with HIV infection may not avail themselves of early intervention
services unless they are aware of the availability of the services
and the efficacy of early intervention in prolonging life.  This
awareness by HIV-infected persons is critical to maximizing the
benefits of early intervention.  Therefore, it is the intent of the
Legislature that the department includes early intervention education
as a component of information and education grants in the first
grant cycle following enactment of Sections 120900 to 120920,
inclusive.

      CHAPTER 5.  PROVISION OF AZIDOTHYMIDINE

   120925.  The Legislature hereby finds and declares all of the
following:
   (a) The drug azidothymidine (AZT) improves and prolongs the
quality of life for those suffering from acquired immune deficiency
syndrome (AIDS) or AIDS-related conditions, is believed to reduce the
infectiousness of a person infected with human immunodeficiency
virus (HIV), and is the only drug approved by the federal Food and
Drug Administration for treatment of AIDS and AIDS-related
conditions.
   (b) Hundreds of Californians infected with HIV are receiving AZT
due to a subsidy for AZT made available by the federal government for
low-income people.
   (c) The department estimates that it will have sufficient federal
funds to maintain those enrolling in the program prior to October 1,
1988, through April 1989, if it terminates new enrollees beginning
October 1, 1988.
   (d) The department intends to direct counties to cease accepting
new enrollees for the subsidy program beginning October 1, 1988,
because of the exhaustion of these federal funds.
   (e) The federal government has an obligation to continue to
support the subsidy program that it has initiated because of the
horrendous moral consequences of terminating the access of low-income
infected people to the drug.
   (f) The funding cycle for federal programs precludes appropriating
additional funds to maintain this program until June of 1989.
   120930.  It is the intent of the Legislature that the State of
California continue to provide temporary funding for the program to
ensure that those whose health depends on obtaining access to AZT and
who are unable to afford it can receive the drug during this interim
period.
   120935.  The department shall continue through June 1989, the AZT
subsidy program established in 1987 with federal funds.  The
department shall maintain the eligibility standards used for the
program as of August 1988.  The department shall allocate to local
health jurisdictions the funds appropriated to support the subsidy
program.  The department may reallocate funds among these local
health jurisdictions as needed to ensure that persons requiring the
subsidy receive it through June 1989.

      CHAPTER 6.  HUMAN IMMUNODEFICIENCY VIRUS (HIV) TREATMENT

   120950.  The Legislature hereby finds and declares all of the
following:
   (a) State-of-art knowledge regarding treatment of people infected
with the human immunodeficiency virus (HIV) indicates that active HIV
infection (AIDS) can be a manageable, though chronic, condition with
the use of drugs such as zidovudine (AZT), aerosolized pentamidine,
and ganciclovir.                                                AIDS
experts across the nation agree that early intervention with these
drugs can prolong life, minimize the related occurrences of more
serious illnesses, reduce more costly treatments, and maximize the
HIV-infected person's vitality and productivity.
   (b) For reasons of compassion and cost effectiveness, the State of
California has a compelling interest in ensuring that its citizens
infected with the HIV virus have access to these drugs.
   (c) The department subsidizes the cost of these drugs for persons
who do not have private health coverage, are not eligible for
Medi-Cal, or cannot afford to purchase the drug privately.  The
subsidy program is funded through state and federal sources.
   (d) Congress is expected to place limitations on the federal
subsidy program that will jeopardize access to these life-prolonging
drugs for people whose income is higher than federal income
eligibility cap but lower than the state's income eligibility cap.
   (e) It is critical that suffering persons with limited income have
access to life-prolonging drugs.  It is also critical that persons
currently eligible for the subsidy program remain eligible regardless
of changes that may result from the congressional action and the
enactment of this chapter.  However, it is appropriate that people
who can afford to pay a portion of the cost of treatment be obligated
to share the cost of these drugs.
   120955.  (a) To the extent that state and federal funds are
appropriated in the Budget Act for these purposes, the director shall
establish and may administer a program to provide drug treatments to
persons infected with human immunodeficiency virus (HIV), the
etiologic agent of acquired immune deficiency syndrome (AIDS).  The
director shall develop, maintain, and update as necessary a list of
drugs to be provided under this program.  Drugs on the list shall
include, but not be limited to, the drugs zidovudine (AZT) and
aerosolized pentamidine.
   (b) The director may grant funds to a county public health
department through standard agreements to administer this program in
that county.  To maximize the recipients' access to drugs covered by
this program, the director shall urge the county health department in
counties granted these funds to decentralize distribution of the
drugs to the recipients.
   (c) The director shall establish a rate structure for
reimbursement for the cost of each drug included in the program.
Rates shall not be less than the actual cost of the drug.  However,
the director may purchase a listed drug directly from the
manufacturer and negotiate the most favorable bulk price for that
drug.
   (d) Reimbursement under this chapter shall not be made for any
drugs that are available to the recipient under any other private,
state, or federal programs, or under any other contractual or legal
entitlements, except that the director may authorize an exemption
from this subdivision where exemption would represent a cost savings
to the state.
   120960.  (a) The department shall establish uniform standards of
financial eligibility for the drugs under the program established
under this chapter.
   (b) Nothing in the financial eligibility standards shall prohibit
drugs to an otherwise eligible person whose adjusted gross income
does not exceed fifty thousand dollars ($50,000) per year.  However,
the director may authorize drugs for persons with incomes higher than
fifty thousand dollars ($50,000) per year if the estimated cost of
those drugs in one year is expected to exceed 20 percent of the
person's adjusted gross income.
   (c) The department shall establish and may administer a payment
schedule to determine the payment obligation of a person receiving
drugs.  No person shall be obligated for payment whose adjusted gross
income is less than four times the federal poverty level.  The
payment obligation shall be the lesser of the following:
   (1) Two times the person's annual state income tax liability, less
funds expended by the person for health insurance premiums.
   (2) The cost of drugs.
   (d) Persons who have been determined to have a payment obligation
pursuant to subdivision (c) shall be advised by the department of
their right to request a reconsideration of that determination to the
department.  Written notice of the right to request a
reconsideration shall be provided to the person at the time that
notification is given that he or she is subject to a payment
obligation.  The payment determination shall be reconsidered if one
or more of the following apply:
   (1) The determination was based on an incorrect calculation made
pursuant to subdivision (b).
   (2) There has been a substantial change in income since the
previous eligibility determination that has resulted in a current
income that is inadequate to meet the calculated payment obligation.

   (3) Unavoidable family or medical expenses that reduce the
disposable income and that result in current income that is
inadequate to meet the payment obligation.
   (4) Any other situation that imposes undue financial hardship on
the person and would restrict his or her ability to meet the payment
obligation.
   (e) The department may exempt a person, who has been determined to
have a payment obligation pursuant to subdivision (c), from the
obligation if both of the following criteria are satisfied:
   (1) One or more of the circumstances specified in subdivision (d)
exist.
   (2) The department has determined that the payment obligation will
impose an undue financial hardship on the person.
   (f) If a person requests reconsideration of the payment obligation
determination, the person shall not be obligated to make any payment
until the department has completed the reconsideration request
pursuant to subdivision (d).  If the department denies the exemption,
the person shall be obligated to make payments for drugs received
while the reconsideration request is pending.
   (g) A county public health department administering this program
pursuant to an agreement with the director pursuant to subdivision
(b) of Section 120955 shall use no more than 5 percent of total
payments it collects pursuant to this section to cover any
administrative costs related to eligibility determinations, reporting
requirements, and the collection of payments.
   (h) A county public health department administering this program
pursuant to subdivision (b) of Section 120955 shall provide all drugs
added to the program pursuant to subdivision (a) of Section 120955
within 60 days of the action of the director, subject to the
repayment obligations specified in subdivision (d) of Section 120965.

   120965.  (a) Effective March 15, 1991, a person determined
eligible for benefits under this chapter shall be subject to the
payment obligation specified in subdivision (c) of Section 120960.
   (b) Persons who are receiving benefits under a HIV drug treatment
subsidy program administered by the department prior to March 15,
1991, shall not be subject to the payment obligation specified in
subdivision (c) of Section 120960.
   (c) Notwithstanding subdivision (b), if any person is disenrolled
from eligibility in a HIV drug treatment subsidy program administered
by the department for any reason after March 15, 1991, the
subsequent enrollment of that person for benefits under this chapter
shall be in accordance with the payment obligation specified in
subdivision (c) of Section 120960.
   (d) Notwithstanding subdivision (b), if a drug is added pursuant
to subdivision (a) of Section 120955, any person determined eligible
for benefits under this chapter, regardless of the date of
enrollment, shall be subject to the payment obligation specified in
subdivision (c) of Section 120960 for the added drug.  The payment
obligation for any other drug shall be determined in accordance with
subdivision (b).

      CHAPTER 7.  MANDATED BLOOD TESTING AND CONFIDENTIALITY TO
PROTECT PUBLIC HEALTH

   120975.  To protect the privacy of individuals who are the subject
of blood testing for antibodies to the probable causative agent of
acquired immune deficiency syndrome (AIDS) the following shall apply:

   Except as provided in Section 1603.1 or 1603.3, as amended by
Chapter 23 of the Statutes of 1985, no person shall be compelled in
any state, county, city, or other local civil, criminal,
administrative, legislative, or other proceedings to identify or
provide identifying characteristics that would identify any
individual who is the subject of a blood test to detect antibodies to
the probable causative agent of AIDS.
   120980.  (a) Any person who negligently discloses results of an
HIV test, as defined in Section 120775, to any third party, in a
manner that identifies or provides identifying characteristics of the
person to whom the test results apply, except pursuant to a written
authorization, as described in subdivision (g), or except as provided
in Section 1603.1 or 1603.3 or any other statute that expressly
provides an exemption to this section, shall be assessed a civil
penalty in an amount not to exceed one thousand dollars ($1,000) plus
court costs, as determined by the court, which penalty and costs
shall be paid to the subject of the test.
   (b) Any person who willfully discloses the results of an HIV test,
as defined in Section 120775, to any third party, in a manner that
identifies or provides identifying characteristics of the person to
whom the test results apply, except pursuant to a written
authorization, as described in subdivision (g), or except as provided
in Section 1603.1 or 1603.3 or any other statute that expressly
provides an exemption to this section, shall be assessed a civil
penalty in an amount not less than one thousand dollars ($1,000) and
not more than five thousand dollars ($5,000) plus court costs, as
determined by the court, which penalty and costs shall be paid to the
subject of the test.
   (c) Any person who willfully or negligently discloses the results
of an HIV test, as defined in Section 120775, to a third party, in a
manner that identifies or provides identifying characteristics of the
person to whom the test results apply, except pursuant to a written
authorization, as described in subdivision (g), or except as provided
in Section 1603.1 or 1603.3 or any other statute that expressly
provides an exemption to this section, that results in economic,
bodily, or psychological harm to the subject of the test, is guilty
of a misdemeanor, punishable by imprisonment in the county jail for a
period not to exceed one year or a fine of not to exceed ten
thousand dollars ($10,000) or both.
   (d) Any person who commits any act described in subdivision (a) or
(b) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or psychological harm that is a
proximate result of the act.
   (e) Each disclosure made in violation of this chapter is a
separate and actionable offense.
   (f) Except as provided in Article 6.9 (commencing with Section
799) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, the
results of an HIV test, as defined in Section 120775, that identifies
or provides identifying characteristics of the person to whom the
test results apply, shall not be used in any instance for the
determination of insurability or suitability for employment.
   (g) "Written authorization," as used in this section, applies only
to the disclosure of test results by a person responsible for the
care and treatment of the person subject to the test.  Written
authorization is required for each separate disclosure of the test
results, and shall include to whom the disclosure would be made.
   (h) Nothing in this section limits or expands the right of an
injured subject to recover damages under any other applicable law.
Nothing in this section shall impose civil liability or criminal
sanction for disclosure of the results of tests performed on cadavers
to public health authorities or tissue banks.
   (i) Nothing in this section imposes liability or criminal sanction
for disclosure of an HIV test, as defined in Section 120775, in
accordance with any reporting requirement for a diagnosed case of
AIDS by the department or the Centers for Disease Control under the
United States Public Health Service.
   (j) The department may require blood banks and plasma centers to
submit monthly reports summarizing statistical data concerning the
results of tests to detect the presence of viral hepatitis and HIV.
This statistical summary shall not include the identity of individual
donors or identifying characteristics that would identify individual
donors.
   (k) "Disclosed," as used in this section, means to disclose,
release, transfer, disseminate, or otherwise communicate all or any
part of any record orally, in writing, or by electronic means to any
person or entity.
   (l) When the results of an HIV test, as defined in Section 120775,
are included in the medical record of the patient who is the subject
of the test, the inclusion is not a disclosure for purposes of this
section.
   120985.  (a) Notwithstanding Section 120980, the results of an HIV
test that identifies or provides identifying characteristics of the
person to whom the test results apply may be recorded by the
physician who ordered the test in the test subject's medical record
or otherwise disclosed without written authorization of the subject
of the test, or the subject's representative as set forth in Section
121020, to the test subject's providers of health care, as defined in
subdivision (d) of Section 56.05 of the Civil Code, for purposes of
diagnosis, care, or treatment of the patient, except that for
purposes of this section "providers of health care" does not include
a health care service plan regulated pursuant to Chapter 2.2
(commencing with Section 1340) of Division 2.
   (b) Recording or disclosure of HIV test results pursuant to
subdivision (a) does not authorize further disclosure unless
otherwise permitted by law.
   120990.  (a) Except in the case of a person treating a patient, no
person shall test a person's blood for evidence of antibodies to the
probable causative agent of AIDS without the written consent of the
subject of the test or the written consent of the subject, as
provided in Section 121020, and the person giving the test shall have
a written statement signed by the subject or conservator or other
person, as provided in Section 121020 confirming that he or she
obtained the consent from the subject.  In the case of a physician
and surgeon treating a patient, the consent required under this
subdivision shall be informed consent, by the patient, conservator,
or other person provided for in Section 121020.
   This requirement does not apply to a test performed at an
alternative site, as established pursuant to Sections 120885 to
120895, inclusive.  This requirement also does not apply to any blood
and blood products specified in paragraph (2) of subdivision (a) of
Section 1603.1.  This requirement does not apply when testing is
performed as part of the medical examination performed pursuant to
Section 7152.5.
   (b) Nothing in this section shall preclude a medical examiner or
other physician from ordering or performing a blood test to detect
antibodies to the probable causative agent of AIDS on a cadaver when
an autopsy is performed or body parts are donated pursuant to the
Uniform Anatomical Gift Act, provided for pursuant to Chapter 3.5
(commencing with Section 7150) of Part 1 of Division 7.
   (c) The requirements of subdivision (a) do not apply when blood is
tested as part of a scientific investigation conducted either by
medical researchers operating under institutional review board
approval or by the department in accordance with a protocol for
unlinked testing.  For purposes of this section, unlinked testing
means that blood samples are obtained anonymously or that the
individual's name and other identifying information is removed in a
manner that precludes the test results from ever being linked to a
particular individual in the study.
   120995.  Actions taken pursuant to Section 1768.9 of the Welfare
and Institutions Code shall not be subject to subdivisions (a) to
(c), inclusive, of Section 120980.  In addition, the requirements of
subdivision (a) of Section 120990 shall not apply to testing
performed pursuant to Section 1768.9 of the Welfare and Institutions
Code.
   121000.  Actions taken pursuant to Title 8 (commencing with
Section 7500) of Part 3 of the Penal Code shall not be subject to
subdivisions (a) to (c), inclusive, of Section 120980.  In addition,
the requirements of subdivision (a) of Section 120990 shall not apply
to testing performed pursuant to that title.
   121005.  Neither the department nor any blood bank or plasma
center, including a blood bank or plasma center owned or operated by
a public entity, shall be held liable for any damages resulting from
the notification of test results, as set forth in paragraph (3) of
subdivision (a) of, and in subdivision (c) of, Section 1603.3, as
amended by Chapter 23 of the Statutes of 1985.
   121010.  Notwithstanding Section 120975 or 120980, the results of
a blood test to detect antibodies to the probable causative agent of
AIDS may be disclosed to any of the following persons without written
authorization of the subject of the test:
   (a) To the subject of the test or the subject's legal
representative, conservator, or to any person authorized to consent
to the test pursuant to subdivision (b) of Section 120990.
   (b) To a test subject's provider of health care,  as defined in
subdivision (d) of Section 56.05 of the Civil Code, except that for
purposes of this section, "provider of health care" does not include
a health care service plan regulated pursuant to Chapter 2.2
(commencing with Section 1340) of Division 2.
   (c) To an agent or employee of the test subject's provider of
health care who provides direct patient care and treatment.
   (d) To a provider of health care who procures, processes,
distributes, or uses a human body part donated pursuant to the
Uniform Anatomical Gift Act (Chapter  3.5 (commencing with Section
7150) of Part 1 of Division 7).
   121015.  (a) Notwithstanding Section 120980 or any other provision
of law, no physician and surgeon who has the results of a confirmed
positive test to detect infection by the probable causative agent of
acquired immune deficiency syndrome of a patient under his or her
care shall be held criminally or civilly liable for disclosing to a
person reasonably believed to be the spouse, or to a person
reasonably believed to be a sexual partner or a person with whom the
patient has shared the use of hypodermic needles, or to the county
health officer, that the patient has tested positive on a test to
detect infection by the probable causative agent of acquired immune
deficiency syndrome,  except that no physician and surgeon shall
disclose  any identifying information about the individual believed
to be infected.
   (b) No physician and surgeon shall disclose the information
described in subdivision (a) unless he or she has first discussed the
test results with the patient and has offered the patient
appropriate educational and psychological counseling, that shall
include information on the risks of transmitting the human
immunodeficiency virus to other people and methods of avoiding those
risks, and has attempted to obtain the patient's voluntary consent
for notification of his or her contacts.  The physician and surgeon
shall notify the patient of his or her intent to notify the patient's
contacts prior to any notification.  When the information is
disclosed to a person reasonably believed to be a spouse, or to a
person reasonably believed to be a sexual partner, or a person with
whom the patient has shared the use of hypodermic needles, the
physician and surgeon shall refer that person for appropriate care,
counseling, and followup.  This section shall not apply to
disclosures made other than for the purpose of diagnosis, care, and
treatment of persons notified pursuant to this section, or for the
purpose of interrupting the chain of transmission.
   (c) This section is permissive on the part of the attending
physician, and all requirements and other authorization for the
disclosure of test results to detect infection by the probable
causative agent of acquired immune deficiency syndrome are limited to
the provisions contained in this chapter, Chapter 10 (commencing
with Section 121075) and Sections 1603.1 and 1603.3.  No physician
has a duty to notify any person of the fact that a patient is
reasonably believed to be infected by the probable causative agent of
acquired immune deficiency syndrome.
   (d) The county health officer may alert any persons reasonably
believed to be a spouse, sexual partner, or partner of shared needles
of an individual who has  tested positive on a test to detect
infection by the probable causative agent of acquired immune
deficiency syndrome about their exposure, without disclosing any
identifying information about the individual believed to be infected
or the physician making the report, and shall refer any person to
whom a disclosure is made pursuant to this subdivision for
appropriate care and followup.  Upon completion of the county health
officer's efforts to contact any person pursuant to this subdivision,
all records regarding that person maintained by the county health
officer pursuant to this subdivision, including but not limited to
any individual identifying information, shall be expunged by the
county health officer.
   (e) The county health officer shall keep confidential the identity
and the seropositivity status of the individual tested and the
identities of the persons contacted, as long as records of contacts
are maintained.
   (f) Except as provided in Section 1603.1 or 1603.3, no person
shall be compelled in any state, county, city, or local civil,
criminal, administrative, legislative, or other proceedings to
identify or provide identifying characteristics that would identify
any individual reported or person contacted pursuant to this section.

   121020.  (a) (1) When the subject of an HIV test is not competent
to give consent for the test to be performed, written consent for the
test may be obtained from the subject's parents, guardians,
conservators, or other person lawfully authorized to make health care
decisions for the subject.  For purposes of this paragraph, a minor
shall be deemed not competent to give consent if he or she is under
12 years of age.
   (2) Notwithstanding paragraph (1), when the subject of the test is
a minor adjudged to be a dependent child of the court pursuant to
Section 360 of the Welfare and Institutions Code, written consent for
the test to be performed may be obtained from the court pursuant to
its authority under Section 362 or 369 of the Welfare and
Institutions Code.
   (b) Written consent shall only be obtained for the subject
pursuant to subdivision (a) when necessary to render appropriate care
or to practice preventative measures.
   (c) The person authorized to consent to the test pursuant to
subdivision (a) shall be permitted  to do any of the following:
   (1) Notwithstanding Sections 120975 and 120980, receive the
results of the test on behalf of the subject without written
authorization.
   (2) Disclose the test results on behalf of the subject in
accordance with Sections 120975 and 120980.
   (3) Provide written authorization for the disclosure of the test
results on behalf of the subject in accordance with Sections 120975
and 120980.

      CHAPTER 8.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) PUBLIC
HEALTH RECORDS CONFIDENTIALITY ACT

   121025.  (a) Public health records relating to acquired immune
deficiency syndrome (AIDS), containing personally identifying
information, that were developed or acquired by state or local public
health agencies shall be confidential and shall not be disclosed,
except as otherwise provided by law for public health purposes or
pursuant to a written authorization by the person who is the subject
of the record or by his or her guardian or conservator.
   (b) State or local public health agencies may disclose personally
identifying information in public health records, as described in
subdivision (a), to other local, state, or federal public health
agencies or to corroborating medical researchers, when the
confidential information is necessary to carry out the duties of the
agency or researcher in the investigation, control, or surveillance
of disease, as determined by the state or local public health agency.

   (c) Any disclosure authorized by subdivision (a) or (b) shall
include only the information necessary for the purpose of that
disclosure and shall be made only upon agreement that the information
will be kept confidential and will not be further disclosed without
written authorization, as described in subdivision (a).
   (d) No confidential public health record, as described in
subdivision (a), shall be disclosed, discoverable, or compelled to be
produced in any civil, criminal, administrative, or other
proceeding.
   (e) Any person who willfully or maliciously discloses the content
of any confidential public health record, as described in subdivision
(a), to any third party, except pursuant to a written authorization,
as described in subdivision (a), or as otherwise authorized by law,
shall be subject to a civil penalty in an amount not less than one
thousand dollars ($1,000) and not more than five thousand dollars
($5,000) plus court costs, as determined by the court, which penalty
and costs shall be paid to the person whose record was disclosed.
   (f) In the event that a public health record, as described in
subdivision (a), is disclosed, the information shall not be used to
determine employability, or insurability of any person.
   121030.  (a) To the extent Chapter 7 (commencing with Section
120975) and Chapter 10 (commencing with Section 121075) apply to
records or information that would be covered by this chapter,
Chapters 7 and 10 shall supersede this chapter.
   (b) This chapter supersedes Section 100330 to the extent it
applies to records or information covered by Section 100325 or
100330.
   121035.  For purposes of this chapter:
   (a) "Disclosed" or "disclosure" or "discloses" has the same
meaning as set forth in subdivision (b) of Section 121125.
   (b) "State or local public health agencies" are the department,
and any local entity that a health officer, as defined in Section
120100, serves.

      CHAPTER 9.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) PUBLIC
SAFETY AND TESTING DISCLOSURE


   121050.   The people of the State of California find and declare
that AIDS, AIDS-related conditions, and other communicable diseases
pose a major threat to the public health and safety.
   The health and safety of the public, victims of sexual crimes, and
peace officers, firefighters, and custodial personnel who may come
into contact with infected persons, have not been adequately
protected by law.  The purpose of this chapter is to require that
information that may be vital to the health and safety of the public,
victims of certain crimes, certain defendants and minors, and
custodial personnel, custodial medical personnel, peace officers,
firefighters and emergency medical personnel put at risk in the
course of their official duties, be obtained and disclosed in an
appropriate manner in order that precautions can be taken to preserve
their health and the health of others or that those persons can be
relieved from groundless fear of infection.
   It is the intent of this chapter to supersede in case of conflict
existing statutes or case law on the subjects covered including but
not limited to the confidentiality and consent provisions contained
in Chapter 7 (commencing with Section 120975), Chapter 8 (commencing
with Section 121025), and Chapter 10 (commencing with Section
121075).
   121055.  Any defendant charged in any criminal complaint filed
with a magistrate or court with any violation of Penal Code Sections
261, 261.5, 262, 266b, 266c, 286, 288, or 288a and any minor with
respect to whom a petition has been filed in a juvenile court
alleging violation of any of the foregoing laws, shall be subject to
an order of a court having jurisdiction of the complaint or petition
requiring testing as provided in this chapter.
   If an alleged victim listed in the complaint or petition makes a
written request for testing under this section, the prosecuting
attorney, or the alleged victim may petition the court for an order
authorized under this section.
   The court shall promptly conduct a hearing upon any such petition.
  If the court finds that probable cause exists to believe that a
possible transfer of blood, saliva, semen, or other bodily fluid took
place between the defendant or minor and the alleged victim in an
act specified in this section, the court shall order that the
defendant or minor provide two specimens of blood for testing as
provided in this chapter.
   Copies of the test results shall be sent to the defendant or
minor, each requesting victim and, if the defendant or minor is
incarcerated or detained, to the officer in charge and the chief
medical officer of the facility where the person is incarcerated or
detained.
   121060.  Any person charged in any criminal complaint filed with a
magistrate or court and any minor with respect to whom a petition
has been filed in juvenile court, in which it is alleged in whole or
in part that the defendant or minor interfered with the official
duties of a peace officer, firefighter, or emergency medical
personnel by biting, scratching, spitting, or transferring blood or
other bodily fluids on, upon, or through the skin or membranes of a
peace officer, firefighter, or emergency medical personnel shall in
addition to any penalties provided by law be subject to an order of a
court having jurisdiction of the complaint or petition requiring
testing as provided in this chapter.
   The peace officer, firefighter, emergency medical personnel or the
employing agency, officer, or entity may petition the court for an
order authorized under this section.
   The court shall promptly conduct a hearing upon any such petition.
  If the court finds that probable cause exists to believe that a
possible transfer of blood, saliva, semen, or other bodily fluid took
place between the defendant or minor and the peace officer,
firefighter, or emergency medical personnel, as specified in this
section, the court shall order that the defendant or minor provide
two specimens of blood for testing as provided in this chapter.
   Copies of the test results shall be sent to the defendant or
minor, each peace officer, firefighter, and emergency medical
personnel named in the petition and his or her employing agency,
officer, or entity, and if the defendant or minor is incarcerated or
detained, to the officer in charge and the chief medical officer of
the facility where the person is incarcerated or detained.
   121065.  (a) The withdrawal of blood shall be performed in a
medically approved manner.  Only a physician, registered nurse,
licensed vocational nurse, licensed medical technician, or licensed
phlebotomist may withdraw blood specimens for the purposes of this
chapter.
   (b) The court shall order that the blood specimens be transmitted
to a licensed medical laboratory and that tests be conducted thereon
for medically accepted indications of exposure to or infection by
acquired immunity deficiency syndrome (AIDS) virus, AIDS-related
conditions, and those communicable diseases for which medically
approved testing is readily and economically available as determined
by the court.
   (c) Copies of test results that indicate exposure to or infection
by AIDS, AIDS-related conditions, or other communicable diseases
shall also be transmitted to the department.
   (d) The test results shall be sent to the designated recipients
with the following disclaimer:
   "The tests were conducted in a medically approved manner but tests
cannot determine exposure to or infections by AIDS or other
communicable diseases with absolute accuracy.  Persons receiving this
test result should continue to monitor their own health and should
consult a physician as appropriate."
   If the person subject to the test is a minor, copies of the test
result shall also be sent to the minor's parents or guardian.
   (e) The court shall order all persons, other than the test
subject, who receive test results pursuant to Sections 121055 or
121060, to maintain the confidentiality of personal identifying data
relating to the test results except for disclosure that may be
necessary to obtain medical or psychological care or advice.
   (f) The specimens and the results of tests ordered pursuant to
Sections 121055 and 121060 shall not be admissible evidence in any
criminal or juvenile proceeding.
   (g) Any person performing testing, transmitting test results, or
disclosing information pursuant to the provisions of this chapter
shall be immune from civil liability for any action undertaken in
accordance with the provisions of this chapter.
   121070.  (a) Any medical personnel employed by, under contract to,
or receiving payment from the State of California, any agency
thereof, or any county, city, or city and county to provide service
at any state prison, the Medical Facility, any Youth Authority
institution, any county jail, city jail, hospital jail ward, juvenile
hall, juvenile detention facility, or any other facility where
adults are held in custody or minors are detained, or any medical
personnel employed, under contract, or receiving payment to provide
services to persons in custody or detained at any of the foregoing
facilities, who receives information as specified herein that an
inmate or minor at the facility has been exposed to or infected by
the AIDS virus or has an AIDS-related condition or any communicable
disease, shall communicate the information to the officer in charge
of the facility where the inmate or minor is in custody or detained.

   (b) Information subject to disclosure under subsection (a) shall
include the following:  any laboratory test that indicates exposure
to or infection by the AIDS virus, AIDS-related condition, or other
communicable diseases; any statement by the inmate or minor to
medical personnel that he or she has AIDS or an AIDS-related
condition, has been exposed to the AIDS virus, or has any
communicable disease; the results of any medical examination or test
that indicates that the inmate or minor has tested positive for
antibodies to the AIDS virus, has been exposed to the AIDS virus, has
an AIDS-related condition, or is infected with AIDS or any
communicable disease; provided, that information subject to
disclosure shall not include information communicated to or obtained
by a scientific research study pursuant to prior written approval
expressly waiving disclosure under this section by the officer in
charge of the facility.
   (c) The officer in charge of the facility shall notify all
employees, medical personnel, contract personnel, and volunteers
providing services at the facility who have or may have direct
contact with the inmate or minor in question, or with bodily fluids
from the inmate or minor, of the substance of the information
received under subsections (a) and (b) so that those persons can take
appropriate action to provide for the care of the inmate or minor,
the safety of other inmates or minors, and their own safety.
   (d) The officer in charge and all persons to whom information is
disclosed pursuant to this section shall maintain the confidentiality
of personal identifying data regarding the information, except for
disclosure authorized hereunder or as may be necessary to obtain
medical or psychological care or advise.
   (e) Any person who wilfully discloses personal identifying data
regarding information obtained under this section to any person who
is not a peace officer or an employee of a federal, state, or local
public health agency, except as authorized hereunder, by court order,
with the written consent of the patient or as otherwise authorized
by law, is guilty of a misdemeanor.

      CHAPTER 10.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
RESEARCH CONFIDENTIALITY ACT

   121075.  Research records, in a personally identifying form,
developed or acquired by any person in the course of conducting
research or a research study relating to Acquired Immune Deficiency
Syndrome (AIDS) shall be confidential, and these confidential
research records shall not be disclosed by any person in possession
of the research record, nor shall these confidential research records
be discoverable, nor shall any person be compelled to produce any
confidential research record, except as provided by this chapter.
   121080.  Confidential research records may be disclosed in
accordance with the prior written consent of the research subject
with respect to whom the research record is maintained, but only to
the extent, under the circumstances, to the persons, and for the
purposes the written consent authorizes.  Any disclosure authorized
by a research subject shall be accompanied by a written statement
containing substantially the same language as follows:
   "This information has been disclosed to you from a confidential
research record the confidentiality of which is protected by state
law and any further disclosure of it without specific prior written
consent of the person to whom it pertains is prohibited.  Violation
of these confidentiality guarantees may subject you to civil or
criminal liabilities."
   121085.  (a) Confidential research records shall be protected in
the course of conducting financial audits or program evaluations, and
   audit personnel shall not directly or indirectly identify any
individual research subject in any report of a financial audit or
program evaluation.  To the extent it is necessary for audit
personnel to know the identity of individual research subjects,
authorized disclosure of confidential research records shall be made
on a case-by-case basis, and every prudent effort shall be exercised
to safeguard the confidentiality of these research records in
accordance with this chapter.  Information disclosed for audit or
evaluation purposes should be used only for audit and evaluation
purposes and may not be redisclosed or used in any other way.
   (b) Nothing in this section imposes liability or criminal sanction
for disclosure of confidential research records in accordance with
any reporting requirement for a diagnosed case of AIDS by the
department or the Centers for Disease Control under the United States
Public Health Services.
   121090.  Notwithstanding Section 121080, whether or not the
research subject, with respect to whom any confidential research
record is maintained, gives prior written consent, the content of the
confidential research record may be disclosed in any of the
following situations:
   (a) To medical personnel to the extent it is necessary to meet a
bona fide medical emergency of a research subject.
   (b) To the department to the extent necessary for the conduct of a
special investigation pursuant to Section 100325, in which case the
confidentiality provisions of Chapter 8 (commencing with Section
121025) shall apply.
   121095.  The content of any confidential research record shall be
disclosed to the research subject, the legal representative of the
research subject if the research subject is a minor, or the personal
representative of a deceased research subject to whom the record
pertains, thirty (30) days after written request therefor by the
research subject, the legal representative or the personal
representative.
   121100.  (a) No confidential research record may be compelled to
be produced in any state, county, city or other proceeding in order
to initiate or substantiate any criminal charge or charges against a
research subject, or to conduct an investigation of a research
subject, unless a court finds there is reasonable likelihood that the
records in question will disclose material information or evidence
of substantial value in connection with the criminal charge or
charges or investigation, and there is no other practicable way of
obtaining the information or evidence.
   In addition, no confidential research record shall be disclosed,
discoverable, or compelled to be produced in order to initiate or
substantiate any criminal charge or charges against a research
subject until after a showing of good cause.  In assessing good
cause, the court shall weigh the public interest and need for
disclosure against the injury to the research subject and the harm to
the research being undertaken.  Upon the granting of an order to
produce, the court, in determining the extent to which disclosure of
all or any part of a confidential research record is necessary, shall
impose appropriate safeguards against unauthorized disclosure, that
shall include, but not necessarily be limited to, the individuals or
bodies that may have access to the data, the purposes for which the
data shall be used, prohibitions on further disclosure and protection
of the identities of other research subjects.
   (b) No confidential research record may be compelled to be
produced in any state, county, city or other civil proceeding, except
as expressly provided in this chapter.
   121105.  Prior to participation of an individual in a research
study relating to AIDS, both of the following requirements shall be
met:
   (a) The informed consent of each research subject shall be
obtained in the method and manner required by Section 46.116, (a) and
(b), of Part 46 of Title 45 of the Code of Federal Regulations and
be documented in accordance with Section 46.117 of that part.
   (b) Each research subject shall be provided with an explanation in
writing, in language understandable to the research subject, of the
rights and responsibilities of researchers and research subjects
under this chapter.
   121110.  (a) Any person who willfully or maliciously discloses the
content of any confidential research record, to any third party,
except pursuant to this chapter, shall be assessed a civil penalty in
an amount not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000) plus court costs, as determined
by the court, which penalty and costs shall be paid to the subject of
the test.
   (b) Any person who maliciously discloses the content of any
confidential research record, to a third party, except pursuant to
this chapter, that results in economic, bodily, or psychological harm
to the research subject, is guilty of a misdemeanor, punishable by
imprisonment in the county jail for a period not to exceed one year
or a fine of not to exceed ten thousand dollars ($10,000) or both.
   (c) Any person who commits any act described in subdivision (a) or
(b) shall be liable to the subject for all actual damages for
economic, bodily, or psychological harm that is a proximate result of
the act.
   (d) Any person who negligently or willfully violates Section
121105 is guilty of an infraction punishable by a fine of twenty-five
dollars ($25).
   (e) Each violation f this chapter is a separate and actionable
offense.
   (f) Nothing in this section limits or expands the right of an
injured research subject to recover damages under any other
applicable law.
   121115.  In the event that the participation of an individual in a
research study is disclosed, the information shall not be used to
determine the employability or insurability of the research subject.

   121120.  Nothing in this chapter shall preclude disclosure of
information in order to further research efforts, including, but not
limited to, the publication, dissemination, or sharing of raw data,
statistics, or case studies, so long as no confidential research
records concerning any research subject are disclosed.
   121125.  For purposes of this chapter:
   (a) "AIDS" means Acquired Immune Deficiency Syndrome.
   (b) "Disclosed" means to disclose, release, transfer, disseminate,
or otherwise communicate all or any part of any confidential
research record orally, in writing, or by electronic means to any
person or entity, or to provide the means for obtaining the records.

   (c) "Confidential research  record or records" means any data in a
personally identifying form, including name, social security number,
address, employer, or other information that could, directly or
indirectly, in part or in sum, lead to the identification of the
individual research subject, developed or acquired by any person in
the course of conducting research or a research study relating to
AIDS.

      CHAPTER 11.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
RESEARCH AND WORKSHOP GRANTS

   121150.  The Legislature hereby finds and declares that the
department, working with the California AIDS Leadership Committee,
has developed a draft state AIDS plan for comprehensive, coordinated
government action against AIDS and HIV infection.  It is the
intention of the Legislature to implement  those recommendations
pertaining to infectious-disease screening of blood and other body
parts and fluids, and to notifying donors of the results of those
screening tests.
   121155.  (a) There is hereby created in the state department an
AIDS Advisory Committee.  The membership of the committee shall be
composed of eight members who have knowledge or expertise in the area
of public health or AIDS research, or have been educated in the
areas for which the grants are to be directed by the committee.
These members shall be appointed by the following:
   (1) Two by the Speaker of the Assembly.
   (2) Two by the Senate Rules Committee.
   (3) Four by the Governor.
   (b) In addition to the membership prescribed by subdivision (a),
the following persons shall be ex officio members:
   (1) The Director of Health Services or a designee shall be a
voting member.
   (2) The Director of Mental Health, or a designee,  a designee,
requested to be appointed by the President of the University of
California, with knowledge, experience, and responsibility for the
university-wide allocation of AIDS research grants, shall be
nonvoting members.
   (c) The committee shall be abolished effective July 1, 1990,
unless extended by subsequent legislative action.
   121160.  The members of the AIDS Advisory Committee shall serve at
the pleasure of the appointing powers.  The members shall serve
without compensation, but shall be reimbursed for necessary and
travel expenses incurred in the performance of the duties of the
committee.
   The committee shall advise and assist the state in addressing the
public health issues associated with Acquired Immune Deficiency
Syndrome, and shall work with the department in statewide efforts to
promote primary prevention, public education, and the advancement of
knowledge regarding Acquired Immune Deficiency Syndrome.
   121165.  The committee may establish rules or criteria for grants
under this chapter as it deems necessary.  Pursuant to the rules or
criteria, the committee may review and recommend approval by the
director of grant applications and monitor programs receiving grants
under this chapter.
   121170.  The director may award grants from any funds that may be
made available for the purposes of this chapter to individuals,
organizations, or facilities for activities that may include, but
need not be limited to, any of the following:
   (a) Education regarding primary prevention for high risk groups.
   (b) Public education to reduce panic and lessen unnecessary
anxiety about AIDS among California residents.
   (c) Interdisciplinary or educational workshops to facilitate the
interchange of knowledge among investigators regarding AIDS and
related disorders.
   (d) Research grants that would assist the state with the
educational efforts outlined in subdivisions (a) and (b).
   (e) Grants to provide seed money for larger grants funded by the
federal government or other sources.
   121175.  The department may do all of the following:
   (a) Accept any federal funds provided for any of the purposes of
this chapter.
   (b) Accept any gift, donation, bequest, or grant of funds from a
private or public agency for any of the purposes of this chapter.
   121180.  Not more than 10 percent of any money appropriated for
purposes of this chapter shall be utilized for the administration of
this chapter.

      CHAPTER 12.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) VACCINE
RESEARCH AND DEVELOPMENT GRANT PROGRAM

   121200.  The Legislature finds and declares all of the following:

   (a) Over the past five years AIDS has reached an epidemic stage
and is estimated to affect 30,000 Californians by 1990.
   (b) The estimated cost of medical care alone for the 4,000 AIDS
cases that have occurred to date in California totals approximately
two hundred fifty million dollars ($250,000,000).  By the end of
1990, medical care is projected to approach three billion five
hundred million dollars ($3,500,000,000) and the total public health
and medical care expenditures are expected to exceed five billion
dollars ($5,000,000,000).
   (c) There is no cure for the AIDS virus.  The long-term solution
to the elimination of AIDS lies in conducting vaccine research.
   (d) Much research has already been completed by the private sector
and should be utilized to the maximum extent possible, including
supplementing with public funds.
   (e) Profitmaking corporations are (1) not eligible for most of the
existing public funding sources as are institutions of higher
learning and nonprofit corporations; (2) when eligible, the public
funding amounts are not adequate to conduct research; and (3) private
grants are only available to nonprofit corporations.
   (f) Moreover, private research companies, already having
established vaccine development and manufacturing capabilities, are
uniquely situated to maximize available resources and to utilize both
management and research staff, equipment, and technical innovations
to their greatest efficiency towards the specific goal of developing
and manufacturing an AIDS vaccine at the earliest possible time.
   (g) Exclusion of private corporations from public funding to
develop an approved vaccine will likely result in (1) a delay in the
development of a vaccine to prevent AIDS; (2) continued spread of
AIDS to the general population; and (3) continued increases in
private and public funds to provide care to AIDS victims.
   (h) An AIDS Vaccine Research and Development Grant Program should
be established to encourage AIDS vaccine research by the private
sector.
   (i) It is appropriate to mandate that a grant made to a private
entity to develop an AIDS vaccine, once the vaccine has been approved
by the FDA for use by the general population, should be reimbursed
to the state from the sale of the vaccine.
   121205.  (a) There is hereby created an AIDS Vaccine Research and
Development Grant Program.  There is hereby established an AIDS
Vaccine Research and Development Grant Fund the moneys in which
shall, upon appropriation to the department, be available for the
purposes of this chapter.
   (b) For the purposes of this chapter:
   (1) "AIDS" means acquired immune deficiency syndrome.
   (2) "California manufacturer" means a manufacturer with management
or officers based in this state and operations for the conduct of
research and development of an AIDS vaccine in this state.
   (3) "Committee" means the AIDS Vaccine Research and Development
Advisory Committee.
   (4) "Grant" means AIDS vaccine research and development grants.
   121215.  (a) The department shall issue within 60 days of the
effective date of this chapter, a request for proposal (RFP) for
research and development projects, based on the criteria provided in
subdivision (d).  Upon issuing the RFP the department shall publish
this fact along with the deadline for grant proposals in the
newspapers with the greatest circulation in the major cities of the
state, as determined by the department.  Additionally, upon issuing
the RFP the same information shall be transmitted to the Secretary of
the Senate and the Chief Clerk of the Assembly for publishing in the
respective journals of each house of the California Legislature.
   (b) Any California manufacturer may submit a proposal to the RFP
for an AIDS vaccine research and development grant to the department.
  The proposal shall be submitted to the department within 90 days of
the issuance of the RFP.
   (c) Within 30 days after the proposal deadline, the committee
shall review the proposals and make recommendations to the
department.  The department, taking into consideration the committee'
s recommendations, shall award grants to no more than three
California manufacturers within 30 days after receiving the committee'
s recommendations.
   (d) The department, making use of an RFP, shall include a clear
description of the criteria to be used to select the projects that
will receive funding pursuant to this chapter.  The committee shall
make recommendations to the department regarding the content of the
RFP.  The criteria shall include, but not be limited to, the
following:
                                                                (1)
The potential of the grant recipient to develop a vaccine for AIDS.
   (2) The financial, technical, and managerial commitment of the
grant recipient to the development of an AIDS vaccine.
   (3) The demonstrated need of the grant recipient for state
funding.
   (e) The grants made pursuant to this chapter are not subject to
the State Contract Act (Part 2 (commencing with Section 10100) of
Division 2 of the Public Contract Code).
   121220.  (a) The recipients of the grants shall use the moneys of
the grant to develop an AIDS vaccine until the Federal Food and Drug
Administration (FDA) approves the clinical testing of an AIDS vaccine
on humans.  Any grant funds not encumbered or expended at the time
of the FDA approval of the clinical testing of an AIDS vaccine on
humans shall not be used by the recipients until the department
authorizes further expenditure or requires the funds to be returned
to the AIDS Vaccine Research and Development Grant Fund pursuant to
subdivision (b).
   (b) If an AIDS vaccine that has received FDA approval for clinical
testing on humans has been developed by a grant recipient pursuant
to this chapter, then any funds that have been granted to, but not
expended or encumbered by, the grant recipient, after approval by the
department, shall be expended for the clinical testing of the
vaccine on humans in accordance with the FDA protocol, the continued
research and development of the vaccine, or both, for the purpose of
optimizing the efficacy of the vaccine during clinical testing.
   With respect to the other grant recipients, or when none of the
recipients have received the FDA approval for the vaccine they are
developing, the committee shall meet to consider whether the grant
recipient has a good chance of developing a vaccine that will receive
FDA approval for clinical testing on humans and shall make
recommendations to the department.  If the department, taking into
consideration the committee's recommendations, determines that the
grant recipient has a good chance of developing an FDA approved
vaccine, it shall inform the grant recipient in writing to continue
expending its grant funds for the development of an AIDS vaccine.
   If the department, taking into consideration the committee's
recommendations, determines that the grant recipient does not have a
good chance of developing a vaccine that will receive FDA approval
for clinical testing on humans, it shall inform the recipient in
writing that the funds not encumbered or expended, as described in
subdivision (a), shall be returned to the department for deposit in
the AIDS Vaccine Research and Development Grant Fund.
   Any funds remaining in the AIDS Vaccine Research and Development
Grant Fund after the department's determinations pursuant to this
subdivision, shall, in the state department's discretion, either be
expended for (1) further support of the clinical trials of a vaccine
developed in whole or in part by a grant recipient or for (2) further
research and development of a vaccine by a grant recipient who has
been permitted, in accordance with this subdivision, to continue
expending grant funds for development of a vaccine, or be expended
for (3) both purposes.  If no grant recipient is conducting clinical
trials or developing a vaccine pursuant to this subdivision, then the
moneys in the AIDS Vaccine Research and Development Grant Fund shall
revert to the General Fund.
   (c) Notwithstanding any other provision of this section, the
department may make grants to applicants even after approval has been
given by the federal Food and Drug Administration to conduct
clinical testing of an AIDS vaccine on humans.
   121225.  If a California manufacturer that is a grant recipient
sells, delivers, or distributes an AIDS vaccine that has received FDA
approval for use by the general population and that was developed in
whole or in part using a grant awarded pursuant to this chapter, the
State of California shall be reimbursed for the grant as provided in
this section.
   Until the total amount of the grant is repaid, repayments in the
amount of one dollar ($1) per dose from the sale of the AIDS vaccine
shall be deposited by the grant recipient into the General Fund.
Upon payment in full of the grant amount into the General Fund, a
royalty on the sale of the vaccine from the grant recipient shall be
deposited into the General Fund.  The percentage amount of the
royalty shall be negotiated at the time of the grant award.

      CHAPTER 13.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
IMMUNIZATION

   121250.  The Legislature finds and declares all of the following:

   (a) The rapidly spreading AIDS epidemic poses an unprecedented
major public health crisis in California, and threatens, in one way
or another, the life and health of every Californian.
   (b) The best hope of stemming the spread of the AIDS virus among
the general public is the development of an AIDS vaccine to develop
an immunity to exposure.
   (c) No vaccine has yet been fully developed, tested, or approved
for AIDS.  An effective vaccine, especially when directed at
high-risk groups of unexposed persons, will virtually eliminate the
risk of contracting AIDS, just as the risk of contracting polio and
smallpox have been virtually eliminated by earlier vaccine
development, production, and use among the general public.
   (d) Private industry today has the capability of conducting the
vaccine research, biological research, immunology, and genetic
engineering of appropriate viral components needed to formulate,
develop, produce, and test an AIDS vaccine.  Whenever these and other
appropriate expertise cannot be found within a single company, the
formation of multiinstitutional research groups should be encouraged
and prioritized, as it is in the public interest to encourage efforts
toward vaccine production.
   (e) It is of the highest importance and in the public interest to
maximize public protection by developing an AIDS vaccine and by
establishing high levels of immunization, initially among high-risk
populations.
   (f) The continuous spread of AIDS and especially the threat of
infection spreading among population groups previously considered
low-risk demands that the highest of priorities be given to the
development of a universal immunoprophylaxis.
   (g) The use of vaccines to control the spread of infectious
pathogens is recognized as one of the genuinely decisive technologies
of modern medicine.  Recent advances in pharmaceutical technology
combined with better understanding of the immune process offer the
hope of an AIDS vaccine that is effective, safe, relatively
inexpensive, and relatively easy to administer.
   (h) Utilization of this new science may be forestalled, however,
by problems that have recently deterred the development of vaccines
by traditional means.  These problems must be resolved before the
full public health benefits of new approaches to vaccine development
can be fully and expeditiously realized.
   (i) The marketplace conditions facing vaccine manufacturers and
developers today have changed considerably over the past 30 years.
Private manufacturers and developers of vaccines cannot be forced to
produce vaccines, and may choose, under the free enterprise system,
not to produce them if marketplace conditions are unfavorable.
   (j) Certain market conditions are slowing and threatening to halt
the development of an AIDS vaccine.  Any delay in the discovery,
testing, approval, and production of the vaccine because of these
secondary considerations may cost tens of thousands of human lives
annually, unnecessary pain and suffering for hundreds of thousands of
infected Americans, and billions of dollars in medical costs and in
lost productivity.
   (k) Resource constraints in the public and private sectors and the
time required to bring vaccines to market presently limit
investments in vaccines research and development.  Although
universities constitute a significant resource in AIDS research in
particular and vaccines research in general, university funding
limitations and conflicting research priorities make reliance on the
resources and expertise of the private pharmaceutical industry a
necessary supplement to public funding of AIDS research.
   (l) There has been a decrease in the willingness of pharmaceutical
companies to become involved in vaccine research, development, and
manufacturing because of uncertain profitability and perceived and
actual marketplace risks and disincentives.
   (m) It is clearly in the public interest to provide appropriate
and necessary incentives toward the timely development and production
of an effective and safe AIDS vaccine.
   (n) The development of an AIDS vaccine provides an exceptionally
important benefit, making its availability highly desirable.
However, certain conditions may preclude that development, including
the following:
   (1) There is a high cost for capital expenditures for vaccine
development (estimated to be from ten million dollars ($10,000,000)
to thirty million dollars ($30,000,000)).  Testing costs of clinical
trials (twenty million dollars ($20,000,000) per vaccine, by some
estimates) are particularly burdensome, especially for smaller firms.

   (2) There is an uncertain market demand for a vaccine once
development costs have been invested and FDA marketing approval has
been secured.
   (o) Without state intervention to assure minimal profitability of
an AIDS vaccine, inadequate incentives may exist for the private
sector to commit resources  and expertise to the accelerated
development of an AIDS vaccine.
   (p) In light of the dangers inherent in the AIDS epidemic to the
general public of California, it is crucial that to the extent
possible any serious obstacles to the development of a vaccine be
removed.
   (q) Because an AIDS vaccine provides an exceptionally important
public benefit, it is in the public interest to take uncommon action
to facilitate the development and production of a vaccine.
   (r) It is as well in the public interest to assure fair
compensation, if necessary at public expense, to any innocent victim
who may be injured by an AIDS vaccine, as a part of implementing the
socially beneficial policy of establishing high levels of AIDS
immunization.
   (s) In light of the high incidence of AIDS amongst Californians,
the California Legislature must lead our country into the 20th
century in this effort.
   (t) It is therefore fitting and proper that the State of
California enact uncommon and exceptional legislation in order  to
prevent the further spread of the AIDS epidemic.
   121255.  The Legislature further finds and declares all of the
following:
   (a) Acquired immune deficiency syndrome (AIDS) is caused by the
virus human T-cell lymphotropic virus, type III (HTLV-3) that
initially cripples the body's immune system and eventually leaves the
body open to an array of lethal opportunistic infections.
   (b) So far, there is no known cure for AIDS and once a person is
AIDS infected, the virus remains throughout the rest of his or her
life.
   (c) The AIDS virus has a three-to-seven year incubation period,
making it one  of the most difficult diseases to combat and trace.
   (d) An easily administered blood test can determine whether a
person has been exposed to the AIDS virus.
   (e) In 1979, when AIDS was first diagnosed in the United States,
the number of newly diagnosed victims was doubling every six to nine
months; today the number of people diagnosed with AIDS doubles each
year.
   (f) Nationally, between 500,000 and 2,000,000 Americans are
estimated to have been exposed to the AIDS virus.  Of those exposed,
between 25,000 and 500,000 persons (5 percent-25 percent) may be
expected to die of AIDS.
   (1) Another 25,000 to 500,000 persons may be expected to develop
AIDS Related Complex (ARC).  The range of illnesses these individuals
will suffer from may range from minor ailments to brain damage.
   (2) The remaining majority of those exposed may never suffer its
consequences, but may carry and transmit the disease unknowingly.
   (3) Some experts estimate as many as 1,000 additional people are
exposed daily.
   (g) The department, in its report to the Legislature (March 1986)
estimated conservatively that over 30,000 Californians shall have
contracted AIDS by 1990, about 50 percent having succumbed.  The
disease is believed to be fatal within 18 months of diagnosis.  To
date, more than half the 16,000 people with AIDS in the United States
have died.
   (h) The AIDS virus is transmitted primarily through sexual
contact, and also through the sharing of hypodermic needles,
contaminated blood transfusions, and during pregnancy to the fetus.
   (i) While the earliest spread of the AIDS virus was primarily
among homosexuals, the virus is now found and spreading among
heterosexuals as well.
   (j) Additionally, drug abusers are highly susceptible to the AIDS
virus since the drugs diminish the ability of the body's immune
system to function.  Intravenous drug abusers traditionally come into
contact with the virus from sharing hypodermic needles.
   (k) Persons sexually active in the heterosexual community are also
at risk.  Until a vaccine is developed, the AIDS virus will cross
over from the high-risk groups to the lower risk groups.  At this
time, it is not known how fast the AIDS virus will penetrate other
population groups, but it is not expected to be nearly as rapid.  To
date, partners of high-risk groups (bisexual men and intravenous drug
users) are considered the main means of transmitting the AIDS virus
to the heterosexual population.  Other means include pregnant women
who pass the infection on to the child and prostitutes who pass on
the infection to their clients.
   (l) Of the first 9,000 AIDS cases diagnosed in the United States,
almost 1,000 were women.  Fourteen percent of these women developed
AIDS through sexual contact.  Recent studies have demonstrated that
the virus can be transmitted by women to their male sexual partners.
Sexual contact with an infected partner may transmit the virus and
fatally infect the partner.
   121260.  The Legislature further finds and declares all of the
following:
   (a) The average cost per patient in the treatment of AIDS until
death is now one hundred fifty thousand dollars ($150,000).  It is
estimated that total costs including health care of the first 10,000
AIDS cases in the United States totaled more than six billion three
hundred million dollars ($6,300,000,000).  By 1990, according to the
department, Californians will spend almost five billion dollars
($5,000,000,000) in medical costs alone in care and treatment of
30,000 AIDS patients, with no realistic hope for their remission or
cure.  This cost does not include money spent on education, research,
and lost income.
   (b) To date, the costs of caring for people with AIDS related
complex (ARC) has not been officially calculated.  However, it is
safe to assume the costs are substantial over time.  Experts fear
that the illnesses of ARC patients, although they may not be fatal,
are severe.  For example, the virus invades the brain rendering the
patients incapable of caring for themselves.  It is, therefore,
plausible that a percentage of ARC patients will need to be
institutionalized.
   (c) The Legislature intends by this chapter to take uncommon
action to remove the impediments to the expeditious development of an
AIDS vaccine.
   (d) It is further the intent of the Legislature to provide to any
person, whose injury is proximately caused by the use of the vaccine,
except to the extent the injuries are attributable to the
comparative negligence of the claimant in the use of the vaccine, all
of the following:
   (1) Compensation for related medical costs associated with the
care and treatment of the injury.
   (2) Compensation for the loss of any and all earnings caused by
the injury.
   (3) Compensation for pain and suffering caused by the injury,
except that in no action shall the amount of damages for noneconomic
losses exceed five hundred fifty thousand dollars ($550,000).
   (e) It is further the intent of the Legislature to establish the
AIDS Clinical Trials Testing Fund that will be available to not more
than three California manufacturers of an AIDS vaccine approved by
the federal Food and Drug Administration (FDA) or the department
pursuant to Part 5 (commencing with Section 109875) of Division 104
for clinical trials with humans.
   (f) The AIDS Vaccine Research and Development Advisory Committee,
established pursuant to Section 121210, shall review requests from
California manufacturers for funds from the AIDS Clinical Trials
Testing Fund and shall make recommendations to the department
regarding the award of funds, including the appropriate amount of
funding.  The department, taking into consideration the committee's
recommendations, may allocate the funds  to the manufacturers
specified in the protocol approved by the FDA or the department
pursuant to Part 5 (commencing with Section 109875) of Division 104
for administering the clinical trials.
   (g) A California manufacturer seeking the approval of the FDA,
rather than the department, for administering clinical trials of an
AIDS vaccine may apply while FDA approval is pending to the AIDS
Vaccine Research and Development Advisory Committee for the committee'
s recommendation that the manufacturer receive funds from the AIDS
Clinical Trials Testing Fund upon FDA approval.
   121265.  "State," as used in this chapter, has the same meaning as
set forth in Section 900.6 of the Government Code.
   121270.  (a) There is hereby created the AIDS Vaccine Victims
Compensation Fund.
   (b) For the purposes of this section:
   (1) "AIDS vaccine" means a vaccine that (A) has been developed by
any manufacturer and (B) is approved by the FDA or the department
pursuant to Part 5 (commencing with Section 109875) of Division 104
as a safe and efficacious vaccine for the purpose of immunizing
against AIDS.
   (2) "Board" means the State Board of Control.
   (3) "Damages for personal injuries," means the direct medical
costs for the care and treatment of injuries to any person, including
a person entitled to recover damages under Section 377 of the Code
of Civil Procedure, proximately caused by an AIDS vaccine, the loss
of earnings caused by the injuries, and the amount necessary, but not
to exceed five hundred fifty thousand dollars ($550,000), to
compensate for noneconomic losses, including pain and suffering
caused by the injuries.
   (4) "Fund" means the AIDS Vaccine Victims Compensation Fund.
   (c) The board shall pay from the fund, contingent entirely upon
the availability of moneys as provided in subdivision (o), damages
for personal injuries caused by an AIDS vaccine that is sold in or
delivered in California, and administered or dispersed in California
to the injured person except that no payment shall  be made for any
of the following:
   (1) Damages for personal injuries caused by the vaccine to the
extent that they are attributable to the comparative negligence of
the person making the claim.
   (2) Damages for personal injuries in any instance when the
manufacturer has been found to be liable for the injuries in a court
of law.
   (3) Damages for personal injuries due to a vaccination
administered during a clinical trial.
   (d) An application for payment of damages for personal injuries
shall be made on a form prescribed by the board, that application may
be required to be verified, within one year of the date that the
injury and its cause are discovered.  Upon receipt, the board may
require the submission of additional information necessary to
evaluate the claim.
   (e) (1) Within 45 days of the receipt of the application and the
submission of any additional information, the board shall do either
of the following:
   (A) Allow the claim in whole or part.
   (B) Disallow the claim.
   (2) In those instances of unusual hardship to the victim, the
board may grant an emergency award to the injured person to cover
immediate needs upon agreement by the injured person to repay in the
event of a final determination denying the claim.
   (3) If the claim is denied in whole or part, the victim may apply
within 60 days of denial for a hearing.  The hearing shall be held
within 60 days of the request for a hearing unless the injured person
requests a later hearing.
   (f) At the hearing the injured person may be represented by
counsel and may present relevant evidence as defined in subdivision
(c) of Section 11513 of the Government Code.  The board may consider
additional evidence presented by its staff.  If the injured person
declines to appear at the hearing, the board may act solely upon the
application, the staff report, and other evidence that appears on the
record.
   (g) The board may delegate the hearing of applications to hearing
examiners.
   (h) The decision of the board shall be in writing and shall be
delivered or mailed to the injured person within 30 days of the
hearing.  Upon the request by the applicant within 30 days of
delivery or mailing, the board may reconsider its decision.
   (i) Judicial review of a decision shall be under Section 1094.5 of
the Code of Civil Procedure, and the court shall exercise its
independent judgment.  A petition for review shall be filed as
follows:
   (1) If no request for reconsideration is made, within 30 days of
personal delivery or mailing of the board's decision on the
application.
   (2) If a timely request for reconsideration is filed and rejected
by the board, within 30 days of personal delivery or mailing of the
notice of rejection.
   (3) If a timely request for reconsideration is filed and granted
by the board, or reconsideration is ordered by the board, within 30
days of personal delivery or mailing of the final decision on the
reconsidered application.
   (j) The board shall adopt regulations to implement this section,
including those governing discovery.
   (k) The fund is subrogated to any right or claim that any injured
person may have who receives compensation pursuant to this section,
or any right or claim that the person's personal representative,
legal guardian, estate, or survivor may have, against any third party
who is liable for the personal injuries caused by the AIDS vaccine,
and the fund shall be entitled to indemnity from that third party.
The fund shall also be entitled to a lien on the judgment, award, or
settlement in the amount of any payments made to the injured person.

   (l) In the event that the injured person, or his or her guardian,
personal  representative, estate, or survivors, or any of them, bring
an action for damages against the person or persons liable for the
injury or death giving rise to an  award by the board under this
section, notice of institution of legal proceedings and notice of any
settlement shall be given to the board in Sacramento except in cases
where the board specifies that notice shall be given to the Attorney
General.  All notices shall be given by the attorney employed to
bring the action for damages or by the injured person, or his or her
guardian, personal representative, estate, or survivors, if no
attorney is employed.
   (m) This section is not intended to affect the right of any
individual to pursue claims against the fund and lawsuits against
manufacturers concurrently, except that the fund shall be entitled to
a lien on the judgment, award, or settlement in the amount of any
payments made to the injured party by the fund.
   (n) There is hereby created the AIDS Vaccine Injury Compensation
Policy Review Task Force consisting of 14 members.  The task force
shall be composed of 10 members appointed by the Governor, of which
two shall be from a list provided by the California Trial Lawyers
Association, one from the department, the Director of Finance, one
unspecified member, and one attorney with experience and expertise in
products liability and negligence defense work, two representing
recognized groups that represent victims of vaccine induced injuries
or AIDS victims, or both, and two representing manufacturers actively
engaged in developing an AIDS vaccine.  In addition four Members of
the Legislature or their designees shall be appointed to the task
force, two of which shall be appointed by the Speaker of the Assembly
and two of which shall be appointed by the Senate Rules Committee.
The chairperson of the task force shall be appointed by the Governor
from the membership of the task force.  The task force shall study
and make recommendations on the legislative implementation of the
fund created by subdivision (a).  These recommendations shall at
least address the following issues:
   (1) The process by which victims are to be compensated through the
fund.
   (2) The procedures by which the fund will operate and the
governance of the fund.
   (3) The method by which manufacturers are to pay into the fund and
the amount of that payment.
   (4) The procedural relationship between a potential victim's claim
through the fund and a court claim made against the manufacturer.
   (5) Other issues deemed appropriate by the task force.
   The task force shall make its recommendations to the Legislature
on or before June 30, 1987.
   (o) The fund shall be funded wholly by a surcharge on the sale of
an AIDS vaccine, that has been approved by the FDA, or by the
department pursuant to Part 5 (commencing with Section 109875) of
Division 104, in California in an amount to be determined by the
department.  The surcharge shall be levied on the sale of each unit
of the vaccine sold or delivered, administered, or dispensed in
California.  The appropriate amount of the surcharge shall be studied
by the AIDS Vaccine Injury Compensation Policy Review Task Force
which shall recommend the appropriate amount as part of its report,
with the amount of the surcharge not to exceed ten dollars ($10) per
unit of vaccine.  Expenditures of the task force shall be made at the
discretion of the Director of Finance or the director's designee.
   (p) For purposes of this section, claims against the fund are
contingent upon  the existing resources of the fund as provided in
subdivision (o), and in no case shall the state be liable for any
claims in excess of the resources in the fund.
   121275.  (a) Because the development of a vaccine now costs
somewhere between twenty million dollars ($20,000,000) and forty
million dollars ($40,000,000), and because the last vaccine produced
and marketed did not sell well, vaccine manufacturers are hesitant to
proceed to invest their resources in a risky venture.  It is,
therefore, in the public health interest of California to assure that
                                                   manufacturers
proceed to develop this vaccine and protect Californians against this
dread disease and protect the State of California against the
enormous fiscal costs of treatment for persons getting AIDS.  It is a
sound and worthwhile investment to provide a guarantee of a market
to lessen the risk of loss and assure the development of an AIDS
vaccine.
   It is anticipated that this AIDS vaccine will consist of a
three-unit series.  The State of California is willing to guarantee
that at least 175,000 persons will be vaccinated, and to guarantee
the purchase, within three years after the FDA or the department
pursuant to Part 5(commencing with Section 109875) of Division 104
approves marketing of an AIDS vaccine, of at least 500,000 units, at
a cost of no more than twenty dollars ($20) per dosage, by all
companies, anywhere in the United States.
   Therefore, the State of California, by moneys to be appropriated
later through the Budget Act, commits itself to purchasing, at the
end of three years after the FDA or the department pursuant to Part 5
(commencing with Section 109875) of Division 104 has approved the
marketing on a competitive basis, at not more than twenty dollars
($20) per dosage, the difference between 500,000 units and the actual
amount sold, delivered, administered, or dispensed by all companies
throughout the United States, including units sold to or reimbursed
by Medi-Cal, Medicare, or other public programs, providing that less
than 500,000 units are sold, delivered, administered, or dispensed.
   (b) The AIDS Vaccine Guaranteed Purchase Fund is hereby
established and shall be administered by the department, that may
develop necessary regulations to carry out the purpose of this
section.
   (c) The department may carry out this section, when those funds
are appropriated through the State Budget.  In determining which
vaccine shall be purchased by the state from among those
manufacturers selling or distributing in California, an AIDS vaccine
approved by the FDA or the department pursuant to Part 5 (commencing
with Section 109875) of Division 104, the department shall take into
consideration at least all of the following factors:
   (1) The length of time each AIDS vaccine has been in the
marketplace in California.
   (2) Each AIDS vaccine's history of efficacy since approval by the
FDA or the department.
   (3) Each AIDS vaccine's history of side effects experienced by
previous recipients of the vaccine.
   (4) The relative cost of each competing manufacturer's AIDS
vaccine.
   121280.  (a) In enacting this section the Legislature finds and
declares:
   (1) It is in the interest of the people of California to develop a
vaccine that will prevent the infection of HIV, the agent that
causes AIDS.
   (2) In order to develop that vaccine, a prototype vaccine must be
first given to HIV-negative people to determine the following:
   (A) The vaccine's toxicity.
   (B) The vaccine's efficacy.
   (C) The human immune response to the vaccine.
   (3) These studies are currently impossible because vaccine
manufacturers fear that, by inoculating HIV-negative individuals with
an experimental vaccine, they will elicit a positive immune response
as measured by an enzyme linked immunosorbent assay (ELISA), western
blot or other federal Food and Drug Administration approved in vitro
diagnostic test, thereby placing vaccine volunteers at risk for
denial of health or life insurance by insurance carriers as a
consequence of their participation.
   (4) Insurers need a reliable mechanism by which they can verify
the insurability of a vaccine trial participant.
   (b) No health care service plan, disability insurer, nonprofit
hospital service plan, self-insured employee welfare benefit plan, or
life insurer may withhold any settlement or coverage of an
individual solely because of his or her participation in an AIDS/HIV
vaccine clinical trial studied under an investigational new drug
application effective pursuant to Section 312 of Title 21 of the Code
of Federal Regulations, or Section 111595.
   (c) The sponsor of any such trial shall make a confidential
certificate with all the necessary particulars, which shall be
determined by the department, for each enrollee and then submit it to
the department, which shall endorse it and return it to the vaccine
recipient.  A copy of this confidential certificate shall be kept on
file indefinitely by both the study sponsor and the department.
   (d) Release of a confidential certificate shall be by written
authorization of the enrollee named in the certificate.  If the
enrollee is unable to provide the written authorization, a person
designated in the certificate by the enrollee may provide the written
authorization.  The written authorization shall include the name of
the person or entity to whom the disclosure would be made.
   Disclosure as used in this section means to release, transfer,
disseminate or otherwise communicate all or part of any confidential
certificate orally, in writing, or by electronic means to any person
or entity.

      CHAPTER 14.  ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)
CLINICAL TRIAL GRANT AWARD FOR THE PREVENTION OF MATERNAL
TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION

   121300.  The Legislature finds and declares all of the following:

   (a) Nearly 90 percent of the cases of pediatric AIDS in the United
States occur as a result of maternal infant transmission.
   (b) It is estimated that from 13 to 45 percent of infants born to
HIV-infected mothers will acquire HIV either in utero, during
delivery, or postpartum.
   (c) In 1990, the number of cases of AIDS in women in the United
States increased by 34 percent compared to an increase of 18 percent
in men.  As a consequence of this increased dissemination of HIV in
women, there has been a concomitant increase in the number of HIV
infected infants.
   (d) Approximately 6,000 children were born to HIV-infected women
in the United States in 1990.  This resulted in 1,500 to 2,000 newly
infected infants.  Internationally, it is estimated that one million
children acquired HIV through maternal transmission in 1990.
   (e) HIV infection that is transmitted maternally progresses more
rapidly than HIV infection in adults, with most infants developing
advanced symptoms of infection within 18 months.  Costs for care of
infants infected with HIV have been estimated to be comparable or
higher than the cost of treating HIV-related illness in adults.
Currently, limited data exists for the costs of treating HIV-infected
children.  A recent estimate for those costs is as follows:
   (1) For the mean lifetime hospital costs per child:  ninety
thousand dollars ($90,000).
   (2) For the mean annual cost per child hospitalized all year:  two
hundred nineteen thousand dollars ($219,000).  A significant portion
of pediatric hospital costs may be due to a prolonged
hospitalization because of the lack of foster homes for children.
   (3) For the estimated annual medicaid cost:  eighteen thousand
dollars ($18,000) to forty-two thousand dollars ($42,000).
   (4) In comparison, recent estimates of the national cost of
treating an adult with HIV and without AIDS is five thousand dollars
($5,000) per year and the average cost of treating an adult person
with AIDS is thirty-two thousand dollars ($32,000) per year of that
twenty-four thousand dollars ($24,000) is inpatient costs and eight
thousand dollars ($8,000) for other services.
   (f) AIDS vaccines are now available for testing in FDA-approved
clinical trials in HIV-infected pregnant women for the purpose of
protecting against HIV transmission from mother to child.
   (g) Manufacturers are hesitant to conduct these trials because of
the combined threat of liability and the limited market to reimburse
the research and clinical trial investment.
   (h) The California Legislature wishes to encourage FDA-approved
AIDS vaccine clinical trials to protect against maternal HIV
transmission from mother to child, that may also provide a
therapeutic effect in the HIV-infected mother.  It is appropriate to
mandate that grants be made to encourage qualified manufacturers to
conduct these trials for the benefit of California citizens.
   121305.  For the purposes of this chapter, the following
definitions apply:
   (a) "AIDS" means acquired immune deficiency syndrome.
   (b) "An HIV-positive individual" means an individual who is
infected with the AIDS virus.
   (c) "Committee" means the AIDS Vaccine Research and Development
Advisory Committee established pursuant to Section 121210.
   (d) "Grant award" means an AIDS Vaccine Clinical Trial Grant Award
for the Prevention of Maternal Transmission of HIV Infection.
   (e) "AIDS vaccine," for the purposes of this chapter, means a
vaccine that has been developed by a manufacturer and is being tested
and administered for the purposes of determining whether
immunization of HIV-infected pregnant women will protect against
maternal transmission of the AIDS virus.  Clinical trials must be
conducted under an investigational new drug (IND) application on file
with the federal Food and Drug Administration (FDA).
   (f) "Research subject" means a person who is administered an AIDS
vaccine, or a fetus of a woman administered an AIDS vaccine, or a
child born to a woman administered an AIDS vaccine during pregnancy.

   (g) "Researcher" means a person employed by or affiliated with a
manufacturer or a research institution, who participates in the
development or testing or administration of an AIDS vaccine, or who
is involved in the diagnosis and treatment of a research subject.
   121310.  A manufacturer, research institution, or researcher
shall, prior to the administration of an AIDS vaccine to a research
subject, obtain that woman's informed consent, that shall comply with
all applicable statutes and regulations.
   (a) The informed consent shall contain a statement that
significant new findings developed during the course of the research
that may relate to the subject's willingness to continue
participation will be provided to the subject.
   (b) A copy of the informed consent shall be maintained with the
woman's medical records.
   121315.  (a) A manufacturer, research institution, or researcher
shall not be strictly liable for personal injury or wrongful death
resulting from the administration of any AIDS vaccine to a research
subject participating in the clinical trials described in this
chapter.
   (b) It is the intent of the Legislature in enacting this section
to confer upon manufacturers, research institutions, and researchers
participating in the clinical trials described in this chapter an
immunity from liability to the same extent as conferred upon
specified pharmaceutical manufacturers under Brown v. Superior Court,
44 Cal. 3d 1049.
   (c) No immunity shall be conferred to the extent that the injury
or death was caused by the negligence, gross negligence, or reckless,
willful, or wanton misconduct of the manufacturer, research
institution, or researcher or the manufacturer, research institution,
or the researcher has failed to comply with Section 121310.
   (d) The immunity provided by this section shall not apply to a
manufacturer, research institution, or researcher who intentionally
provided false information to the FDA in connection with an IND
application.
   (e) Notwithstanding the immunity provided by this section, nothing
in this section shall be construed to affect the inapplicability or
applicability of the holding in Brown v. Superior Court, 44 Cal. 3d
1049 to other situations involving the same or similar conduct.
   121320.  No person shall be denied the opportunity to be a
research subject because of the inability to pay for medical
treatment.
   121325.  There is hereby created the AIDS Vaccine Clinical Trial
Grant Award for the Prevention of Maternal Transmission of HIV
Infection.  Moneys within the AIDS Clinical Trials Testing Fund,
established in accordance with Section 121260, shall, upon
appropriation by the Legislature, be available to the department for
the purposes of this chapter, that shall include a one-time amount of
sixty thousand dollars ($60,000) for the department to develop and
process the request for proposal as specified in subdivision (a).
Grant awards shall be made available to not more than three
manufacturers of an AIDS vaccine approved by the FDA for clinical
trials in HIV-positive pregnant women.  The purpose is to expedite
the completion of an AIDS vaccine to prevent maternal transmission of
HIV.  The funds are to be used for FDA approved clinical trials.
   (a) The department shall issue a request for proposal (RFP) for
the clinical trials of an AIDS vaccine to prevent maternal
transmission of HIV infection.
   (1) The RFP shall be based on the criteria provided in subdivision
(d).
   (2) Upon issuing the RFP, the department shall publish this fact
along with the deadline for grant proposals in the newspapers with
the greatest circulation in the major cities of the state, as
determined by the department.  Additionally, upon issuing the RFP,
the same information shall be transmitted to the Secretary of the
Senate and the Chief Clerk of the Assembly for publishing in the
respective journals of each house of the Legislature.
   (b) Any manufacturer may submit a proposal for the grant award in
the response to the RFP issued by the department.
   (c) The department, taking into consideration the committee's
recommendations, shall, for purposes of this chapter, award grants to
no more than three California manufacturers after receiving the
committee's recommendations.
   (d) The department, making use of an RFP, shall include a clear
description of the criteria to be used to select the projects that
will receive funding pursuant to this chapter.  The committee shall
make recommendations to the department regarding the content of the
RFP.  The criteria shall include, but not be limited to, the
following:
   (1) The potential of the grant recipient to develop a vaccine for
the prevention of maternal transmission of HIV infection.
   (2) The financial, technical, and managerial commitment of the
grant recipient to the development of the vaccine.
   (3) The commitment of the grant recipient to agree to provide
medical treatment, either directly or through reasonable health
insurance coverage, to the participant for any injury caused by the
AIDS vaccine in the clinical trial.  This agreement shall also be
included as part of the participant's informed consent pursuant to
Section 121305.
   (e) Grant awards may be made without limitation on the amount of
funding from the AIDS Clinical Trials Testing Fund that may be
allocated to a single manufacturer, provided that the committee has
determined that the grant award is in the public interest.
   121330.  If a manufacturer that is a grant recipient sells,
delivers, or distributes an AIDS vaccine that has received FDA
approval for use by the general population and that was developed in
whole or in part using a grant awarded pursuant to this chapter, the
State of California shall be reimbursed for the grant as provided in
this section.
   Until the total amount of the grant is repaid, repayments in the
amount of one dollar ($1) per dose from the sale of the AIDS vaccine
shall be deposited by the grant recipient into the General Fund.
Upon payment in full of the grant amount into the General Fund, a
royalty on the sale of the vaccine from the grant recipient shall be
deposited into the General Fund.  The percentage amount of the
royalty shall be negotiated at the time of the grant award.
   121335.  It is the intent of the Legislature for the department to
make every effort possible to insure a comprehensive and diverse
expert representation on the committee.  It is the intent of the
Legislature to ensure that expert members of the committee include,
but are not limited to, ethnic minorities and women.

      PART 5.  TUBERCULOSIS
      CHAPTER 1.  TUBERCULOSIS CONTROL

   121350.  The department shall maintain a program for the control
of tuberculosis.  The department shall administer the funds made
available by the state for the care of tuberculosis patients.
   121355.  Notwithstanding any other provision of this chapter a
county that has elected to come under Section 14150.1 of the Welfare
and Institutions Code shall not receive any tuberculosis subsidy or
reimbursement from the state under the provisions of this chapter.
   121357.  The state department shall be the lead agency for all
tuberculosis control and prevention activities at the state level.
   121360.  Pulmonary tuberculosis is an infectious and communicable
disease, dangerous to the public health, and all proper expenditures
that may be made by any county, pursuant to this chapter, are
necessary for the preservation of the public health of the county.
   121361.  (a) (1) A health facility, local detention facility, or
state correctional institution shall not discharge or release any of
the following persons unless subdivision (e) is complied with:
   (A) A person known to have active tuberculosis disease.
   (B) A person who the medical staff of the health facility or of
the penal institution has reasonable grounds to believe has active
tuberculosis disease.
   (2) In addition, persons specified in this subdivision may be
discharged from a health facility only after a written treatment plan
described in Section 121362 is approved by a local health officer of
the jurisdiction in which the health facility is located.  Treatment
plans submitted for approval pursuant to this paragraph shall be
reviewed by the local health officer within 24 hours of receipt of
the plans.
   (3) The approval requirement of paragraph (2) shall not apply to
any transfer to a general acute care hospital when the transfer is
due to an immediate need for a higher level of care, nor to any
transfer from any health facility to a correctional institution.
Transfers or discharges described in this paragraph shall occur only
after the notification and treatment plan required by Section 121362
have been received by the local health officer.
   (4) This subdivision shall not apply to transfers within the state
correctional system or to interfacility transfers occurring within a
local detention facility system.
   (b) No health facility shall transfer a person described in
subparagraph (A) or (B) of paragraph (1) of subdivision (a) to
another health facility unless subdivision (e) is complied with.
This subdivision shall not apply to transfers within the state
correctional system or to interfacility transfers occurring within a
local detention facility system.
   (c) No state correctional institution or local detention facility
shall transfer a person described in subparagraph (A) or (B) of
paragraph (1) of subdivision (a) from a state to a local, or from a
local to a state, penal institution unless notification and a written
treatment plan are received by the chief medical officer of the
penal institution receiving the person.
   (d) No local detention facility shall transfer a person described
in subparagraph (A) or (B) of paragraph (1) of subdivision (a) to a
local detention facility in another jurisdiction unless subdivision
(e) is complied with and notification and a written treatment plan
are received by the chief medical officer of the local detention
facility receiving the person.
   (e) All discharges, releases, or transfers described in
subdivisions (a), (b), (c), and (d) may occur only after notification
and a written treatment plan pursuant to Section 121362 has been
received by the local health officer.  When prior notification would
jeopardize the person's health, the public safety, or the safety and
security of the penal institution, then the notification and
treatment plan shall be submitted within 24 hours of discharge,
release, or transfer.
   121362.  Each health care provider who treats a person for active
tuberculosis disease, each person in charge of a health facility, or
each person in charge of a clinic providing outpatient treatment for
active tuberculosis disease shall promptly report to the local health
officer at the times that the health officer requires, but no less
frequently than when there are reasonable grounds to believe that a
person has active tuberculosis disease, and when a person ceases
treatment for tuberculosis disease.  Situations in which the provider
may conclude that the patient has ceased treatment include times
when the patient fails to keep an appointment, relocates without
transferring care, or discontinues care.  The initial disease
notification report shall include an individual treatment plan that
includes the patient name, address, date of birth, tuberculin skin
test results, pertinent radiologic, microbiologic, and pathologic
reports whether final or pending, and any other information required
by the local health officer.  Subsequent reports shall provide
updated clinical status and laboratory results, assessment of
treatment adherence, name of current care provider if patient
transfers care, and any other information required by the local
health officer.  A facility discharge, release, or transfer report
shall include all pertinent and updated information required by the
local health officer not previously reported on initial or subsequent
reports, and shall specifically include verified patient address,
the name of the medical provider who has specifically agreed to
provide medical care, clinical information used to assess the current
infectious state, and any other information required by the local
health officer.  Each health care provider who treats a person with
active tuberculosis disease, and each person in charge of a health
facility or a clinic providing outpatient treatment for active
tuberculosis disease, shall maintain written documentation of each
patient's adherence to his or her individual treatment plans.
Nothing in this section shall authorize the disclosure of test
results for human immunodeficiency virus (HIV) unless authorized by
Chapter 7 (commencing with Section 120975) of, Chapter 8 (commencing
with Section 121025) of, and Chapter 10 (commencing with Section
121075) of, Part 4, of Division 105.
   In the case of a parolee under the jurisdiction of the Department
of Corrections, the local health officer shall notify the medical
officer of the parole region or the physician and surgeon designated
by the Director of Corrections when there are reasonable grounds to
believe that the parolee has active tuberculosis disease and when the
parolee ceases treatment for tuberculosis.  Situations where the
local health officer may conclude that the parolee has ceased
treatment include times when the parolee fails to keep an
appointment, relocates without transferring care, or discontinues
care.
   121363.  Each health care provider who treats a person for active
tuberculosis disease shall examine, or cause to be examined, all
household contacts or shall refer them to the local health officer
for examination.  Each health care provider shall promptly notify the
local health officer of the referral.  When required by the local
health officer, nonhousehold contacts and household contacts not
examined by a health care provider shall submit to examination by the
local health officer or designee.  If any abnormality consistent
with tuberculosis disease is found, steps satisfactory to the local
health officer shall be taken to refer the person promptly to a
health care provider for further investigation, and if necessary,
treatment.  Contacts shall be reexamined at times and in a manner as
the local health officer may require.  When requested by the local
health officer, a health care provider shall report the results of
any examination related to tuberculosis of a contact.
   121364.  (a) Within the territory under his or her jurisdiction,
each local health officer may order examinations for tuberculosis
infection for the purposes of directing preventive measures for
persons in the territory, except those incarcerated in a state
correctional institution, for whom the local health officer has
reasonable grounds to determine are at heightened risk of
tuberculosis exposure.
   (b) An order for examination pursuant to this section shall be in
writing and shall include other terms and conditions as may be
necessary to protect the public health.
   121365.  Each local health officer is hereby directed to use every
available means to ascertain the existence of, and immediately
investigate all reported or suspected cases of active tuberculosis
disease in the jurisdiction, and to ascertain the sources of those
infections.  In carrying out the investigations, each local health
officer shall follow applicable local rules and regulations and all
general and special rules, regulations, and orders of the state
department.  If the local health officer determines that the public
health in general or the health of a particular person is endangered
by exposure to a person who is known to have active tuberculosis
disease, or to a person for whom there are reasonable grounds to
believe has active tuberculosis disease, the local health officer may
issue any orders he or she deems necessary to protect the public
health or the health of any other person, and may make application to
a court for enforcement of the orders.  Upon the receipt of
information that any order has been violated, the health officer
shall advise the district attorney of the county in which the
violation has occurred, in writing, and shall submit to the district
attorney the information in his or her possession relating to the
subject matter of the order, and of the violation or violations
thereof.
   The orders may include, but shall not be limited to, any of the
following:
   (a) An order authorizing the removal to, detention in, or
admission into, a health facility or other treatment facility for
appropriate examination for active tuberculosis disease of a person
who is known to have active tuberculosis disease, or a person for
whom there are reasonable grounds to believe that the person has
active tuberculosis disease and who is unable or unwilling
voluntarily to submit to the examination by a physician or by the
local health officer.  Any person whom the health officer determines
should have an examination for tuberculosis disease may have the
examination made by a physician and surgeon of his or her own choice
who is licensed to practice medicine under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code
under terms and conditions as the local health officer shall
determine on reasonable grounds to be necessary to protect the
                                         public health.  This section
does not authorize the local health officer to mandate involuntary
anergy testing.
   (b) An order requiring a person who has active tuberculosis
disease to complete an appropriate prescribed course of medication
for tuberculosis disease and, if necessary, to follow required
infection control precautions for tuberculosis disease.  This
subdivision does not allow the forceable or involuntary
administration of medication.
   (c) An order requiring a person who has active tuberculosis
disease and who is unable or unwilling otherwise to complete an
appropriate prescribed course of medication for tuberculosis disease
to follow a course of directly observed therapy.  This subdivision
does not allow forceable or involuntary administration of medication.

   (d) An order for the removal to, detention in, or admission into,
a health facility or other treatment facility of a person if both of
the following occur:
   (1) The person has infectious tuberculosis disease, or who
presents a substantial likelihood of having infectious tuberculosis
disease, based upon proven epidemiologic evidence, clinical evidence,
X-ray readings, or tuberculosis laboratory test results.
   (2) The local health officer finds, based on recognized infection
control principles, that there is a substantial likelihood the person
may transmit tuberculosis to others because of his or her inadequate
separation from others.
   (e) An order for the removal to, detention in, or admission into,
a health facility or other treatment facility of a person if both of
the following occur:
   (1) The person has active tuberculosis disease, or has been
reported to the health officer as having active tuberculosis disease
with no subsequent report to the health officer of the completion of
an appropriate prescribed course of medication for tuberculosis
disease.
   (2) There is a substantial likelihood, based on the person's past
or present behavior, that he or she cannot be relied upon to
participate in or complete an appropriate prescribed course of
medication for tuberculosis disease and, if necessary, follow
required infection control precautions for tuberculosis disease.  The
behavior may include, but is not limited to, refusal or failure to
take medication for tuberculosis disease, refusal or failure to keep
appointments or treatment for tuberculosis disease, refusal or
failure to complete the treatment for tuberculosis disease, or
disregard for infection control precautions for active tuberculosis
disease.
   (f) An order for exclusion from attendance at the workplace for
persons with infectious tuberculosis disease.  The order may, also,
exclude the person from any place when the local health officer
determines that the place cannot be maintained in a manner adequate
to protect others against the spread of tuberculosis disease.
   (g) An order for isolation of persons with infectious tuberculosis
disease to their place of residence until the local health officer
has determined that they no longer have infectious tuberculosis
disease.
   (h) This section shall apply to all persons except those
incarcerated in a state correctional institution.
   (i) This section shall not be construed to require a private
hospital or other private treatment facility to accept any patient
without a payment source, including county responsibilities under
Section 17000 of the Welfare and Institutions Code, except as
required by Sections 1317 et seq. or by federal law.
   121366.  The local health officer may detain in a hospital or
other appropriate place for examination or treatment, a person who is
the subject of an order of detention issued pursuant to subdivision
(a), (d), or (e) of Section 121365 without a prior court order except
that when a person detained pursuant to subdivision (a), (d), or (e)
of Section 121365 has requested release, the local health officer
shall make an application for a court order authorizing the continued
detention within 72 hours after the request or, if the 72-hour
period ends on a Saturday, Sunday, or legal holiday, by the end of
the first business day following the Saturday, Sunday, or legal
holiday, which application shall include a request for an expedited
hearing.  After the request for release, detention shall not continue
for more than five business days in the absence of a court order
authorizing detention.  However, in no event shall any person be
detained for more than 60 days without a court order authorizing the
detention.  The local health officer shall seek further court review
of the detention within 90 days following the initial court order
authorizing detention and thereafter within 90 days of each
subsequent court review.  In any court proceeding to enforce a local
health officer's order for the removal or detention of a person, the
local health officer shall prove the particularized circumstances
constituting the necessity for the detention by clear and convincing
evidence.  Any person who is subject to a detention order shall have
the right to be represented by counsel and upon the request of the
person, counsel shall be provided.
   121367.  (a) An order of a local health officer pursuant to
Section 121365 shall set forth all of the following:
   (1) The legal authority under which the order is issued, including
the particular sections of state law or regulations.
   (2) An individualized assessment of the person's circumstances or
behavior constituting the basis for the issuance of the order.
   (3) The less restrictive treatment alternatives that were
attempted and were unsuccessful, or the less restrictive treatment
alternatives that were considered and rejected, and the reasons the
alternatives were rejected.
   (4) The orders shall be in writing, and shall include the name of
the person, the period of time during which the order shall remain
effective, the location, payer source if known, and other terms and
conditions as may be necessary to protect the public health.  Upon
issuing an order, a copy of the order shall be served upon the person
named in the order.
   (b) An order for the detention of a person shall do all of the
following:
   (1) Include the purpose of the detention.
   (2) Advise the person being detained that he or she has the right
to request release from detention by contacting a person designated
on the local health officer's order at the telephone number stated on
the order and that the detention shall not continue for more than
five business days after the request for release, in the absence of a
court order authorizing the detention.
   (3) Advise the person being detained that, whether or not he or
she requests release from detention, the local health officer is
required to obtain a court order authorizing detention within 60 days
following the commencement of detention and thereafter shall further
seek court review of the detention within 90 days of the court order
and within 90 days of each subsequent court review.
   (4) Advise the person being detained that he or she has the right
to arrange to be represented by counsel or to have counsel provided,
and that if he or she chooses to have counsel provided, the counsel
will be notified that the person has requested legal representation.

   (5) Be accompanied by a separate notice that shall include, but
not be limited to, all of the following additional information:
   (A) That the person being detained has the right to request
release from detention by contacting a person designated on the local
health officer's order at a telephone number stated on the order,
and that the detention shall not continue for more than five business
days after the request in the absence of a court order authorizing
the detention.
   (B) That he or she has the right to arrange to be advised and
represented by counsel or to have counsel provided, and that if he or
she chooses to have counsel provided, the counsel will be notified
that the person has requested legal representation.
   (C) That he or she may supply the addresses or telephone numbers
of not more than two individuals to receive notification of the
person's detention, and that the local health officer shall, at the
patient's request, provide notice within the limits of reasonable
diligence to those people that the person is being detained.
   121368.  Notwithstanding any inconsistent provision of Section
121365, 121366 or 121367, all of the following shall apply:
   (a) A person who is detained solely pursuant to subdivision (a) of
Section 121365 shall not continue to be detained beyond the minimum
period of time required, with the exercise of all due diligence, to
make a medical determination of whether a person who is suspected of
having tuberculosis disease, has active tuberculosis or whether a
person who has active tuberculosis disease has infectious
tuberculosis disease.  Further detention of the person shall be
authorized only upon the issuance of a local health officer's order
pursuant to subdivision (d) or (e) of Section 121365.
   (b) A person who is detained solely for the reasons described in
subdivision (d) of Section 121365 shall not continue to be detained
after he or she ceases to be infectious or after the local health
officer ascertains that changed circumstances exist that permit him
or her to be adequately separated from others so as to prevent
transmission of tuberculosis disease after his or her release from
detention.
   (c) A person who is detained for the reasons described in
subdivision (e) of Section 121365 shall not continue to be detained
after he or she has completed an appropriate prescribed course of
medication.
   121369.  For the purposes of Sections 121365, 121366, and 121367,
all of the following shall apply:
   (a) If necessary, language interpreters and persons skilled in
communicating with vision and hearing impaired individuals shall be
provided in accordance with applicable law.
   (b) Nothing in those sections shall be construed to permit or
require the forcible administration of any medication without a prior
court order.
   (c) Any and all orders authorized under those sections shall be
made by the local health officer.  His or her authority to make the
orders  may be delegated to the person in charge of medical treatment
of inmates in penal institutions within the local health officer's
jurisdiction, or pursuant to Section 7.  The local health officer
shall not make any orders incorporating by reference any other rules
or regulations.
   121370.  No examination or inspection shall be required of any
person who depends exclusively on prayer for healing in accordance
with the teachings of any well recognized religious sect,
denomination or organization and claims exemption on that ground,
except that the provisions of this code regarding compulsory
reporting of communicable diseases and isolation and quarantine shall
apply where there is probable cause to suspect that the person is
infected with the disease in a communicable stage.  Such person shall
not be required to submit to any medical treatment, or to go to or
be confined in a hospital or other medical institution; provided, he
or she can be safely quarantined and/or isolated in his or her own
home or other suitable place of his or her choice.
   121375.  The department may inspect and have access to all records
of all institutions and clinics, both public and private, where
tuberculosis patients are treated.
   121380.  The department may advise officers of state educational,
correctional, and medical institutions regarding the control of
tuberculosis and the care of tuberculosis patients.
   121390.  The department shall lease any facilities it deems
necessary to care for persons afflicted with active contagious
tuberculosis who violate the quarantine or isolation orders of the
health officer as provided in Section 120280.
   121395.  Whenever any person confined in any state institution, as
provided in Section 120280, subject to the jurisdiction of the
Director of Corrections, dies, and any personal funds or personal
property of the person remains in the hands of the Director of
Corrections, those funds may be applied in an amount not exceeding
three hundred dollars ($300) to the payment of expenses relating to
burial; provided, however, that if no such funds are available, the
department shall reimburse the Director of Corrections for the
expenses in an amount not exceeding three hundred dollars ($300).
   121400.  If the place of confinement of a person confined under
the provisions of Section 120280 is in a county other than the county
where he or she was convicted, upon release he or she shall be
released in the custody of the sheriff of the county where he or she
was convicted, and the sheriff shall forthwith return him or her to
the place where he or she was convicted without the necessity of a
court order or other process.  The sheriff shall prior to the return
of the person notify the health officer having jurisdiction of the
area to which he or she will be returned of the date he or she will
reach that area.
   121450.  The department may distribute for the purpose of
tuberculosis control an annual subvention, paid quarterly, to any
local health department that maintains a tuberculosis control program
consistent with standards and procedures established by the
department.  This annual subvention shall be used primarily for the
strengthening of tuberculosis prevention activities by local health
departments.  Further, the department may allocate additional funds
to selected local health departments based on high disease incidence,
or other standards established by the department.  These additional
funds shall be expended primarily for the cost of diagnosis,
treatment, and followup services required for an effective
tuberculosis control program.  Services rendered under this section
may not be made dependent on status of residence.
   121455.  The department may establish standards and procedures for
the operation of local tuberculosis control programs.  Such
standards shall include, but not be limited to, the maintenance of
records and reports relative to services rendered and to expenditures
made that shall be reported semiannually to the department in a
manner as it may specify.
   121460.  Of the annual appropriation made to the department for
tuberculosis control, the department may expend a sum not to exceed
7.5 percent of the total, for administrative costs.  In addition, it
may, if it deems necessary, withhold a portion of the appropriation
to pay for the cost of regional laboratory services and regional
hospitalization facilities for patients whose care cannot be
reasonably accomplished in facilities available within a local health
department, or it may contract with physicians to supervise the
medical care of tuberculosis patients in areas where the specialized
care is not available.  Further, the appropriation shall be available
to purchase materials or drugs used in tuberculosis control for
distribution to local health departments.

      CHAPTER 2.  TUBERCULOSIS TESTS FOR PUPILS

   121475.  In enacting this chapter, it is the intent of the
Legislature to provide:
   (a) A means for the eventual elimination of tuberculosis.
   (b) Persons required to be tested for tuberculosis under this
chapter may obtain testing from whatever medical source they desire,
subject only to the condition that the testing be performed in
accordance with the regulations of the department and that a record
of the testing is made in accordance with the regulations.
   (c) Exemptions from tuberculosis tests because of personal
beliefs.
   (d) For the keeping of adequate records of tuberculosis tests so
that health departments, schools, and other institutions, parents or
guardians, and the persons tested will be able to ascertain that a
child is free from active tuberculosis, and so that appropriate
public agencies will be able to ascertain the testing needs of groups
of children in schools or other institutions.
   121480.  As used in this chapter, the following terms shall have
the following meanings:
   (a) "Governing authority" means the governing board of each school
district or the authority of each other private or public
institution responsible for the operation and control of the
institution or the principal or administrator of each school or
institution.
   (b) "Certificate" means a document signed by the examining
physician and surgeon who is licensed under Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions
Code, or a notice from a public health agency, a unit of the American
Lung Association, or any other private or public source, any of
which indicates examination for, and freedom from, active
tuberculosis.
   (c) "Department" means State Department of Health Services.
   121485.  (a) If the local health officer determines that persons
seeking first admission to any private or public elementary or
secondary school or institution  are reasonably suspected of having
tuberculosis and further determines that the examination of the
persons for tuberculosis is necessary for the preservation and
protection of the public health, he or she may issue an order
requiring the persons to undergo a tuberculosis examination.
   (b) If an order has been issued pursuant to subdivision (a), the
governing authority shall not unconditionally admit any person
subject to the order as a pupil of any private or public elementary
or secondary school, or institution, unless prior to his or her first
admission to that institution, he or she provides evidence to the
institution of a certificate showing that he or she is free of
communicable tuberculosis.
   (c) Thereafter, any such pupil may be required to undergo the
tuberculosis examinations and provide another certificate showing
that he or she is free of communicable  tuberculosis, if the local
health officer orders the examination.
   121490.  The examination shall consist of an approved intradermal
tuberculin skin test, that, if positive, is followed by an X-ray of
the lungs.
   121495.  (a) A person subject to an order made pursuant to
subdivision (a) of Section 121485 who does not have on file the
certificate required by this chapter may be admitted by the governing
authority on condition that within time periods designated by
regulations of the department, he or she will provide the
certificate.
   (b) The governing authority shall prohibit from further attendance
any person admitted conditionally who fails to obtain and provide
the required certificate within the time limits allowed in the
regulations of the department, unless the person is exempted under
Section 121505, until the person has provided the certificate to the
governing authority.
   121500.  The examinations required by this chapter may be
administered by any private or public source desired.
   121505.  The certificate shall not be required for a person who is
subject to an order made pursuant to subdivision (a) of Section
121485, if the parent, guardian, or other adult who has assumed
responsibility for his or her care and custody in case of a minor, or
the person seeking admission, if an emancipated minor, provides to
the governing authority an affidavit stating that the examination
required to obtain the certificate is contrary to his or her beliefs.
  If at any time there should be probable cause to believe that the
person is afflicted with active tuberculosis, he or she may be
excluded from the school or other institution listed in Section
121485 until the governing board is satisfied that he or she is not
so afflicted.
   121510.  Any person or organization administering tuberculosis
examinations shall furnish each person examined, or his or her parent
or guardian, as appropriate, with a certificate of the examination
results given in a form prescribed by the department.
   121515.  The governing authority shall cooperate with the local
health officer in carrying out any programs ordered by the local
health officer for the tuberculosis examinations of persons applying
for first admission to any school or institution under its
jurisdiction.  The governing board of any school district may use
funds, property, and personnel of the district for that purpose.
   121520.  The department, in consultation with the Department of
Education, shall adopt and enforce all and regulations necessary to
carry out this chapter.

      CHAPTER 3.  TUBERCULOSIS TESTS FOR EMPLOYEES

   121525.  (a) Except as provided in Section 121555, no person shall
be initially employed by a private or parochial elementary or
secondary school, or any nursery  school, unless that person produces
or has on file with the school a certificate showing that within the
last 60 days the person has been examined and has been found to be
free of communicable tuberculosis.
   (b) Thereafter those employees who are skin test negative shall be
required to undergo the foregoing examination at least once each
four years or more often if directed by the school upon
recommendation of the local health officer for so long as the
employee remains skin test negative.  Once an employee has a
documented positive skin test, the foregoing examination is no longer
required and a referral shall be made within 30 days of completion
of the examination to the local health officer to determine the need
for followup care.
   (c) At the discretion of the governing authority of a private
school, this section shall not apply to employees who are employed
for any period of time less than a school year whose functions do not
require frequent or prolonged contact with pupils.  The governing
authority may, however, require the examination and may as a contract
condition require the examination of persons employed under contract
if the governing authority believes the presence of the persons in
and around the school premises would constitute a health hazard to
students.
   (d) The governing authority of a private school providing for the
transportation of pupils under authorized contract shall require as a
condition of the contract that every person transporting pupils
produce a certificate showing that within the last 60 days the person
has been examined and has been found to be free of communicable
tuberculosis, except that any private contracted driver who
transports pupils on an infrequent basis, not to exceed once a month,
shall be excluded from this requirement.
   (e) The examination attested to in the certificate required
pursuant to subdivision (d) of this section shall be made available
without charge by the local health officer.
   "Certificate," as used in this chapter, means a document signed by
the examining physician and surgeon who is licensed under Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a notice from a public health agency or unit of
the Tuberculosis Association that indicates freedom from active
tuberculosis.
   (f) Nothing in this section shall prevent the governing authority
of a private, parochial, or nursery school, upon recommendation of
the local health officer, from establishing a rule requiring a more
extensive or more frequent examination than required by this section.

   121530.  The examination shall consist of an approved intradermal
tuberculosis test, that, if positive, shall be followed by an X-ray
of the lungs.
   121535.  The X-ray film may be taken by a competent and qualified
X-ray technician if the X-ray film is subsequently interpreted by a
licensed physician and surgeon.
   121540.  The school shall maintain a file containing an up-to-date
certificate for each person covered by this chapter.  It shall be
the duty of the county health officer of each county to insure that
the provisions of this chapter are complied with.
   121545.  (a) All volunteers in schools covered under this chapter
shall also be required to have on file with the school a certificate
showing that within the last four years the person has been examined
and has been found to be free of communicable tuberculosis.
   (b) At the discretion of the governing authority of a private
school, this section shall not apply to volunteers whose functions do
not necessitate frequent or prolonged contact with pupils.
   121550.  Nothing in this chapter shall prevent the school from
requiring more extensive or more frequent examinations.
   121555.  (a) A person who transfers his or her employment from one
of the schools specified in subdivision (a) of Section 121525 to
another shall be deemed to meet the requirements of subdivision (a)
of Section 121525 if the person can produce a certificate that shows
that he or she was examined within the past four years and was found
to be free of communicable tuberculosis, or if it is verified by the
school previously employing him or her that it has a certificate on
file.
   (b) A person who transfers his or her employment from a public
elementary school or secondary school to any of the schools specified
in subdivision (a) of Section 121525 shall be deemed to meet the
requirements of subdivision (a) of Section 121525 if that person can
produce a certificate as provided for in Section 11708 of the
Education Code that shows that he or she was examined within the past
four years and was found to be free of communicable tuberculosis, or
if it is verified by the school district previously employing him or
her that it has a certificate on file.

      PART 6.  VETERINARY PUBLIC HEALTH AND SAFETY
      CHAPTER 1.  RABIES CONTROL

   121575.  "Rabies," as used in this chapter, includes rabies, and
any other animal disease dangerous to human beings that may be
declared by the department as coming under chapter.
   121580.  "Quarantine," as used in this chapter, means the strict
confinement, upon the private premises of the owner, under restraint
by leash, closed cage, or paddock, of all animals specified in the
order of the department.
   121585.  "Rabies area" shall mean any area not less than a county
as determined by the director within a region where the existence of
rabies constitutes a public health hazard, as found and declared by
the director.  A region shall be composed of two or more counties as
determined by the director.  The status of an area as a rabies area
shall terminate at the end of one year from the date of the
declaration unless, not earlier than two months prior to the end of
the year, it is again declared to be a rabies area in the manner
provided in this section.  If however, the director at any time finds
and declares that an area has ceased to be a rabies area its status
shall terminate upon the date of the declaration.
   121595.  Whenever any case of rabies
                    is reported as existing in any county or city,
the department shall make, or cause to be made, a preliminary
investigation as to whether the disease exists, and as to the
probable area of the state in which the population or animals are
endangered.
   121600.  If upon the investigation the department finds that
rabies exists, a quarantine shall be declared against all animals as
are designated in the quarantine order, and living within the area
specified in the order.
   121605.  Following the order of quarantine the department shall
make or cause to be made a thorough investigation as to the extent of
the disease, the probable number of persons and animals exposed, and
the area found to be involved.
   121610.  The department may substitute for the quarantine order
regulations as may be deemed adequate for the control of the disease
in each area.
   121615.  All peace officers and boards of health shall carry out
the provisions of this chapter.
   121620.  During the period for which any quarantine order is in
force any officer may kill or in his or her discretion capture and
hold for further action by the department any animal in a quarantine
area, found on public highways, lands, and streets, or not held in
restraint on private premises as specified in this chapter.
   121625.  Any proper official within the meaning of this chapter
may examine and enter upon all private premises for the enforcement
of this chapter.
   121630.  Except as provided in Sections 121705 and 121710, every
person who possesses or holds any animal in violation of the
provisions of this chapter is guilty of an infraction, punishable by
a fine not exceeding one thousand dollars ($1,000).
   121635.  For the purpose of providing funds to pay expenses
incurred in connection with the eradication of rabies, the rabies
treatment and eradication fund is continued in existence in each
county or city in this state.
   121640.  All money collected for dog license taxes shall be
deposited to the credit of this fund with the treasurer of the county
or city; but funds now collected from any dog tax may continue to be
collected and used for other purposes specified by local ordinances.

   121645.  Upon the determination by the department that rabies
exists in any county or city, a special dog license tax shall
immediately become effective, unless a dog tax is already in force
the funds from which are available for the payment of expenditures in
accordance with this chapter.
   121650.  This tax shall be levied as follows:  An annual tax of
one dollar and fifty cents ($1.50) for each male, two dollars and
fifty cents ($2.50) for each female, and one dollar and fifty cents
($1.50) for each neuter dog.  It shall be collected by the proper
authority at the same time and in the same manner as other taxes are
collected; except that at the first collection the proportion of the
annual tax as corresponds to the number of months the tax has been in
operation plus one year advance payment shall be collected.
   121655.  After this dog license tax has been established in a
county or city, it shall be continued in force until an order has
been issued by the department declaring that county, or the portion
of that county as may be deemed advisable, to be free from rabies or
further danger of its spread.
   121660.  One half of all fines collected by any court or judge for
violations of this chapter shall be placed to the credit of the
rabies treatment and eradication fund of the county or city where the
violation occurred.
   121665.  Whenever it becomes necessary in the judgment of the
department, to enforce this chapter in any county or city, the
department may institute special measures of control to supplement
the efforts of the local authorities in any county or city whose
duties are specified in this chapter.
   121670.  All expenditures incurred in enforcing the special
measures shall be proper charges against the special fund referred to
in this chapter, and shall be paid as they accrue by the proper
authorities of each county or city where they have been incurred; but
all expenditures that may be incurred after the issuance of the
order establishing the tax and before the first collection of the
tax, shall be paid as they accrue from the general fund of the county
or city.
   121675.  All expenditures in excess of the balance of money in
this fund shall likewise be paid as they accrue from the general
fund.  All money thus expended from the general fund shall be repaid
from the special fund when the collections from the tax have provided
the money.
   121680.  Notwithstanding any other provision of this chapter a
guide dog serving a blind master shall not be quarantined, in the
absence of evidence that he or she has been exposed to rabies, unless
his or her master fails:
   (a) To keep him or her safely confined to the premises of the
master.
   (b) To keep him or her available for examination at all reasonable
times.
   121685.  Notwithstanding any other provision of this chapter, a
dog used by any state, county, city, or city and county law
enforcement agency shall not be quarantined after biting any person
if the bite occurred while the dog was being used for any law
enforcement purpose.  The law enforcement agency shall make the dog
available for examination at any reasonable time.  The law
enforcement agency shall notify the local health officer if the dog
exhibits any abnormal behavior.
   121690.  In rabies areas, all of the following shall apply:
   (a) Every dog owner, after his or her dog attains the age of four
months, shall no less than once every two years secure a license for
the dog as provided by ordinance of the responsible city, city and
county, or county.  License fees shall be fixed by the responsible
city, city and county, or county, at an amount not to exceed
limitations otherwise prescribed by state law or city, city and
county, or county charter.
   (b) Every dog owner, after his or her dog attains the age of four
months, shall, at intervals of time not more often than once a year,
as may be prescribed by the department, procure its vaccination by a
licensed veterinarian with a canine antirabies vaccine approved by,
and in a manner prescribed by the department.
   (c) All dogs under four months of age shall be confined to the
premises of, or kept under physical restraint by, the owner, keeper,
or harborer.  Nothing in this chapter and Section 120435 shall be
construed to prevent the sale or transportation of a puppy four
months old or younger.
   (d) Any dog in violation of this chapter and any additional
provisions that may be prescribed by any local governing body, shall
be impounded, as provided by local ordinance.
   (e) It shall be the duty of the governing body of each city, city
and county, or county to maintain or provide for the maintenance of a
pound system and a rabies control program for the purpose of
carrying out and enforcing this section.
   (f) It shall be the responsibility of each city, county, or city
and county to provide dog vaccination clinics, or to arrange for dog
vaccination at clinics operated by veterinary groups or associations,
held at strategic locations throughout each city, city and county,
or county.  The vaccination and licensing procedures may be combined
as a single operation in the clinics.  No charge in excess of the
actual cost shall be made for any one vaccination at a clinic.  No
owner of a dog shall be required to have his or her dog vaccinated at
a public clinic if the owner elects to have the dog vaccinated by a
licensed veterinarian of the owner's choice.
   All public clinics shall be required to operate under antiseptic
immunization conditions comparable to those used in the vaccination
of human beings.
   (g) In addition to the authority provided in subdivision (a), the
ordinance of the responsible city, city and county, or county may
provide for the issuance of a license for a period not to exceed
three years for dogs that have attained the age of 12 months or older
and have been vaccinated against rabies.  The person to whom the
license is issued pursuant to this subdivision may choose a license
period as established by the governing body of up to one, two, or
three years.  However, when issuing a license pursuant to this
subdivision, the license period shall not extend beyond the remaining
period of validity for the current rabies vaccination.  A dog owner
who complies with this subdivision shall be deemed to have complied
with the requirements of subdivision (a).
   121695.  Nothing in this chapter and Section 120435 is intended or
shall be construed to limit the power of any city, city and county,
or county in its authority in the exercise of its police power or in
the exercise of its power under any other provisions of law to enact
more stringent requirements, to regulate and control dogs within the
boundaries of its jurisdiction.
   121700.  Rabies vaccines for animal use shall not be supplied to
other than a veterinary biologic supply firm, a person licensed to
practice veterinary medicine under Chapter 11 (commencing with
Section 4800) of Division 2 of the Business and Professions Code, or
a public agency.
   121705.  Any person who willfully conceals information about the
location or ownership of an animal subject to rabies, that has bitten
or otherwise exposed a person to rabies, with the intent to prevent
the quarantine or isolation of that animal by the local health
officer is guilty of a misdemeanor.
   Any person who violates this section is guilty of a misdemeanor.

   121710.  Any person who, after notice, violates any order of a
local health officer concerning the isolation or quarantine of an
animal of a species subject to rabies, that has bitten or otherwise
exposed a person to rabies or who, after that order, fails to produce
the animal upon demand of the local health officer, is guilty of a
misdemeanor, punishable by imprisonment in the county jail for a
period not to exceed one year, or by fine of not less than one
hundred dollars ($100), nor more than one thousand dollars ($1,000)
per day of violation, or by both fine and imprisonment.

      CHAPTER 2.  AVIAN ZOONOSIS CONTROL

   121725.  No person, association, organization, partnership, or
corporation shall raise and sell, offer for sale, trade, or barter
any shell parakeet or budgerigar unless the bird is banded with
traceable, seamless, closed bands of standard size, color, and
material as specified by the department after consulting with the
advisory committee.
   121730.  No band manufacturer, bird club, association,
corporation, society, or person shall issue any bands prescribed
under Section 121725 without a permit from the department.  A permit
shall be granted by the department upon compliance with reasonable
and necessary regulations as prescribed by the board.
   121735.  No manufacturer of bands prescribed under Section 121725
shall sell or market the bands in the state without giving a bond as
required by the regulations of the board and without obtaining a
permit from the department.
   121740.  Every band issuing agency shall maintain records and make
reports as required by reasonable and necessary regulations of the
board.  The board may by regulation prescribe the keeping of sales
records as it deems necessary to effectuate the purposes of this
chapter.
   121745.  (a) Whenever the director finds that psittacosis, or any
other diseases transmissible to man from pet birds, have become a
public health hazard to the extent that control measures are
necessary or desirable, the board shall adopt additional regulations
as it deems necessary for the public health; and these regulations
shall apply to all pet birds whether or not of a species otherwise
regulated under this chapter.  These regulations shall be adopted in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (b) This section shall not be operative during the 1993-94 fiscal
year.
   121755.  All manufacturers selling or marketing bands prescribed
in Section 121725 shall collect a fee for the department on each band
sold.  The board shall provide by regulation the amount of the fee
to be collected, the total amount of those fees to yield a sum
approximating the estimated cost of the administration of the
parakeet banding program.  All fees collected by manufacturers under
this chapter shall be paid to the department quarterly on or before
the last day of the month next succeeding each quarterly period.
Such fees shall be paid by the department into the General Fund in
the State Treasury.
   121760.  The violation of any of the provisions of this chapter
shall constitute a misdemeanor.
   121765.  This chapter shall apply to all shell parakeets or
budgerigars.

      CHAPTER 3.  IMPORTATION OF WILD ANIMALS
      Article 1.  General

   121775.  As used in this chapter, "wild animal" refers to any
animal of the class Aves (birds) or class Mammalia (mammals) that
either is not normally domesticated in this state or not native to
this state.
   121780.  As used in this chapter, "enforcement officer" means any
officer, employee, or agent of the department, local health officer,
or of any state or local agency with which an agreement has been made
to enforce Article 3 (commencing with Section 121850), or local
health officer.
   121785.  The department may enter into agreement with any state or
local agency for the enforcement of Article 3 (commencing with
Section 121850) of this chapter.
   121790.  The department shall publish from time to time a list of
animals that may not be imported into this state except by permit
from the department.  Unless a permit is issued pursuant to this
chapter, it is unlawful to import into this state any wild animal for
which a permit is required by the department.
   121795.  The department may adopt regulations governing the entry,
quarantine, or release from quarantine, of any and all wild animals
imported into this state pursuant to this chapter.  The regulations
shall be designed to protect the public health against diseases known
to occur in any such animals.
   121800.  The violation of any provision of this chapter shall be a
misdemeanor.

      Article 2.  Permits

   121825.  The department may issue a written permit to import into
this state any wild animal specified by the department pursuant to
Section 121790, upon determination that the public health and safety
will not be endangered by the importation in accordance with the
terms and conditions of the permit.
   121830.  A permit shall be issued only upon written application
from the person desiring to import the species, enumerating all of
the following:
   (a) The number and true scientific name of each species of wild
animal for which a permit is requested.
   (b) The carrier and probable point of first arrival in this state
of each shipment of the species.
   (c) The purpose for which they are to be imported.
   (d) The name and address of the consignee.
   (e) The name and address of the consignor.
   (f) The place or premises where the animals shall be held in
quarantine pending the completion of the tests, veterinary
examinations, and observation period as may be specified by the
department as a condition of the permit required under this chapter.

   (g) The name and address of the licensed veterinarian who shall
conduct the tests and examinations as specified by the department
pursuant to this chapter.
   121835.  Each permit issued shall set forth the following:
   (a) The number and true scientific name of the species of wild
animal for which the permit is granted.
   (b) A statement of the terms and conditions under which the entry
of the species is permitted.
   (c) The place and conditions of quarantine where required.
   (d) A statement of the tests, veterinary examinations, observation
period, and quarantine period as may be specified by the department.

   121840.  Whenever any permit is issued under provisions of this
article, one copy shall be sent by the department to the local health
officer of the county where the species will be held in quarantine,
two copies shall accompany each shipment of wild animals involved.
   121845.  The department shall charge a fee for the issuance of the
import permit provided for under Section 121825.  The department
shall provide by regulation the amount of the fee to be collected,
the total amount of the fees to yield a sum approximating the cost of
the administration and enforcement of this chapter.  All fees shall
be paid by the department into the General Fund.

      Article 3.  Regulation and Enforcement

   121850.  Any person who imports, transports into the state, or
receives, any live wild animal enumerated in or designated pursuant
to Section 121790, shall hold the animal in confinement for
inspection and immediately notify the department of the arrival
thereof. If there is found in any shipment any species not specified
in the permit issued under this chapter and subject thereto, or more
than the number of any species specified, the animals shall be
refused admittance as provided under Section 121865.
   121855.  If, during inspection upon arrival any wild animal is
found to be diseased, or there is reason to suspect the presence of
disease that will or may endanger the public health and safety, the
diseased animal, and, if necessary, the entire shipment shall be
destroyed by or under the supervision of the enforcing officer,
unless the public health and safety will not be endangered by its
detention in quarantine for a time and under conditions satisfactory
to the enforcing officer for disinfection, treatment, or diagnosis,
or no detriment can be caused by its return to point of origin at the
option and expense of the owner or bailee.
   121860.  Whenever any wild animal brought into this state under
permit is quarantined as provided in this chapter, the species shall
not be released from quarantine except by release in writing from the
department.  All tests, veterinary examinations, and quarantines
shall be at the expense of the owner or bailee of the animals
involved.  Any species refused release from quarantine under this
section shall be destroyed, detained, or returned to its point of
origin as provided in Section 121855.
   121865.  Any live wild animal brought into this state in violation
of the provisions of this chapter or any regulations thereunder may,
upon notice from the enforcing officer inspecting them or
discovering the violation, be returned to the point of origin, or
destroyed, within the time specified in the notice, at the option of
the owner or bailee.
   The exercise of any such option shall be under the direction and
control of the enforcing officer and at the expense of the owner or
bailee.  If the owner or bailee fails to exercise the option within
the time specified in the notice, the enforcing officer shall
immediately thereafter seize and destroy the animals at the expense
of the owner or bailee.
   121870.  This chapter, or any regulations adopted pursuant
thereto, shall not authorize the importation, transportation, or
possession of any live wild animals enumerated in Chapter 2
(commencing with Section 2116) of Division 3 of the Fish and Game
Code or the regulations of the Fish and Game Commission adopted
pursuant thereto, except as provided in Chapter 2 (commencing with
Section 2116) of Division 3 of the Fish and Game Code.

      CHAPTER 4.  ANIMAL CONTROL

   121875.  This chapter may be cited as "The Dog Act of 1969."
   121880.  For the purposes of this chapter, "sentry dog" means a
dog trained to work without supervision in a fenced facility and to
deter or detain unauthorized persons found within the facility.
   121885.  For the purposes of this chapter, "narcotic detection dog"
means a dog trained to locate narcotics by scent.
   121890.  For the purposes of this chapter, "tracker or attack dog"
means a dog trained to work with a handler in searching out
facilities for burglary suspects and other intruders.
   121895.  For the purposes of this chapter, "sentry dog company"
means any person who agrees to furnish trained sentry, attack, or
narcotic detection dogs for hire.
   121900.  For the purposes of this chapter "dog handler" means any
person trained in the handling of dogs whose training includes the
care, feeding, and maintenance of dogs, and the procedures necessary
to control the behavior of a dog subject to this chapter.
   121905.  For the purposes of this chapter "hire" shall include,
but not be limited to, the renting or leasing of the services of a
dog with or without a dog handler, or the sale of a dog with an
option to repurchase.
   121910.  Each sentry dog company shall register each dog subject
to this chapter that it handles with the local law enforcement agency
and with the state, city, county, or district fire department that
has the responsibility for the prevention and suppression of fires in
the area where the sentry dog company is located.
   121915.  Each sentry dog company that handles a dog subject to
this chapter shall notify the appropriate local law enforcement
agency and the appropriate fire department by mail not more than 15
days before a dog is sent on an assignment of the location and
duration of the assignment.  The local law enforcement agency and
fire department shall maintain a file of the assignments.
   121920.  Each dog subject to this chapter shall, at all times,
wear an identification tag.  The identification tag shall be provided
by the sentry dog company furnishing the dog for hire.  Such
identification tag shall contain, but not be limited to, the
following information:
   (a) The name of the dog.
   (b) The name, address, and telephone number of the sentry dog
company furnishing the dog for hire.  Any telephone number so
provided shall be to a telephone that is manned by a person 24 hours
per day every day of the year so that calls of the public may be
received and answered.
   The identification tag required by this section shall be in
addition to any tag required or issued by any agency of government to
show that a dog has been immunized or inoculated against disease.
   121925.  Whenever a dog subject to this chapter is being
transported anywhere, it shall be well secured in a humane manner as
will reasonably prevent its possible escape.
   121930.  Each dog subject to this chapter shall, wherever and
whenever the dog is kept when on actual duty, be visited by a dog
handler at least once every 12 hours to insure that the dog's
physical condition, its surroundings, and its food and water supply
are adequate, and if inadequate, the dog handler shall do whatever
may be necessary to correct or remedy the situation.  Such dog
handler shall be either the owner of, or be employed by or under
contract to, the sentry dog company that placed the dog on
assignment.
   121935.  (a) No person shall take a sentry dog or a tracker or
attack dog into, or keep a sentry dog or a tracker or attack dog in,
any portion of any business establishment that is open to the general
public, unless any such dog is accompanied or kept by a dog handler.

   (b) No person shall keep any sentry dog or tracker or attack dog
in any business establishment or any other place open to the general
public at any time unless there is posted at every entrance of the
business establishment or place a sign of sufficient size and design
to warn persons that such a dog is used at the business establishment
or place.
   (c) This section does not apply to dogs used and accompanied by
peace officers or uniformed employees of private patrol operators and
operators of a private patrol service who are licensed pursuant to
Chapter 11.5 (commencing with Section 7580) of Division 3 of the
Business and Professions Code, while employees are acting within the
course and scope of their employment as private patrolmen.
   (d) This section does not apply to any dog handler or his or her
dog while training the dog or another dog handler.
   121940.  Any violation of any provision of this chapter shall be
punishable by a fine of two hundred dollars ($200).

      CHAPTER 5.  SALE OF DOGS AND CATS
      Article 1.  Sale of Dogs by Breeders

   122045.  (a) This article shall be known and may be cited as the
Polanco-Lockyer Pet Breeder Warranty Act.
   (b) Every breeder of dogs shall comply with this article.  As used
in this article, "dog breeder," or "breeder" means a person, firm,
partnership, corporation, or other association that has sold,
transferred, or given away 50 or more dogs during the proceeding
calendar year that were bred and reared on the premises of the
person, firm, partnership, corporation, or other association.
   (c) For the purposes of this article, "purchaser" means any person
who purchases a dog from a breeder.
   (d) This article shall not apply to pet dealers regulated under
Article 2 (commencing with Section 122125), or to publicly operated
pounds, humane societies, or privately operated rescue organizations.

   122050.  (a) Every breeder of dogs shall deliver to each purchaser
of a dog a written disclosure containing all of the following:
   (1) The breeder's name and address.  If the breeder is a dealer
licensed by the United States Department of Agriculture, the federal
dealer identification number shall also be indicated.
   (2) The date of the dog's birth and the date the breeder received
the dog.  If the dog is not advertised or sold as purebred,
registered, or registerable, the date of birth may be approximated if
not known by the breeder.
   (3) The breed, sex, color, and identifying marks at the time of
sale, if any.  If the dog is from a United States Department of
Agriculture licensed source, the individual identifying tag, tattoo,
or collar number for that animal.  If the breed is unknown or mixed,
the record shall so indicate.
   (4) If the dog is being sold as being capable of registration, the
names and registration numbers of the sire and dam, and the litter
number, if known.
   (5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of
administration and the type of vaccine or worming treatment.
   (6) A record of any veterinarian treatment or medication received
by the dog while in the possession of the breeder and either of the
following:
   (A) A statement, signed by the breeder at the time of sale, that:

   (i) The dog has no known disease or illness.

    (ii) The dog has no known congenital or hereditary condition that
adversely affects the health of the dog at the time of the sale or
that is likely to adversely affect the health of the dog in the
future.
   (B) A record of any known disease, illness, or congenital or
hereditary condition that adversely affects the health of the dog at
the time of sale, or that is likely to affect the health of the dog
in the future, along with a statement signed by a veterinarian
licensed in the State of California that authorizes the sale of the
dog, recommends necessary treatment, if any, and verifies that the
disease, illness, or condition does not require hospitalization or
nonelective surgical procedures, nor is it likely to require
hospitalization or nonelective surgical procedures in the future.  A
veterinarian statement is not required for intestinal or external
parasites unless their presence makes the dog clinically ill or is
likely to make the dog clinically ill.  The statement shall be valid
for seven days following examination of the dog by the veterinarian.

   (b) The written disclosure made pursuant to this section shall be
signed by both the breeder certifying the accuracy of the statement,
and by the purchaser of the dog acknowledging receipt of the
statement.
   (c) In addition, all medical information required to be disclosed
pursuant to this section shall be made orally by the breeder to the
purchaser.
   (d) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health
of the dog at the time of sale, or is likely to adversely affect the
health of the dog in the future, shall be one that is apparent at the
time of sale or that should have been known by the breeder from the
history of veterinary treatment disclosed pursuant to this section.
   (e) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve
or restore the health of the dog, to prevent the dog from
experiencing pain or discomfort, or to correct a condition that would
otherwise interfere with the dog's ability to walk, run, jump, or
otherwise function in a normal manner.
   (f) For the purposes of this article, "clinically ill" means an
illness that is apparent to a veterinarian based on observation,
examination, or testing of the dog, or upon a review of the medical
records relating to the dog.
   122055.  A breeder shall maintain a written record on the health,
status, and disposition of each dog for a period of not less than one
year after disposition of the dog.  The record shall also include
all of the information that the breeder is required to disclose
pursuant to Section 122050.
   122060.  Except as provided for in paragraph (6) of subdivision
(a) of Section 122050, no breeder shall knowingly sell a dog that is
diseased, ill or has a condition, any one of which that requires
hospitalization or nonelective surgical procedures.  In lieu of the
civil penalties imposed pursuant to Section 122110, any breeder who
violates this section shall be subject to a civil penalty of up to
one thousand dollars ($1,000), or shall be prohibited from selling
dogs for up to 30 days, or both.  If there is a second offense, the
breeder shall be subject to a civil penalty of up to two thousand
five hundred dollars ($2,500), or a prohibition from selling dogs for
up to 90 days, or both.  For a third offense, the breeder shall be
subject to a civil penalty of up to five thousand dollars ($5,000),
or a prohibition from selling dogs for up to six months, or both.
For a fourth and subsequent offense, the breeder shall be subject to
a civil penalty of up to ten thousand dollars ($10,000) or a
prohibition from selling dogs for up to one year, or both.  For the
purpose of this section, a violation that occurred over five years
prior to the most recent violation shall not be considered.
   An action for recovery of the civil penalty and for a court order
enjoining the breeder from engaging in the business of selling dogs
at retail for the period set forth in this section, may be prosecuted
by the district attorney for the county in which the violation
occurred, or the city attorney for the city in that the violation
occurred, in the appropriate court.
   122065.  It shall be unlawful for a breeder to fail to do any of
the following:
   (a) Maintain facilities where the dogs are kept in a sanitary
condition.
   (b) Provide dogs with adequate nutrition and potable water.
   (c) Provide adequate space appropriate to the age, size, weight,
and breed of dog.  For purposes of this subdivision, "adequate space"
means sufficient space for the dog to stand up, sit down, and turn
about freely using normal body movements, without the head touching
the top of the cage, and to lie in a natural position.
   (d) Provide dogs housed on wire flooring with a rest board,
floormat, or similar device that can be maintained in a sanitary
condition.
   (e) Provide dogs with adequate socialization and exercise.  For
the purpose of this article, "socialization" means physical contact
with other dogs or with human beings.
   (f) Wash hands before and after handling each infectious or
contagious dog.
   (g) Provide veterinary care without delay when necessary.
   122070.  If a licensed veterinarian states in writing that within
15 days after the purchaser has taken physical possession of a dog
following the sale by a breeder, the dog has become ill due to any
illness or disease that existed in the dog on or before delivery of
the dog to the purchaser, or, if within one year after the purchaser
has taken physical possession of the dog after the sale by a breeder,
a veterinarian licensed in this state states in writing that the dog
has a congenital or hereditary condition which that adversely
affects the health of the dog, or which that requires, or is likely
in the future to require, hospitalization or nonelective surgical
procedures, the dog shall be considered unfit for sale, and the
breeder shall provide the purchaser with any of the following
remedies that the purchaser elects:
   (1) Return the dog to the breeder for a refund of the purchase
price, plus sales tax, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed
the original purchase price of the dog, including sales tax.
   (2) Exchange the dog for a dog of the purchaser's choice of
equivalent value, providing a replacement dog is available, and
receive reimbursement for reasonable veterinary fees for diagnosis
and treating the dog in an amount not to exceed the original purchase
price of the dog, plus sales tax on the original purchase price of
the dog.
   (3) Retain the dog, and receive reimbursement for reasonable
veterinary fees for diagnosis and treating the dog in an amount not
to exceed 150 percent of the original purchase price of the dog, plus
sales tax.
   (b) If the dog has died, regardless of the date of death of the
dog, obtain a refund for the purchase price of the dog, plus sales
tax, or a replacement dog of equivalent value of the purchaser's
choice, and reimbursement for reasonable veterinary fees for
diagnosis and treatment of the dog in an amount not to exceed the
purchase price of the dog, plus sales tax, if any of the following
conditions exist:
   (1) A veterinarian, licensed in this state, states in writing that
the dog has died due to an illness or disease that existed within 15
days after the purchaser obtained physical possession of the dog
after the sale by a breeder.
   (2) A veterinarian, licensed in this state, states in writing that
the dog has died due to a congenital or hereditary condition that
was diagnosed by the veterinarian within one year after the purchaser
obtained physical possession of the dog after the sale by a breeder.

   122075.  (a) There shall be a rebuttable presumption that an
illness existed at the time of sale if the animal dies within 15 days
of delivery to the purchaser.
   (b) For purposes of Section 122070, a finding by a veterinarian of
intestinal or external parasites shall not be grounds for declaring
a dog unfit for sale unless their presence makes the dog clinically
ill or is likely to make the dog clinically ill.
   (c) For purposes of Section 122070, the value of veterinary
services shall be deemed reasonable if the services rendered are
appropriate for the diagnosis and treatment of illness or congenital
or hereditary condition made by the veterinarian and the value of the
services is comparable to the value of similar services rendered by
other licensed veterinarians in proximity to the treating
veterinarian.
   122080.  To obtain the remedies provided for in Section 122070,
the purchaser shall substantially comply with all of the following
requirements:
   (a) Notify the breeder as soon as possible but no later than five
days of the diagnosis by a veterinarian licensed in this state of a
medical or health problem, including a congenital or hereditary
condition and of the name and telephone number of the veterinarian
providing the diagnosis.
   (b) Return the dog to the breeder, in the case of illness or
congenital or hereditary condition, along with a written statement
from a veterinarian licensed in this state, stating the dog to be
unfit for purchase due to illness, a congenital or hereditary
condition, or the presence of symptoms of a contagious or infectious
disease, that existed on or before delivery of the dog to the
purchaser, and that adversely affects the health of the dog.  The
purchaser shall return the dog along with a copy of the veterinarian'
s statement as soon as possible but no later than five days of
receipt of the veterinarian's statement.
   (c) Provide the breeder, in the event of death, with a written
statement from a veterinarian licensed in this state stating that the
dog died from an illness that existed on or before the delivery of
the dog to the purchaser.  The presentation of the statement shall be
sufficient proof to claim reimbursement or replacement and the
return of the deceased dog to the breeder shall not be required.
   122085.  No refund, replacement, or reimbursement of veterinary
fees shall be made under Section 122070 if any of the following
conditions exist:
   (a) The illness, condition, or death resulted from maltreatment or
neglect or from an injury sustained or an illness or condition
contracted subsequent to the delivery of the dog to the purchaser.
   (b) The purchaser fails to carry out the recommended treatment
prescribed by the examining veterinarian who made the initial
diagnosis.  However, this subdivision shall not apply if the cost for
the treatment together with the veterinarian's fee for the diagnosis
would exceed the purchase price of the dog, plus sales tax.
   (c) A veterinarian's statement was provided to the purchaser
pursuant to subparagraph (B) of paragraph (6) of subdivision (a) of
Section 122050 that disclosed the disease, illness, or condition for
which the purchaser seeks to return the dog.  However, this
subdivision shall not apply if, within one year after the purchaser
took physical possession of the dog, a veterinarian licensed in this
state states in writing that the disease, illness, or condition
requires, or is likely in the future to require, hospitalization or
nonelective surgical procedures or that the disease, illness, or
condition resulted in the death of the dog.
   (d) The purchaser refuses to return to the breeder all documents
previously provided to the purchaser for the purpose of registering
the dog.  This subdivision shall not apply if the purchaser signs a
statement certifying that the documents have been inadvertently lost
or destroyed.
   122090.  (a) The veterinarian's statement pursuant to Section
122070 shall contain all of the following information:
   (1) The purchaser's name and address.
   (2) The date or dates the dog was examined.
   (3) The breed and age of the dog, if known.
   (4) That the veterinarian examined the dog.
   (5) That the dog has or had disease, illness, or a hereditary or
congenital condition, as described in Section 122050 that renders it
unfit for purchase or resulted in its death.
   (6) The precise findings of the examination or necropsy, including
laboratory results or copies of laboratory reports.
   (b) If a refund for reasonable veterinary expenses is being
requested, the veterinarian's statement shall be accompanied by an
itemized bill of fees appropriate for the diagnosis and treatment of
the illness or congenital or hereditary condition.
   (c) Refunds and payment of reimbursable expenses provided for in
Section 122070 shall be paid, unless contested, by the breeder to the
purchaser not later than 10 business days following receipt of the
veterinarian's statement required by Section 122070 or, where
applicable, not later than 10 business days after the date on that
the dog is returned to the breeder.
   122095.  (a) In the event that a breeder wishes to contest a
demand for any of the remedies specified in Section 122070, the
breeder may, except in the case of the death of the dog, require the
purchaser to produce the dog for examination by a licensed
veterinarian designated by the breeder.  The breeder shall pay the
cost of this examination.
   (b) If the purchaser and the breeder are unable to reach an
agreement within 10 business days following receipt by the breeder of
the veterinarian's statement pursuant to Section 122070, or
following receipt of the dog for examination by a veterinarian
designated by the breeder, whichever is later, the purchaser may
initiate an action in a court of competent jurisdiction to resolve
the dispute or the parties may submit to binding arbitration if
mutually agreed upon by the parties in writing.
   (c) The prevailing party in the dispute shall have the right to
collect reasonable attorney's fees if the other party acted in bad
faith in seeking or denying the requested remedy.
   122100.  Every breeder that sells a dog shall provide the
purchaser at the time of sale, and a prospective purchaser upon
request, with a written notice of rights, setting forth the rights
provided for under this section.  The notice shall be contained in a
separate document.  The written notice of rights shall be in 10-point
type.  A copy of the written notice of rights shall be signed by the
purchaser acknowledging that he or she has reviewed the notice.  The
notice shall state the following:

      "A STATEMENT OF CALIFORNIA LAW GOVERNING THE SALE OF DOGS

   The sale of dogs is subject to consumer protection regulation.  In
the event that a California licensed veterinarian states in writing
that your dog is unfit for purchase because it became ill due to an
illness or disease that existed within 15 days following delivery to
you, or within one year in the case of congenital or hereditary
condition, you may choose one of the following:
   (1) Return your dog and receive a refund of the purchase price,
plus sales tax, and receive reimbursement for reasonable veterinarian
fees up to the cost of the dog, plus sales tax.
   (2) Return your dog and receive a dog of your choice of equivalent
value, providing a replacement dog is available, and receive
reimbursement for reasonable veterinarian fees up to the cost of the
dog, plus sales tax.
   (3) Keep the dog and receive reimbursement for reasonable
veterinarian fees up to 150 percent of the original purchase price of
the dog plus sales tax on the original purchase price of the dog.
   In the event your dog dies, you may receive a refund for the
purchase price of the dog, plus sales tax, or a replacement dog of
your choice, of equivalent value, and reimbursement for reasonable
veterinary fees for the diagnosis and treatment of the dog, if a
veterinarian, licensed in this state, states in writing that the dog
has died due to an illness or disease that existed within 15 days
after the purchaser obtained physical possession of the dog after the
sale by a dog breeder, or states that the dog has died due to a
congenital or hereditary condition that was diagnosed by the
veterinarian within one year after the purchaser obtained physical
possession of the dog after the sale by a dog breeder.  These fees
may not exceed the purchase price of the dog, plus sales tax.
   In order to exercise these rights, you must notify the dog breeder
as quickly as possible but no later than five days after learning
from your veterinarian that a problem exists.  You must tell the dog
breeder about the problem and give the dog breeder the name and
telephone number of the veterinarian providing the diagnosis.
   If you are making a claim, you must also present to the dog
breeder a written veterinary statement, in a form prescribed by law,
that the animal is unfit for purchase and an itemized statement of
all veterinary fees related to the claim.  This information must be
presented to the dog breeder no later than five days after you have
received the written statement from the veterinarian.
   In the event that the dog breeder wishes to contest the statement
or the veterinarian's bill, the dog breeder may request that you
produce the dog for examination by a licensed veterinarian of the dog
breeder's choice.  The dog breeder shall pay the cost of this
examination.
   In the event of death, the deceased dog need not be returned to
the dog breeder if you submit a statement issued by a licensed
veterinarian stating the cause of death.
   If the parties cannot resolve the claim within 10 business days
following receipt of the veterinarian statement or the examination by
the dog breeder's veterinarian, whichever event occurs later, you
may file an action in a court of competent jurisdiction to resolve
the dispute.  If a party acts in bad faith, the other party may
collect reasonable attorney's fees.  If the dog breeder does not
contest the matter, the dog breeder must make the refund or
reimbursement no later than 10 business days after receiving the
veterinary certification.
   This statement is a summary of key provisions of the consumer
remedies available.  California law also provides safeguards to
protect dog breeders from abuse.  If you have questions, obtain a
copy of the complete relevant statutes.
   This notice shall be contained in a separate document.  The
written notice shall be in 10-point type.  The notice shall be signed
by the purchaser acknowledging that he or she has reviewed the
notice.  The dog breeder shall permit persons to review the written
notice upon request.
   NOTE: This disclosure of rights is a summary of California law.
The actual statutes are contained in Article 1 (commencing with
Section 122045) of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code."

   122105.  Nothing in this article shall in any way limit the rights
or remedies that are otherwise available to a consumer under any
other law.  Nor shall this article in any way limit the breeder and
the purchaser from agreeing between themselves upon additional terms
and conditions that are not inconsistent with this article.  However,
any agreement or contract by a purchaser to waive any rights under
this article shall be null and void and shall be unenforceable.
   122110.  (a) Except as otherwise specified herein, any person
violating any provision of this article other than Section 122060
shall be subject to civil penalty of up to one thousand dollars
($1,000) per violation.  An action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
   (b) Nothing in this article limits or authorizes any act or
omission that violates Section 597l of the Penal Code.

      Article 2.  Retail Sale of Dogs and Cats

   122125.  (a) This article shall be known and may be cited as the
Lockyer-Polanco-Farr Pet Protection Act.
   (b) Every pet dealer of dogs and cats shall conform to the
provisions of this article.  As used in this article, " pet dealer"
means a person engaging in the business of selling dogs or cats, or
both, at retail, and by virtue of the sales of dogs and cats is
required to possess a permit pursuant to Section 6066 of the Revenue
and Taxation Code.  For purposes of this article, the separate sales
of dogs or cats from a single litter shall constitute only one sale
under Section 6019 of the Revenue and Taxation Code.  This definition
does not apply to breeders of dogs regulated pursuant to Article 1
(commencing with Section 122045) nor to any person, firm,
partnership, corporation, or other association, that breeds or rears
dogs on the premises of the person, firm, partnership, corporation,
or other association, that has sold, transferred, or given away fewer
than 50 dogs in the preceding year.
   (c) For purposes of this article, "purchaser" means a person who
purchases a dog or cat from a pet dealer without the intent to resell
the animal.
   (d) This article shall not apply to publicly operated pounds and
humane societies.
   122130.  Every pet dealer receiving dogs or cats from a common
carrier shall transport, or have transported, dogs and cats from the
carrier's premises within four hours after receipt of telephone
notification by the carrier of the completion of shipment and arrival
of the animal at the carrier's point of destination.
   122135.  All dogs or cats received by a retail dealer shall, prior
to being placed with other dogs or cats, be examined for sickness.
Any dog or cat found to be afflicted with a contagious disease shall
be kept caged separately from healthy animals.
   122140.  Every pet dealer shall deliver to the purchaser of each
dog and cat at the time of sale a written statement in a standardized
form prescribed by the Department of Consumer Affairs containing the
following information:
   (a) For cats:
   (1) The breeder's and broker's name and address, if known, or if
not known, the source of the cat.  If the person from whom the cat
was obtained is a dealer licensed by the United States Department of
Agriculture, the person's name, address, and federal dealer
identification number.
   (2) The date of the cat's birth, unless unknown because of the
source of the cat and the date the dealer received the cat.
   (3) A record of the immunizations and worming treatments
administered, if any, to the cat as of the time of sale, including
the dates of administration and the type of vaccine or worming
treatment.
   (4) A record of any known disease or sickness that the cat is
afflicted with at the time of sale.  In addition, this information
shall also be orally disclosed to the purchaser.
   (b) For dogs:
   (1) The breeder's name and address, if known, or if not known, the
source of the dog.  If the person from whom the dog was obtained is
a dealer licensed by the United States Department of Agriculture, the
person's name, address, and federal dealer identification number.
   (2) The date of the dog's birth, and the date the dealer received
the dog.  If the dog is not advertised or sold as purebred,
registered, or registerable, the date of birth may be approximated if
not known by the seller.
   (3) The breed, sex, color, and identifying marks at the time of
sale, if any.  If the dog is from a United States Department of
Agriculture licensed source, the individual identifying tag, tattoo,
or collar number for that animal.  If the breed is unknown or mixed,
the record shall so indicate.
   (4) If the dog is being sold as being capable of registration, the
names and registration numbers of the sire and dam, and the litter
number, if known.
   (5) A record of inoculations and worming treatments administered,
if any, to the dog as of the time of sale, including dates of
administration and the type of vaccine or worming treatment.
   (6) A record of any veterinarian treatment or medication received
by the dog while in the possession of the pet dealer and either of
the following:
   (A) A statement, signed by the pet dealer at the time of sale,
containing all of the following:
   (i) The dog has no known disease or illness.
   (ii) The dog has no known congenital or hereditary condition that
adversely affects the health of the dog at the time of the sale or
that is likely to adversely affect the health of the dog in the
future.
   (B) A record of any known disease, illness, and any congenital or
hereditary condition that adversely affects the health of the dog at
the time of sale, or is likely to adversely affect the health of the
dog in the future, along with a statement signed by a veterinarian
licensed in the State of California that authorizes the sale of the
dog, recommends necessary treatment, if any, and verifies that the
disease, illness, or condition does not require hospitalization or
nonelective surgical procedures, nor is it likely to require
hospitalization or nonelective surgical procedures in the future.  A
veterinarian statement is, not required for intestinal or external
parasites unless their presence makes the dog clinically ill or is
likely to make the dog clinically ill.  The statement shall be valid
for seven days following examination of the dog by the veterinarian.

   (c) For the purpose of this article, "nonelective surgical
procedure" means a surgical procedure that is necessary to preserve
or restore the health of the dog, to prevent the dog from
experiencing pain or discomfort, or to correct a condition that would
interfere with the dog's ability to walk, run, jump, or otherwise
function in a normal manner.
   (d) For the purposes of this article, "clinically ill" means an
illness that is apparent to a veterinarian based on observation,
examination, or testing of the dog, or upon a review of the medical
records relating to the dog.
   (e) A disclosure made pursuant to subdivision (b) shall be signed
by both the pet dealer certifying the accuracy of the statement, and
the purchaser of the dog acknowledging receipt of the statement.  In
addition, all medical information required to be disclosed pursuant
to subdivision (b) shall be made orally to the purchaser.
   (f) For purposes of this article, a disease, illness, or
congenital or hereditary condition that adversely affects the health
of a dog at the time of sale or is likely to adversely affect the
health of the dog in the future shall be one that is apparent at the
time of sale or that should have been known by the pet dealer from
the history of veterinary treatment disclosed pursuant to this
section.
      122145.  A pet dealer shall maintain a written record on the
health, status, and disposition of each dog and each cat for a period
of not less than one year after disposition of the dog or cat.  The
record shall also contain all of the information required to be
disclosed pursuant to Sections 122140 and 122220.  Those records
shall be available to humane officers, animal control officers, and
law enforcement officers for inspection during normal business hours.

   122150.  (a) Except as otherwise specified herein, any person
violating any provision of this article other than Section 122205
shall be subject to a civil penalty of up to one thousand dollars
($1,000) per violation.  The action may be prosecuted in the name of
the people of the State of California by the district attorney for
the county where the violation occurred in the appropriate court or
by the city attorney in the city where the violation occurred.
   (b) Nothing in this article limits or authorizes any act or
omission that violates Section 597l of the Penal Code.
   122155.  (a) It shall be unlawful for a pet dealer to fail to do
any of the following:
   (1) Maintain facilities where the dogs are kept in a sanitary
condition.
   (2) Provide dogs with adequate nutrition and potable water.
   (3) Provide adequate space appropriate to the age, size, weight,
and breed of dog.  Adequate space means sufficient space for the dog
to stand up, sit down, and turn about freely using normal body
movements, without the head touching the top of the cage, and to lie
in a natural position.
   (4) Provide dogs housed on wire flooring with a rest board,
floormat, or similar device that can be maintained in a sanitary
condition.
   (5) Provide dogs with adequate socialization and exercise.  For
the purpose of this article "socialization" means physical contact
with other dogs or with human beings.
   (6) Wash hands before and after handling each infectious or
contagious dog.
   (7) Maintain either of the following:
   (A) A fire alarm system that is connected to a central reporting
station that alerts the local fire department in case of fire.
   (B) Maintain a fire suppression sprinkler system.
   (8) Provide veterinary care without delay when necessary.
   (b) A pet dealer shall not be in possession of a dog that is less
than eight weeks old.
   122160.  (a) If a licensed veterinarian states in writing that
within 15 days after the purchaser has taken physical possession of
the dog after the sale by a pet dealer, the dog has become ill due to
any illness that existed in the dog on or before delivery of the dog
to the purchaser, or, if within one year after the purchaser has
taken physical possession of the dog after the sale, a veterinarian
licensed in this state states in writing that the dog has a
congenital or hereditary condition that adversely affects the health
of the dog, or that requires, or is likely in the future to require,
hospitalization or nonelective surgical procedures, the dog shall be
considered unfit for sale, and the pet dealer shall provide the
purchaser with any of the following remedies that the purchaser
elects:
   (1) Return the dog to the pet dealer for a refund of the purchase
price, plus sales tax, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed
the original purchase price of the dog, plus sales tax.
   (2) Exchange the dog for a dog of the purchaser's choice of
equivalent value, providing a replacement dog is available, and
reimbursement for reasonable veterinary fees for diagnosis and
treating the dog in an amount not to exceed the original purchase
price of the dog, plus sales tax.
   (3) Retain the dog, and reimbursement for reasonable veterinary
fees for diagnosis and treating the dog in an amount not to exceed
150 percent of the original purchase price of the dog, plus sales tax
on the original purchase price of the dog.
   (b) If the dog has died, regardless of the date of the death of
the dog, obtain a refund for the purchase price of the dog, plus
sales tax, or a replacement dog of equivalent value of the purchaser'
s choice and reimbursement for reasonable veterinary fees in
diagnosis and treatment of the dog in an amount not to exceed the
original purchase price of the dog, plus sales tax, if either of the
following conditions exist:
   (1) A veterinarian, licensed in this state, states in writing that
the dog has died due to an illness or disease that existed within 15
days after the purchaser obtained physical possession of the dog
after the sale by a pet dealer.
   (2) A veterinarian, licensed in this state, states in writing that
the dog has died due to a congenital or hereditary condition that
was diagnosed by the veterinarian within one year after the purchaser
obtained physical possession of the dog after the sale by a pet
dealer.
   122165.  (a) There shall be a rebuttable presumption that an
illness existed at the time of sale if the animal dies within 15 days
of delivery to the purchaser.
   (b) For purposes of Section 122160, a finding by a veterinarian of
intestinal or external parasites shall not be grounds for declaring
a dog unfit for sale unless their presence makes the dog clinically
ill or is likely to make the dog clinically ill.
   (c) For purposes of Section 122160, the value of veterinary
services shall be deemed reasonable if the services rendered are
appropriate for the diagnosis and treatment of illness or congenital
or hereditary condition, made by the veterinarian and the value of
similar services is comparable to the value of similar services
rendered by other licensed veterinarians in proximity to the treating
veterinarian.
   122170.  To obtain the remedies provided for in Section 122160,
the purchaser shall substantially comply with all of the following
requirements:
   (a) Notify the pet dealer as soon as possible but not more than
five days after the diagnosis by a veterinarian licensed in this
state of a medical or health problem, including a congenital or
hereditary condition and of the name and telephone number of the
veterinarian providing the diagnosis.
   (b) Return the dog to the pet dealer, in the case of illness,
along with a written statement from a veterinarian licensed in this
state, stating the dog to be unfit for purchase due to illness, a
congenital or hereditary condition, or the presence of symptoms of a
contagious or infectious disease, that existed on or before delivery
of the dog to the purchaser, and that adversely affects the health of
the dog.  The purchaser shall return the dog along with a copy of
the veterinarian's statement as soon as possible but not more than
five days after receipt of the veterinarian's statement.
   (c) Provide the pet dealer, in the event of death, with a  written
statement from a veterinarian licensed in this state stating that
the dog died from an illness that existed on or before the delivery
of the dog to the purchaser.  The presentation of the statement shall
be sufficient proof to claim reimbursement or replacement and the
return of the deceased dog to the pet dealer shall not be required.

   122175.  Notwithstanding Section 122160, no refund, replacement,
or reimbursement of veterinary fees shall be made if any of the
following conditions exist:
   (a) The illness or death resulted from maltreatment or neglect or
from an injury sustained or an illness contracted subsequent to the
delivery of the dog to the purchaser.
   (b) The purchaser fails to carry out the recommended treatment
prescribed by the examining veterinarian who made the initial
diagnosis.  However, this subdivision shall not apply if the cost for
the treatment together with the veterinarian's fee for the diagnosis
would exceed the purchase price of the dog, including sales tax.
   (c) A veterinarian's statement was provided to the purchaser
pursuant to subparagraph (B) of paragraph (6) of subdivision (b) of
Section 122140 that disclosed the disease, illness, or condition for
which the purchaser seeks to return the dog.  However, this paragraph
shall not apply if, within one year after the purchaser took
physical possession of the dog, a veterinarian licensed in this state
states in writing that the disease, illness, or condition requires,
or is likely in the future to require, hospitalization or nonelective
surgical procedures or that the disease, illness, or condition
resulted in the death of the dog.
   (d) The purchaser refuses to return to the pet dealer all
documents previously provided to the purchaser for the purpose of
registering the dog.  This subdivision shall not apply if the
purchaser signs a written statement certifying that the documents
have been inadvertently lost or destroyed.
   122180.  (a) The veterinarian's statement pursuant to Section
122160 shall contain the following information:
   (1) The purchaser's name and address.
   (2) The date or dates the dog was examined.
   (3) The breed and age of the dog, if known.
   (4) That the veterinarian examined the dog.
   (5) That the dog has or had an illness described in this section
that renders it unfit for purchase or resulted in its death.
   (6) The precise findings of the examination or necropsy, including
laboratory results or copies of laboratory reports.
   (b) If a refund for reasonable veterinary expenses is being
requested, the veterinary statement shall be accompanied by an
itemized bill of fees appropriate for the diagnosis and treatment of
the illness or congenital or hereditary condition.
   (c) Refunds and payment of reimbursable expenses provided for by
Section 122160 shall be paid, unless contested, by the pet dealer to
the purchaser not later than 10 business days following receipt of
the veterinarian's statement required by Section 122160 or, where
applicable, not later than 10 business days after the date on which
the dog is returned to the pet dealer.
   122185.  (a) In the event that a pet dealer wishes to contest a
demand for any of the remedies specified in Section 122160, the
dealer may, except in the case of the death of the dog, require the
purchaser to produce the dog for examination by a licensed
veterinarian designated by the pet dealer.  The pet dealer shall pay
the cost of this examination.
   (b) If the purchaser and the pet dealer are unable to reach an
agreement within 10 business days following receipt by the pet dealer
of the veterinarian's statement pursuant to Section 122160, or
following receipt of the dog for examination by a veterinarian
designated by the pet dealer, whichever is later, the purchaser may
initiate an action in a court of competent jurisdiction to resolve
the dispute or the parties may submit to binding arbitration if
mutually agreed upon by the parties in writing.
   (c) The prevailing party in the dispute shall have the right to
collect reasonable attorney's fees if the other party acted in bad
faith in seeking or denying the requested remedy.
   122190.  Every pet dealer that sells a dog shall provide the
purchaser at the time of sale, and a prospective purchaser upon
request, with a written notice of rights, setting forth the rights
provided for under this section.  The notice shall be contained in a
separate document.  The written notice of rights shall be in 10-point
type.  A copy of the written notice of rights shall be signed by the
purchaser acknowledging that he or she has reviewed the notice.  The
notice shall state the following:

      "A STATEMENT OF CALIFORNIA LAW GOVERNING THE SALE OF DOGS

   The sale of dogs is subject to consumer protection regulations.
In the event that a California licensed veterinarian states in
writing that your dog is unfit for purchase because it became ill due
to an illness or disease that existed within 15 days following
delivery to you, or within one year in the case of congenital or
hereditary condition, you may choose one of the following:
   (1) Return your dog and receive a refund of the purchase price,
plus sales tax, and receive reimbursement for reasonable veterinarian
fees up to the cost of the dog plus sales tax.
   (2) Return your dog and receive a dog of your choice of equivalent
value, providing a replacement dog is available, and receive
reimbursement for reasonable veterinarian fees up to the cost of the
dog, plus sales tax.
   (3) Keep the dog and receive reimbursement for reasonable
veterinarian fees up to 150 percent of the original purchase price of
the dog plus sales tax on the original purchase price of the dog.
   In the event your dog dies, you may receive a refund for the
purchase price of the dog, plus sales tax, or a replacement dog of
your choice, of equivalent value, and reimbursement for reasonable
veterinary fees for the diagnosis and treatment of the dog, if a
veterinarian, licensed in this state, states in writing that the dog
has died due to an illness or disease that existed within 15 days
after the purchaser obtained physical possession of the dog after the
sale by a pet dealer, or states that the dog has died due to a
congenital or hereditary condition that was diagnosed by the
veterinarian within one year after the purchaser obtained physical
possession of the dog after the sale by a pet dealer.  These fees may
not exceed the purchase price of the dog, plus sales tax.
   In order to exercise these rights, you must notify the pet dealer
as quickly as possible but no later than five days after learning
from your veterinarian that a problem exists.  You must tell the pet
dealer about the problem and give the pet dealer the name and
telephone number of the veterinarian providing the diagnosis.
   If you are making a claim, you must also present to the pet dealer
a written veterinary statement, in a form prescribed by law, that
the animal is unfit for purchase and an itemized statement of all
veterinary fees related to the claim.  This information must be
presented to the pet dealer no later than five days after you have
received the written statement from the veterinarian.
   In the event that the pet dealer wishes to contest the statement
or the veterinarian's bill, the pet dealer may request that you
produce the dog for examination by a licensed veterinarian of the pet
dealer's choice.  The pet dealer shall pay the cost of this
examination.
   In the event of death, the deceased dog need not be returned to
the pet dealer if you submit a statement issued by a licensed
veterinarian stating the cause of death.
   If the parties cannot resolve the claim within 10 business days
following receipt of the veterinarian statement or the examination by
the pet dealer's veterinarian, whichever event occurs later, you may
file an action in a court of competent jurisdiction to resolve the
dispute.  If a party acts in bad faith, the other party may collect
reasonable attorney's fees.  If the pet dealer does not contest the
matter, the pet dealer must make the refund or reimbursement no later
than 10 business days after receiving the veterinary certification.

   If the pet dealer has represented your dog as registerable with a
pedigree organization, the pet dealer shall provide you with the
necessary papers to process the registration within 120 days
following the date you received the dog.  If the pet dealer fails to
deliver the papers within the prescribed timeframe, you are entitled
to return the dog for a full refund of the purchase price, including
sales tax, or a refund of 75 percent of the purchase price, including
sales tax if you choose to keep the dog.
   This statement is a summary of key provisions of the consumer
remedies available.  California law also provides safeguards to
protect pet dealers from abuse.  If you have any questions, obtain a
copy of the complete relevant statutes.
   This notice shall be contained in a separate document.  The
written notice shall be in 10-point type.  The notice shall be signed
by the purchaser acknowledging that he or she has reviewed the
notice.  The pet dealer shall permit persons to review the written
notice upon request.
   NOTE: This disclosure of rights is a summary of California law.
The actual statutes are contained in Article 2 (commencing with
Section 122125 of Chapter 5 of Part 6 of Division 105 of the Health
and Safety Code."

   122195.  Nothing in this article shall in any way limit the rights
or remedies that are otherwise available to a consumer under any
other law.  Nor shall this article in any way limit the pet dealer
and the purchaser from agreeing between themselves upon additional
terms and conditions that are not inconsistent with this article.
However, any agreement or contract by a purchaser to waive any rights
under this article shall be null and void and shall be
unenforceable.
   122200.  (a) A pet dealer shall not state, promise, or represent
to the purchaser, directly or indirectly, that a dog is registered or
capable of being registered with an animal pedigree registry
organization, unless the pet dealer provides the purchaser with the
documents necessary for that registration within 120 days following
the date of sale of the dog.
   (b) In the event that a pet dealer fails to provide the documents
necessary for registration within 120 days following the date of
sale, in violation of subdivision (a), the purchaser shall, upon
written notice to the pet dealer, be entitled to retain the animal
and receive a partial refund of 75 percent of the purchase price,
plus sales tax, or return the dog along with all documentation
previously provided the purchaser for a full refund, including sales
tax.
   122205.  Except as provided for in subparagraph (B) of paragraph
(6) of subdivision (b) of Section 122140, no pet dealer shall
knowingly sell a dog that is diseased, ill, or has a condition, any
one of which requires hospitalization or surgical procedures.  In
lieu of the civil penalties imposed pursuant to Section 122150, any
pet dealer who violates this section shall be subject to a civil
penalty of up to one thousand dollars ($1,000), or shall be
prohibited from selling dogs at retail for up to 30 days, or both.
If there is a second offense, the pet dealer shall be subject to a
civil penalty of up to two thousand five hundred dollars ($2,500), or
a prohibition from selling dogs at retail for up to 90 days, or
both.  For a third offense, the pet dealer shall be subject to a
civil penalty of up to five thousand dollars ($5,000) or a
prohibition from selling dogs at retail for up to six months, or
both.  For a fourth and subsequent offense, the pet dealer shall be
subject to a civil penalty of up to ten thousand dollars ($10,000) or
a prohibition from selling dogs at retail for up to one year, or
both.  For purposes of this section, a violation that occurred over
five years prior to the most recent violation shall not be
considered.
   An action for recovery of the civil penalty and for a court order
enjoining the pet dealer from engaging in the business of selling
dogs at retail for the period set forth in this section, may be
prosecuted by the district attorney for the county where the
violation occurred, or the city attorney for the city where the
violation occurred, in the appropriate court.
   122210.  (a) No dog may be offered for sale by a pet dealer to a
purchaser until the dog has been examined by a veterinarian licensed
in this state.  Each dog shall be examined within five days of
receipt of the dog and once every 15 days thereafter while the dog is
in the possession or custody of the pet dealer.  The pet dealer
shall provide any sick dog with proper veterinary care without delay.

   (b) Any dog diagnosed with a contagious or infectious disease,
illness, or condition shall be caged separately from healthy dogs
until a licensed veterinarian determines that the dog is free from
contagion or infection.  The area shall meet the following conditions
when contagious or infectious dogs are present:
   (1) The area shall not be used to house other healthy dogs or new
arrivals awaiting the required veterinary examination.
   (2) The area shall not be used for storing open food containers or
bowls, dishes, or other utensils that come in contact with healthy
dogs.
   (3) The area shall have an exhaust fan that creates air movement
from the isolation area to an area outside the premises of the pet
dealer.  The removal of exhaust air from the isolation area may be
accomplished by the use of existing heating and air-conditioning
ducts, provided no exhaust air is permitted to enter or mix with
fresh air for use by the general animal population.
   (4) Upon removal of all of the contagious or infectious dogs, the
area shall be cleaned and disinfected before any healthy animal can
be placed in the area.
   (c) If the pet dealer's veterinarian deems the dog to be unfit for
purchase due to a disease, illness, or congenital condition, any of
which is fatal or that causes, or is likely to cause, the dog to
unduly suffer, the veterinarian shall humanely euthanize the dog.
The veterinarian shall provide the pet dealer with a written
statement as to why the dog was euthanized.  Otherwise, the pet
dealer shall have a veterinarian treat the dog, or may surrender the
dog to a humane organization that consents to the receipt thereof.
   (d) In the event a dog is returned to a pet dealer due to illness,
disease, or a congenital or hereditary condition requiring
veterinary care, the pet dealer shall provide the dog with proper
veterinary care.
   122215.  Every retail dealer shall post conspicuously on the cage
of each dog offered for sale a notice indicating the state where the
dog was bred and brokered.
   122220.  (a) Every pet dealer shall post conspicuously within
close proximity to the cages of dogs offered for sale, a notice
containing the following language in 100-point type:

"Information on the source of these dogs, and veterinary treatments
received by these dogs is available for review."

"You are entitled to a copy of a statement of consumer rights."

   (b) Every pet dealer shall, upon request for information regarding
a dog, make immediately available to prospective purchasers all of
the information required to be disclosed to purchasers pursuant to
subdivision (b) of Section 122140 and pursuant to Section 122190.

      Article 3.  Dog Pedigree Registries

   122300.  For purposes of this article:
   (a) "Dog dealer" means any person, firm, partnership, corporation,
or other association that engages in the acquisition of dogs for
retail sale to the public.  "Dog dealer" does not include duly
incorporated nonprofit humane societies dedicated to the care of
unwanted animals that make animals available for adoption, whether or
not a fee for the adoption is charged, or pet dealers who do not in
the normal course of business sell dogs, but who sometimes exhibit
dogs for adoption.
   (b) "Dog breeder" means any person, firm, partnership,
corporation, or other association that breeds and sells dogs at
wholesale or retail.
   (c) "Dog pedigree registry" means any of various private agencies
that serve to keep track of the breed, lineage, physical
characteristics, and historical data regarding dogs that are
registered with the agency.
   122305.  Every dog dealer that sells registered dogs or that
claims that the dogs being sold are registered or are registerable
with a dog pedigree registry shall post conspicuously within close
proximity to the dogs offered for sale, a notice containing the
following language in at least 100-point type:
"Pedigree registration does not assure proper breeding conditions,
health, quality, or claims to lineage."
   122310.  (a) For every dog sold by a dog dealer or dog breeder
that is sold with any representation that the dog is registered or
registerable with a dog pedigree registry, the following fully
completed disclosure shall be made, orally and in writing on a
separate sheet from any other statements, including, but not limited
to, the name of the dog dealer or breeder and the name of the
relevant dog pedigree registry:
"Disclosure by
      DOG PEDIGREE REGISTRATION DISCLOSURE

Description of dog:  ____________
______________________
The dog you are purchasing is registered/registerable (circle one)
with the __________ (enter name of registry).

Registration means only that __________ (enter name of registry)
maintains information regarding the parentage and identity of this
dog, it does not guarantee the quality or health of this dog, and it
does not guarantee quality lineage.  Since dog pedigree registries
depend in large part on the honesty and accuracy of persons
registering dogs, registration does not guarantee the accuracy of the
lineage recorded nor that this dog is purebred.


Acknowledged:  ____________________________________  ____________"
                   Retail purchaser's signature          Date

   (b) The disclosure in subdivision (a) shall be signed and dated by
the retail purchaser of the dog acknowledging receipt of a copy of
the statement and the dog dealer or dog breeder shall retain a copy.

   122315.  (a) Any dog dealer or dog breeder who fails to comply
with the disclosure requirements in Section 122305 or 122310, as the
case may be, shall be liable to the retail purchaser for civil
damages in an amount equal to three times the cost of the dog.  Claim
for payment under this section shall be made within one year from
the date of purchase of the dog.
   (b) The remedies provided in this section shall be in addition to
any other remedies or penalties authorized by other provisions of
law.
  SEC. 8.  Division 106 (commencing with Section 123100) is added to
the Health and Safety Code, to read:

      DIVISION 106.  PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD,
AND ADOLESCENT)
      PART 1.  GENERAL ADMINISTRATION
      CHAPTER 1.  PATIENT ACCESS TO HEALTH RECORDS

   123100.  The Legislature finds and declares that every person
having ultimate responsibility for decisions respecting his or her
own health care also possesses a concomitant right of access to
complete information respecting his or her condition and care
provided.  Similarly, persons having responsibility for decisions
respecting the health care of others should, in general, have access
to information on the patient's condition and care.  It is,
therefore, the intent of the Legislature in enacting this chapter to
establish procedures for providing access to health care records or
summaries of those records by patients and by those persons having
responsibility for decisions respecting the health care of others.
   123105.  As used in this chapter:

             (a) "Health care provider" means any of the following:
   (1) A health facility licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
   (2) A clinic licensed pursuant to Chapter 1 (commencing with
Section 1200) of Division 2.
   (3) A home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2.
   (4) A physician and surgeon licensed pursuant to Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code or pursuant to the Osteopathic Act.
   (5) A podiatrist licensed pursuant to Article 22 (commencing with
Section 2460) of Chapter 5 of Division 2 of the Business and
Professions Code.
   (6) A dentist licensed pursuant to Chapter 4 (commencing with
Section 1600) of Division 2 of the Business and Professions Code.
   (7) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
   (8) An optometrist licensed pursuant to Chapter 7 (commencing with
Section 3000) of Division 2 of the Business and Professions Code.
   (9) A chiropractor licensed pursuant to the Chiropractic
Initiative Act.
   (10) A marriage, family, and child counselor licensed pursuant to
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
   (11) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
   (b) "Mental health records" means patient records, or discrete
portions thereof, specifically relating to evaluation or treatment of
a mental disorder.  "Mental health records" includes, but is not
limited to, all alcohol and drug abuse records.
   (c) "Patient" means a patient or former patient of a health care
provider.
   (d) "Patient records" means records in any form or medium
maintained by, or in the custody or control of, a health care
provider relating to the health history, diagnosis, or condition of a
patient, or relating to treatment provided or  proposed to be
provided to the patient.  "Patient records" includes only records
pertaining to the patient requesting the records or whose
representative requests the records.  "Patient records" does not
include information given in confidence to a health care provider by
a person other than another health care provider or the patient, and
that material may be removed from any records prior to inspection or
copying under Section 123110 or 123115.  "Patient records" does not
include information contained in aggregate form, such as indices,
registers, or logs.
   (e) "Patient's representative" or "representative" means a parent
or the guardian of a minor who is a patient, or the guardian or
conservator of the person of  an adult patient, or the beneficiary or
personal representative of a deceased patient.
   (f) "Alcohol and drug abuse records" means patient records, or
discrete portions thereof, specifically relating to evaluation and
treatment of alcoholism or drug abuse.
   123110.  (a) Notwithstanding Section 5328 of the Welfare and
Institutions Code, and except as provided in Sections 123115 and
123120, any adult patient of a health care provider, any minor
patient authorized by law to consent to medical treatment, and any
patient representative shall be entitled to inspect patient records
upon presenting to the health care provider a written request for
those records and upon payment of reasonable clerical costs incurred
in locating and making the records available.  However, a patient who
is a minor shall be entitled to inspect patient records pertaining
only to health care of a type for which the minor is lawfully
authorized to consent.  A health care provider shall permit this
inspection during business hours within five working days after
receipt of the written request.  The inspection shall be conducted by
the patient or patient's representative requesting the inspection,
who may be accompanied by one other person of his or her choosing.
   (b) Additionally, any patient or patient's representative shall be
entitled to copies of all or any portion of the patient records that
he or she has a right to inspect, upon presenting a written request
to the health care provider specifying the records to be copied,
together with a fee to defray the cost of copying, that shall not
exceed twenty-five cents ($0.25) per page or fifty cents ($0.50) per
page for records that are copied from microfilm and any additional
reasonable clerical costs incurred in making the records available.
The health care provider shall ensure that the copies are transmitted
within 15 days after receiving the written request.
   (c) Copies of X-rays or tracings derived from electrocardiography,
electroencephalography, or electromyography need not be provided to
the patient or patient's representative under this section, if the
original X-rays or tracings are transmitted to another health care
provider upon written request of the patient or patient's
representative and within 15 days after receipt of the request.  The
request shall specify the name and address of the health care
provider to whom the records are to be delivered.  All reasonable
costs, not exceeding actual costs, incurred by a health care provider
in providing copies pursuant to this subdivision may be charged to
the patient or representative requesting the copies.
   (d) This section shall not be construed to preclude a health care
provider from requiring reasonable verification of identity prior to
permitting inspection or copying of patient records, provided this
requirement is not used oppressively or discriminatorily to frustrate
or delay compliance with this section.  Nothing in this chapter
shall be deemed to supersede any rights that a patient or
representative might otherwise have or exercise under Section 1158 of
the Evidence Code or any other provision of law.  Nothing in this
chapter shall require a health care provider to retain records longer
than required by applicable statutes or administrative regulations.

   (e) This chapter shall not be construed to render a health care
provider liable for the quality of his or her records or the copies
provided in excess of existing law and regulations with respect to
the quality of medical records.  A health care provider shall not be
liable to the patient or any other person for any consequences that
result from disclosure of patient records as required by this
chapter.  A health care provider shall not discriminate against
classes or categories of providers in the transmittal of X-rays or
other patient records, or copies of these X-rays or records, to other
providers as authorized by this section.
   Every health care provider shall adopt policies and establish
procedures for the uniform transmittal of X-rays and other patient
records that effectively prevent the discrimination described in this
subdivision.  A health care provider may establish reasonable
conditions, including a reasonable deposit fee, to ensure the return
of original X-rays transmitted to another health care provider,
provided the conditions do not discriminate on the basis of, or in a
manner related to, the license of the provider to which the X-rays
are transmitted.
   (f) Any health care provider described in paragraphs (4) to (10),
inclusive, of subdivision (a) of Section 123105 who willfully
violates this chapter is guilty of unprofessional conduct.  Any
health care provider described in paragraphs (1) to (3), inclusive,
of subdivision (a) of Section 123105 that willfully violates this
chapter is guilty of an infraction punishable by a fine of not more
than one hundred dollars ($100).  The state agency, board, or
commission that issued the health care provider's professional or
institutional license shall consider a violation as grounds for
disciplinary action with respect to the licensure, including
suspension or revocation of the license or certificate.
   (g) This section shall be construed as prohibiting a health care
provider from withholding patient records or summaries of patient
records because of an unpaid bill for health care services.  Any
health care provider who willfully withholds patient records or
summaries of patient records because of an unpaid bill for health
care services shall be subject to the sanctions specified in
subdivision (f).
   123115.  (a) The representative of a minor shall not be entitled
to inspect or obtain copies of the minor's patient records in either
of the following circumstances:
   (1) With respect to which the minor has a right of inspection
under Section 123110.
   (2) Where the health care provider determines that access to the
patient records requested by the representative would have a
detrimental effect on the provider's professional relationship with
the minor patient or the minor's physical safety or psychological
well being.  The decision of the health care provider as to whether
or not a minor's records are available for inspection under this
section shall not attach any liability to the provider, unless the
decision is found to be in bad faith.
   (b) When a health care provider determines there is a substantial
risk of significant adverse or detrimental consequences to a patient
in seeing or receiving a copy of mental health records requested by
the patient, the provider may decline to permit inspection or provide
copies of the records to the patient, subject to the following
conditions:
   (1) The health care provider shall make a written record, to be
included with the mental health records requested, noting the date of
the request and explaining the health care provider's reason for
refusing to permit inspection or provide copies of the records,
including a description of the specific adverse or detrimental
consequences to the patient that the provider anticipates would occur
if inspection or copying were permitted.
   (2) The health care provider shall permit inspection by, or
provide copies of, the mental health records to a licensed physician
and surgeon or licensed psychologist designated by request of the
patient.
   (3) The health care provider shall inform the patient of the
provider's refusal to permit him or her to inspect or obtain copies
of the requested records, and inform the patient of the right to
require the provider to permit inspection by, or provide copies to, a
licensed physician and surgeon, licensed psychologist, or licensed
clinical social worker designated by written authorization of the
patient.
   (4) The health care provider shall indicate in the mental health
records of the patient whether the request was made under paragraph
(2).
   123120.  Any patient or representative aggrieved by a violation of
Section 123110 may, in addition to any other remedy provided by law,
bring an action against the health care provider to enforce the
obligations prescribed by Section 123110.  Any judgment rendered in
the action may, in the discretion of the court, include an award of
costs and reasonable attorney fees to the prevailing party.
   123125.  (a) This chapter shall not require a health care provider
to permit inspection or provide copies of alcohol and drug abuse
records where, or in a manner, prohibited by Section 408 of the
federal Drug Abuse Office and Treatment Act of 1972 (Public Law
92-255) or Section 333 of the federal Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970
(Public Law 91-616), or by regulations adopted pursuant to these
federal laws.  Alcohol and drug abuse records subject to these
federal laws shall also be subject to this chapter, to the extent
that these federal laws do not prohibit disclosure of the records.
All other alcohol and drug abuse records shall be fully subject to
this chapter.
   (b) This chapter shall not require a health care provider to
permit inspection or provide copies of records or portions of records
where or in a manner prohibited by existing law respecting the
confidentiality of information regarding communicable disease
carriers.
   123130.  (a) A health care provider may prepare a summary of the
record, according to the requirements of this section, for inspection
and copying by a patient.  If the health care provider chooses to
prepare a summary of the record rather than allowing access to the
entire record, he or she shall make the summary of the record
available to the patient within 10 working days from the date of the
patient's request.  However, if more time is needed because the
record is of extraordinary length or because the patient was
discharged from a licensed health facility within the last 10 days,
the health care provider shall notify the patient of this fact and
the date that the summary will be completed, but in no case shall
more than 30 days elapse between the request by the patient and the
delivery of the summary.  In preparing the summary of the record the
health care provider shall not be obligated to include information
that is not contained in the original record.
   (b) A health care provider may confer with the patient in an
attempt to clarify the patient's purpose and goal in obtaining his or
her record.  If as a consequence the patient requests information
about only certain injuries, illnesses, or episodes, this subdivision
shall not require the provider to prepare the summary required by
this subdivision for other than the injuries, illnesses, or episodes
so requested by the patient.  The summary shall contain for each
injury, illness, or episode any information included in the record
relative to the following:
   (1) Chief complaint or complaints including pertinent history.
   (2) Findings from consultations and referrals to other health care
providers.
   (3) Diagnosis, where determined.
   (4) Treatment plan and regimen including medications prescribed.
   (5) Progress of the treatment.
   (6) Prognosis including significant continuing problems or
conditions.
   (7) Pertinent reports of diagnostic procedures and tests and all
discharge summaries.
   (8) Objective findings from the most recent physical examination,
such as blood pressure, weight, and actual values from routine
laboratory tests.
   (c) This section shall not be construed to require any medical
records to be written or maintained in any manner not otherwise
required by law.
   (d) The summary shall contain a list of all current medications
prescribed, including dosage, and any sensitivities or allergies to
medications recorded by the provider.
   (e) Subdivision (c) of Section 123110 shall be applicable whether
or not the health care provider elects to prepare a summary of the
record.
   (f) The health care provider may charge no more than a reasonable
fee based on actual time and cost for the preparation of the summary.
  The cost shall be based on a computation of the actual time spent
preparing the summary for availability to the patient or the patient'
s representative.  It is the intent of the Legislature that summaries
of the records be made available at the lowest possible cost to the
patient.
   123135.  Except as otherwise provided by law, nothing in this
chapter shall be construed to grant greater access to individual
patient records by any person, firm, association, organization,
partnership, business trust, company, corporation, or municipal or
other public corporation, or government officer or agency.
Therefore, this chapter does not do any of the following:
   (a) Relieve employers of the requirements of the Confidentiality
of Medical Information Act (Part 2.6 (commencing with Section 56) of
Division 1 of the Civil Code).
   (b) Relieve any person subject to the Insurance Information and
Privacy Protection Act (Article 6.6 (commencing with Section 791) of
Chapter 1 of Part 2 of Division 1 of the Insurance Code) from the
requirements of that act.
   (c) Relieve government agencies of the requirements of the
Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code).
   123140.  The Information Practices Act of 1977 (Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code) shall prevail over this chapter with respect to records
maintained by a state agency.
   123145.  (a) Providers of health services that are licensed
pursuant to Sections 1205, 1253, 1575 and 1726 have an obligation, if
the licensee ceases operation, to preserve records for a minimum of
seven years following discharge of the patient, except that the
records of unemancipated minors shall be kept at least one year after
the minor has reached the age of 18 years, and in any case, not less
than seven years.
   (b) The department or any person injured as a result of the
licensee's abandonment of health records may bring an action in a
proper court for the amount of damage suffered as a result thereof.
In the event that the licensee is a corporation or partnership that
is dissolved, the person injured may take action against that
corporation's or partnership's principle officers of record at the
time of dissolution.
   (c) Abandoned means violating subdivision (a) and leaving patients
treated by the licensee without access to medical information to
which they are entitled pursuant to Section 123110.
   123148.  Notwithstanding any other provision of law, a health care
professional at whose request a test is performed shall, upon a
written or oral request of a patient who is the subject of a clinical
laboratory test, provide the patient with the results of the test in
plain language conveyed in the manner deemed most appropriate by the
health care professional who requested the test.  The test results
to be reported to the patient pursuant to this section shall be
recorded in the patient's medical record and shall be reported to the
patient within a reasonable time period after the test results are
received at the offices of the health care professional who requested
the test.
   123149.  (a) Providers of health services, licensed pursuant to
Sections 1205, 1253, 1575, and 1726, that utilize electronic
recordkeeping systems only, shall comply with the additional
requirements of this section.  These additional requirements do not
apply to patient records if hard copy versions of the patient records
are retained.
   (b) Any use of electronic recordkeeping to store patient records
shall ensure the safety and integrity of those records at least to
the extent of hard copy records.  All providers set forth in
subdivision (a) shall ensure the safety and integrity of all
electronic media used to store patient records by employing an
offsite backup storage system, an image mechanism that is able to
copy signature documents, and a mechanism to ensure that once a
record is input, it is unalterable.
   (c) Original hard copies of patient records may be destroyed once
the record has been electronically stored.
   (d) The printout of the computerized version shall be considered
the original as defined in Section 255 of the Evidence Code for
purposes of providing copies to patients, the Division of Licensing
and Certification, and for introduction into evidence in accordance
with Sections 1550 and 1551 of the Evidence Code, in administrative
or court proceedings.
   (e) Access to electronically stored patient records shall be made
available to the Division of Licensing and Certification staff
promptly, upon request.
   (f) This section does not exempt licensed clinics, health
facilities, adult day health care centers, and home health agencies
from the requirement of maintaining original copies of patient
records that cannot be electronically stored.
   (g) Any health care provider subject to this section, choosing to
utilize an electronic recordkeeping system, shall develop and
implement policies and procedures to include safeguards for
confidentiality and unauthorized access to electronically stored
patient health records, authentication by electronic signature keys,
and systems maintenance.
   (h) Nothing contained in this chapter shall affect the existing
regulatory requirements for the access, use, disclosure,
confidentiality, retention of record contents, and maintenance of
health information in patient records by health care providers.
   (i) This chapter does not prohibit any provider of health care
services from maintaining or retaining patient records
electronically.

      CHAPTER 2.  DESTRUCTION OF RECORDS AND EXHIBITS OF HUMAN HEALTH

   123150.  The board of supervisors may authorize the destruction or
the disposition to a public or private medical library of any X-ray
photographs and case records that are more than five years old and
that were taken by the county health officer in the performance of
his or her duties with regard to tuberculosis if any of the following
conditions are complied with:
   (a) The county health officer has determined that the X-ray
photographs or a series of X-ray photographs in conjunction with case
records do not show the existence of tuberculosis in the infectious
stage.
   (b) The individual of whom the X-ray photographs were taken has
been deceased not less than two years or the 102nd anniversary of the
individual's birthdate has occurred and the county health officer
cannot reasonably ascertain whether the individual is still living.
   (c) The place of residence of the individual of whom the X-ray
photographs were taken has been unknown to the county health officer
for 10 years.
   123155.  The board of supervisors of any county, in addition to
its other powers and duties may acquire or construct exhibits and
displays depicting all or parts of the human body and functions
thereof for the purpose of educating the public with regard to human
health, and maintain, operate and manage the exhibits and displays in
any county or other public building.  It may enter into contracts or
leases with any other governmental agency or any nonprofit
association or corporation, including a county medical association,
for the construction and acquisition of the exhibits and displays,
and for the maintenance, operation and management of the exhibits and
displays in any county or other public building, without
consideration except the agreement of the contracting or leasing
agency, association or corporation to construct, acquire, maintain,
operate and manage the exhibits and displays for the purpose of
public health education and upon any other terms and conditions as
may be agreed upon by the board and the contracting or leasing
agency, association or corporation.

      CHAPTER 3.  CATASTROPHIC HEALTH INSURANCE

   123175.  The Legislature finds and declares as follows:
   (a) A catastrophic illness or injury may financially devastate an
individual or the family of that individual because of extraordinary
medical expenses.  It is vitally necessary to the public health and
welfare of the State of California that:
   (1) Its residents not be burdened with those financial costs.
Most health insurance policies contain a monetary limitation on the
amount of money that can be expended on a particular illness or
individual, leaving any balance to be paid by the patient.  The state
has enacted this chapter to promote the availability of additional
insurance to help pay extensive medical costs.
   (2) The state government not be financially burdened by residents
who may become indigent due to these catastrophic health costs.
   (b) It is the intent of the Legislature in enacting this chapter
to institute a program to inform state residents of the need for
catastrophic health insurance, and to make this insurance available
to residents through an independent insurer at no cost or liability
to the state.
   123180.  As used in this chapter:
   (a) "Catastrophic health insurance" means a supplementary
insurance contract that indemnifies a California resident for medical
expenses, including at least the costs of the basic health care
services that result from an illness, injury, or disease, and that
are greater than fifty thousand dollars ($50,000), subject to a
lifetime benefit limit of one million dollars ($1,000,000).
   (b) "Resident" means any individual who lives in California for at
least 90 consecutive days.
   (c) "Insurer" as used in this chapter includes a disability
insurer that covers hospital, medical, or surgical expenses, and a
nonprofit hospital service plan.
   (d) "Basic health care services" includes, but is not limited to,
the following:
   (1) Inpatient hospital treatment, including room and board,
general nursing services, diagnostic tests, supplies, and other
medically necessary services.
   (2) Outpatient services for surgery, presurgical diagnostic tests,
emergency care, and chemotherapy.
   (3) Surgery and anesthesia.
   (4) Hospital and office visits and consultations.
   (5) X-rays and laboratory tests; allergy tests, injections, and
sera.
   (6) Maternity care for the subscriber or enrolled spouse.
   (7) Psychotherapy.
   (8) Chemotherapy and radiation therapy.
   (9) Physical, speech, occupational and respiratory therapies.
   (10) Prescription drugs.
   (11) Prostheses and durable medical equipment, such as artificial
limbs, hospital beds, and wheelchairs.
   (12) Cardiac rehabilitation program.
   (13) Local ambulance service.
   (14) Alcohol and drug abuse rehabilitation.
   (15) Rehabilitative care.
   (16) Outpatient skilled nursing care (up to two hours per day for
up to 50 days per calendar year).
   (17) Home health care and hospice services provided by an approved
home health agency or hospice agency.
   123185.  The director shall, in consultation with, and approval of
the Department of Insurance, do all of the following:
   (a) Contract with an insurer or insurers to provide any resident
catastrophic health insurance.
   (b) Inform residents of the availability of catastrophic health
insurance.
   (c) Provide oversight for all contract obligations of the insurer.

   (d) Approve all advertising and marketing materials used by an
insurer in connection with catastrophic health insurance provided
under this chapter in order to ensure accuracy and fairness.  The
advertising standards used shall be those set out in Section 1360.
   (e) Determine the cost of the oversight function and make
provisions to cover all administrative costs.
   123190.  The director may appoint a full-time employee, and other
staff as required, to implement this chapter.
   123195.  (a) A contract provided for by this chapter shall not be
required to cover a preexisting medical condition of the resident
during the first 10 months the resident is covered by catastrophic
health insurance provided under this chapter.  Charges for a
                                          preexisting condition shall
not apply toward the deductible during the first 10 months of
coverage.  Charges for other conditions during that initial period
shall apply toward the deductible.
   (b) The contract shall also prohibit the insurer from
discriminating against prospective insureds in their underwriting
practices on the basis of demographic factors, such as age, or
preexisting medical conditions.
   123200.  The state is not liable in any way for any claims arising
out of an arrangement for insurance established under this chapter.
The insurer shall bear the cost of all claims, and shall indemnify
the state against all claims and the cost of defending against all
claims in connection with an arrangement for catastrophic health
insurance established under this chapter.
   123205.  The director shall enter into contracts pursuant to
subdivision (a) of Section 123185 only with insurers that meet all of
the following criteria, as determined by the director:
   (a) The insurer shall be actuarially sound.
   (b) The insurer shall be fully self-supported by its policy
premiums or charges and investments.
   (c) The insurer shall use advertising that is accurate.
   123210.  (a) The term of any contract entered into pursuant to
subdivision (a) of Section 123185 shall be determined by the
director, but shall not exceed three years.
   (b) The contract shall contain a provision authorizing the
director to terminate the contract upon giving 60 days' written
notice to the insurer of any of the following causes for termination:

   (1) The department has determined that management practices of the
insurer or the current financial condition of the insurer interferes
with the efficient and timely payment of catastrophic health
insurance benefits.
   (2) Continuing failure of the insurer to timely pay the benefits
of its policies of catastrophic health insurance or provide
catastrophic health insurance services in accordance with the
contract.
   (3) Other continuing unsatisfactory performance by the insurer
under the contract, based upon complaints received from insureds or
other sources, if the insurer has failed to take reasonable,
effective, and prompt actions to resolve the complaints.
   (c) The contract shall contain a provision authorizing the
director to terminate the contract without cause upon any annual
anniversary date of the contract by giving at least 60 days' notice
to the insurer.
   (d) The director may give up to 120 days' notice to terminate if
it is determined to be in the best interest of plan participants.
   (e) The director shall annually certify that participating
providers meet the conditions of the program.  In carrying out this
requirement, the director shall consult with the Department of
Insurance to obtain any audits performed by those agencies that may
be used in evaluating the performance of each provider.
   123215.  Premiums or charges paid for catastrophic health
insurance provided pursuant to this chapter shall include an
increment to defray the reasonable administrative costs of the
department in administering this chapter that shall be transmitted by
insurers to the department as provided in the contract.
   123220.  If studies or research demonstrate that it is in the best
interest of the program, the director may adopt regulations setting
forth modifications to the coverage provided under the program.  No
modification shall apply to any coverage provided by a policy or
contract issued prior to the operative date of the regulation, except
that the modification shall apply to coverage provided after any
renewal of the policy or contract occurring after the operative date
of the regulation.

      PART 2.  MATERNAL, CHILD, AND ADOLESCENT HEALTH
      CHAPTER 1.  GENERAL PROVISIONS
      Article 1.  Maternal, Child, and Adolescent Health

   123225.  The department shall maintain a program of maternal and
child health.
   123227.  (a) The Maternal and Child Health Branch of the State
Department of Health Services shall administer a comprehensive
shelter-based services grant program to battered women's shelters
pursuant to this section.
   (b) The Maternal and Child Health Branch shall administer grants
to battered women's shelters that propose to expand existing services
or create new services, and to establish new battered women's
shelters to provide services, in any of the following four areas:
   (1) Emergency shelter to women and their children escaping violent
family situations.
   (2) Transitional housing programs to help women and their children
find housing and jobs so that they are not forced to choose between
returning to a violent relationship or becoming homeless.  The
programs may offer up to 18 months of housing, case management, job
training and placement, counseling, support groups, and classes in
parenting and family budgeting.
   (3) Legal and other types of advocacy and representation to help
women and their children pursue the appropriate legal options.
   (4) Other support services for battered women identified by the
advisory council, including, but not limited to, creative and
innovative service approaches such as community response teams.
   (c) In implementing the grant program pursuant to this section,
the State Department of Health Services shall consult with an
advisory council, to remain in existence until January 1, 1996.  The
council shall be composed of not to exceed 13 voting members and two
nonvoting members appointed as follows:
   (1) Seven members appointed by the Governor.
   (2) Three members appointed by the Speaker of the Assembly.
   (3) Three members appointed by the Senate Committee on Rules.
   (4) Two nonvoting ex officio members who shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules.  Any Member of the
Legislature appointed to the council shall meet with, and participate
in the activities of, the council to the extent that participation
is not incompatible with his or her position as a Member of the
Legislature.
   The membership of the council shall consist of domestic violence
advocates, battered women service providers, and representatives of
women's organizations, law enforcement, and other groups involved
with domestic violence.  At least one-half of the council membership
shall consist of domestic violence advocates or battered women
service providers from organizations such as the California Alliance
Against Domestic Violence.
   It is the intent of the Legislature that the council membership
reflect the ethnic, racial, cultural, and geographic diversity of the
state.
   (d) The department shall collaborate closely with the council in
the development of funding priorities, the framing of the Request for
Proposals, and the solicitation of proposals.
   (e) Administrative costs of the State Department of Health
Services incurred pursuant to the grant program shall not exceed 5
percent of the funds allocated for the program.
   (f) The shelters funded pursuant to this section shall reflect the
ethnic, racial, economic, cultural, and geographic diversity of the
state.  It is the intent of the Legislature that services funded by
this program include services in underserved and minority
communities.
   (g) As a condition of receiving funding pursuant to this section,
battered women's shelters shall provide matching funds or in-kind
contributions equivalent to 10 percent of the grant they would
receive.  The matching funds or in-kind contributions may come from
other governmental or private sources.
   (h) The State Department of Health Services shall issue a Request
for Proposals and shall encumber the funds or complete negotiations
for agreements no later than May 1, 1995.
   123230.  The department may investigate, and disseminate
educational information relating to, conditions affecting the health
of the children of this state.
   123235.  The program may include the provision of educational,
preventative, diagnostic and treatment services, including medical
care, hospitalization and other institutional care and aftercare,
appliances and facilitating services directed toward reducing infant
mortality and improving the health of mothers and children.  The
department may make grants or contracts or advance funds from any
funds that are made available for the purposes of the Maternal and
Child Health Program Act (Section 27).
   123240.  (a) The Maternal and Child Health Branch of the
department shall conduct a pilot project to assess the effectiveness
of daily ambulatory uterine monitoring devices and services in
reducing preterm births in Medi-Cal eligible women.
   (b) The department shall implement the pilot program to assess the
incidence of preterm births in 1,000 women at high risk of preterm
birth, 500 of whom shall be provided daily ambulatory uterine
monitoring services between the 23rd and 36th weeks of gestation and
500 of whom shall be provided routine prenatal care augmented by
training in palpatation.  Women participating in the pilot program
shall be Medi-Cal eligible women.  To the maximum extent possible
these services shall be prescribed by providers participating in
other programs administered by the Maternal and Child Health Branch
of the department or the comprehensive perinatal program.
   (c) Women shall be deemed to be at high risk if they have multiple
gestation or any two of the following risk factors for preterm
labor; uterine malformation, a history of preterm labor or births,
cervical incompetence, cervical dilation or effacement, and those
patients who have been treated during the current pregnancy for
preterm labor.
   (d) The department shall select five counties to participate in
the project, at least one of which shall be a rural county, and shall
reimburse providers of ambulatory uterine monitoring services a fee
based on reasonable costs.
   (e) (1) The department shall also contract for an evaluation of
the pilot project to ascertain whether use of the ambulatory uterine
monitoring services significantly reduces the incidence of preterm
births.  The evaluation shall compare the experimental and control
groups and identify the following for each group:
   (A) The number of preterm births.
   (B) The number of hospital days used by the mother prior to
delivery.
   (C) The number of hospital days used by the mother and child after
delivery, including neonatal intensive care.
   (D) The number of children born with developmental disabilities or
conditions that may lead to developmental disabilities.
   (E) The costs of providing prenatal services.
   (2) The evaluation shall also project the costs associated with
the health care provided to the mother and child during the course of
the pilot project and, if feasible, shall project the longer term
health care costs of children born prematurely, including costs of
services provided to the developmentally disabled.
   (3) The department may enter into the contract on a sole source
basis.
   (f) (1) The pilot project established pursuant to this section
shall be considered successful if it shows that the experimental
group, when compared to the control group, had all of the following:

   (A) A 20-percent reduction in the number of premature births.
   (B) A 20-percent reduction in the number of antepartum
hospitalization days.
   (C) A 20-percent reduction in the number of neonatal intensive
care unit days for premature births.
   (D) A 20-percent reduction in total patient costs.
   (2) The department shall submit the evaluation to the Legislature
by September 1, 1990.
   (g) (1) The department shall immediately seek any federal waivers
necessary to ensure full federal financial participation in the pilot
program established pursuant to this section.
   (2) The department shall not implement the pilot program under
this section until necessary federal waivers are received.
   123245.  The Maternal and Child Health Program Act (Section 27)
does not give the power to force compulsory medical or physical
examination of children.
   123250.  Upon request the department shall advise all public
officers, organizations, and agencies interested in the health and
welfare of mothers and children in the state.

      Article 2.  Women, Infants, and Children's Nutrition

   123275.  The Legislature finds that medical, educational and
psychological evidence increasingly points to adequate nutrition as a
determinant not only of good physical health but also of full
intellectual development and educational achievement, with adequate
nutrition in the earliest months and years being particularly
important for full development of the child's mind and body, that
problems of child nutrition cut across income lines and can result
not only from low income but also from parental ignorance or neglect
and that there is a need for a statewide child nutrition program that
has the potential of reaching all pregnant women and mothers of
infants.
   123280.  The department may conduct a statewide program for
providing nutritional food supplements to low-income pregnant women,
low-income postpartum and lactating women, and low-income infants and
children under five years of age, who have been determined to be at
nutritional risk by a health professional, based on criteria
established by the department.  Any program established pursuant to
this section shall do all of the following:
   (a) Comply with all the requirements of this article.
   (b) Be conducted only if a special project is authorized by
inclusion in the Budget Act or notification is provided to the
Legislature pursuant to Section 28 of the Budget Act, and federal
funds are appropriated therefor.
   (c) Be known as the California Special Supplemental Food Program
for Women, Infants, and Children.
   123285.  As used in this article, the following definitions shall
apply:
   (a) "Health professional" means a physician and surgeon,
registered nurse, nutritionist, dietitian, or state or local
medically trained health official, who is competent to professionally
evaluate nutritional need and to authorize supplemental foods, as
determined by the state department.
   (b) "Low income" means an income of not more than 185 percent of
the poverty level as determined by the federal poverty income
guidelines promulgated by the United States Department of Health and
Human Services.
   (c) "Recipient" means low-income pregnant women, low-income
postpartum and lactating women, and low-income infants and children
under five years of age, who are determined to be at nutritional risk
by a health professional, based on criteria established by the state
department.
   (d) "Nutrition coupon" means a check that is limited as to value,
food type, and food quantity and that has a limited period of
validity.
   123290.  The department, under any program established pursuant to
this article, shall do all of the following:
   (a) Establish guidelines to determine resource allocation giving
consideration to an area's nutritional need.
   (b) Designate the counties within which a program will be
conducted, with the approval of those counties.
   (c) Establish the minimum nutritional requirements for recipients.

   (d) Designate specific supplemental foods to meet the minimum
nutritional requirements for recipients.
   (e) Develop and maintain a system for the delivery of supplemental
foods to recipients through the distribution of supplemental foods
designated in subdivision (d) and nutrition coupons when other
methods of delivery are impractical.
   (f) (1) Develop and coordinate a smoking cessation component of
program operations, with consideration of local agency plans, needs,
and available tobacco education resources.
   (2) In consultation with the directors of local agencies and with
other individuals with expertise in the field of smoking cessation,
identify and promulgate a strategy for smoking cessation in the state
plan of operation and administration of the WIC program, including,
but not limited to all of the following:
   (A) Designating an agency staff member to coordinate smoking
cessation efforts.
   (B) Providing training on smoking cessation and tobacco education
to designated staff members of local agencies who are responsible for
counseling participants in the program.
   (3) Develop and implement procedures to ensure that tobacco use
screening and  education, including, but not limited to, smoking
cessation counseling and referrals where appropriate, are offered to
all participants.
   (g) (1) Establish guidelines and criteria to be used by
participating local agencies, when determining recipient eligibility,
that require, in addition to a recipient being a low-income pregnant
woman, or a low-income postpartum and lactating woman, or a
low-income infant or child under five years of age, that the
recipient be at nutritional risk.
   (2) A health professional on the staff of the local agency shall
determine if a person is at nutritional risk through a medical or
nutritional assessment.  This determination may be based on referral
data submitted by a health professional not on the staff of the local
agency.  The person's height or length and weight shall be measured,
and a hematological test for anemia, such as a hemoglobin or
hematocrit test, shall be performed.  However, the tests shall not be
required for infants under six months of age.  In addition, the
blood test shall not be required for children who were determined to
be within the normal range at their last program certification.
However, the blood test shall be performed on the children at least
once a year.  A breastfeeding woman may be certified if the child she
is breastfeeding is determined to be at nutritional risk and the
woman meets the income eligibility criteria.
   (h) Operate the program as an adjunct to existing health services.

   (i) Seek federal funds to carry out this article.
   123295.  Nutrition coupons in an amount sufficient to meet the
nutritional needs of a recipient for one month shall be granted to a
recipient by facilities and persons referred to in subdivision (f) of
Section 123290 upon the written finding of nutritional need by the
recipient's physician or other health professional.
   123300.  The department may, under any program established
pursuant to this article, investigate the feasibility of contracting
with one or more banks in the area served by the program for the
redemption of nutrition coupons.
   123305.  The department, under any program established pursuant to
this article, may collect data to determine the need for and the
continuation of a supplemental nutritional program for recipients
under this article.
   123310.  The department, under any program established pursuant to
this article, shall authorize retail food vendors, by written
agreement, to accept nutrition  coupons.  The department shall
authorize an appropriate number and distribution of food vendors in
order to assure adequate participant convenience and access and to
assure that state or local officials can effectively manage review of
authorized food vendors in their jurisdictions.  The department
shall establish criteria to limit the number of retail food vendors
with which the department enters into agreements.  The criteria, at a
minimum, shall include:
   (a) The prices the vendor charges for foods in relation to other
stores in the area.
   (b) The ability of the department to ensure that authorized
supplemental foods will be provided through in-store compliance
purchases.
   (c) The adequacy of the shelf stock of the authorized supplemental
foods.
   (d) Past performance of the vendor in compliance with this article
and with the Food Stamp Program.
   123315.  The department, under any program established pursuant to
this article, shall ensure that, at a minimum, the authorized vendor
shall do all of the following:
   (a) Redeem nutrition coupons only from persons bearing appropriate
identification provided by the department.
   (b) Redeem nutrition coupons for only those foods specified
thereon.
   (c) Redeem nutrition coupons at an amount that is the same as, or
lesser than, that charged other customers for identical foods.
   (d) Redeem and deposit nutrition coupons during specified valid
periods.
   (e) Deposit the nutrition coupons directly in the vendor's bank
account and not transfer them for cash payment, credit, or any other
benefit to any party other than the vendor's bank or the state.
   (f) Maintain for a period of at least three years records, that
shall include, but not be limited to, all of the following:
   (1) Inventory records showing all purchases, both wholesale and
retail, in the form of invoices that identify the quantity and prices
of specified authorized supplemental foods.
   (2) Sales and use tax returns.
   (3) Books of account.
   (4) Other pertinent records that the department determines are
necessary to substantiate the volume and prices charged to the state
department through the nutrition coupons redeemed by the vendor.
   123320.  The department shall inform the retail food vendors of,
and include in the written agreement with, the vendors, guidelines
consistent with Section 123315 and shall print on each coupon the
following:
   (a) Specific supplemental foods and the quantities thereof for
which the coupon may be redeemed.
   (b) The valid period of the nutrition coupon.
   (c) The maximum value for which the nutrition coupon may be
redeemed.
   123325.  A retail food vendor or any other person who knowingly
redeems coupons in excess of the price charged other customers for
identical foods, or who provides anything of value other than the
specified foods, or who fails to provide inventory records to
substantiate purchases for resale of authorized supplemental foods is
subject to all sanctions set forth in federal regulation for the
Special Supplemental Food Program for Women, Infants, and Children,
that is provided for in Section 246 and following of Title 7 of the
Code of Federal Regulations.  The department may disqualify a food
vendor who is currently disqualified from the Food Stamp Program.
   123330.  Any person or persons who have embezzled, willfully
misapplied, stolen, or fraudulently obtained funds or benefits
pursuant to this article shall be subject to the penalties set forth
in federal regulations for the Special Supplemental Food Program for
Women, Infants, and Children, that is provided for in Section 246 and
following of Title 7 of the Code of Federal Regulations.
   123335.  Any officer, employee, or agent of the department may
enter the place of business of any vendor transacting nutrition
coupons to verify food prices, to witness or investigate procedures,
to conduct financial audits, or to otherwise determine compliance of
the vendor with this article and the vendor agreement.
   123340.  (a) Except as provided in subdivision (c), if any amount
is due and payable and unpaid as a result of an overpayment to a
vendor or local agency established under this article that is
identified through an audit or examination conducted by or on behalf
of the director and the department has issued an audit or examination
finding, or an administrative decision resulting from an
administrative appeal of the audit or examination finding that has
become final, the director may file in the office of the County Clerk
of Sacramento County and with the county clerk of the county in
which the vendor has his or her principal place of business, a
certificate containing the following:
   (1) The amount due and owing and unpaid plus the applicable
interest at a rate equal to the monthly average of the rate received
on investments in the Pooled Money Investment Fund commencing on the
date that an audit or examination finding, made pursuant to Section
316.5 is mailed to the vendor or local agency.
   (2) A statement that the director has complied with this article
prior to the filing of the certificate.
   (3) A request that judgment be entered against the vendor or local
agency in the amount set forth in the certificate.
   The county clerk immediately upon the filing of the certificate,
shall enter a judgment for the State of California against the vendor
or local agency in the amount set forth in the certificate.
   Notwithstanding any provision of law to the contrary, the Special
Supplemental Food Program for Women, Infants, and Children shall pay
the normal fee charged by the county for the certificate of judgment.

   Nothing in this subdivision shall prevent the director from using
any other means available in law to recover amounts due and owing and
unpaid from the vendor or local agency.
   (b) The dates when the department may file the certificate and
seek judgment from the county clerk, as provided in subdivision (a),
depends on whether the audit finding is appealed by the vendor or
local agency.
   (1) If the audit finding or lower level administrative decision is
not appealed, the department may file the certificate the day after
the end of the appeal period or anytime thereafter, but not later
than three years after the payment became due and owing.
   (2) If the audit finding or lower level administrative decision is
appealed to the director, the department may file the certificate no
earlier than 90 days after the issuance of the final decision by the
director, but no later than three years after the issuance of the
final decision.
   (c) If the vendor seeks judicial review of the final decision of
the director pursuant to Section 1094.5 of the Code of Civil
Procedure, and notice of the action is properly served on the
director within 90 days of the issuance of the final decision, the
department shall not file any certificate as provided in subdivision
(a).
   If the vendor does not seek judicial review of the final decision
of the director or does not properly serve notice within 90 days from
the date of the final decision of the director, the department may
file the certificate and obtain judgment pursuant to subdivision (a).

   123345.  An abstract of judgment obtained pursuant to subdivisions
(a) and (b) of Section 123335 or a copy thereof may be recorded with
the county recorder of any county.  From the time of recording, the
judgment shall constitute a lien upon all real or personal property
owned by the vendor at the time, or  that the vendor may afterwards,
but before the lien expires, acquire.  The lien shall have the force,
effect, and priority of a judgment lien and shall continue for 10
years from the time of recording of the abstract of judgment obtained
pursuant to subdivisions (a) and (b) of Section 123335 unless
                                   sooner released or otherwise
discharged.
   The lien may, within 10 years from the date of recording of the
abstract of judgment or within 10 years from the date of the last
extension of the lien in the manner herein provided, be extended by
recording a new abstract in the office of the county recorder of any
county.  From the date of the recording the lien shall be extended
for 10 years unless sooner released or otherwise discharged.
   123350.  The department shall arrange for the conduct of periodic
audits of participating local agencies.
   123355.  The department shall provide a hearing procedure whereby
any food vendor or local agency may appeal any adverse action taken
by the department affecting the vendor's or local agency's
participation in the California Supplemental Food Program for Women,
Infants, and Children.  The hearing procedure shall be in accordance
with the requirements of the federal regulations for the Special
Supplemental Food Program for Women, Infants, and Children, that is
contained in Section 246 et seq. of Title 7 of the Code of Federal
Regulations.

      CHAPTER 2.  MATERNAL HEALTH
      Article 1.  Determination of Pregnancy

   123375.  (a) Except as otherwise provided in subdivision (b), no
person shall sell, offer for sale, give away, distribute, or
otherwise furnish materials intended to determine the presence of
pregnancy, unless that person has obtained a certificate of
acceptability from the department declaring that the materials have
been approved as to efficacy and safety by the department.
   (b) Subdivision (a) shall not apply to materials intended to
determine the presence of pregnancy, that are sold, offered for sale,
given away, distributed, or otherwise furnished to a physician and
surgeon licensed to practice in this state, a pharmacist licensed to
practice in this state, a licensed primary care clinic, a licensed
health facility, or a public health agency.
   (c) Any person other than a person described in subdivision (b)
who intends to sell, offer for sale, give away, distribute or
otherwise furnish materials intended to determine the presence of
pregnancy shall first make application to the state department for
certification of the materials.  The department shall also require
that an application for certification shall be accompanied by samples
of any materials that are the subject of the application as the
department may reasonably require.
   Any violation of this section is a misdemeanor.
   123380.  Local public health agencies shall make pregnancy testing
services available free or at cost to the person using the services.
  The results of any pregnancy test shall be confidential.
   123385.  It is the intent of the Legislature that the program
authorized pursuant to this article be entirely self-supporting, and
for this purpose the state department is authorized to establish a
schedule of fees for applications for certificates of acceptability
that shall provide revenues that shall not exceed the amount
necessary, but shall be sufficient to cover all costs incurred in the
administration of this article.

      Article 2.  Abortion

   123400.  This chapter shall be known and may be cited as the
Therapeutic Abortion Act.
   123405.  A holder of the physician's and surgeon's certificate, as
defined in the Business and Professions Code, is authorized to
perform an abortion or aid or assist or attempt an abortion, only if
each of the following requirements is met:
   (a) The abortion takes place in a hospital that is accredited by
the Joint Commission on Accreditation of Hospitals.
   (b) The abortion is approved in advance by a committee of the
medical staff of the hospital, which committee is established and
maintained in accordance with standards promulgated by the Joint
Commission on Accreditation of Hospitals.  In any case in which the
committee of the medical staff consists of no more than three
licensed physicians and surgeons, the unanimous consent of all
committee members shall be required in order to approve the abortion.

   (c) The Committee of the Medical Staff finds that one or more of
the following conditions exist:
   (1) There is substantial risk that continuance of the pregnancy
would gravely impair the physical or mental health of the mother.
   (2) The pregnancy resulted from rape or incest.
   123407.  The Committee of the Medical Staff shall not approve the
performance of an abortion on the ground that the pregnancy resulted
from rape or incest except in accordance with the following
procedure:
   (a) Upon receipt of an application for an abortion on the grounds
that the pregnancy resulted from rape or incest, the committee shall
immediately notify the district attorney of the county in which the
alleged rape or incest occurred of the application, and transmit to
the district attorney the affidavit of the applicant attesting to the
facts establishing the alleged rape or incest.  If the district
attorney informs the committee that there is probable cause to
believe that the pregnancy resulted from a violation of Section 261
or Section 285 of the Penal Code, the committee may approve the
abortion.  If, within five days after the committee has notified the
district attorney of the application, the committee does not receive
a reply from the district attorney, it may approve the abortion.  If
the district attorney informs the committee that there is no probable
cause to believe the alleged violation did occur, the committee
shall not approve the abortion, except as provided in subdivision (b)
of this section.
   (b) If the district attorney informs the committee that there is
no probable cause to believe the alleged violation did occur, the
person who applied for the abortion may petition the superior court
of the county in that the alleged rape or incest occurred, to
determine whether the pregnancy resulted from a violation of Section
261 or Section 285 of the Penal Code.  Hearing on the petition shall
be set for a date no later than one week after the date of filing of
the petition.
   The district attorney shall file an affidavit with the court
stating the reasons for his or her conclusion that the alleged
violation did not occur, and this affidavit shall be received in
evidence.  The district attorney may appear at the hearing to offer
further evidence or to examine witnesses.
   If the court finds that it has been proved, by a preponderance of
the evidence, that the pregnancy did result from a violation of
Section 261 or Section 285 of the Penal Code, it shall issue an order
so declaring, and the committee may approve the abortion.  Any
hearing granted under this section may, at the court's discretion, be
held in camera.  The testimony, findings, conclusions or
determinations of the court in a proceeding under this section shall
be inadmissible as evidence in any other action or proceeding,
although nothing herein shall be construed to prevent the appearance
of any witness who testified at a proceeding under this section, or
to prevent the introduction of any evidence that may have been
introduced at a proceeding under this section, in any other action or
proceeding.
   (c) Notwithstanding any other provision of this section, an
abortion shall be approved on the ground of a violation of
subdivision (1) of Section 261 of the Penal Code only when the woman
at the time of the alleged violation, was below the age of 15 years.

   (d) Notwithstanding any other provision of this section, the
testimony of any witness in a proceeding under this section shall be
admissible as evidence in any prosecution of that witness for
perjury.
   123410.  The committee of the medical staff referred to in Section
123405 must, in all instances, consist of not less than two licensed
physicians and surgeons, and if the proposed termination of
pregnancy will occur after the 13th week of pregnancy, the committee
must consist of at least three such licensed physicians and surgeons.
  In no event shall the termination be approved after the 20th week
of pregnancy.
   123415.  The term "mental health" as used in Section 123405 means
mental illness to the extent that the woman is dangerous to herself
or to the person or property of others or is in need of supervision
or restraint.
   123420.  (a) No employer or other person shall require a
physician, a registered nurse, a licensed vocational nurse, or any
other person employed or with staff privileges at a hospital,
facility, or clinic to directly participate in the induction or
performance of an abortion, if the employee or other person has filed
a written statement with the employer or the hospital, facility, or
clinic indicating a moral, ethical, or religious basis for refusal to
participate in the abortion.
   No such employee or person with staff privileges in a hospital,
facility, or clinic shall be subject to any penalty or discipline by
reason of his or her refusal to participate in an abortion.  No such
employee of a hospital, facility, or clinic that does not permit the
performance of abortions, or person with staff privileges therein,
shall be subject to any penalty or discipline on account of the
person's participation in the performance of an abortion in other
than the hospital, facility, or clinic.
   No employer shall refuse to employ any person because of the
person's refusal for moral, ethical, or religious reasons to
participate in an abortion, unless the person would be assigned in
the normal course of business of any hospital, facility, or clinic to
work in those parts of the hospital, facility, or clinic where
abortion patients are cared for.  No provision of this article
prohibits any hospital, facility, or clinic that permits the
performance of abortions from inquiring whether an employee or
prospective employee would advance a moral, ethical, or religious
basis for refusal to participate in an abortion before hiring or
assigning that person to that part of a hospital, facility, or clinic
where abortion patients are cared for.
   The refusal of a physician, nurse, or any other person to
participate or aid in the induction or performance of an abortion
pursuant to this subdivision shall not form the basis of any claim
for damages.
   (b) No medical school or other facility for the education or
training of physicians, nurses, or other medical personnel shall
refuse admission to a person or penalize the person in any way
because of the person's unwillingness to participate in the
performance of an abortion for moral, ethical, or religious reasons.
No hospital, facility, or clinic shall refuse staff privileges to a
physician because of the physician's refusal to participate in the
performance of abortion for moral, ethical, or religious reasons.
   (c) Nothing in this article shall require a nonprofit hospital or
other facility or clinic that is organized or operated by a religious
corporation or other religious organization and licensed pursuant to
Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing
with Section 1250) of Division 2, or any administrative officer,
employee, agent, or member of the governing board thereof, to perform
or to permit the performance of an abortion in the facility or
clinic or to provide abortion services.  No such nonprofit facility
or clinic organized or operated by a religious corporation or other
religious organization, nor its administrative officers, employees,
agents, or members of its governing board shall be liable,
individually or collectively, for failure or refusal to participate
in any such act.  The failure or refusal of any such corporation,
unincorporated association or individual person to perform or to
permit the performance of such medical procedures shall not be the
basis for any disciplinary or other recriminatory action against such
corporations, unincorporated associations, or individuals.  Any such
facility or clinic that does not permit the performance of abortions
on its premises shall post notice of that proscription in an area of
the facility or clinic that is open to patients and prospective
admittees.
   (d) This section shall not apply to medical emergency situations
and spontaneous abortions.
   Any violation of this section is a misdemeanor.
   123425.  The refusal of any person to submit to an abortion or
surgical sterilization or to give consent therefor shall not be
grounds for loss of any privileges or immunities to which the person
would otherwise be entitled, nor shall submission to an abortion or
surgical sterilization or the granting of consent therefor be a
condition precedent to the receipt of any public benefits.  The
decision of any person to submit to an abortion or surgical
sterilization or to give consent therefor shall not be grounds for
loss of any privileges or immunities to which the person would
otherwise be entitled, nor shall the refusal to submit to an abortion
or surgical sterilization or to give consent therefor be a condition
precedent to the receipt of any public benefits.
   123430.  The department shall by regulation establish and maintain
a system for the reporting of therapeutic abortions so as to
determine the demographic effects of abortion and assess the
experience in relation to legal and medical standards pertaining to
abortion practices.  The reporting system shall not require, permit,
or include the identification by name or other means of any person
undergoing an abortion.  The department shall make a report to the
Legislature not later than the 30th calendar day each even-numbered
year on its findings related to therapeutic abortions and their
effects.
   The department shall seek, in addition to any other funds made
available to it, federal funds in order to carry out the purposes of
this article.
   123435.  The rights to medical treatment of an infant prematurely
born alive in the course of an abortion shall be the same as the
rights of an infant of similar medical status prematurely born
spontaneously.
   123440.  (a) It is unlawful for any person to use any aborted
product of human conception, other than fetal remains, for any type
of scientific or laboratory research or for any other kind of
experimentation or study, except to protect or preserve the life and
health of the fetus.  "Fetal remains," as used in this section, means
a lifeless product of conception regardless of the duration of
pregnancy.  A fetus shall not be deemed to be lifeless for the
purposes of this section, unless there is an absence of a discernible
heartbeat.
   (b) In addition to any other criminal or civil liability that may
be imposed by law, any violation of this section constitutes
unprofessional conduct within the meaning of the Medical Practice
Act, Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code.
   123445.  (a) Except as provided in subdivision (b), at the
conclusion of any scientific or laboratory research or any other kind
of experimentation or study upon fetal remains, the fetal remains
shall be promptly interred or disposed of by incineration.
   Storage of the fetal remains prior to the completion of the
research, experimentation, or study shall be in a place not open to
the public, and the method of storage shall prevent any deterioration
of the fetal remains that would create a health hazard.
   (b) Subdivision (a) shall not apply to public or private
educational institutions.
   Any violation of this section is a misdemeanor.
   123450.  (a) Except in a medical emergency requiring immediate
medical action, no abortion shall be performed upon an unemancipated
minor unless she first has given her written consent to the abortion
and also has obtained the written consent of one of her parents or
legal guardian.
   (b) If one or both of an unemancipated, pregnant minor's parents
or her guardian refuse to consent to the performance of an abortion,
or if the minor elects not to seek the consent of one or both of her
parents or her guardian, an unemancipated pregnant minor may file a
petition with the juvenile court.  If, pursuant to this subdivision,
a minor seeks a petition, the court shall assist the minor or person
designated by the minor in preparing the petition and notices
required pursuant to this section.  The petition shall set forth with
specificity the minor's reasons for the request.  The court shall
ensure that the minor's identity is confidential.  The minor may file
the petition using only her initials or a pseudonym.  An
unemancipated pregnant minor may participate in the proceedings in
juvenile court on her own behalf, and the court may appoint a
guardian ad litem for her.  The court shall, however, advise her that
she has a right to court-appointed counsel upon request.  The
hearing shall be set within three days of the filing of the petition.
  A notice shall be given to the minor of the date, time, and place
of the hearing on the petition.
   (c) At the hearing on a minor's petition brought pursuant to
subdivision (b) for the authorization of an abortion, the court shall
consider all evidence duly presented, and order either of the
following:
   (1) If the court finds that the minor is sufficiently mature and
sufficiently informed to make the decision on her own regarding an
abortion, and that the minor has, on that basis, consented thereto,
the court shall grant the petition.
   (2) If the court finds that the minor is not sufficiently mature
and sufficiently informed to make the decision on her own regarding
an abortion, the court shall then consider whether performance of the
abortion would be in the best interest of the minor.  In the event
that the court finds that the performance of the abortion would be in
the minor's best interest, the court shall grant the petition
ordering the performance of the abortion without consent of, or
notice to, the parents or guardian.  In the event that the court
finds that the performance of the abortion is not in the best
interest of the minor, the court shall deny the petition.
   Judgment shall be entered within one court day of submission of
the matter.
   (d) The minor may appeal the judgment of the juvenile court by
filing a written notice of appeal at any time after the entry of the
judgment.  The Judicial Council shall prescribe, by rule, the
practice and procedure on appeal and the time and manner in which any
record on appeal shall be prepared and filed.  These procedures
shall require that the notice of the date, time, and place of
hearing, which shall be set within five court days of the filing of
notice of appeal, shall be mailed to the parties by the clerk of the
court.  The appellate court shall ensure that the minor's identity is
confidential.  The minor may file the petition using only her
initials or a pseudonym.  Judgment on appeal shall be entered within
one court day of submission of the matter.
   (e) No fees or costs incurred in connection with the procedures
required by this section shall be chargeable to the minor or her
parents, or either of them, or to her legal guardian.
   (f) It is a misdemeanor, punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in the county jail of
up to 30 days, or both, for any person to knowingly perform an
abortion on an unmarried or unemancipated minor without complying
with the requirements of this section.

      Article 3.  Community-Based Perinatal System

   123475.  The Legislature finds that a community-based system of
comprehensive perinatal care, including prenatal care, delivery
service, postpartum care, and neonatal and infant care are necessary
services that have been demonstrated effective in preventing or
reducing maternal, perinatal, and infant mortality and morbidity.
   123480.  It is the intent of the Legislature in enacting this
article to maintain, to the extent resources are available, a
permanent statewide community-based comprehensive perinatal system to
provide care and services to low-income pregnant women and their
infants who are considered underserved in terms of comprehensive
perinatal care.
   It is also the intent of the Legislature that the statewide,
community-based, comprehensive perinatal health care program be
developed by the department to conform with the guidelines set forth
in this article, and be integrated and coordinated with the perinatal
access program in Article 2.5 (commencing with Section 288).
   It is further the intent of the Legislature that these guidelines
allow each applicant the flexibility to design a system specific to
the nature of the community and the needs of the clients.
   It is further the intent of the Legislature that the director, in
allocating funds available for programs that provide comprehensive
perinatal care, follow the guidelines and principles developed in
this article.
   123485.  The following definitions shall govern the construction
of this article:
   (a) "Community-based comprehensive perinatal care" means a range
of prenatal, delivery, postpartum, infant, and pediatric care
services delivered in an urban community or neighborhood, rural area,
city or county clinic, city or county health department,
freestanding birth center, or other health care provider facility by
health care practitioners trained in methods of preventing
complications and problems during and after pregnancy, and in methods
of educating pregnant women of these preventive measures, and who
provide a continuous range of services.  The health care
practitioners shall, through a system of established linkages to
other levels of care in the  community, consult with, and, when
appropriate, refer to, specialists.
   (b) "Low income" means  all persons of childbearing age eligible
for Medi-Cal benefits under Chapter 7 (commencing with Section 14000)
and all persons eligible for public social services for which
federal reimbursement is available, including potential recipients.
"Potential recipients" shall include the pregnant woman and her
infant in a family where current social, economic and health
conditions of the family indicate that the family would likely become
a recipient of financial assistance within the next five years.
   (c) "Prenatal care" means care received from conception until the
completion of labor and delivery.
   (d) "Perinatal care" means care received from the time of
conception through the first year after birth.
   (e) "State department" means the department, unless otherwise
designated.
   123490.  (a) The department shall develop and maintain a statewide
comprehensive community-based perinatal services program and enter
into contracts, grants, or agreements with health care providers to
deliver these services in a coordinated effort to the extent
permitted under federal law and regulation.  These contracts, grants,
or agreements shall be made in medically underserved areas or areas
with demonstrated need.  Nothing in this section shall be construed
to prevent reallocation of resources or use of new moneys for the
development of new community-based comprehensive perinatal systems in
underserved areas or areas with demonstrated need, and
supplementation of systems already in existence.
   (b) As a condition of receiving funds from the Maternal and Child
Health program, contractors shall bill the Medi-Cal program for
services provided to Medi-Cal recipients.
   123495.  (a) The department shall seek any federal waiver or
waivers that may be necessary to maximize funds from the federal
government including, but not limited to, funds provided under Title
19 of the Social Security Act to provide funds for a full range of
preventive perinatal services.
   (b) The department shall, in preparing its budget for submission
each year, coordinate all funding sources intended primarily for
perinatal care made available through the Budget Act to maximize the
delivery of perinatal care services and to avoid duplication of
programs and funding.
   (c) The department shall develop and implement a uniform sliding
fee schedule for women provided perinatal care through the perinatal
services program.  The fee schedule shall be based on family size and
income, but in no case shall the fee exceed the actual cost of the
services provided.  The department shall not implement any schedule
developed pursuant to this section sooner than 30 days after the
department has provided the chairperson of the Joint Legislative
Budget Committee and the chairperson of the fiscal committee of each
house with the developed schedule.
   All free clinics, as defined in paragraph (2) of subdivision (a)
of Section 1204 shall be exempt from this subdivision.
   All organizations funded under the Public Health Service Act,
Sections 254b and 254c of Title 42 of the United States Code, shall
be permitted to utilize those sliding fee scales mandated by federal
law or regulation in lieu of the sliding fee scale adopted by the
department.
   123500.  The department shall monitor the delivery of services
under contracts, grants, and agreements provided for in this article
through a uniform health data collection system that utilizes
epidemiologic methodology.  The department may collect data from
providers receiving funds through this program as necessary to
evaluate program effectiveness.
   123505.  The goals of the community-based comprehensive perinatal
health care system shall be:
   (a) To decrease and maintain the decreased level of perinatal,
maternal, and infant mortality and morbidity in the State of
California.
   (b) To support methods of providing comprehensive prenatal care
that prevent prematurity and the incidence of low birth weight
infants.
   123510.  The program objectives of the community-based
comprehensive perinatal health care system shall be the following:
   (a) To ensure continuing availability and accessibility to early
prenatal care within the areas presently served and to develop a
community-based comprehensive perinatal system in other areas of the
state that are medically underserved or have demonstrated need.
   (b) To assure the appropriate level of maternal, newborn and
pediatric care services necessary to provide the healthiest outcome
for mother and infant.
   (c) To ensure postpartum, family planning, and followup care
through the first year of life, and referral to an ongoing primary
health care provider.
   (d) To include support and ancillary services such as nutrition,
health education, public health nursing, and social work that have
been demonstrated to decrease maternal, perinatal, and infant
mortality and morbidity, as components of comprehensive perinatal
care.
   (e) To ensure that care shall be available regardless of the
patient's financial situation.
                               (f) To ensure, to the extent possible,
that the same quality of care shall be available to all pregnant
women.
   (g) To promote program flexibility by recognizing the needs within
an area and providing for unique programs to meet those needs.
   (h) To emphasize preventive health care as a major component of
any perinatal program, and to support outreach programs directed at
low-income pregnant women that will encourage early entry into, and
appropriate utilization of, the perinatal health care system.
   123515.  In processing and awarding contracts, grants, or
agreements pursuant to this article, the department shall evaluate
the ability of applicants to meet, to the maximum extent possible,
the following criteria:
   (a) The applicant's prior experience in providing community-based,
comprehensive perinatal care and services to low-income women and
infants.
   (b) The applicant's ability to provide comprehensive perinatal
care, either directly or through subcontract.  Those services
comprising comprehensive perinatal care include, but are not limited
to, the following:
   (1) Initial and ongoing physical assessment.
   (2) Psychosocial assessments and counseling, and referral when
appropriate.
   (3) Nutrition assessments, counseling and referral to counseling
on food supplement programs, vitamins, and breast-feeding.
   (4) Health educational assessments, and intervention and referral,
including childbirth preparation and parenting.
   (5) Outreach and community education.
   (6) Laboratory, radiology, and other specialized services as
indicated.
   (7) Delivery, postpartum followup, and pediatric care through the
first year of life.
   (c) The quality of care that is being, or has been provided to
low-income women and infants by health care providers.
   (d) Whether the area that is, or that will be, serviced by the
applicant is medically underserved or has otherwise demonstrated the
need for comprehensive, community-based perinatal services.
   (e) The applicant's ability to use an appropriate
multidisciplinary staff working as a team, in consultation with
obstetricians, pediatricians, and family practitioners when
appropriate, to provide a full range of comprehensive perinatal care
services.  Staffing patterns shall reflect, to the maximum extent
feasible, at all levels, the cultural, linguistic, ethnic, and other
social characteristics of the community served.  This staff shall
include at least one of those persons described in paragraphs (1) to
(3), inclusive, of this subdivision, as follows, and may include, but
not be limited to, a combination of those persons described in
paragraphs (4) to (10), inclusive, of this subdivision, as follows:
   (1) An obstetrician.
   (2) A pediatrician.
   (3) A family practice physician.
   (4) Certified nurse midwives, public health nurses, nurse
practitioners, or physician assistants.
   (5) Nutritionists.
   (6) Social workers.
   (7) Health and childbirth educators.
   (8) A family planning counselor.
   (9) Community outreach peer workers.
   (10) A translator.
   123520.  (a) In developing a comprehensive system, health care
providers funded under this article may perform the following
activities to ensure that a full range of program components of a
comprehensive, community-based health care system are available,
accessible, and utilized by pregnant women and infants:
   (1) Coordinate specific linkages with one another.
   (2) Subcontract the services specified in this article.
   (3) Provide additional services not specifically listed in this
article.  These additional services shall include, but shall not be
limited to the Women, Infants, and Children (WIC) food supplement
program, services offered by local health departments, and public and
private social welfare agencies.  Nothing contained in this article
shall be construed to prohibit a subcontractor from being reimbursed
pursuant to a fee for service, capitation, or other payment
mechanism.
   (b) All services and educational materials shall be provided in
the primary languages of the clients served, provided that there are
at least 5 percent or 100 persons, whichever is less, of the total
beneficiary population served annually by each facility, who share
language other than English and who are limited-English speaking.
"Limited-English speaking" means a person who uses a language other
than English in order to communicate effectively.
   (c) Health care providers applying for a contract, grant, or
agreement under this article shall indicate the manner in which their
service elements will be coordinated with existing community
resources and services and with hospitals of all levels in the area
to ensure each client receives the appropriate level or care at the
appropriate time.  The department may require written agreements
between contractors and hospital or hospitals in the area regarding
delivery services, and protocols for referral and transfer when
special treatment services are required.  The department may, when
requested by the grantee or contractor, assist in achieving
coordination and written agreements pertaining to the delivery of
these services.
   123525.  The provisions contained in this article shall be subject
to the normal Budget Act process and shall be operative to the
extent funds are appropriated for this purpose.

      Article 4.  Perinatal Health Care

   123550.  The Legislature finds and declares that prenatal care,
delivery service, postpartum care and neonatal and infant care are
essential services necessary to assure maternal and infant health.
These services are not currently distributed so as to meet the
minimum maternal and infant health needs of many Californians.  A
regionalized perinatal health system can provide these essential
services; however, many underserved areas lack the staff or expertise
to develop these systems.
   123555.  The department shall develop and implement a uniform
sliding fee schedule, based on family size and income, for women
provided perinatal care through the Perinatal Care Services Program.
The department shall not implement any schedule developed pursuant
to this section sooner than 30 days after the department has provided
the Chairperson of the Joint Legislative Budget Committee and the
chairperson of the fiscal committee of each house with the developed
schedule.
   123560.  Unless the context otherwise requires, the definitions in
this section govern the construction of this article:
   (a) "Perinatal health system" means all of the prenatal care,
delivery care, postpartum care, and neonatal and infant care services
available to a region identified by the department pursuant to this
article.
   (b) "Regionalized perinatal health system" means coordinated
measures intended to ensure that a perinatal health system provides
at least minimum services necessary to meet the maternal and infant
health needs of the region and intended to ensure that it does so as
efficiently and cost-effectively as possible.
   (c) "High-risk pregnant woman" means a woman considered highly
likely for any reason to suffer personal mortality or morbidity from
her pregnancy, or to deliver a defective, disabled, high-risk, or
stillborn infant.
   (d) "High-risk infant" means a newborn considered highly likely
for any reason to suffer personal mortality or morbidity or to suffer
long-lasting defect or disability.
   (e) "High-risk geographic area" means a region in this state in
which the proportion of high-risk pregnant women or high-risk infants
exceeds the average for the population of California as a whole.
   (f) "High-risk population" means a demographic group in which the
proportion of high-risk women or high-risk infants exceeds the
average for the population of California as a whole.
   123565.  The department shall maintain a program that addresses
the special needs of high-risk pregnant women and infants.  The
program shall include the following:
   (a) Identification of high-risk geographical areas and
populations.
   (b) Identification and evaluation of deficiencies in perinatal
health systems.
   (c) Assistance in the development of regionalized perinatal health
systems, particularly in underserved areas, to meet unmet needs.
   (d) Assistance in implementing regionalized perinatal health
systems.
   (e) Collection and analyses of data on perinatal health systems
and needs.
   (f) Monitoring of results.
   (g) Assist in implementing and maintaining a high-risk infant
follow-up program.
   123570.  (a) In assisting in the development of the regionalized
perinatal health systems, the department shall consult with the
office, the State Department of Developmental Services, county health
officials, health systems agencies, health professionals and health
facilities expected to participate in the systems, and community
groups.
   (b) In carrying out this article, the department shall coordinate
the regionalized perinatal health systems with all other maternal and
infant health programs conducted by or for the department, the
office, the State Department of Developmental Services, and all other
state agencies, to ensure full regional coordination.
   123575.  It is the intent of the Legislature that the program
created by Sections 123550 to 123570, inclusive, be funded through
the normal budgetary process beginning in the 1980-81 fiscal year.
   123600.  By July 1, 1991, the Health and Welfare Agency shall
develop and disseminate a model needs assessment protocol for
pregnant and postpartum substance abusing women in conjunction with
the appropriate professional organizations in the areas of hospital
administration, substance abuse prevention and treatment, social
services, public health, and appropriate state agencies, including
the State Department of Social Services, the department, the State
Department of Developmental Services, and the State Department of
Alcohol and Drug Programs.  This model may be utilized by hospitals
and counties pursuant to Section 123605.
   123605.  (a) Each county shall establish protocols between county
health departments, county welfare departments, and all public and
private hospitals in the county, regarding the application and use of
an assessment of the needs of, and a referral for, a substance
exposed infant to a county welfare department pursuant to Section
11165.13 of the Penal Code.
   (b) The assessment of the needs shall be performed by a health
practitioner, as defined in Section 11165.8 of the Penal Code, or a
medical social worker.  The needs assessment shall be performed
before the infant is released from the hospital.
   (c) The purpose of the assessment of the needs is to do all of the
following:
   (1) Identify needed services for the mother, child, or family,
including, where applicable, services to assist the mother caring for
her child and services to assist maintaining children in their
homes.
   (2) Determine the level of risk to the newborn upon release to the
home and the corresponding level of services and intervention, if
any, necessary to protect the newborn's health and safety, including
a referral to the county welfare department for child welfare
services.
   (3) Gather data for information and planning purposes.
   123610.  It is the intent of the Legislature that funding for
Sections 123600 and 123605 be provided in the annual Budget Act.

      Article 5.  Perinatal Care Guidance (Reserved)
      CHAPTER 3.  CHILD HEALTH
      Article 1.  Infant Mortality and Morbidity Prevention

   123650.  (a) The department shall develop a plan to identify
causes of infant mortality and morbidity in California and to study
recommendations on the reduction of infant mortality and morbidity in
California.
   (b) The study plan shall be completed on or before July 1, 1988,
and shall be developed in conjunction with, and reviewed by, each of
the following organizations:
   (1) The California Medical Association.
   (2) The California Nurses Association.
   (3) The California Hospital Association.
   (4) The American College of Obstetrics and Gynecologists.
   (5) The American College of Nurse Midwives.
   (6) The California Academy of Family Physicians.
   (7) The American Academy of Pediatrics.
   (8) The California Association of Freestanding Birth Centers.
   (9) The American Public Health Association.
   (10) The Medical Board of California.
   (11) The Board of Registered Nurses.
   (12) The Department of Consumer Affairs.
   (13) The office.
   (14) The California Association of Midwives.
   123655.  The study plan shall incorporate in its design the
findings of MCH Title V Research Contract DHS 8689088, the "Maternal
Neonatal and Fetal Mortality Study."
   The department shall issue a report to the Legislature on or
before July 1, 1989, concerning causal factors in infant mortality
and morbidity.

      Article 2.  Black Infant Health (Reserved)
      Article 3.  Sudden Infant Death Syndrome

   123725.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "SIDS" means sudden infant death syndrome.
   (2) "SIDS Advisory Council" or "advisory council" means the Sudden
Infant Death Syndrome Advisory Council established pursuant to
subdivision (b).
   (b) The department shall establish a Sudden Infant Death Syndrome
Advisory Council.  The advisory council shall consist of nine members
who shall be chosen by the director in consultation with regional
SIDS parent advisory councils.  At least one-third of the members of
the advisory council chosen by the director shall be representatives
of SIDS parents' groups.  The membership of the advisory council
shall also include, but not be limited to, a coroner, a medical
examiner, a public health nurse, a physician and surgeon with
expertise in SIDS, and a representative from a police or fire
department.
   (c) The SIDS Advisory Council shall do all of the following:
   (1) Provide guidance to the state department in the development of
training, educational, and research programs regarding SIDS.
   (2) Provide ongoing guidance to the Governor and the Legislature
regarding the need for specific programs regarding SIDS for specific
targeted groups of persons.
   (3) In conjunction with the state department or a person with whom
the state department contracts to provide SIDS education, convene a
statewide conference annually to examine the progress in discovering
the cause of SIDS, explore the progress of newly established programs
and services related to SIDS, identify future needs for legislation
and program development regarding SIDS, and make recommendations on
the needs of programs regarding SIDS.  Conference participants shall
include professionals and service providers in the area of SIDS,
family members of SIDS victims, and the staff of members of the
Legislature and departments of the state.
   (d) The members of the advisory council shall serve at the
pleasure of the director.  The members of the advisory council shall
serve without compensation, but  shall be reimbursed for necessary
and travel expenses incurred in the performance of the duties of the
advisory council.
   (e) The requirements contained in this section shall be subject to
the annual Budget Act and shall be operative only to the extent that
funds are appropriated for the purposes of this section.
   123730.  The department shall keep each county health officer
advised of the most current knowledge relating to the nature and
causes of sudden infant death syndrome.
   123735.  (a) As used in this section, "SIDS" means sudden infant
death syndrome.
   (b) The department shall contract with a person to provide regular
and ongoing SIDS education and training programs for those who
interact with parents and caregivers following a death from SIDS,
including, but not limited to, the following:
   (1) County public health nurses.
   (2) Coroners and coroners' investigators.
   (3) Forensic pathologists.
   (4) Emergency room physicians and surgeons, nurses, and other
staff.
   (5) Licensed day care providers.
   (6) SIDS parent groups.
   (7) Medical examiners.
   (c) The department shall contract with a person to produce,
update, and distribute literature on SIDS for specific target
populations of persons who interact with parents and caregivers
following a death from SIDS, including, but not limited to, the
following:
   (1) Clergy.
   (2) Fire and police departments.
   (3) Emergency medical service staff.
   (4) Morticians.
   (5) Funeral directors.
   (6) SIDS parent groups.
   (d) The requirements of this section shall be subject to the
annual Budget Act and shall be operative only to the extent funds are
appropriated for the purposes of this section.
   123740.  (a) For purposes of this section the following
definitions shall apply:
   (1) "Appropriately trained public health professional" means a
public health nurse or a social worker who is knowledgeable about the
incidence of sudden infant death syndrome and the care and support
of persons who have experienced a death of this nature, and who has
basic grief counseling skills.
   (2) "Contact" is a face-to-face visit, a group visit, or a
telephone call that provides one or more of the following services:
   (A) An assessment of the family, child care provider, or both.
   (B) Crisis intervention and counseling.
   (C) A referral to a community service.
   (D) A followup assessment of the family's, the child care provider'
s, or both family's and child care provider's progress.
   (3) "Immediately" means within three working days of receiving
notice from the coroner or other reporting agent of a death
presumedly caused by sudden infant death syndrome.
   (4) "Local health officer" means a health officer for a city,
county, or city and county.
   (b) Upon being informed by the coroner pursuant to Section 102865
of any case in which sudden infant death syndrome is the  presumed
cause of death, the local health officer or his or her designated
agent, who is an appropriately trained public health professional,
after consultation with the infant's physician of record, when
possible, shall immediately contact the person or persons who had
custody and control of the infant, including foster parents, when
applicable, for the purposes of providing to that person information,
support, referral, and followup services relating to sudden infant
death syndrome.  If the infant was in child care, the local health
officer or his or her designated agent who is an appropriately
trained public health professional also shall immediately contact the
child care provider.
   (c) The local health officer shall perform the duties required by
this section throughout the  jurisdiction of that local health
officer.
   123745.  The department shall monitor, or contract with a person
to monitor, whether the county health officer or his or her
designated agent is performing the duties required by Section 123740
and whether they are being performed within the timeframes specified
in Section 123740.

      Article 4.  Infant Medical Dispatch Centers

   123750.  The Legislature finds that intensive care nurseries for
at-risk infants are often at capacity.  It further finds that serious
delays can occur in placing critically ill newborn infants in
intensive care nurseries due to calls being placed to many hospitals.
  Additionally, valuable staff time is often taken by a capacity
nursery in attempting to find another nursery with an available bed.
It is further found that, due to the lack of a centralized dispatch
system, at-risk infants are often not placed in the intensive care
nursery nearest their homes.
   Therefore, the Legislature finds that in order to protect the
health of critically ill newborn children and to more efficiently
utilize space and staff in intensive care nurseries it is necessary
to establish 24-hour-a-day, year-round medical dispatch centers
linking all hospitals providing obstetrical services with intensive
care nurseries.
   123753.  The department shall establish two dispatch centers, each
to be located at a hospital containing an intensive care nursery
that has been approved by the department.
   123755.  One of the centers established pursuant to Section 123750
shall be located to serve the region of the state north of the
Tehachapi Mountains, and one of the centers shall be located to serve
the region south of the Tehachapi Mountains.
   123760.  The centers shall locate bedspace for critically ill
newborn infants nearest their homes, locate and dispatch transport
for the infants and for appropriate medical personnel, advise the
obstetrical nursery regarding maintenance care of the infant until
transport is effected, and keep a daily record of the availability of
bedspace in all intensive care nurseries.
   Nothing in this article shall obligate the state for transport
costs other than those already authorized by law.
   123765.  Funds appropriated to carry out the purposes of this
article shall be used for leasing or purchasing communication
equipment or time; and for hiring, training, or contracting for
personnel and administration of the centers.
   123770.  Public and private nonprofit health facilities,
organizations, and educational institutions are eligible to receive
center funds under this article.
   123775.  Each infant medical dispatch center established pursuant
to this article shall annually report on the progress of the project,
the status of the data base obtained pursuant to Section 123760, and
any necessary changes to meet the goals prescribed in Section 123760
to the Legislature on or before November 1 of each year.

      Article 5.  California Children's Services

   123800.  This article shall be known and may be cited as the
Robert W.  Crown California Children's Services Act.
   123805.  The department shall establish and administer a program
of services for physically defective or handicapped persons under the
age of 21 years, in cooperation with the federal government through
its appropriate agency or instrumentality, for the purpose of
developing, extending and improving the services.  The department
shall receive all funds made available to it by the federal
government, the state, its political subdivisions or from other
sources.  The department shall have power to supervise those services
included in the state plan that are not directly administered by the
state.  The department shall cooperate with the medical, health,
nursing and welfare groups and organizations concerned with the
program, and any agency of the state charged with the administration
of laws providing for vocational rehabilitation of physically
handicapped children.
   The reference to "the age of 21 years" in this section is
unaffected by Section 1 of Chapter 1748 of the Statutes of 1971 or
any other provision of that chapter.
   123810.  The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction heretofore exercised by
the State Department of Benefit Payments with respect to moneys,
funds, and appropriations available to the department for the
purposes of processing, audit, and payment of claims received for the
purposes of this article.
   123815.  The department shall have possession and control of all
records, papers, equipment, and supplies held for the benefit or use
of the Director of Benefit Payments in the performance of his duties,
powers, purposes, responsibilities, and jurisdiction that are vested
in the department by Section 123810.
   123820.  All officers and employees of the Director of Benefit
Payments who on July 1, 1978, are serving in the state civil service,
other than as temporary employees, and engaged in the performance of
a function vested in the department by Section 123810 shall be
transferred to the department.  The status, positions, and rights of
these persons shall not be affected by the transfer and shall be
retained by them as officers and employees of the department pursuant
to the State Civil Service Act, except as to positions exempt from
civil service.
   123822.  All claims for services provided under this article shall
be submitted to the state fiscal intermediary for payment no later
than January 1, 1999.  The State Department of Health Services shall
work in cooperation with the counties to develop a timeline for
implementing the centralized billing system.  If a department review
of those counties participating in the centralized billing system
demonstrates that as of January 1, 2000, any county has incurred
increased costs as a result of submitting claims for services to the
state fiscal intermediary, that county may be exempt from this
section.
   123825.  It is the intent of the Legislature through this article
to provide, to the extent practicable, for the necessary medical
services required by physically handicapped children whose parents
are unable to pay for these services, wholly or in part.  This
article shall also include the necessary services rendered by the
program to physically handicapped children treated in public schools
that provide services for physically handicapped children.
   123830.  "Handicapped child," as used in this article, means a
physically defective or handicapped person under the age of 21 years
who is in need of services.  The director shall establish those
conditions coming within a definition of "handicapped child" except
as the Legislature may otherwise include in the definition.
Phenylketonuria, hyaline membrane disease, cystic fibrosis, and
hemophilia shall be among these conditions.
   The reference to "the age of 21 years" in this section is
unaffected by Section 1 of Chapter 1748 of the Statutes of 1971 or
any other provision of that chapter.
   123835.  The department shall keep the program abreast of advances
in medical science, leading to the inclusion of other handicapping
conditions and services within the limits of and consistent with the
most beneficial use of funds appropriated for this purpose.  With the
approval of the agency administrator the department may carry out
pilot studies to determine the need for, or the feasibility of,
including other handicapping conditions and services in the program
within the limits of available funds appropriated for the program.
   123840.  "Services," as used in this article, means any or all of
the following:
   (a) Expert diagnosis.
   (b) Medical treatment.
   (c) Surgical treatment.
   (d) Hospital care.
   (e) Physical therapy.
   (f) Occupational therapy.
       (g) Special treatment.
   (h) Materials.
   (i) Appliances and their upkeep, maintenance, care and
transportation.
   (j) Maintenance, transportation, or care incidental to any other
form of "services."
   123845.  "California Children's Services Program," as used in this
article, means the program of services established and operated
pursuant to this article.
   123850.  The board of supervisors of each county shall designate
the county department of public health or the county department of
social welfare as the designated agency to administer the California
Children's Services Program.  Counties with total population under
200,000 persons may administer the county program independently or
jointly with the department.  Counties with a total population in
excess of 200,000 persons shall administer the county program
independently.  Except as otherwise provided in this article, the
director shall establish standards relating to the local
administration and minimum services to be offered by counties in the
conduct of the California Children's Services Program.
   123855.  The department or designated county agency shall
cooperate with, or arrange through, local public or private agencies
and providers of medical care to seek out handicapped children,
bringing them expert diagnosis near their homes.  Case finding shall
include, but not be limited to, children with impaired sense of
hearing.  This section does not give the department or designated
agency power to require medical or other form of physical examination
without consent of parent or guardian.
   123860.  In accordance with applicable regulations of the United
States Children's Bureau, the department and designated county
agencies shall provide a diagnosis for handicapped children.  Within
the limits of available funds, the department and designated local
agencies may accept for diagnosis a handicapped child believed to
have a severe chronic disease or severe physical handicap, as
determined by the director, irrespective of whether the child
actually has an eligible medical condition specified in Section
123830.  The department shall cause a record to be kept listing all
conditions diagnosed by the program and shall publish the information
annually, including data on the number and kinds of diagnosed
medical conditions that do not come within the definition of
"handicapped child" as specified in Section 123830.
   123865.  Whenever the parents or estate of a handicapped child is
wholly or partly unable to furnish for the child necessary services,
the parents or guardian may apply to the agency of the county that
has been designated by the board of supervisors of the county of
residence under the terms of Section 123850 to administer the
provisions for handicapped children.  Residence shall be determined
in accordance with  Sections 243 and 244 of the Government Code.
   123870.  (a) The department shall establish uniform standards of
financial eligibility for treatment services under the California
Children's Services Program.  Financial eligibility for treatment
services under this program shall be limited to persons in families
with an adjusted gross income of forty thousand dollars ($40,000) or
less in the most recent tax year, as calculated for California state
income tax purposes.  However, the director may authorize treatment
services for persons in families with higher incomes if the estimated
cost of care to the family in one year is expected to exceed 20
percent of the family's adjusted gross income.
   (b) Necessary medical therapy treatment services under the
California Children's Services Program rendered in the public schools
shall be exempt from financial eligibility standards and enrollment
fee requirements for the services when rendered to any handicapped
child whose educational or physical development would be impeded
without the services.
   (c) All counties shall use the uniform standards for financial
eligibility and enrollment fees established by the department.  All
enrollment fees shall be used in support of the California Children's
Services Program.
   (d) Annually, every family with a child eligible to receive
services under this article shall pay a fee of twenty dollars ($20),
that shall be in addition to any other program fees for which the
family is liable.  This assessment shall not apply to any child who
is eligible for full scope Medi-Cal benefits without a share of cost,
for children receiving therapy through the California Children's
Services Program as a related service in their individualized
education plans, or for children from families having incomes of less
than 100 percent of the federal poverty level.
   123872.  In addition to the other eligibility requirements set
forth in this article, prior to being determined financially eligible
for services under this article, the applicant family shall agree to
repay the California Children's Services Program for any treatment
services authorized by the program in an amount not to exceed the
proceeds of any judgment, award, or settlement for damages as a
result of a lawsuit or pursuant to an agreement relating to a
California Children's Services medically eligible condition.
   123875.  When the California Children's Service medical therapy
unit conference team, based on a medical referral recommending
medically necessary occupational or physical therapy in accordance
with subdivision (b) of Section 7575 of the Government Code, finds
that a handicapped child, as defined in Section 123830, needs
medically necessary occupational or physical therapy, that child
shall be determined to be eligible for therapy services.  If the
California Children's Services medical consultant disagrees with the
determination of eligibility by the California Children's Services
medical therapy unit conference team, the medical consultant shall
communicate with the conference team to ask for further justification
of its determination, and shall weigh the conference team's
arguments in support of its decision in reaching his or her own
determination.
   This section shall not change eligibility criteria for the
California Children's Services programs as described in Sections
123830 and 123860.
   This section shall not apply to children diagnosed as specific
learning disabled, unless they otherwise meet the eligibility
criteria of the California Children's Services.
   123880.  The department and designated agencies shall not deny
eligibility or aid under the California Children's Services Program
because an otherwise eligible person is receiving treatment services
under a teaching program at an accredited medical school facility or
accredited school or college of podiatric medicine, whether or not
all or part of the treatment services are performed by the staff at
the facility, school, or college, provided that treatment services at
the facility, school, or college are under the general supervision
of a California Children's Services Program panel physician and
surgeon, including a family physician, and podiatrist.
   123885.  Panel members as set forth in Section 123880 shall be
board-certified and have expertise in the care of children.
   123890.  (a) The state department shall not deny a hospital's
request to provide treatment to burn victims who are eligible under
the California Children's Services Program solely on the basis that
the hospital does not have separate facilities for child and adult
burn victims, provided that the hospital has approval from the
department to operate a burn center pursuant to Section 1255.
   (b) Subdivision (a) shall only be applied to burn units located in
hospitals where there are no regional burn centers, or any other
existing burn center, within an 85-mile radius of the hospital.
   (c) Subdivision (a) shall only apply if the hospital seeking the
exemption had a state-approved burn center in operation as of January
1, 1982, and if there is no hospital specializing in children's
services within an 85-mile radius of the hospital seeking the
subdivision (a) exemption.
   (d) Hospitals having qualified and received a subdivision (a)
exemption, shall demonstrate, at the request of the department, that
the nursing staff providing burn care to children victims have
satisfactorily completed post-graduate training in pediatrics.
   123895.  The designated agency shall determine the financial
eligibility of the family according to standards established by the
department.  The agency will also determine if the parents are
residents of the county, if the guardian of the child is a resident
of the county, or if the emancipated minor is a resident of the
county where application for services is made.  If the agency finds
that the family, guardian, or emancipated minor is a resident of the
county and financially eligible for services, it shall make a record
of the facts and shall certify this child for care under the program.

   123900.  (a) Beginning September 1, 1991, in addition to any other
standards of eligibility pursuant to this article, each family with
a child otherwise eligible to receive services under this article
shall pay an annual enrollment fee as a requirement for eligibility
for services, except as specified in subdivision (f).
   (b) The department shall determine the annual enrollment fee, that
shall be a sliding fee scale based upon family size and income, and
shall be adjusted by the department to reflect changes in the federal
poverty level.
   (c) "Family size" shall include the child, his or her natural or
adoptive parents, siblings, and other family members who live
together and whose expenses are dependent upon the family income.
   (d) "Family income" for purposes of this article, shall include
the total gross income, or their equivalents, of the child and his or
her natural or adoptive parents.
   (e) Payment of the enrollment fee is a condition of program
participation.  The enrollment fee is independent of any other
financial obligation to the program.
   (f) The enrollment fee shall not be charged in any of the
following cases:
   (1) The only services required are for diagnosis to determine
eligibility for services, or are for medically necessary therapy
pursuant to Section 123875.
   (2) The child is otherwise eligible to receive services and is
eligible for full Medi-Cal benefits at the time of application or
reapplication.
   (3) The family of the child otherwise eligible to receive services
under this article has a gross annual income of less than 200
percent of the federal poverty level.
   (g) Failure to pay or to arrange for payment of the enrollment fee
within 60 days of the due date shall result in disenrollment and
ineligibility for coverage of treatment services 60 days after the
due date of the required payment.
   (h) The county shall apply the enrollment fee scale established by
the department and shall collect the enrollment fee.  The county may
arrange with the family for periodic payment during the year if a
lump-sum payment will be a hardship for the family.  The agency
director of California Children's Services may, on a case-by-case
basis, waive or reduce the amount of a family's enrollment fee if, in
the director's judgment, payment of the fee will result in undue
hardship.
   (i) By thirty days after the effective date of this section or
August 1, 1991, whichever is later, the department shall advance to
each county, as a one-time startup amount, five dollars and fifty
cents ($5.50) for each county child who was receiving services under
this article on June 30, 1990, and who was not a Medi-Cal
beneficiary.  This one-time payment shall be in addition to the 4.1
percent of the gross total expenditures for diagnoses, treatment, and
therapy by counties allowed under subdivision (c) of Section 123955.

   (j) Each county shall submit to the state, as part of its
quarterly claim for reimbursement, an accounting of all revenues due
and revenues collected as enrollment fees.
   123905.  A county of under 200,000 population, administering its
county program jointly with the department, shall forward to the
department a statement certifying the family of the handicapped child
as financially eligible for treatment services.  The department
shall authorize necessary services within the limits of available
funds.  Payment for services shall be made by the department, with
reimbursement from the county for its proportionate share as
specified in this article.
   123910.  The department may, without the possession of a county
certification, pay the expenses for services required by any
physically handicapped child out of any funds received by it through
gift, devise, or bequest or from private, state, federal, or other
grant or source.
   The department may authorize or contract with any person or
institution properly qualified to furnish services to handicapped
children.  It may pay for services out of any funds appropriated for
the purpose or from funds it may receive by gift, devise, or bequest.

   The department may receive gifts, legacies, and bequests and
expend them for the purpose of this article, but not for
administrative expense.
   123915.  When the department provides, or arranges for the
provision of, services to physically handicapped children directly,
as in the case of nonresident physically handicapped children, it
shall enter into an agreement with parents, guardians or persons
responsible for the care of handicapped children for payment of the
enrollment fee.
   123920.  Upon the request of another state or of a federal agency,
the department may pay the expenses of services required by any
physically handicapped child who is not a resident of the state;
provided, that the cost of the services is fully covered by special
grants or allotments received from the state or federal agency for
that purpose.
   123925.  The department and designated agencies shall maintain
surveillance and supervision over the services provided handicapped
children under authorization by the program to assure a high quality
of service and shall cause a record to be kept showing the condition
and improvement of these handicapped children.
   123930.  This article does not authorize any treatment service
without the written consent of a parent or guardian except as a
person under 18 years of age is an emancipated minor.
   123935.  A handicapped child shall not be denied services pursuant
to this article because he or she is mentally retarded.
   123940.  (a) (1) Annually, the board of supervisors shall
appropriate a sum of money for services for handicapped children of
the county, including diagnosis, treatment, and therapy services for
physically handicapped children in public schools, equal to 25
percent of the actual expenditures for the county program under this
article for the 1990-91 fiscal year, except as specified in paragraph
(2).
   (2) If the state certifies that a smaller amount is needed in
order for the county to pay 25 percent of costs of the county's
program from this source.  The smaller amount certified by the state
shall be the amount that the county shall appropriate.
   (b) In addition to the amount required by subdivision (a), the
county shall allocate an amount equal to the amount determined
pursuant to subdivision (a) for purposes of this article from
revenues allocated to the county pursuant to Chapter 6 (commencing
with Section 17600) of Division 9 of the Welfare and Institutions
Code.
   (c) The state shall match county expenditures for this article
from funding provided pursuant to subdivisions (a) and (b).
   (d) The county may appropriate and expend moneys in addition to
those set forth in subdivision (a) and (b) and the state shall match
the expenditures, on a dollar-for-dollar basis, to the extent that
state funds are available for this article.
   (e) Nothing in this section shall require the county to expend
more than the amount set forth in subdivision (a) plus the amount set
forth in subdivision (b) nor shall it require the state to expend
more than the amount of the match set forth in subdivision (c).
   123945.  For those counties with a total appropriation of county
funds not exceeding one hundred twenty-five thousand dollars
($125,000), and upon the expenditure of the county funds equivalent
to a county appropriation pursuant to Section 123940, the department
may, to the extent funds are available from state appropriated funds
for the California Children's Services Program and upon certification
of the county that there are insufficient revenues from the account
established pursuant to Chapter 6 (commencing with Section 17600) of
Division 9 of the Welfare and Institutions Code, pay for services for
cases deemed by the department to represent emergencies or cases
where medical care cannot be delayed without great harm to the child.

   123950.  The designated county agency shall administer the
medical-therapy program in local public schools for physically
handicapped children.  As provided in Section 123940, the state and
counties will share in the cost of support of therapist salaries in
these schools in the ratio of one dollar ($1) of state or federal
funds reimbursed quarterly to one dollar ($1) of county funds.  The
director shall establish standards for the maximum number of
therapists employed in the schools eligible for state financial
support in this program, the services to be provided, and the county
administrative services subject to reimbursement by the state.
   The department may adopt regulations to implement this section as
emergency regulations in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.  For the purposes of the Administrative Procedure Act, the
adoption of the regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
safety, and general welfare.  Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, these emergency regulations shall not be
subject to the review and approval of the Office of Administrative
Law.
   Notwithstanding any other provision of law, if the department
determines that emergency regulations are necessary to implement any
part of this article, there shall be deemed to be good cause for the
regulations to take effect prior to public notice and hearing.
   Notwithstanding subdivision (h) of Section 11346.1 and Section
11349.6 of the Government Code, the department shall transmit these
regulations directly to the Secretary of State for filing.  The
regulations shall become effective immediately upon filing by the
Secretary of State.
   The Office of Administrative Law shall provide for the printing
and publication of these regulations in the California Code of
Regulations.  Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
these regulations shall not be repealed by the Office of
Administrative Law and shall remain in effect until revised or
repealed by the department.
   123955.  (a) The state and the counties shall share in the cost of
administration of the California Children's Services Program at the
local level.
   (b) (1) The director shall adopt regulations establishing minimum
standards for the administration, staffing, and local implementation
of this article subject to reimbursement by the state.
   (2) The standards shall allow necessary flexibility in the
administration of county programs, taking into account the
variability of county needs and resources, and shall be developed and
revised jointly with state and county representatives.
   (c) The director shall establish  minimum standards for
administration, staffing and local operation of the program subject
to reimbursement by the state.
   (d) Until July 1, 1992, reimbursable administrative costs, to be
paid by the state to counties, shall not exceed 4.1 percent of the
gross total expenditures for diagnosis, treatment and therapy by
counties as specified in Section 123940.
   (e) Beginning July 1, 1992, this subdivision shall apply with
respect to all of the following:
   (1) Counties shall be reimbursed by the state for 50 percent of
the amount required to meet state administrative standards for that
portion of the county caseload under this article that is ineligible
for Medi-Cal to the extent funds are available in the state budget
for the California Children's Services Program.
   (2) On or before September 15 of each year, each county program
implementing this article shall submit an application for the
subsequent fiscal year that provides information as required by the
state to determine if the county administrative staff and budget meet
state standards.
   (3) The state shall determine the maximum amount of state funds
available for each county from state funds appropriated for CCS
county administration.  If the amount appropriated for any fiscal
year in the Budget Act for county administration under this article
differs from the amounts approved by the department, each county
shall submit a revised application in a form and at the time
specified by the department.
   (f) The department and counties shall maximize the use of federal
funds for administration, of the programs implemented pursuant to
this article, including using state and county funds to match funds
claimable under Title 19 of the Social Security Act.
   123960.  The department shall require of participating local
governments the provision of program data including, but not limited
to, the number of children treated, the kinds of disabilities, and
the costs of treatment, to enable the department, the Department of
Finance, and the Legislature to evaluate in a timely fashion and to
adequately fund the California Children's Services Program.
   123965.  A handicapped child placed for adoption, determined to be
financially eligible for care at the time of placement, shall not be
denied services pursuant to this article based upon the income of
the adopting parents, nor shall the adopting parents be required to
enter into any agreement to pay toward the costs of services
authorized for the care.  This section shall only apply to physical
handicaps present, and diagnosed, at the time of adoption.
Residence, for the purposes of this section, shall be that of the
adopting parents.
   123970.  The department and the placing adoption agency at the
time of placement shall notify all prospective adopting parents in
writing, that funds received under the California Children's Services
Program shall terminate if the adopting parents move out of the
state.  However, the department and the placing adoption agency shall
advise the prospective adopting parents that they may be eligible
for the funds in the new state, subject to any applicable
qualifications.
   123975.  (a) The department, in consultation with selected
representatives of participating neonatal intensive care units, shall
establish a system to screen newborn infants at high risk for
deafness and create and maintain a system of followup and assessment
for infants identified by the screening in neonatal intensive care
units participating in the California Children's Services Program.
   This section shall not be applicable to a newborn child whose
parent or guardian objects to the tests on the ground that the tests
conflict with his or her religious beliefs or practices.
   (b) It is the intent of the Legislature, in enacting this section,
to ensure the establishment and maintenance of protocols and quality
of standards.
   (c) The department shall implement this section for infants in
neonatal intensive care units participating in the California
Children's Services Program.
   123980.  If the recipient of services provided by the California
Children's Services Program, his or her guardian, conservator,
personal representative, estate, or survivors, or any of them brings
an action against a third person who may be liable for the injury,
notice of institution of legal proceedings, notice of settlement, and
all other notices required by this code shall be given to the State
Director of Health Services in Sacramento and to the county-managed
California Children's Services Program.  The director may provide
notice to the Attorney General.  All of these notices shall be given
by the attorney retained to assert the beneficiary's claim, or by the
injured party beneficiary, his or her guardian, conservator,
personal representative, estate, or survivors, if no attorney is
retained.
   123982.  Except as otherwise provided by law, the amount of any
judgment, award, or settlement relating to a medical condition for
which treatment services have been provided under the California
Children's Services Program shall be subject to a claim by the state
department and the designated county agency for reimbursement of the
costs of the benefits provided, and to any lien filed against that
judgment, award, or settlement.  The department or the county
designated agency, through its civil legal adviser, may, to enforce
this right, institute and prosecute legal proceedings against the
person who has received benefits under this article, his or her
guardian, conservator, or other personal representative, or his or
her estate.   In the event of a judgment, award, or settlement in a
suit or claim against a third person who is liable for the medical
condition for which treatment services have been provided under the
California Children's Services Program, the court or other agency
shall first order paid from the judgment, award, or settlement the
actual costs of the care and treatment furnished, or to be furnished,
under the California Children's Services Program.
   123985.  (a) A bone marrow transplant for the treatment of cancer
shall be reimbursable under this article, when all of the following
conditions are met:
   (1) The bone marrow transplant is recommended by the recipient's
attending physician.
   (2) The bone marrow transplant is performed in a hospital that is
approved for participation in the California Children's Services
program.
   (3) The bone marrow transplant is a reasonable course of treatment
and is approved by the appropriate hospital medical policy
committee.
   (4) The bone marrow transplant has been deemed appropriate for the
recipient by the program's medical consultant.  The medical
consultant shall not disapprove the bone marrow transplant solely on
the basis that it is classified as experimental or investigational.
   (b) The program shall provide reimbursement for both donor and
recipient surgery.
                                                    (c) Any county
that has a population of not more than 600,000, as determined by the
most recent decennial census conducted by the United States Bureau of
the Census, shall be exempt from complying with the 25-percent
matching requirement provided for under this article, for any bone
marrow transplant reimbursable under this section.
   123990.  The department shall adopt regulations to implement the
amendments of this article in 1991.  The adoption of the regulations
shall be deemed to be an emergency, and necessary for the immediate
preservation of the public peace, health, safety, and general
welfare.
   123995.  (a) The department shall require all applicants to the
program who may be eligible for cash grant assistance or for Medi-Cal
benefits to apply for Medi-Cal.
   (b) This section shall not be interpreted to prohibit the coverage
of services in emergency cases.

      Article 6.  Child Health And Disability Prevention Program

   124025.  The Legislature finds and declares that many physical and
mental disabilities can be prevented, or their impact on an
individual lessened, when they are identified and treated before they
become chronic and irreversible damage occurs.  The Legislature
finds and declares that a community-based program of early
identification and referral for treatment of potential handicapping
conditions will be effective in reducing the incidence of the
conditions and will benefit the health and welfare of the citizens of
this state.
   It is the intent of the Legislature in enacting this article and
Section 120475 to establish child health and disability prevention
programs, that shall be financed and have standards established at
the state level and that shall be operated at the local level, for
the purpose of providing early and periodic assessments of the health
status of children.  It is further intended that child health and
disability prevention programs shall make maximum use of existing
health care resources and shall utilize, as the first source of
screening, the child's usual source of health care so that health
screening programs are fully integrated with existing health
services, that health care professionals be appropriately represented
and utilized in these programs, that outreach programs be developed
to stimulate the use of preventive health services, and that services
offered pursuant to this article be efficiently provided and be of
the highest quality.
   124030.  As used in this article and Section 120475:
   (a) "State board" means the State Maternal, Child, and Adolescent
Health Board.
   (b) "Department" means the department.
   (c) "Director" means the director.
   (d) "Governing body" means the county board of supervisors or
boards of supervisors in the case of counties acting jointly.
   (e) "Local board" means local maternal, child, and adolescent
health board.
   (f) "Local health jurisdiction" means county health department or
combined health department in the case of counties acting jointly or
city health department within the meaning of Section 101185.
   124035.  The department shall administer this article and Section
120475 and shall adopt minimum standards for the approval of
community child health and disability prevention programs and
regulations as necessary.  The standards shall allow necessary
flexibility in the administration of county programs, taking into
account the variability of county needs and resources.  However, the
standards, rules, and regulations may be adopted only with the advice
and written recommendations of the board.  Standards shall be
adopted for:
   (a) Education and experience requirements for directors of
community child health and disability prevention programs.
   (b) Health screening, evaluation, and diagnostic procedures for
child health and disability prevention programs.
   (c) Public and private facilities and providers that may
participate in community child health and disability prevention
programs.
   The department shall adopt a five-year state plan for child health
and disability prevention services by October 1, 1977.  The plan
shall include a method for allocating child health and disability
prevention funds to counties.  The plan shall be reviewed and revised
as necessary to provide a basis for allocating state child health
and disability prevention program funds throughout the state.
   Nothing in this section shall be construed as prohibiting programs
provided pursuant to this article from being conducted in public and
private school facilities; provided that, with respect to private
school facilities, no services provided thereon pursuant to this
article and financed by public funds shall result in any material
benefit to, or be conducted in a manner that furthers any educational
or other mission of, such a school or any person or entity
maintaining the school.
   124040.  The governing body of each county or counties shall
establish a community child health and disability prevention program
for the purpose of providing early and periodic assessments of the
health status of children in the county or counties by July 1, 1974.
However, this shall be the responsibility of the department for all
counties that contract with the state for health services.  Contract
counties, at the option of the board of supervisors, may provide
services pursuant to this article in the same manner as other county
programs, provided the option is exercised prior to the beginning of
each fiscal year.  Each plan shall include, but is not limited to,
the following requirements:
   (a) Outreach and educational services.
   (b) Agreements with public and private facilities and
practitioners to carry out the programs.
   (c) Health screening and evaluation services including, for all
children eligible for Medi-Cal, a physical examination, immunizations
appropriate for their age and health history, and laboratory
procedures appropriate for their age and population group.
   (d) Referral for diagnosis or treatment when needed, including,
for all children eligible for Medi-Cal, referral for treatment by a
provider participating in the Medi-Cal program of the conditions
detected, and methods for assuring referral is carried out.
   (e) Recordkeeping and program evaluations.
   The health screening and evaluation part of each community child
health and disability prevention program plan shall include, but is
not limited to, the following for each child:
   (a) A health and development history.
   (b) An assessment of physical growth.
   (c) An examination for obvious physical defects.
   (d) Ear, nose, mouth, and throat inspection, including inspection
of teeth and gums, and for all children three years of age and older
who are eligible for Medi-Cal, referral to a dentist participating in
the Medi-Cal program.
   (e) Screening tests for vision, hearing, anemia, tuberculosis,
diabetes, and urinary tract conditions.
   (f) An assessment of nutritional status.
   (g) An assessment of immunization status.
   (h) Where appropriate, testing for sickle cell trait, lead
poisoning, and other tests that may be necessary to the
identification of children with potential disabilities requiring
diagnosis and possibly treatment.
   (i) For all children eligible for Medi-Cal, necessary assistance
with scheduling appointments for services and with transportation.
   (j) The department shall report to the Legislature, by April 15,
1986, on all necessary steps to improve access to preventive dental
care for children eligible for Medi-Cal, such as streamlining
reimbursement procedures, increasing fees for specific preventive
dental procedures, or increasing fees in specific geographic areas.
   (k) Dentists receiving referrals of children eligible for Medi-Cal
under this section shall employ procedures to advise the child's
parent or parents of the need for and scheduling of annual
appointments.
   Standards for procedures to carry out health screening and
evaluation services and to establish the age at which particular
tests should be carried out shall be established by the director,
with review and recommendation by the board.  However, a governing
body may include additional health screening and evaluation
procedures in its program if approved by the director and the board.

   Each community child health and disability prevention program
shall, pursuant to standards set by the director, establish a record
system that contains a health case history for each child so that
costly and unnecessary repetition of screening, immunization and
referral will not occur and appropriate health treatment will be
facilitated as specified in Section 124085.
   124045.  A city that operates an independent health agency may
elect to provide the services described in this article with the
approval of the department.  In this instance, the powers granted a
governing body of a county shall be vested in the governing body of
the city.
   124050.  Each community child health and disability program shall
have a director meeting qualification standards by the department,
appointed by the governing body, except for counties contracting with
the state for health services.
   124055.  Any community child health and disability prevention
program may contract to furnish services to any other county if the
contract is approved by the director.
   124060.  (a) On or before September 15 of each year, each county
program director shall submit a budget update for the subsequent
fiscal year that provides the following information:
   (1) A summary of the previous year's activity, including the
number of children screened, the number of children referred for
diagnosis and treatment, by condition, and the cost of screening
services.
   (2) A summary description of the results of cases in that a
treatable disability was identified and referral made.
   (3) A projection and cost estimates of the number of children to
be screened for the fiscal year for which the budget is being
submitted.
   (b) The multiyear base community child health and disability
prevention plan shall include the following:
   (1) An assessment of the adequacy and availability of the
facilities and providers to provide health screening diagnostic and
treatment services.
   (2) A description of the child health and disability prevention
program to be offered, including expected participating providers and
outreach mechanisms to be utilized.
   (3) A summary description of the current year's activity,
including the number of children screened, the number of children
referred for diagnosis and treatment, by condition, and the cost of
screening services.
   (4) A description of how existing school health resources,
including school health personnel, are to be utilized for outreach
and other services.
   (5) Budget estimates, including all sources of revenue, for the
budget.
   (c) On or before September 15 of each year each governing board
shall submit an update to the multiyear base community child health
and disability prevention plan.
   The director shall determine the amount of state funds available
for each county for specified services under an approved multiyear
base community child health and disability prevention plan, as
updated, from state funds appropriated for child health and
disability prevention services.
   If the amount appropriated in the Budget Act for the fiscal year
as enacted into law differs from the amount in the budget submitted
by the Governor for the fiscal year, each governing board shall
submit an additional revised update in the form and at the time
specified by the department.
   Notwithstanding any other provision of this article, no new
community child health and disability prevention plan shall be
submitted by a county until September 15, 1983.  Each county plan and
budget approved for the 1981-82 fiscal year shall be updated on or
before September 15 by the governing body of each county for the
1982-83 and 1983-84 fiscal years pursuant to regulations adopted by
the department.  On or before September 15, 1983, the governing body
of each county shall prepare and submit to the department a multiyear
base plan and budget for the 1984-85 fiscal year that shall be
annually updated on or before September 15 of each subsequent year
pursuant to regulations adopted by the department.
   The department shall develop and implement the format and
procedures for the preparation and submission of a multiyear base
plan update in order for the counties to have sufficient time prior
to September 15, 1983, to prepare and submit their multiyear base
plan by September 15, 1983.
   For the purposes of simplifying and reducing plan requirements,
the Legislature intends that the annual update shall not duplicate
any of the material in the multiyear base plan, but serve as a
progress report both evaluating what has been accomplished over the
past year and describing in more detail what will be accomplished in
relation to each of the elements in the base plan during the coming
year.
   124065.  Counties shall be reimbursed for the amount required by
the county to carry out its community child health and disability
prevention program in accordance with the approved community child
health and disability prevention plan.  Claims for state
reimbursement shall be made in the manner as the director shall
provide.  Each claim for state reimbursement shall be payable from
the appropriation made for the fiscal year when the expenses upon
which the claim is based are incurred.
   There shall be no reimbursement for expenditures for the treatment
of disabilities identified as a result of the program or for capital
improvements or the purchase or construction of buildings, except
for the equipment items and remodeling expenses as may be allowed by
regulations adopted by the director.
   124070.  Counties shall be reimbursed for the amount required by
the county to carry out its community child health and disability
prevention program in accordance with the approved community child
health and disability prevention plan.  Claims for state
reimbursement shall be made in a manner as the director shall
provide.  Each claim for state reimbursement shall be payable from
the appropriation made for the fiscal year in which the expenses upon
which the claim is based are incurred.
   There shall be no reimbursement for expenditures for the treatment
of disabilities identified as a result of the program, except for
the costs of immunizations necessary to bring the child current in
his or her immunization status as provided for by regulations of the
department, or for capital improvements or the purchase or
construction of buildings, except for the equipment items and
remodeling expenses as may be allowed by regulations adopted by the
director.
   124075.  (a) In order to ensure the maximum utilization of the
California Medical Assistance Program and other potential
reimbursement sources, the department shall develop a schedule and
method of reimbursement at reasonable rates for services rendered
pursuant to this article.  The reimbursement schedule shall include
provision for well child examinations as well as for administrative
expenses incurred by providers pursuant to meeting this article.
Inquiry shall be made of all recipients of services under this
article as to their entitlement for third-party reimbursement for
medical services.  Where an entitlement exists it shall be billed.
Notwithstanding subdivision (c) of Section 14000 of the Welfare and
Institutions Code and Section 14005 of that code, the California
Medical Assistance Program shall be billed for services rendered
pursuant to this article for every Medi-Cal eligible beneficiary.
   (b) The department and counties shall maximize the use of federal
funds for carrying out this article, including using state or county
funds to match funds claimable under Title 19 of the Social Security
Act.  Services and administrative support costs claimable under
federal law shall include, but not be limited to, outreach, health
education, case management, resource development, and training at
state and local levels.  Any federal funds received shall augment and
not replace funds appropriated from the General Fund for carrying
out the purposes of this article.
   124080.  The department may contract with a private entity for the
performance of processing claims for state reimbursement, so long as
the cost of the contract is no more than 85 percent of the cost of
the service if performed in state service and there is compliance
with other applicable provisions of the Government Code including,
but not limited to, Sections 19130 to 19132, inclusive.
   124085.  On and after July 1, 1976, each child eligible for
services under this article shall, within 90 days after entrance into
the first grade, provide a certificate approved by the department to
the school where the child is to enroll documenting that within the
prior 18 months the child has received the appropriate health
screening and evaluation services specified in Section 124040.  A
waiver signed by the child's parents or guardian indicating that they
do not want or are unable to obtain the health screening and
evaluation services for their children shall be accepted by the
school in lieu of the certificate.  If the waiver indicates that the
parent or guardian was unable to obtain the services for the child,
then the reasons why should be included in the waiver.
   124090.  Any child between birth and 90 days after entrance into
the first grade and all persons under 21 years of age who are
eligible for the California Medical Assistance Program shall be
eligible for services from the child health and disabilities
prevention program in the county where they are a resident.  The
department, with review and recommendation by the board, shall adopt
regulations specifying age groups that shall be given certain types
of screening tests and recommendations for referral.
   The first source of referral shall be the child's usual source of
health care.  If referral is required and no regular source of health
care can be identified, the facility or provider providing health
screening and evaluation services shall provide a list of three
qualified sources of care, without prejudice for or against any
specific source.
   124095.  Each community child health and disability prevention
program shall provide the child or his or her parent or guardian with
a copy of the results of the health screening and evaluation, as
well as an explanation of the meaning of the results, and shall,
where the need indicates, refer the child for further diagnosis and
treatment.
   124100.  (a) In cooperation with the county child health and
disability prevention program, the governing body of every school
district or private school that has children enrolled in kindergarten
shall provide information to the parents or guardians of all
children enrolled in kindergarten of this article and Section 120475.
  Every school district or private school that has children enrolled
in the first grade shall report by January 15 of each year to the
county child health and disability prevention program, the
department, and the Department of Education the following
information:
   (1) The total number of children enrolled in first grade.
   (2) The number of children who have had a health screening
examination, as evidenced by the certificate required by Section
124085.
   (3) The number of children whose parents or guardian have given
written waiver pursuant to Section 124085 that they do not want their
child to receive a health screening examination.
   (b) Each county child health and disability prevention program
shall reimburse school districts for information provided pursuant to
this section.  The Superintendent of Public Instruction may withhold
state average daily attendance funds to any school district for any
child for whom a certification or parental waiver is not obtained.
   124105.  (a) This section shall be known and may be cited as the
"Hughes Children's Health Enforcement Act."
   (b) The Legislature recognizes the importance of health to
learning and to a successful academic career.  The Legislature also
recognizes the important role of schools in ensuring the health of
pupils through health education and the maintenance of minimal health
standards among the pupil population.  Therefore, it is the intent
of the Legislature that schools ensure that pupils receive a health
screening before the end of the first grade.
   (c) The department shall compile district information, using the
information reported pursuant to Section 124100, and report to the
Legislature the percentage levels of compliance with Section 124085
on an annual basis commencing January 1, 1994, utilizing data from
the prior school year.
   (d) The governing board of each school district shall exclude from
school, for not more than five days, any first grade pupil who has
not provided either a certificate or a waiver, as specified in
Section 124085, on or before the 90th day after the pupil's entrance
into the first grade.  The exclusion shall commence with the 91st
calendar day after the pupil's entrance into the first grade, unless
school is not in session that day, then the exclusion shall commence
on the next succeeding schoolday.  A child shall not be excluded
under this section if the pupil's parent or guardian provides to the
district either a certificate or a waiver as specified in Section
124085.
   (e) The governing board of a school district may exempt any pupil
from the exclusion described in subdivision (d) if, at least twice
between the first day and the 90th day after the pupil's entrance
into the first grade, the district has contacted the pupil's parent
or guardian and the parent or guardian refuses to provide either a
certificate or a waiver as specified in Section 124085.  The number
of exemptions from exclusion granted by a school district pursuant to
this subdivision may not exceed 5 percent of a school district's
first grade enrollment.  It is the intent of the Legislature that
exemptions from exclusion be used in extraordinary circumstances,
including, but not limited to, family situations of great dysfunction
or disruption, such as substance abuse by parents or guardians,
child abuse, or child neglect.
   (f) It is the intent of the Legislature that, upon a pupil's
enrollment in kindergarten or first grade, the governing board of the
school district notify the pupil's parent or guardian of the
obligation to comply with Section 124085 and of the availability for
low-income children of free health screening for up to 18 months
prior to entry into first grade through the Child Health Disabilities
Prevention Program.
   (g) It is the intent of the Legislature that school districts
provide information to parents regarding the requirements of Section
124085 within the notification of immunization requirements.
Moreover, the Legislature intends that the information sent to
parents encourage parents to obtain health screenings simultaneously
with immunizations.
   124110.  All information and results of the health screening and
evaluation of each child shall be confidential and shall not be
released without the informed consent of a parent or guardian of the
child.
   The results of the health screening and evaluation shall not be
released to any public or private agency, even with the consent of a
parent or guardian, unless accompanied by a professional
interpretation of what the results mean.

      Article 7.  Childhood Lead Poisoning Prevention Act

   124125.  The Legislature hereby finds and declares that childhood
lead exposure represents the most significant childhood environmental
health problem in the state today; that too little is known about
the prevalence, long-term health care costs, severity, and location
of these problems in California; that it is well known that the
environment is widely contaminated with lead; that excessive lead
exposure causes acute and chronic damage to a child's renal system,
red blood cells, and developing brain and nervous system; that at
least one in every 25 children in the nation has an elevated blood
lead level; and that the cost to society of neglecting this problem
may be enormous.
   The Legislature further finds and declares that knowledge about
where and to what extent harmful childhood lead exposures are
occurring in the state could lead to the prevention of these
exposures, and to the betterment of the health of California's future
citizens.  Therefore, it is the intent of the Legislature in
enacting this article to establish a state Childhood Lead Poisoning
Prevention Program within the department to accomplish all of the
following:
   (a) To compile information concerning the prevalence, causes, and
geographic occurrence of high childhood blood lead levels.
   (b) To identify and target areas of the state where childhood lead
exposures are especially significant.
   (c) To analyze information collected pursuant to this article and,
where indicated, design and implement a program of medical followup
and environmental abatement and followup that will reduce the
incidence of excessive childhood lead exposures in California.
   124130.  (a) All medical laboratories shall report to the
department each detected case of a blood lead level greater than 25
micrograms of lead per deciliter of human blood or the equivalent
standard as measured in micrograms of protoporphyr in per gram of
hemoglobin.  The blood lead findings, the names, ages, and addresses
of the patients involved in each detected case and any additional
information necessary to implement this article shall be reported to
the department in a manner prescribed by the director.
   (b) All information reported pursuant to this section shall be
confidential, as provided in Section 100330.
   (c) All medical laboratories testing for blood lead levels shall
participate in a blood lead and free erythrocyte protoporphyrin (FEP)
proficiency testing program.
   (d) Laboratories that fail to meet reporting requirements will be
assessed fines of up to five hundred dollars ($500) at the discretion
of the director.
   124135.  (a) By July 1, 1987, the department shall identify target
areas in which to conduct a childhood lead screening program.
   (b) The targeted areas shall include at least one area within the
urban San Francisco/Alameda County area, one area within, the urban
Los Angeles/Orange County/San Diego area, and one area within the
Central Valley Sacramento/Fresno area, and other areas if
scientifically indicated as determined by the director.
                                                     (c) These target
areas shall be described by census tract and shall be selected based
on the prevalence of the following factors:
   (1) Older housing.
   (2) Lead-emitting industry.
   (3) History of heavy automobile traffic.
   (4) Use or disposal of hazardous materials or waste.
   (5) Populations where cultural or ethnic factors or both may
result in a higher risk of ingestion of lead.
   (6) Population of children between the ages of 12 months and 6
years.
   124140.  By October 1, 1988, the department shall complete a
screening program for childhood lead in the targeted areas identified
pursuant to Section 124135, and in other areas where scientifically
indicated.  Further, where environmental abatement is found to be
indicated, the department shall carry out field trials of alternative
abatement technologies.
   124145.  On January 1, 1989, the department shall submit a report
to the relevant legislative policy committees, and to the relevant
legislative budget subcommittees for their review, describing the
results of the screening program, the significance of the results,
and the department's recommendations for further actions, where
indicated.
   124150.  The Legislature hereby finds and declares that the
activities conducted by the department pursuant to Sections 124130,
124135, and 124140 have confirmed and supported the findings
specified in Section 124125 and, in addition, have resulted in the
following findings:
   (a) Very few children are currently tested for elevated blood lead
levels in California.  The lead registry established pursuant to
Section 124130 has been effective at identifying incidents of
occupational lead poisoning; however, because childhood lead
screening is not now required in California, the registry is unable
to serve as the exclusive mechanism to identify children with
elevated blood lead levels.  Additional blood lead screening needs to
be done to identify children at high risk of lead poisoning.
   (b) Based on emerging information about the severe deleterious
affects of low levels of lead on children's health, the lead danger
level is expected to be lowered from 25 to 15 micrograms of lead per
deciliter of human blood.
   (c) Lead poisoning poses a serious health threat for significant
numbers of California children.  Based on lead registry reports and
targeted screening results, the department has estimated that tens of
thousands of California children may be suffering from blood lead
levels greater than the danger level.
   (d) The implications of lead exposure to children and pregnant
women from lead brought home on the clothing of workers is unknown,
but may be significant.
   (e) Levels of lead found in soil and paint around and on housing
constitute a health hazard to children living in the housing.  No
regulations currently exist to limit allowable levels of lead in
paint surfaces in California housing.
   124155.  (a) The department shall design and implement a screening
program for lead exposure of children not older than seven years old
in migrant labor camps where lead-based paint has been identified
pursuant to Section 50710.5.
   (b) The department may implement the screening program through the
local health departments utilizing the department's protocols.
Notwithstanding any other provision of law, the department may
contract with a nonprofit organization to assist in administration of
the program.  The contract shall not be subject to competitive
bidding requirements.
   124160.  The department shall continue to direct the Childhood
Lead Poisoning Prevention Program to implement a program to identify
and conduct medical followup of high-risk children, and to establish
procedures for environmental abatement and followup designed to
reduce the incidence of excessive childhood lead exposures in
California.  In implementing this program, the department shall
utilize its own studies, as well as relevant information from the
scientific literature and childhood lead poisoning programs from
outside California.  The particular activities specified in this
section shall be initiated by January 1, 1990, and completed on or
before January 1, 1993.  The program shall include at least all of
the following components:
   (a) Lead screening.  The department shall:
   (1) Design and implement at least one pilot blood lead screening
project targeting children at high risk of elevated blood lead
levels.  In designing any pilot projects, the department shall give
special consideration to conducting screening through the Child
Health Disability and Prevention Program.
   (2) Conduct a pilot screening project to evaluate blood lead
levels among children of workers exposed to lead in their
occupations.
   (3) Develop and issue health advisories urging health care
providers to conduct routine annual screening of high-risk children
between the ages of one and five years of age.
   (4) Study the options for, and feasibility of, implementing a
mandatory childhood blood lead testing program in California.  The
study shall include an evaluation of the voluntary response and
cooperation of health care providers to the health advisory program
specified in paragraph (3).  The results of this study shall be
submitted to the Legislature by July 1, 1991.
   (5) Develop a program to assist local health departments in
identifying and following up cases of elevated blood lead levels.
   (6) Develop and conduct programs to educate health care providers
regarding the magnitude and severity of, and the necessary responses
to, the childhood lead poisoning problem in California.
   (b) The department, in consultation with the Department of Housing
and Community Development, shall adopt regulations governing the
abatement of lead paint in and on housing, including, but not limited
to, standards for enforcement, testing, abatement, and disposal.
   (c) The department shall conduct a study to evaluate whether
abatement of lead in soil is effective at reducing blood lead levels
in children.
   124165.  After January 1, 1993, the department, through the
Childhood Lead Poisoning Prevention Program, shall continue to take
steps that it determines are necessary to reduce the incidence of
excessive childhood lead exposure in California.

      CHAPTER 4.  ADOLESCENT HEALTH
      Article 1.  California Adolescent Family Life Act of 1988

   124175.  The Legislature hereby finds and declares that:
   (a) Adolescent pregnancy and parenthood is a problem with
significant social, medical, educational, and economic consequences
to the teen parent and child, her family, and the State of
California.
   (b) In an attempt to address the problems of pregnant and
parenting adolescents, the Governor, in 1985, created the Adolescent
Family Life Demonstration Program, that was designed to bring
pregnant and parenting teenagers into programs that provide services
of demonstrated cost benefit and effectiveness by organizing networks
of local agencies focused on providing services to adolescents and
ensuring the most timely and effective utilization of services.
   (c) Independent evaluations indicate that the program has been
successful and effective in achieving its intended goals of providing
pregnant adolescents with prenatal care, reducing the incidence of
low birthweight babies born to adolescent mothers, keeping or
reenrolling pregnant and parenting adolescents in school, and
reducing the rate of repeat teen pregnancies.
   124180.  (a) The department may conduct the Adolescent Family Life
Program to assure that pregnant adolescents receive comprehensive
continuous prenatal care in order to deliver healthy babies; to
establish networks within regions to provide to pregnant and
parenting teens and their children necessary services including
medical care, psychological and nutritional counseling, maternity
counseling, adoption counseling, academic and vocational programs,
and day care; to provide a continuous case manager to each family
unit; and to maintain a data base to measure outcomes of adolescent
pregnancies.  Specific procedures to operate this program will be
defined and carried out through standards and guidelines established
by the department.
   (b) No grant funds may be used for essential services to pregnant
adolescents or schoolage parents unless the services are not
available in the county or are insufficient to meet the basic needs
of the population to be served; in that case, funds may be used for
essential services only as set forth in the approved grant
application.  No grant funds may be expended for abortions, abortion
referrals, or abortion counseling.
   124185.  (a) The department, through its program of maternal and
child health, shall award contract augmentations to four Adolescent
Family Life Programs that meet the requirements of this section and
develop plans for a comprehensive coordinated substance abuse
prevention, intervention, and counseling program, designed
specifically to meet the developmental, social, and educational needs
of high-risk pregnant or parenting adolescents.  The program shall,
to the extent practicable, feasible, and appropriate, leverage
existing programs and funding rather than creating new, duplicative
programs and services.
   (b) The department shall adopt guidelines and criteria setting
forth the terms and conditions upon which the department will offer
contract augmentations pursuant to this section.  The department also
shall disseminate information designed to publicize the availability
of contract augmentations for a comprehensive coordinated substance
abuse prevention, intervention, and counseling program to high-risk
pregnant or parenting adolescents.
   (c) The department shall encourage Adolescent Family Life Programs
with small caseloads to develop plans and submit applications that
reflect sharing of services among two or more programs.
   (d) At least one program that is awarded a contract augmentation
shall be located in northern California, at least one program shall
be located in central California, and at least one program shall be
located in southern California.
   (e) This section shall become operative on July 1, 1994.
   124190.  A comprehensive coordinated substance abuse prevention,
intervention, and counseling program, as used in Section 124185,
shall include, but not be limited to, programs that:
   (a) Have demonstrated a capacity for developing interagency
cooperative approaches to reduce the incidence of high-risk pregnant
or parenting adolescents.  This shall include documentation of
program development and plans for coordination and collaboration with
existing perinatal substance abuse programs in the county, including
state pilot projects on perinatal substance abuse established under
the direction of the Local Perinatal Substance Abuse Coordinating
Council.
   (b) Employ maximum utilization of existing available programs and
facilities.
   (c) Have developed goals and objectives for reducing the incidence
of high-risk pregnant and parenting adolescents.
   (d) Are culturally and linguistically appropriate to the
population being served.
   (e) Include staff development training by substance abuse
counselors.
   (f) This section shall become operative on July 1, 1994.
   124195.  The department shall require reports to be prepared by
all programs funded pursuant to this article.  A summary of the
reports and recommendations regarding the programs shall be submitted
by the department to the Legislature on or before December 31, 1996.
  The summary shall include all of the following:
   (a) An accounting of the incidence of high-risk pregnant or
parenting adolescents who are abusing alcohol or drugs, or a
combination of alcohol and drugs.
   (b) An accounting of the health outcomes of infants of high-risk
pregnant and parenting adolescents including:  infant morbidity,
mortality, rehospitalization, low birth weight, premature birth,
developmental delay, and other related areas.
   (c) An accounting of school enrollment among high-risk pregnant
and parenting adolescents.
   (d) An assessment of the effectiveness of the counseling services
in reducing the incidence of high-risk pregnant and parenting
adolescents who are abusing alcohol or drugs, or a combination of
alcohol and drugs.
   (e) The effectiveness of the component of other health programs
aimed at reducing substance use among pregnant and parenting
adolescents.
   (f) The need for an availability of substance abuse treatment
programs in the program areas that are appropriate, acceptable, and
accessible to teenagers.
   (g) This section shall become operative on July 1, 1994.
   124200.  Funding for the purpose of this article shall be provided
through funds appropriated to the department through the annual
Budget Act.

      Article 2.  Child and Adolescent Resource Program

   124225.  (a) The Legislature finds that recent responsibilities
for assessing and treating the mental disorders of children and
adolescents have been required of county mental health programs
creating an unmet need for personnel in the field of mental health
who have expertise in preventing, diagnosing, and treating the mental
and emotional disorders of children.
   (b) Recent attention to child abuse cases has increased the
awareness of the special needs of children who are victims of abuse
and of those who are then called to the courtroom as witnesses.
Mental health personnel with special training are also needed for
these children.
   124230.  It is the purpose of the Legislature, in enacting this
article, to encourage the Regents of the University of California to
augment the academic child and adolescent programs at the medical
schools of the University of California.  The programs shall include,
but not be limited to, one or more of the following elements:
   (a) Clinical or postgraduate educational programs in child and
adolescent psychiatry to instruct and train students in recognizing
and treating children with mental and emotional problems, both
organic and functional.
   (b) Provision of continuing education for specialists in the care
and treatment of children and adolescents with mental and emotional
problems.
   (c) Research into the causes, prevention, and treatment of mental
disorders of children.
   124235.  By February 1, 1987, the Regents of the University of
California are requested to submit to the Legislature a report on
their assessment of the need for, and relative priority of, increased
university programs for training specialists in the care and
treatment of children and adolescents with mental and emotional
problems in this state.  It is requested that the report include, but
not be limited to, all of the following:
   (a) A description of the university's programs for the training of
specialists in the care and treatment of children and adolescents
with mental and emotional problems.
   (b) A determination of the need for and relative priority of
increased university training and research in this field.
   (c) The estimated costs of programs to train additional
specialists.

      CHAPTER 5.  DENTAL DISEASE (RESERVED)
      PART 3.  FAMILY PLANNING

   124300.  Within any county where 10 percent or more of the
population, as determined by the Population Research Unit of the
Department of Finance, speaks any one language other than English as
its native language, every local health department shall make copies
of circulars and pamphlets relating to family planning that are made
available to the public also available in the other language.
   The department, upon request, shall make a translation available
in other than English those family planning informational materials
normally distributed to the general public.

      PART 4.  PRIMARY HEALTH CARE
      CHAPTER 1.  GENERAL PROVISIONS

   124400.  (a) The Legislature makes the following findings and
declarations:
   (1) There is a maldistribution of health services in California
resulting in underserved rural and urban areas and underserved
population groups.
   (2) Most rural areas of the state do not have adequate health
services because there are insufficient personnel and facilities to
provide the services.  The lack of adequate services has a negative
impact on the health and safety of the public.
   (3) In many urban areas of the state there are inadequate health
services for low-income populations.  Financial barriers create
access problems.  These barriers to health services have a negative
impact on the health and safety of these groups and the public.
   (4) Population groups, such as American Indians and seasonal
agricultural and migratory workers, lack access to adequate and
appropriate health services.  The lack of adequate services has a
negative impact on the health and safety of these groups and the
public.
   (5) State assistance will be needed to assure financial stability
of primary care resources for these specified population groups.
   (b) It is therefore the intent of the Legislature that the state
develop an overall strategy to ensure the maintenance of adequate
primary health care resources for special population groups.
   124405.  (a) The department shall develop a statewide plan for
health services for special population groups identified pursuant to
subdivision (b) of Section 124425 by January 1, 1985, and shall
evaluate and update the plan every two years.  The plan shall
include, but not be limited to, an assessment of resources, an
assessment of unmet needs, an evaluation of prior years program goals
and objectives, and a two-year action plan for at least the
following program areas:
   (1) Health of seasonal agricultural and migratory workers and
their families.
   (2) American Indian health services.
   (3) Rural health services.
   (4) California health services corps.
   (5) Grants-in-aid to clinics.
   (b) The plan shall describe the types, locations, and
effectiveness of the programs specified in paragraphs (1) to (5),
inclusive, and contain an assessment of resources needed to maintain
the plan consistent with the Primary Care Services Act (Section 27).

   (c) The plan may be a consolidation of individual program reports
due to the Legislature during the year the plan is updated.  The plan
may also be integrated with other plans the department is required
to develop concerning maternal and child health programs and services
for special population groups.
   (d) The statewide plan shall be initially developed in
consultation with the Primary Care Clinics Advisory Committee and the
California Conference of Local Health Officers and biannually
updated as provided in this section in consultation with individuals
and groups representing special populations and areas, with local
governments, and with the office.
   124410.  Notwithstanding any other provision of law, the
department may, if requested by the nonprofit or public agency and to
the extent funds are available, provide for advance payments for
services to be performed under any agreement entered into pursuant to
the Primary Care Services Act (Section 27) and that is otherwise in
compliance with the requirements contained in Section 100350.
Individual advance payments made to any nonprofit or public agency
that requests those payments shall be made in a timely fashion and
shall not exceed 25 percent of the total amount of the grant award.

   124415.  Notwithstanding any other provision of law, the
department may, in addition to the advance payment under Section
124410, provide for prospective payments for services to be performed
under any agreement entered into pursuant to the Primary Care
Services Act (Section 27).  These prospective payments may be
provided each month to a contracting agency on one of the following
bases:
   (a) One-twelfth of the total funding award each month.
   (b) One-twelfth of 75 percent of the funding award, if a 25
percent advance payment is also provided.
   Prospective payments may be made to those nonprofit or public
agencies that request prospective payments and may be adjusted if
necessary during the project period after the submission and review
of required program reports.
   124420.  Each agreement for a project shall require the
contracting agency to seek third-party reimbursements, including
Medi-Cal and private insurance, for any person served under the
agreement and shall require that the reimbursements be used for
purposes consistent with the Primary Care Services Act (Section 27).
Each agreement may require the contracting agency to provide reports
to the department on reimbursements.
   124425.  (a) It is the intent of the Legislature that funds
authorized by the Primary Care Services Act (Section 27) be provided
to organizations and agencies that are located in underserved areas
or that are serving population groups identified pursuant to
subdivision (b).
   (b) Every two years the director shall develop a list of
underserved rural and urban areas and underserved population groups.
The director shall take into consideration the list of urban and
rural areas designated as medically underserved by the California
Health Manpower Policy Commission and by the office and federal
medically underserved areas and population groups designated by
federal agencies.
   (c) The director shall develop the list of underserved rural and
urban areas and underserved population groups, set forth in
subdivision (b), after consulting and receiving written
recommendations from the Primary Care Clinics Advisory Committee and
after consulting with appropriate groups and individuals, including
individuals representing underserved populations and local
government.
   124430.  (a) It is the intent of the Legislature that programs in
the Primary Care Services Act (Section 27) be funded annually through
the budgetary process.
   (b) In administering funds pursuant to the Primary Care Services
Act (Section 27), the department shall use the funds only for the
purpose of funding grants specifically authorized by that act.
   (c) No local assistance funds may be used for state administration
purposes under the Primary Care Services Act (Section 27).
   124435.  An applicant for funds pursuant to the Primary Care
Services Act (Section 27) shall transmit a copy of an application to
any person who makes a written request therefor at the same time that
the application is transmitted to the state.
   124440.  The department may enter into agreements with any clinic
that is licensed under subdivision (a) of Section 1204 or exempt from
licensure under subdivision (c) of Section 1206, and which requests
the agreements, for up to three consecutive years.
   The contracts shall be limited to the provision of health services
to persons authorized to receive health services under the programs
specified in the Primary Care Services Act (Section 27).
   The department shall retain the right to terminate contracts under
the general provisions of the contract language prior to the three
years for failure to comply with the performance terms and conditions
set forth in the contracts.
   The multiple-year contracts shall be modified to reflect any
cost-of-living adjustments that are provided to the programs
specified in this section, provided the cost-of-living adjustments
are granted pursuant to the Budget Act.  The contracts may also be
amended to reflect changes in the base budget amount, scope of work,
and other contract language changes as necessary.  Nothing shall
prohibit the department from establishing a three-year budget and
annually amending the contract to change the budget amount, scope of
work, and other contract language changes as necessary.  Nothing
shall prohibit the contract from being modified based on the mutual
consent of the contractor and the department.  Advance payments in
the original contract and in each one-year extension are permitted,
but shall not exceed 25 percent of the funds provided for each fiscal
year.
   On or before January 1, 1990, the department at any time shall
report to the Legislative Analyst as to the personnel-year and
General Fund savings that have been associated with this authority.


      CHAPTER 2.  PRIMARY CLINIC REVOLVING FUND
      Article 1.  General Provisions

   124475.  The Legislature finds and declares all of the following:

   (a) Clinics are valuable partners in the state's efforts to
improve access to health services.
   (b) Clinics have an established record of providing quality health
services to medically uninsured persons at a reasonable cost.
   (c) Clinics are experienced in serving the culturally diverse
populations of this state and have developed comprehensive health
services packages that meet special population needs.
   (d) Clinics are major partners with all levels of government as
contractors and grantees in programs that serve the poor, low income,
minorities, and other target populations with special needs in both
urban and rural areas of California.
   (e) The state's grant and contract approval process are so
complicated and time consuming that clinics are faced annually with
severe cash-flow problems.
   (f) The length of time required for the state to process and
execute payment of claims submitted by clinics, creates severe
cash-flow problems for the clinics.
   (g) Clinics often have no choice but to borrow funds to cover
operations pending receipt of state funds and the resulting interest
payments reduce the amount of funds available for direct services to
the needy population.
   (h) Therefore, it is the intent of the Legislature that
preliminary advance payment authority be established for the
department in order to alleviate clinics' cash-flow problems to the
extent possible.
   (i) It is the intent of the Legislature that a clinic revolving
fund be established within the department to expedite the payment
process and thereby alleviate the cash-flow problems of clinics.
   124480.  As used in this chapter, "clinic" means a primary care
clinic as defined in Section 1200.
   124485.  (a) The department shall prepare and transmit to the
Legislature a report of the department's activities relating to the
utilization of clinics to provide comprehensive health services
pursuant to the following programs:
   (1) Health of seasonal agricultural and migratory workers and
their families program.
   (2) American Indian health services program.
   (3) Rural health services program.
   (4) Grants-in-aid to clinic program.
   (5) California health services corps program.
   (b) A report shall be transmitted to the Legislature by July 1,
1992, and by July 1 of every fourth year thereafter.
                         (c) The report shall also include any grant
funds expended and the resources allocated to the programs by the
department, including staff, travel, and support services.
   (d) The report shall reflect activities, resources, and
expenditures by fiscal year.

      Article 2.  The Clinic Revolving Fund

   124500.  The Clinic Revolving Fund of the department is hereby
established for the purpose of expediting preliminary advance
payments as authorized pursuant to Article 3 (commencing with Section
124525) and to reimburse clinics that are grantees or contractors
for services rendered under grants or contracts issued pursuant to
this part.
   124505.  (a) Notwithstanding Section 16400 of the Government Code
or any other provision of law, the department may, to the extent
local assistance appropriations are made by the Legislature for
programs set forth in this part, without at the time furnishing
vouchers or itemized statements, draw up to 50 percent of the funds
appropriated for the purposes of the Clinic Revolving Fund, for
purposes of preliminary advance payments pursuant to Article 3
(commencing with Section 124525).
   (b) The purpose of the Clinic Revolving Fund does not include
expenses related to departmental administrative expenses,
departmental travel expenses, departmental travel expense advances,
or other departmental administrative costs.
   124510.  In lieu of actually withdrawing revolving fund moneys
from the State Treasury, the Controller, upon the request of the
department, shall apply and credit the amount of the Clinic Revolving
Fund, or any portion thereof, as repayment and return of any
existing funds in the revolving fund to the appropriation for which
it was drawn by the department.
   124515.  The department shall remain fully accountable for the
Clinic Revolving Fund.  All disbursements shall be substantiated by
vouchers filed with the Controller.  Disbursements may be reported,
substantiated by vouchers, from time to time to the Controller in
connection with claims for reimbursements of the revolving fund.  At
any time, upon the demand of the Department of Finance or the
Controller, the revolving fund shall be accounted for and
substantiated by vouchers and itemized statements submitted to the
Controller.

      Article 3.  Preliminary Advance Payments

   124525.  Notwithstanding any provision of law to the contrary, the
department may, to the extent funds are available, provide for
advance payments for services to be performed under pending grant
agreements or contracts with clinics pursuant to the Primary Care
Services Act (Section 27), at the time that the notice of award is
issued if all of the following conditions are met:
   (a) The request for application or the request for proposals
contains the terms and conditions under which advance payment may be
received pursuant to this section.
   (b) That the total amount of the advance shall not exceed 25
percent of the amount of the proposed award, including any advance
payments provided under authority of any other provision of law.
   (c) That the terms and conditions of the request for application
or the request for proposal, specifies that the grantee shall repay
the full amount of the advance if the grant or the contract is not
finally approved.
   (d) That the department has evaluated the financial stability of
the clinic and found it to be reasonably financially sound.
   (e) That advance payments be made only to those nonprofit agencies
that request an advance in writing.
   (f) That the application or proposal contains the terms and
conditions set forth in the request for application or the request
for proposal.
   (g) That the application or proposal is signed by an authorized
person representing the clinic.

      CHAPTER 3. HEALTH OF SEASONAL AGRICULTURAL AND MIGRATORY
WORKERS

   124550.  The department shall maintain a program for seasonal
agricultural and migratory workers and their families, consisting of
all of the following:
   (a) Studies of the health and health services for seasonal
agricultural and migratory workers and their families throughout the
state.
   (b) Technical and financial assistance to local agencies concerned
with the health of seasonal agricultural and migratory workers and
their families.
   (c) Coordination with similar programs of the federal government,
other states, and voluntary agencies.
   124555.  The department shall contract and cooperate with local
governmental agencies and voluntary nonprofit organizations in
connection with the development of local health programs for seasonal
agricultural and migratory workers and their families.

      CHAPTER 4.  AMERICAN INDIAN HEALTH SERVICES

   124575.  The department shall maintain a program for American
Indians and their families, consisting of all of the following:
   (a) Studies of the health and health services available to
American Indians and their families throughout the state.
   (b) Technical and financial assistance to local agencies concerned
with the health of American Indians and their families.
   (c) Coordination with similar programs of the federal government,
other states, and voluntary agencies.
   124580.  The department shall cooperate with local governmental
agencies and contract with voluntary nonprofit organizations in
connection with the development of local health programs for American
Indians and their families.
   124585.  (a) All moneys appropriated to the department for the
purposes of this chapter shall be used to provide financial,
training, and technical assistance to urban and rural American Indian
health programs and to assist these programs in planning,
implementing, and upgrading programs to attain a comprehensive health
services delivery system for American Indians in urban and rural
areas.
   (b) The department shall provide technical assistance and shall
promote the provision of services for preventive health care, health
education, and environmental health.
   (c) The department may expend funds, appropriated to it to carry
out the purposes of this chapter, by contract or grant, or any
combination thereof, to assist any urban or rural American Indian
health program.
   (d) The department shall adopt regulations establishing criteria
for reimbursement for direct services under this chapter, that shall
include, but not be limited to, a definition of direct services that
are reimbursable and a formula for allocation of funds appropriated
to the department.
   (e) The department shall provide assistance to American Indian
health services programs in maximizing utilization of third party
payment systems and in developing programs in health education,
nutrition, and family planning, if the assistance is not being
provided by agencies of the federal government.
   (f) Funds appropriated to carry out the purposes of this chapter
shall be supplemental to those available from the federal government
and shall not duplicate, and they shall not replace, any commitments
made by the federal government to provide health services to American
Indians and their families in this state who receive health services
pursuant to an urban or rural American Indian health program.
   (g) It is the intent of the Legislature that the program
established by this chapter shall, commencing with the 1984-85 fiscal
year, be funded according to customary budget procedures.
   124590.  The Legislature finds and declares that the health status
of many American Indians in California is not adequate.
   It is, therefore, the intent of the Legislature to insure that in
addition to funding provided pursuant to the American Indian Health
Service program, sufficient funding is provided to American Indians
from other programs in order to substantially improve their access to
health services.  These programs include, but are not limited to,
the following:
   (a) Rural health services.
   (b) Mental health services.
   (c) Developmental disability programs.
   (d) Maternal and child health programs.
   (e) Alcoholism programs.
   (f) Programs for the aging.
   (g) Environmental health programs.
   The department shall report to the Legislature by July 1, 1984,
and every two years thereafter, with respect to the extent to that
funding for these programs is allocated to grantees receiving funding
from the department pursuant to Section 124585.
   124595.  (a) The Indian Health Policy Panel, established by the
director pursuant to Section 1520 of Title 17 of the California
Administrative Code, is continued in existence and shall be renamed
the American Indian Health Policy Panel.  The policy panel shall
advise the department on the level of resources, priorities,
criteria, and guidelines necessary to implement this chapter.  The
policy panel shall be composed of 10 members, appointed by the
director.  Four members shall be appointed from a list of persons
submitted by the California Rural Indian Health Board, four members
shall be appointed from a list of persons submitted by the California
Urban Indian Health Council, and two members shall represent the
public.  The persons appointed by the director to represent the
public may be consumers, consumer advocates, health service
providers, representatives of state or county health agencies, health
professionals, or private citizens.  The terms of the members shall
be established pursuant to bylaws adopted by the policy panel.
   (b) The director may also seek advice from individuals and groups,
other than the policy panel, on program issues.
   (c) Those persons who are members of the policy panel on December
31, 1983, shall continue to be members for the remainder of their
terms and, upon expiration of their terms, shall be eligible for
reappointment by the director.

      CHAPTER 5.  RURAL HEALTH SERVICES DEVELOPMENT
      Article 1.  Legislative Intent and General Provisions

   124600.  The Legislature makes the following findings and
declarations:
   (a) There is a maldistribution of health services in California.
Most rural areas of the state do not have adequate health services
because there are insufficient health personnel and facilities and
inadequate transportation to such services.
   (b) The lack of health services in rural areas has a negative
impact on the health and safety of the public.
   (c) Existing public programs to meet the problem of inadequate
health services in rural areas are not sufficient in scope or
properly coordinated to significantly improve the availability of
health services.
   (d) It is unlikely that the situation will improve without
substantial state and local action.
   It is, therefore, the intent of the Legislature in enacting this
chapter to establish a program of rural health services in the
department.  The purpose of the program is to improve the
coordination of rural health services and to increase the amount and
availability of the services.
   The Legislature intends that the program consist of all the
following:
   (1) The California Health Services Corps in which health personnel
are assigned to health care delivery organizations.
   (2) Health services development projects, in which new health care
delivery organizations are established.
   (3) An organizational unit within the department to coordinate
rural health programs.
   124605.  The department shall implement a program to remedy
deficiencies in health services in rural areas.  The department shall
have responsibility for the following elements:
   (a) California Health Services Corps.
   (b) California Rural Health Services Development Projects.
   (c) Coordination of Rural Health Programs.
   124610.  The director shall administer this chapter and shall
adopt any regulations and standards as are necessary to implement
this chapter.
   124615.  No services provided under this chapter shall substitute
for current services and obligations of a county including those
required by state law.
   124620.  Funds expended pursuant to this chapter shall be
supplemental to those made available by the federal government for
the National Health Services Corps and shall not duplicate, or
replace, but may supplement and complement, any commitments made by
the federal government to provide health personnel as needed.
   124625.  (a) It is the intent of the Legislature that the Rural
Health Services Development Program be funded annually through the
budgetary process.
   (b) Notwithstanding any other provision of law, the department
may, to the extent funds are available, provide for advance payments
for services to be performed under any contract entered into pursuant
to this chapter with any small community based public or private
nonprofit agency with modest reserves and potential cash flow
problems, where the department determines that such advance payments
will further the purposes of this chapter.  Advance payments shall
not be made more than once a year.

      Article 2.  California Health Services Corps

   124650.  The director shall establish in the department, a
California Health Services Corps.  The purpose of the corps is to
make available health personnel to rural areas that are presently
receiving inadequate health services.  The corps shall consist of
physicians and surgeons, podiatrists, dentists, vision care
providers, and other health professionals, such as nurse
practitioners, physician assistants, nurses, dental hygienists,
dental assistants, health educators, nutritionists, dietitians,
health and nutrition aides, and other personnel as the director finds
necessary to meet the purposes of the program.
   124655.  Members of the California Health Services Corps may be
assigned to the following categories of health services programs:
   (a) Any nonprofit primary care clinic or licensed health facility.

   (b) Any health provider or group provider.
   (c) Any county health program or facility.
   (d) Any state health program or facility.
   (e) Any federal health program.
   Assignments may be made to a health provider or facility, to a
health services development project established pursuant to Article 3
(commencing with Section 124700), or directly to an area in
California where health services are inadequate.
   124660.  Assignments shall be made in accordance with the
following:
   (a) The authority of any person to supervise any member of the
corps shall be subject to approval by the director.
   (b) No member of the corps shall be placed in an assignment
without the prior agreement of the person or governing board in
charge of the health delivery program to which the corps member is
assigned.
   (c) Corps members directly assigned to rural areas or to
state-operated projects shall be contract employees of the California
Health Services Corps.  Corps members assigned to projects with a
nonstate provider or facility may be employees of the provider or
facility if specified by contract between the state and the provider
or facility.  The state shall provide malpractice insurance coverage
for all corps personnel.
   (d) Local consumers shall be consulted in the placement of
California Health Services Corps members.
   (e) In making the assignment of a corps member, the director shall
seek to match the characteristics and preferences of the member with
those of the area, population group, or medical facility where the
member may be assigned to the maximum extent possible in order to
increase the probability of the member remaining to serve the area,
population group, or medical facility upon completion of his or her
assignment period.
   124665.  The director shall, by regulation, specify the salary
schedules, other terms and conditions of employment, and
reimbursement policies with respect to the employment of corps
members that shall be followed by institutions, providers, or
programs where a member of the California Health Services Corps is
assigned.
   124670.  Funds expended pursuant to this article may be used for
any of the following purposes:
   (a) Expenses of the department in administering the program.
   (b) Salaries and employee benefits for members of the California
Health Services Corps.
   (c) Supplies, equipment, minor capital outlay, and minor
renovations.
   124675.  Assignments shall be made by the department without
regard to ability of residents in areas to pay.
   Any provider or facility where a California Health Services Corps
member is assigned, and any corps member, shall be required to seek
third party reimbursements, including Medi-Cal and private insurance,
for any person served by the corps member.  Any such corps member,
provider, or facility may be required to provide reports to the
department concerning reimbursements and may be required to
contribute all or part of the proceeds of reimbursements to the
department for deposit in the State Treasury in accordance with
regulations or contracts adopted by the department after regulations
have been approved by the Director of Finance.
   124680.  No corps member may refuse needed service to any person
because of inability to pay for such service, or refuse service to
persons on account of their entitlement to medical benefits under
Title XVIII or XIX of the United States Social Security Act.
   124685.  The director may, upon request, provide technical
assistance to groups preparing applications for assignment of corps
personnel.

      Article 3.  Health Services and Development Projects

   124700.  The department shall plan and put into operation a number
of health services development projects.  The purpose of the
projects shall be to demonstrate effective ways of providing health
care services in underserved rural health areas.  The director shall
make the final decision on approval of a project.
   124705.  Applications may be made for funds for health services
development projects and the projects may be initiated and operated
by any agency, including, but not limited to, the following:
   (a) A community agency, including a National Health Services Corps
site.
   (b) An ongoing rural health program, including migrant health or
American Indian health program.
   (c) A family practice education program.
   (d) A county health department.
   (e) The department.
   (f) Any health facility or licensed nonprofit primary care clinic.

   124710.  Projects may be in the form of grants or loans provided
under contract between the department and the contracting nonprofit
agency, or may be administered directly by the department.
   124715.  The department may assist community agencies to develop
contract proposals.
   124720.  Project proposals shall be considered that address the
health needs of rural populations, including, but not limited to,
migratory and other agricultural workers, American Indians, and
senior citizens, who have insufficient access to adequate levels of
health care services due to geographical isolation or economic
factors.
   Projects that are approved shall accomplish one or more of the
following:
   (a) Provide primary health care, including preventive health
services and diagnostic, treatment, referral, and followup services.

   (b) Provide comprehensive health care, including specialized
physician services, inpatient and outpatient facilities, laboratory
and X-ray services, home health services, and other specialized
services.
   (c) Provide emergency medical services designed to meet the
special problems of rural isolation.
   (d) Provide transportation appropriate to achieving the goal of
making health care services available to residents of rural areas.
   (e) Provide electronic communication technology to improve health
care delivery and emergency health services in the designated rural
areas.
   (f) Establish regional health systems, including linkage with both
rural and urban health programs and facilities.
   (g) Improve the quality of medical care and the administrative
capabilities of agencies and management systems in rural areas.
   (h) Provide health education programs in the designated rural
areas, including health and nutrition education, and continuing
education for health professionals.
   (i) Promote nurse practitioner and physician assistants programs
and other programs for training and placement of health professionals
in the designated areas to respond to rural manpower shortages.
   124725.  Project funding shall be for one year.  Continuation of
funding for a project shall depend on progress toward achieving the
goals of the project.  The director shall make the final decision to
continue or discontinue a project.  In evaluating the success of a
project, the director shall take into account the number of
additional persons who are receiving quality health care as a result
of the operation of the project and the improvement in health status
of the population served by the project.
   124730.  Each applicant shall form an advisory committee for the
project.  The advisory committee shall participate in all of the
following:
   (a) Planning the project.
   (b) Reviewing the progress of the project.
   (c) Proposing changes in the project.
   (d) Planning for the continuation of the project after the grant
period through self-sufficiency.
   At least one-half of the members of the advisory committee shall
be consumers, as defined by Public Law 93-641.  The advisory
committee shall include, where feasible, representatives of the
health service agencies, the Seasonal Agricultural and Migratory
Workers Advisory Committee, the American Indian Health Policy Panel,
consumers selected from rural target populations, such as American
Indians, senior citizens, Medi-Cal recipients, isolated rural
residents, and agricultural and forestry workers, providers from
rural areas, and persons with knowledge of rural areas from
educational institutions, and state, county, and federal agencies.
   124735.  Each contract for a project shall require the contracting
agency to seek third-party reimbursements, including Medi-Cal and
private insurance, for any person served under the contract.  Each
contract shall require the contracting agency to provide reports to
the department on reimbursements and may require the contracting
agencies to contribute all or part of the proceeds of reimbursements
to the department for deposit in the State Treasury in accordance
with regulations to be adopted by the department after the
regulations are approved by the Director of Finance.
   124740.  State-operated projects shall be established only in
accordance with all of the following:
   (a) The health of the population in a rural area would be
substantially improved by the establishment of a project.
   (b) There exists no local public or nonprofit agency willing and
able to undertake the project.
   (c) The project contains two or more of the elements specified in
Section 124720.
   A project may employ staff, and may purchase, rent, or lease
supplies and equipment where required.  A project may also rent or
lease land and buildings where required.

      Article 4.  Coordination of Rural Health Programs

   124750.  The director shall ensure the coordination of state
efforts in rural health in order to maximize effective use of scarce
medical resources and to coordinate efforts to provide health
services through the California Health Services Corps and health
services development projects with existing program resources,
including, but not limited to, migrant health programs, American
Indian health programs, contract county health services programs, the
National Health Service Corps, and other related programs
administered by the department to ensure minimal duplication and
maximum effectiveness.
   124760.  The Health Manpower Policy Commission shall establish a
plan that integrates family practice residencies and other health
sciences education programs established in rural areas pursuant to
Article 8 (commencing with Section 31910) of Chapter 5 of Division 5
of Division 22 of the Education Code with the health services
provided pursuant to Article 3 (commencing with Section 124700).
   124765.  The Health Manpower Policy Commission, in coordination
with the Rural Health Section of the department, shall designate the
geographical rural areas within California where unmet priority need
for medical services exists.
   124770.  The director shall utilize the authority to establish
health manpower pilot projects pursuant to Article 1 (commencing with
Section 128125) of Chapter 3 of Part 3 of Division 107 to develop
personnel with special health and medical skills that may effectively
advance the objectives of the Primary Care Services Act (Section
27).
   124775.  Each proposal for health corps personnel or project
application under Article 3 (commencing with Section 124700) shall be
submitted to the appropriate county health officer or district
health officer for review and recommendation.  The review and
recommendation shall be completed within 30 days of receipt.  Any
recommendations made shall be based upon the Health Systems Plan and
Annual Implementation Plan as required for that area by Public Law
93-641.
   124780.  If the director decides to act contrary to the
recommendation of a county or district health officer made pursuant
to Section 124775, the director shall explain his or her action in
writing to the appropriate board of supervisors.
   124785.  Nothing in the Primary Care Services Act (Section 27)
shall affect the operation of local public health services contracted
for by the department with other agencies pursuant to former Section
1157.

      CHAPTER 6.  SMALL AND RURAL HOSPITALS

   124800.  The Legislature finds and declares all of the following:

   (a) Rural hospitals serve as the "hub of health," and through that
role attract and retain in their communities physicians, nurses, and
other primary care providers.  Because of economies of scale
compounded by reimbursement reforms, many rural hospitals will close
before the end of this decade.  This will result in the departure of
primary care providers and the loss of emergency medical services
both to residents and persons traveling through the area.  The
smallest and most remote facilities are at highest risk.
   (b) The rural hospital is often one of the largest employers in
the community.  The closure of such a hospital means the loss of a
source of employment.  This has an economic impact beyond the health
sector.  Further, economic development of a rural area is, in part,
tied to the existence of a hospital.  People, for example, tend not
to retire to areas where there is not reasonable access to physician
and hospital-based services.
               (c) Rural hospitals, especially the smaller
facilities, lack access to the sophisticated expertise necessary to
deal with current reimbursement regulations and the associated
bureaucracy.
   (d) Most rural hospitals are unable to participate in programs
that provide access to short- and long-term financing due to lender
requirements for credit enhancement.
   (e) Because of economies of scale compounded by regulations under
Title 22 of the California Code of Regulations and other regulations,
rural hospitals have high, fixed costs that, in the present
reimbursement environment, cannot be offset by revenues generated
from serving a relatively small population base.  Further, in an
economically depressed rural area, community contributions are not
sufficient to offset deficits.
   (f) Rural hospitals are an important link in the Medi-Cal program,
and without special consideration that takes into account their
unique circumstances, rural hospitals will be unable to continue
providing services to Medi-Cal patients.  This is especially true for
outpatient services that are reimbursed at less than 60 percent of
costs.
   (g) While only a very small percentage of the Medi-Cal budget for
inpatient and outpatient services is spent for services rendered by
rural hospitals, their participation is essential to preserve the
integrity of the entire Medi-Cal program.
   124805.  (a) The Legislature recognizes the need to strengthen,
and in some cases salvage, rural hospitals to ensure that adequate
access to services is provided to residents of rural areas as well as
tourists and travelers who, at certain times, may outnumber the
residents.  Further, the Legislature recognizes that this will
require a comprehensive approach.  Therefore, the Legislature intends
that:
   (1) Expertise be provided to endangered rural hospitals to both of
the following:
   (A) Carry out a strategic assessment of potential business and
diversification of service opportunities.
   (B) Develop a specific plan of action when feasible.
   (2) Access, when appropriate, be provided to special eligibility
programs within the California Health Facilities Financing Authority.

   (3) Short-term technical assistance be available on fiscal and
program matters.
   (4) The department continue to provide regulatory relief through
program flexibility.
   (5) Inpatient reimbursement limitations be modified so as not to
single out rural hospitals for application.
   (6) Reimbursement rates for outpatient services be set at a level
that will provide incentives for rural hospitals to focus on the
provision of outpatient services and that will reduce the financial
losses incurred by the facilities in providing those services.
   (b) The Legislature recognizes that for certain rural settings, an
acute care hospital as defined in subdivision (a) of Section 1250
may no longer be cost-effective.  Therefore, a rural alternative
model that preserves the primary and emergency care systems must be
identified, studied through demonstration projects, and developed as
a new category of health facility.
   (c) The Legislature recognizes that a rural alternative facility
may not conform to what is now depicted in state or federal
regulation.  Therefore, to identify a model, implement demonstration
projects, and establish the rural alternative hospital as a license
category of health facility, a cooperative effort will be required
between the department, the federal Health Care Financing
Administration, and the health care industry.  To this end, the
Legislature intends that the department inform the federal Health
Care Financing Administration of its interest in establishing the
rural alternative hospital program and subsequently seek any
necessary waivers.
   124810.  Unless the context otherwise requires, the definitions
contained in this article govern the construction of this chapter.
   124815.  "Department" means the State Department of Health
Services.
   124820.  "High-risk rural hospital," means a hospital as defined
in subdivision (a) of Section 124840 that can demonstrate through
audited and interim financial reports and projections that it is
probable that it will need to cease operations within one year.
   124825.  The department shall, in consultation with an
organization of interest, develop recommendations on the type and
scope of technical assistance that needs to be available to small and
rural hospitals from within the department.  The recommendations of
an organization of interest shall be given consideration by the
department in development of subsequent budgets.
   124830.  "Director" means the State Director of Health Services.

   124835.  "Organizations of interest" means nonprofit organizations
that typically represent the interests of hospitals and health
systems.
   124840.  "Small and rural hospital" means an acute care hospital
that meets either of the following criteria:
   (a) Meets the criteria for designation within peer group six or
eight, as defined in the report entitled Hospital Peer Grouping for
Efficiency Comparison, dated December 20, 1982.
   (b) Meets the criteria for designation within peer group five or
seven and has no more than 76 acute care beds and is located in an
incorporated place or census designated place of 15,000 or less
population according to the 1980 federal census.
   124845.  "Strategically located" means a hospital as defined in
subdivision (a) of Section 124840 that, by virtue of its location, or
the location of a major portion of the hospital's service area, can
demonstrate that its existence is essential to provide health
services including emergency services and stabilization to the
service area and transient populations.
   124850.  The department shall provide expert technical assistance
to strategically located, high-risk rural hospitals to assist the
hospitals in carrying out an assessment of potential business and
diversification of service opportunities.  In providing the technical
assistance on business opportunities, the department shall consult
with the Department of Commerce and other appropriate agencies.  The
high-risk rural hospital, in cooperation with the department, may
develop a short-term plan of action if, in its opinion, the results
of the assessment so indicate.  The department, in consultation with
an organization of interest, shall do all of the following:
   (a) Establish a process for identifying strategically located,
high-risk rural hospitals and reviewing requests from the hospitals
for assistance.
   (b) Develop a standard format for the strategic assessment.
   (c) Develop a model action plan.
   (d) Establish criteria for review of action plans.
   (e) Request input and assistance from organizations of interest.
   (f) Make the strategic assessment format and model action plan
available to all small and rural hospitals.
   124855.  Any small and rural hospital may apply to the California
Health Facilities Financing Authority for consideration under special
eligibility programs if the hospital has successfully completed the
assessment and developed an action plan.
   124860.  (a) The department, after consultation with an
organization of interest, shall select two strategically located,
high-risk rural hospitals to plan and implement rural alternative
hospital demonstration projects.  To the extent possible, the
department shall choose two demonstration sites, with one site
serving an isolated mountainous area where access may be impeded by
adverse weather conditions, and one site located in a rural
agricultural community.  Hospitals shall be selected on the basis of
their interest in becoming a demonstration site and on their
suitability as model rural alternative hospitals.  The demonstration
projects shall include, but not be limited to, identification of the
following:
   (1) Appropriate mix and type of services to be provided locally
and obtained on referral.
   (2) Types and numbers of personnel required.
   (3) Probability of, and the amount of, reimbursement under current
regulations.
   (4) Statutory and regulatory changes necessary to license the
facility and maximize reimbursement.
   (b) In administering the rural alternative hospital demonstration
project, the department shall do all of the following:
   (1) Establish two demonstration sites on or before January 1,
1990, and operate the projects for a period of up to 18 months.
   (2) Grant exceptions to the licensure requirements for general
acute care hospitals that are necessary to serve the purposes of this
section when the granting of the exceptions do not jeopardize the
health and welfare of patients.
   (3) Convey to the Federal Health Care Financing Administration its
intent to establish the rural alternative hospital demonstration
project and seek any necessary appropriate waivers.
   (4) Consider requests for grant funds made by demonstration site
hospitals pursuant to subdivision (a) of Section 1188.86 as meeting
criteria for priority funding.
   (5) Monitor and evaluate demonstration site projects as to the
applicability of these models for statewide application.
   (c) The department, based on interim findings from the
demonstration projects, shall do either of the following:
   (1) Prepare and adopt regulations establishing the rural
alternative hospital as a licensed health facility by January 1,
1992.
   (2) Submit to the Legislature by that date a report detailing why
a category of health facility should not be established.
   124865.  The department shall continue to provide regulatory
relief when appropriate through program flexibility for such items as
staffing, space, and physical plant requirements.
   124870.  (a) The department shall adopt regulations that will
provide for an increase in reimbursement rates for outpatient
services rendered to Medi-Cal patients by small and rural hospitals,
as defined in Section 124840, over and above those reimbursement
rates specified in Section 51509 of the California Code of
Regulations.  The amount of this increase shall be governed by the
funding allocated for this specific purpose in the Budget Act, or in
another specific appropriation measure.
   (b) The rate adjustment authorized by subdivision (a) shall be
allocated to eligible hospitals as follows:
   (1) A separate percentage increase shall be calculated for minimum
floor and nonminimum floor hospitals based on the ratio of each
small and rural hospitals' Medi-Cal outpatient payments to the total
of all small and rural hospitals' Medi-Cal outpatient payments during
the preceding calendar year, as determined by the department.  The
percentage rate increase for minimum floor hospitals shall be 125
percent of the rate increase percentage calculated for nonminimum
floor hospitals.  The combined rate increases for minimum floor and
nonminimum floor hospitals shall not exceed the funds appropriated
for this purpose.
   (2) For purposes of this section, "minimum floor hospital" means a
hospital (A) where Medi-Cal payments for outpatient services during
the preceding calendar year were less than 1/2 percent of the total
of Medi-Cal payments for outpatient services rendered by all small
and rural hospitals during that period and (B) where the total gross
patient revenue from all sources during that period was less than two
million five hundred thousand dollars ($2,500,000).
   (3) For purposes of this section, "nonminimum floor hospital"
means a hospital (A) where Medi-Cal payments for outpatient services
during the preceding calendar year equaled or exceeded 1/2 percent or
of the total of Medi-Cal payments for outpatient services rendered
by all small and rural hospitals during that period or (B) where the
total gross patient revenue from all sources during that period was
two million five hundred thousand dollars ($2,500,000) or more.
   (c) For the purpose of calculating the percentage increase, if any
eligible hospital had less than a full year of operation upon which
to determine the ratio of Medi-Cal expenditures as defined in
paragraph (1) of subdivision (b), the department shall extrapolate
the Medi-Cal paid claims expenditures for that hospital to estimate a
full year's Medi-Cal claims expenditure.
   (d) Payment under this section shall be contingent upon submission
of approved claims for Medi-Cal outpatient services rendered after
January 1, 1989.
   (e) The Director of Health Services shall adopt emergency
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code to
implement the rate adjustments required under this section.  The
adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
or safety.  Notwithstanding any provision of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, emergency regulations adopted by the department to
implement the rate adjustments required under this section shall not
be subject to any review, approval, or disapproval by the Office of
Administrative Law at any stage of the rulemaking process.  These
regulations shall become effective immediately upon their filing with
the Secretary of State.
   (f) Notwithstanding any other provision of law, reimbursement
rates adopted pursuant to this section shall not exceed the hospital'
s usual and customary charges for services rendered.
   (g) The department shall maximize federal financial participation
in implementing this section.
   (h) This section shall become operative July 1, 1989.

      CHAPTER 7.  GRANTS IN AID FOR CLINICS
      Article 1.  Clinics

   124875.  The Legislature finds and declares that:
   (a) In California there are approximately 300 community clinics
and free clinics that provide primary health care at low cost for a
significant portion of the medically underserved population.
   (b) These clinics account for more than 3,000,000 patient visits
annually.
   (c) Increasingly large caseloads, the debilitating effects of
inflation on purchased goods and services, and a lack of financial
resources are forcing many community and free clinics to curtail
services needed in their communities.
   (d) Recognizing the contribution of community and free clinics to
the health care of Californians and the contribution of the clinics
to lowering the costs of health care, it is in the interest of the
people of this state to ensure continuation of clinic programs by
providing necessary funding.
   124880.  The department shall conduct a program of grants-in-aid
for the following purposes:
   (a) To assist in stabilizing the health care operations of
community clinics and free clinics that provide a wide range of
primary health care services.
   (b) To fund innovative and creative programs of such clinics
designed to provide a high quality of health services at minimum
cost.
   Eligibility for grants shall be limited to community clinics, free
clinics, clinics exempt from licensure under subdivision (c) of
Section 1206, and any nonprofit corporation that is comprised of not
less than three such clinics having a combined service area covering
an entire county or more.  Grants authorized pursuant to this article
shall be limited in purpose to defraying operating expenses of the
recipient clinic, including personnel costs, and for technical
assistance provided to the recipient.  Grants shall not be made or
used for purchase of equipment, facility renovations, or purchase of
land or buildings.  As a condition to making a grant pursuant to this
chapter, the director shall require the applicant to match not less
than 20 or more than 40 percent of the amount granted.  The required
matching funds shall be determined by the director, based upon the
ability of the applicant to provide matching funds.  The required
match may be in cash or in-kind contributions, or a combination of
both.  In-kind contributions may include, but shall not be limited
to, staff and volunteer services.  The director may waive all or a
portion of the grantee match in individual cases of demonstrated
hardship if the director determines that making the grant would
effectively serve the purposes of this chapter.  The director shall
adopt criteria to be applied in determining whether to grant requests
for waivers.
   124885.  The department shall annually receive and process grant
applications submitted by eligible applicants, and shall allocate
grant moneys in accordance with the policies and priorities adopted
pursuant to this article.  Individual grants shall be limited to a
maximum of sixty thousand dollars ($60,000), including grants to
nonprofit corporations comprised of more than one clinic.  However,
grants may be renewed on an annual basis, subject to the submission
and review of an annual renewal application, that shall be considered
with, and subject to the same priorities as, new applications.  No
applicant shall receive more than one grant in any year.
   Each grant shall be subject to a contract between the department
and the grantee prescribing the services to be provided by the
grantee thereunder and other conditions of the grant.  A contract may
provide for periodic advance payments for services to be performed,
but in no event shall advance payments exceed 25 percent of the
grant.
   124890.  In developing policies and priorities pertaining to the
allocation of grant funds, the department shall give primary
consideration to the following factors:
   (a) The applicant's need for funds to continue its current level
of operation.
   (b) The applicant's long-term prospects for financial stability.
   (c) The quality of services provided.
   (d) The high-risk or underserved population groups currently being
served by the applicant.
   All of the above factors being present, clinics primarily serving
population groups determined by the director to be medically
underserved shall be entitled to first consideration in the
allocation of grant funds.
   The department shall adopt guidelines for establishment of
grant-supported activities, including criteria for evaluation of each
activity and monitoring to assure compliance with grant conditions
and applicable regulations of the department.  The guidelines shall
be developed in consultation with the Primary Care Clinics Advisory
Committee and other advisory committees and persons as the department
determines are appropriate.

      Article 2.  Primary Care

   124900.  (a) The State Department of Health Services shall select
primary care clinics that are licensed under paragraph (1) or (2) of
subdivision (a) of Section 1204, or are exempt from licensure under
subdivision (c) of Section 1206, to be reimbursed for delivering
medical services, including preventative health care, and smoking
prevention and cessation health education, to program beneficiaries.
In selecting primary care clinics for reimbursement, the department
shall give priority to clinics that provide services in a medically
underserved area or to a medically underserved population as
determined by the department.
   (b) As a part of the award process for funding pursuant to this
article, the department shall take into account the availability of
primary care services in the various geographic areas of the state.
The department shall determine which areas within the state have
populations which have clear and compelling difficulty in obtaining
access to primary care.  The department shall consider proposals from
new and existing eligible providers to extend clinic services to
these populations.  The department shall give equal consideration to
all applicants, regardless of whether or not they have previously
been funded for this program by the department.
   (c) Each primary care clinic applying for funds pursuant to this
article shall demonstrate that the funds shall be used to expand
medical services, including preventative health care, and smoking
prevention and cessation health education, for program beneficiaries
based on the primary care clinic's projected increase in outpatient
visits as compared to the outpatient visits provided in the 1988
calendar year.
   (d) (1) For purposes of this article, an outpatient visit shall
include, diagnosis and medical treatment services, including the
associated pharmacy, X-ray, and laboratory services, and prevention
health and case management services that are needed as a result of
the outpatient visit.  For a new patient, an outpatient visit shall
also include a health assessment encompassing an assessment of
smoking behavior and the patient's need for appropriate health
education specific to related tobacco use and exposure.
   (2) "Case management" includes, for this purpose, the management
of all physician services, both primary and specialty, and
arrangements for hospitalization, postdischarge care, and followup
care.
   (e) (1) Payment shall be on a per visit basis at a rate that is
determined by the department to be appropriate for an outpatient
visit as defined in this section, not to exceed sixty-five dollars
($65) per outpatient visit.
   In developing a statewide uniform rate for an outpatient visit as
defined in this article, the department shall consider existing rates
of payments for comparable outpatient visits.  The department shall
review the outpatient visit rate on an annual basis.
   (2) The department may also pay for case management services, and
may establish a separate, uniform statewide rate for these services
which shall be paid in addition to the outpatient visit rate.  The
rate for case management shall not exceed 5 percent of the rate for
an outpatient visit.  If, upon establishment of the outpatient visit
rate, the department determines that the rate of payment for case
management is not adequate to cover the cost of the service, the
department may increase the rate for case management, but the rate
shall not exceed 10 percent of the outpatient visit rate.
   In developing the separate, uniform statewide rate for case
management, the department shall take into account rates paid to
providers for case management services under any other program funded
in whole or in part by the state or federal government.  The rates
shall be published in accordance with subdivision (e).  The
department shall review the case management rate on an annual basis.

   (3) A primary care clinic may, at its option, and with department
approval, provide and be paid for both outpatient visits and case
management services.
   (f) Not later than January 15 of each year, the department shall
adopt and provide each clinic with a schedule for programs under this
article, including the date for notification of availability of
funds, the deadline for the submission of a completed application,
and an anticipated contract award date for successful applicants.
   (g) In administering the program created pursuant to this article,
the department shall utilize the Medi-Cal program statutes and
regulations pertaining to program participation standards, medical
and administrative recordkeeping, the ability of the department to
monitor and audit clinic records pertaining to program services
rendered to program beneficiaries and take recoupments or recovery
actions consistent with monitoring and audit findings, and the
provider's appeal rights.  Each primary care clinic applying for
program participation shall certify that it will abide by these
statutes and regulations and other program requirements set forth in
this article.
   124905.  For purposes of this article, a "program beneficiary" is
any person whose income level is at or below 200 percent of the
federal poverty level.  Program beneficiaries shall not be required
to provide any copayment for services that are funded pursuant to
this article.  The department shall annually adjust this income
standard to reflect any changes in the federal poverty level.
Payment pursuant to this article shall be made only for services for
which payment will not be made through any private or public
third-party reimbursement.
   124910.  (a) Each eligible entity applying for funds under this
article, as specified in subdivision (a) of Section 124900, shall
demonstrate in its application that it is providing primary care
services, to a medically underserved area or population.  Any
applicant who has applied for and received a federal or state
designation for serving a medically underserved area or population
shall be deemed to meet the requirements of subdivision (a) of
Section 124900.
   (b) Each applicant shall also demonstrate to the satisfaction of
the department that the proposed services supplement, and do not
supplant, those primary care services to program beneficiaries that
are funded by any county, state, or federal program.
   (c) Each applicant shall demonstrate that it is an active Medi-Cal
provider by having a Medi-Cal provider number and diligently billing
the Medi-Cal program for services rendered to Medi-Cal eligible
patients during the past three months.  This subdivision shall not
apply to clinics that are not currently Medi-Cal providers, and were
funded participants pursuant to this article during the 1993-94
fiscal year.
   (d) Each application shall be evaluated by the state department
prior to funding to determine all of the following:
   (1) The number of program beneficiaries who are in the service
area of the applicant, and the number of visits, the scope of primary
care services, and the proposed total budget for outpatient visits
provided to beneficiaries under this article.  The applicant shall
provide its most recently audited financial statement to verify
budget information.
   (2) The applicant's ability to deliver basic primary care to
program beneficiaries.
   (3) A description of the applicant's operational quality assurance
program.
   (4) The applicant's use of protocols for the most common diseases
in the population served under this article.
   124915.  Services funded pursuant to this article shall be limited
to the extent that funds are appropriated for this purpose.
   124920.  (a) The department shall utilize existing contractual
claims processing services in order to promote efficiency and to
maximize use of funds.
   (b) The department shall certify which primary care clinics are
selected to participate in the program for each specific fiscal year,
and how much in program funds each selected primary care clinic will
be allocated each fiscal year.
   (c) The department shall make an advance payment for funds
appropriated for services provided under this article to the selected
primary care clinics in an amount not to exceed 25 percent of a
clinic's allocation for visits
     provided to program beneficiaries.  These advance payments may
only be made during the 1994-95 fiscal year.
   (d) In the event the department's contractual claims processing
service is not ready to accept and timely adjudicate program claims
by August 15, 1994, the department shall reimburse clinic billings in
excess of the advance payment until such time as the contractual
claims processing mechanism is viable.
   (e) The department shall pay claims from selected primary care
clinics up to each clinic's annual allocation, adjusted for advance
payments made under subdivision (c) and claims reimbursement made
under subdivision (d).  Once a clinic has exhausted its annual
allocation, the state shall stop paying its program claims.
   (f) The department may adjust any selected primary care clinic's
allocation to take into account:
   (1) An increase in program funds appropriated for the fiscal year.

   (2) A decrease in program funds appropriated for the fiscal year.

   (3) A clinic's projected inability to fully spend its allocation
within the fiscal year.
   (4) Surplus funds reallocated from other selected primary care
clinics.
   (g) The department shall notify all affected primary care clinics
in writing prior to adjusting selected primary care clinics'
allocations.
   (h) Cessation of program payments under subdivision (e) or
adjustment of selected primary care clinic's allocations under
subdivision (f) shall not be subject to the Medi-Cal appeals process
referenced in subdivision (g) of Section 124900.
   124925.  The department shall submit a report on its activities
under this article to the Legislature no later than January 1, 1991,
and annually thereafter.
   124927.  Final payment adjustments reflecting advance payments
pursuant to this article shall be made pursuant to a plan of
financial adjustment that is approved by the state department and
submitted to the Controller.
   124930.  (a) For any condition detected as part of a child health
and disability prevention screen for any child eligible for services
under Section 140395, if the child was screened by the clinic or upon
referral by a child health and disability prevention program
provider, unless the child is eligible to receive care with no share
of cost under the Medi-Cal program, is covered under another publicly
funded program, or the services are payable under private coverage,
a clinic shall, as a condition of receiving funds under this article,
do all of the following:
   (1) Insofar as the clinic directly provides these services for
other patients, provide medically necessary followup treatment,
including prescription drugs.
   (2) Insofar as the clinic does not provide treatment for the
condition, arrange for the treatment to be provided.
   (b) (1) If any child requires treatment the clinic does not
provide, the clinic shall arrange for the treatment to be provided,
and the name of that provider shall be noted in the patient's medical
record.
   (2) The clinic shall contact the provider or the patient or his or
her guardian, or both, within 30 days after the arrangement for the
provision of treatment is made, and shall determine if the provider
has provided appropriate care, and shall note the results in the
patient's medical record.
   (3) If the clinic is not able to determine, within 30 days after
the arrangement for the provision of treatment is made, whether the
needed treatment was provided, the clinic shall provide written
notice to the county child health and disability prevention program
director, and shall also provide a copy to the state director of the
program.
   (c) (1) For the 1994-95 and 1995-96 fiscal years, inclusive, the
state department may establish a reimbursement program for referral
case management services required pursuant to subdivision (b),
provided to a child pursuant to subdivision (a).
   (2) The department may utilize funds appropriated for the purposes
of this article for reimbursements under paragraph (1).
   (3) (A) The department shall evaluate the effectiveness of the
referral case management program, including the extent to which
children actually receive appropriate treatment for conditions
detected as part of the Child Health and Disability Prevention
Program examination.
   (B) The department shall report the evaluation required by
subparagraph (A) to the health policy committee of each house of the
Legislature no later than April 1 of each year.
   124935.  (a) For the 1990-91 to 1993-94 fiscal years, inclusive,
the department shall establish and maintain a primary care clinic
risk pool in which the department shall assume responsibility to pay
for dental treatment of a child by the primary care clinic subsequent
to the clinic's meeting the requirements of subdivision (b) of
Section 124930.
   (b) Payment under this section shall be available when the clinic
has done either of the following:
   (1) Detected the condition as part of a child health and
disability prevention screen pursuant to Section 124930 and has
directly provided the treatment.
   (2) Provided the treatment upon referral from another child health
and disability prevention provider.
   124940.  The use of funds granted pursuant to this article for use
by school-based clinics shall be limited to those school-based
clinics that were licensed and in operation before January 1, 1990.

   124945.  Any entity or provider that receives funds pursuant to
this article shall expend those funds in accordance with the
requirements of Article 2 (commencing with Section 30121) of Chapter
2 of Part 13 of Division 2 of the Revenue and Taxation Code.
   124950.  This article shall remain operative only until July 1,
1996, and shall remain in effect only until January 1, 1997, and as
of that date is repealed, unless a later enacted statute, which is
effective on or before January 1, 1997, deletes or extends that date.


      PART 5.  HEREDITARY DISEASES/CONGENITAL DEFECTS
      CHAPTER 1.  GENETIC PREVENTION SERVICES
      Article 1.  Hereditary Disorders Act

   124975.  The Legislature hereby finds and declares that:
   (a) Each person in the State of California is entitled to health
care commensurate with his or her health care needs, and to
protection from inadequate health services not in the person's best
interests.
   (b) Hereditary disorders, such as sickle cell anemia, cystic
fibrosis, and hemophilia, are often costly, tragic, and sometimes
deadly burdens to the health and well-being of the citizens of this
state.
   (c) Detection through screening of hereditary disorders can lead
to the alleviation of the disability of some hereditary disorders and
contribute to the further understanding and accumulation of medical
knowledge about hereditary disorders that may lead to their eventual
alleviation or cure.
   (d) There are different severities of hereditary disorders, that
some hereditary disorders have little effect on the normal
functioning of individuals, and that some hereditary disorders may be
wholly or partially alleviated through medical intervention and
treatment.
   (e) All or most persons are carriers of some deleterious recessive
genes that may be transmitted through the hereditary process, and
that the health of carriers of hereditary disorders is substantially
unaffected by that fact.
   (f) Carriers of most deleterious genes should not be stigmatized
and should not be discriminated against by any person within the
State of California.
   (g) Specific legislation designed to alleviate the problems
associated with specific hereditary disorders may tend to be
inflexible in the face of rapidly expanding medical knowledge,
underscoring the need for flexible approaches to coping with genetic
problems.
   (h) State policy regarding hereditary disorders should be made
with full public knowledge, in light of expert opinion and should be
constantly reviewed to consider changing medical knowledge and ensure
full public protection.
   (i) The extremely personal decision to bear children should remain
the free choice and responsibility of the individual, and should not
be restricted by the state.
   (j) Participation of persons in hereditary disorders programs in
the State of California should be wholly voluntary, except for
initial screening for phenylketonuria (PKU) and other genetic
disorders treatable through the California newborn screening program.
  All information obtained from persons involved in hereditary
disorders programs in the state should be held strictly confidential.

   (k) In order to minimize the possibility for the reoccurrence of
abuse of genetic intervention in hereditary disorders programs, all
programs offering screening programs for heredity disorders shall
comply with the principles established in the Hereditary Disorders
Act (Section 27).  The Legislature finds it necessary to establish a
uniform statewide policy for the screening for heredity disorder in
the State of California.
   124980.  The director shall establish any regulations and
standards for hereditary disorders programs as the director deems
necessary to promote and protect the public health and safety, in
accordance with the principles established pursuant to this section.
These principles shall include, but not be limited to, the
following:
   (a) The public, especially communities and groups particularly
affected by programs on hereditary disorders, should be consulted
before any regulations and standards are adopted by the department.
   (b) The incidence, severity and treatment costs of each hereditary
disorder and its perceived burden by the affected community should
be considered; and that where appropriate, state and national experts
in the medical, psychological, ethical, social, and economic effects
or programs for the detection and management of hereditary disorders
be consulted by the department.
   (c) Information on the operation of all programs on hereditary
disorders within the state, except for confidential information
obtained from participants in the programs, be open and freely
available to the public.
   (d) Clinical testing procedures established for use in programs,
facilities, and projects be accurate, provide maximum information,
and that the testing procedures selected produce results that are
subject to minimum misinterpretation.
   (e) No test or tests shall be performed on any minor over the
objection of the minor's parents or guardian, nor may any tests be
performed unless the parent or guardian is fully informed of the
purposes of testing for hereditary disorders, and is given reasonable
opportunity to object to the testing.
   (f) No testing, except initial screening for PKU and other
diseases that may be added to the newborn screening program, shall
require mandatory participation, and no testing programs shall
require restriction of childbearing, and participation in a testing
program shall not be a prerequisite to eligibility for, or receipt
of, any other service or assistance from, or to participate in, any
other program, except where necessary to determine eligibility for
further programs of diagnoses of or therapy for hereditary
conditions.
   (g) Counseling services for hereditary disorders be available
through the program or a referral source for all persons determined
to be or who believe themselves to be at risk for a hereditary
disorder as a result of screening programs; the counseling is
nondirective, emphasizes informing the client, and not require
restriction of childbearing.
   (h) All participants in programs on hereditary disorders be
protected from undue physical and mental harm, and except for initial
screening for PKU and other diseases that may be added to newborn
screening programs, be informed of the nature of risks involved in
participation in the programs, and those determined to be affected
with genetic disease be informed of the nature, and where possible,
the cost of available therapies or maintenance programs, and be
informed of the possible benefits and risks associated with such
therapies and programs.
   (i) All testing results and personal information generated from
hereditary disorders programs be made available to an individual over
18 years of age, or to the individual's parent or guardian.  If the
individual is a minor or incompetent, all testing results that have
positively determined the individual to either have, or be a carrier
of, a heredity disorder shall be given through a physician or other
source of health care.
   (j) All testing results and personal information from hereditary
disorders programs obtained from any individual, or from specimens
from any individual, be held confidential and be considered a
confidential medical record except for such information as the
individual, parent, or guardian consents to be released; provided
that the individual is first fully informed of the scope of the
information requested to be released, of all of the risks, benefits,
and purposes for the release, and of the identity of those to whom
the information will be released or made available, except for
statistical data compiled without reference to the identity of any
individual, and except for research purposes, provided that pursuant
to 45 Code of Federal Regulations Section 46.101 et seq. entitled
"Protection of Human Subjects," the research has first been reviewed
and approved by an institutional review board that certifies the
approval to the custodian of the information and further certifies
that in its judgment the information is of such potentially
substantial public health value that modification of the requirement
for legally effective prior informed consent of the individual is
ethically justifiable.
   (k) An individual whose confidentiality has been breached as a
result of any violation of the provisions of the Hereditary Disorders
Act (Section 27) may recover compensatory damages, and in addition,
may recover civil damages not to exceed ten thousand dollars
($10,000), reasonable attorney's fees, and the costs of litigation.

   124985.  A violation of any of the provisions of the Hereditary
Disorders Act (Section 27) or any of the regulations adopted pursuant
to that act shall be punishable as a misdemeanor.
   124990.  For the purposes of the Hereditary Disorders Act (Section
27), hereditary disorders programs shall include, but not be limited
to, all antenatal, neonatal, childhood, and adult screening
programs, and all adjunct genetic counseling services.
   124995.  The following programs shall comply with the regulations
established pursuant to the Hereditary Disorders Act (Section 27):
   (a) The California Children's Services Program under Article 5
(commencing with Section 123800) of Chapter 3 of Part 2.
   (b) Prenatal testing programs for newborns under Sections 125050
to 125065, inclusive.
   (c) Medical testing programs for newborns under the Maternal and
Child Health Program Act (Section 27).
   (d) Programs of the genetic disease unit under Section 125000.
   (e) Child health disability prevention programs under Article 6
(commencing with Section 124025) of Chapter 3 of Part 2 and Section
120475.
   (f) Genetically handicapped person's programs under Article 1
(commencing with Section 125125) of Chapter 2.
   (g) Medi-Cal Benefits Program under Article 4 (commencing with
Section 14131) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code.

      Article 2.  Newborn Screening

   125000.  (a) It is the policy of the State of California to make
every effort to detect, as early as possible, phenylketonuria and
other preventable heritable or congenital disorders leading to mental
retardation or physical defects.
   The department shall establish a genetic disease unit, that shall
coordinate all programs of the department in the area of genetic
disease.  The unit shall promote a statewide program of information,
testing, and counseling services and shall have the responsibility of
designating tests and regulations to be used in executing this
program.
   The information, tests, and counseling for children shall be in
accordance with accepted medical practices and shall be administered
to each child born in California once the department has established
appropriate regulations and testing methods.  The information, tests,
and counseling for pregnant women shall be in accordance with
accepted medical practices and shall be offered to each pregnant
woman in California once the department has established appropriate
regulations and testing methods.  These regulations shall follow the
standards and principles specified in Section 124980.  The department
may provide laboratory testing facilities or contract with any
laboratory that it deems qualified to conduct tests required under
this section.  However, notwithstanding Section 125005, provision of
laboratory testing facilities by the department shall be contingent
upon the provision of funding therefor by specific appropriation to
the Genetic Disease Testing Fund enacted by the Legislature.  If
moneys appropriated for purposes of this section are not authorized
for expenditure to provide laboratory facilities, the department may
nevertheless contract to provide laboratory testing services pursuant
to this section and shall perform laboratory services, including,
but not limited to, quality control, confirmatory, and emergency
testing, necessary to ensure the objectives of this program.
   (b) The department shall charge a fee for any tests performed
pursuant to this section.  The amount of the fee shall be established
and periodically adjusted by the director in order to meet the costs
of this section.
   (c) The department shall inform all hospitals or physicians and
surgeons, or both, of required regulations and tests and may alter or
withdraw any of these requirements whenever sound medical practice
so indicates.
   (d) This section shall not apply if a parent or guardian of the
newborn child objects to a test on the ground that the test conflicts
with his or her religious beliefs or practices.
   (e) The genetic disease unit is authorized to make grants or
contracts or payments to vendors approved by the department for all
of the following:
   (1) Testing and counseling services.
   (2) Demonstration projects to determine the desirability and
feasibility of additional tests or new genetic services.
   (3) To initiate the development of genetic services in areas of
need.
   (4) To purchase or provide genetic services from any sums as are
appropriated for this purpose.
   (f) The genetic disease unit shall evaluate and prepare
recommendations on the implementation of tests for the detection of
hereditary and congenital diseases, including, but not limited to,
cystic fibrosis and congenital adrenal hyperplasia.  The genetic
disease unit shall also evaluate and prepare recommendations on the
availability and effectiveness of preventative followup
interventions, including the use of specialized medically necessary
dietary products.
   It is the intent of the Legislature that funds for the support of
the evaluations and recommendations required pursuant to this
subdivision, and for the activities authorized pursuant to
subdivision (e), shall be provided in the annual Budget Act
appropriation from the Genetic Disease Testing Fund.
   (g) Health care providers that contract with a prepaid group
practice health care service plan that annually has at least 20,000
births among its membership, may provide, without contracting with
the department, any or all of the testing and counseling services
required to be provided under this section or the regulations adopted
pursuant thereto, if the services meet the quality standards and
adhere to the regulations established by the department and the plan
pays that portion of a fee established under this section that is
directly attributable to the department's cost of administering the
testing or counseling service and to any required testing or
counseling services provided by the state for plan members.  The
payment by the plan, as provided in this subdivision, shall be deemed
to fulfill any obligation the provider or the provider's patient may
have to the department to pay a fee in connection with the testing
or counseling service.
   (h) The adoption of regulations pursuant to this section shall be
deemed to be an emergency, and necessary for the immediate
preservation of the public peace, health, safety, and general
welfare.  Notwithstanding subdivision (h) of Section 11346.1 and
Section 11349.6 of the Government Code, the director shall transmit
regulations adopted pursuant to this section directly to the
Secretary of State for filing.  The regulations shall be filed by the
Secretary of State as emergency regulations and shall become
effective immediately.
   (i) The department may appoint experts in the area of genetic
screening, including, but not limited to, cytogenetics, molecular
biology, prenatal, specimen collection, and ultrasound to provide
expert advice and opinion on the interpretation and enforcement of
regulations adopted pursuant to this section.  These experts shall be
designated agents of the state with respect to their assignments.
These experts shall receive no salary, but shall be reimbursed for
expenses associated with the purposes of this section.  All expenses
of the experts for the purposes of this section shall be paid from
the Genetic Disease Testing Fund.
   (j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations adopted by the department pursuant to this
section shall not be repealed by the Office of Administrative Law and
shall remain in effect until revised or repealed by the department.

   125005.  The Genetic Disease Testing Fund is continued in
existence as a special fund in the State Treasury.  All moneys
collected by the department under Section 125000 shall be deposited
in the Genetic Disease Testing Fund, that is continuously
appropriated to the department to carry out the purposes of Section
125000.
   It is the intent of the Legislature that the program carried out
pursuant to Section 125000 be fully supported from fees collected for
such testing.

      Article 3.  Sickle Cell Anemia

   125025.  It is the policy of the State of California to make every
effort to detect, as early as possible, sickle cell anemia, a
heritable disorder that leads to physical defects.
   The department shall have the responsibility of designating tests
and regulations to be used in executing this policy.  These tests
shall be in accordance with accepted medical practices.
   Testing for sickle cell anemia may be conducted at the following
times:
   (a) Upon first enrollment of a child at an elementary school in
this state, the child may be tested.
   (b) For any child not tested pursuant to subdivision (a), upon
first enrollment at a junior high school or senior high school in
this state, as the case may be, the child may be tested.
   (c) Upon application of any person for a license to marry, the
parties seeking to be married may be tested.
   (d) At any other times that the department may designate.
   This section shall not apply if a parent or guardian of a minor
child sought to be tested or any adult sought to be tested objects to
the test on the ground that the test conflicts with his or her
religious beliefs or practices.
   125030.  The department may require that a test be given for
sickle cell anemia pursuant to Section 125025 to any identifiable
segment of the population that the department determines is
susceptible to sickle cell anemia at a disproportionately higher
ratio than is the balance of the population.
   125035.  The department is authorized to make grants or contracts
for demonstration projects to determine the feasibility of alternate
methods of testing for sickle cell anemia, to provide counseling
services, to evaluate the social consequences of the identification
of sickle cell trait carriers, to provide training in genetic
counseling, and to conduct research on the prevention of sickle cell
anemia.

      Article 4.  Prenatal Testing

   125050.  The department shall administer a statewide program for
the prenatal testing for genetic disorders and birth defects,
including, but not limited to, ultrasound, amniocentesis, chorionic
villus sampling, and blood testing for genetic disorders and birth
defects.
   125055.  The department shall:
   (a) Establish criteria for eligibility for the prenatal testing
program.  Eligibility shall include definition of conditions and
circumstances that result in a high risk of a detectable genetic
disorder or birth defect.
   (b) Develop an education program designed to educate physicians
and surgeons and the public concerning the uses of prenatal testing
and the availability of the program.
   (c) Ensure that genetic counseling be given in conjunction with
prenatal testing at the approved prenatal diagnosis centers.
   (d) Designate sufficient prenatal diagnosis centers to meet the
need for these services.  Prenatal diagnosis centers shall have
equipment and staff trained and capable of providing genetic
counseling and performing prenatal diagnostic procedures and tests,
including the interpretation of the results of the procedures and
tests.
   (e) Administer a program of subsidy grants for approved nonprofit
prenatal diagnosis centers.  The subsidy grants shall be awarded
based on the reported number of low-income women referred to the
center, the number of prenatal diagnoses performed in the previous
year at that center, and the estimated size of unmet need for
prenatal diagnostic procedures and tests in its service area.  This
subsidy shall be in addition to fees collected under other state
programs.
   (f) Establish any rules, regulations, and standards for prenatal
diagnostic testing and the allocation of subsidies as the director
deems necessary to promote and protect the public health and safety
and to implement the Hereditary Disorders Act (Section 27).
   125060.  The participation by any individual in the prenatal
testing program shall be wholly voluntary and shall not be a
prerequisite to eligibility for, or receipt of, any other service or
assistance from, or to participation in, any other program.
   125065.  All prenatal diagnosis centers shall meet standards
developed by the department and shall agree to accept patients from
state funded or administered programs, including, but not limited to,
Medi-Cal, Regional Centers, Maternal and Child Health, California
Children's Services, Genetically Handicapped Persons Program, and
Family Planning.  Only prenatal diagnosis centers meeting standards
developed by the
department shall be eligible for reimbursement under these state
programs.
   125070.  (a) Laboratories licensed by the Department of Health
Services shall not offer the maternal serum-alpha fetoprotein
screening test for prenatal detection of neural tube defects of the
fetus until the department has developed regulations, under the
authorization granted by Section 124980.  However, laboratories
providing this testing, as of July 21, 1983, may continue to provide
this testing until these regulations become operative.  The
department shall adopt regulations pursuant to this section.
   (b) The adoption of regulations pursuant to this section shall be
deemed to be an emergency, and necessary for the immediate
preservation of the public peace, health, safety, and general
welfare.  Notwithstanding subdivision (h) of Section 11346.1 and
Section 11349.6 of the Government Code, the director shall transmit
regulations adopted pursuant to this section directly to the
Secretary of State for filing.  The regulations shall be filed by the
Secretary of State as emergency regulations and shall become
effective immediately.
   (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, any
emergency regulations adopted by the department pursuant to this
section shall not be repealed by the Office of Administrative Law and
shall remain in effect until revised or repealed by the department.

   125075.  Every licensed physician and surgeon or other person
attending a newborn infant diagnosed as having had rhesus (Rh)
isoimmunization hemolytic disease shall report the condition to the
department on report forms prescribed by the department.
   125080.  A licensed physician and surgeon or other person engaged
in the prenatal care of a pregnant woman or attending the woman at
the time of delivery shall obtain or cause to be obtained a blood
specimen of the woman.  Prior to obtaining the blood specimen, the
woman shall be notified of the fact that the blood specimen is going
to be obtained.  If the blood specimen is not obtained prior to
delivery, it shall be obtained at the time of delivery.
   125085.  (a) A blood specimen obtained pursuant to Section 125080
shall be submitted to a clinical laboratory licensed by the
department or to an approved public health laboratory for a
determination of rhesus (Rh) blood type and the results shall be
reported to both of the following:
   (1) The physician and surgeon or other person engaged in the
prenatal care of the woman or attending the woman at the time of
delivery.
   (2) The woman tested.
   (b) In addition, a blood specimen obtained pursuant to Section
125080 shall be submitted to a clinical laboratory licensed by the
department or to an approved public health laboratory for a test to
determine the presence of hepatitis B surface antigen.  In the event
that other tests to determine hepatitis B infection become available,
the department may approve additional tests.
   125090.  (a) Subdivision (a) of Section 125085 shall not be
applicable if the licensed physician and surgeon or other person
engaged in the prenatal care of a pregnant woman or attending the
woman at the time of delivery has knowledge of the woman's blood type
and accepts responsibility for the accuracy of the information.
   (b) Subdivision (b) of Section 125085 shall not be applicable if
the licensed physician and surgeon or other person engaged in the
prenatal care of a pregnant woman or attending the woman at the time
of delivery has knowledge that the woman has previously been
determined to be chronically infected with hepatitis (B) and accepts
responsibility for the accuracy of the information.
   125095.  The department may adopt regulations as it determines are
reasonably necessary for the implementation of the Maternal and
Child Health Program Act (Section 27).
   125100.  (a) Clinical laboratories licensed by the department,
approved public health laboratories, local health departments,
physicians and surgeons, or other persons engaged in the prenatal
care of a pregnant woman or in the care of an infant shall maintain
and make available to the department information necessary to
evaluate, for public health purposes, the effectiveness of testing
and followup treatment for the prevention of perinatally transmitted
hepatitis B infection.
   (b) The department shall make available, to the extent state funds
are appropriated therefor in the annual Budget Act or federal funds
are available for that purpose, money to each county requesting funds
for testing and followup treatment for the prevention of perinatally
transmitted hepatitis B infection or for any functions performed
pursuant to subdivision (a).  The money shall be allocated by the
department on the basis of the incidence of perinatally transmitted
hepatitis B infection and the need for necessary followup treatment
and evaluation in the requesting county.
   125105.  (a) The blood specimen and test results pursuant to
subdivision (b) of Section 125085 shall be confidential and shall not
be disclosed, except as otherwise provided by law.
   (b) No person shall be compelled in any state, county, city, or
other local civil, criminal, administrative, legislative, or other
proceeding to provide test results determined pursuant to Section
125080 and Section 125085.
   125110.  The Maternal and Child Health Program Act (Section 27)
shall not apply if the pregnant woman objects to the test required by
that act on the ground that the test conflicts with her religious
beliefs or practices.

      CHAPTER 2.  GENETIC DISEASE SERVICES
      Article 1.  Genetically Handicapped Persons Program

   125125.  This article shall be known and may be cited as the
Holden-Moscone-Garamendi Genetically Handicapped Person's Program.
   125130.  The Director of Health Services shall establish and
administer a program for the medical care of persons with genetically
handicapping conditions, including cystic fibrosis, hemophilia,
sickle cell disease, Huntington's disease, Friedreich's Ataxia,
Joseph's disease, Von Hippel-Landau syndrome, and the following
hereditary metabolic disorders:  phenylketonuria, homocystinuria,
branched chain amino acidurias, disorders of propionate and
methylmalonate metabolism, urea cycle disorders, hereditary orotic
aciduria, Wilson's Disease, galactosemia, disorders of lactate and
pyruvate metabolism, tyrosinemia, hyperornithinemia, and other
genetic organic acidemias that require specialized treatment or
service available from only a limited number of program-approved
sources.
   The program shall also provide access to social support services,
that may help ameliorate the physical, psychological, and economic
problems attendant to genetically handicapping conditions, in order
that the genetically handicapped person may function at an optimal
level commensurate with the degree of impairment.
   The medical and social support services may be obtained through
physicians and surgeons, genetically handicapped person's program
specialized centers, and other providers that qualify pursuant to the
regulations of the department to provide the services.  "Medical
care," as used in this section, is limited to noncustodial medical
and support services.
   The director, with the guidance of the Advisory Committee on
Genetically Handicapped Person's Program, may, by regulation, expand
the list of genetically handicapping conditions covered under this
article.  The director shall adopt regulations that are necessary for
the implementation of this article.  The director, with the approval
of the advisory committee, shall establish priorities for the use of
funds and provision of services under this article.
   125135.  As used in this article, "genetically handicapping
condition" shall mean a disease that is accepted as being genetic in
origin by the American Society of Human Genetics.
   125140.  The program established under this article shall include
any or all of the following medical and social support services:
   (a) Initial intake and diagnostic evaluation.
   (b) The cost of blood transfusion and use of blood derivatives, or
both.
   (c) Rehabilitation services, including reconstructive surgery.
   (d) Expert diagnosis.
   (e) Medical treatment.
   (f) Surgical treatment.
   (g) Hospital care.
   (h) Physical and speech therapy.
   (i) Occupational therapy.
   (j) Special treatment.
   (k) Materials.
   (l) Appliances and their upkeep, maintenance, and care.
   (m) Maintenance, transportation, or care incidental to any other
form of services.
   (n) Respite care or other existing resources (e.g., sheltered
workshops).
   (o) Genetic and long-term psychological counseling.
   (p) Appropriate administrative staff resources to carry out this
article.  The staff shall include, but not be limited to, at least
one case manager per each 350 clients.
   125145.  The director shall appoint an 11-member Advisory
Committee on Genetically Handicapped Person's Program composed of
professional and consumer representatives who shall serve without
compensation and at the discretion of the director.  The director
shall seek the advice of the advisory committee with respect to
regulations to be adopted pursuant to this article.
   125150.  The director shall establish the rate structure for
reimbursement of physicians and supportive services.  The rates shall
not be less than the amounts paid for provider services under the
Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of
Division 9 of the Welfare and Institutions Code).
   125155.  Reimbursement under this article shall not be made for
any services that are available to the recipient under any other
private, state, or federal programs or under other contractual or
legal entitlements, except for those instances where the department
determines that prolonged use of employer health insurance would
jeopardize the recipient's employment.  However, no provision in this
article shall be construed as limiting in any way state
participation in any federal governmental program for medical care of
persons with genetically handicapping conditions.
   125160.  The department shall receive and expend all funds made
available to it by the federal government, the state, its political
subdivisions or from other sources for the purposes of this article.
Payment for genetically handicapped person's program shall be made
by the department.
   125165.  (a) The department shall determine and establish an
enrollment fee for the services provided pursuant to this article.
   (b) Beginning July 1, 1993, each client eligible for services
shall pay an annual enrollment fee to the department, except as
provided in subdivision (f).
   (c) (1) The annual enrollment fee schedule shall be a sliding
scale based upon family size and income and shall be identical to the
fee schedule established under Section 123900.  The department shall
adjust the scale to reflect changes in the federal poverty level.
Family size shall be based upon the number of persons living with the
applicant who are dependent upon the family income.  Family income
shall include the total gross income of the applicant and other
individuals living with the applicant.
   (2) Until July 1, 1995, the annual enrollment fee for eligible
participants who use the Genetically Handicapped Persons Program but
receive only case management services provided by the program shall
be determined by using 50 percent of the amount specified in the
sliding scale.  On or before July 1, 1995, the department shall
evaluate the revenue enhancement resulting from the use of this
reduced enrollment fee schedule for persons who receive only case
management services.  After July 1, 1995, all eligible participants
shall pay the enrollment fee established pursuant to paragraph (1).
   (d) Notwithstanding any other subdivision, those persons whose
family income exceeds forty thousand dollars ($40,000) per year and
whose cost of care is 20 percent or less of the family's adjusted
gross income shall pay either the enrollment fee or the cost of care,
whichever is greater.  Those persons whose family income exceeds
forty thousand dollars ($40,000) per year and whose cost of care
exceeds 20 percent of the family's adjusted gross income shall pay
the enrollment fee.
   (e) Payment of the enrollment fee is a condition of program
participation and is independent of any other outstanding obligations
to the program.  The department may arrange for periodic payment
during the year if it determines a lump-sum payment will be a
hardship for the family.  The director, on a case-by-case basis, may
waive or reduce the amount of an enrollment fee if the director
determines payment of the fee will result in undue hardship.
Otherwise, failure to pay or arrange for payment of the enrollment
fee within 60 days of the due date shall result in disenrollment and
ineligibility for coverage of treatment services effective 60 days
after the due date of the fee.
   (f) The enrollment fee shall not be charged in the following
cases:
   (1) The client is eligible for the full scope of Medi-Cal
benefits, without being required to pay a share of cost, at the time
of enrollment fee determination.
   (2) The family of the client otherwise eligible to receive
services has a gross annual income of less than 200 percent of the
federal poverty level.
   (g) Upon determination of program eligibility, the department
shall enter into an agreement with the applicant or client legally
responsible for that applicant for payment of the enrollment fee.
   (h) All enrollment fees shall be used in support of the program
for services established under this article.
   125170.  The department shall maintain sufficient, appropriate
staff to carry out this article.
   125175.  The health care benefits and services specified in this
article, to the extent that the benefits and services are neither
provided under any other federal or state law nor provided nor
available under other contractual or legal entitlements of the
person, shall be provided to any patient who is a resident of this
state and is made eligible by this article.  After the patient has
utilized the contractual or legal entitlements, the payment liability
under Section 125165 shall then be applied to the remaining cost of
genetically handicapped person's services.
   125180.  The department shall require all applicants to the
program who may be eligible for cash grant public assistance or for
Medi-Cal to apply for Medi-Cal eligibility prior to becoming eligible
for funded services.

      Article 2.  Long-Term Care for Degenerative Genetic Disease

   125200.  The Legislature finds and declares that there are many
persons in California who are victims of chronic and degenerative
genetic conditions, who experience a wide range of degenerating
conditions including mental and physical deterioration.  For some of
these conditions, there is no known prior detection or subsequent
treatment.
   The Legislature further finds and declares that appropriate
supportive care services, both in and out of the home, are very often
unavailable, due to the lack of resource identification and
referral, and the lack of case management services.
   125205.  The department and the State Department of Social
Services shall, after consultation with the Genetically Handicapped
Persons Program of the department, from the Genetically Handicapped
Persons Program Advisory Committee, and from consumer organizations
representing persons with chronic and degenerative conditions, as
defined in Section 125210, compile a list of long-term care resources
that serve adults with chronic and degenerative conditions, as
defined.  The list of resources shall include those that have already
been identified by the Genetically Handicapped Persons Program as
serving persons with Huntington's disease, Joseph's disease, and
Friedrich's ataxia, and shall include those that have already been
identified by consumer organizations representing persons with
chronic and degenerative conditions.  The list of resources shall
include, but not be limited to, the following:
   (a) Public and private skilled nursing facilities and intermediate
care facilities.
   (b) Public and private community residential care facilities.
   (c) Public and private out-of-home long-term care resources such
as day activity programs, and in-home support service programs.
Nothing in this section shall require the Department of Health
Services to undertake a survey of long-term care facilities or
programs in the state for the purposes of carrying out the
requirements of this section.
   The information shall be made available to the public, upon
request, through the Genetically Handicapped Persons Program of the
department.
   125210.  For the purposes of this article, chronic and
degenerative diseases shall include those conditions that are
neurological and neuromuscular in origin, including such disorders as
Huntington's disease, Friedrich's ataxia, Joseph's disease, and
other disorders that are determined by the department to be similar
in origin and clinical manifestation to the named disorders, and that
affect adults.
   125215.  The department and the State Department of Social
Services shall review regulations that currently provide
disincentives to providers of in-home and out-of-home long-term care
resources, as defined in Section 125205, to accept and serve persons
with chronic and degenerative disorders.  The review shall be
conducted with assistance and input from the Genetically Handicapped
Persons Program of the department, and from the Genetically
Handicapped Persons Program Advisory Committee.  These departments
shall provide a list of those regulations to the Legislature by
September 1, 1982.  The regulations subject to review shall be those
regulations that do the following:
   (a) Affect the admission of patients to state-licensed skilled
nursing facilities, intermediate care facilities, and community
residential care facilities.
   (b) Affect the staffing ratios necessary to care for persons with
chronic and degenerative conditions, as defined, within those
facilities.
   (c) Affect the likelihood of facilities, or of day care programs
and in-home support service programs, to refuse the admission of
persons with chronic and degenerative conditions, solely on the basis
of anticipated jeopardy to their licensing, or on the basis of
anticipated liability to the facilities arising from instances where
a person's degenerative condition, by its own clinical merits,
results in medical complications that are, in fact, entirely
unrelated to the quality of care provided by the facility or program.

   125220.  The actions undertaken pursuant to this article shall not
impose additional state obligations or expenditures for the care of
persons with chronic and degenerative conditions, as defined by this
article, unless the Legislature enacts a statute specifically
appropriating money for the additional obligations or expenditures.


      Article 3.  Huntington's Disease Research and Workshop Grants

   125225.  The Legislature hereby finds and declares that:
   (a) Huntington's disease is a chronic progressive inherited
disorder of the central nervous system.
   (b) The constellation of mental and physical symptoms, the
insidious onset of the disorder, and the torment of those at-risk,
waiting throughout their lives to learn if they have been spared,
conspire to make "Huntington's disease one of the most diabolical
diseases known to man."  Each child of a patient with Huntington's
disease has a 50/50 chance of getting the disease.
   (c) Males, females, and all ethnic groups may be affected and
there is no effective treatment or cure.  Because so little is known
about the disease, many people are misdiagnosed and mistreated.
   (d) The suicide rate among Huntington's disease patients is
estimated to be seven times the national rate.
   (e) The advancement of scientific knowledge about Huntington's
disease, that, because of its extraordinary range of symptoms, serves
as an excellent prototype for other major chronic genetic,
neurologic, and psychiatric illnesses and diseases of aging, such as
epilepsy, muscular dystrophy, and Parkinson's disease, will reveal
fundamental scientific information that may lead to treatment,
prevention, and ultimately a cure for an array of inherited disorders
that affect millions.
   125230.  The director may establish any rules or criteria for
grants under this article as the director deems necessary.
   125235.  There is hereby created a Scientific Advisory Review
Committee.  The membership of the committee shall be composed of 11
members who shall be representatives from each of the following:
   (a) Two from the University of California.
   (b) One from Stanford University.
   (c) One from the California Institute of Technology.
   (d) One from the Hereditary Disease Foundation.
   (e) One from the City of Hope.
   (f) One from the Health and Welfare Agency appointed by the
Secretary of the Health and Welfare Agency.
   (g) One appointed by the Speaker of the Assembly.
   (h) One appointed by the President pro Tempore of the California
Senate.
   (i) One from the National Huntington's Disease Association.
   (j) One from the Committee to Combat Huntington's Disease.
   Except as otherwise provided in this section, members of the
committee shall be appointed by the director, who shall make the
appointments based upon recommendations from the entity or
organization represented.
   The members of the committee shall serve at the pleasure of the
appointing power.  The members of the committee shall serve without
compensation, but shall be reimbursed for necessary and travel
expenses incurred in the performance of the duties on the committee.

   The Scientific Advisory Review Committee is hereby abolished one
year after the grants under this article have been made by the
director.
   125240.  Pursuant to the rules or criteria as the director may
deem necessary, the Scientific Advisory Review Committee shall review
and recommend approval of grant applications and monitor programs
receiving grants under this article.
   125245.  The director may make grants as follows:
   (a) Individual research grants to scientists and facilities
residing in this state that have research experience with basic and
clinical investigations on Huntington's disease and related
disorders.  Individual research grants shall not exceed twenty
thousand dollars ($20,000).
   (b) Interdisciplinary workshop grants to scientists and facilities
for the purposes of facilitating interchange among an
interdisciplinary group of investigators regarding problems in the
treatment and care of patients as well as basic research, all of
which may be applicable to a variety of genetic or neuro-degenerative
disorders in addition to Huntington's disease.  Individual workshop
grants shall not exceed twelve thousand five hundred dollars
($12,500).
   125250.  Not more than 10 percent of any money appropriated for
purposes of this article shall be utilized for the administration of
this article.

      Article 4.  Alzheimer's Disease

   125275.  (a) The Legislature finds that Alzheimer's disease, a
devastating disease that destroys certain vital cells of the brain,
affects more than 1,500,000 Americans.  The Legislature also finds
that Alzheimer's disease and related disorders are responsible for 50
percent of all nursing home admissions and Alzheimer's disease is
the fourth leading cause of death in adults.  The Legislature
recognizes that the disease has serious emotional, financial, and
social consequences for its victims and their families.
   (b) The Legislature recognizes that the cause of Alzheimer's
disease is presently unknown, and there is no established treatment
that can cure, reverse, or stop the progression of Alzheimer's
disease.  The Legislature also recognizes that research is the only
hope for victims and families.  The Legislature finds that existing
diagnostic and treatment centers have improved the quality of care
available to the victims of Alzheimer's disease and increased
knowledge with respect to Alzheimer's disease and related disorders.
These centers provide clinical opportunities for research and
facilitate the collection of essential data regarding Alzheimer's
disease and related disorders, while at the same time providing
valuable services such as information and referral, counseling, and
training to victims and their families.  It is the intent of the
Legislature, in enacting this article, to encourage the establishment
of geographically dispersed diagnostic and treatment centers for
Alzheimer's disease within every postsecondary higher educational
institution with a medical center, and to encourage research to
discover the cause of, and a cure for, Alzheimer's disease.
   (c) The functions of the diagnostic and treatment centers shall be
designed to serve all of the following purposes:
   (1) To provide diagnostic and treatment services and improve the
quality of care to victims of Alzheimer's disease.
   (2) To increase research by faculty and students in discovering
the cause of, and a cure for, Alzheimer's disease.
   (3) To provide training, monitoring, consultation, and continuing
education to the families of those who are affected by Alzheimer's
disease.
   (4) To increase the training of health care professionals with
respect to Alzheimer's disease.
   125280.  (a) Any postsecondary higher educational institution with
a medical center may establish diagnostic and treatment centers for
Alzheimer's disease subject to the department's grants review
process.
   (b) The department shall administer grants to postsecondary higher
educational institutions that establish diagnostic and treatment
centers pursuant to subdivision (a).
   (c) Funds appropriated for the purposes of this article by the
Statutes of 1987 shall first be used to maintain and enhance, as
determined by the department, existing centers and to prevent program
cutbacks under subdivision (b).
   (d) Alzheimer's disease grants for the purpose of establishing a
diagnostic and treatment center shall be used only for the purposes
of this article, including, but not limited to, all of the following:

   (1) Salary and benefits for faculty, residents, fellows, and staff
of the diagnostic and treatment center.
   (2) Costs of supplies and equipment.
   (3) Research grants for faculty research to discover the cause of,
and a cure for, Alzheimer's disease.
                                   (4) Research grants for students,
residents, and fellows.
   (5) General administrative costs of up to 8 percent of the total
grant.
   (e) The department shall establish criteria for requests for
Alzheimer's disease diagnostic and treatment center grants and
Alzheimer's disease research grants, and for program evaluation.
   (f) No grant awarded pursuant to this article shall be approved
for any amount that exceeds 25 percent of the total amount of funds
appropriated for this purpose in the 1987-88 Regular Session of the
Legislature.
   (g) The department shall administer a grant program for the
purpose of research into the causes, treatment, cure, strategies for
coping with, prevention, incidence, and prevalence of Alzheimer's
disease and related disorders.  Priority shall be given to grant
applications for feasibility studies, startup grants, and matching
funds for federal and privately funded research grants.
Consideration shall be given to proposals that link service delivery
and collect data relative to patient care and the delivery of social
services.  This research may include, but is not limited to,
examinations and recommendations for the improvement of the family,
community-based and health care support systems available to
Alzheimer's disease victims, and their caregivers.
   (h) Upon request, the department shall make available to the
Legislature information regarding the progress of the grant programs
established pursuant to this article.
   (i) The department shall reduce any grant pursuant to this article
by the amount of any federal funds available for the same purposes
to the same grantee.

      PART 6.  HOSPITALS (Reserved)
      PART 7.  CHRONIC DISEASE SERVICES
      CHAPTER 1.  KIDNEY DISEASES-CHRONIC UREMIA

   125500.  (a) Up to four regional dialysis centers with up to two
in the northern and up to two in the southern part of the state,
shall be established for the treatment of persons suffering from
chronic uremia.  Each center shall be located in a metropolitan area
and shall have an affiliation with a large hospital or medical
school, but shall not be necessarily a physical part of the
institution.  These institutions, however, shall be able to provide a
full range of medical, surgical and rehabilitation services.  The
department shall only act as a granting agency for state funds that
are appropriated for the establishment and the continuation of the
four centers.  The department, upon the advice of the review
committee that is provided for by Section 125515, may contract with
any hospital or medical care institution for the administration and
operation of one of the regional dialysis centers.  It is not the
intent of this section that any new hospital or medical school be
established.
   (b) Any moneys appropriated by Chapter 1416 of the Statutes of
1972 may be used either in existing dialysis and kidney
transplantation programs for children or to establish new programs
for such purposes.  Any new or existing dialysis center funded
pursuant to this subdivision shall provide for children the same
center dialysis, home dialysis, and outpatient clinic services as are
provided under Section 125530.  Any new center funded pursuant to
this subdivision shall be designated as a pediatric renal failure
center.  Funds granted for aid to children under this subdivision
shall be based upon need as determined by the Renal Dialysis Review
Committee established pursuant to Section 125515 and an evaluation by
the department of a county's ability to fund their one-fourth share
of a child's care under the Crippled Children's Services Program.
The funds shall only cover costs not recoverable from direct or third
party payments.  A pediatric renal failure center may use funds
provided under this subdivision for payment of costs for kidney
transplantation services at any hospital that is authorized to
perform these services by the department.  For purposes of this
subdivision, a child is any person 18 years of age or under.
   125505.  The dialysis centers shall be designed primarily to
provide lifesaving dialysis services to approximately 30 patients in
each center.  Funds shall be provided for developing home dialysis
treatment services for approximately 20 patients in each center and
the necessary specialized personnel and equipment to operate each
center.  Funds for construction of the centers shall also be
provided.  The centers shall develop and utilize newer methods of
dialysis designed to make the process more efficient and economical
and shall take into account other applications of the procedure such
as home dialysis.  Centers may seek the active participation and
consultation from industry in order to streamline equipment and
procedures for greater efficiency.
   125510.  The dialysis centers shall also serve to provide training
for medical and nursing personnel who will carry out dialysis
services in other communities in the state.  The dialysis centers may
also work in close cooperation with other medical specialists who
are seeking ways to develop successful means of kidney
transplantation.  Dialysis services are necessary as an adjunct to
this type of medical investigation.
   125515.  The director shall appoint a review committee, upon
nomination of the represented party, not to exceed nine members, at
least four of whom shall be physicians, including at least one
physician specializing in kidney transplantation and at least two
physicians specializing in pediatric nephrology, one member to
represent the University of California, one to represent a private
organization or organizations concerned with kidney disease in
California, one to represent the department, and two members to
represent the lay public.  The chairman of the committee shall be
appointed by the Governor.  This committee shall establish standards
for the expenditure of state funds that are provided for the
establishment and support of regional dialysis and transplantation
centers to assure the availability of specialized personnel,
resources, and equipment necessary to enable the centers to function
and care for patients with severe uremia.  The director shall choose
from a list provided by the review committee the institutions that
qualify under the standards established to receive grants of state
funds to establish and continue a regional dialysis center.  The
review committee shall also examine periodically the performance of
established regional dialysis centers and recommend continuation
grants to the director.  The members of the review committee shall
serve for a two-year period and may be reappointed.  Not more than
half the membership of the committee shall be changed during any one
year.  The committee shall serve without compensation, but shall
receive their necessary travel expenses.
   125520.  The dialysis centers may also receive and make use of any
outside source of funds that may become available from federal,
voluntary, philanthropic, or other sources in order to augment state
funds.
   125525.  No resident of this state shall be denied treatment in
any of the regional dialysis centers because of his or her place of
residence, so long as he or she is able to transport himself to the
center.
   125530.  The funds that are provided by the state shall only be
expended for the construction and equipment of the regional dialysis
centers; equipment for and development of, home dialysis services;
training of personnel and other expenses incident to the activation
of the regional centers; services of dialysis and directly associated
procedures; and treatment of complications that may result from
dialysis.  These funds shall not be utilized to pay for general
medical care services that should come from private, local, other
state or federal sources.
   125535.  The department succeeds to and is vested with the duties,
purposes, responsibilities, and jurisdiction heretofore exercised by
the Department of Benefit Payments with respect to the payment of
grants to and audit responsibility for regional dialysis centers
under this chapter and for home dialysis training centers under
Chapter 2 (commencing with Section 125550).
   125540.  The department shall have possession and control of all
records, papers, equipment, and supplies held for the benefit or use
of the Director of Benefit Payments in the performance of his or her
duties, powers, purposes, responsibilities, and jurisdiction that are
vested in the department by Section 125535.
   125545.  All officers and employees of the Director of Benefit
Payments who, on July 1, 1978, are serving in the state civil
service, other than as temporary employees, and engaged in the
performance of a function vested in the department by Section 125535
shall be transferred to the department.  The status, positions, and
rights of those persons shall not be affected by the transfer and
shall be retained by them as officers and employees of the department
pursuant to the State Civil Service Act, except as to positions
exempt from civil service.

      CHAPTER 2.  HOME DIALYSIS TRAINING CENTER

   125550.  Up to three home dialysis training centers shall be
established for the purpose of training persons suffering from
chronic uremia for home dialysis.  Each center shall have an
affiliation with a large hospital or medical school, but shall
utilize the most economical facilities for treatment.  These
institutions, however, shall be able to provide a full range of home
dialysis training services.  The department and the review committee
established pursuant to Section 125515 shall exercise over the home
dialysis training centers the same powers they exercise, pursuant to
Chapter 1 (commencing with Section 125500), over regional dialysis
centers.
   125555.  Each center shall contain approximately four dialysis bed
units.  The department shall grant to each center fifty thousand
dollars ($50,000) during the first year, twenty-five thousand dollars
($25,000) during the second year, and twelve thousand five hundred
dollars ($12,500) during the third year.  The department shall grant
to each center not to exceed five thousand dollars ($5,000) in the
first year for the purchasing or leasing of equipment and not to
exceed two thousand five hundred dollars ($2,500) in the first year
for construction or remodeling of the physical facility.

      PART 8.  ADULT HEALTH (Reserved)
      PART 9.  OTHER (Reserved)

  SEC. 9.  Division 107 (commencing with Section 127000) is added to
the Health and Safety Code, to read:

      DIVISION 107.  STATEWIDE HEALTH PLANNING AND DEVELOPMENT
      PART 1.  OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT
      CHAPTER 1.  GENERAL PROVISIONS

   127000.  There is in the state government, in the Health and
Welfare Agency, an Office of Statewide Health Planning and
Development.
   127005.  The office is under the control of an executive officer
known as the Director of Statewide Health Planning and Development,
who shall be appointed by the Governor, subject to confirmation by
the Senate, and hold office at the pleasure of the Governor.  He or
she 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.
   127010.  The director of the office 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.
   127015.  The office succeeds to and is vested with all the duties,
powers, purposes, responsibilities, and jurisdiction of the State
Department of Health relating to health planning and research
development.  The office shall assume the functions and
responsibilities of the Facilities Construction Unit of the former
State Department of Health, including, but not limited to, those
functions and responsibilities performed pursuant to the following
provisions of law:
   Chapter 1 (commencing with Section 127125) of Part 2, Article 1
(commencing with Section 127750) of Chapter 1, Article 3 (commencing
with Section 127975) of Chapter 2, and Article 1 (commencing with
Section 128125) of Chapter 3 of Part 3, Part 6 (commencing with
Section 129000) and Part 7 (commencing with Section 129675) of this
division, Sections 104650, 104655, and Section 127050; Chapter 10
(commencing with Section 1770) of Division 2; and Section 13113.
   127020.  All regulations heretofore adopted by the State
Department of Health that relate to functions vested in the office
and that are 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 by the office.
   127025.  The office may use the unexpended balance of funds
available for use in connection with the performance of the functions
of the State Department of Health transferred to the office pursuant
to Section 127015.
   127030.  All officers and employees of the State Department of
Health, who, on July 1, 1978, are serving in the state civil service,
other than as temporary employees, and engaged in the performance of
a function vested in the Office of Statewide Planning and
Development by Section 127015 shall be transferred to the office.
The status, positions, and rights of these persons shall not be
affected by the transfer and shall be retained by them as officers
and employees of the office, pursuant to the State Civil Service Act
except as to positions exempted from civil service.
   127035.  The office shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, land or other property, real or personal, held for
the benefit or use of the State Department of Health for the
performance of functions transferred to the office by Section 127015.

   127040.  All officers or employees of the office employed after
the operative date of this section shall be appointed by the director
of the office.
   127045.  The office may enter into agreements and contracts with
any person, department, agency, corporation, or legal entity that are
necessary to carry out the functions vested in the office by this
article, Article 1 (commencing with Section 127875), Article 2
(commencing with Section 127900), Article 5 (commencing with Section
128050) of Chapter 2, Article 2 (commencing with Section 128375), and
Article 3 (commencing with Section 128425) of Chapter 5 of Part 3.

   127050.  (a) As used in this section, "nonprofit hospital" means a
general acute care hospital or an acute psychiatric hospital owned
and operated by a fund, foundation, or corporation, no part of the
net earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
   (b) A nonprofit hospital may exercise the right of eminent domain
to acquire property necessary for the establishment, operation, or
expansion of the nonprofit hospital if both of the following
requirements are satisfied:
   (1) The property to be acquired by eminent domain is adjacent to
other property used or to be used for the establishment, operation,
or expansion of the nonprofit hospital.
   (2) The director of the office has certified, after the public
hearing required by subdivision (c), all of the following:
   (A) The acquisition of the property sought to be condemned is
necessary for the establishment, operation, or expansion of the
nonprofit hospital.
   (B) The public interest and necessity require the proposed
project.
   (C) The proposed project is planned or located in the manner that
will be most compatible with the greatest public good and the least
private injury.
   (c) The director of the office shall adopt reasonable regulations
that will provide for a public hearing to be conducted by a hearing
officer in accordance with Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code in the area
where the hospital is located to determine the necessity of the
proposed project and of any acquisition of property for the project.
Written notice of the hearing shall be given to the voluntary area
health planning agency, if one exists, in the area where the hospital
is located.  The voluntary area health planning agency so notified
shall make its recommendations to the hearing officer within 90 days
from the receipt of notice.  No hearing shall be held prior to the
expiration of the 90-day period unless the hearing officer has
received the recommendations of the voluntary area health planning
agency.  At the public hearing, the hearing officer shall ensure that
the hearing, in part at least, considers the impact of the proposed
project upon the delivery of health care services in the community
and upon the environment, as gathered from an environmental impact
report.  The applicant and all interested parties to the acquisition,
including the voluntary area health planning agency, have the right
to representation by counsel, the right to present oral and written
evidence, and the right to confront and cross-examine opposing
witnesses.  A transcript of the public hearing shall be filed with
the director of the office as a public record.

      PART 2.  HEALTH POLICY AND PLANNING
      CHAPTER 1.  HEALTH PLANNING

   127125.  As used in this chapter, "office" means the Office of
Statewide Health Planning and Development and "office director" means
the director of the office.
   Any reference in this chapter to the State Department of Health,
the department, the state department, or the Director of Health shall
be deemed a reference to the office in the Health and Welfare
Agency.
   127130.  For the purposes of this chapter:
   (a) "Health maintenance organization" or "HMO" means a public or
private organization, organized under the laws of this state, that:
   (1) Provides or otherwise makes available to enrolled participants
health care services, including at least the following basic health
care services:  usual physician services, hospitalization,
laboratory, X-ray, emergency and preventive services, and out-of-area
coverage.
   (2) Is compensated (except for copayments) for the provision of
basic health care services listed in paragraph (1) to enrolled
participants on a predetermined periodic rate basis.
   (3) Provides physician services primarily (i) directly through
physicians who are either employees or partners of the organization,
or (ii) through arrangements with individual physicians or one or
more groups of physicians (organized on a group practice or
individual practice basis).
   (4) Is not a corporation organized or operating pursuant to
Section 10810 of the Corporations Code.
   (b) "Health maintenance organization for which assistance may be
provided under Title XIII" means an HMO that is qualified under
Section 1310(d) of Title XIII of the federal Public Health Service
Act, or an HMO that the Secretary of Health, Education and Welfare
determines, upon the basis of an application and the submission of
any information and assurance that he or she finds necessary, may be
eligible for assistance under Title XIII of the act.
   127135.  Any reference in any code to the Health Planning Council,
the Health Review and Program Council, or the State Board of Public
Health, with respect to functions thereof that are advisory, shall be
deemed a reference to the Advisory Health Council.
   127140.  (a) In order to effectively implement this chapter, the
Legislature finds that it is indispensable that providers of health
care be free to engage in voluntary, cooperative efforts with
consumers, government, or other providers of health care to fulfill
the purposes of the health planning laws.
   (b) Approved plans and projects undertaken in compliance with
those plans, as provided in Sections 437.20, 437.21, 437.22, and
437.23 are exempt from Chapter 1 (commencing with Section 16600),
Chapter 2 (commencing with Section 16700), Chapter 3 (commencing with
Section 16900), and Chapter 4 (commencing with Section 17000) of
Part 2 of Division 7 of the Business and Professions Code.
   (c) In the case of a project that, on or before January 1, 1987,
is included in the Tulare County countywide long-range capital
investment plan, that is contained in the "April 1983 Multi-Hospital
Capital Investment and Master Plan," as amended by the April 1986
update, the exemptions set forth in subdivision (b) shall apply even
though the project is not undertaken until after January 1, 1987.
   127145.  (a) The Advisory Health Council, with the recommendation
of the department, shall approve the statewide health facility and
services plan adopted pursuant to subdivision (b) of Section 127155.

   (b) The Advisory Health Council shall advise the department in the
conduct of its health planning activities and in the setting of
priorities in accordance with the statewide health facility and
services plan adopted pursuant to subdivision (b) of Section 127155.

   (c) Public agencies shall furnish to the Advisory Health Council,
upon request, data on health programs pertinent to effective planning
and coordination.
   (d) The Advisory Health Council shall act as the appeals body
pursuant to Section 127250 regarding applications for a certificate
of need filed pursuant to this chapter.
   127150.  (a) The office director shall adopt regulations for the
implementation of this chapter.
   (b) Notwithstanding any other provision of this chapter to the
contrary, the office director may suspend the operation of any or all
of the following provisions or requirements of this chapter:
   (1) The administrative appeals process for certificate-of-need
applications established by Sections 127250 to 127270, inclusive.
Nothing in this section shall be construed, however, to limit the
availability of judicial review of a decision of the office director
or of the Advisory Health Council as provided in Section 127275.
   (2) The notification of intent required by Section 127225.
   (c) It is the intent of the Legislature that the office and the
area health planning agencies shall not implement the requirements of
subdivisions (g) and (h) of Section 1513 of the Public Health
Service Act.  To the extent required by federal law, the office and
area health planning agencies shall request from the Secretary of the
United States Department of Health and Human Services a waiver from
those requirements.
   (d) The Governor shall not execute an agreement with the Secretary
of the United States Department of Health and Human Services
pursuant to Section 1122 of Public Law 92-603 as the section existed
on January 1, 1981.
   127155.  The Advisory Health Council shall evaluate and shall
designate annually no more than one area health planning agency for
any area of the state designated by the council.  An area health
planning agency shall be incorporated as a nonprofit corporation and
controlled by a board of directors consisting of a majority
representing the public and local government as consumers of health
services with the balance being broadly representative of the
providers of health services and the health professions, or
alternatively be a health systems agency established pursuant to
Public Law 93-641.  The functions of area health planning agencies
are all of the following:
   (a) To review information on utilization of hospitals and related
health facilities.
   (b) To develop area plans to be used for the determination of
community need and desirability of projects specified in Section
127170, consistent with the regulations adopted by the office
pursuant to Section 127160.  Each plan shall become effective upon a
determination by the council that the plan is in conformance with
regulations adopted pursuant to Section 127160.  The council shall
integrate all area plans into a single Statewide Health Facilities
and Services Plan that shall become effective upon formal adoption by
the council.
   (c) To conduct public meetings where providers of health care and
consumers will be encouraged to participate.
   (d) Area health planning agencies shall comply with all of the
following requirements:
   (1) The governing body of the agency shall, to the extent
feasible, be composed of individuals representative of the major
social, economic, linguistic, and racial populations, and geographic
areas, within the area served by the agency.
   (2) The agency shall hold public meetings and hearings only after
reasonable public notice.  This notice shall, to the extent feasible,
be publicized directly to those who, as determined by the director,
are medically underserved and are in other ways denied equal access
to good medical care.
   (3) The agency shall file with the Advisory Health Council an
affirmative action employment plan approved by the office.
   Area health planning agencies may divide their areas into local
areas for purposes of more effective health facility planning, with
the approval of the Advisory Health Council.  These local areas shall
be of a geographic size and contain adequate population to ensure a
broad base for planning decisions.  Each local area shall contain a
local health planning agency that shall meet the requirements of this
section.
   An organization that meets the requirements of this section may
make application to its area health planning agency for designation
as a local health planning agency for a designated area.  Within 45
days after a complete application for designation has been received,
the area agency shall reach a decision concerning the application.
   Each area health planning agency existing on the operative date of
amendments to this section enacted during the 1976 portion of the
1975-76 Regular Session of the Legislature shall continue to function
as an area planning agency pursuant to this chapter, until one or
more designated health systems agencies are fully operational, as
determined by the Advisory Health Council in the area served, or
formerly served, by the respective area health planning agency.
   If the Advisory Health Council determines that an area health
planning agency approved under this section is dissolved or unable to
carry out the functions required by this chapter, the office shall
fulfill the responsibilities of an area health planning agency
pursuant to this chapter in the area until another area health
planning agency is designated by the Advisory Health Council for the
area and becomes fully operational.
   Adoption of regulations setting forth administrative procedures
for area and local area health planning agencies shall be made by the
office pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.

    127160.  The office shall adopt regulations setting forth
statewide policies for area health planning agencies in the
performance of their responsibilities under Section 127155.
   In adopting the regulations, the office shall, with the advice of
the Advisory Health Council, consider the following factors, and may
consider other factors not inconsistent with the following:
   (a) The need for health care services in the area and the
requirements of the population to be served, including evaluation of
current utilization patterns.
   (b) The availability and adequacy of health care services in the
area's existing facilities that currently conform to federal and
state standards.
   (c) The availability and adequacy of services in the area such as
preadmission, ambulatory or home care services that may serve as
alternatives or substitutes for care in health facilities.
   (d) The possible economies and improvement in service that may be
derived from the following:
   (1) Operation of joint, cooperative, or shared health care
resources.
   (2) Maximum utilization of health facilities consistent with the
appropriate levels of care, including, but not limited to, intensive
care, acute general care, and skilled nursing care.
   (3) Development of medical group practices, especially those
providing services appropriately coordinated or integrated with
institutional health service, and development of health maintenance
organizations.
   (e) The development of comprehensive services for the community to
be served.  These services may be either direct or indirect through
formal affiliation with other health programs in the area, and
include preventive, diagnostic, treatment and rehabilitation
services.  Preference shall be given to health facilities that will
provide the most comprehensive health services and include outpatient
and other integrated services useful and convenient to the operation
of the facility and the community.
   (f) The needs or reasonably anticipated needs of special
populations, including members of a comprehensive group practice
prepayment health care service plan, members of a religious body or
denomination who desire to receive care and treatment in accordance
with their religious conviction, or persons otherwise contracted or
enrolled under extended health care arrangements, including life-care
agreements pursuant to Chapter 10 (commencing with Section 1770),
Division 2 of the Health and Safety Code.
   (g) The special needs and circumstances of those entities that
provide a substantial portion of their services or resources, or
both, to individuals not residing in the health service areas where
the entities are located.  These entities may include medical and
other health professional schools, multidisciplinary clinics, and
specialty centers.
   With respect to the determination of unmet need in the community
or the adverse effect of new or expanded surgical clinics on the
utilization of operating rooms in hospitals, it is not the intent of
the Legislature to limit the expansion of surgical clinics when the
hospitals have not made efforts to fully utilize their ambulatory
operating capacity and to provide ambulatory surgical services at a
reasonable cost to the community.
   127165.  (a) The basis for decisions by the office on applications
for certificates of need filed pursuant to this chapter shall be:
   (1) The Statewide Health Facilities and Services Plan specified in
subdivision (b) of Section 127155.
   (2) The statewide policies developed pursuant to Section 127160.
   (b) The office shall annually update the statistical information
used in the determination of resource requirements in the Statewide
Health Facilities and Services Plan and shall update this statistical
information more frequently when new data is available.  These data
updates shall include, but not be limited to, population estimates,
utilization data, changes in the inventory, and other statistical
information used in the determination of resource requirements.  This
data shall be incorporated into the Statewide Health Facilities and
Services Plan by operation of law and without the necessity of
following the procedures set forth in Chapter 3.5 (commencing with
Section 11340) of Title 2 of Division 3 of the Government Code.
   127170.  Except as otherwise exempted by any other provision of
law, projects requiring a certificate of need issued by the office
are the following:
   (a) Construction of a new health facility, relocation of a health
facility or specialty clinic on a site that is not the same site or
adjacent thereto, the increase of bed capacity in an existing health
facility, the conversion of an entire existing health facility from
one license category to another, or the conversion of a health
facility's existing beds from any bed classification set forth in
Section 1250.1 to skilled nursing beds, psychiatric beds, or
intermediate care beds, and the conversion of skilled nursing beds,
psychiatric beds, or intermediate care beds to any other bed
classification set forth in Section 1250.1, except for skilled
nursing beds or intermediate care beds licensed as of March 1, 1983,
as part of a general acute care hospital.  The conversion may not
exceed during any three-year period 5 percent of the existing beds of
the bed classification to which the conversion is made.
   A health facility may use beds in one bed classification that,
pursuant to the facility's license, have been designated in another
bed classification, if all of these bed classification changes do not
at any time exceed 5 percent of the total number of the facility's
beds as set forth by the facility's license and if this use meets the
requirements of Chapter 2 (commencing with Section 1250) of Division
2.  In addition, a facility may use an additional 5 percent of its
beds in this manner if the director finds that seasonal fluctuations
justify it.
   For purposes of this subdivision, "adjacent," means real property
within a 400-yard radius of the site where a health facility or
specialty clinic currently exists.
   (b) Establishment of a new specialty clinic, as defined in
paragraphs (1) and (3) of subdivision (b) of Section 1204, a project
by a health facility for expanded outpatient surgical capacity, the
conversion of an existing primary care clinic to a specialty clinic,
or the conversion of an existing specialty clinic to a different
category of specialty-clinic licensure.  It does not constitute a
project and no certificate of need is required for the establishment
of a primary care clinic, as defined in subdivision (a) of Section
1204, the conversion of an existing specialty clinic to a primary
care clinic, or the conversion of an existing primary care clinic to
a different category of primary-care-clinic licensure.  Any capital
expenditure involved in the establishment of a primary care clinic
also does not constitute a project, except as provided in subdivision
(d).
   (c) The establishment of a new special service delineated in
subdivision (a), (b), (c), (e), (f), (g), or (h) of Section 1255, or
the establishment by a specialty clinic, as defined in paragraphs (1)
and (3) of subdivision (b) of Section 1204, of a new special service
identified by or pursuant to Section 1203.
   (d) The initial purchase or lease by a clinic subject to licensure
under Chapter 1 (commencing with Section 1200) of Division 2, of
diagnostic or therapeutic equipment with a value in excess of one
million dollars ($1,000,000) in a single fiscal year, or where the
cumulative cost exceeds this amount in more than one fiscal year.
For purposes of this subdivision, the purchase or lease of one or
more articles of functionally related diagnostic or therapeutic
equipment, as determined by the office, shall be considered together.

   (e) (1) Any project requiring a capital expenditure for a
specialty clinic, as defined in paragraphs (1) and (3) of subdivision
(b) of Section 1204, or for the services, equipment or modernization
of a specialty clinic in excess of one million dollars ($1,000,000)
in the current fiscal year or cumulation to an expenditure of one
million dollars ($1,000,000) in the same fiscal year or subsequent
fiscal years for a single project.
   (2) The threshold exemptions from certificate-of-need requirements
provided for in this subdivision do not apply to projects for
expanded outpatient surgical capacity.
   (3) For the purposes of this subdivision, "capital expenditure"
means any of the following:
   (A) An expenditure, including an expenditure for a construction
project undertaken by the specialty clinic as its own contractor,
that under generally accepted accounting principles is not properly
chargeable as an expense of operation and maintenance and that
exceeds one million dollars ($1,000,000).  The cost of studies,
surveys, legal fees, land, offsite improvements, designs, plans,
working drawings, specifications, and other activities essential to
the acquisition, improvement, expansion, or replacement of the
physical plant and equipment for which the expenditure is made shall
be included in determining whether the cost exceeds one million
dollars ($1,000,000).  Where the estimated cost of a proposed
project, including cost escalation factors appropriate to the area
where the project is located, is, within 60 days of the date that the
obligation for the expenditure is incurred, certified by a licensed
architect or engineer to be one million dollars ($1,000,000) or less,
that expenditure shall be deemed not to exceed one million dollars
($1,000,000) regardless of the actual cost of the project.  However,
in any case where the actual cost of the project exceeds one million
dollars ($1,000,000) the specialty clinic on whose behalf the
expenditure is made shall provide written notification of the cost to
the office not more than 30 days after the date that the expenditure
is incurred.  The notification shall include a copy of the certified
estimate.
   (B) The acquisition, under lease or comparable arrangement, or
through donation, of equipment for a specialty clinic, the
expenditure for which would have been considered a capital
expenditure if the person had acquired it by purchase.  For the
purposes of this paragraph, "donation" does not include a bequest.
   (C) Any change in a proposed capital expenditure that meets the
criteria set forth in this subdivision.
   (4) "Capital expenditure" includes the total cost of the proposed
project as certified by a licensed architect or engineer based on
preliminary plans or specifications and concurred in by the state
department.
   (5) For the purposes of this subdivision, "project" does not
include the purchase of real property for future use or the transfer
of ownership, in whole or part, of an existing specialty clinic or
the acquisition of all or substantially all of the assets or stock
thereof, or the construction, modernization, purchase, lease, or
other acquisition of parking lots or parking structures, telephone
systems, and nonclinical data-processing systems.
   (6) For the purposes of this subdivision, "modernization" means
the alteration, expansion, repair, remodeling, replacement, or
renovation of existing buildings, including initial equipment
thereof, and the replacement of equipment of existing buildings.
   (f) Except as provided in subdivision (g), only those projects
where 25 percent or less of the patients are covered by prepaid
health care.
   (g) Projects otherwise subject to review under subdivision (a)
that are for the addition of new licensed skilled nursing beds by
construction or conversion, regardless of the percentage of patients
served who are covered by prepaid health care.
   (h) (1) Except as provided in paragraph (2), the office shall
annually adjust the dollar thresholds set forth in subdivisions (d)
and (e) to reflect changes in the cost of living, as determined by
the Department of Finance, using 1981 as the base year.
   (2) Notwithstanding the amount of the dollar thresholds specified
in paragraph (1), in the event Congress increases or repeals the
amount or amounts of the thresholds, the dollar thresholds set forth
in subdivisions (d) and (e) shall be the highest amount or amounts
permitted by Public Law 93-641, as amended, or one million dollars
($1,000,000), whichever is less, on the date congressional action is
effective.
   (i) This section is not applicable to an intermediate care
facility/developmentally disabled habilitative or an intermediate
care facility/developmentally disabled--nursing.
   127175.  (a) The office shall exempt from Sections 127210 to
127275, inclusive, and shall issue a certificate of exemption for
those projects that were not previously subject to review under
Section 127155 prior to the effective date of this section where the
applicant has shown and the office director has found all of the
following:
   (1) The applicant has, prior to the effective date of this
section, committed or incurred a financial obligation, including any
obligation payable by force account, that is certified by a licensed
architect or engineer to be 10 percent of the cost of the total
project, or seventy-five thousand dollars ($75,000), whichever is
less.
   (2) The project cannot be terminated without substantial economic
loss to the applicant.
   (3) Except with respect to projects set forth in subdivision (d)
of Section 127170, the project was commenced prior to the effective
date of this section and is being diligently pursued to completion.
   (4) The applicant has filed a notice of the project with the
office on forms  supplied by the office within 60 days of the
effective date of this section.
   For the purposes of this subdivision, "project" shall mean any
project set forth in Section 127170, and the term "financial
obligation" shall include cost factors set forth in the definition of
"capital expenditure" in Section 127170.
   Within 120 days of the effective date of this section, the office
shall determine in public hearing the applications that are entitled
to an exemption under this subdivision.
   (b) In addition, the office shall exempt from Sections 127210 to
127275, inclusive, and shall issue a certificate of need for those
projects where the applicant has shown and the office director has
found one of the following:
   (1) The project is necessary solely to replace health care
services that are no longer available at the facility because of a
disaster or other emergency.
   (2) The project is solely for the purpose of complying with
requirements of law or regulations.
   (3) The project was the subject of an application submitted to an
area health planning agency prior to the effective date of this
section.  These applications shall be processed and decided in the
manner prescribed by this chapter as it existed immediately prior to
the operative date of this section, except that any petition for
appeal of a decision or lack of decision the area health planning
agency rendered after the effective date of this section shall be
made directly to the Advisory Health Council.
   (4) The project is to add not more than 10 percent of licensed bed
capacity or 10 beds, whichever is less, to an existing general acute
care hospital, an existing acute psychiatric hospital, an existing
special hospital, an existing general acute care/rehabilitating
hospital, or an existing chemical dependency recovery hospital, where
the applicant has shown and the office director has found that:
   (A) The applicant hospital has not been granted a certificate of
exemption pursuant to this provision or pursuant to Section 437.112,
as Section 437.112 existed on January 1, 1982, within the last
preceding 24 months.
   (B) The applicant hospital has had an occupancy rate for the
classification of beds to be added, and for the facility as a whole,
for the preceding 12-month period, of not less than 85 percent.
   (C) The facility is accessible to persons for whom the cost of
care is reimbursed under Chapter 7 (commencing with Section 14000) of
Part 3 of Division 9 of the Welfare and Institutions Code.  In the
case of an acute psychiatric hospital, the showing required by this
subparagraph shall be limited to those categories of patients for
whom acute psychiatric hospitals are eligible to receive
reimbursement under Chapter 7 (commencing with Section 14000) of Part
3 of Division 9 of the Welfare and Institutions Code.
   (5) The project is to add not more than five beds to an existing
skilled nursing facility that is operated as a distinct part of a
primary health service hospital, as defined in Section 1339.9 that
participates in Medi-Cal programs, provided that all of the following
conditions exist:
   (A) At the time of the application, the Statewide Health Facility
and Services Plan indicates a need for the proposed number of beds,
taking into account the number of approved beds in the health
facilities planning area where the project is located including beds
approved pursuant to this subdivision.
   (B) The applicant skilled nursing facility has had at least a 95
percent occupancy rate for existing beds for the 12 months preceding
the submission of an application.
   (C) The applicant facility has not been issued within the 12
months preceding application a citation for a class A violation or
more than one class B violation, as defined in Section 1424, that is
one of the following:
   (i) Uncontested.
   (ii) Contested, but not adjudicated.
   (iii) Contested, but sustained upon adjudication.
   In determining the current number of approved beds in the health
facilities planning area where the project is located, the office
shall count the number of beds for which applications for a
certificate of need have been deemed complete pursuant to Section
127220, before the effective date of the amendments to this section
enacted by the Statutes of 1983.
   The project shall not require a capital expenditure that exceeds
ten thousand dollars ($10,000), and only one project may be approved
for a facility in a 12-month period.  However, no facility shall
receive approval pursuant to this section for more than two projects.
  The office shall annually adjust this capital expenditure threshold
to reflect changes in the cost of living as determined by the
Department of Finance, using 1981 as the base year.
   Any certificate issued for projects shall expire if the applicant
does not complete the project within 12 months after issuance unless
the office, for good cause shown, extends the certificate.
   (c) A certificate of exemption issued pursuant to this section or
Section 1268 shall, for all purposes, have the same effect as a
certificate of need issued pursuant to this chapter.
   127180.  (a) In addition to the exemption required by Section
127175, the office director shall exempt Sections 127210 to 127275,
inclusive, and shall issue a certificate of exemption for those
projects where the applicant has shown, and the office director has
found, all of the following:
   (1) The conversion of a freestanding skilled nursing facility to a
chemical dependency recovery hospital, as defined in Section 1250.3,
where the project was commenced on or before September 15, 1981, and
provided that the person or entity proposing the project was, prior
to June 1, 1981, operating in this state a health facility, or
distinct part thereof, that provided 24 hours' chemical dependency
recovery hospital in-patient services as enumerated in Section 1250.3
under a direction of a medical director, and that the person or
entity was the owner or lessee of the facility to be converted prior
to June 1, 1981.  As used in this paragraph, "person" or "entity"
shall include collectively a corporation and any wholly owned
subsidiaries thereof.  "Commencement" means the submission of
drawings for the project to the local government having jurisdiction
containing substantially sufficient detail for the issuance of a
building permit or permits as required and submission of a written
declaration of intent for the project to the department on or before
September 15, 1981.
   (2) The project does not meet the construction standards
established by law or regulation for general acute care hospitals.
   (3) The applicant has filed a notice of the project with the
office director on or before September 15, 1981.
   (4) The applicant has filed a notice of the project with the
office director on forms supplied by the office director within 90
days of the effective date of this section.  The office director
shall inform the applicant in writing of his or her determination as
to eligibility of the application for a certificate of exemption
under this section within 60 days of receipt of a complete
application.
   (b) A certificate of exemption issued pursuant to this section
shall for all purposes have the same effect as a certificate of need
issued pursuant to this chapter.
   127185.  (a) In addition to the exemption required by Section
127175, the office director shall exempt from Sections 127210 to
127275, inclusive, and shall issue a certificate of need for those
projects where the applicant has shown and the office director has
found all of the following:
   (1) The project is for either of the following:
   (A) The conversion of a skilled nursing or community care
facility, or acute psychiatric hospital or a county funded
institution-based alcoholism program, certified by the Department of
Alcohol and Drug Programs pursuant to Section 11831 as a residential
treatment program, to a chemical dependency recovery hospital as
defined in subdivision (a) of Section 1250.3, and provided that the
facility to be converted has, prior to June 1, 1981, and continuously
thereafter, been used exclusively to provide 24-hour residential
chemical dependency recovery services, including the basic services
enumerated in Section 1250.3 under the direction of a medical
director.
   (B) The construction and licensure of a chemical dependency
recovery hospital where the project was commenced prior to June 1,
1981, and is being diligently pursued to completion, and provided
that the person or entity proposing the facility was, prior to June
1, 1981, operating in this state a skilled  nursing or community care
facility used exclusively for 24-hour residential chemical
dependency recovery services, including the basic services enumerated
in Section 1250.3, under the direction of a medical director.  As
used in this paragraph, "commencement of the project" means
acquisition of the site where the facility is to be located and
submission of drawings for the project to the local government having
jurisdiction containing substantially sufficient detail for the
issuance of a building permit or permits.
   (2) The project could not meet the construction standards
established by law or regulation for general acute care hospitals.
   (3) The applicant has filed a notice of the project with the
office director on forms supplied by the office director within 90
days of the effective date of this section.
   The office director shall inform the applicant in writing of his
or her determination as to eligibility of the application for a
certificate of need under this subdivision within 60 days of receipt
of a complete application.
   (b) In addition to the exemption required by Section 127175, the
office director shall exempt from Sections 127210 to 127275,
inclusive, and shall issue a certificate of need for a project for
the conversion of a portion of the authorized bed capacity of a
general acute care hospital in the classifications listed in Section
1250.1 to chemical dependency recovery beds as provided in
subdivision (h) of Section 1250.1, or for the conversion of a skilled
nursing facility to a chemical dependency recovery hospital as
defined in subdivision (a) of Section 1250.3, where the applicant has
shown and the office director has found all of the following:
   (1) Commencement of the project began prior to August 10, 1981,
and is being diligently pursued to completion.
   (2) The facility proposing a conversion was, prior to June 1,
1981, operating an alcoholism treatment program, including all the
basic services enumerated in Section 1250.3, under the direction of a
medical director, or the facility had obtained, prior to June 1,
1981, the services of a medical director and contracted with program
professionals for the conversion of the facility.
   As used in this subdivision, "commencement of the project" means a
written declaration by the governing body or administration of a
hospital of the intention to convert beds of other licensed
categories to usage as chemical dependency beds pursuant to
subdivision (f) of Section 1250.3 as it existed on August 10, 1981,
or a written declaration by the governing body or administration of a
skilled nursing facility of the intention to convert to a chemical
dependency recovery hospital.  The written declaration shall be
transmitted to the director by August 17, 1981.
   (c) Construction or remodeling necessary to enable a facility
exempted under this section to comply with applicable licensing
regulations shall be deemed to be eligible for exemption under
paragraph (2) of subdivision (b) of Section 127175.
   (d) A certificate of exemption issued pursuant to this section
shall, for all purposes, have the same effect as a certificate of
need issued pursuant to this chapter.
   127190.  Notwithstanding any other provision of this chapter, the
office shall exempt from Sections 127210 to 127275, inclusive, and
shall issue a certificate of need for, any health care project of a
health facility that agrees to provide free health care services to
indigents over a period of at least five years at a dollar value
equal to the dollar value of the exempted project at completion.  The
annual dollar value of the free care shall be at a level equal to at
least 10 percent of the project value as determined in the
agreement.  The free health care services shall be furnished in the
form of direct service or by reimbursement of costs incurred by other
facilities if an insufficient number of patients, as determined in
the agreement, are referred or present themselves for treatment to
account for the minimum 10 percent requirement.
   The provision of free care pursuant to this section shall be in
accordance with an agreement executed between the health facility
granted an exemption and the office.  If the health facility does not
meet the terms of the agreement, the department shall suspend the
license or special permit associated with the exempted project until
compliance with the terms is obtained.  The obligations imposed by
the agreement shall not be discharged by virtue of transfer of
ownership, but shall be
assumed by a new owner as a condition of transfer.
   "Free care," as used in this section, does not include either of
the following:
   (a) Bad debt unless the debtor makes specific application for
relief as an indigent.
   (b) Contractual allowances.
   127195.  Projects for freestanding outpatient surgery units that
only perform cataract surgery under the Medi-Cal program or a program
that provides over 25 percent of its services to patients covered by
prepaid health care are exempt from the certificate-of-need
requirement of this chapter.
   As used in this section and in paragraphs (f) and (g) of Section
127170, patients are covered by prepaid health care if they are
members of federally qualified health maintenance organizations.
   127200.  Taking into consideration the basis for decision set
forth in Section 127165:
   (a) The office may, in individual cases, grant certificates of
need for projects when it determines that one of the following is
applicable:
   (1) The applicant has provided evidence that the project will meet
the needs or reasonably anticipated needs of a special population
including members of a religious body or denomination who desire to
receive care and treatment in accordance with their religious
convictions.
   (2) The applicant has provided evidence that the project is or
will be necessary to meet the health needs or reasonably anticipated
health needs of adult residents of a nonprofit community care
facility, as defined by subdivision (a) of Section 1502, that is
owned by the applicant.
   (3) The applicant has provided evidence that, as a health
facility, it has developed community support for its services as
indicated by its current utilization patterns, and has provided
health care services for at least five years.
   (4) The applicant has provided evidence, when the project is for a
new health facility or an increase in bed capacity, that there will
be an equal or greater reduction in bed capacity in other health
facilities in the area.
   (5) The applicant has provided evidence that it will deliver the
service proposed to be offered as a result of the project in an
innovative and more competitive manner, or at a lower cost than the
service is provided by other facilities in the area, and has provided
evidence that the quality of care offered will be comparable to that
offered by other facilities in the area; or that as a health
facility, it serves a disproportionate volume of publicly funded
patients, or patients for whom the cost of health care is
uncompensated.  The office director shall, as he or she deems
appropriate, ensure fulfillment of the requirements of this
subdivision through conditions mutually agreed upon by the applicant
and the office.  This paragraph does not apply to projects for the
addition of licensed skilled nursing beds by construction or
conversion.
   If an applicant is requesting the exercise of discretion by the
office director pursuant to this paragraph, prior to granting a
certificate of need, the office director shall receive an evaluation
from the department assessing the potential negative financial impact
upon any county owned or operated general acute care hospital.  If
there is a significant negative potential financial impact, a
certificate of need shall not be granted.
   Nothing in this subdivision requires the office to grant
certificates of need as authorized by this section in any of the
above categories.
   (b) In the case of a project for a service to be provided by or
through a health maintenance organization for which assistance may be
provided under Title XIII, the office shall grant a certificate of
need for the project unless the office director finds that the
project is not needed by the enrolled or reasonably anticipated new
members of the HMO or proposed HMO or the beds or services to be
provided are available from non-HMO providers or other HMO's in a
reasonable and cost-effective manner that is consistent with the
basic method of operation of the HMO.
   For the purposes of subdivision (b), beds or services shall not be
considered available if they are any of the following:
   (1) Dispersed in more than one facility when the HMO's basic
method of operation is to provide services through medical centers
that consist of a hospital and medical offices at the same site.
   (2) Not available under a contract of at least five years'
duration, with an option to extend the contract for an additional
time period as is reasonably necessary for the HMO to obtain a
certificate of need and to construct and equip and begin operating
alternative beds or service, in the event the non-HMO provider or
other HMO gives notice that it intends to terminate the contract.
   (3) Not available under circumstances that would grant full and
equal staff privileges to an adequate number of physicians associated
with the HMO in appropriate specialties, or otherwise not
conveniently accessible through physicians and other health care
professionals associated with the HMO.
   (4) Not available in a manner that is administratively feasible to
the HMO.
   (5) More costly than if the services were provided by the HMO.
   In order to qualify under this section, a project that is proposed
to be provided by or through a health maintenance organization for
which assistance may be provided under Title XIII, and that consists
of or includes the construction, development, or establishment of a
new inpatient health care facility, shall be a facility that the
office determines will be utilized by members of the health
maintenance organization for at least 75 percent of the projected
annual inpatient days, as determined in accordance with the
recommended occupancy levels under the applicable health systems
plan.
   (c) In the case of a project for a service to be provided by or
through an HMO, the office shall not deny a certificate of need with
respect to the service (or otherwise make a finding that the service
is not needed) in those cases (1) when the office has granted a
certificate of need that authorized the development of the service,
or expenditures in preparation for the offering or development (or
has otherwise made a finding that the development or expenditure is
needed), and when the offering of this service will be consistent
with the basic objectives, time schedules, and plans of the
previously approved application.  However, the office may impose a
limitation on the duration of the certificate of need that shall
expire at the end of this time unless the health service is offered
prior thereto, or (2) solely because there is an HMO of the same type
in the same area, or solely because the services are not discussed
in the applicable health systems plan, annual implementation plan,
state health plan, or state medical facilities plan.
   (d) A project for a service to be provided by, or through, an HMO
that is subject to review under this chapter shall remain subject to
that review, unless the federal law states that an approved state
program shall not require a certificate of need for the project.
   The office shall establish uniform procedures and criteria for
approving applications under this section.
   127205.  (a) It is the intent of the Legislature that projects for
a general acute care hospital designated as a sole community
provider and licensed for less than 100 beds, projects for the
establishment or expansion of skilled nursing facilities or
intermediate care facilities, and projects for skilled nursing beds
or intermediate care beds in health facilities other than skilled
nursing or intermediate care facilities be processed as expeditiously
as possible, consistent with the purposes of this chapter.
   (b) In reviewing an application for projects for a general acute
care hospital designated as a sole community provider and licensed
for less than 100 beds, a project for a skilled nursing facility, a
project for an intermediate care facility, or a project for skilled
nursing beds or intermediate care beds in health facilities, the
office director shall consider only need, expected utilization and
financial feasibility, compliance with applicable laws and
regulations, and whether the proposed facility will enhance access to
the population to be served.
   (c) The following exceptions to the procedural provisions of this
chapter shall apply to applications for projects for a general acute
care hospital designated as a sole community provider and licensed
for less than 100 beds, projects for the establishment or expansion
of skilled nursing facilities or intermediate care facilities, or a
project for skilled nursing beds or intermediate care beds in health
facilities other than skilled nursing or intermediate care
facilities:
   (1) The notification of intent specified in Section 127225 shall
not be required prior to the filing of an application.
   (2) Upon a determination that an application is complete pursuant
to Section 127220, the office shall promptly publish notice in a
newspaper of general circulation in the geographical area to be
served by the project.  The notice shall describe the project and
provide that any affected person may request, in writing, that the
office hold a public hearing in the course of its review.  The notice
shall state the address where the request shall be made and the time
period when it shall be made.  The written request shall be based
upon the applicable review criteria and shall specify the review
criteria.
   (3) No hearing need be held by the office in the course of its
review unless ordered by the office within 30 calendar days after the
application is determined to be complete.  In those cases when no
hearing is required to be held, the office shall, within 30 calendar
days after the application is determined to be complete, issue a
decision approving the project in its entirety or with modifications
or conditions as have been agreed to in writing by the office and the
applicant.
   (d) The office shall amend its regulations and application forms
as may be necessary to effectuate the purposes of this section.
   127210.  Applicants for a certificate of need for a project
specified in Section 127170 shall submit an application to the
department on the official forms provided by the department, that may
include, but need not be limited to, the following information:
   (a) The site of the facility in the geographic area to be served.

   (b) The population to be served, categorized by age, income, and
sex, as well as projections of population growth, by age, income, and
sex.
   (c) The anticipated demand for the health care service or services
to be provided.
   (d) A description of the service or services to be provided.
   (e) Utilization of existing programs within the area to be served
offering the same or similar health care services.
   (f) The benefit to the community that will result from the
development of the project as well as the anticipated impact on other
institutions offering the same or similar services in the area.
   (g) A schedule for the commencement and completion of the project.

   (h) Reasonable assurance that adequate financing is available for
the completion of the project within the time period stated in the
application.
   127215.  Each application for a certificate of need shall contain
all of the information required by the office and, except as
otherwise provided in this chapter, shall be accompanied by a fee.
The fee shall be determined annually by regulation of the office
director and shall be set forth in a schedule differentiating by type
and cost of project, as determined by the office director.  The
office director shall establish fees so that in the aggregate they
will defray costs of processing certificate of need applications that
are not otherwise defrayed by the special fees charged pursuant to
Section 127280.  However, the application fee for a certificate of
need shall not in any event exceed five thousand dollars ($5,000).
   127220.  (a) The office, within 15 days of its receipt of an
application for a certificate of need submitted pursuant to Section
127210, shall make a determination as to whether the application is
complete.  If the office determines that the applicant has not
submitted an application that adequately addresses the information
requirements of the application form, it shall provide to the
applicant a written notification of incompleteness specifying the
additional information required to render the application complete.
After receipt of this additional information, the office, within 15
days, shall make a determination as to whether the application is
complete.
   (b) If, after review of additional information pursuant to
subdivision (a), the office determines that the application is still
incomplete, it shall provide to the applicant a written notification
of incompleteness, advising the applicant of the additional
information needed and the options available to the applicant to
render the application complete.  Following receipt of notification,
the applicant shall exercise one of the following options:
   (1) Submit the additional information required by the office.
   (2) Request in writing, with or without submitting the additional
information, that the review commence notwithstanding the
determination of incompleteness.
   Upon receipt of a written statement requesting that the review
commence, the application shall be deemed complete on the fifth
business day following receipt unless the office determines, and
notifies the applicant in writing, by the fifth business day, that
the lack of information is so material that it would render
meaningful analysis of the application impossible and that the
application is therefore incomplete.  This determination shall be
based solely on the failure to provide information specifically
requested by the application form.
   If the applicant submits the requested additional information and
does not submit a written statement requesting the office to commence
the review notwithstanding its determination of incompleteness, the
office, within 15 days after receipt of the additional information,
shall make a determination as to whether the application is complete.

   Upon the receipt of any additional notifications of
incompleteness, the applicant shall exercise one of the options
enumerated in paragraphs (1) and (2).  The office, in its second or
subsequent completeness inquiry, shall not request information beyond
the scope of the preceding request.
   (c) If the office does not give the notification of incompleteness
within the 15-day period required for review of completeness, the
application shall be deemed complete on the 15th day following the
receipt of the material submitted and the office shall then proceed
with its review.
   (d) The office shall publish notice of the commencement of the
review promptly after the application review process commences
pursuant to subdivision (b) or (c).
   (e) A completed application may be amended or withdrawn by the
applicant at any time without prejudice, but any amendment to an
application, except as the office and the applicant may otherwise
agree, shall cause the amended application to be treated as a new
application for purposes of the time limits prescribed by this
chapter and for the determination of the amount of the fee.
   (f) A filed application shall be a public document and shall be
available for inspection at the offices of the area health planning
agency and the office.  A  copy of any filed application shall be
furnished to any person upon request and payment of a reasonable fee,
to be established by the office in an amount sufficient to defray
the costs of reproduction.
   (g) Applications filed by any state agency or the Board of Regents
of the University of California shall be exempt from a filing fee.

   127225.  At least 20 calendar days prior to the filing of an
application for a certificate of need under Section 127170, the
applicant shall notify the office of its intent to apply for a
certificate of need.  The office may consult with the applicant on
the proposed project.
   The office may refuse to accept a certificate-of-need application
where the applicant has failed to file a notification of intent to
apply for a certificate of need pursuant to this section.  However,
if a certificate of need is issued, it shall not be invalidated on
the sole basis of failure of the applicant to notify the office
within the time required by this section.
   127230.  The office shall transmit a copy of each application for
a certificate of need determined by it to be complete, or otherwise
deemed complete pursuant to Section 127220, to the appropriate area
health planning agency.  The area health planning agency may, at its
discretion, informally review the application and provide comment on
it at the public hearing held pursuant to Section 127235, if a public
hearing is held.  If an area health planning agency intends to
provide comment on an application at a public hearing, it shall
provide notice to the applicant and to the state 20 days in advance
of making a comment.  The comment shall be deemed to have given the
area health planning agency party status.
   127235.  (a) Within 45 calendar days of the receipt of the
complete application, or an application otherwise deemed complete
pursuant to Section 127220, the office shall do one of the following:

   (1) Approve the application.  The office may approve the
application pursuant to this subdivision with modifications or
conditions, provided that the applicant agrees in writing to the
modifications or conditions.
   (2) Order a hearing if the office determines that substantial
questions exist as to the eligibility of the proposed project for
certificate-of-need approval.  Except as otherwise provided in this
section, the hearing shall be held in the health service area served
by the applicant.
   (b) The office shall order a hearing by the service of a copy of
the order on the applicant and the Office of Administrative Hearings.
  The order shall include the intended position of the Division of
Certificate of Need of the office.  Upon receipt of the order, the
Office of Administrative Hearings shall promptly consult with the
parties to the hearing in order to determine the time and place of
hearing.  Except as otherwise agreed by the parties and the Office of
Administrative Hearings, the hearing shall commence within 15 days
of the date of the order.  Upon the scheduling of the hearing, the
Office of Administrative Hearings shall promptly serve notice of the
date, location, and time of the hearing upon the parties to the
hearing.  The Office of Administrative Hearings shall also publish a
notice of the date, location, and time of the hearing in at least one
newspaper of general circulation in the health service area served
by the applicant.  The notice shall also include the name and address
of the applicant, the nature of the proposed project, and other
information, deemed relevant by the Office of Administrative
Hearings.
   (c) The hearing shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, except as otherwise provided in this chapter.
The hearing shall be conducted by a hearing officer assigned by the
Office of Administrative Hearings who shall rule on the admission and
exclusion of evidence and may exercise all other powers relating to
the conduct of the hearing.  With the concurrence of the parties to
the hearing, law and motion matters pertaining to the hearing may be
heard by the hearing officer in a location other than the geographic
location  of the hearing.
   (d) The hearing shall conclude within 45 calendar days after
commencement of the hearing unless one of the following occurs:
   (1) The applicant agrees to extend the time for conclusion of the
hearing.
   (2) The hearing is ongoing and continuing during consecutive
business days, in which case it shall be concluded as soon as
reasonably practicable thereafter.
   (e) Within seven days after the conclusion of the hearing, the
hearing officer shall render a proposed decision supported by
findings of fact, based solely upon the record of the hearing, and
conclusions of law.  The proposed decision, findings of fact, and
conclusions of law shall be served upon the parties to the hearing.
   (f) The director shall make a final decision on an application
within seven calendar days after issuance of the proposed decision by
the hearing officer.  The decision shall either approve the
application, approve it with modifications, reject it, or approve it
with conditions mutually agreed upon by the applicant and the office.
  The failure of any applicant to fulfill the conditions under which
the certificate of need was granted shall constitute grounds for
revocation of the certificate of need.
   (g) Notice of the substance of the office's decision shall be
published in a newspaper of general circulation within the health
service area served by the applicant, within 10 calendar days
following the decision.
   127240.  (a) Notwithstanding subdivision (b), (c), (d), (e), or
(f) of Section 127235, if the office orders a hearing on an
application, the applicant may request an informal hearing of the
matter, described in this section, in lieu of, and in the alternative
to, the formal procedures described in subdivisions (b), (c), (d),
(e), and (f) of Section 127235.
   (b) If an applicant requests an informal hearing and the office
concurs with the request, the office shall proceed as follows:
   (1) Within five calendar days after receipt of the request for an
informal public hearing, the office shall order the informal public
hearing by the service of a copy of the order on the applicant.  The
order shall include the staff report and recommendations prepared by
staff of the office.  Except as otherwise agreed by the applicant and
the office, the informal public hearing shall commence within 20
days of the date of the order.  Upon the scheduling of the hearing,
the office shall promptly serve notice of the date, location, and
time of the informal public hearing upon the applicant.  The office
shall also publish a notice of the date, location, and time of the
informal public hearing in at least one newspaper of general
circulation in the health service area served by the applicant.  The
notice shall also include the name and address of the applicant, the
nature of the proposed project, and other information, deemed
relevant by the office.
   (2) The informal public hearing shall not be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.  The informal public
hearing shall be conducted by an employee of the office designated
by the office director.  The person conducting the informal public
hearing may exercise all powers relating to the conduct of the
hearing, including the power to reasonably limit the length of oral
presentations by any person who has been allowed to make a statement.

   The informal public hearing shall be conducted as follows:
   (A) The applicant shall be given an opportunity to present the
merits of the project and to address the issues raised by the staff
report and recommendations.
   (B) The office staff shall be given an opportunity to present
their analysis of the project.
   (C) Other interested persons shall be given an opportunity to
present written or oral statements.
   (D) The person conducting the informal public hearing may question
any person making a written or oral statement and may give the
applicant and office staff an opportunity to question any person who
has made a written or oral statement.
   (E) The applicant and staff shall be given an opportunity to make
closing statements.
   (F) The office shall make a tape recording of the hearing, and
copies of the tape shall be made available at cost upon reasonable
notice.  However, the applicant shall have a right to bring a
certified shorthand reporter to be used in place of the tape
recording, provided that he or she provides the office with a copy of
the transcript.
   (c) The informal public hearing shall conclude within 10 calendar
days after commencement of the hearing unless one of the following
occurs:
   (1) The applicant agrees to extend the time for conclusion of the
hearing.
   (2) The hearing is ongoing and continuing during consecutive
business days, in which case it shall be concluded as soon as
reasonably practicable thereafter.
   (d) Within 10 days after the conclusion of the informal public
hearing, the person conducting the hearing shall render a proposed
decision supported by findings of fact, based solely upon the record
of the hearing.  The proposed decision shall be served upon the
applicant and the office staff.
   (e) The director shall make a final decision on an application
within 10 calendar days after issuance of the proposed decision.  The
decisions shall either approve the application, approve it with
modifications, reject it, or approve it with conditions mutually
agreed upon by the applicant and the office.  The failure of any
applicant to fulfill the conditions under which the certificate of
need was granted shall constitute grounds for revocation of the
certificate of need.
   (f) Notice of the substance of the office's decisions shall be
published in a newspaper of general circulation within the health
service area served by the applicant, within 10 calendar days
following the decision.
   (g) Whether or not an informal hearing is granted shall be at the
discretion of the office.
   127245.  (a) The undertaking of a project that requires a
certificate of need, as provided in this chapter, without having
first obtained a certificate of need shall (1) constitute grounds for
revocation or denial of licensure, and (2) shall be deemed a
violation of Section 1253.
   In addition, the state department may assess and collect a civil
penalty from any person undertaking a project without a certificate
of need.  For projects requiring a certificate of need pursuant to
subdivision (a) of Section 127170, the civil penalty shall not be
more than five thousand dollars ($5,000).  For projects requiring a
certificate of need pursuant to subdivisions (b), (c), (d), or (e) of
Section 127170, the civil penalty shall be two thousand five hundred
dollars ($2,500) or 20 percent of the cost of the project, whichever
is less.
   (b) A certificate of need shall expire 18 months from the date of
issuance unless:
   (1) The certificate holder has commenced the project covered by
the certificate of need and is diligently pursuing the same to
completion, as determined
by the state department; or
   (2) The duration of the certificate of need has been extended by
the state department upon a showing of good cause.  However, an
extension shall not cumulatively exceed a period of 12 months beyond
the original expiration date of the certificate of need.
   127250.  Any decision issued pursuant to Section 127235 shall take
effect 30 calendar days following its issuance unless within that
time the applicant files a petition for appeal with the Advisory
Health Council.  The Advisory Health Council shall render a decision
on each appeal, and appeal shall be by right.  The filing of a
petition shall operate to suspend and stay the decision by the office
pending the hearing and entry of a final decision.
   A petition for appeal shall be filed with the council within 30
calendar days following the date a decision is issued by the office.
The petition shall be filed in the form and manner as prescribed by
the office.  As soon as a petition is filed, the council shall be
polled and respond in writing to determine within 30 calendar days
whether it will take oral argument on the petition.  The council
shall order a hearing if at least seven of the members certify in
writing that they agree to take oral argument.  If the council orders
a hearing, the hearing shall be held within 60 calendar days of the
date of the council's order.  If a hearing is denied, a statement of
the reasons for denial shall be issued by the council that shall be
sent to the applicant, the office, and persons requesting the
statement.
   The council shall cause to be published in a newspaper of general
circulation in the area where the proposed project is to be located,
at least 30 calendar days prior to the appeal hearing, a notice
summarizing the application and the office's decision, with
particulars as the council may deem necessary, including, but not
limited to, the name and address of the applicant, the type of
project, and the date, time and place of the appeal hearing.  In
addition, the council shall send copies of the notice to the
applicant, the office, and any person requesting a notice.
   Parties to the appeals proceedings may only be the applicant and
the office.  Any other person shall have the right to appear and be
heard at the appeal hearing, but shall not be a party to the
proceedings.
   The appeal hearing may be held by the council or by a hearing
officer, as ordered by the council.  If there is a hearing officer,
he or she shall rule on the admission and exclusion of evidence.  The
council shall exercise all other powers relating to the conduct of
the hearing, but may delegate any or all powers to the hearing
officer.  Except as otherwise provided in this chapter, appeal
hearings shall conform to Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code, except
that the office may use its own hearing officer.
   127255.  Grounds for appeal pursuant to Section 127250 shall be
limited to the following:
   (a) The office or the hearing officer violated the review
procedures prescribed by this chapter.
   (b) The decision of the office is not supported by substantial
evidence.
   (c) The office or hearing officer has otherwise acted in an
arbitrary and capricious manner.
   127260.  The Advisory Health Council, upon review of a decision of
the department, shall do one of the following:
   (a) Enter an order affirming the decision of the department where
it finds as to the respective basis of review that:
   (1) The application was processed and the hearing conducted was
consistent with this chapter, or that any inconsistency with respect
thereto was immaterial to the decision of the department.
   (2) There is substantial evidence in the record supporting the
department's decision.
   (3) The department has not acted in an arbitrary and capricious
manner.
   (b) Enter an order remanding the decision of the department where
it finds as to the respective basis of review that:
   (1) The application was not processed or the hearing conducted was
not consistent with this chapter, and this inconsistency was
material to the decision rendered by the department.
   (2) There is no substantial evidence in the record supporting the
decision.
   (3) The department has acted in an arbitrary or capricious manner.

   (c) Enter an order reversing the decision of the department where
it finds as to the respective basis of review that:
   (1) The application was not processed or the hearing conducted was
not consistent with the provisions of this chapter, and this
inconsistency was material to the decision rendered by the
department.
   (2) There is no substantial evidence in the record supporting the
decision.
   (3) The department has acted in an arbitrary or capricious manner.

   Orders of the council authorized by this section shall be made
only upon the affirmative vote of a majority of the council, with at
least six of the affirmative votes cast by the following members:
   (a) Representative of consumers of services for the mentally
retarded appointed by the Governor.
   (b) Representative of consumers of mental health services
appointed by the Governor.
   (c) Representative of local government appointed by the Governor.

   (d) Representatives of the general consumer public appointed by
the Governor, Senate Committee on Rules, or Speaker of the Assembly.

   (e) Members of the Legislature appointed by the Senate Committee
on Rules or Speaker of the Assembly.
   127265.  Where the order of the Advisory Health Council remands
the decision of the department pursuant to subdivision (b) of Section
127260, the council may direct the department to reconsider the
application pursuant to Section 11521 of the Government Code in the
light of its order and to take further action as is specially
enjoined upon it by law, but the order shall not limit or control in
any way the discretion vested by law in the department.
   If the Advisory Health Council does not adopt a decision within 90
calendar days after the close of the hearing provided for by Section
127250, in the absence of reconsideration on the motion of the
department, the decision of the department shall be final.
   127270.  An appellant, other than an agency of the state or the
Board of Regents of the University of California, who petitions
pursuant to Section 127250, shall be responsible for the actual cost
to the state for the hearing officers and stenographic assistance,
including reproduction of minutes and reports, connected with the
appeal, as determined by the Department of General Services.
However, when a decision of the department is remanded or reversed by
the council, the appellant shall not be required to reimburse the
costs.
   127275.  Judicial review of a decision of the Advisory Health
Council affirming the decision of the department pursuant to
subdivision (a) of Section 127260 may be had by any party to the
proceedings, other than the department, as provided in Section 1094.5
of the Code of Civil Procedure.  An appellant desiring to contest an
adverse decision of the department need not pursue the appeal
procedures prescribed by this chapter, but may elect to pursue direct
judicial remedy pursuant to Section 1094.5 of the Code of Civil
Procedure.  The decision of the council or department shall be upheld
against a claim that its findings are not supported by the evidence
unless the court determines that the findings are not supported by
substantial evidence.
   127280.  (a) Every health facility licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2, except a health
facility owned and operated by the state, shall be charged a fee of
not more than 0.035 percent of the health facility's gross operating
cost for the provision of health care services for its last fiscal
year ending prior to the effective date of this section.  Thereafter
the office shall set for, charge to, and collect from all health
facilities, except health facilities owned and operated by the state,
a special fee, that shall be due on July 1, and delinquent on July
31 of each year beginning with the year 1977, of not more than 0.035
percent of the health facility's gross operating cost for provision
of health care services for its last fiscal year that ended on or
before June 30 of the preceding calendar year.  Each year the office
shall establish the fee to produce revenues equal to the
appropriation to pay for the functions required to be performed
pursuant to this chapter or Chapter 1 (commencing with Section
128675) of Part 5 by the office, the area and local health planning
agencies, and the Advisory Health Council.
   Health facilities that pay fees shall not be required to pay,
directly or indirectly, the share of the costs of those health
facilities for which fees are waived.
   (b) There is hereby established the California Health Data and
Planning Fund within the office for the purpose of receiving and
expending fee revenues collected pursuant to this chapter.
   (c) Any amounts raised by the collection of the special fees
provided for by subdivision (a) of this section that are not required
to meet appropriations in the Budget Act for the current fiscal year
shall remain in the California Health Data and Planning Fund and
shall be available to the office and the council in succeeding years
when appropriated by the Legislature, for expenditure under the
provisions of this chapter, and Chapter 1 (commencing with Section
128675) of Part 5 and shall reduce the amount of the special fees
that the office is authorized to establish and charge.
   (d) No health facility liable for the payment of fees required by
this section shall be issued a license or have an existing license
renewed unless the fees are paid.  New, previously unlicensed health
facilities shall be charged a pro rata fee to be established by the
office during the first year of operation.
   The license of any health facility, against which the fees
required by this section are charged, shall be revoked, after notice
and hearing, if it is determined by the office that the fees required
were not paid within the time prescribed by subdivision (a).
   127285.  (a) Health facilities and clinics, except for chronic
dialysis clinics as defined in subdivision (b) of Section 1204, shall
annually report to the office all of the following information on
forms supplied by the office:
   (1) A current inventory of beds and services.
   (2) Utilization data by bed type and service.
   (3) Acquisitions of diagnostic or therapeutic equipment during the
reporting period with a value in excess of five hundred thousand
dollars ($500,000).
   (4) Commencement of projects during the reporting period that
require a capital expenditure for the facility or clinic in excess of
one million dollars ($1,000,000).
   (b) With respect to chronic dialysis clinics, the office may
annually obtain this information to the extent it is available from
the Federal End Stage Renal Disease Network.
   127290.  (a) The department shall contract with agencies approved
pursuant to Section 127155 for the purpose of providing agencies with
funds to assist them to perform the duties required of them by this
chapter.  The Advisory Health Council shall review and make
recommendations to the department upon all contracts to be entered
into under this section.  The department shall prepare contracts upon
information submitted by agencies in the form required by the
department.
   (b) Pending final approval by the department of the contracts, the
department may advance funds to those area health planning agencies
that the director determines require emergency assistance to carry
out their functions under this chapter.  This emergency funding
authority shall expire July 1, 1977.  After determining the emergency
funding available to each area health planning agency, the
department shall immediately notify the administrative body of each
area health planning agency of the amount and the conditions
governing its availability.
   127295.  The Legislature finds that funds available to the office,
the health systems agencies, and the area health planning agencies
for the implementation of this chapter may prevent the office, the
health systems agencies and the area health planning agencies from
fully complying with their statutorily mandated functions.
   In the event that the health systems agencies lose all, or
substantially all, federal funding that is not replaced by other
funding at a level that allows them to fulfill their major
responsibilities under this chapter and in order to ensure continuity
of the certificate-of-need process, the Governor is hereby
authorized to request that the Secretary for Health and Human
Services eliminate federal designation and funding of some or all
health systems agencies located within the state and to terminate
some or all duties assigned to area health system planning agencies
and to assign the office to conduct some or all functions heretofore
designated to the health systems agencies and area health planning
agencies.
   127300.  (a) Notwithstanding any other provision of law, on and
after January 1, 1987, the requirement that health facilities and
specialty clinics apply for, and obtain, certificates of need or
certificates of exemption is indefinitely suspended.
   (b) Notwithstanding any other provision of law, the requirements
of Section 15438.1 of the Government Code shall be suspended for the
period of time specified for the suspension in subdivision (a).

      CHAPTER 2.  HEALTH POLICY RESEARCH AND EVALUATION
      Article 1.  Health Outcomes Reports (Reserved)
      CHAPTER 3.  UNIFORM BILLING FORMAT

   127575.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Carrier" means any of the following:
   (1) Any insurer, including, but not limited to, disability
insurers, nonprofit hospital service plans, fraternal benefit
societies, and firemen's, policemen's, or peace officers' benefit and
relief associations.
   (2) A health care service plan other than a specialized health
care service plan.
   (3) A self-funded employer sponsored plan, multiple employer
trust, or Taft-Hartley Trust as defined by federal law, authorized to
pay for health care services in this state.
   (4) The State Compensation Insurance Fund.
   (5) The health insurance offered to certain employees of this
state by the Public Employees' Retirement System known as "PERS"
Care.
   (b) "Department" means the State Department of Health Services.
   (c) "Office" means the Office of Statewide Health Planning and
Development.
   (d) "Professional health care services" means any diagnostic or
treatment services provided in California directly to a patient by a
person licensed or practicing pursuant to Division 2 (commencing with
Section 500) of the Business and Professions Code who is eligible to
directly bill for their services.  "Professional health care
services" does not include services provided by a person licensed
pursuant to a chapter of Division 2 that the director of the office
has determined, pursuant to Section 127590, should be exempted.
   (e) "Institutional provider services" means any services,
equipment, and supplies, other than professional health care services
that are provided by an institution, site, or facility through that
professional health care services are provided.  "Institutional
provider services" includes any component of an episode of health
care for which there will be charges, other than professional health
care services.  "Institutional provider services" does not include
diagnostic or treatment services that would be considered
"professional health care services" but for the fact that the
provider is licensed under a chapter of Division 2 of the Business
and Professions Code that the director of the office has exempted
pursuant to Section 127590.
   (f) "California uniform billing form for professional health care
services" and "California uniform billing form for institutional
provider services" means billing forms in the formats developed by
the office pursuant to Section 127580.
   127580.  The office, after consultation with the Insurance
Commissioner, the Commissioner of Corporations, the director, and the
Director of Industrial Relations, shall adopt a California uniform
billing form format for professional health care services and a
California uniform billing form format for institutional provider
services.  The format for professional health care services shall be
the format developed by the National Uniform Claim Form Task Force.
The format for institutional provider services shall be the format
developed by the National Uniform Billing Committee.  The formats
shall be acceptable for billing in federal Medicare and medicaid
programs.  The office shall specify a single uniform system for
coding diagnoses, treatments, and procedures to be used as part of
the uniform billing form formats.  The system shall be acceptable for
billing in federal Medicare and medicaid programs.
   127585.  (a) Carriers shall accept, and providers shall use, a
completed California uniform billing form, or the electronic
equivalent, for each instance when a carrier provides coverage for
professional health care services and for each instance when a
carrier provides coverage for institutional provider services.
   (b) Carriers that are health care service plans licensed under the
Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code), and providers of professional health care services or
institutional provider services covered by those plans shall be
exempt from the requirement of subdivision (a) except in instances
when the provider of the professional health care services bills the
plan for the specific services provided and in instances when the
provider of the institutional provider services bills the plan for
the specific services provided.
   (c) Nothing in the forms shall be construed to prohibit a carrier
from requiring that its insured or enrollee, or a person acting on
behalf of the insured or enrollee, submit other information to the
carrier as necessary to determine that the professional health care
services or institutional provider services are covered under the
terms of the carrier's health benefits plan.
   127590.  The Director of the Office of Statewide Health Planning
and Development may determine that the definition of "professional
health care services" in subdivision (d) of Section 127575 does not
include services provided by persons licensed under certain chapters
of Division 2 of the Business and Professions Code and shall have the
authority to determine the chapters that shall be exempt.
   127595.  The department shall adopt the California uniform billing
form formats for use in all health care payment programs it
administers, including, but not limited to, Medi-Cal, county health
services programs, and other health care payment programs, for each
instance when a program provides coverage for professional health
care services and for each instance when a program provides coverage
for institutional provider services.  The department may adapt the
billing format for institutional provider services only to the extent
necessary for the forms to be optically scanned and automatically
microfilmed.  The department shall provide exemptions from this
requirement as necessary and appropriate to the efficient operation
of health care service plans that do not reimburse providers on a
fee-for-service basis, except that the plans shall use the formats in
instances when the professional or institutional provider bills a
plan for the specific services provided.  The department shall
implement this requirement in any Medi-Cal contract for fiscal
intermediary services entered into on or after January 1, 1993.
   127600.  (a) The department, in consultation with the office and
the California Health Policy and Data Advisory Commission, may
develop a uniform core dataset for public health programs to do all
of the following:
   (1) Reduce administrative complexity.
   (2) Eliminate unnecessary duplication in the collection and
reporting of data.
   (3) Facilitate integration, consistency, and transfer of data
among public health and health services programs.
   (4) Promote monitoring of health status, planning, policy
development and service coordination, quality assurance, and program
evaluation for all public health programs.
   (b) The department, in consultation with the office and the
California Health Policy and Data Advisory Commission, shall develop
proposed policies and procedures to ensure privacy and
confidentiality of data and appropriate use and access to data.
   (c) This section shall not be construed to require any physician
and surgeon or other health care provider to provide any additional
items of information to these public health care programs.

      PART 3. HEALTH PROFESSIONS DEVELOPMENT
      CHAPTER 1.  HEALTH PROFESSIONS PLANNING
      Article 1.  Health Personnel Planning

   127750.  The office shall prepare a Health Manpower Plan for
California.  The plan shall consist of at least the following
elements:
   (a) The establishment of appropriate standards for determining the
adequacy of supply in California of at least each of the following
categories of health personnel:  physicians, midlevel medical
practitioners (physician's assistants and nurse practitioners);
nurses; dentists; midlevel dental practitioners (dental nurses and
dental hygienists); optometrists; optometry assistants; pharmacists;
and pharmacy technicians.
   (b) A determination of appropriate standards for the adequacy of
supply of the categories in subdivision (a) shall be made by taking
into account all of the following:  current levels of demand for
health services in California; the capacity of each category of
personnel in subdivision (a) to provide health services; the extent
to which midlevel practitioners and assistants can substitute their
services for those of other personnel; the likely impact of the
implementation of a national health insurance program on the demand
for health services in California; professionally developed standards
for the adequacy of the supply of health personnel; and assumptions
concerning the future organization of health care services in
California.
   (c) A determination of the adequacy of the current and future
supply of health personnel by category in subdivision (a) taking into
account the sources of supply for such personnel in California, the
magnitude of immigration of personnel to California, and the
likelihood of the immigration continuing.
   (d) A determination of the adequacy of the supply of specialties
within each category of health personnel in subdivision (a).  The
determination shall be made, based upon standards of appropriate
supply to speciality developed, in accordance with subdivision (b).
   (e) Recommendations concerning changes in health manpower
policies, licensing statutes, and programs needed to meet the state's
need for health personnel.
   127755.  The office shall consult with the Health Manpower Policy
Commission, health systems agencies, and other appropriate
organizations in the preparation of this plan.
   127760.  The Legislature finds and declares that:
   (a) Planning for appropriate supplies and distribution of health
care personnel is essential to assure the continued health and
well-being of the people of the state and also to contain excess
costs that may result from unnecessary training and under utilization
of health care personnel.
   (b) The information on physicians and surgeons collected by the
Medical Board of California, in cooperation with the office, and
under the authority of Sections 921 and 923 of the Business and
Professions Code, has proven to be valuable for health manpower
planning purposes.  It is the intent of the Legislature, through this
article and Article 2 (commencing with Section 104650) of Chapter 2
of Part 3 of Division 103, to provide for the efficient collection
and analysis of similar information on other major categories of
healing arts licentiates, in order to facilitate the development of
the biennial health manpower plan and other reports and program
activities of the office.
   (c) It is the intent of the Legislature that the data transmitted
to the office by the various boards be processed by the boards so
that licentiates are not identified by name or license number.
   127765.  The office is authorized and directed to receive, with
the cooperation of the respective healing arts licensing boards and
licentiates, basic data on each licentiate in the following
categories of health personnel:  registered nurses, licensed
vocational nurses, pharmacists, dentists, and optometrists.  The
office shall develop a suggested format for data collection to be
utilized by the various boards.  However, the methods utilized to
collect and tabulate this information, including the format and
content of questionnaires and other survey instruments, shall be
determined by each respective healing arts licensing board after
consultation with the director of the office.
   127770.  The basic data to be collected on each licentiate in
accordance with Section 127765 shall include at least all of the
following:  principal and other practice locations, practice
specialty or specialties for appropriate categories, time spent in
direct patient-care/patient-contact and other professional
activities, race or ethnicity, age, sex, and educational background.

   127775.  Notwithstanding Sections 922 and 925 of the Business and
Professions Code, the office may receive, and the Medical Board of
California may provide, information respecting individual licentiates
collected pursuant to Sections 921 and 923 of the Business and
Professions Code.
   Information provided to the office pursuant to this section shall
be transmitted in a form so that the name or license number of an
individual licensee is not identifiable.  However, an encoding
procedure shall be used to assign a unique identifying number to the
other information provided upon the questionnaire so as to allow the
office to track the geographical movements of physicians for planning
purposes.
   127780.  The office shall maintain the confidentiality of the
information it receives respecting individual licentiates under this
article and Article 2 (commencing with Section 104650) of Chapter 2
of Part 3 of Division 103 and shall only release information in a
form that cannot be used to identify individuals.
                                 127785.  The California
Postsecondary Education Commission shall furnish to the office, at
least biennially, all information that the commission has compiled
pursuant to Section 66903.2 of the Education Code, that constitutes
basic data as to enrollees in public and private educational
institutions and programs preparing or training health personnel.
The office may request additional data from licensing boards and
agencies to supplement the data received from the commission, as
necessary to carry out the health personnel planning and development
activities of the office.
   127790.  The basic data to be provided to the office pursuant to
Section 127785 shall include all of the following, by training year
or class:  numbers enrolled, numbers in the various discipline or
specialty categories, and numbers in age, sex, and race or ethnic
categories.
   127795.  The office shall implement the authority granted to the
office by Sections 127765, 127775, and 127785, on a phased basis,
consistent with respective relicensure intervals and with the
availability of resources for the effective utilization of the data
and information obtained under that authority.
   127800.  The respective licensing boards for registered nurses,
licensed vocational nurses, pharmacists, optometrists, and dentists
may adopt regulations that require licentiates to provide the
information included in Section 127770 as a condition of relicensure.
  In order to facilitate the collection and analysis of this
information, any of these boards may use information from a
scientifically selected random sample of the licentiates.  These
licensing boards may collaborate with the office in the collection or
analysis of this information.

      CHAPTER 2.  PERSONNEL RECRUITMENT AND EDUCATION
      Article 1.  Health Professions Careers Opportunity Program

   127875.  The Legislature finds and declares that California has an
insufficient number of minority health professionals to meet the
health care needs in the state.  Greater numbers of minority health
professionals are required to meet the special needs of population
groups who face cultural and linguistic barriers to adequate health
care, and to meet the state's needs for a more equitable geographic
distribution of professional health personnel resources.
   127880.  It is the intent of the Legislature to maintain a Health
Professions Career Opportunity Program designed to:
   (a) Increase the number of ethnic minorities in health
professional training.
   (b) Increase the number of minority health professionals
practicing in health manpower shortage areas in this area.
   127885.  The office shall maintain a Health Professions Career
Opportunity Program that shall include, but not be limited to, all of
the following:
   (a) Producing and disseminating a series of publications aimed at
informing and motivating minority and disadvantaged students to
pursue health professional careers.
   (b) Conducting a conference series aimed at informing those
students of opportunities in health professional training and
mechanisms of successfully preparing to enter the training.
   (c) Providing support and technical assistance to health
professional schools and colleges as well as student and community
organizations active in minority health professional development.
   (d) Conducting relevant manpower information and data analysis in
the field of minority and disadvantaged health professional
development.
   (e) Providing necessary consultation, recruitment, and counseling
through other means.
   (f) Supporting and encouraging minority health professionals in
training to practice in health professional shortage areas of
California.

      Article 2.  Health Promotion Education Programs for Allied
Health Professionals

   127900.  (a) The Legislature finds and declares that evidence
exists to support the development of health promotion and health-risk
reduction programs as an effective method of constraining the annual
inflation rate for expenditures in the health industry.  It is,
therefore, the intent of the Legislature that a health manpower
education program be developed to demonstrate the health promotion
and health-risk reduction concept at educational institutions, with
special emphasis on health manpower development in urban areas having
a disproportionate share of disadvantaged and indigent persons.
   (b) The office shall establish a contract program for funding
allied health manpower training projects related to health promotion
and health-risk reduction.  The contract program shall provide funds
to eligible institutions, as determined by the office, for all of the
following purposes:
   (1) Teaching existing and future primary care providers about
health-risk reduction through the institutions' basic curricula.
   (2) Recruiting, remediating, and retaining minority allied health
professionals, including, but not limited to, physician assistants,
nurse practitioners, nurse midwives, public health nurses, health
educators, dieticians, and nutritionists, especially those who
provide in-home patient care.
   (3) Increasing the supply of medical care in underserved urban
areas and demonstrating methods which reduce cost through the use of
allied health personnel.
   (c) These funds shall be available to institutions which currently
operate programs for training family practice physicians, other
primary care physicians, and those health professionals identified in
paragraph (2) of subdivision (b).
   (d) The recipients of the funds shall provide, but shall not be
limited to providing, orientation and training of primary care
providers in teaching methods related to patient health education and
health promotion, such as educating allied health professionals in
the principles of self-care management as it relates to specific
health problems in medically underserved communities.
   (e) The office shall consult with organizations and experts in the
field regarding the establishment of this program, and beginning
with the 1986-87 fiscal year, this program shall be implemented to
the extent funds are provided in the Budget Act.  This program shall
be designed to accommodate an appropriation request in the range of
forty thousand dollars ($40,000) to eighty thousand dollars ($80,000)
per year.
   (f) The director of the office may waive any of the requirements
of subdivisions (b) and (c) if a potential contractor demonstrates an
ability to meet the goals and objectives of the program.
      Article 3.  Nursing Education Scholarships

   127975.  Recognizing that there is a shortage in supply of
registered nurses, and that if the number of nursing students is to
be materially increased to meet the demand there must first be an
increase in the number of persons qualified for teaching or
supervising in clinical areas, and further recognizing that the cost
of education deters nurses from obtaining the education necessary to
qualify them for teaching or supervision in clinical areas, there are
hereby created state scholarships that shall be maintained by the
state and awarded and administered pursuant to this article.
   127980.  There shall be available at least 10 scholarships per
year.  The scholarships shall be available to any registered nurse
who is enrolled in one of the following accredited nursing programs
in a college or university in California that is accredited by the
Western Association of Schools and Colleges:
   (a) The junior or senior year in a bachelor's degree program in
nursing.
   (b) A program supplementary to a bachelor's degree program in
nursing required for admission to master's level studies, in nursing.

   (c) A master's degree or a post-master's program in teaching or
supervision in a clinical nursing area.
   127985.  No person shall be awarded a scholarship under
subdivision (a) or (b) of Section 127980 unless:
   (a) He or she is a resident of California.
   (b) He or she is licensed as a registered nurse by this state.
   (c) He or she has complied with all the regulations adopted
pursuant to this article.
   (d) He or she has agreed that he or she will continue his or her
education to completion of the bachelor's degree or a program
supplemental to a bachelor's degree required for admission to master
level studies in nursing, and that after completion of the
requirements of subdivision (a) or (b) of Section 127980 and within a
period of time to be determined by the office, will enroll in an
accredited master's degree program in teaching or supervision in a
clinical nursing area.
   (e) He or she agrees that immediately upon completion of his or
her graduate study, either master's degree or post-master's program,
he or she will assume an employment obligation in California in
teaching or supervision in a clinical nursing area, for not less than
one year.
   127990.  No person shall be awarded a scholarship under
subdivision (c) of Section 127980 unless he or she satisfies the
requirements prescribed by subdivisions (a), (b), (c), and (e) of
Section 127985.
   127995.  The office shall administer the program of nursing
education scholarships and shall for this purpose, adopt regulations
as it determines are necessary to carry out this article.
   128000.  Applications for scholarships shall be made to the
office, upon forms provided by it, at the times and in the manner
prescribed by the regulations adopted by the office.
   128005.  The office shall award the scholarships to the applicants
that it determines are best fitted to undertake the educational
program for which the scholarships are awarded and will be the best
qualified to teach or supervise.  In awarding the scholarships the
office may give a preference to applicants who are willing to be
available, upon the completion of their educational program, for a
position in any part of the state.  The office shall not, however,
award any scholarship to an applicant if it determines that the
applicant has adequate financial resources to pay the cost of the
education necessary to qualify him or her for teaching or supervision
in a clinical area.
   128010.  Scholarships shall be awarded without regard to race,
religion, creed, or sex.
   128015.  Each scholarship under this article is for the period of
no more than one academic year, and the award shall be:
   (a) For a person qualifying under subdivision (a) or (b) of
Section 127980, the sum of two hundred dollars ($200) per month for
12 months, plus school fees.
   (b) For a person qualifying under subdivision (c) of Section
127980, the sum of two hundred fifty dollars ($250) per month for 12
months, plus school fees.
   128020.  A scholarship shall remain in effect only during the
period, as determined by the office, that the person receiving the
award achieves satisfactory progress and is regularly enrolled,
within the terms of this article, as a full-time student.
      Article 4.  Health Professions Planning Grants

   128025.  For the purpose of this article, "innovative programs of
education in the health professions" means programs for the
development of physicians and surgeons, podiatrists, dentists,
pharmacists, nurses, optometrists, and occupations in the allied
health professions, that emphasize all of the following:
   (a) The practice in the community on the part of graduates of the
program.
   (b) The utilization of existing teaching resources and clinical
care facilities within the community where the program is located.
   (c) The development of curricular mechanisms that allow for
movement from one occupational category to the next, up to and
including the doctor of medicine level.
   (d) The training of persons possessing previously acquired health
care skills, for positions of greater responsibility, with an
emphasis upon corpsmen honorably discharged from the military.
   (e) The training of persons with little or no formal education but
with a willingness and aptitude to acquire health care skills.
   (f) The development of coordination with community health care
facilities to insure quality education and satisfactory employment
opportunities for graduates of the program.
   128030.  The office, in cooperation with the California
Postsecondary Education Commission, shall administer the program
established pursuant to this chapter and shall for this purpose,
adopt regulations as it determines are reasonably necessary to carry
out this chapter.
   128035.  The office is authorized to make grants, from funds
appropriated by the Legislature for this purpose, to assist
organizations in meeting the cost of special projects to plan,
develop, or establish innovative programs of education in the health
professions, or for research in the various fields related to
education in the health professions, or to develop training for new
types of health professions personnel, or to meet the costs of
planning experimental teaching facilities.
   In determining priority of project applications, the office shall
give the highest priority to:
   (1) Applicants able to obtain commitments for matching planning
funds from other governmental and private sources.
   (2) Applicants who develop a preliminary plan that conforms to the
criteria stated hereinabove for innovative programs of education in
the health sciences.
   (3) Applicants that in its judgment are most able to translate a
plan into a feasible program.

      CHAPTER 3.  PROFESSIONAL PRACTICE DEVELOPMENT
      Article 1.  Health Manpower Pilot Projects

   128125.  The Legislature finds that there is a need to improve the
effectiveness of health care delivery systems.  One way of
accomplishing that objective is to utilize health care personnel in
new roles and to reallocate health tasks to better meet the health
needs of the citizenry.
   The Legislature finds that experimentation with new kinds and
combinations of health care delivery systems is desirable, and that,
for purposes of this experimentation, a select number of publicly
evaluated health manpower pilot projects should be exempt from the
healing arts practices acts.  The Legislature also finds that large
sums of public and private funds are being spent to finance health
manpower innovation projects, and that the activities of some of
these projects exceed the limitations of state law.  These projects
may jeopardize the public safety and the careers of persons who are
trained in them.  It is the intent of the Legislature to establish
the accountability of health manpower innovation projects to the
requirements of the public health, safety, and welfare, and the
career viability of persons trained in these programs.  Further, it
is the intent of this legislation that existing healing arts
licensure laws incorporate innovations developed in approved projects
that are likely to improve the effectiveness of health care delivery
systems.
   128130.  For the purposes of this article:
   (a) "Office" means the Office of Statewide Health Planning and
Development.
   (b) "Approved project" means an educational or training program
approved by the office that does any of the following on a pilot
program basis:
   (1) Teaches new skills to existing categories of health care
personnel.
   (2) Develops new categories of health care personnel.
   (3) Accelerates the training of existing categories of health care
personnel.
   (4) Teaches new health care roles to previously untrained persons,
and that has been so designated by the office.
   (c) "Trainee" means a person to be taught health care skills.
   (d) "Supervisor" means a person designated by the project sponsor
who already possesses the skills to be taught the trainees and is
certified or licensed in California to perform the health care tasks
involving the skills.
   (e) "Health care services" means the practice of medicine,
dentistry, nursing, including, but not limited to, specialty areas of
nursing such as midwifery, pharmacy, optometry, podiatry, and
psychology.
   128135.  The office may designate experimental health manpower
projects as approved projects where the projects are sponsored by
community hospitals or clinics, nonprofit educational institutions,
or government agencies engaged in health or education activities.
Nothing in this section shall preclude approved projects from
utilizing the offices of physicians, dentists, pharmacists, and other
clinical settings as training sites.
   128140.  Notwithstanding any other provision of law, a trainee in
an approved project may perform health care services under the
supervision of a supervisor where the general scope of the services
has been approved by the office.
   128145.  A trainee and his or her supervisor shall be held to the
standard of care of, and shall be afforded the same immunities as, an
individual otherwise legally qualified to perform the health care
service or services performed by the trainee or supervisor.
   128150.  Any patient being seen or treated by a trainee shall be
apprised of that fact and shall be given the opportunity to refuse
treatment.  Consent to the treatment shall not constitute assumption
of the risk.
   128155.  The office, after one or more public hearings thereon,
shall establish minimum standards, guidelines, and instructions for
pilot projects.  Advance notice of the hearing shall be sent to all
interested parties and shall include a copy of the proposed minimum
standards, guidelines, and instructions.
   Organizations requesting designation as approved projects shall
complete and submit to the office an application, that shall include
a description of the project indicating the category of person to be
trained, the tasks to be taught, the numbers of trainees and
supervisors, a description of the health care agency to be used for
training students, and a description of the types of patients likely
to be seen or treated.  Additionally, the application shall contain a
description of all of the following:
   (a) The evaluation process to be used.
   (b) The baseline data and information to be collected.
   (c) The nature of program data that will be collected and the
methods for collecting and analyzing the data.
   (d) Provision for protecting the safety of patients seen or
treated in the project.
   (e) A statement of previous experience in providing related health
care services.
   128160.  (a) Pilot projects may be approved in the following
fields:
   (1) Expanded role medical auxiliaries.
   (2) Expanded role nursing.
   (3) Expanded role dental auxiliaries.
   (4) Maternal child care personnel.
   (5) Pharmacy personnel.
   (6) Mental health personnel.
   (7) Other health care personnel including, but not limited to,
veterinary personnel, chiropractic personnel, podiatric personnel,
geriatric care personnel, therapy personnel, and health care
technicians.
   (b) Projects that operate in rural and central city areas shall be
given priority.
   128165.  The office shall carry out periodic onsite visitations of
each approved project and shall evaluate each project to determine
the following:
   (a) The new health skills taught or extent that existing skills
have been reallocated.
   (b) Implication of the project for existing licensure laws with
suggestions for changes in the law where appropriate.
   (c) Implications of the project for health services curricula and
for the health care delivery systems.
   (d) Teaching methods used in the project.
   (e) The quality of care and patient acceptance in the project.
   (f) The extent that persons with the new skills could find
employment in the health care system, assuming laws were changed to
incorporate their skill.
   (g) The cost of care provided in the project, the likely cost of
this care if performed by the trainees subsequent to the project, and
the cost for provision of this care by current providers thereof.
   All data collected by the office and by projects approved pursuant
to this article shall become public information, with due regard for
the confidentiality of individual patient information.  The raw data
on which projects' reports are based and the data on which the
office's evaluation is based shall be available on request for review
by interested parties.  The office shall provide a reasonable
opportunity for interested parties to submit dissenting views or
challenges to reports to the Legislature and professional licensing
boards required by this section.  The office shall publish those
comments, subject only to nonsubstantive editing, as part of its
annual, or any special, reports.
   128170.  The office shall approve a sufficient number of projects
to provide a basis for testing the validity of the experiment.
   128175.  The office shall seek the advice of appropriate
professional societies and appropriate healing arts licensing boards
prior to designating approved projects.  In the case of projects
sponsored by a state agency, the following additional procedures
shall apply:
   (a) A hearing shall be conducted by a disinterested state
government official selected by the director of the office from a
state agency other than the office or the proponent of the project.
The cost of the services of the disinterested state governmental
official shall be paid by the office pursuant to an interagency
agreement with the state agency represented by the state governmental
official.
   (b) A notice of hearing shall be sent by the office to interested
parties, as designated by the director of the office, by registered
mail no less than 30 days preceding the date of the hearing.  The
notice shall include, but not be limited to, the date, time,
location, and subject matter of the hearing, and shall include a copy
of the application for a pilot project that is the subject of the
hearing.
   (c) A verbatim transcript of the hearing shall be prepared and
distributed to interested parties upon request.
   (d) Within 60 days of the release of the transcript, the office
shall submit a recommendation on the proposal to the director of the
office and shall send copies to the interested parties.
   (e) The director of the office shall accept comments on the
recommendations, and, on or after 30 days after transmittal of the
recommendations, the director of the office shall approve or
disapprove the proposed project.
   128180.  The office shall not approve a project for a period
lasting more than two training cycles plus a preceptorship of more
than 24 months, unless the office determines that the project is
likely to contribute substantially to the availability of
high-quality health services in the state or a region thereof.

      CHAPTER 4.  FAMILY PRACTICE PHYSICIAN PROGRAMS (Reserved)
      Article 1.  Family Physician Training Program (Reserved)
      Article 2.  Additional Duties of the Health Manpower Policy
Commission (HMPC) (Reserved)
      CHAPTER 5.  MINORITY HEALTH PROFESSIONS EDUCATION FOUNDATION
PROGRAMS
      Article 1.  Minority Health Professions Education Foundation
(Reserved)
      Article 2.  California Registered Nurse Education Program

   128375.  (a) The Legislature hereby finds and declares that an
adequate supply of professional nurses is critical to assuring the
health and well-being of the citizens of California.
   (b) The Legislature further finds that changes in the health care
system of this state have increased the need for more highly skilled
nurses.  These changes include advances in medical technology and
pharmacology, that necessitate the use of more highly skilled nurses
in acute care facilities.  Further, the containment of health care
costs has led to increased reliance on home health care and
outpatient services and to a higher proportion of more acutely ill
patients in acute care facilities.  Long-term care facilities also
need more highly educated nursing personnel.  Both shifts require a
larger number of skilled nursing personnel.
   (c) The Legislature further finds and declares that in nursing, as
in other professions, certain populations are underrepresented.  The
Legislature also finds and declares that it is especially important
that nursing care be provided in a way that is sensitive to the
sociocultural variables that affect a person's health.  The
Legislature recognizes that the financial burden of obtaining a
baccalaureate degree is considerable and that persons from families
lacking adequate financial resources may need financial assistance to
complete a baccalaureate degree.
   (d) The Legislature further finds and declares that approximately
20 percent of all Californians live in rural and urban areas that
have been designated health manpower shortage areas.  The shortage of
professional nurses in these areas makes it more difficult for those
citizens to obtain health care and more difficult to attract and
retain other health care professionals to those areas.
   (e) The Legislature further finds and declares that applications
for enrollment in programs that grant  baccalaureate of science of
nursing degrees have declined at the same time that demand for
professional nurses has increased.
   128380.  It is the intent of the Legislature to accomplish the
following:
   (a) Assure an adequate supply of appropriately trained
professional nurses.
   (b) Encourage persons from populations that are currently
underrepresented in  the nursing profession to enter that profession.

   (c) Encourage professional nurses to work in medically underserved
areas.
   128385.  (a) There is hereby created the Registered Nurse
Education Program within the Minority Health Professions Education
Foundation.  Persons participating in this program shall be either
persons from demographically underrepresented groups or persons who
agree in writing prior to graduation to serve in an eligible county
health facility or a health  manpower shortage area, as designated by
the director of the office.  Persons from demographically
underrepresented groups may apply for awards for persons agreeing to
serve in eligible county health facilities or health manpower
shortage areas.  The Registered Nurse Education Program shall be
administered in accordance with Article 14 (commencing with Section
69795) of Chapter 2 of Part 42 of the Education Code, except that all
funds in the Registered Nurse Education Fund shall be used only for
the purpose of promoting the education of registered nurses and
related administrative costs, and except that persons who apply for
awards that require them to serve in an eligible county health
facility or a health manpower shortage area may be, but are not
required to be, persons from demographically underrepresented groups
or persons from "underrepresented minority groups" as defined in
subdivision (g) of Section 69795
         of the Education Code.  The Minority Health Professions
Education Foundation shall make recommendations to the director of
the office concerning both the following:
   (1) A standard contractual agreement to be signed by the director
and any student who has received an award to work in an eligible
county health facility or in a health manpower shortage area that
would require a period of obligated professional service in the areas
of California designated by the Health Manpower Policy Commission as
deficient in primary care services.  The obligated professional
service shall be in direct patient care.  The agreement shall include
a clause entitling the state to recover the funds awarded plus the
maximum allowable interest for failure to begin or complete the
service obligation.
   (2) Maximum allowable amounts for scholarships, educational loans,
and loan repayment programs in order to assure the most effective
use of these funds.
   (b) Applicants may be persons licensed as registered nurses or
graduates of associate degree nursing programs prior to entering a
program granting a baccalaureate of science of nursing.  Priority
shall be given to applicants who hold associate degrees in nursing.
   (c) Not more than 5 percent of the funds available under the
Registered Nurse Education Program shall be available for a pilot
project designed to test whether it is possible to encourage
articulation from associate degree nursing programs to baccalaureate
of science of nursing programs.  Persons who otherwise meet the
standards of subdivision (a) shall be eligible for educational loans
when they are enrolled in associate degree nursing programs.  If
these persons complete a baccalaureate of science of nursing program
in California within five years of obtaining an associate degree in
nursing and meet the standards of this article, these loans shall be
completely forgiven.
   (d) As used in this section, "eligible county health facility"
means a county health facility that has been determined by the office
to have a nursing vacancy rate greater than noncounty health
facilities located in the same health facility planning area.
   128390.  The funds made available pursuant to this article shall
be used as specified in Article 14 (commencing with Section 69795) of
Chapter 2 of Part 42 of the Education Code, except that the funds
shall be used only for the purpose of assisting students in
completing nursing programs meeting the standards specified in
subdivision (j) of Section 69799 of the Education Code.
   128395.  In developing this program, the Minority Health
Professions Education Foundation shall solicit the advice of
representatives of the Board of Registered Nurses, the California
Nurses Association, the Chancellor of the California Community
Colleges, the Chancellor of the California State University, and the
California Association of Hospitals and Health Systems.
   128400.  There is hereby established in the State Treasury the
Registered Nurse Education Fund.  All money in the fund shall be used
for the purposes specified in the California Registered Nurse
Education Program established pursuant to this article.  This fund
shall receive money collected pursuant to subdivision (c) of Section
2815 of the Business and Professions Code.  These funds shall be
appropriated annually in the Budget Act.
   128405.  This article shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.

      Article 3.  Geriatric Nurse Practitioner and Clinical Nurse
Specialist Scholarship Program

   128425.  The Legislature hereby finds and declares that more and
better qualified medical care is needed for residents of health care
facilities.  The Legislature further finds that the shortage of
physicians available to work in skilled nursing facilities and other
facilities providing care primarily to geriatric patients is expected
to continue.
   Therefore, it is the intent of the Legislature to promote more and
better-qualified medical care for geriatric patients by increasing
training opportunities for geriatric nurse practitioners and
geriatric clinical nurse specialists and by providing an incentive
for nurse practitioners and clinical nurse specialists to practice in
skilled nursing facilities or other facilities providing care
primarily to geriatric patients.  It is not the intent of the
Legislature in enacting this article to change the existing scope of
practice of nurse practitioners or clinical nurse specialists.
   128430.  For purposes of this article:
   (a) A "geriatric clinical nurse specialist" is a registered nurse,
licensed by the Board of Registered Nursing, who has completed a
master's program in nursing with an emphasis on care of elders.
   (b) A "geriatric nurse practitioner" is a registered nurse,
licensed by the Board of Registered Nursing as a nurse practitioner,
who has completed an educational program in gerontological nursing,
or family or adult nursing with an emphasis on care of elders.
   128435.  (a) There is hereby created the Geriatric Nurse
Practitioner and Clinical Nurse Specialist Scholarship Program within
the Minority Health Professions Education Foundation.  Persons
participating in this program shall be persons enrolled in nurse
practitioner or clinical nurse specialist programs in this state who
agree in writing prior to graduation to practice for a period of
time, to be determined in accordance with paragraph (1) of
subdivision (b), as geriatric nurse practitioners or geriatric
clinical nurse specialists either in skilled nursing facilities
licensed pursuant to Section 1250 or in other settings where care is
provided primarily to geriatric patients.  This program shall be
administered in accordance with Article 2 (commencing with Section
128375), and with Article 14 (commencing with Section 69795) of the
Education Code, except that all funds shall be used only for
geriatric nurse practitioners and geriatric clinical nurse
specialists and except that the programs shall be available only to
those geriatric nurse practitioners and geriatric clinical nurse
specialists who agree to practice in skilled nursing facilities or
other settings caring for geriatric patients.
   (b) The Minority Health Professions Education Foundation shall
make recommendations to the director of the office concerning both of
the following:
   (1) A standard contractual agreement to be signed by the director
and any student who has received an award to practice in a skilled
nursing facility or other setting caring for geriatric patients that
would require a period of obligated  professional service.  The
obligated professional service shall be in direct patient care.  The
obligated professional service may be performed by a geriatric nurse
practitioner or geriatric clinical nurse specialist either as an
employee or independent contractor of a skilled nursing facility or
other setting caring for geriatric patients, or as an employee or
independent contractor of a physician providing care for geriatric
patients in a skilled nursing facility or other setting. The
agreement shall include a clause entitling the state to recover the
funds awarded plus the maximum allowable interest for failure to
begin or complete the service obligation.
   (2) Maximum allowable amounts for scholarships and other financial
assistance  in order to assure the most effective use of these
funds.
   (c) To the extent feasible and appropriate, the Minority Health
Professions Education Foundation shall assure that the standard
contractual agreement and other aspects of the Geriatric Nurse
Practitioner and Clinical Nurse Specialist Scholarship Program are
substantially similar to those developed for the Registered Nurse
Education Program.
   128525.  The Legislature finds and declares that:
   (a) A pilot program was established by the Office of Statewide
Health Planning and Development to test the feasibility of performing
high quality, safe diagnostic cardiac catheterization procedures in
a freestanding cardiac catheterization laboratory.
   (b) Evaluation of this pilot program by the office demonstrated
that it is feasible to conduct these procedures in nonhospital
settings and that these laboratories maintain the quality of the
diagnostic procedures while also reducing the cost of care.
   (c) Based on this evaluation, it is the intent of the Legislature
that those freestanding cardiac catheterization laboratories that are
in active status in the pilot program be licensed.
   128530.  (a) Notwithstanding any other provision of law, a
freestanding cardiac catheterization laboratory that as of December
31, 1993, was in active status in the Health Care Pilot Project
established pursuant to former Part 1.85 (commencing with Section
444) of Division 1, and that meets the requirements specified in this
section, may be licensed by the State Department of Health Services
as a freestanding cardiac catheterization laboratory.  The license
shall be subject to suspension or revocation, or both, in accordance
with Article 5 (commencing with Section 1240) of Chapter 1 of
Division 2.  An application for licensure or annual renewal shall be
accompanied by a fee of one thousand dollars ($1,000).
   (b) A laboratory granted a license pursuant to this section shall
be subject to the department's regulations that govern cardiac
catheterization laboratories operating in hospitals without
facilities for cardiac surgery, any similar regulations that may be
developed by the department specifically to govern freestanding
cardiac catheterization laboratories, and to the following
regulations:  subdivisions (a) and (d) of Section 70129 of;
paragraphs (1), (2), (3), and (4) of subdivision (a) of, and
subdivision (i) of Section 70433 of; paragraphs (1), (3), (4), and
(5) of subdivision (a) of Section 70435 of; subparagraphs (A), (B),
and (D) of paragraph (1) of, and paragraphs (5) and (7) of,
subdivision (b) of Section 70437 of; subdivision (a) of Section 70439
of; Sections 70841, 75021, and 75022 of; subdivision (a) of Section
75023 of; Sections 75024, 75025, and 75026 of; subdivisions (a), (b),
and (c) of Section 75027 of; subdivision (b) of Section 75029 of;
Section 75030 of; subdivision (b) of Section 75031 of; Sections
75034, 75035, 75037, 75039, 75045, and 75046 of; subdivision (a) of
Section 75047 of; and Sections 75050, 75051, 75052, 75053, 75054,
75055, 75057, 75059, 75060, 75061, 75062, 75063, 75064, 75065, 75066,
75071, and 75072 of; Title 22 of the California Code of Regulations.

   (c) A laboratory granted a license pursuant to this section shall
have a system for the ongoing evaluation of its operations and the
services it provides.  This system shall include a written plan for
evaluating the efficiency and effectiveness of the health care
services provided that describes the following:
   (1) The scope of the services provided.
   (2) Measurement indicators regarding the processes and outcomes of
the services provided.
   (3) The assignment of responsibility when the data from the
measurement indicators demonstrates the need for action.
   (4) A mechanism to ensure followup evaluation of the effectiveness
of the actions taken.
   (5) An annual evaluation of the plan.
   (d) A laboratory granted a license pursuant to this section is
authorized to perform only the following diagnostic procedures:
   (1) Right heart catheterization or angiography, or both.
   (2) Left heart catheterization or angiography, or both.
   (3) Coronary catheterization and angiography.
   (4) Electrophysiology studies.
   (e) A laboratory granted a license pursuant to this section shall
only perform its procedures on adults, on an outpatient basis.  Each
laboratory shall define patient characteristics that are appropriate
for safe performance of procedures in the laboratory, and include
evaluation of these criteria in its quality assurance process.
   (f) Notwithstanding the requirements already set forth in this
chapter, freestanding cardiac catheterization laboratories shall
comply with all other applicable federal, state, and local laws.
   (g) This section shall become operative upon the effective date of
the bill adding this section, and does not require the department to
adopt regulations.

      CHAPTER 2.  POSTSURGICAL CARE DEMONSTRATION PROJECT

   128600.  (a) The Office of Statewide Health Planning and
Development shall conduct a demonstration project to evaluate the
accommodation of postsurgical care patients for periods not exceeding
two days, except that the attending physician and surgeon may
require that the stay be extended to no more than three days.
   (b) (1) The demonstration project shall operate for a period not
to exceed six years, for no more than 12 project sites, one of which
shall be located in Fresno County.  However, the demonstration
project shall be extended an additional three years, to September 30,
1997, only for those project sites that were approved by the office
and operational prior to January 1, 1994.
   (2) Any of the 12 project sites may be distinct parts of health
facilities, or any of those sites may be physically freestanding from
health facilities.  None of the project sites that are designated as
distinct parts of health facilities, shall be located in the service
area of any one of the six freestanding project sites.  None of the
project sites that are designated as distinct parts of health
facilities shall have a service area that overlaps with any one or
more service areas of the freestanding pilot sites.  For the purposes
of this section, service area shall be defined by the office.
   (c) (1) The office shall establish standards for participation,
commensurate with the needs of postsurgical care patients requiring
temporary nursing services following outpatient surgical procedures.

   (2) In preparing the standards for participation, the office may,
as appropriate, consult with the state department and with a
technical advisory committee which may be appointed by the Director
of the Office of Statewide Health Planning and Development.  The
committee shall have no more than eight members, all of whom shall be
experts in health care, as determined by the director of the office.
  One of the members of the committee shall, as determined by the
director of the office, have specific expertise in the area of
pediatric surgery and recovery care.
   (3) If a technical advisory committee is established by the
director of the office, members of the committee shall be reimbursed
for any actual and necessary expenses incurred in connection with
their duties as members of the committee.
   (d) Not later than six months prior to the conclusion of the
demonstration project, the office shall submit an evaluation of the
demonstration project to the Legislature on the effectiveness and
safety of the demonstration project in providing recovery services to
patients receiving outpatient surgical services.  The office, as
part of the evaluation, shall include recommendations regarding the
establishment of a new license category or amendment of existing
licensing standards.
   (e) The office shall establish and administer the demonstration
project in facilities with no more than 20 beds which continuously
meet the standards of skilled nursing facilities licensed under
subdivision (c) of Section 1250, except that the office may, as
appropriate and unless a danger to patients would be created,
eliminate or modify the standards.  This section shall not prohibit
general acute care hospitals from participating in the demonstration
project.  The office may waive those building standards applicable to
a project site which is a distinct part of a health facility which
are inappropriate, as determined by the office, to the demonstration
project.  Notwithstanding health facility licensing regulations
contained in Division 5 (commencing with Section 70001) of Title 22
of the California Code of Regulations, a project site which is a
distinct part of a health facility shall comply with all standards
for participation established by the office and with all regulations
adopted by the office to implement this section.  A project site
which is a distinct part of a health facility shall not, for the
duration of the pilot project, be subject to Division 5 (commencing
with Section 70001) of Title 22 of the California Code of Regulations
which conflict, as determined by the office, with the demonstration
project standards or regulations.
   (f) The department shall issue a facility identification number to
each facility selected for participation in the demonstration
project.
   (g) Persons who wish to establish recovery care programs shall
make application to the office for inclusion in the pilot program.
Applications shall be made on forms provided by the office and shall
contain sufficient information determined as necessary by the office.

   (h) As a condition of participation in the pilot program, each
applicant shall agree to provide statistical data and patient
information that the office deems necessary for effective evaluation.
  It is the intent of the Legislature that the office shall develop
procedures to assure the confidentiality of patient information and
shall only disclose patient information, including name
identification, as is necessary pursuant to this section or any other
law.
   (i) Any authorized officer, employee, or agent of the office or
the state department may, upon presentation of proper identification,
enter and inspect any building or premises and any records,
including patient records, of a pilot project participant at any
reasonable time to review compliance with, or to prevent any
violation of, this section or the regulations and standards adopted
thereunder.
   (j) The office may suspend or withdraw approval of any or all
pilot projects with notice, but without hearing if it determines that
patient safety is being jeopardized.
   (k) The office may charge applicants and participants in the
program a reasonable fee to cover its actual cost of administering
the pilot program and the cost of any committee created under this
section.
   (l) The office may contract with a medical consultant or other
advisers as necessary, as determined by the office.  Due to the
necessity to expedite the demonstration project and its extremely
specialized nature, the contracts shall be exempt from Section 10373
of the Public Contract Code, and shall be considered sole-source
contracts.
   (m) The office may adopt emergency regulations to implement this
section in accordance with Section 11346.1 of the Government Code,
except that the regulations shall be exempt from the requirements of
subdivisions (e), (f), and (g) of that section.  The regulations
shall be deemed an emergency for the purposes of Section 11346.1 of
the Government Code.
   Applications to establish any of the four project sites authorized
by the amendments made to this section during the 1987-88 Regular
Session of the California Legislature shall be considered by the
office from among the applications submitted to it in response to its
initial request for proposal process.
   (n) Any administrative opinion, decision, waiver, permit, or
finding issued by the office prior to July 1, 1990, with respect to
any of the demonstration projects approved by the office prior to
July 1, 1990, shall automatically be extended by the office to remain
fully effective as long as the demonstration projects are required
to operate pursuant to this section.
   (o) The office shall not grant approval to a postsurgical recovery
care facility, as defined in Section 97500.111 of Title 22 of the
California Code of Regulations, which is freestanding, as defined in
Section 97500.49 of Title 22 of the California Code of Regulations,
to begin operation as a participating demonstration project if it is
located in the County of Solano.
   128605.  (a) In addition to the 12 postsurgical care demonstration
project sites authorized in Section 128600, the office may approve
one additional freestanding demonstration project, in accordance with
the requirements of Section 128600, in a site that is in a rural
area.  For the purposes of this section, "rural area" means any area
of the state that is not in a metropolitan statistical area as
described in the publication "State and Metropolitan Area Data Book,"
1986, published by the United States Department of Commerce.
   (b) In order to receive applications for this one additional rural
project site, the office shall accept additional applications until
October 31, 1988.

      PART 5.  HEALTH DATA
      CHAPTER 1.  HEALTH FACILITY DATA

   128675.  This chapter shall be known as the Health Data and
Advisory Council Consolidation Act.
   128680.  The Legislature hereby finds and declares that:
   (a) Significant changes have taken place in recent years in the
health care marketplace and in the manner of reimbursement to health
facilities by government and private third-party payers for the
services they provide.
   (b) These changes have permitted the state to reevaluate the need
for, and the manner of data collection from health facilities by the
various state agencies and commissions.
   (c) It is the intent of the Legislature that as a result of this
reevaluation that the data collection function be consolidated in a
single state agency.  It is the further intent of the Legislature
that the single state agency only collect that data from health
facilities that are essential.  The data should be collected, to the
extent practical on consolidated, multipurpose report forms for use
by all state agencies.
   (d) It is the further intent of the Legislature to eliminate the
California Health Facilities Commission and the State Advisory Health
Council, and to create a single advisory commission to assume
consolidated data collection and planning functions.
   (e) It is the Legislature's further intent that the review of the
data that the state collects be an ongoing function.  The office,
with the advice of the advisory commission, shall annually review
this data for need and shall revise, add, or delete items as
necessary.  The commission and the office shall consult with affected
state agencies and the affected industry when adding or eliminating
data items.  However, the office shall neither add nor delete data
items to the Hospital Discharge Abstract Data Record or the quarterly
reports without prior authorizing legislation, unless specifically
required by federal law or judicial decision.
   (f) The Legislature recognizes that the authority for the
California Health Facilities Commission is scheduled to expire
January 1, 1986.  It is the intent of the Legislature, by the
enactment of this chapter, to continue the uniform system of
accounting and reporting established by the commission and required
for use by health facilities.  It is also the intent of the
Legislature to continue an appropriate, cost-disclosure program.
   128685.  Intermediate care facilities/developmentally
disabled-habilitative, as defined in subdivision (e) of Section 1250,
are not subject to this chapter.
   128690.  Intermediate care facilities/developmentally
disabled--nursing, as defined in subdivision (h) of Section 1250, are
not subject to this chapter.
   128695.  There is hereby created the California Health Policy and
Data Advisory Commission to be composed of 11 members.
   The Governor shall appoint seven members, one of whom shall be a
hospital chief executive officer, one of whom shall be a long-term
care facility chief executive officer, one of whom shall be a
representative of the health insurance industry involved in
establishing premiums or underwriting, one of whom shall be a
representative of a group prepayment health care service plan, one of
whom shall be a representative of a business coalition concerned
with health, and two of whom shall be general members.  The Speaker
of the Assembly shall appoint two members, one of whom shall be a
physician and surgeon and one of whom shall be a general member.  The
Senate Rules Committee shall appoint two members, one of whom shall
be a representative of a labor coalition concerned with health, and
one of whom shall be a general member.
   The chairperson shall be designated by the Governor.  The Governor
shall designate four original appointments that will be for
four-year terms.  The Governor shall designate three original
appointments that shall be for two-year terms.  The Speaker of the
Assembly shall designate one original appointment that will be for
two years and one original appointment that will be for four years.
The Senate Rules Committee shall designate one original appointment
that will be for two years and one original appointment that will be
four years.  Thereafter, all appointments shall be for four-year
terms.
   In addition to the 11 original appointees to the commission, the
chairperson of the Advisory Health Council on December 31, 1985, and
the chairperson of the California Health Facilities Commission on
December 31, 1985, shall also serve four-year terms.  During their
terms when the commission shall have 13 members, they shall be full
voting representatives.
   128700.  As used in this chapter, the following terms mean:
   (a) "Commission" means the California Health Policy and Data
Advisory Commission.
   (b) "Health facility" or "health facilities" means all health
facilities required to be licensed pursuant to Chapter 2 (commencing
with Section 1250) of Division 2.
   (c) "Hospital" means all health facilities except skilled nursing,
intermediate care, and congregate living health facilities.
   (d) "Office" means the Office of Statewide Health Planning and
Development.
   (e) "Risk-adjusted outcomes" means the clinical outcomes of
patients grouped by diagnoses or procedures that have been adjusted
for demographic and clinical factors.
   128705.  On and after January 1, 1986, any reference in this code
to the Advisory Health Council shall be deemed a reference to the
California Health Policy and Data Advisory Commission.
   128710.  The California Health Policy and Data Advisory Commission
shall meet at least once every two months, or more often if
necessary to fulfill its duties.
   128715.  The members of the commission shall receive per diem of
one hundred dollars ($100) for each day actually spent in the
discharge of official duties and shall be reimbursed for any actual
and necessary expenses incurred in connection with their duties as
members of the commission.

       128720.  The commission may appoint an executive secretary
subject to approval by the Secretary of Health and Welfare.  The
office shall provide other staff to the commission as the office and
the commission deem necessary.
   128725.  The functions and duties of the commission shall include
the following:
   (a) Advise the office on the implementation of the new,
consolidated data system.
   (b) Advise the office regarding the ongoing need to collect and
report health facility data and other provider data.
   (c) Annually develop a report to the director of the office
regarding changes that should be made to existing data collection
systems and forms.  Copies of the report shall be provided to the
Senate Health and Human Services Committee and to the Assembly Health
Committee.
   (d) Advise the office regarding changes to the uniform accounting
and reporting systems for health facilities.
   (e) Conduct public meetings for the purposes of obtaining input
from health facilities, other providers, data users, and the general
public regarding this chapter and Chapter 1 (commencing with Section
127125) of Part 2.
   (f) Advise the Secretary of Health and Welfare on the formulation
of general policies that shall advance the purposes of this chapter.

   (g) Advise the office on the adoption, amendment, or repeal of
regulations it proposes prior to their submittal to the Office of
Administrative Law.
   (h) Advise the office on the format of individual health facility
or other provider data reports and on any technical and procedural
issues necessary to implement this chapter.
   (i) Advise the office on the formulation of general policies that
shall advance the purposes of Chapter 1 (commencing with Section
127125) of Part 2.
   (j) Recommend, in consultation with a 12-member technical advisory
committee appointed by the chairperson of the commission, to the
office the data elements necessary for the production of outcome
reports required by Section 128745.
   (k) The technical advisory committee appointed pursuant to
subdivision (j) shall be composed of two members who shall be
hospital representatives appointed from a list of at least six
persons nominated by the California Association of Hospitals and
Health Systems, two members who shall be physicians and surgeons
appointed from a list of at least six persons nominated by the
California Medical Association, two members who shall be registered
nurses appointed from a list of at least six persons nominated by the
California Nurses Association, one medical record practitioner who
shall be appointed from a list of at least six persons nominated by
the California Health Information Association, one member who shall
be a representative of a hospital authorized to report as a group
pursuant to subdivision (d) of Section 128760, two members who shall
be representative of California research organizations experienced in
effectiveness review of medical procedures or surgical procedures,
or both procedures, one member representing the Health Access
Foundation, and one member representing the Consumers Union.  Members
of the technical advisory committee shall serve without
compensation, but shall be reimbursed for any actual and necessary
expenses incurred in connection with their duties as members of the
technical advisory committee.
   The commission shall submit its recommendation to the office
regarding the first of the reports required pursuant to subdivision
(a) of Section 128745 no later than January 1, 1993.  The technical
advisory committee shall submit its initial recommendations to the
commission pursuant to subdivision (d) of Section 128750 no later
than January 1, 1994.  The commission, with the advice of the
technical advisory committee, may periodically make additional
recommendations under Section 128745 to the office, as appropriate.
   (l) As the office and the commission deem necessary, the
commission may establish committees and appoint persons who are not
members of the commission to these committees as are necessary to
carry out the purposes of the commission.  Representatives of area
health planning agencies shall be invited, as appropriate, to serve
on committees established by the office and the commission relative
to the duties and responsibilities of area health planning agencies.
Members of the standing committees shall serve without compensation,
but shall be reimbursed for any actual and necessary expenses
incurred in connection with their duties as members of these
committees.
   Whenever the office or the commission does not accept the advice
of the other body on proposed regulations or on major policy issues,
the office or the commission shall provide a written response on its
action to the other body within 30 days, if so requested.
   The commission or the office director may appeal to the Secretary
of Health and Welfare over disagreements on policy, procedural, or
technical issues.
   128730.  (a) Effective January 1, 1986, the office shall be the
single state agency designated to collect the following health
facility or clinic data for use by all state agencies:
   (1) That data required by the office pursuant to Section 127285.
   (2) That data required in the Medi-Cal cost reports pursuant to
Section 14170 of the Welfare and Institutions Code.
   (3) Those data items formerly required by the California Health
Facilities Commission that are listed in Sections 128735 and 128740.
Information collected pursuant to subdivision (g) of Section 128735
shall be made available to the State Department of Health Services.
The department shall ensure that the patient's rights to
confidentiality shall not be violated in any manner.  The department
shall comply with all applicable policies and requirements involving
review and oversight by the State Committee for the Protection of
Human Subjects.
   (b) The office shall consolidate any and all of the reports listed
under this section or Sections 128735 and 128740, to the extent
feasible, to minimize the reporting burdens on hospitals.  Provided,
however, that the office shall neither add nor delete data items from
the Hospital Discharge Abstract Data Record or the quarterly reports
without prior authorizing legislation, unless specifically required
by federal law or regulation or judicial decision.
   128735.  Every organization that operates, conducts, or maintains
a health facility and the officers thereof, shall make and file with
the office, at the times as the office shall require, all of the
following reports on forms specified by the office that shall be in
accord where applicable with the systems of accounting and uniform
reporting required by this part, except the reports required pursuant
to subdivision (g) shall be limited to hospitals:
   (a) A balance sheet detailing the assets, liabilities, and net
worth of the health facility at the end of its fiscal year.
   (b) A statement of income, expenses, and operating surplus or
deficit for the annual fiscal period, and a statement of ancillary
utilization and patient census.
   (c) A statement detailing patient revenue by payer, including, but
not limited to, Medicare, Medi-Cal, and other payers, and revenue
center except that hospitals authorized to report as a group pursuant
to subdivision (d) of Section 128760 are not required to report
revenue by revenue center.
   (d) A statement of cash-flows, including, but not limited to,
ongoing and new capital expenditures and depreciation.
   (e) A statement reporting the information required in subdivisions
(a), (b), (c), and (d) for each separately licensed health facility
operated, conducted, or maintained by the reporting organization,
except those hospitals authorized to report as a group pursuant to
subdivision (d) of Section 128760.
   (f) The office shall consult with the County Hospital Committee of
the California Hospital Association, the County Supervisors
Association of California, and the California Association of Public
Hospitals to improve the accuracy of indigent care revenue reporting
and shall present legislative or regulatory recommendations for such
improvements by March 30, 1985.
   (g) A Hospital Discharge Abstract Data Record that includes all of
the following:
   (1) Date of birth.
   (2) Sex.
   (3) Race.
   (4) ZIP Code.
   (5) Patient social security number, if it is contained in the
patient's medical record.
   (6) Prehospital care and resuscitation, if any, including all of
the following:
   (A) "Do not resuscitate" (DNR) order at admission.
   (B) "Do not resuscitate" (DNR) order after admission.
   (7) Admission date.
   (8) Source of admission.
   (9) Type of admission.
   (10) Discharge date.
   (11) Principal diagnosis and whether the condition was present at
admission.
   (12) Other diagnoses and whether the conditions were present at
admission.
   (13) External cause of injury.
   (14) Principal procedure and date.
   (15) Other procedures and dates.
   (16) Total charges.
   (17) Disposition of patient.
   (18) Expected source of payment.
   (h) No person reporting data pursuant to this section shall be
liable for damages in any action based on the use or misuse of
patient-identifiable data that has been mailed or otherwise
transmitted to the office pursuant to the requirements of subdivision
(g).
   A hospital or its designee shall semiannually file the Hospital
Discharge Abstract Data Record not later than six months after the
end of each semiannually period, commencing six months after January
1, 1986.  A hospital may submit the Hospital Discharge Abstract Data
Record in a computer tape format, and a hospital shall use coding
from the International Classification of Diseases in reporting
diagnoses and procedures.
   128740.  (a) Commencing with the first calendar quarter of 1992,
the following summary financial and utilization data shall be
reported to the office by each hospital within 45 days of the end of
every calendar quarter.  Adjusted reports reflecting changes as a
result of audited financial statements may be filed within four
months of the close of the hospital's fiscal or calendar year.  The
quarterly summary financial and utilization data shall conform to the
uniform description of accounts as contained in the Accounting and
Reporting Manual for California Hospitals and shall include all of
the following:
   (1) Number of licensed beds.
   (2) Average number of available beds.
   (3) Average number of staffed beds.
   (4) Number of discharges.
   (5) Number of inpatient days.
   (6) Number of outpatient visits.
   (7) Total operating expenses.
   (8) Total inpatient gross revenues by payer, including Medicare,
Medi-Cal, county indigent programs, other third parties, and other
payers.
   (9) Total outpatient gross revenues by payer, including Medicare,
Medi-Cal, county indigent programs, other third parties, and other
payers.
   (10) Deductions from revenue in total and by component, including
the following:  Medicare contractual adjustments, Medi-Cal
contractual adjustments, and county indigent program contractual
adjustments, other contractual adjustments, bad debts, charity care,
restricted donations and subsidies for indigents, support for
clinical teaching, teaching allowances, and other deductions.
   (11) Total capital expenditures.
   (12) Total net fixed assets.
   (13) Total number of inpatient days, outpatient visits, and
discharges by payer, including Medicare, Medi-Cal, county indigent
programs, other third parties, self-pay, charity, and other payers.
   (14) Total net patient revenues by payer including Medicare,
Medi-Cal, county indigent programs, other third parties, and other
payers.
   (15) Other operating revenue.
   (16) Nonoperating revenue net of nonoperating expenses.
   (b) Hospitals reporting pursuant to subdivision (d) of Section
128760 may provide the items in paragraphs (7), (8), (9), (10), (14),
(15), and (16) of subdivision (a) on a group basis, as described in
subdivision (d) of Section 128760.
   (c) The office shall make available at cost, to all interested
parties, a hard copy of any hospital report made pursuant to this
section and in addition to hard copies, shall make available at cost,
a computer tape of all reports made pursuant to this section within
105 days of the end of every calendar quarter.
   (d) The office, with the advice of the commission, shall adopt by
regulation guidelines for the identification, assessment, and
reporting of charity care services.  In establishing the guidelines,
the office shall consider the principles and practices recommended by
professional health care industry accounting associations for
differentiating between charity services and bad debts.  The office
shall further conduct the onsite validations of health facility
accounting and reporting procedures and records as are necessary to
assure that reported data are consistent with regulatory guidelines.

   This section shall become operative January 1, 1992.
   128745.  (a) Commencing July 1993, and annually thereafter, the
office shall publish risk-adjusted outcome reports in accordance with
the following schedule:


                                     Procedures and
     Publication        Period         Conditions
        Date           Covered          Covered
     July 1993         1988-90             3
     July 1994         1989-91             6
     July 1995         1990-92             9

   Reports for subsequent years shall include conditions and
procedures and cover periods as appropriate.
   (b) The procedures and conditions to be reported shall be divided
equally among medical, surgical and obstetric conditions or
procedures and shall be selected by the office, based on the
recommendations of the commission and the advice of the technical
advisory committee set forth in subdivision (j) of Section 128725.
The selections shall be in accordance with all of the following
criteria:
   (1) The patient discharge abstract contains sufficient data to
undertake a valid risk adjustment.
   (2) The relative importance of the procedure and condition in
terms of the cost of cases and the number of cases.
   (3) Ability to measure outcome and the likelihood that care
influences outcome.
   (4) Reliability of the diagnostic and procedure data.
   (c) The annual reports shall compare the risk-adjusted outcomes
experienced by all patients treated for the selected conditions and
procedures in each California hospital during the period covered by
each report, to the outcomes expected.  Outcomes shall be reported in
the five following groupings:
   (1) "Much higher than average outcomes," for hospitals with
risk-adjusted outcomes much higher than the norm.
   (2) "Higher than average outcomes," for hospitals with
risk-adjusted outcomes higher than the norm.
   (3) "Average outcomes," for hospitals with average risk-adjusted
outcomes.
   (4) "Lower than average outcomes," for hospitals with
risk-adjusted outcomes lower than the norm.
   (5) "Much lower than average outcomes," for hospitals with
risk-adjusted outcomes much lower than the norm.
   128750.  (a) Prior to the public release of the annual outcome
reports the office shall furnish a preliminary report to each
hospital that is included in the report.  The office shall allow the
hospital and chief of staff 60 days to review the outcome scores and
compare the scores to other California hospitals.  A hospital or its
chief of staff that believes that the risk-adjusted outcomes do not
accurately reflect the quality of care provided by the hospital may
submit a statement to the office, within the 60 days, explaining why
the outcomes do not accurately reflect the quality of care provided
by the hospital.  The statement shall be included in an appendix to
the public report, and a notation that the hospital or its chief of
staff has submitted a statement shall be displayed wherever the
report presents outcome scores for the hospital.
   (b) The office shall, in addition to public reports, provide
hospitals and the chiefs of staff of the medical staffs with a report
containing additional detailed information derived from data
summarized in the public outcome reports as an aid to internal
quality assurance.
   (c) If, pursuant to the recommendations of the office, based on
the advice of the commission, in response to the recommendations of
the technical advisory committee made pursuant to subdivision (d) of
this section, the Legislature subsequently amends Section 128735 to
authorize the collection of additional discharge data elements, then
the outcome reports for conditions and procedures for which
sufficient data is not available from the current abstract record
will be produced following the collection and analysis of the
additional data elements.
   (d) The recommendations of the technical advisory committee for
the addition of data elements to the discharge abstract should take
into consideration the technical feasibility of developing reliable
risk-adjustment factors for additional procedures and conditions as
determined by the technical advisory committee with the advice of the
research community, physicians and surgeons, hospitals, and medical
records personnel.
   (e) The technical advisory committee at a minimum shall identify a
limited set of core clinical data elements to be collected for all
of the added procedures and conditions and unique clinical variables
necessary for risk adjustment of specific conditions and procedures
selected for the outcomes report program.  In addition, the committee
should give careful consideration to the costs associated with the
additional data collection and the value of the specific information
to be collected.
   (f) The technical advisory committee shall also engage in a
continuing process of data development and refinement applicable to
both current and prospective outcome studies.
   128755.  (a) (1) Hospitals shall file the reports required by
subdivisions (a), (b), (c), and (d) of Section 128735 with the office
within four months after the close of the hospital's fiscal year
except as provided in paragraph (2).
   (2) If a licensee relinquishes the facility license or puts the
facility license in suspense, the last day of active licensure shall
be deemed a fiscal year end.
   (3) The office shall make the reports filed pursuant to this
subdivision available no later than three months after they were
filed.
   (b) (1) Skilled nursing facilities, intermediate care facilities,
intermediate care facilities/developmentally disabled, and congregate
living facilities, including nursing facilities certified by the
state department to participate in the Medi-Cal program, shall file
the reports required by subdivisions (a), (b), (c), and (d) of
Section 128735 with the office within four months after the close of
the facility's fiscal year, except as provided in paragraph (2).
   (2) (A) If a licensee relinquishes the facility license or puts
the facility licensure in suspense, the last day of active licensure
shall be deemed a fiscal year end.
   (B) If a fiscal year end is created because the facility license
is relinquished or put in suspense, the facility shall file the
reports required by subdivisions (a), (b), (c), and (d) of Section
128735 within two months after the last day of active licensure.
   (3) The office shall make the reports filed pursuant to paragraph
(1) available not later than three months after they are filed.
   (4) (A) Effective for fiscal years ending on or after December 31,
1991, the reports required by subdivisions (a), (b), (c), and (d) of
Section 128735 shall be filed with the office by electronic media,
as determined by the office.
   (B) Congregate living health facilities are exempt from the
electronic media reporting requirements of subparagraph (A).
   (c) The reports required by subdivision (g) of Section 128735
shall be filed semiannually by each hospital or its designee not
later than six months after the end of each semiannual period,
commencing six months after January 1, 1986, and shall be available
from the office no later than six months after the date that the
report was filed.
   (d) The reports referred to in paragraph (2) of subdivision (a) of
Section 128730 shall be filed with the office on the dates required
by applicable law and shall be available from the office no later
than six months after the date that the report was filed.
   (e) The office shall make available at cost, to all interested
parties, a hard copy of any health facility report referred to in
subdivision (a), (b), (c), (d), or (g) of Section 128735 and in
addition to hard copies, shall make available at cost, computer tapes
of the health facility reports referred to in subdivision (a), (b),
(c), (d), or (g) of Section 128735, unless the office determines that
an individual patient's rights of confidentiality would be violated.

   128760.  (a) On and after January 1, 1986, those systems of health
facility accounting and auditing formerly approved by the California
Health Facilities Commission shall remain in full force and effect
for use by health facilities but shall be maintained by the office
with the advice of the Health Policy and Data Advisory Commission.
   (b) The office, with the advice of the commission, shall allow and
provide, in accordance with appropriate regulations, for
modifications in the accounting and reporting systems for use by
health facilities in meeting the requirements of this chapter if the
modifications are necessary to do any of the following:
   (1) To correctly reflect differences in size of, provision of, or
payment for, services rendered by health facilities.
   (2) To correctly reflect differences in scope, type, or method of
provision of, or payment for, services rendered by health facilities.

   (3) To avoid unduly burdensome costs for those health facilities
in meeting the requirements of differences pursuant to paragraphs (1)
and (2).
   (c) Modifications to discharge data reporting requirements.  The
office, with the advice of the commission, shall allow and provide,
in accordance with appropriate regulations, for modifications to
discharge data reporting format and frequency requirements if these
modifications will not impair the office's ability to process the
data or interfere with the purposes of this chapter.  This
modification authority shall not be construed to permit the office to
administratively require the reporting of discharge data items not
specified in Section 128735.
   (d) Reporting provisions for health facilities.  The office, with
the advice of the commission, shall establish specific reporting
provisions for health facilities that receive a preponderance of
their revenue from associated comprehensive group-practice prepayment
health care service plans.  These health facilities shall be
authorized to utilize established accounting systems, and to report
costs and revenues in a manner that is consistent with the operating
principles of these plans and with generally accepted accounting
principles.  When these health facilities are operated as units of a
coordinated group of health facilities under common management, they
shall be authorized to report as a group rather than as individual
institutions.  As a group, they shall submit a consolidated income
and expense statement.
   Hospitals authorized to report as a group under this subdivision
may elect to file cost data reports required under the regulations of
the Social Security Administration in its administration of Title
XVIII of the federal Social Security Act in lieu of any comparable
cost reports required under Section 128735.  However, to the extent
that cost data is required from other hospitals, the cost data shall
be reported for each individual institution.
   The office, with the advice of the commission, shall adopt
comparable modifications to the financial reporting requirements of
this chapter for county hospital systems consistent with the purposes
of this chapter.
   128765.  (a) The office, with the advice of the commission, shall
maintain a file of all the reports filed under this chapter at its
Sacramento office.  Subject to any rules the office, with the advice
of the commission, may prescribe, these reports shall be produced and
made available for inspection upon the demand of any person, with
the exception of hospital discharge abstract data that shall be
available for public inspection unless the office determines that an
individual patient's rights of confidentiality would be violated.
   (b) Copies certified by the office as being true and correct,
copies of reports properly filed with the office pursuant to this
chapter, together with summaries, compilations, or supplementary
reports prepared by the office, shall be introduced as evidence,
where relevant, at any hearing, investigation, or other proceeding
held, made, or taken by any state, county, or local governmental
agency, board, or commission that participates as a purchaser of
health facility services pursuant to the provisions of a publicly
financed state or federal health care program.  Each of these state,
county, or local governmental agencies, boards, and commissions shall
weigh and consider the reports made available to it pursuant to the
provisions of this subdivision in its formulation and implementation
of policies, regulations, or procedures regarding reimbursement
methods and rates in the administration of these publicly financed
programs.
   (c) The office, with the advice of the commission, shall compile
and publish summaries of the data for the purpose of public
disclosure.  The commission shall approve the policies and procedures
relative to the manner of data disclosure to the public.  The
office, with the advice of the commission, may initiate and conduct
studies as it determines will advance the purposes of this chapter.
   (d) In order to assure that accurate and timely data are available
to the public in useful formats, the office shall establish a public
liaison function.  The public liaison shall provide technical
assistance to the general public on the uses and applications of
individual and aggregate health facility data and shall provide the
director and the commission with an annual report on changes that can
be made to improve the public's access to data.
   (e) In addition to its public liaison function, the office shall
continue the publication of aggregate industry and individual health
facility cost and operational data published by the California Health
Facilities Commission as described in subdivision (b) of Section
441.95, as that section existed on December 31, 1985.  This
publication shall be submitted to
         the Legislature not later than March 1 of each year
commencing with calendar year 1986 and in addition shall be offered
for sale as a public document.
   128770.  (a) Any health facility that does not file any report as
required by this chapter with the office is liable for a civil
penalty of one hundred dollars ($100) a day for each day the filing
of any report is delayed.  No penalty shall be imposed if an
extension is granted in accordance with the guidelines and procedures
established by the office, with the advice of the commission.
   (b) Any health facility that does not use an approved system of
accounting pursuant to the provisions of this chapter for purposes of
submitting financial and statistical reports as required by this
chapter shall be liable for a civil penalty of not more than five
thousand dollars ($5,000).
   (c) Civil penalties are to be assessed and recovered in a civil
action brought in the name of the people of the State of California
by the office.  Assessment of a civil penalty may, at the request of
any health facility, be reviewed on appeal, and the penalty may be
reduced or waived for good cause.
   (d) Any money that is received by the office pursuant to this
section shall be paid into the General Fund.
   128775.  Any health facility affected by any determination made
under this chapter by the office may petition the office for review
of the decision.  This petition shall be filed with the office within
15 business days, or within a greater time that the office, with the
advice of the commission, may allow, and shall specifically describe
the matters that are disputed by the petitioner.
   A hearing shall be commenced within 60 calendar days of the date
that the petition was filed.  The hearing shall be held before an
employee of the office, a hearing officer employed by the Office of
Administrative Hearings, or a committee of the commission chosen by
the chairperson for this purpose.  If held before an employee of the
office or a committee of the commission, the hearing shall be held in
accordance with procedures as the office, with the advice of the
commission, shall prescribe.  If held before a hearing officer
employed by the Office of Administrative Hearings, the hearing shall
be held in accordance with Chapter 5 (commencing with Section 11500)
of Division 3 of the Government Code.  The employee, hearing officer,
or committee shall prepare a recommended decision including findings
of fact and conclusions of law and present it to the office for its
adoption.  The decision of the office shall be in writing and shall
be final.  The decision of the office shall be made within 60
calendar days after the conclusion of the hearing and shall be
effective upon filing and service upon the petitioner.
   Judicial review of any final action, determination, or decision
may be had by any party to the proceedings as provided in Section
1094.5 of the Code of Civil Procedure.  The decision of the office
shall be upheld against a claim that its findings are not supported
by the evidence unless the court determines that the findings are not
supported by substantial evidence.
   The employee of the office, the hearing officer employed by the
Office of Administrative Hearings, the Office of Administrative
Hearings, or the committee of the commission, may issue subpoenas and
subpoenas duces tecum in a manner and subject to the conditions
established by Section 11510 of the Government Code.
   128780.  Notwithstanding any other provision of law, the
disclosure aspects of this chapter shall be deemed complete with
respect to district hospitals, and no district hospital shall be
required to report or disclose any additional financial or
utilization data to any person or other entity except as is required
by this chapter.
   128782.  Notwithstanding any other provision of law, upon the
request of a small and rural hospital, as defined in Section 124840,
that did not file financial reports with the office by electronic
media as of January 1, 1993, the office shall, on a case-by-case
basis, do one of the following:
   (a) Exempt the small and rural hospital from  any electronic
filing requirements of the office regarding annual or quarterly
financial disclosure reports specified in Sections 128735 and 128740.

   (b) Provide a one-time reduction in the fee charged to the small
and rural hospital not to exceed the maximum amount assessed pursuant
to Section 127280 by an amount equal to the costs incurred by the
small and rural hospital to purchase the computer hardware and
software necessary to comply with any electronic filing requirements
of the office regarding annual or quarterly financial disclosure
reports specified in Sections 443.31 and 443.32.
   128785.  On January 1, 1986, all regulations previously adopted by
the California Health Facilities Commission that relate to functions
vested in the office and that are in effect on that date, shall
remain in effect and shall be fully enforceable to the extent that
they are consistent with this chapter, as determined by the office,
unless and until readopted, amended, or repealed by the office
following review and comment by the commission.
   128790.  Pursuant to Section 16304.9 of the Government Code, the
Controller shall transfer to the office the unexpended balance of
funds as of January 1, 1986, in the California Health Facilities
Commission Fund, available for use in connection with the performance
of the functions of the California Health Facilities Commission to
which it has succeeded pursuant to this chapter.
   128795.  All officers and employees of the California Health
Facilities Commission who, on December 31, 1985, are serving the
state civil service, other than as temporary employees, and engaged
in the performance of a function vested in the office by this chapter
shall be transferred to the office.  The status, positions, and
rights of persons shall not be affected by the transfer and shall be
retained by them as officers and employees of the office, pursuant to
the State Civil Service Act except as to positions exempted from
civil service.
   128800.  The office shall have possession and control of all
records, papers, offices, equipment, supplies, moneys, funds,
appropriations, land, or other property, real or personal, held for
the benefit or use of the California Health Facilities Commission for
the performance of functions transferred to the office by this
chapter.
   128805.  The office may enter into agreements and contracts with
any person, department, agency, corporation, or legal entity as are
necessary to carry out the functions vested in the office by this
chapter or any other law.
   128810.  The office shall administer this chapter and shall make
all regulations necessary to implement the provisions and achieve the
purposes stated herein.  The commission shall advise and consult
with the office in carrying out the administration of this chapter.

   128815.  This chapter shall remain in effect only until January 1,
1997, and as of that date is repealed unless a later enacted statute
chaptered prior to that date extends or deletes that date.

      CHAPTER 2.  ANNUAL LICENSURE REPORTS (Reserved)
      CHAPTER 3.  ANNUAL CLINIC REPORTS (Reserved)
      PART 6.  FACILITIES LOAN INSURANCE AND FINANCING
      CHAPTER 1.  HEALTH FACILITY CONSTRUCTION LOAN INSURANCE
      Article 1.  General Provisions

   129000.  This chapter may be cited as the "California Health
Facility Construction Loan Insurance Law."
   129005.  The purpose of this chapter is to provide, without cost
to the state, an insurance program for health facility construction,
improvement, and expansion loans in order to stimulate the flow of
private capital into health facilities construction, improvement, and
expansion and in order to rationally meet the need for new, expanded
and modernized public and nonprofit health facilities necessary to
protect the health of all the people of this state.  The provisions
of this chapter are to be liberally construed to achieve this
purpose.
   129010.  Unless the context otherwise requires, the definitions in
this section govern the construction of this chapter and of Section
32127.2.
   (a) "Bondholder" means the legal owner of a bond or other evidence
of indebtedness issued by a political subdivision or a nonprofit
corporation.
   (b) "Borrower" means a political subdivision or nonprofit
corporation that has secured or intends to secure a loan for the
construction of a health facility.
   (c) "Construction, improvement, or expansion" or "construction,
improvement, and expansion" includes construction of new buildings,
expansion, modernization, renovation, remodeling and alteration of
existing buildings, acquisition of existing buildings or health
facilities, and initial or additional equipping of any of these
buildings.
   In connection therewith, "construction, improvement, or expansion"
or "construction, improvement, and expansion" includes the cost of
construction or acquisition of all structures, including parking
facilities, real or personal property, rights, rights-of-way, the
cost of demolishing or removing any buildings or structures on land
so acquired, including the cost of acquiring any land where the
buildings or structures may be moved, the cost of all machinery and
equipment, financing charges, interest (prior to, during and for a
period after completion of the construction), provisions for working
capital, reserves for principal and interest and for extensions,
enlargements, additions, replacements, renovations and improvements,
cost of engineering, financial and legal services, plans,
specifications, studies, surveys, estimates of cost and of revenues,
administrative expenses, expenses necessary or incident to
determining the feasibility or practicability of constructing or
incident to the construction; or the financing of the construction or
acquisition.
   (d) "Commission" means the California Health Policy and Data
Advisory Commission.
   (e) "Debenture" means any form of written evidence of indebtedness
issued by the State Treasurer pursuant to this chapter, as
authorized by Section 4 of Article XVI of the California
Constitution.
   (f) "Fund" means the Health Facility Construction Loan Insurance
Fund.
   (g) "Health facility" means any facility providing or designed to
provide services for the acute, convalescent, and chronically ill and
impaired, including, but not limited to, public health centers,
community mental health centers, facilities for the developmentally
disabled, nonprofit community care facilities that provide care,
habilitation, rehabilitation or treatment to developmentally disabled
persons, facilities for the treatment of chemical dependency,
including a community care facility, licensed pursuant to Chapter 3
(commencing with Section 1500) of Division 2, a clinic, as defined
pursuant to Chapter 1 (commencing with Section 1200) of Division 2,
an alcoholism recovery facility, defined pursuant to former Section
11834.11, and a structure located adjacent or attached to another
type of health facility and that is used for storage of materials
used in the treatment of chemical dependency, and general
tuberculosis, mental, and other types of hospitals and related
facilities, such as laboratories, outpatient departments, extended
care, nurses' home and training facilities, offices and central
service facilities operated in connection with hospitals, diagnostic
or treatment centers, extended care facilities, nursing homes, and
rehabilitation facilities.  "Health facility" also means an adult day
health center and a multilevel facility.  Except for facilities for
the developmentally disabled, facilities for the treatment of
chemical dependency, or a multilevel facility, or as otherwise
provided in this subdivision, "health facility" does not include any
institution furnishing primarily domiciliary care.
   "Health facility" also means accredited nonprofit work activity
programs as defined in subdivision (e) of Section 19352 and Section
19355 of the Welfare and Institutions Code, and nonprofit community
care facilities as defined in Section 1502, excluding foster family
homes, foster family agencies, adoption agencies, and residential
care facilities for the elderly.
   Unless the context dictates otherwise, "health facility" includes
a political subdivision of the state or nonprofit corporation that
operates a facility included within the definition set forth in this
subdivision.
   (h) "Office" means the Office of Statewide Health Planning and
Development.
   (i) "Lender" means the provider of a loan and its successors and
assigns.
   (j) "Loan" means money or credit advanced for the costs of
construction or expansion of the health facility, and includes both
initial loans and loans secured upon refinancing and may include both
interim, or short-term loans, and long-term loans.  A duly
authorized bond or bond issue, or an installment sale agreement, may
constitute a "loan."
   (k) "Maturity date" means the date that the loan indebtedness
would be extinguished if paid in accordance with periodic payments
provided for by the terms of the loan.
   (l) "Mortgage" means a first mortgage on real estate.  "Mortgage"
includes a first deed of trust.
   (m) "Mortgagee" includes a lender whose loan is secured by a
mortgage.  "Mortgagee" includes a beneficiary of a deed of trust.
   (n) "Mortgagor" includes a borrower, a loan to whom is secured by
a mortgage, and the trustor of a deed of trust.
   (o) "Nonprofit corporation" means any corporation formed under or
subject to the Nonprofit Public Benefit Corporation Law (Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code) that is organized for the purpose of owning and
operating a health facility and that also meets the requirements of
Section 501(c)(3) of the Internal Revenue Code.
   (p) "Political subdivision" means any city, county, joint powers
entity, local hospital district, or the California Health Facilities
Authority.
   (q) "Project property" means the real property where the health
facility is, or is to be, constructed, improved, or expanded, and
also means the health facility and the initial equipment in that
health facility.
   (r) "Public health facility" means any health facility that is or
will be constructed for and operated and maintained by any city,
county, or local hospital district.
   (s) "Adult day health center" means a facility defined under
subdivision (b) of Section 1570.7, that provides adult day health
care, as defined under subdivision (a) of Section 1570.7.
   (t) "Multilevel facility" means an institutional arrangement where
a residential facility for the elderly is operated as a part of, or
in conjunction with, an intermediate care facility, a skilled nursing
facility, or a general acute care hospital.  "Elderly," for the
purposes of this subdivision, means a person 62 years of age or
older.
   129015.  The office shall administer this chapter and shall make
all regulations necessary to implement the provisions and achieve the
purposes stated herein.  The commission, as authorized by this
chapter and by Section 129460, shall advise and consult with the
office in carrying out the administration of this chapter.
   129020.  The office shall implement the loan insurance program for
the construction, improvement, and expansion of public and nonprofit
corporation health facilities so that, in conjunction with all other
existing facilities, the necessary physical facilities for
furnishing adequate health facility services will be available to all
the people of the state.
   The office shall make an inventory of all existing health
facilities and shall survey the need for construction, improvement,
and expansion of public and nonprofit corporation health facilities
and, on the basis of that inventory and survey, shall develop a state
plan.  The office shall submit copies of the state plan to the
Senate Health and Human Services, Senate Appropriations, Assembly
Health, and Assembly Ways and Means Committees.
   The health facility construction loan insurance program shall
provide for health facility distribution throughout the state in a
manner that will make all types of health facility services
reasonably accessible to all persons in the state according to the
state plan.
   In performing its duties under this section, the office may
utilize the state plan developed pursuant to former Section 439.3.
   129022.  Applications submitted to the office shall be signed
under penalty of perjury by the applicant.
   129025.  No insurance shall be provided for loans under this
chapter until a statewide system of health facility planning has been
established so that all hospitals as defined in Section 1250 and
facilities licensed by the department pursuant to Chapter 1
(commencing with Section 1200) to Chapter 2.5 (commencing with
Section 1440), inclusive, except for Chapter 2.2 (commencing with
Section 1340) of Division 2, have been reviewed by an area health
planning agency prior to licensure.  No insurance shall be provided
for a loan under this chapter for a hospital or facility unless it
has been finally approved through the statewide system of health
facility planning.
   129030.  The proceeds of all loans insured pursuant to this
chapter shall be disbursed only upon order of the office or its
designated agent.  The office shall make regulations to insure the
security of these proceeds.
   129035.  From time to time the office or its designated agent
shall inspect each construction project for which loan insurance was
approved, and if the inspection so warrants, the office or agent
shall certify that the work has been performed upon the project, or
purchases have been made, in accordance with the approved plans and
specifications, and that payment of an installment of the loan
proceeds is due to the borrower.  The office shall charge the
borrower a fee for such inspections and certifications, that in no
instance shall exceed four dollars ($4) for each one thousand dollars
($1,000) of the borrower's loan that is insured.  These fees shall
be deposited in the fund.
   129040.  The office shall establish an annual premium charge for
the insurance of hospital construction loans under this chapter, and
this charge shall be deposited in the fund.  The annual premium
charge shall not be more than an amount equivalent to one-half of 1
percent per annum of the average amount of the principal obligation
of the loan during the year in which the charge is made, without
taking into account delinquent payments.  The office may reduce or
eliminate the premium charges for insured loans outstanding for a
period in excess of three years.  These premium charges shall be
payable by the borrower, or, where practicable, by the lender on
account of a delinquent borrower, to the office at times that shall
be established by the office.  The office may require the payment of
one or more premium charges at the time the loan is insured, at a
discount rate as it may prescribe not in excess of the interest rate
specified in the loan.  In the event that the principal obligation of
any insured loan is paid in full prior to the maturity as the office
shall determine to be equitable, of the current unearned premium
charges theretofore paid by the borrower.

      Article 2.  Insurable Loans and Applications Therefor

   129050.  A loan shall be eligible for insurance under this chapter
if all of the following conditions are met:
   (a) When the borrower is a nonprofit corporation, the loan shall
be secured by a mortgage, first lien, trust indenture, or other
security agreement that the office may require subject only to those
conditions, covenants and restrictions, easements, taxes, and
assessments of record approved by the office.  When the borrower is a
political subdivision, the loan may be evidenced by a duly
authorized bond issue.  A loan to a local hospital district or county
may meet the requirement of this subdivision by either method.
   (b) The borrower obtains an American Land Title Association title
insurance policy with the office designated as beneficiary, with
liability equal to the amount of the loan insured under this chapter,
and with additional endorsements that the office may reasonably
require.
   (c) The proceeds of the loan shall be used exclusively for the
construction, improvement, or expansion of the health facility, as
approved by the office under Section 129020.  However, loans insured
pursuant to this chapter may include loans to refinance another prior
loan, whether or not state insured and without regard to the date of
the prior loan, if the office determines that the prior loan would
have been eligible for insurance under this chapter at the time it
was made.  The office may not insure a loan for a health facility
that is not needed as determined by the state plan developed under
the authorization of Section 129020.
   (d) The loan shall have a maturity date not exceeding 30 years
from the date of the beginning of amortization of the loan, except as
authorized by subdivision (e), or 75 percent of the office's
estimate of the economic life of the health facility, whichever is
the lesser.
   (e) The loan shall contain complete amortization provisions
requiring periodic payments by the borrower not in excess of its
reasonable ability to pay as determined by the office.  The office
shall permit a reasonable period of time during which the first
payment to amortization may be waived on agreement by the lender and
borrower.  The office may, however, waive the amortization
requirements of this subdivision and of subdivision (g) of this
section when a term loan would be in the borrower's best interest.
   (f) The loan shall bear interest on the amount of the principal
obligation outstanding at any time at a rate, as negotiated by the
borrower and lender, as the office finds necessary to meet the loan
money market.  As used in this chapter, "interest" does not include
premium charges for insurance and service charges if any.  Where a
loan is evidenced by a bond issue of a political subdivision, the
interest thereon may be at any rate the bonds may legally bear.
   (g) The loan shall provide for the application of the borrower's
periodic payments to amortization of the principal of the loan.
   (h) The loan shall contain those terms and provisions with respect
to insurance, repairs, alterations, payment of taxes and
assessments, foreclosure proceedings, anticipation of maturity,
additional and secondary liens, and other matters the office may in
its discretion prescribe.
   (i) The loan shall have a principal obligation not in excess of an
amount equal to 90 percent of the total construction cost.  Where
the borrower is a political subdivision, the office may fully insure
loans equal to the total construction cost.
   (j) The borrower shall offer reasonable assurance that the
services of the health facility will be made available to all persons
residing or employed in the area served by the facility.
   (k) A certificate of need or certificate of exemption has been
issued for the project to be financed pursuant to Chapter 1
(commencing with Section 127125) of Part 2, unless the project is not
subject to this requirement.
   (l) In the case of acquisitions, a project loan shall be
guaranteed only for transactions not in excess of the fair market
value of the acquisition.
   Fair market value shall be determined, for purposes of this
subdivision, pursuant to the following procedure, that shall be
utilized during the state review of a loan guarantee application:
   (1) Completion of a property appraisal by an appraisal firm
qualified to make  appraisals, as determined by the office, before
closing a loan on the project.
   (2) Evaluation of the appraisal in conjunction with the book value
of the acquisition by the office.  When acquisitions involve
additional construction, the office shall evaluate the proposed
construction to determine that the costs are reasonable for the type
of construction proposed.  In those cases where this procedure
reveals that the cost of acquisition exceeds the current value of a
facility, including improvements, then the acquisition cost shall be
deemed in excess of fair market value.
   (m) Notwithstanding subdivision (i), any loan in the amount of
five million dollars ($5,000,000) or less may be insured up to 95
percent of the total construction cost.
   In determining financial feasibility of projects of counties
pursuant to this section, the office shall take into consideration
any assistance for the project to be provided under Sections 14085.5
and 16715 of the Welfare and Institutions Code or from other sources.
  It is the intent of the Legislature that the office endeavor to
assist counties in whatever ways are possible to arrange loans that
will meet the requirements for insurance prescribed by this section.

   129052.  A pledge by or to the office of, or the grant to the
office of a security interest in, revenues, moneys, accounts,
accounts receivable, contract rights, general intangibles, documents,
instruments, chattel paper, and other rights to payment of whatever
kind made by or to the office pursuant to the authority granted in
this chapter shall be valid and binding from the time the pledge is
made for the benefit of pledgees and successors thereto.  The
revenues, moneys, accounts, accounts receivable, contract rights,
general intangibles, documents, instruments, chattel paper, and other
rights to payment of whatever kind pledged by or to the office or
its assignees shall immediately be subject to the lien of the pledge
without physical delivery or further act.  The lien of such pledge
shall be valid and binding against all parties, irrespective of
whether the parties have notice of the lien.  The indenture, trust
agreement, resolution, or another instrument by which such pledge is
created need not be recorded or the security interest otherwise
perfected.
   129055.  In order to comply with subdivision (j) of Section
129050, the borrower shall demonstrate that its facility is used by
persons for whom the cost of care is reimbursed under Chapter 7
(commencing with Section 14000) of Part 3 of Division 9 of the
Welfare and Institutions Code in a proportion that is reasonable
based upon the proportion of Medi-Cal patients in the community
served by the borrower and by persons for whom the costs of care is
reimbursed under Title XVIII of the federal Social Security Act in a
proportion that is reasonable based upon the proportion of Medicare
patients in the community served by the borrower.
                                   For the purposes of this chapter,
the community served by the facility shall mean the health facility
planning area designated for the planning and review of health
facility beds pursuant to Chapter 1 (commencing with Section 127125)
of Part 2 where the facility is located, unless the office determines
that, or the borrower demonstrates to the satisfaction of the office
that, a different definition is more appropriate for the borrower's
facility.
   129060.  Subdivisions (b) and (c) of Section 129355 shall apply to
any residential or nonresidential alcoholism or drug abuse recovery
or treatment program or facility, as certified under Section 11831.5,
or licensed under former Section 11834.19; and any facility that
provides an organized program of therapeutic, social, and health
activities and services to persons with functional impairments, as
licensed under Section 1576.
   129065.  As part of its assurance under subdivision (j) of Section
129050, the borrower shall agree to the following actions:
   (a) To advise each person seeking services at the borrower's
facility as to the person's potential eligibility for Medi-Cal and
Medicare benefits or benefits from other governmental third party
payers.
   (b) To make available to the office and to any interested person a
list of physicians with staff privileges at the borrower's facility,
that includes:
   (1) Name.
   (2) Speciality.
   (3) Language spoken.
   (4) Whether takes Medi-Cal and Medicare patients.
   (5) Business address and phone number.
   (c) To inform in writing on a periodic basis all practitioners of
the healing arts having staff privileges in the borrower's facility
as to the existence of the facility's community service obligation.
The required notice to practitioners shall contain a statement, as
follows:
   "This hospital has agreed to provide a community service and to
accept Medi-Cal and Medicare patients.  The administration and
enforcement of this agreement is the responsibility of the Office of
Statewide Health Planning and Development and this facility."
   (d) To post notices in the following form, that shall be
multilingual where the borrower serves a multilingual community, in
appropriate areas within the facility, including but not limited to,
admissions offices, emergency rooms, and business offices:

      NOTICE OF COMMUNITY SERVICE OBLIGATION

   "This facility has agreed to make its services available to all
persons residing or employed in this area.  This facility is
prohibited by law from discriminating against Medi-Cal and Medicare
patients.  Should you believe you may be eligible for Medi-Cal or
Medicare, you should contact our business office (or designated
person or office) for assistance in applying.  You should also
contact our business office (or designated person or office) if you
are in need of a physician to provide you with services at this
facility.  If you believe that you have been refused services at this
facility in violation of the community service obligation you should
inform (designated person or office) and the Office of Statewide
Health Planning and Development."

   The borrower shall provide copies of this notice for posting to
all welfare offices in the county where the borrower's facility is
located.
   129070.  In the event the borrower cannot demonstrate that it
meets the requirement of Section 129055, it may nonetheless be
eligible for a loan under this chapter if it presents a plan that is
satisfactory to the office, that details the reasonable steps and
timetables that the borrower agrees to take to bring the facility
into compliance with Section 129055.
   129075.  Each borrower shall make available to the office and to
the public upon request an annual report substantiating compliance
with the requirements of subdivision (j) of Section 129050.  The
annual report shall set forth sufficient information and verification
therefore to indicate the borrower's compliance.  The report shall
include at least the following:
   (a) By category for inpatient admissions, emergency admission, and
where the facility has a separate identifiable outpatient service:
   (1) The total number of patients receiving services.
   (2) The total number of Medi-Cal patients served.
   (3) The total number of Medicare patients served.
   (4) The dollar volume of services provided to each patient
category listed in paragraphs (1), (2), and (3) of this subdivision.

   (b) Where appropriate, the actions taken pursuant to Section
129070 and the effect the actions have had on the data specified in
subdivision (a) of this section.
   (c) Any other information as the office may reasonably require.
   129080.  The office may impose appropriate remedies and sanctions
against a borrower when the office determines that the annual
compliance report required in Section 129075 indicates that the
borrower is out of compliance with subdivision (j) of Section 129050.
  The sanctions shall include, but not be limited to, the following:

   (a) Rendering the borrower ineligible for federal and state
financial assistance under the Hill-Burton Program.
   (b) Requiring a borrower that had originally met the conditions of
Section 129055, but who no longer does, to submit a plan that is
satisfactory to the office that details the reasonable steps and
timetables that the borrower agrees to take to bring the facility
back into compliance with Section 129055.
   (c) Referring the violation to the office of the Attorney General
of California for legal action authorized under existing law or other
remedy at law or equity, when a facility fails to carry out the
actions agreed to in a plan approved by the office pursuant to
Section 129070 or subdivision (b) of this section, or when the
facility fails to submit compliance reports as required by Section
129075.
   However, the remedies obtainable by legal action shall not include
withdrawal or cancellation of the loan insurance provided under this
chapter.
   129085.  (a) If a borrower is unable to comply with subdivision
(j) of Section 129050 due to selective provider contracting under the
Medi-Cal program, and the office has determined the borrower has
negotiated in good faith but was not awarded a contract, the borrower
may be eligible for insurance under this chapter as provided in
subdivision (b).
   (b) The office may determine that a noncontracting borrower shall
be considered as meeting the requirements of subdivision (j) of
Section 129050 if the borrower otherwise provides a community service
in accordance with regulations adopted by the office.  The
regulations shall describe alternative methods of meeting the
obligation, that may include, but not be limited to, providing free
care, charity care, trauma care, community education, or primary care
outreach and care to the elderly, in amounts greater than the
community average.  The regulations shall include a requirement that
a general acute care hospital, that is not a small and rural hospital
as defined in former Section 442.2, shall have, and continue to
maintain, a 24-hour basic emergency medical service with a physician
on duty, if it provided this service on January 1, 1990.  The office
shall have the authority to waive this requirement upon a
determination by the director that this requirement would create a
hardship for the hospital, be inconsistent with regionalization of
emergency medical services, or not be in the best interest of the
population served by the hospital.
   129090.  Political subdivisions and nonprofit corporations may
apply for state insurance of needed construction, improvement, or
expansion loans for construction, remodeling, or acquisition of
health facilities to be or already owned, established, and operated
by them as provided in this chapter.  Applications shall be submitted
to the office by the nonprofit corporation or political subdivision
authorized to construct and operate a health facility.  Each
application shall conform to state requirements, shall be submitted
in the manner and form prescribed by the office, and shall be
accompanied by an application fee of one-half of 1 percent of the
amount of the loan applied for, but in no case shall the application
fee exceed five hundred dollars ($500).  The fees shall be deposited
by the office in the fund and used to defray the office's
expenditures in the administration of this chapter.
   129095.  (a) The office shall not regulate, impose requirements
on, or require approval by the office of a professional, or a fee
charged by a professional, used by applicants for the initial
application for loan insurance.  The choice of any professional and
the funding source used shall be left entirely to the participants.
   (b) For purposes of this section, "professional" includes, but is
not limited to, an underwriter, bond counsel, or consultant.
   (c) Nothing in this section shall prohibit the office, in the
event of defaults, from taking any action authorized under this
chapter to protect the financial interest of the state.
   129100.  Every applicant for insurance shall be afforded an
opportunity for a fair hearing before the council upon 10 days'
written notice to the applicant.  If the office, after affording
reasonable opportunity for development and presentation of the
application and after receiving the advice of the council, finds that
an application complies with the requirements of this article and of
Section 129020 and is otherwise in conformity with the state plan,
it may approve the application for insurance.  The office shall
consider and approve applications in the order of relative need set
forth in the state plan in accordance with Section 129020.
   129105.  The office may upon application of the borrower insure
any loan that is eligible for insurance under this chapter; and upon
terms as the office may prescribe, may make commitments for the
insuring of the loans prior to their date of execution or
disbursement thereon.  The office may, for five years after the
effective date of this chapter, accept and approve applications for
insurance of loans executed during the period from and including
November 5, 1968, to the effective date of this chapter.
   129110.  Any contract of insurance executed by the office under
this chapter shall be conclusive evidence of the eligibility of the
loan for insurance and the validity of any contract of insurance so
executed shall be incontestable from the date of the execution of the
contract, except in case of fraud or misrepresentation on the part
of the lender.

      Article 3.  Defaults

   129125.  In any case when the lender under a loan to a nonprofit
corporation insured under this chapter shall have foreclosed and
taken possession of the property under a mortgage in accordance with
regulations of, and within a period to be determined by the office,
or shall, with the consent of the office, have otherwise acquired the
property from the borrower after default, the lender shall be
entitled to receive the benefit of the insurance as provided in this
section, upon (a) the prompt conveyance to the office of title to the
property that meets the requirements of the regulations of the
office in force at the time the loan was insured, and that is
evidenced in the manner prescribed by the regulations, and (b) the
assignment to the office of all claims of the lender against the
borrower or others arising out of the loan transaction or foreclosure
proceedings except claims that may have been released with the
consent of the office.  Upon the conveyance and assignment, the
office shall notify the Treasurer, who shall issue to the lender
debentures having a total face value equal to the outstanding value
of the loan.
   For the purposes of this section, the outstanding value of the
loan shall be determined, in accordance with the regulations
prescribed by the office, by (a) adding to the amounts of the
original principal obligation of the loan and interest that are
accrued and unpaid the amount of all payments that have been made by
the lender for the following:  taxes and assessments, ground rents,
water rates, and other liens that are prior to the mortgage; charges
for the administration, operation, maintenance and repair of the
health facility property; insurance on the project property, loan
insurance premiums, and any tax imposed by a city or county upon any
deed or other instrument by which the property was acquired by the
lender and transferred or conveyed to the office; and the costs of
foreclosure or of acquiring the property by other means actually paid
by the lender and approved by the office; and by (b) deducting from
the total amount any amounts received by the lender after the
borrower's default on account of the loans or as rent or other income
from the property.
   129130.  In any case when a political subdivision defaults on the
payment of interest or principal accrued and due on bonds or other
evidences of indebtedness insured under this chapter, debentures in
an amount equal to the outstanding original principal obligation and
interest on the bonds that were accrued and unpaid on the date of
default and bearing interest at a rate equal to and payment schedule
identical with those of the bonds shall be issued by the Treasurer
upon notification thereof by the office to the bondholders upon the
surrender of the bonds to the office.
   In any case in which a hospital district defaults on the payment
of interest or principal accrued and due on an insured loan secured
by a first mortgage, first deed of trust, or other security agreement
as authorized by Section 32127.2, debentures in an amount equal to
the outstanding original principal obligation and interest on the
bonds that were accrued and unpaid on the date of default and bearing
interest at a rate equal to and payment schedule identical with
those of the bonds shall be issued by the Treasurer upon notification
thereof by the office to the bondholders upon surrender of the bonds
to the office after the state has enforced its rights under the
first mortgage, first deed of trust, or other security agreement.
   129135.  Notwithstanding any requirement contained in this chapter
relating to acquisition of title and possession of the project
property by the lender and its subsequent conveyance and transfer to
the office, and for the purpose of avoiding unnecessary conveyance
expense in connection with payment of insurance benefits under the
provisions of this chapter, the office may, subject to regulations
that it may prescribe, permit the lender to tender to the office a
satisfactory conveyance of title and transfer of possession direct
from the borrower or other appropriate grantor and to pay to the
lender the insurance benefits to which it would otherwise be entitled
if the conveyance had been made to the lender and from the lender to
the office.
   129140.  Upon receiving notice of the default of any loan insured
under this chapter, the office, in its discretion and for the purpose
of avoiding foreclosure under Section 129125 and notwithstanding the
fact that it has previously approved a request of the lender for
extensions of the time for curing the default and of the time for
commencing foreclosure proceedings or for otherwise acquiring title
to the project property, or has approved a modification of the loan
for the purpose of changing the amortization provisions by recasting
the unpaid balance, may acquire the loan and security agreements
securing the loans upon the issuance to the lender of debentures in
an amount equal to the unpaid principal balance of the loan plus any
accrued unpaid loan interest plus reimbursement for the costs and
attorney's fees of the lender enumerated in Section 129125.
   After the acquisition of the loan and security interests therefor
by the office, the lender shall have no further rights, liabilities,
or obligations with respect thereto.  The provisions of Section
129125 relating to the issuance of debentures incident to the
acquisition of foreclosed properties shall apply with respect to
debentures issued under this section, and the provisions of this
chapter relating to the rights, liabilities, and obligations of a
lender shall apply with respect to the office when it has acquired an
insured loan under this section, in accordance with and subject to
any regulations prescribed by the office modifying the provisions to
the extent necessary to render their application for these purposes
appropriate and effective.
   129145.  Notwithstanding any other provision of this chapter,
after the office determines that the lender and borrower have
exhausted all reasonable means of curing any default, the office
within its discretion may, when it is in the best interests of the
state, the borrower, and the lender, cure the default of the borrower
by making payment from the fund directly to the lender of any
amounts of the original principal obligation and interest of the loan
that are accrued and unpaid.  The payment shall be secured by an
assignment to the office of a pro rata share of the security
agreements made to the lender and, upon the payment, the borrower
shall become liable for repayment of the amount thereof to the office
over a period and at a rate of interest as shall be determined by
the office.
   129150.  The office may at any time, under the terms and
conditions that it may prescribe, consent to the lender's release of
the borrower from its liability under the loan or the security
agreement securing the loan, or consent to the release of parts of
the project property from the lien of any security agreement.
   129155.  Debentures issued under this chapter shall be in the form
and denomination, subject to the terms and conditions, and include
provisions for redemption, if any, as may be prescribed by the office
with the approval of the Treasurer, and may be in coupon or
registered form.
   129160.  (a) All debentures issued under this chapter to any
lender or bondholder shall be executed in the name of the fund as
obligor, shall be signed by the State Treasurer, and shall be
negotiable.  Pursuant to Sections 129125 and 129130, all debentures
shall be dated as of the date of the institution of foreclosure
proceedings or as of the date of the acquisition of the property
after default by other than foreclosure, or as of another date as the
office, in its discretion, may establish.  The debentures shall bear
interest from that date at a rate approved by the State Treasurer,
equal to either the rate applicable to the most recent issue of State
General Fund bonds or that specified in Section 129130, which shall
be payable on the dates as the office, in its discretion, may
establish except in the case of bonds or other evidences of
indebtedness as specified in Section 129130, and shall have the same
maturity date as the loan which they insured.  All debentures shall
be exempt, both as to principal and interest, from all taxation now
or hereafter imposed by the state or local taxing agencies, shall be
paid out of the fund, which shall be primarily liable therefor, and
shall be, pursuant to Section 4 of Article XVI of the California
Constitution, fully and unconditionally guaranteed as to principal
and interest by the State of California, which guaranty shall be
expressed on the face of the debentures.  In the event that the fund
fails to pay upon demand, when due, the principal of or interest on
any debentures issued under this chapter, the State Treasurer shall
pay to the holders the amount thereof which is authorized to be
appropriated, out of any money in the Treasury not otherwise
appropriated, and thereupon to the extent of the amount so paid the
State Treasurer shall succeed to all the rights of the holders of the
debentures.  The fund shall be liable for repayment to the Treasury
of any money paid therefrom pursuant to this section in accordance
with procedures jointly established by the State Treasurer and the
office.
   (b) In the event of a default, any debenture issued under this
article shall be paid on a par with general obligation bonds issued
by the state.
   129165.  Notwithstanding any other provision of law relating to
the acquisition, management or disposal of real property by the
state, the office shall have power to deal with, operate, complete,
lease, rent, renovate, modernize, insure, or sell for cash or credit,
in its discretion, any properties conveyed to it in exchange for
debentures as provided in this chapter; and notwithstanding any other
provision of law, the office shall also have power to pursue to
final collection by way of compromise or otherwise all claims against
borrowers assigned by lenders to the office as provided in this
chapter.  All income from the operation, rental, or lease of the
property and all proceeds from the sale thereof shall be deposited in
the fund and all costs incurred by the office in its exercise of
powers granted in this section shall be met by the fund.
   The power to convey and to execute in the name of the office deeds
of conveyance, deeds of release, assignments and satisfactions of
loans and mortgages, and any other written instrument relating to
real or personal property or any interest therein acquired by the
office pursuant to the provisions of this chapter may be exercised by
the office or by any officer of the office appointed by it.
   129170.  No lender or borrower shall have any right or interest in
any property conveyed to the office or in any claim assigned to it,
nor shall the office owe any duty to any lender or borrower with
respect to the management or disposal of this property.
   129172.  Notwithstanding any other provision of law, if, prior to
foreclosing on any collateral provided by a borrower, the office
institutes a judicial proceeding or takes any action against a
borrower to enforce compliance with the obligations set out in the
regulatory agreement, the contract of insurance, or any other
contractual loan closing document or law, including, but not limited
to, Section 129173, that remedy or action shall not constitute an
action within the meaning of subdivision (a) of Section 726 of the
Code of Civil Procedure, or in any way constitute a violation of the
intent or purposes of Section 726 of the Code of Civil Procedure, or
constitute a money judgment or a deficiency judgment within the
meaning of Sections 580a, 580b, 580d, or subdivision (b) of Section
726 of the Code of Civil Procedure.  However, these provisions of the
Code of Civil Procedure shall apply to any judicial proceeding
instituted, or nonjudicial foreclosure action taken by the office to
collect the principal and interest due on the loan with the borrower.

   129173.  In fulfilling the purposes of this article, as set forth
in Section 129005, and upon making a determination that the financial
status of a borrower may jeopardize a borrower's ability to fulfill
its obligations under any insured loan transaction so as to threaten
the economic interest of the office in the borrower or to jeopardize
the borrower's ability to continue to provide needed healthcare
services in its community, including, but not limited to, a
declaration of default under any contract related to the transaction,
the borrower missing any payment to its lender, or the borrower's
accounts payable exceeding three months, the office may assume or
direct managerial or financial control of the borrower in any or all
of the following ways:
   (a) The office may supervise and prescribe the activities of the
borrower in the manner and under the terms and conditions as the
office may stipulate in any contract with the borrower.
   (b) Notwithstanding the provisions of the articles of
incorporation or other documents of organization of a nonprofit
corporation borrower, this control may be exercised through the
removal and appointment by the office of members of the governing
body of the borrower sufficient such that the new members constitute
a voting majority of the governing body.
   (c) In the event the borrower is a nonprofit corporation or a
political subdivision, the office may request the Secretary of the
Health and Welfare Agency to appoint a trustee, this trustee shall
have full and complete authority of the borrower over the insured
project, including all property on which the office holds a security
interest.  No trustee shall be appointed unless approved by the
office.  A trustee appointed by the secretary pursuant to this
subdivision may exercise all the powers of the officers and directors
of the borrower, including the filing of a petition for bankruptcy.
No action at law or in equity may be maintained by any party against
the office or a trustee by reason of their exercising the powers of
the officers and directors of a borrower pursuant to the direction
of, or with the approval of, the secretary.
   (d) The office may institute any action or proceeding, or the
office may request the Attorney General to institute any action or
proceeding against any borrower, to obtain injunctive or other
equitable relief, including the appointment of a receiver for the
borrower or the borrower's assets, in the superior court in and for
the county in which the assets or a substantial portion of the assets
are located.  The proceeding under this section for injunctive
relief shall conform with the requirements of Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that the office shall not be required to allege
facts necessary to show lack of adequate remedy at law, or to show
irreparable loss or damage.  Injunctive relief may compel the
borrower, its officers, agents, or employees to perform each and
every provision contained in any regulatory agreement, contract of
insurance, or any other loan closing document to which the borrower
is a party, or any obligation imposed on the borrower by law, and
require the carrying out of any and all covenants and agreements and
the fulfillment of all duties imposed on the borrower by law or such
documents.
   A receiver may be appointed pursuant to Chapter 5 (commencing with
Section 564) of Title 7 of Part 2 of the Code of Civil Procedure.
Upon a proper showing, the court shall grant the relief provided by
law and requested by the office or the Attorney General.  No receiver
shall be appointed unless approved by the office.  A receiver
appointed by the superior court pursuant to this subdivision and
Section 564 of the Code of Civil Procedure may, with the approval of
the court, exercise all of the powers of the officers and directors
of the borrower, including the filing of a petition for bankruptcy.
No action at law or in equity may be maintained by any party against
the office, the Attorney General, or a receiver by reason of their
exercising the                                           powers of
the officers and directors of a borrower pursuant to the order of, or
with the approval of, the superior court.
   (e) The borrower shall inform the office in advance of all
meetings of its governing body.  The borrower shall not exclude the
office from attending any meeting of the borrower's governing body.


      Article 4.  Termination of Insurance

   129175.  Should a borrower be more than 10 days delinquent in
paying the premium charges or inspection fees for insurance under
this chapter, the office shall notify the borrower in writing.  If
that payment remains delinquent more than 30 days after the sending
of the office's notice to the borrower, the office shall make every
reasonable effort to notify the lender in writing.  If that
delinquency continues, on the 31st day after sending of the office's
notice to the lender, the insurance shall be terminated and become
null and void.
   129180.  The obligation to pay any subsequent premium charge for
insurance shall cease, and all rights of the lender and the borrower
under this chapter shall terminate as of the date of the notice, as
herein provided, in the event that (a) any lender under a loan
forecloses on the mortgaged property, or has otherwise acquired the
project property from the borrower after default, but does not convey
the property to the office in accordance with this chapter, and the
office is given written notice thereof, or (b) the borrower pays the
obligation under the loan in full prior to the maturity thereof, and
the office is given written notice thereof.
   129185.  The office is authorized to terminate any insurance
contract upon joint request by the borrower and the lender and upon
payment of a termination charge that the office determines to be
equitable, taking into consideration the necessity of protecting the
fund.  Upon the termination, borrowers and lenders shall be entitled
to the rights, if any, that they would be entitled to under this
chapter if the insurance contract were terminated by payment in full
of the insured loan.

      Article 5.  Health Facility Construction Loan Insurance Fund

   129200.  There is hereby established a Health Facility
Construction Loan Insurance Fund, that shall be used by the office as
a revolving fund for carrying out the provisions and administrative
costs of this chapter.  The money in the fund is hereby appropriated
to the office without regard to fiscal years for the purposes of this
chapter.
   129205.  Moneys in the fund not needed for the current operations
of the office under this chapter shall be invested pursuant to law.
The office may, with the approval of the State Treasurer, purchase
the debentures issued under this chapter.  Debentures so purchased
shall be canceled and not reissued.
   129210.  (a) The office's authorization to insure health facility
construction, improvement, and expansion loans under this chapter
shall be limited to a total of not more than two billion five hundred
million dollars ($2,500,000,000).  However, when the office
completes the state plan as is required by Section 129020, and the
plan is approved by the Governor and submitted to the legislative
committees referred to in that section by December 31, 1992, and the
plan includes a finding that the limit should be further increased,
then the limit shall be increased on January 1, 1993, from two
billion five hundred million dollars ($2,500,000,000) to three
billion dollars ($3,000,000,000).
   (b) Notwithstanding the limitation in subdivision (a), the office
may exceed the specific dollar limitation in either of the following
instances:
   (1) Refinancing a preexisting loan, if the refinancing results in
savings to the health facility and increases the probability that a
loan can be repaid.
   (2) The need for financing results from earthquakes or other
natural disasters.
   129215.  The Health Facility Construction Loan Insurance Fund,
established pursuant to Section 129200, shall be a trust fund and
neither the fund nor the interest or other earnings generated by the
fund shall be used for any purpose other than those purposes
authorized by this chapter.

      Article 6.  Community Mental Health Facilities Loan Insurance

   129225.  This article shall be known as, and may be cited as, the
Community Mental Health Facilities Loan Insurance Law.
   129230.  It is the intent of the Legislature in enacting this
article to encourage the development of facilities for
community-based programs that assist mental health clients living in
any institutional setting, including state and local inpatient
hospitals, skilled nursing homes, intermediate care facilities, and
community care facilities to move to more independent living
arrangements.  It is further the intent of the Legislature to
encourage local programs to seek funding for facility development
from private sources and with the assistance provided pursuant to
this chapter.
   To achieve this purpose in determining eligibility for loan
insurance pursuant to this chapter, the following special provisions
apply to facilities approved in the county Short-Doyle plan and
meeting the intentions of this article:
   (a) Facilities shall not require approval pursuant to Section
129295 by the statewide system of health facility planning, the area
health planning agency, or the Health Advisory Council, for the
issuance of loan insurance, unless specifically required for the
facilities by the facility category of licensure.
   (b) Notwithstanding subdivision (i) of Section 129050, any loan of
under three hundred thousand dollars ($300,000) for a nonprofit
corporation as well as a political subdivision may be fully insured
equal to the total construction cost, except a loan to any
proprietary corporation that is insured pursuant to subdivision (d)
of this section.
   (c) The State Department of Mental Health or the local mental
health program may provide all application fees, inspection fees,
premiums and other administrative payments required by this chapter,
except with respect to any loan to a proprietary corporation that is
insured pursuant to subdivision (d) of this section.
   (d) The borrower may be a proprietary corporation, provided that
the facility is leased to the local mental health program for the
duration of the insurance agreement.  In these instances, all
provisions in this chapter and this article that apply to a nonprofit
corporation shall apply to the proprietary corporation, except as
provided in subdivisions (b) and (c) of this section.
   (e) For the purposes of this article, subdivision (c) of Section
129010 shall include the purchase of existing buildings.
   (f) Facilities shall not require approval pursuant to Section
129020 by the statewide system of health facility planning, the area
health planning agency, or the Health Advisory Council, for the
issuance of loan insurance, until the director of the office and the
Director of the Department of Mental Health determine that the state
plan developed pursuant to Section 129020 adequately and
comprehensively addresses the need for community mental health
facilities and that finding is reported to the appropriate policy
committees of the Legislature.
   129235.  Loans of under three hundred thousand dollars ($300,000)
for any single facility shall have priority for obtaining loan
insurance under the special provisions established pursuant to
Section 129230.
   129240.  The total amount of loans that may be insured pursuant to
this article shall not exceed fifteen million dollars ($15,000,000).

   129245.  No loan insurance shall be provided pursuant to this
article for the purpose of providing psychiatric inpatient services
in an acute psychiatric hospital or a general acute care hospital.
   129250.  The Legislative Analyst shall review and comment on the
utilization and effectiveness of this article in the annual budget
analysis and in hearings.
   129255.  If, in construing Article 6 (commencing with Section
129225) of this chapter as applied to the other provisions of this
chapter, any conflict arises, this article shall prevail over the
other provisions of this chapter.
   129260.  If any provision of this article or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
article that can be given effect without the invalid provision or
application, and to this end the provisions of this act are
severable.

      Article 7.  Small Facility Loan Guarantee for Developmental
Disability Programs

   129275.  This article shall be known and may be cited as the Small
Facility Loan Guarantee for Developmental Disability Programs.
   129280.  It is the intent of the Legislature in enacting this
article to encourage the development of facilities for
community-based programs that assist developmentally disabled clients
living in any institutional setting, including state and local
inpatient hospitals, skilled nursing homes, intermediate care
facilities, and community care facilities to move to more independent
living arrangements.  It is further the intent of the Legislature to
encourage local programs to seek funding for facility development
from private sources and with the assistance provided pursuant to
this chapter.
   To achieve this purpose in determining eligibility for loan
insurance pursuant to this chapter, the following special provisions
apply to facilities approved by area developmental disabilities
boards and meeting the intentions of this article:
   (a) Facilities shall not require approval pursuant to Section
129295 by the statewide system of health facility planning, the area
health planning agency, or the Health Advisory Council, for the
issuance of loan insurance, unless specifically required for the
facilities by the facility category of licensure.
   (b) Notwithstanding subdivision (i) of Section 129050, any loan of
under three hundred thousand dollars ($300,000) for a nonprofit
corporation as well as a political subdivision may be fully insured
equal to the total construction cost.
   (c) Facilities shall not require approval pursuant to Section
129020 by the statewide system of health facility planning, the area
health planning agency, or the Health Advisory Council, for the
issuance of loan insurance, until the director of the office and the
Director of the Department of Developmental Services determine that
the state plan developed pursuant to Section 129020 adequately and
comprehensively addresses the need for community developmental
services facilities and that finding is reported to the appropriate
policy committees of the Legislature.
   129285.  (a) Loans of under three hundred thousand dollars
($300,000) for any single facility for six or fewer developmentally
disabled shall have priority for obtaining loan insurance.
   (b) The total amount of loans that may be insured pursuant to this
article shall not exceed fifteen million dollars ($15,000,000).
   129290.  If any provision of this article or the application
thereof to any person or circumstances is held invalid, that
invalidity shall not affect other provisions or applications of this
article that can be given effect without the invalid provision or
application, and to this end the provisions of this article are
severable.
   129295.  The office shall establish a pilot program under this
article of insuring loans to nonprofit borrowers that are not
licensed to operate the facilities for which the loans are insured.
The number of facilities for which loans are insured under this
section shall not exceed 30 and the aggregate amount of loans insured
under this section shall not exceed six million dollars
($6,000,000), this may be in addition to the maximum loan insurance
amount otherwise authorized by subdivision (b) of Section 129285.
Construction of all projects assisted under this section shall be
commenced on or before January 1, 1990.
   The office may delay processing or decline acceptance of loan
guarantee applications under this section if the volume of
applications becomes too large for existing staff to process in a
timely manner or if risks associated with the pilot program are
determined by the office to be unreasonable.
   The office shall submit a report to the Legislature, on or before
January 1, 1991, specifically identifying potential problems and
financial risks associated with insuring loans authorized by this
section.
      Article 9.  Rural Hospital Grant Program

   129325.  It is the intent of the Legislature in enacting this
article to assist rural hospitals that play a vital role in the
health delivery system.  The Legislature recognizes the difficulties
rural hospitals encounter meeting urban hospital standards while
serving a small, rural, or tourist patient base.  However, it is not
the intent of the Legislature to provide assistance to facilities
that can only survive with continuous subsidies.  Rather, it is the
intent of the Legislature, through this program, to encourage the
development and transition to an alternative rural hospital model,
and to provide essential access to services not available at the
alternative rural hospital level.
   129330.  In each even-numbered year, the office shall contract for
an actuarial study to determine the reserve sufficiency of funds in
the Health Facility Construction Loan Insurance Fund.  The study
shall examine the portfolio of existing insured loans and shall
estimate the amount of reserve funds that the office should
reasonably have available to be able to respond adequately to
potential foreseeable risks, including extraordinary administrative
expenses and actual defaults.  Actuarial study contracts shall be
exempt from Section 10373 of the Public Contract Code and shall be
considered sole-source contracts.
   129335.  (a) In each odd-numbered year when the reserve balance in
the fund is projected to be in excess of that actuarially needed,
the office may, subject to authority in the Budget Act, grant excess
reserve funds to rural hospitals.
   (b) Whenever the office administers the grant program, it shall do
so by a competitive process where potential grantees have sufficient
time to apply.  Priority for funds shall be given to alternative
rural hospitals and rural hospitals that are sole community
providers.  Priority shall also be given to applicants that are
otherwise financially viable, but request one-time financial
assistance for equipment expenditures or other capital outlays.  The
maximum amount of any grant for a single project in any one grant
year shall be two hundred fifty thousand dollars ($250,000).
   (c) For the purposes of this article, "rural hospital" shall have
the same meaning as contained in subdivision (a) of Section 124840.


      Article 10. Community Health Center Facilities Loan Insurance

   129350.  This article shall be known and may be cited as the
Community Health Center Facilities Loan Insurance Law.
   129355.  (a) "Community health center facilities," as used in this
article, means those licensed, nonprofit primary care clinics as
defined in paragraph (1) of subdivision (a) of Section 1204.
   (b) Notwithstanding subdivision (i) of Section 129050, any loan in
the amount of five million dollars ($5,000,000) or less for a
community health center facility pursuant to this chapter may be
insured up to 95 percent of the total construction cost.
   (c) Community health center facilities applying for any loan
insurance pursuant to this chapter, may use existing equity in
buildings, equipment, and donated assets, including, but not limited
to, land and receipts from expenses related to the capital outlay for
the project, notwithstanding the date of occurrence to meet the
equity requirements of this chapter.  In determining the value of the
equity in any donated property, the office may use the original
purchase price or the current appraised value.
   (d) Any state plan referred to in Section 129020 developed by the
office shall include a chapter identifying any impediments that
preclude small facilities from utilizing the California Health
Facility Construction Loan Insurance Program.  The state plan shall
also include specific programmatic remedies to enable small projects
to utilize the program if impediments are found.

      CHAPTER 2.  HOSPITAL SURVEY AND CONSTRUCTION (HILL BURTON
PROGRAM)
      Article 1.  Definitions and General Provisions

   129375.  This chapter may be cited as the "California Hospital
Survey and Construction Act."
   129380.  As used in this chapter, the terms defined in this
article have the meanings set forth in this article.
   129385.  "The federal act" includes Public Law 725 of the 79th
Congress, approved August 13, 1946, entitled the Hospital Survey and
Construction Act, as amended by Public Law 482 of the 83d Congress,
approved July 12, 1954, entitled the Medical Facilities Survey and
Construction Act of 1954, Public Law 88-164 of the 88th Congress,
approved October 31, 1963, entitled Mental Retardation Facilities and
Community Mental Health Centers Construction Act of 1963, and any
other law now enacted by Congress concerning hospitals as defined in
this article.
   129390.  "The Surgeon General" means the Surgeon General of the
Public Health Service of the United States, or the Secretary of the
Department of Health, Education and Welfare of the United States.
   129395.  "Hospital" includes hospitals for the chronically ill and
impaired, public health centers, community mental health centers,
facilities for the mentally retarded, and general, tuberculosis,
mental and other types of hospitals and related facilities, such as
laboratories, outpatient departments, nurses' home and training
facilities, and central service facilities operated in connection
with hospitals, diagnostic or treatment centers, nursing homes, and
rehabilitation facilities, but except for facilities for the mentally
retarded does not include any institution furnishing primarily
domiciliary care.
   129400.  "Public health center" means a publicly owned facility
for the provision of public health services, including related
facilities such as laboratories, clinics, provisions for bed care,
and administrative offices operated in connection with public health
centers.
   129405.  "Nonprofit hospital," "nonprofit diagnostic or treatment
center," "nonprofit rehabilitation facility," and "nonprofit nursing
home" mean any hospital, diagnostic or treatment center,
rehabilitation facility, and nursing home, as the case may be, that
is owned and operated by one or more nonprofit corporations or
associations no part of the net earnings of that inures, or may
lawfully inure, to the benefit of any private shareholder or
individual, or a hospital publicly owned or operated by a public
entity or agency of this state.
   129410.  "Construction" includes construction of new buildings,
expansion, remodeling, and alteration of existing buildings, and
initial equipment of any buildings; including architects' fees, but
excluding the cost of off-site improvements and, except with respect
to public health centers, the cost of the acquisition of land.
   129415.  This chapter shall not apply to any sanatorium or
institution conducted by or for the adherents of any well recognized
church or religious denomination for the purpose of providing
facilities for the care or treatment of the sick who depend upon
prayer or spiritual means for healing in the practice of the religion
of the church or denomination.
   129420.  "Diagnostic or treatment center" means a facility for the
diagnosis or diagnosis and treatment of ambulatory patients (1) that
is operated in connection with a hospital, or (2) where patient care
is under the professional supervision of persons licensed to
practice medicine or surgery in the State, or, in the case of dental
diagnosis or treatment, under the professional supervision of persons
licensed to practice dentistry in the state.
   129425.  "Hospital for the chronically ill and impaired" shall not
include any hospital primarily for the care and treatment of
mentally ill or tuberculous patients.
   129430.  "Rehabilitation facility" means a facility that is
operated for the primary purpose of assisting in the rehabilitation
of disabled persons through an integrated program of medical,
psychological, social, and vocational evaluation and services under
competent professional supervision, and in the case of which (1) the
major portion of the evaluation and services is furnished within the
facility; and (2) either (a) the facility is operated in connection
with a hospital, or (b) all medical and related health services are
prescribed by, or are under the general direction of, persons
licensed to practice medicine or surgery in the state.
   129435.  "Nursing home" means a facility for the accommodation of
convalescents or other persons who are not acutely ill and not in
need of hospital care, but who require skilled nursing care and
related medical services (1) that is operated in connection with a
hospital, or (2) where nursing care and medical services are
prescribed by, or are performed under the general direction of,
persons licensed to practice medicine or surgery in the state.

      Article 2.  Administration

   129450.  The office shall constitute the sole agency of the state
for the following purposes:
   (a) Making an inventory of existing hospitals, surveying the need
for construction of hospitals, and developing a program of hospital
construction as provided in Article 3 (commencing with Section
129475) of this chapter.
   (b) Developing and administering a state plan for the construction
of public and other nonprofit hospitals as provided in Article 3
(commencing with Section 129475) of this chapter.
   129455.  In carrying out the purposes of this chapter, the
department shall:
   (a) Require reports, make inspections and investigations, and
prescribe regulations as the department deems necessary.
   (b) Provide methods of administration, appoint personnel, and take
other action as may be necessary to comply with the requirements of
the federal act, this chapter, and the regulations thereunder.
   (c) Make an annual report to the Governor and to the Legislature
on activities and expenditures pursuant to this chapter, including
recommendations for additional legislation as the director considers
appropriate to furnish adequate hospital, clinic, and similar
facilities to the people of this state.
   129460.  The California Health Policy and Data Advisory Commission
shall advise and consult with the department in carrying out the
administration of this chapter and succeeds to and is vested with the
functions, authority and responsibility of the Advisory Hospital
Council and the Health Planning Council.
   Any reference in any code to the Advisory Hospital Council or to
the Health Planning Council shall be deemed a reference to the
California Health Policy and Data Advisory Commission.

      Article 3.  Survey and Planning

   129475.  The department shall make an inventory of existing
hospitals, including public, nonprofit, and proprietary hospitals, to
survey the need for construction of hospitals, and, on the basis of
the inventory and survey, shall develop a program for the
construction of public and other nonprofit hospitals as will, in
conjunction with existing facilities, afford the necessary physical
facilities for furnishing adequate hospital, clinic, and similar
services to all the people of the state.
   129480.  The construction program shall provide, in accordance
with regulations prescribed under the federal act, this chapter, and
the regulations thereunder, for adequate hospital facilities for the
people residing in this state, and as much as possible shall provide
for their distribution throughout the state in a manner that makes
all types of hospital service reasonably accessible to all persons in
the state.
   129485.  The office may make application to the Surgeon General
for federal funds to assist in carrying out the survey and planning
activities provided for in this article.  These funds shall be
deposited in the Office of Statewide Health Planning and Development
Fund in the State Treasury.
   129490.  The department shall prepare and submit to the Surgeon
General a state plan, and any revisions thereof or supplements
thereto, that shall include the hospital construction program
developed under this article, and that shall provide for the
establishment, administration, and operation of hospital construction
activities in accordance with the requirements of the federal act
and regulations thereunder.
   129495.  The department shall, by regulation, prescribe minimum
requirements for the maintenance and operation of hospitals that
receive federal aid for construction under the state plan and shall
adopt and submit building standards for approval pursuant to Chapter
4 (commencing with Section 18935) of Part 2.5 of Division 13 as
required for those purposes.
   129500.  The state plan shall set forth the relative need for the
several projects included in the construction program, determined on
the basis of the relative need of different sections of the
population and of different areas lacking adequate hospital
facilities, giving special consideration to areas with relatively
small financial resources, and in accordance with the regulations of
the Surgeon General prescribed pursuant to the federal act, and shall
provide for their construction in the order of relative need so
determined, insofar as financial resources available therefor and for
maintenance and operations make it possible.  In enacting this
section it is the intent of the Legislature to encourage the design
of projects and the development of programs that undertake
responsibility to provide in an efficient manner comprehensive health
care, including outpatient and preventive care, as well as
hospitalization, to a defined population or populations.
   For purposes of this section, the criterion of efficiency referred
to herein shall include, but not be limited to, a consideration of
the utilization of health facilities and services, including
policies, mechanisms, and procedures to prevent excessive
utilization.
   129505.  Applications for hospital construction projects for which
federal funds are requested shall be submitted to the department,
and may be submitted by the state or any political subdivision
thereof or by any public or nonprofit agency authorized to construct
and operate a hospital.  Each application for a construction project
shall conform to federal and state requirements, and shall be
submitted in the manner and form prescribed by the department.
                                                Any county that
applies for or accepts federal funds for any hospital does so on
condition that the hospital for which assistance is requested and
accepted, at all times during which it is operated, (a) shall be
qualified for a license under Chapter 2 (commencing with Section
1250) of Division 2 (whether or not that chapter is otherwise
applicable to the hospital), and be subject to inspection under that
chapter to the same extent as are other hospitals to which that
chapter applies; and (b) shall not restrict patients to those unable
to pay for their care.
   129510.  The department shall afford to every applicant for
assistance for a construction project an opportunity for a fair
hearing before the council upon 10 days' written notice to the
applicant.  If the department, after affording reasonable opportunity
for development and presentation of applications in the order of
relative need, finds that a project application complies with the
requirements of Section 129505 and is otherwise in conformity with
the state plan, it shall approve the application and shall recommend
and forward it to the Surgeon General.  The department shall consider
and forward applications in the order of relative need set forth in
the state plan in accordance with Section 129500.
   129515.  From time to time the department shall inspect each
construction project approved by the Surgeon General, and if the
inspection so warrants, the department shall certify to the Surgeon
General that work has been performed upon the project, or purchases
have been made, in accordance with the approved plans and
specifications, and that payment of an installment of federal funds
is due to the applicant.
   129520.  The office is hereby authorized to receive federal funds
in behalf of, and transmit them to, the applicants.  Money received
from the federal government for a construction project approved by
the Surgeon General shall be deposited in the Office of Statewide
Health Planning and Development Fund, and shall be used solely for
payments due applicants for work performed, or purchases made, in
carrying out approved projects.
   129525.  Any moneys deposited in the Office of Statewide Health
Planning and Development Fund in accordance with this article are
appropriated for expenditure by the office director for the purposes
for which moneys were received, in accordance with the provisions of
this chapter.  Any funds received and not expended for the purposes
of this article shall be repaid to the Treasury of the United States.

   129530.  The Legislature finds that in certain areas there is a
need for nursing and convalescent homes for persons who are indigent.
  It is the purpose of this section to provide authorization for the
construction of the homes, so that public medical assistance may be
provided, under the state's medical assistance programs, for indigent
persons.
   The office may issue a certificate of need upon application by a
chartered nonprofit corporation, for a nursing and convalescent home
that provides or makes available medical care for indigent persons,
to be constructed under the Mortgage Insurance Program of the Federal
Housing Administration.
   129535.  The department shall, to the extent required by federal
law, ascertain and enforce compliance with federal and state
provisions and regulations adopted pursuant to this section during
the period that an applicant who receives federal assistance remains
obligated in order to assure the provision of uncompensated services
for persons unable to pay for those services.
   The department shall adopt regulations, in accordance with
applicable federal regulations and Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, for administering federal requirements for uncompensated
services for persons unable to pay for those services.  The
regulations shall include all of the following:
   (a) Identify categories of persons eligible for uncompensated
services.
   (b) Define the services that applicants may provide to meet their
obligations under this section.
   (c) Require obligated facilities to submit information, data,
budgets, and reports, in a form and manner as the department may
prescribe, describing the method under which the facility elects to
establish the level at which it will provide uncompensated services.

   (d) Permit department approval of requests to provide
uncompensated services at a lesser level than prescribed, based on
facility's inability to provide the prescribed level.
   (e) Specify procedures for public hearings to inform the public of
levels of uncompensated services to be provided by individual
facilities or to resolve disputes and complaints relating to these
levels.
   (f) Set forth procedures for publication of notice concerning
public hearings and, thereafter, for notices announcing the levels of
uncompensated services to be provided by facilities.
   (g) Describe the surveillance program utilized by the department
to assure that individual facility's obligations to provide a
determined level of uncompensated services are met.

      Article 4.  State Assistance for Hospital Construction

   129550.  As used in this article, "public agency" means cities,
counties, and local hospital districts.
   129555.  "Public agency" also means any corporation, no part of
the net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual, who is authorized
to construct and operate a hospital.
   129560.  The office shall administer this article, and shall make
regulations as may be necessary to carry out its provisions.
   129565.  From any state moneys made available to it for that
purpose, the department shall provide assistance pursuant to this
article for the construction of hospitals to public agencies that
apply therefor, if the public agencies are eligible for assistance
under this article and apply for and accept assistance upon the
conditions specified in this article.
   129570.  A public agency is eligible for state assistance under
this article only if it qualifies for and receives assistance from
the United States Government under the federal act.
   129575.  Any public agency that applies for or accepts state
assistance for any hospital under this article does so on condition
that the hospital for which such assistance is requested and
accepted, at all times during which it is operated, (a) shall be
qualified for a license under Chapter 2 (commencing with Section
1400) of Division 2 of this code (whether or not Chapter 2 is
otherwise applicable to the hospital), and be subject to inspection
under Chapter 2 to the same extent as are other hospitals to which
Chapter 2 applies; or shall be qualified for a license under Part 2
(commencing with Section 5699) of Division 5 of the Welfare and
Institutions Code (whether or not Division 5 is otherwise applicable
to the hospital), and be subject to inspection under Division 5 to
the same extent as are other hospitals to which Division 5 applies;
and (b) shall not restrict patients to those unable to pay for their
care.
   129580.  The amount of state assistance that shall be provided to
any public agency for any hospital under this article shall be a sum
equal to the assistance received by the agency for its project under
the federal act, but in no event shall the amount of the state
assistance exceed one-third of the cost of construction of the
project.
   129585.  Application for state assistance under this article shall
be made to the office, in the manner and form prescribed by the
office.  The office shall prescribe the time and manner of payment of
state assistance, if granted.
   129590.  Funds utilized for community mental health center
purposes shall be allocated in a manner consistent with the intent of
Section 9000 of the Welfare and Institutions Code and priority shall
be given to the establishment or enlargement of clinical service
facilities in general hospitals that are a part of a project proposal
that provides a comprehensive service.

      CHAPTER 3.  FIRE SAFETY LOAN PROGRAM (Reserved)
      PART 7.  FACILITIES DESIGN REVIEW AND CONSTRUCTION
      CHAPTER 1.  HEALTH FACILITIES
      Article 1.  General Provisions

   129675.  This chapter shall be known and may be cited as the
Alfred E.  Alquist Hospital Facilities Seismic Safety Act of 1983.
   129680.  It is the intent of the Legislature that hospitals, that
house patients who have less than the capacity of normally healthy
persons to protect themselves, and that must be reasonably capable of
providing services to the public after a disaster, shall be designed
and constructed to resist, insofar as practical, the forces
generated by earthquakes, gravity, and winds.  In order to accomplish
this purpose, the Legislature intends to establish proper building
standards for earthquake resistance based upon current knowledge, and
intends that procedures for the design and construction of hospitals
be subjected to independent review.  It is the intent of the
Legislature to preempt from local jurisdictions the enforcement of
all building standards published in the California Building Standards
Code relating to the regulation of hospital projects and the
enforcement of other regulations adopted pursuant to this chapter,
and all other applicable state laws, including plan checking and
inspection of the design and details of the architectural,
structural, mechanical, plumbing, electrical, and fire and panic
safety systems, and the observation of construction.  The Office of
Statewide Health Planning and Development shall assume these
responsibilities by establishing, maintaining, and operating
separate, but coordinated, plan review and field inspection units
within the statewide office.
   It is the intent of the Legislature that where local jurisdictions
have more restrictive requirements for the enforcement of building
standards, other building regulations, and construction supervision,
these requirements shall be enforced by the statewide office.
   It shall be the responsibility of each local jurisdiction to keep
the office advised as to the existence of any more restrictive local
requirements.  Where a reasonable doubt exists as to whether the
requirements of the local jurisdiction are more restrictive, the
effect of these requirements shall be determined by the Hospital
Building Safety Board.
   It is further the intent of the Legislature that the office, with
the advice of the Hospital Building Safety Board, may conduct or
enter into contracts for research regarding the reduction or
elimination of seismic or other safety hazards in hospital buildings
or research regarding hospital building standards.

      Article 2.  Definitions

   129700.  Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.
   129705.  "Architect" means a person who is certified and holds a
valid license under Chapter 3 (commencing with Section 5500) of
Division 3 of the Business and Professions Code.
   129710.  "Construction or alteration" includes any construction,
reconstruction, or alteration of, or addition to, any hospital
building.
   129715.  "Director" means the Director of the Office of Statewide
Health Planning and Development.
   129720.  "Engineering geologist" means a person who is validly
certified under Chapter 12.5 (commencing with Section 7800) of
Division 3 of the Business and Professions Code.
   129725.  (a) (1) "Hospital building" includes any building not
specified in subdivision (b) that is used, or designed to be used,
for a health facility of a type required to be licensed pursuant to
Chapter 2 (commencing with Section 1250) of Division 2.
   (2) Except as provided in paragraph (9) of subdivision (b),
hospital building includes a correctional treatment center, as
defined in subdivision (j) of Section 1250, the construction of which
was completed on or after March 7, 1973.
   (b) "Hospital building" does not include any of the following:
   (1) Any building where outpatient clinical services of a health
facility licensed pursuant to Section 1250 are provided that is
separated from a building in which hospital services are provided.
If any one or more outpatient clinical services in the building
provides services to inpatients, the building shall not be included
as a "hospital building" if those services provided to inpatients
represent no more than 25 percent of the total outpatient services
provided at the building.  Hospitals shall maintain on an ongoing
basis, data on the patients receiving services in these buildings,
including the number of patients seen, categorized by their inpatient
or outpatient status.  Hospitals shall submit this data annually to
the department.
   (2) Any building used, or designed to be used, for a skilled
nursing facility or intermediate care facility if the building is of
single-story, wood-frame or light steel frame construction.
   (3) Any building of single-story, wood-frame or light steel frame
construction where only skilled nursing or intermediate care services
are provided if the building is separated from a building housing
other patients of the health facility receiving higher levels of
care.
   (4) Any freestanding structures of a chemical dependency recovery
hospital exempted under subdivision (c) of Section 1275.2.
   (5) Any building licensed to be used as an intermediate care
facility/developmentally disabled habilitative  with six beds or less
and any intermediate care facility/developmentally disabled
habilitative of 7 to 15 beds that is a single-story, wood-frame or
light steel frame building.
   (6) Any building that has been used as a community care facility
licensed pursuant to Chapter 3 (commencing with Section 1500) of
Division 2, and was originally licensed to provide that level of care
prior to March 7, 1973, if (A) the building complied with applicable
building and safety standards at the time of that licensure, (B) the
Director of the State Department of Health Services, upon
application, determines that in order to continue to properly serve
the facility's existing client population, relicensure as an
intermediate care facility/developmentally disabled will be required,
and (C) a notice of intent to obtain a certificate of need was filed
with the area health  planning agency and the office on or before
March 1, 1983.  The exemption provided in this paragraph extends only
to use of the building as an intermediate care
facility/developmentally disabled.
   (7) Any building that has been used as a community care facility
pursuant to paragraph (1) or (2) of subdivision (a) of Section 1502,
and was originally licensed to provide that level of care if all of
the following conditions are satisfied:
   (A) The building complied with applicable building and safety
standards for a community care facility at the time of that
licensure.
   (B) The facility conforms to the 1973 Edition of the Uniform
Building Code of the International Conference of Building Officials
as a community care facility.
   (C) The facility is other than single story, but no more than two
stories, and the upper story is licensed for ambulatory patients
only.
   (D) A certificate of need was granted prior to July 1, 1983, for
conversion of a community care facility to an intermediate care
facility.
   (E) The facility otherwise meets all nonstructural construction
standards for intermediate care facilities in existence on the
effective date of this act or obtains waivers from the appropriate
agency.
   The exemption provided in this paragraph extends only to use of
the building as an intermediate care facility as defined in
subdivision (d) of Section 1250 and the facility is in Health
Facilities Planning Area 1420.
   (8) Any building  subject to licensure as a correctional treatment
center, as defined in subdivision (j) of Section 1250, the
construction of which was completed prior to March 7, 1973.
   (9) (A) Any building that meets the definition of a correctional
treatment center, pursuant to subdivision (j) of Section 1250, for
which the final design documents were completed or the construction
of which was begun prior to January 1, 1994, operated by or to be
operated by the Department of Corrections, the Department of the
Youth Authority, or by a law enforcement agency of a city, county, or
a city and county.
   (B) In the case of reconstruction, alteration, or addition to, the
facilities identified in this paragraph, and paragraph (8) or any
other building subject to licensure as a general acute care hospital,
acute psychiatric hospital, correctional treatment center, or
nursing facility, as defined in subdivisions (a), (b), (j), and (k)
of Section 1250, operated or to be operated by the Department of
Corrections, the Department of the Youth Authority, or by a law
enforcement agency of a county, only the reconstruction, alteration,
or addition, itself, and not the building as a whole, nor any other
aspect thereof, shall be required to comply with this chapter or the
regulations adopted pursuant thereto.
   129730.  (a) Space for the following functions shall be considered
"outpatient clinical services," when provided in a freestanding
building that is separated from a hospital building where inpatient
hospital services are provided:  administrative space, central
sterile supply; storage; morgue and autopsy facilities; employee
dressing rooms and lockers; janitorial and housekeeping facilities;
and laundry.
   (b) The outpatient portions of the following services may also be
delivered in a freestanding building and shall be considered
"outpatient clinical services:" intermediate care; chronic dialysis;
psychiatry; rehabilitation; occupational therapy; physical therapy;
maternity; dentistry; skilled nursing; and chemical dependency.
   (c) Services that duplicate basic services, as defined in
subdivision (a) of Section 1250, or services that are provided as
part of a basic service, but are not required for facility licensure
may also be provided in a freestanding building.
   (d) The office shall not approve any plans that propose to locate
any function listed in subdivision (a) in a freestanding building
until the department certifies to the office that it has received and
approved a plan acceptable to the department that demonstrates how
the health facility will continue to provide all basic services in
the event of any emergency when the freestanding building may no
longer remain functional.
   (e) Services listed in subdivisions (b) and (c) are subject to the
same 25-percent inpatient limitation described in Section 129725.
   129735.  "Light steel frame construction" means building
construction using bearing walls composed of light gauge steel studs
for its primary vertical support systems.
   129740.  "Office" means the Office of Statewide Health Planning
and Development.
   129745.  "Structural engineer" means a person who is validly
certified to use the title structural engineer under Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code.

      Article 3.  General Requirements and Administration

   129750.  The office shall observe the construction of, or addition
to, any hospital building or the reconstruction or alteration of any
hospital building, as it deems necessary to comply with this chapter
for the protection of life and property.
   129755.  Notwithstanding this chapter or any other provision of
law, a city or county may operate a federally owned facility for the
purpose of providing services  to persons with human immunodeficiency
(HIV) infections, and the operation of that facility shall be
subject only to those seismic safety standards contained in federal
law.
   129760.  The governing board of each hospital or other hospital
governing authority, before adopting any plans for the hospital
building, shall submit the plans to the office for approval and shall
pay the fees prescribed in this chapter.
   129765.  In each case, the application for approval of the plans
shall be accompanied by the plans, by full, complete, and accurate
specifications, by structural design computations, and by the
specified fee, which shall comply with the requirements prescribed by
the office.
   129770.  (a) The office shall pass upon and approve or reject all
plans for the construction or the alteration of any hospital
building, independently reviewing the design to assure compliance
with the requirements of this chapter.  The office shall review the
structural systems and related details, including the independent
review of the geological data.  Geological data shall be reviewed by
an engineering geologist, and structural design data shall be
reviewed by a structural engineer.
   (b) Whenever the office finds a violation of this chapter that
requires correction, a citation of the violation shall be issued to
the hospital governing board or authority in writing and shall
include a proper reference to the regulation or statute being
violated.
   129775.  (a) Except as otherwise provided in subdivision (b),
plans submitted pursuant to this chapter for work that affects
structural elements shall contain an assessment of the nature of the
site and potential for earthquake damage, based upon geologic and
engineering investigations and reports by competent personnel of the
causes of earthquake damage.  One-story Type V wood frame or light
steel frame, or light steel and wood frame construction of 4,000
square feet or less, shall be exempt from the provisions of this
section, unless the project is within a special study zone
established pursuant to Section 2622 of the Public Resources Code.
   (b) The requirements of subdivision (a) may be waived by the
office when the office determines that these requirements for the
proposed hospital project are unnecessary and would not be beneficial
to the safety of the public.  The office, after consultation with
the Building Safety Board, shall adopt regulations defining the
criteria upon which the determination of a waiver shall be made.
   129780.  The engineering investigation shall be correlated with
the geologic evaluation made pursuant to Section 129775.
   129785.  The application shall be accompanied by a filing fee in
an amount that the office determines will cover the costs of
administering this chapter.  The fee shall not exceed 2 percent of
the estimated construction cost.  The fee shall be established in
accordance with applicable procedures established in Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.
   The minimum fee in any case shall be two hundred fifty dollars
($250).
   The office shall issue an annual permit upon submission, pursuant
to Section 129765, of an application for a project only if its
estimated construction cost is twenty-five thousand dollars ($25,000)
or less.  The cost of this annual permit shall be two hundred fifty
dollars ($250) and this fee shall constitute the filing fee and shall
cover all projects undertaken for a particular skilled nursing or
intermediate care facility by the applicant up to an estimated
construction cost of twenty-five thousand dollars ($25,000) during
the state fiscal year in which the annual permit is issued.  The fees
for projects over the twenty-five thousand dollar ($25,000) limit
shall be assessed at a rate established by the office in regulation.
However, the rate established by the office shall not exceed 1.5
percent of the estimated construction cost for projects of skilled
nursing and intermediate care facilities, as defined in subdivision
(c), (d), (e), or (g) of Section 1250.
   If the actual construction cost exceeds the estimated construction
cost by more than 5 percent, a further fee shall be paid to the
office, based on the above schedule and computed on the amount that
the actual cost exceeds the amount of the estimated cost.  If the
estimated construction cost exceeds the actual construction cost by
more than 5 percent, the office shall refund the excess portion of
any paid fees, based on the above schedule and computed on the amount
that the estimated cost exceeds the amount of the actual cost.  A
refund shall not be required if the applicant did not complete
construction or alteration of 75 percent of the square footage
included in the project, as contained in the approved drawings and
specifications for the project.  In addition, the office shall adopt
regulations specifying other circumstances when the office shall
refund to an applicant all or part of any paid fees for projects
submitted under this chapter.  The regulations shall include, but not
be limited to, refunds of paid fees for a project that is determined
by the office to be exempt or otherwise not reviewable under this
chapter, and for a project that is withdrawn by the applicant prior
to the commencement of review by the office of the drawing and
specifications submitted for the project.  All refunds pursuant to
this section shall be paid from the Hospital Building Account in the
Architecture Public Building Fund, as established pursuant to Section
129795.
   129787.  (a) The payment of the filing fee described in Section
15046 may be postponed by the statewide office if all of the
following conditions are met:
   (1) The proposed construction or alteration has been proposed as a
result of a seismic event that has been declared to be a disaster by
the Governor.
   (2) The statewide office determines that the applicant cannot
presently afford to pay the filing fee.
   (3) The applicant has applied for federal disaster relief from the
Federal Emergency Management Agency (FEMA) with respect to the
disaster described in paragraph (1).
   (4) The applicant is expected to receive disaster assistance
within one year from the date of the application.
   (b) If the statewide office does not receive full payment of any
fee for which payment has been postponed pursuant to subdivision (a)
within one year from the date of plan approval, the statewide office
may request an offset from the Controller for the unpaid amount
against any amount owed by the state to the applicant, and may
request additional offsets against amounts owed by the state to the
applicant until the fee is paid in full.  This subdivision shall not
be construed to establish an offset as described in the preceding
sentence as the exclusive remedy for the collection of any unpaid fee
amount as described in that same sentence.
   129790.  The office shall adopt specific space, architectural,
structural, mechanical, plumbing, and electrical standards for
correctional treatment centers
          in cooperation with the Board of Corrections, the
Department of Corrections, and the Department of the Youth Authority.

   129795.  All fees shall be paid into the State Treasury and
credited to the Hospital Building Fund, that is hereby created and
continuously appropriated without regard to fiscal years for the use
of the office, subject to approval of the Department of Finance, in
carrying out this chapter.  Adjustments in the amounts of the fees,
as determined by the office and approved by the Department of
Finance, shall be made within the limits set in Section 129785 in
order to maintain a reasonable working balance in the account.
Notwithstanding any other provision of law, any moneys collected
pursuant to this chapter contained in the hospital building fund
established by the Department of Finance, that are in the fund on
January 1, 1994, shall be available for expenditure in accordance
with this section.
   129800.  The director shall request the Department of Finance or
the Auditor General to perform an audit of the uses of fees collected
pursuant to Section 129785.  This audit shall include, but not be
limited to, an accounting of staff resources allocated to hospital
plan reviews by the office and by the Office of the State Architect
in the Department of General Services since these reviews are funded
by fees collected pursuant to Section 129785.  If the Department of
Finance and the Auditor General indicate that other audit
responsibilities will prohibit them from performing and completing
the audit within six months of being initially requested to do so,
then the office may contract with an independent organization to
perform the audit.
   129805.  All plans and specifications shall be prepared under the
responsible charge of an architect or a structural engineer, or both.
  A structural engineer shall prepare the structural design and shall
sign plans and specifications related thereto.  Administration of
the work of construction shall be under the responsible charge of the
architect and structural engineer, except that where plans and
specifications for alterations or repairs do not affect architectural
or structural conditions, the plans and specifications may be
prepared and work of construction may be administered by a
professional engineer duly qualified to perform the services and
holding a valid certificate under Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code for
performance of services in that branch of engineering in which the
plans, specifications, and estimates and work of construction are
applicable.
   129810.  Before commencing any construction or alteration of any
hospital building, the written approval of the necessary plans as to
safety of design and construction, by the office, shall be obtained.

   129815.  Any permit or authorization issued or provided pursuant
to this chapter shall be subject to Chapter 3 (commencing with
Section 15374) of Part 6.7 of Division 3 of Title 2 of the Government
Code.
   129820.  No contract for the construction or alteration of any
hospital building, made or executed on or after January 1, 1983, by
the governing board or authority of any hospital or other similar
public board, body, or officer otherwise vested with authority to
make or execute such a contract, is valid, and no money shall be paid
for any work done under such a contract or for any labor or
materials furnished in constructing or altering any such building
unless all of the following requirements are satisfied:
   (a) The plans and specifications comply with this chapter and the
requirements prescribed by the office.
   (b) The approval thereof in writing has first been had and
obtained from the office.
   (c) The hospital building is to be accessible to, and usable by,
the physically handicapped.
   (d) The plans and specifications comply with the fire and panic
safety requirements of the State Fire Marshal.
   129825.  (a) The hospital governing board or authority shall
provide for and require competent and adequate inspection during
construction or alteration by an inspector satisfactory to the
architect or structural engineer, or both, and the office.  Except as
otherwise provided in subdivision (b), the inspector shall act under
the direction of the architect or structural engineer, or both, and
be responsible to the board or authority.  Nothing in this section
shall be construed to prohibit any licensed architect, structural
engineer, mechanical engineer, electrical engineer, or any facility
maintenance personnel, if approved by the office, from performing the
duties of an inspector.
   (b) If alterations or repairs are to be conducted under the
supervision of a professional engineer pursuant to Section 129805,
the inspector need only be satisfactory to the office and to the
professional engineer, and the inspector shall act under the
direction of the professional engineer.
   (c) The office shall make an inspection of the hospital buildings
and of the work of construction or alteration as in its judgment is
necessary or proper for the enforcement of this chapter and the
protection of the safety of the public.
   Whenever the office finds a violation of this chapter that
requires correction, the citation of the violation shall be issued to
the hospital governing board or authority in writing and shall
include a proper reference to the regulation or statute being
violated.
   (d) The office shall approve inspectors that shall be limited to
the following:
   (1) "A" inspectors, who may inspect all phases of construction,
including, but not limited to, structural.
   (2) "B" inspectors, who may inspect all phases of construction,
except structural.
   (3) "C" inspectors, who may inspect all phases of construction
projects that the office determines do not materially alter the
mechanical, electrical, architectural, or structural integrity of the
health facility.
   (e) (1) As part of its approval process, the office shall
initially and periodically examine inspectors by giving either a
written examination or a written and oral examination.  The office
may charge a fee for the examination process calculated to cover its
costs.  Inspectors who have not passed a written examination shall
not be approved by the office until they have successfully passed the
written examination.  No employee of the office performing field
inspections or supervising the field inspections shall be approved as
an inspector on any construction project pursuant to this chapter
for a period of one year after leaving employment of the office.
   (2) The office shall develop regulations for the testing and
approval of inspectors.
   129830.  From time to time, as the work of construction or
alteration progresses and whenever the office requires, the architect
or structural engineer, or both, in charge of construction or
registered engineer in charge of other work, the inspector on the
work, and the contractor shall each make a report, duly verified by
him or her, upon a form prescribed by the office showing, of his or
her own personal knowledge, that the work during the period covered
by the report has been performed and materials used and installed are
in accordance with the approved plans and specifications, setting
forth detailed statements of fact as required by the office.
   The term "personal knowledge," as used in this section and as
applied to the architect or registered engineer, or both, means
personal knowledge that is the result of the general administration
of construction as is required and accepted of, and for, these
persons in the construction of buildings.  These persons shall,
however, use reasonable diligence to obtain the information required.

   The term "personal knowledge," as applied to the inspector, means
the actual personal knowledge of the inspector obtained by his or her
personal observation of the work of construction at the construction
site in all stages of progress.
   The term "personal knowledge," as applied to the contractor, means
the personal knowledge that is obtained from the construction of the
building.  The exercise of reasonable diligence to obtain the facts
is required.
   129835.  Upon written request to the office by the governing board
or authority of any hospital, the office shall make, or cause to be
made, an examination and report on the structural condition of any
hospital building subject to the payment by the governing board or
authority of the actual expenses incurred by the office.
   129840.  Subsequent to the occurrence of any earthquake, the
office may make, or cause to be made, studies of health facilities
within the area involved.
   129845.  The office, in cooperation with the California Seismic
Safety Commission, Emergency Medical Services Authority, the
department, State Fire Marshal, the office of the State Architect,
and representatives from the health care industry shall design a
policy study identifying health care services required during and
after a disaster and seismic standards for those services, and a
financial strategy that would enable identified settings to meet
those standards.  The design of the study shall include an assessment
of the capacity, efficacy, and demand for medical services provided
in nonhospital settings following a disaster.
   129850.  Except as provided in Sections 18929 and 18930, the
office shall from time to time make any regulations that it deems
necessary, proper, or suitable to effectually carry out this chapter.
  The office shall also propose and submit building standards to the
California Building Standards Commission for adoption and approval
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13 relating to seismic safety for hospital buildings.
   129855.  The office may enter into any agreements and contracts
with any qualified person, department, agency, corporation, or legal
entity, as determined by the office, when necessary in order to
facilitate the timely performance of the duties and responsibilities
relating to the review and inspection of architectural, mechanical,
electrical, and plumbing systems of hospital buildings to be
constructed or altered or buildings under construction or alteration.

   If the office determines that the structural review of plans for a
hospital building cannot be completed without undue delay, the
office may enter into contractual agreements with private structural
engineers or local governments for the purpose of facilitating the
timely performance of the duties and responsibilities relating to the
review and inspection of plans and specifications of the structural
systems of hospital construction projects.
   The office, with the advice of the Building Safety Board, shall
prepare regulations, containing qualification criteria, for
implementing the contractual agreement provisions of this section.

      Article 4.  Special Requirements

   129875.  Construction or alterations of buildings specified in
paragraphs (2) and (3) of subdivision (b) of Section 129725 shall
conform to the latest edition of the California Building Standards
Code.  The office shall independently review and inspect these
buildings.  For purposes of this section, "construction or alteration"
includes the conversion of a building to a purpose specified in
paragraphs (2) and (3) of subdivision (b) of Section 129725.  Any
construction or alteration of any building subject to this section
shall be exempt from any plan review and approval or construction
inspection requirement of any city or county.
   The office may also exempt from the plan review process or
expedite those projects undertaken by an applicant for a hospital
building that the office determines do not materially alter the
mechanical, electrical, architectural, or structural integrity of the
facility.  The office shall set forth criteria to expedite projects
or to implement any exemptions made pursuant to this paragraph.
   The Legislature recognizes the relative safety of single-story,
wood frame, and light steel frame construction for use in housing
patients requiring skilled nursing and intermediate care services and
it is, therefore, the intent of the Legislature to provide for
reasonable flexibility in seismic safety standards for these
structures.  The office shall be reasonably flexible in the
application of seismic standards for other buildings by allowing
incidental and minor nonstructural additions or nonstructural
alterations to be accomplished with simplified written approval
procedures as established by the office, with the advice of the
office of the State Architect and the State Fire Marshal.
   The office shall continue to implement, and modify as necessary,
criteria that were initially developed and implemented prior to July
2, 1989, to exempt from the plan review process or expedite those
projects for alterations of buildings specified in paragraphs (2) and
(3) of subdivision (b) of Section 12975 that may include, but are
not limited to, renovations, remodeling, or installations of
necessary equipment such as hot water heaters, air-conditioning
units, dishwashers, laundry equipment, handrails, lights, television
brackets, small emergency generators (up to 25 kilowatts), storage
shelves, and similar plant operations equipment; and decorative
materials such as wall coverings, floor coverings, and paint.
   The office shall include provisions for onsite field approvals by
available office construction advisers and the preapproval of
projects that comply with the requirements for which the office has
developed standard architectural or engineering detail, or both
standard architectural and engineering detail.
   This section shall remain in effect only until January 1, 1997,
and shall have no force or effect on or after that date, unless a
later enacted statute, that is enacted before January 1, 1997,
deletes or extends that date.
   129880.  Construction or alterations of buildings specified in
paragraphs (1), (2), and (3) of subdivision (b) of Section 129725
shall conform to the applicable provisions of the latest edition of
the California Building Standards Code.  The office shall
independently review and inspect these buildings.  For purposes of
this section, "construction or alteration" includes the conversion of
a building to a purpose specified in paragraphs (1), (2), and (3) of
subdivision (b) of Section 129725.  Any construction or alteration
of any building subject to this section shall be exempt from any plan
review and approval or construction inspection requirement of any
city or county.  The building standards for the construction or
alteration of buildings specified in paragraph (1) of subdivision (b)
of Section 129725 shall not be more restrictive or comprehensive
than comparable building standards established, or otherwise applied,
by the office to clinics licensed pursuant to Chapter 1 (commencing
with Section 1200) of Division 2.
   The office may also exempt from the plan review process or
expedite those projects undertaken by an applicant for a hospital
building that the office determines do not materially alter the
mechanical, electrical, architectural, or structural integrity of the
facility.  The office shall set forth criteria to expedite projects
or to implement any exemptions made pursuant to this paragraph.
   The Legislature recognizes the relative safety of single story,
wood frame, and light steel frame construction for use in housing
patients requiring skilled nursing and intermediate care services and
it is, therefore, the intent of the Legislature to provide for
reasonable flexibility in seismic safety standards for these
structures.  The office shall be reasonably flexible in the
application of seismic standards for other buildings by allowing
incidental and minor nonstructural additions or nonstructural
alterations to be accomplished with simplified written approval
procedures as established by the office, with the advice of the
office of the State Architect and the State Fire Marshal.
   The office shall continue to implement, and modify as necessary,
criteria that were initially developed and implemented prior to July
2, 1989, to exempt from the plan review process or expedite those
projects for alterations of buildings specified in paragraphs (2) and
(3) of subdivision (b) of Section 129725 that may include, but are
not limited to, renovations, remodeling, or installations of
necessary equipment such as hot water heaters, air-conditioning
units, dishwashers, laundry equipment, handrails, lights, television
brackets, small emergency generators (up to 25 kilowatts), storage
shelves, and similar plant operations equipment; and decorative
materials such as wall coverings, floor coverings, and paint.
   The office shall include provisions for onsite field approvals by
available office construction advisers and the preapproval of
projects that comply with the requirements for which the office has
developed standard architectural or engineering detail, or both
standard architectural and engineering detail.
   This section shall become operative on January 1, 1997.
   129885.  A city or county, as applicable, shall have plan review
and building inspection responsibilities for the construction or
alteration of buildings described in paragraph (1) of subdivision (b)
of Section 129725.  The building standards for the construction or
alteration of buildings specified in paragraph (1) of subdivision (b)
of Section 129725 established or applied by a city or county, shall
not be more restrictive or comprehensive than comparable building
standards established, or otherwise applied, to clinics licensed
pursuant to Chapter 1 (commencing with Section 1200) of Division 2.
   This section shall remain in effect only until January 1, 1997,
and shall have no force or effect on or after that date, unless a
later enacted statute, that is enacted before January 1, 1997,
deletes or extends that date.
   129890.  (a) Notwithstanding any other provision of law, the
office shall, on or before January 1, 1991, set forth and implement
criteria for the alteration or construction of buildings specified in
subdivision (a) of Section 129725 that provide for onsite field
review and approval by construction advisors of the office and
provide for preapproval of project plans that comply with the
requirements for which the office has developed standard
architectural or engineering detail, or both standard architectural
and engineering detail.
   (b) On site field reviews shall be performed by available area
construction advisors of the office.  The area construction advisors
shall have the responsibility to coordinate any approvals required by
the State Fire Marshal.  The approvals may be obtained prior to the
start of construction or on a deferred  basis, at the discretion of
the area construction advisor.
   (c) An annual building permit project classified as a "field
review" shall be reviewed and approved by the area construction
advisor.
   (d) Effective January 1, 1991, all plans submitted for the
alteration or construction of buildings specified in subdivision (a)
of Section 129725 to the office for plan review shall be evaluated to
determine if it is exempt from the plan review process or if it
qualifies for an expedited plan review.  The evaluation shall  give
priority to plans that are for minor renovation, remodeling, or
installation of equipment.
   129895.  (a) The office shall adopt by regulations seismic safety
standards for hospital equipment anchorages, as defined by the
office.  Such regulations shall include criteria for the testing of
equipment anchorages.
   (b) Any fixed hospital equipment anchorages purchased or acquired
on or after either the effective date of the regulations adopted
pursuant to subdivision (a), shall not be used or installed in any
hospital building unless the equipment anchorages are approved by the
office.
   (c) Manufacturers, designers, or suppliers of equipment anchorages
may submit data sufficient for the state department to evaluate
equipment anchorages' seismic safety prior to the selection of
equipment anchorages for any specific hospital building.
   (d) The office may charge a fee based on the actual costs incurred
by it for data review, approvals, and field inspections pursuant to
this section.
   129900.  Notwithstanding any other provision of law, plans for the
construction or alteration of any hospital building, or any building
specified in Section 129875, that are prepared by or under the
supervision of the Department of General Services shall not require
the review and approval of the office.  In lieu of review and
approval by the office, the Department of General Services shall
certify to the office that the plans are in full conformance with all
applicable building standards and the requirements of this chapter.
The Department of General Services shall also observe all aspects of
construction and alteration, including the architectural,
structural, mechanical, plumbing and electrical systems.
   It is the intent of the Legislature that projects developed by, or
under the supervision of, the Department of General Services shall
still meet all applicable building standards published in the State
Building Standards Code relating to the regulation of hospital
projects where applicable, and all regulations adopted pursuant to
this chapter and all other applicable state laws.
   129905.  Subject to the complete exemption contained in paragraphs
(8) and (9) of subdivision (b) of Section 129726, and
notwithstanding any other provision of law, plans for the
construction or alteration of any hospital building, as defined in
Section 1250, or any building specified in Section 129875, that are
prepared by or under the supervision of the Department of Corrections
or on behalf of the Department of the Youth Authority shall not
require the review and approval of the statewide office.  In lieu of
review and approval by the statewide office, the Department of
Corrections and the Department of the Youth Authority shall certify
to the statewide office that their plans and construction are in full
conformance with all applicable building standards, including, but
not limited to, fire and life and safety standards, and the
requirements of this chapter for the architectural, structural,
mechanical, plumbing, and electrical systems.  The Department of
Corrections and the Department of the Youth Authority shall use a
secondary peer review procedure to review designs to ensure the
adherence to all design standards for all new construction projects,
and shall ensure that the construction is inspected by a competent,
onsite inspector to ensure the construction is in compliance with the
design and plan specifications.
   Subject to the complete exemption contained in paragraphs (8) and
(9) of subdivision (b) of Section 129725, and notwithstanding any
other provision of law, plans for the construction or alteration of
any correctional treatment center that are prepared by or under the
supervision of a law enforcement agency of a city, county, or city
and county shall not require the review and approval of the statewide
office.  In lieu of review and approval by the statewide office, the
law enforcement agency of a city, county, or city and county shall
certify to the statewide office that the plans and construction are
in full conformance with all applicable building standards,
including, but not limited to, fire and life and safety standards,
and the requirements of this chapter for the architectural,
structural, mechanical, plumbing, and electrical systems.
   It is the intent of the Legislature that, except as specified in
this section, all hospital buildings as defined by this chapter
constructed by or under the supervision of the Department of
Corrections or local law enforcement agencies, or constructed on
behalf of the Department of the Youth Authority shall at a minimum
meet all applicable regulations adopted pursuant to this chapter and
all other applicable state laws.

      Article 5.  Building Safety Board

   129925.  There is in the office a Hospital Building Safety Board
that shall be appointed by the director.  The board shall advise the
director and, notwithstanding Section 13142.6 and except as provided
in Section 18945, shall act as a board of appeals in all matters
relating to the administration and enforcement of building standards
relating to the design, construction, alteration, and seismic safety
of hospital building projects submitted to the office pursuant to
this chapter.
   Further, notwithstanding Section 13142.6, the board shall act as
the board of appeals in matters relating to all fire and panic safety
regulations and alternate means of protection determinations for
hospital building projects submitted to the office pursuant to this
chapter.
   129930.  The board shall consist of 16 members appointed by the
director of the office.  Of the appointive members, two shall be
structural engineers, two shall be architects, one shall be an
engineering geologist, one shall be a geotechnical engineer, one
shall be a mechanical engineer, one shall be an electrical engineer,
one shall be a hospital facilities manager, one shall be a local
building official, one shall be a general contractor, one shall be a
fire and panic safety representative, one shall be a hospital
inspector of record, and three shall be members of the general
public.
   129932.  (a) Each member shall be appointed by the director for a
term of four years and shall hold office until the appointment and
qualification of his or her successor or until one year has elapsed
since the expiration of the term for which he or she was appointed,
whichever first occurs.  No person shall serve as a member of the
board for more than two consecutive terms.  The director may remove
any member of the board for neglect of duty or other just cause.
   (b) The terms of the appointive members of the board who are in
office before January 1, 1994, shall expire as follows:
   (1) The terms of two members shall expire January 1, 1994.
   (2) The terms of two members shall expire January 1, 1995.
   (3) The terms of two members shall expire January 1, 1996.
   (4) The terms of two members shall expire January 1, 1997.
   (5) The terms of three members shall expire January 1, 1998.
   (6) The terms of three members shall expire January 1, 1999.
The terms shall expire in the same relative order as the original
appointment dates.
   (c) Vacancies occurring during a term shall be filled by
appointment for the unexpired term.
   129935.  Appointive members, except for the public members, shall
be qualified by close connection with hospital design and
                                     construction and highly
knowledgeable in their respective fields with particular reference to
seismic safety.  Appointive members, except for the public members,
shall be appointed from nominees recommended by the governing bodies
of the Structural Engineers Association of California; the American
Institute of Architects; the Earthquake Engineering Research
Institute; the Association of Engineering Geologists; the Consulting
Engineers and Land Surveyors of California; the California
Association of Local Building Officials; the American Society for
Heating, Refrigerating, and Air-Conditioning Engineers, Inc.; the
California Association of Hospitals and Health Systems; the
Associated General Contractors of California; the American
Construction Inspectors' Association; and the California Fire Chiefs'
Association.  Board members shall be residents of California.
   129940.  (a) There shall be six ex officio members of the board,
who shall be the director of the office, the State Fire Marshal, the
State Geologist, the Executive Director of the California Building
Standards Commission, the State Director of Health Services, and the
Deputy Director of the Division of Facilities Development in the
office, or their officially designated representatives.
   (b) The director may also appoint up to three additional ex
officio members, with the advice of the chair.  On January 1, 1994,
director-appointed ex officio members may continue to serve until
appointment of their successors by the director.
   129942.  (a) Only appointed members shall vote at board meetings.

   (b) Appointed members, ex officio members, and others appointed to
a committee, including an appeal committee, by the chair, may vote
at committee meetings.
   129945.  The chair of the board shall be an appointive member and
shall be elected by a majority of the appointive members.
   129950.  The board shall be served by an executive director who
shall be a member of the office staff.
   129955.  The Building Safety Board shall convene upon request of
the chairperson thereof.  The chairperson may convene a meeting of
the board whenever it may be necessary, in the chairperson's
judgment, for the board to meet.  The board shall adopt rules of
procedure as necessary to enable it to perform its duties.  The
chairperson shall, at his or her discretion, or upon instructions
from the board, designate subcommittees to study and report back to
the board upon any technical subject or matter for which an
independent review or further study is desired.
   129960.  Members of the board shall be reimbursed from the
Hospital Building Account in the Architecture Public Building Fund
for their reasonable actual expenses in attending meetings conducted
to carry out the provisions of this chapter, and they shall receive
from that account per diem of one hundred dollars ($100) for each day
actually spent in the discharge of official duties where attendance
at one or more publicly scheduled meetings or hearings of the board
is required by the board's chairperson.  However, they shall receive
no other compensation from that account for their services.

      Article 6.  Enforcement

   129975.  The director of the office may conduct studies relating
to the implementation of this chapter to ensure that the
implementation of its provisions results in the least amount of
increases in costs, staffing, and regulation.
   129980.  Whenever any construction or alteration of any hospital
building is being performed contrary to the provisions of this
chapter, the office may order the construction or alteration stopped
by written notice served upon any persons engaged in or causing the
work to be done.  Upon service of the written notice, all
construction or alteration shall cease until an authorization to
remove the notice is issued by the office.  Any person so served
shall, upon request made within 15 days of the written notice, be
entitled to a hearing pursuant to Section 11506 of the Government
Code.
   129985.  (a) Whenever it is necessary to make an inspection to
enforce any of the provisions of this chapter or whenever the office
or its authorized representatives has reasonable cause to believe
that there exists in any building or upon any premises any condition
or a violation of any applicable building standards that makes the
building or premises unsafe, dangerous, or hazardous, the office or
its authorized representatives may enter the building or premises at
any reasonable time to make an inspection or to perform any
authorized duty.  Prior to an entry authorized by this section, the
authorized representatives of the office shall first present proper
identification and credentials and request entry.  In the event that
the building or premises are unoccupied, there shall be a reasonable
effort made to locate the owner or other person or persons having
control or charge of the building or premises in order to request an
entry.  If a request for entry is refused, the office or its
authorized representatives shall have recourse to any remedy
prescribed by law to secure entry.
   (b) Whenever the owner, occupant, or other person having control
or charge of the building or premises is presented with a proper
inspection warrant or other authorization prescribed by law to secure
entry and a request for entry is made, the owner, occupant, or other
person having control or charge of the building or premises shall
promptly permit the entry of the authorized representatives of the
office for the purpose of inspection and examination authorized by
this chapter.
   129990.  The office may order the vacating of any building or
structure found to have been in violation of the adopted regulations
of the office and may order the use of the building or structure
discontinued within the time prescribed by the office upon the
service of notice to the owner or other person having control or
charge of the building or structure.  Any owner or person having
control so served shall, upon request made within 15 days of the
written notice, be entitled to a hearing pursuant to Section 11506 of
the Government Code.

      Article 7.  Penalties

   129998.  (a) Any person who violates any provision of this chapter
is guilty of a misdemeanor.
   (b) This section shall not apply to correctional treatment
centers.  This subdivision shall not affect any civil or
administrative liability against correctional treatment centers or
persons employed by these centers. This subdivision shall remain
operative only until January 1, 1994.

      Article 8.  New State Responsibilities For Seismic Safety in
Hospitals

   130000.  (a) The Legislature hereby finds and declares the
following:
   (1) The Alfred E. Alquist Hospital Facilities Seismic Safety Act
of 1983 was created because of the loss of life in the collapse of
hospitals during the Sylmar earthquake of 1971.
   (2) We were reminded of the vulnerability of hospitals in the
Northridge earthquake of January 17, 1994.
   (3) Several hospitals built prior to the act suffered major damage
and had to be evacuated.
   (4) Hospitals built to the Alfred E. Alquist Hospital Facilities
Seismic Safety Act standards resisted the Northridge earthquakes with
very little structural damage demonstrating the value and necessity
of this act.
   (5) Both pre- and post-act hospitals suffered damage to
architecture and to power and water systems that prevented hospitals
from being operational, caused the loss of one life, triggered
evacuations, unacceptable property losses, and added additional
concerns on emergency medical response.
   (6) An earthquake survivability inventory of California's
hospitals completed by the Office of Statewide Health Planning and
Development in December 1989 indicated that over 83 percent of the
state's hospital beds were in buildings that did not comply with the
Alfred E. Alquist Hospital Facilities Seismic Safety Act because they
were issued permits prior to the effective date of the act.
Furthermore, 26 percent of the beds are in buildings posing
significant risks of collapse since they were built before modern
earthquake codes.  The older hospitals pose significant threats of
collapse in major earthquakes and loss of functions in smaller or
more distant earthquakes.
   (7) The 1989 survey also states:  "Of the 490 hospitals surveyed,
nine hospitals are in Alquist-Priolo Earthquake Fault Rupture Zones,
31 are in areas subject to soil liquefaction, 14 in areas with
landslide potential, 33 in flood zones, and 29 have a possible loss
or disruption of access.  Two hundred five hospitals had no emergency
fuel for their main boilers on hand, 19 had no emergency fuel for
their emergency generators.  Onsite emergency potable water was
available at 273 hospitals and nonpotable water was available at 102
hospitals.  Four hundred eighteen hospitals had emergency radios
onsite, and 419 hospitals had inadequate or partially adequate
equipment anchorage.  In terms of available emergency preparedness,
inadequate or partially inadequate equipment anchorage is still the
most widespread shortcoming."
   (8) This survey identifies many of the shortcomings  that caused
23 hospitals to suspend some or all operations after the Northridge
earthquake.  However, one hospital was rebuilt to comply with the
Alfred E.  Alquist Hospital Facilities Seismic Safety Act after an
older hospital building had partially collapsed in the 1971 Sylmar
earthquake.  The rebuilt hospital suffered failures in water
distribution systems and had to be evacuated.
   (9) The state must rely on hospitals to support patients and offer
medical aid to earthquake victims.
   (b) Therefore, it is the intent of the Legislature, that:
   (1) By enacting this article, the state shall take steps to ensure
that the expected earthquake performance of hospital buildings
housing inpatients and providing primary basic services is disclosed
to public agencies that have a need and a right to know, because the
medical industry cannot immediately bring all hospital buildings into
compliance with the Alfred E. Alquist Hospital Facilities Seismic
Safety Act.
   (2) The state shall encourage structural retrofits or replacements
of hospital buildings housing inpatients and providing primary basic
services that place lives at risk because of their potential for
collapse during an earthquake.
   (3) The state shall also encourage retrofits and enhancements to
critical hospital architecture, equipment, and utility and
communications systems to improve the ability of hospitals to remain
operational for those hospitals that do not pose risk to life.
   130005.  By June 30, 1996:
   (a) The Office of Statewide Health Planning and Development,
hereinafter called the office, shall develop definitions of
earthquake performance categories for earthquake ground motions for
both new and existing hospitals that are:
   (1) Reasonably capable of providing services to the public after a
disaster, designed and constructed to resist, insofar as practical,
the forces generated by earthquakes, gravity, and winds, and in full
compliance with the regulations and standards developed by the office
pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety
Act.
   (2) In substantial compliance with the pre-1973 California
Building Standards Codes, but not in substantial compliance with the
regulations and standards developed by the office pursuant to the
Alfred E.  Alquist Hospital Facilities Seismic Safety Act.  These
buildings may not be repairable or functional but will not
significantly jeopardize life.
   (3) Potentially at significant risk of collapse and that represent
a danger to the public.
   (b) The office may define other earthquake performance categories
as it deems necessary to meet the intent of this article and the
Alfred E. Alquist Hospital Facilities Seismic Safety Act.
   (c) Earthquake performance categories shall also include
subgradations for risk to life, structural soundness, building
contents, and nonstructural systems that are critical to providing
basic services to hospital inpatients and the public after a
disaster.
   (d) Earthquake performance categories shall, as far as
practicable, use language consistent with definitions and concepts as
developed in the model codes and other state and federal agencies.
Where the office finds that deviations from other's definitions and
concepts are necessary and warranted to comply with the intent of the
Alfred E. Alquist Hospital Facilities Seismic Safety Act, the act
that added this article, or the specific nature or functions of
hospitals, the office shall provide supporting documentation that
justifies these differences.
   (e) Insofar as practicable, the office shall define rapid seismic
evaluation procedures that will allow owners to determine with
reasonable certainty the existing applicable earthquake performance
categories and the minimum acceptable earthquake performance
categories for hospital buildings.  These procedures shall allow for
abbreviated analysis when known vulnerability is clear and when
construction in accordance with post-1973 codes allows for an
evaluation focusing on limited structural and nonstructural elements.

   (f) The office, in consultation with the Hospital Building Safety
Board, shall develop regulations to identify the most critical
nonstructural systems and to prioritize the timeframes for upgrading
those systems that represent the greatest risk of failure during an
earthquake.
   (g) The office shall develop regulations as they apply to the
administration of seismic standards for retrofit designs,
construction, and field reviews for the purposes of this article.
   (h) The office shall develop regulations for the purpose of
reviewing requests and granting delays to hospitals demonstrating a
need for more time to comply with Section 130060.
   (i) The office shall submit all information developed pursuant to
subdivisions (a) to (f), inclusive, to the California Building
Standards Commission by June 30, 1996.
   (j) The office shall submit all information developed pursuant to
subdivisions (g) and (h) to the California Building Standards
Commission by December 31, 1996.
   (k) "Hospital building," as used in Article 8 and Article 9 of
this chapter means a hospital building as defined in Section 129725
and that is also licensed pursuant to subdivision (a) of Section
1250, but does not include these buildings if the beds licensed
pursuant to subdivision (a) of Section 1250, as of January 1, 1995,
comprise 10 percent or less of the total licensed beds of the total
physical plant, and does not include facilities owned or operated, or
both, by the Department of Corrections.
   130010.  The office is responsible for reviewing and approving
seismic evaluation reports, compliance schedules and construction
documents that are developed by hospital owners, and field review of
construction for work done pursuant to this article.
   130015.  For the 1994-95 through 1997-98 fiscal years, the sum of
three hundred eighteen thousand dollars ($318,000) is hereby
appropriated from the Hospital Building Fund to the office for the
purpose of developing regulations pursuant to subdivisions (a)
through (j) of Section 130005.
   130020.  (a) By December 31, 1996, the California Building
Standards Commission shall review, revise as necessary and adopt
earthquake performance categories, seismic evaluation procedures, and
standards and timeframes for upgrading the most critical
nonstructural systems as developed by the office.  By June 30, 1997,
the California Building Standards Commission shall review, revise as
necessary, and adopt seismic retrofit building standards and
procedures for reviewing requests and granting delays to hospitals
that demonstrate a need for more time to comply with Section 130060.

   (b) For purposes of this section all submittals made by the office
pursuant to subdivisions (i) and (j) of Section 130005 shall be
deemed as emergency regulations and adopted as such.
   130025.  (a) In the event of a seismic event, or other natural or
manmade calamity that the office believes is of such a magnitude that
it may have compromised the structural integrity of a hospital
building, or any major system of a hospital building, the office
shall send one or more authorized representatives to examine the
structure or system.  "System" for these purposes shall include, but
not be limited to, the electrical, mechanical, plumbing, and fire and
life safety system of the hospital building.  If in the opinion of
the office, the structural integrity of the hospital building or any
system has been compromised and damaged to a degree that the hospital
building has been made unsafe to occupy, the office may cause to be
placed on the hospital building either a red tag, a yellow tag, or a
green tag.
   (b) A "red" tag shall mean the hospital building is unsafe and
shall be evacuated immediately.  Access to red-tagged buildings shall
be restricted to persons authorized by the office to enter.
   (c) A "yellow" tag shall mean that the hospital building has been
authorized for limited occupancy, and the authorized representative
of the office shall write directly on the yellow tag that portion of
the hospital building that may be entered with or without restriction
and those portions that may not.
   (d) A "green" tag shall mean the hospital building and all of its
systems have been inspected by an authorized agent of the office, and
have been found to be safe for use and occupancy.
   (e) Any law enforcement or other public safety agency of this
state shall grant access to hospital buildings by authorized
representatives of the office upon the showing of appropriate
credentials.

      Article 9.  Hospital Owner Responsibilities

   130050.  (a) Within three years after the adoption of the
standards described in Section 130020, owners of all general acute
care hospitals shall:
   (1) Conduct seismic evaluations in accordance with procedures
developed by the office pursuant to subdivision (e) of Section 130005
and submit evaluations to the office for its review and approval.
   (2) Identify the most critical nonstructural systems that
represent the greatest risk of failure during an earthquake and
submit the timetables for upgrading those systems pursuant to
subdivision (f) of Section 130005 to the office for its review and
approval.
   (b) Within three years after the adoption of standards described
in Section 130020, owners of all general acute care hospitals shall
prepare a plan and compliance schedule for each building under the
office's jurisdiction that indicates the steps by which the hospital
intends to bring their hospital buildings into substantial compliance
with the regulations and standards developed by the office pursuant
to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and
this act, identifies the phasing out of or retrofit of noncomplying
structures and systems, or outlines steps for relocation of acute
care services to facilities that comply with the regulations and
standards developed by the office pursuant to Alfred E. Alquist
Hospital Facilities Seismic Safety Act and this act, and presents
comprehensive plans and compliance schedules to the office for its
review and approval, and integrates this schedule into the facility's
master plan.
   (c) Owners of all general acute care hospitals may be granted a
one year allowance from the requirements of subdivision (b) by the
office if they demonstrate a need for more time to prepare plans and
compliance schedules for their buildings.
   130055.  Within 60 days following the office's approval of the
report submitted pursuant to subdivision (b) of Section 130050,
general acute hospital building owners shall do all of the following:

   (a) Inform the local office of emergency services or the
equivalent agency, the California Office of Emergency Services, and
the office, of each building's expected earthquake performance.
   (b) Include all pertinent information regarding the building's
expected earthquake performance in emergency training, response, and
recovery plans.
   (c) Include all pertinent information regarding the building's
expected earthquake performance in capital outlay plans.
   130060.  After January 1, 2008, any general acute care hospital
building that is determined to be a potential risk of collapse or
pose significant loss of life shall only be used for nonacute care
hospital purposes.  A delay in this deadline may be granted by the
office upon a demonstration by the owner that compliance will result
in a loss of health care capacity that may not be provided by other
general acute care hospitals within a reasonable proximity.
   Upon compliance with this section, the hospital shall be issued a
written notice of compliance by the office.  The office shall send a
written notice of violation to hospital owners that fail to comply
with this section.
   130065.  In accordance with the compliance schedule approved by
the office, but in any case no later than January 1, 2030, owners of
all acute care inpatient hospitals shall either:
   (a) Demolish, replace, or change to nonacute care use all hospital
buildings not in substantial compliance with the regulations and
standards developed by the office pursuant to the Alfred E. Alquist
Hospital Facilities Seismic Safety Act and this act.
   (b) Seismically retrofit all acute care inpatient hospital
buildings so that they are in substantial compliance with the
regulations and standards developed by the office pursuant to the
Alfred E. Alquist Hospital Facilities Seismic Safety Act and this
act.
   Upon compliance with this section, the hospital shall be issued a
written notice of compliance by the office.  The office shall send a
written notice of violation to hospital owners that fail to comply
with this section.
   130070.  The office shall notify the State Department of Health
Services of the hospital owners that have received a written notice
of violation for failure to comply with either Section 130060 or
130065.  Unless the hospital places its license in voluntary
suspense, the state department shall suspend or refuse to renew the
license of a hospital that has received a notice of violation from
the office because of its failure to comply with either Section
130060 or 130065.  The license shall be reinstated or renewed upon
presentation to the state department of a written notice of
compliance issued by the office.

      CHAPTER 2.  CLINIC CONSTRUCTION STANDARDS (Reserved)

  SEC. 10.  Section 26 of the Health and Safety Code is repealed.
  SEC. 11.  Chapter 1 (commencing with Section 100) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 12.  Chapter 1.4 (commencing with Section 140) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 13.  Chapter 1.5 (commencing with Section 150) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 14.  Chapter 1.7 (commencing with Section 175) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 15.  Chapter 1.8 (commencing with Section 185) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 16.  Chapter 1.85 (commencing with Section 188) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 17.  Chapter 1.9 (commencing with Section 190) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 18.  Chapter 1.10 (commencing with Section 195) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 19.  Chapter 1.11 (commencing with Section 199.20) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 20.  Chapter 1.12 (commencing with Section 199.30) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 21.  Chapter 1.13 (commencing with Section 199.42) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 22.  Chapter 1.14 (commencing with Section 199.45) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 23.  Chapter 1.15 (commencing with Section 199.55) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 24.  Chapter 1.16 (commencing with Section 199.70) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 25.  Chapter 1.17 (commencing with Section 199.81) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 26.  Chapter 1.19 (commencing with Section 199.86) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 27.  Chapter 1.20 (commencing with Section 199.95) of Part 1
of Division 1 of the Health and Safety Code is repealed.
  SEC. 28.  Article 1 (commencing with Section 200) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 29.  Article 1.5 (commencing with Section 225) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 30.  Article 1.7 (commencing with Section 230) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 31.  Article 1.7 (commencing with Section 235) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 32.  Article 1.8 (commencing with Section 242) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 33.  Article 1.9 (commencing with Section 246.1) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 34.  Article 2 (commencing with Section 248) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 35.  Article 2.1 (commencing with Section 275) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 36.  Article 2.4 (commencing with Section 283) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 37.  Article 2.6 (commencing with Section 289) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 38.  Article 2.9 (commencing with Section 295) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 39.  Article 3 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 40.  Article 3.1 (commencing with Section 309.7) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 41.  Article 3.2 (commencing with Section 309.100) of Chapter
2 of Part 1 of Division 1 of the Health and Safety Code is repealed.

                                                       SEC. 42.
Article 3.3 (commencing with Section 310) of Chapter 2 of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 43.  Article 3.4 (commencing with Section 320) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 44.  Article 3.45 (commencing with Section 324.7) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 45.  Article 3.5 (commencing with Section 325) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 46.  Article 3.6 (commencing with Section 340) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 47.  Article 3.7 (commencing with Section 349) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 48.  Article 4 (commencing with Section 350) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 49.  Article 4.5 (commencing with Section 360) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 50.  Article 4.6 (commencing with Section 372) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 51.  Article 5 (commencing with Section 374) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 52.  Article 5.5 (commencing with Section 380) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 53.  Article 5.7 (commencing with Section 390) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 54.  Article 6 (commencing with Section 400) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 55.  Article 6.1 (commencing with Section 402) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 56.  Article 6.5 (commencing with Section 405) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 57.  Article 7 (commencing with Section 410) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 58.  Article 7.2 (commencing with Section 412) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 59.  Article 7.7 (commencing with Section 417) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 60.  Article 7.8 (commencing with Section 418) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 61.  Article 8 (commencing with Section 420) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 62.  Article 8.1 (commencing with Section 421) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 63.  Article 8.5 (commencing with Section 423) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 64.  Article 8.7 (commencing with Section 424.10) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 65.  Article 9.5 (commencing with Section 426) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 66.  Article 10 (commencing with Section 427) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 67.  Article 10.2 (commencing with Section 427.10) of Chapter
2 of Part 1 of Division 1 of the Health and Safety Code is repealed.

  SEC. 68.  Article 11 (commencing with Section 428) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 69.  Article 13 (commencing with Section 429.11) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 70.  Article 13.1 (commencing with Section 429.13) of Chapter
2 of Part 1 of Division 1 of the Health and Safety Code is repealed.

  SEC. 71.  Article 14.5 (commencing with Section 429.35) of Chapter
2 of Part 1 of Division 1 of the Health and Safety Code is repealed.

  SEC. 72.  Article 15 (commencing with Section 429.40) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 73.  Article 16 (commencing with Section 429.50) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 74.  Article 17 (commencing with Section 429.60) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 75.  Article 18 (commencing with Section 429.70) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 76.  Article 18.5 (commencing with Section 429.90) of Chapter
2 of Part 1 of Division 1 of the Health and Safety Code is repealed.

  SEC. 77.  Article 19 (commencing with Section 429.94) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 78.  Article 20 (commencing with Section 429.994) of Chapter 2
of Part 1 of Division 1 of the Health and Safety Code is repealed.
  SEC. 79.  Chapter 3 (commencing with Section 430) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 79.5.  Chapter 4 (commencing with Section 436) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 80.  Chapter 5 (commencing with Section 436.50) of Part 1 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 81.  Part 1.5 (commencing with Section 437.01) of Division 1
of the Health and Safety Code is repealed.
  SEC. 82.  Part 1.8 (commencing with Section 443) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 83.  Part 1.85 (commencing with Section 444) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 84.  Part 1.95 (commencing with Section 446) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 85.  Part 1.96 (commencing with Section 447.70) of Division 1
of the Health and Safety Code is repealed.
  SEC. 86.  Part 1.97 (commencing with Section 448) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 87.  Chapter 1 (commencing with Section 450) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 88.  Chapter 2 (commencing with Section 600) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 89.  Chapter 3 (commencing with Section 700) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 90.  Section 850 of the Health and Safety Code is repealed.
  SEC. 91.  Chapter 6 (commencing with Section 954) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 92.  Chapter 7 (commencing with Section 1000) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 93.  Chapter 7.5 (commencing with Section 1010) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 94.  Chapter 8 (commencing with Section 1100) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
  SEC. 95.  Part 3 (commencing with Section 1170) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 96.  Part 3.5 (commencing with Section 1175) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 97.  Part 6 (commencing with Section 1180) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 98.  Part 6.9 (commencing with Section 1189.101) of Division 1
of the Health and Safety Code is repealed.
  SEC. 99.  Part 7 (commencing with Section 1190) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 100.  Section 1250.9 of the Health and Safety Code is
repealed.
  SEC. 101.  Section 1250.10 of the Health and Safety Code is
repealed.
  SEC. 102.  Section 1260 of the Health and Safety Code is repealed.

  SEC. 102.5.  Article 8 (commencing with Section 1630) of Chapter 4
of Division 2 of the Health and Safety Code is repealed.
  SEC. 103.  Chapter 7 (commencing with Section 1700) of Division 2
of the Health and Safety Code is repealed.
  SEC. 104.  Division 2.3 (commencing with Section 1795) of the
Health and Safety Code is repealed.
  SEC. 105.  Chapter 2 (commencing with Section 1800) of Division 3
of the Health and Safety Code is repealed.
  SEC. 106.  Chapter 3 (commencing with Section 1900) of Division 3
of the Health and Safety Code is repealed.
  SEC. 107.  Chapter 4 (commencing with Section 2100) of Division 3
of the Health and Safety Code is repealed.
  SEC. 108.  Chapter 5.5 (commencing with Section 2425) of Division 3
of the Health and Safety Code is repealed.
  SEC. 109.  Chapter 9 (commencing with Section 2950) of Division 3
of the Health and Safety Code is repealed.
  SEC. 110.  Division 4 (commencing with Section 3000) of the Health
and Safety Code is repealed.
  SEC. 111.  Part 1 (commencing with Section 3700) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 112.  Part 2 (commencing with Section 4100) of Division 1 of
the Health and Safety Code is repealed.
  SEC. 124.  Chapter 6.5 (commencing with Section 5474.20) of Part 3
of Division 5 of the Health and Safety Code is repealed.
  SEC. 125.  Division 9 (commencing with Section 10000) of the Health
and Safety Code is repealed.
  SEC. 126.  Division 9.5 (commencing with Section 10800) of the
Health and Safety Code is repealed.
  SEC. 127.  Division 9.7 (commencing with Section 10900) of the
Health and Safety Code is repealed.
  SEC. 128.  Division 10.1 (commencing with Section 11670) of the
Health and Safety Code is repealed.
  SEC. 129.  Chapter 1 (commencing with Section 15000) of Part 6 of
Division 12.5 of the Health and Safety Code is repealed.
  SEC. 130.  Chapter 1.5 (commencing with Section 19010) of Part 3 of
Division 13 of the Health and Safety Code is repealed.
  SEC. 131.  Division 17 (commencing with Section 23000) of the
Health and Safety Code is repealed.
  SEC. 132.  Chapter 1 (commencing with Section 24000) of Division 20
of the Health and Safety Code is repealed.
  SEC. 133.  Chapter 1.2 (commencing with Section 24160) of Division
20 of the Health and Safety Code is repealed.
  SEC. 134.  Chapter 1.5 (commencing with Section 24180) of Division
20 of the Health and Safety Code is repealed.
  SEC. 135.  Chapter 3 (commencing with Section 24380) of Division 20
of the Health and Safety Code is repealed.
  SEC. 136.  Chapter 3.5 (commencing with Section 24385) of Division
20 of the Health and Safety Code is repealed.
  SEC. 137.  Chapter 4 (commencing with Section 24400) of Division 20
of the Health and Safety Code is repealed.
  SEC. 138.  Chapter 4.3 (commencing with Section 24425) of Division
20 of the Health and Safety Code is repealed.
  SEC. 139.  Chapter 4.5 (commencing with Section 24450) of Division
20 of the Health and Safety Code is repealed.
  SEC. 140.  Chapter 5 (commencing with Section 24800) of Division 20
of the Health and Safety Code is repealed.
  SEC. 141.  Chapter 6 (commencing with Section 25000) of Division 20
of the Health and Safety Code is repealed.
  SEC. 142.  Chapter 6.1 (commencing with Section 25015) of Division
20 of the Health and Safety Code is repealed.
  SEC. 143.  Chapter 6.99 (commencing with Section 25572) of Division
20 of the Health and Safety Code is repealed.
  SEC. 144.  Chapter 7 (commencing with Section 25600) of Division 20
of the Health and Safety Code is repealed.
  SEC. 145.  Chapter 7.1 (commencing with Section 25620) of Division
20 of the Health and Safety Code is repealed.
  SEC. 146.  Chapter 7.2 (commencing with Section 25625) of Division
20 of the Health and Safety Code is repealed.
  SEC. 147.  Chapter 7.3 (commencing with Section 25650) of Division
20 of the Health and Safety Code is repealed.
  SEC. 148.  Chapter 7.4 (commencing with Section 25660) of Division
20 of the Health and Safety Code is repealed.
  SEC. 149.  Chapter 7.5 (commencing with Section 25700) of Division
20 of the Health and Safety Code is repealed.
  SEC. 150.  Chapter 7.6 (commencing with Section 25800) of Division
20 of the Health and Safety Code is repealed.
  SEC. 151.  Chapter 7.7 (commencing with Section 25880) of Division
20 of the Health and Safety Code is repealed.
  SEC. 152.  Chapter 7.8 (commencing with Section 25882) of Division
20 of the Health and Safety Code is repealed.
  SEC. 153.  Chapter 7.9 (commencing with Section 25884) of Division
20 of the Health and Safety Code is repealed.
  SEC. 154.  Chapter 8 (commencing with Section 25895) of Division 20
of the Health and Safety Code is repealed.
  SEC. 155.  Chapter 9 (commencing with Section 25898) of Division 20
of the Health and Safety Code is repealed.
  SEC. 156.  Chapter 10 (commencing with Section 25900) of Division
20 of the Health and Safety Code is repealed.
  SEC. 157.  Chapter 10.2 (commencing with Section 25906) of Division
20 of the Health and Safety Code is repealed.
  SEC. 158.  Chapter 10.5 (commencing with Section 25920) of Division
20 of the Health and Safety Code is repealed.
  SEC. 159.  Chapter 10.7 (commencing with Section 25930) of Division
20 of the Health and Safety Code is repealed.
  SEC. 160.  Chapter 10.8 (commencing with Section 25940) of Division
20 of the Health and Safety Code is repealed.
  SEC. 161.  Chapter 11 (commencing with Section 25950) of Division
20 of the Health and Safety Code is repealed.
  SEC. 162.  Chapter 12 (commencing with Section 25960) of Division
20 of the Health and Safety Code is repealed.
  SEC. 163.  Chapter 12.7 (commencing with Section 25967) of Division
20 of the Health and Safety Code is repealed.
  SEC. 164.  Chapter 13 (commencing with Section 25970) of Division
20 of the Health and Safety Code is repealed.
  SEC. 165.  Chapter 13.7 (commencing with Section 25989.500) of
Division 20 of the Health and Safety Code is repealed.
  SEC. 166.  Chapter 14 (commencing with Section 25990) of Division
20 of the Health and Safety Code is repealed.
  SEC. 167.  Chapter 14.5 (commencing with Section 25995) of Division
20 of the Health and Safety Code is repealed.
  SEC. 168.  Chapter 14.7 (commencing with Section 25996.950) of
Division 20 of the Health and Safety Code is repealed.
  SEC. 169.  Division 21 (commencing with Section 26000) of the
Health and Safety Code is repealed.
  SEC. 170.  Division 22 (commencing with Section 27000) of the
Health and Safety Code is repealed.
  SEC. 171.  It is the intent of the Legislature in enacting this act
to reorganize and clarify portions of the Health and Safety Code and
thereby facilitate its administration.  The Legislature intends that
the changes made to the Health and Safety Code, as reorganized by
this act, have only technical and nonsubstantive effect.  Hence, no
change made by this act shall create any new right, duty, or other
obligation that did not exist on the effective date of this act, or
result in the limitation or termination of any right, duty, or other
obligation that existed on the effective date of this act.
  SEC. 172.  The Legislature finds that the reorganization of the
Health and Safety Code pursuant to this act, in view of the
nonsubstantive statutory changes made, will not result in new or
additional costs to local agencies.
  SEC. 173.  Any section of any act, other than the act for the
maintenance of the codes (SB 975), enacted by the Legislature during
the 1995 calendar year that takes effect on or before January 1,
1996, 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.