BILL NUMBER: SB 1497 CHAPTERED
BILL TEXT
CHAPTER 1023
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1996
APPROVED BY GOVERNOR SEPTEMBER 27, 1996
PASSED THE SENATE AUGUST 23, 1996
PASSED THE ASSEMBLY AUGUST 19, 1996
AMENDED IN ASSEMBLY AUGUST 5, 1996
AMENDED IN ASSEMBLY JULY 11, 1996
AMENDED IN ASSEMBLY JUNE 4, 1996
AMENDED IN SENATE APRIL 8, 1996
INTRODUCED BY Committee on Health and Human Services (Senators
Watson (Chair), Maddy, Mello, Polanco, and Solis)
FEBRUARY 8, 1996
An act to amend Sections 690, 1244, 1271, 1300.1, 1320, 2252,
2253, 2254, 2257, 2543, 2812, 4009, 4084.5, 4084.6, 4148, 4160,
4211.5, 4228, 4240, 7649, 9744, 12240, 17577.2, and 22955 of the
Business and Professions Code, to amend Sections 56.17, 56.30,
1714.25, and 1940 of the Civil Code, to amend Section 564 of the Code
of Civil Procedure, to amend Sections 8208, 32064, 32065, 32241,
32243, 33319, 44978, 46010, 46010.5, 48213, 48931, 49452.5, 87408.6,
and 87781 of the Education Code, to amend Sections 359, 1852, 6925,
7571, and 7639 of the Family Code, to amend Section 5655 of the Fish
and Game Code, to amend Sections 11408, 12533, 12846, 12982, 14505,
14904, 18694, 18813, 18849, 18850, 18851, 19260, 41302, 41332, 41581,
46000, 46002, 46003, 46003.5, 46004, 46005, 46006, 46007, 46008,
46009, 46010, 46012, 46014, 46015, 55861.7, 56571.7, and 58108 of the
Food and Agricultural Code, to amend Sections 6103.4, 7575, 7901,
8607.2, 8610.5, 8870.95, 8894.1, 11121, 14964, 15438, 15438.1,
24306.5, 25852, 26857, 26859, 27491.41, 27504.1, 33202, 54985, 65352,
65352.5, 65962.5, and 66013 of the Government Code, to amend Section
784 of the Harbors and Navigation Code, to amend Sections 1201,
1205.5, 1212, 1250.1, 1250.4, 1250.8, 1251.3, 1253.1, 1255, 1268,
1271.1, 1339.5, 1339.8, 1339.30, 1395, 1403.1, 1569.691, 1569.692,
1596.813, 1603.3, 1603.4, 1616.5, 1619, 1729.1, 1797.98e, 1797.189,
1797.221, 1799.54, 2202, 2317, 2805, 6542, 7025, 7054, 7054.6, 7117,
8961.5, 11026, 11122, 11150, 11210, 11250, 11251, 11758.54, 17961,
24174, 24177, 25143.10, 25163, 25174.7, 25187, 25198, 25208.17,
25249.11, 25298.5, 25358.4, 32121, 32127.2, 32132, 32221, 38072,
38079, 39660.5, 100125, 100450, 100700, 100725, 100865, 100880,
101095, 101140, 101185, 101225, 101275, 101280, 101300, 101310,
101325, 101405, 101425, 101460, 101625, 101800, 101805, 101815,
101820, 102310, 102585, 102960, 103175, 104420, 104580, 105250,
106690, 113200, 113270, 113275, 113280, 120250, 120295, 121575,
123400, 127015, 127020, 127040, 127045, 127580, 127760, 127780,
128030, 128782, 129295, 129725, 129730, 129787, 129895, and 129905,
to amend the heading of Article 3.8 (commencing with Section 349.100)
of Chapter 2 of Part 1 of Division 1 of, to amend the heading of
Article 12 (commencing with Section 429) of Chapter 2 of Division 1
of, to amend the heading of Article 3 (commencing with Section 3396)
of Chapter 7 of Division 4 of, to amend the headings of Article 2
(commencing with Section 115725) of, and Article 3 (commencing with
Section 115775) of, Chapter 4 of Part 10 of Division 104 of, to amend
the heading of Chapter 4 (commencing with Section 114650) of Part 9
of Division 104 of, to amend the heading of Chapter 4 of Part 10 of
Division 104 of, to amend the heading of Chapter 8 (commencing with
Section 108800) of Part 3 of Division 104 of, to amend the heading of
Chapter 3 (commencing with Section 120750) of Part 3 of Division 105
of, to amend and renumber Sections 27, 113, 199.65, 199.66, 199.67,
199.68, 305, 319.50, 319.55, 330.10, 330.15, 330.20, 330.25, 330.30,
330.35, 349.100, 349.101, 349.102, 349.103, 349.104, 349.105,
349.106, 349.107, 349.108, 349.109, 412, 429, 429.14, 429.82, 429.83,
429.84, 443.26, 443.37, 443.46, 1250.9, 3381, 3396, 4010.1, 4010.35,
4017, 4026.7, 4026.8, 4049.54, 10605, 15097.105, 24425, 25020.5,
25021.9, 25022.8, 25023.2, 25023.8, 25024, 25025.9, 25027, 25027.5,
25030.5, 25041, 25055, 25061, 25062.5, 25063, 25070.4, 25080, 25081,
25088, 25090, 25090.5, 25090.6, 25673.1, 26569.22, 26569.30, 27508,
27510, 27511, 27512, 27512.5, 27514, 27514.1, 27514.2, 27517,
27518.5, 27519, 27519.1, 27519.2, 27523, 27523.1, 27523.2, 27523.3,
27523.4, 27523.8, 27525.1, 27531, 27531.5, 27533.5, 27534, 27535,
27536.3, 27550, 27560, 27601, 27601.5, 27602.3, 27602.4, 27606,
27612, 27612.1, 27613, 27614, 27621, 27622, 27622.5, 27623, 27625,
27627, 27629, 27632, 27675, 27677, 27791, 27832, 27844, 27845, 27849,
114363, 123227, 128525, 128530, and 129880 of, to amend and renumber
the headings of Article 3.35 (commencing with Section 319.50) and
Article 3.55 (commencing with Section 330.10) of Chapter 2 of Part 1
of Division 1 of, to amend and renumber the heading of Article 2 of
Chapter 4 of Part 3 of Division 107 of, to amend and renumber the
heading of Chapter 1.155 (commencing with Section 199.65) of Part 1
of Division 1 of, to amend and renumber the heading of Chapter 4
(commencing with Section 101800) of Part 4 of Division 101 of, to
amend, renumber, and add Sections 114360 and 114365 of, to add
Sections 100333, 101565, 106865, 109277, 109282, 110597, 110956,
110957, 110958, 110970, 111912, 113732, 113923, 114361, 114364,
114366, 115091, 115092, 115093, 116379, 117657, 117924, 118027,
118029, 128440, 128445, 128450, and 128455 to, to add a heading as
Article 4 (commencing with Section 100921) to Chapter 4 of Part 1 of
Division 101 of, to add Article 5 (commencing with Section 101150) to
Chapter 2 of Part 3 of Division 101 of, to add Article 5 (commencing
with Section 101480) to Chapter 4 of Part 2 of Division 101 of, to
add a heading as Article 10 (commencing with Section 110970) to
Chapter 5 of Part 5 of Division 104 of, to add Article 20 (commencing
with Section 114460) to Chapter 4 of Part 7 of Division 104 of, to
add Article 5 (commencing with Section 114680) and Article 6
(commencing with Section 114685) to Chapter 4 of Part 9 of Division
104 of, to add Article 2 (commencing with Section 127340) to Chapter
2 of Part 2 of Division 107 of, to add Article 1 (commencing with
Section 128330) to Chapter 5 of Part 3 of Division 107 of, to add a
heading as Chapter 6 (commencing with Section 124250) of Part 2 of
Division 106 of, to add a heading as Chapter 4 (commencing with
Section 127620) of Part 2 of Division 107 of, to add Chapter 4
(commencing with Section 128200) to Part 3 of Division 107 of, to add
a heading as Part 5 (commencing with Section 101800) of Division 101
of, to add a heading as Part 4 (commencing with Section 128525) to
Division 107 of, to add Part 9.5 (commencing with Section 115700) to
Division 104 of, to repeal Sections 101500, 110185, 110195, 111600,
113300, 113305, 114770, and 116335 of, to repeal Article 1.5
(commencing with Section 447) of Part 1.95 of, and Article 4.2
(commencing with Section 512) of Chapter 1 of Part 2 of, Division 1
of, to repeal Article 1 (commencing with Section 115700) of Chapter 4
of Part 10 of Division 104 of, to repeal Article 6 (commencing with
Section 114690) of Chapter 4 of Part 9 of Division 104 of, to repeal
Article 1 of Chapter 5 of Part 3 of Division 107 of, to repeal
Chapter 7 (commencing with Section 1000) of Part 2 of Division 1 of,
to repeal Part 1.98 (commencing with Section 449.10) of Division 1
of, and to repeal Part 6.5 (commencing with Section 1189) of Division
1 of, and to repeal and add Article 4 (commencing with Section
114675) of Chapter 4 of Part 9 of Division 104 of, the Health and
Safety Code, to amend Sections 799.02, 799.10, 10123.35, 10140.1, and
11512.965 of the Insurance Code, to amend Sections 147.2, 2441,
2807, 5205, 6712, and 6717 of the Labor Code, to amend Sections 187,
193.8, 274, 275, 276, 803, 830.3, 1202.1, 1202.6, 1524.1, 3405, 4028,
6031.1, 7504, 11105, 11165.13, and 14202 of the Penal Code, to amend
Sections 2356, 3211, and 5144 of the Probate Code, to amend Sections
5099.7, 21151.1, 40191, 42290, 43020, 43210, 43211, 43308, and 44103
of the Public Resources Code, to amend Sections 770, 12814, and
12821 of the Public Utilities Code, to amend Sections 6074, 30461.6,
43012, 43056, 43057, 43101, 43152.13, and 43152.14 of the Revenue and
Taxation Code, to amend Sections 165.5, 353, 2401.1, 2452, 20017,
27903, and 33000 of the Vehicle Code, to amend Sections 10617, 13050,
13176, 13281, 13755, 13813, 13819, 13820, 13824, 13837, 13855,
13861, 13868.5, 13880, 13882, 13886, 13895.3, 13895.9, 13896,
13896.4, 14003, 14011, 14012, 14016, 14952, 22264, and 36153 of the
Water Code, and to amend Sections 220, 729.8, 903, 1715, 1768.9,
1773, 4134, 4472, 4780, 5328, 5717, 9390.5, 11330.8, 11333, 14021.7,
14081.5, 14087.6, 14094.3, 14103.8, 14105.5, 14126.25, 14126.40,
14132.22, 14132.77, 14138, 14139, 14148.3, 14163, 14503.5, 14683,
16604.5, 16702, 16702.1, 16800.7, 16908.5, 16920, 16921, 16931.5,
16934, 16953, 16961, 16970, 16990.9, 16996.2, 17602, 17605, 18966,
18966.1, 18968, 18968.5, 18969, and 18970 of the Welfare and
Institutions Code, relating to reorganization of the Health and
Safety Code, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1497, Committee on Health and Human Services. Reorganization
of the Health and Safety Code: public health.
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 the Health
and Safety Code. Existing law requires the director to conduct that
review in cooperation with county and city representatives and the
California Conference of Local Health Officers and to produce, among
other things, a reorganization by chapter and section for all public
health laws.
Existing law, Chapter 415 of the Statutes of 1995, which took
effect on January 1, 1996, repeals and reorganizes the public health
portion of the Health and Safety Code into 7 new divisions. Existing
law states the intent of the Legislature that the purpose of the
reorganization is to facilitate the administration of those public
health provisions and that the reorganization is to have only
technical and nonsubstantive effect. Existing law prohibits the
provisions of Chapter 415 of the Statutes of 1995 from creating or
terminating rights, duties, or obligations. However, under existing
law, Chapter 415 of the Statutes of 1995 repeals provisions of public
health law and does not reorganize those provisions into the new
divisions.
In order to conform to the reorganized divisions, this bill would
make cross-reference changes throughout the codes, including the
Health and Safety Code, and would renumber provisions in the Health
and Safety Code that were enacted in 1995. This bill would also
reenact those provisions repealed by Chapter 415 of the Statutes of
1995 that were not reorganized into the new divisions. Because of
this reenactment, the bill would technically make an appropriation
and impose a state-mandated local program.
This bill would declare the intent of the Legislature that any
substantive changes made by Chapter 415 of the Statutes of 1995 were
unintended and that, when construing the effect of the reorganized
provisions of Chapter 415 of the Statutes of 1995 from January 1,
1996, to the date that this measure takes effect, a court apply the
provisions in a manner consistent with this bill. The bill would
declare the intent of the Legislature to make substantive changes to
the law solely to ensure that Chapter 415 of the Statutes of 1995 has
only technical and nonsubstantive effect.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, for certain costs, no reimbursement
is required by this act for specified reasons.
Moreover, this bill would provide that, if the Commission on State
Mandates determines that this bill contains other costs mandated by
the state, reimbursement for those costs shall be made pursuant to
those statutory procedures and, if the statewide cost does not exceed
$1,000,000, shall be made from the State Mandates Claims Fund.
This bill would provide that any section of any act, other than
the code maintenance act, enacted in 1996 that takes effect on or
before January 1, 1997, and that amends, amends and renumbers, amends
and repeals, amends, repeals, and adds, repeals, or repeals and adds
a section that is amended, or amended and renumbered, by this act,
shall prevail over the amendment, or amendment and renumbering, of
that section by this act. The bill would provide that certain
sections proposed to be added by other acts would prevail over
sections proposed to be added by this act whether this bill is
enacted before or after the other acts.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 690 of the Business and Professions Code is
amended to read:
690. (a) Except as provided in Section 4601 of the Labor Code and
Section 2627 of the Unemployment Insurance Code, neither the
administrators, agents, or employees of any program supported, in
whole or in part, by funds of the State of California, nor any state
agency, county, or city of the State of California, nor any officer,
employee, agent, or governing board of a state agency, county, or
city in the performance of its, his, or her duty, duties, function or
functions, shall prohibit any person, who is entitled to vision care
that may be rendered by either an optometrist or a physician and
surgeon within the scope of his or her license, from selecting a duly
licensed member of either profession to render the service, provided
the member has not been removed or suspended from participation in
the program for cause.
(b) Whenever any person has engaged, or is about to engage, in any
acts or practices that constitute, or will constitute, a violation
of this section, the superior court in and for the county wherein the
acts or practices take place, or are about to take place, may issue
an injunction, or other appropriate order, restraining the conduct on
application of the Attorney General, the district attorney of the
county, or any person aggrieved.
For purposes of this subdivision, "person aggrieved" means the
person who seeks the particular medical or optometric services
mentioned herein, or the holder of any certificate who is
discriminated against in violation of this section.
(c) Nothing contained in this section shall prohibit any agency
operating a program of services, including, but not limited to, a
program established pursuant to Article 5 (commencing with Section
123800) of Chapter 3 of Part 2 of Division 106 of the Health and
Safety Code or Chapter 10.5 (commencing with Section 6971), Chapter
11 (commencing with Section 7001), or Chapter 11.5 (commencing with
Section 7041) of Division 6 of the Education Code, from preparing
lists of healing arts licensees and requiring patients to select a
licensee on the list as a condition to payment by the program for the
services, except that if the lists are established and a particular
service may be performed by either a physician and surgeon or an
optometrist the list shall contain a sufficient number of licensees
so as to assure the patients an adequate choice.
SEC. 2. Section 1244 of the Business and Professions Code is
amended to read:
1244. (a) Nothing in this chapter shall restrict, limit, or
prevent a program of nondiagnostic general health assessment provided
that:
(1) The purpose of the program is to refer individuals to licensed
sources of care as indicated.
(2) The program utilizes only those devices that comply with all
of the following:
(A) Meet all applicable state and federal performance standards
pursuant to Section 111245 of the Health and Safety Code.
(B) Are not adulterated as specified in Article 2 (commencing with
Section 111250) of Chapter 6 of Part 5 of Division 104 of the Health
and Safety Code.
(C) Are not misbranded as specified in Article 3 (commencing with
Section 111330) of Chapter 6 of Part 5 of Division 104 of the Health
and Safety Code.
(D) Are not new devices unless they meet the requirements of
Section 111550 of the Health and Safety Code.
(3) The program maintains a supervisory committee consisting of,
at a minimum, a licensed physician and surgeon and a laboratory
technologist licensed pursuant to this chapter.
(4) The supervisory committee for the program adopts written
protocols that shall be followed in the program and that shall
contain all of the following:
(A) Provision of written information to individuals to be assessed
that shall include, but not be limited to, the following:
(i) The potential risks and benefits of assessment procedures to
be performed in the program.
(ii) The limitations, including the nondiagnostic nature, of
assessment examinations of biological specimens performed in the
program.
(iii) Information regarding the risk factors or markers targeted
by the program.
(iv) The need for followup with licensed sources of care for
confirmation, diagnosis, and treatment as appropriate.
(B) Proper use of each device utilized in the program including
the operation of analyzers, maintenance of equipment and supplies,
and performance of quality control procedures including the
determination of both accuracy and reproducibility of measurements in
accordance with instructions provided by the manufacturer of the
assessment device used.
(C) Proper procedures to be employed when drawing blood, if blood
specimens are to be obtained.
(D) Proper procedures to be employed in handling and disposing of
all biological specimens to be obtained and material contaminated by
those biological specimens.
(E) Proper procedures to be employed in response to fainting,
excessive bleeding, or other medical emergencies.
(F) Reporting of assessment results to the individual being
assessed.
(G) Referral and followup to licensed sources of care as
indicated.
The written protocols adopted by the supervisory committee shall
be maintained for at least one year following completion of the
assessment program during which period they shall be subject to
review by department personnel and the local health officer or his or
her designee, including the public health laboratory director.
(b) If skin puncture to obtain a blood specimen is to be performed
in a program of nondiagnostic general health assessment, the
individual performing the skin puncture shall be either:
(1) Authorized to perform skin puncture under this chapter.
(2) Any person who possesses a statement signed by a licensed
physician and surgeon that attests that the named person has received
adequate training in the proper procedure to be employed in skin
puncture.
(c) A program of nondiagnostic general health assessment that
fails to meet the requirements set forth in subdivisions (a) and (b)
shall not operate.
(d) For purposes of this section, "skin puncture" means the
collection of a blood specimen by the finger prick method only and
does not include venipuncture, arterial puncture, or any other
procedure for obtaining a blood specimen.
(e) Nothing in this chapter shall be interpreted as prohibiting a
licensed clinical laboratory from operating a program of
nondiagnostic general health assessment provided that the clinical
laboratory complies with the requirements of this section.
SEC. 3. Section 1271 of the Business and Professions Code is
amended to read:
1271. (a) A cytotechnologist shall not examine more than 80
gynecologic slides in a 24-hour period.
(b) The maximum workload limit in subdivision (a) is the maximum
number of gynecologic slides that a cytotechnologist shall examine in
a 24-hour period without regard to the number of clinical
laboratories or other persons for which the work is performed.
Cytotechnologists who examine both gynecologic and nongynecologic
slides shall do so on a pro rata basis so that the maximum workload
limit in subdivision (a) is not exceeded, and so that the number of
gynecologic slides examined is reduced proportionally if both
gynecologic and nongynecologic slides are examined in a 24-hour
period.
(c) The maximum workload limit in subdivision (a) is for a
cytotechnologist who has no duties other than the evaluation of
gynecological slides. Cytotechnologists who have other duties,
including, but not limited to, the preparation and staining of
cytologic slides, shall decrease on a pro rata basis the number of
slides examined.
(d) All cytologic slides shall be examined in a clinical
laboratory that has been licensed by the department, or in a
municipal or county laboratory established under Section 101150 of
the Health and Safety Code. All slides examined under the name of a
clinical laboratory shall be examined on the premises of that
laboratory.
(e) Each clinical laboratory shall maintain records of the number
of cases and slides for gynecologic and nongynecologic samples
examined on a monthly and annual basis.
(f) Each cytotechnologist shall maintain current records in a form
prescribed by the department of hours worked and the names and
addresses of the clinical laboratories or other persons for whom
slides are examined.
(g) Each clinical laboratory shall retain all cytology slides and
cell blocks examined for a minimum of five years and all cytology
reports for a minimum of 10 years.
(h) The presence of any factor that would prohibit the proper
examination of a cytologic slide, including, but not limited to,
damaged slides or inadequate specimens, as determined by the director
of the laboratory, shall result in the issuance of a statement of
inadequacy to the referring physician and no report of cytologic
findings shall be issued on that slide.
(i) Each clinical laboratory shall maintain records of the number
of cases and slides for gynecologic and nongynecologic slides each
cytotechnologist in the laboratory reads each 24-hour period, the
number of hours devoted during each 24-hour period to screening
cytology slides by each individual, and shall determine weekly and
cumulatively the frequency of abnormal slides found by each
cytotechnologist employed.
(j) Ten percent of the negative or normal slides examined by each
cytotechnologist employed by a clinical laboratory shall be
rescreened at least weekly by a cytopathologist or supervising
cytotechnologist other than the original examiner.
SEC. 4. Section 1300.1 of the Business and Professions Code is
amended to read:
1300.1. The application and renewal fees for clinical laboratory
licenses specified in Section 1300 shall be adjusted annually in the
manner specified in Section 100450 of the Health and Safety Code.
The adjustments shall be rounded off to the nearest whole dollar
amount.
SEC. 5. Section 1320 of the Business and Professions Code, as
amended by Chapter 510 of the Statutes of 1995, is amended to read:
1320. The department may deny, suspend, or revoke any license or
registration issued under this chapter for any of the following
reasons:
(a) Conduct involving moral turpitude or dishonest reporting of
tests.
(b) Violation by the applicant, licensee, or registrant of this
chapter or any rule or regulation adopted pursuant thereto.
(c) Aiding, abetting, or permitting the violation of this chapter,
the rules or regulations adopted under this chapter or the Medical
Practice Act, Chapter 5 (commencing with Section 2000) of Division 2.
(d) Permitting a licensed trainee to perform tests or procure
specimens unless under the direct and responsible supervision of a
person duly licensed under this chapter or physician and surgeon
other than another licensed trainee.
(e) Violation of any provision of this code governing the practice
of medicine and surgery.
(f) Proof that an applicant, licensee, or registrant has made
false statements in any material regard on the application for a
license, registration, or renewal issued under this chapter.
(g) Conduct inimical to the public health, morals, welfare, or
safety of the people of the State of California in the maintenance or
operation of the premises or services for which a license or
registration is issued under this chapter.
(h) Proof that the applicant or licensee has used any degree, or
certificate, as a means of qualifying for licensure that has been
purchased or procured by barter or by any unlawful means or obtained
from any institution that at the time the degree, certificate, or
title was obtained was not recognized or accredited by the department
of education of the state where the institution is or was located to
give training in the field of study in which the degree,
certificate, or title is claimed.
(i) Violation of any of the prenatal laws or regulations
pertaining thereto in Chapter 2 (commencing with Section 120675) of
Part 3 of Division 105 of the Health and Safety Code and Article 1
(commencing with Section 1125) of Group 4 of Subchapter 1 of Chapter
2 of Part 1 of Title 17 of the California Code of Regulations.
(j) Knowingly accepting an assignment for clinical laboratory
tests or specimens from and the rendering of a report thereon to
persons not authorized by law to submit those specimens or
assignments.
(k) Rendering a report on clinical laboratory work actually
performed in another clinical laboratory without designating clearly
the name and address of the laboratory in which the test was
performed.
(l) Conviction of a felony or of any misdemeanor involving moral
turpitude under the laws of any state or of the United States arising
out of or in connection with the practice of clinical laboratory
technology. The record of conviction or a certified copy thereof
shall be conclusive evidence of that conviction.
(m) Unprofessional conduct.
(n) The use of drugs or alcoholic beverages to the extent or in a
manner as to be dangerous to a person licensed under this chapter, or
any other person to the extent that that use impairs the ability of
the licensee to conduct with safety to the public the practice of
clinical laboratory technology.
(o) Misrepresentation in obtaining a license or registration.
(p) Performance of, or representation of the laboratory as
entitled to perform, a clinical laboratory test or examination or
other procedure that is not within the specialties or subspecialties,
or category of laboratory procedures authorized by the license or
registration.
(q) Refusal of a reasonable request of HCFA, a HCFA agent, the
department, or any employee, agent or contractor of the department,
for permission to inspect, pursuant to this chapter, the laboratory
and its operations and pertinent records during the hours the
laboratory is in operation.
(r) Failure to comply with reasonable requests of the department
for any information, work, or materials that the department concludes
is necessary to determine the laboratory's continued eligibility for
its license or registration, or its continued compliance with this
chapter or the regulations adopted under this chapter.
(s) Failure to comply with a sanction imposed under Section 1310.
SEC. 6. Section 2252 of the Business and Professions Code is
amended to read:
2252. The violation of Chapter 4 (commencing with Section 109250)
of Part 4 of Division 104 of the Health and Safety Code, or any
violation of an injunction or cease and desist order issued under
those provisions, relating to the treatment of cancer, constitutes
unprofessional conduct.
SEC. 7. Section 2253 of the Business and Professions Code is
amended to read:
2253. The procuring or aiding, abetting, attempting, agreeing, or
offering to procure an illegal abortion constitutes unprofessional
conduct, unless the act is done in compliance with the Therapeutic
Abortion Act (Article 2 (commencing with Section 123400) of Chapter 2
of Part 2 of Division 106 of the Health and Safety Code).
SEC. 8. Section 2254 of the Business and Professions Code is
amended to read:
2254. The violation of Section 123440 of the Health and Safety
Code, relating to research on aborted products of human conception,
constitutes unprofessional conduct.
SEC. 9. Section 2257 of the Business and Professions Code is
amended to read:
2257. The violation of Section 109275 of the Health and Safety
Code, relating to informed consent for the treatment of breast
cancer, constitutes unprofessional conduct.
SEC. 10. Section 2543 of the Business and Professions Code is
amended to read:
2543. The right to dispense, sell or furnish prescription lenses
at retail or to the person named in a prescription is limited
exclusively to licensed physicians and surgeons, licensed
optometrists, and registered dispensing opticians as provided in this
division. This section shall not be construed to affect licensing
requirements pursuant to Section 111615 of the Health and Safety
Code.
SEC. 11. Section 2812 of the Business and Professions Code is
amended to read:
2812. Within 10 days after the beginning of each month, the board
shall report to the State Controller the amount and source of all
collections made under this chapter. At the same time, all amounts
shall be paid into the State Treasury, where they shall be placed to
the credit of the Board of Registered Nursing Fund and to the
Registered Nurse Education Fund, as specified in Section 128400 of
the Health and Safety Code.
SEC. 12. Section 4009 of the Business and Professions Code is
amended to read:
4009. The board may institute any action or actions as may be
provided by law and that, in its discretion, are necessary, to
prevent the sale of pharmaceutical preparations and drugs that do not
conform to the standard and tests as to quality and strength,
provided in the latest edition of the United States Pharmacopoeia or
the National Formulary, or that violate any provision of the Sherman
Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)
of Division 104 of the Health and Safety Code).
SEC. 13. Section 4084.5 of the Business and Professions Code is
amended to read:
4084.5. No person acting as principal or agent for any
out-of-state manufacturer, wholesaler, or pharmacy who has not
obtained a certificate, license, permit, registration, or exemption
from the board, and who sells or distributes drugs in this state that
are not obtained through a wholesaler who has obtained a
certificate, license, permit, registration, or exemption, pursuant to
this chapter or that are not obtained through a selling or
distribution outlet of an out-of-state manufacturer that is licensed
as a wholesaler pursuant to this chapter, shall conduct the business
of selling or distributing these drugs within this state without
registering with the board.
Registration of persons under this section shall be made on a form
furnished by the board. The board may require any information the
board deems is reasonably necessary to carry out the purposes of this
section, including, but not limited to, the name and address of the
registrant and the name and address of the manufacturer whose drugs
he or she is selling or distributing.
The board may deny, revoke, or suspend the person's registration
for any violation of this chapter or for any violation of Part 5
(commencing with Section 109875) of Division 104 of the Health and
Safety Code. The board may deny, revoke, or suspend the person's
registration if the manufacturer, whose drugs he or she is selling or
distributing, violates any provision of this chapter or any
provision of Part 5 (commencing with Section 109875) of Division 104
of the Health and Safety Code. The registration shall be renewed
annually on or before the first day of January of each year.
SEC. 14. Section 4084.6 of the Business and Professions Code is
amended to read:
4084.6. No out-of-state manufacturer, wholesaler, or pharmacy
doing business in this state who has not obtained a certificate,
license, permit, registration, or exemption from the board and who
sells or distributes drugs in this state through any person or media
other than a wholesaler who has obtained a certificate, license,
permit, registration, or exemption pursuant to this chapter or
through a selling or distribution outlet that is licensed as a
wholesaler pursuant to this chapter, shall conduct the business of
selling or distributing drugs in this state without obtaining an
out-of-state drug distributor's license from the board or registering
as a nonresident pharmacy.
Applications for an out-of-state drug distributor's license or a
nonresident pharmacy registration, under this section shall be made
on a form furnished by the board. The board may require any
information the board deems is reasonably necessary to carry out the
purposes of the section.
The board may deny, revoke, or suspend the out-of-state
distributor's license for any violation of this chapter or for any
violation of Part 5 (commencing with Section 109875) of Division 104
of the Health and Safety Code. The license or nonresident pharmacy
registration shall be renewed annually on or before the first day of
January of each year.
The Legislature, by enacting this section, does not intend a
license or nonresident pharmacy registration issued to any
out-of-state manufacturer, wholesaler, or pharmacy pursuant to this
section to change or affect the tax liability imposed by Chapter 3
(commencing with Section 23501) of Part 11 of Division 2 of the
Revenue and Taxation Code on any out-of-state manufacturer,
wholesaler, or pharmacy.
The Legislature, by enacting this section, does not intend a
license or nonresident pharmacy registration, issued to any
out-of-state manufacturer, wholesaler, or pharmacy pursuant to this
section to serve as any evidence that the out-of-state manufacturer,
wholesaler, or pharmacy is doing business within this state.
SEC. 15. Section 4148 of the Business and Professions Code is
amended to read:
4148. Any hypodermic needle or syringe that is to be disposed of,
shall be contained, treated, and disposed of, pursuant to Part 14
(commencing with Section 117600) of Division 104 of the Health and
Safety Code.
SEC. 16. Section 4160 of the Business and Professions Code, as
amended by Chapter 938 of the Statute of 1995, is amended to read:
4160. (a) The California Hazardous Substances Act, Chapter 4
(commencing with Section 108100) of Part 3 of Division 104 of the
Health and Safety Code, applies to pharmacies and pharmacists and any
other person or place subject to the jurisdiction of the board.
(b) The board may enforce that act when necessary for the
protection of the health and safety of the public if prior regulatory
notice is given in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Board enforcement shall focus on those hazardous substances that
relate significantly to or overlap the practice of pharmacy.
(c) "Poison," as used elsewhere in this chapter, shall reference a
category of hazardous substances defined in Section 108125 of the
Health and Safety Code that the board may by regulation make more
specific.
SEC. 17. Section 4211.5 of the Business and Professions Code is
amended to read:
4211.5. (a) As used in this section, "DMSO" means dimethyl
sulfoxide.
(b) A licensed physician and surgeon shall, prior to treating a
patient with a DMSO preparation, inform the patient in writing if
DMSO has not been approved as a treatment or cure by the Food and
Drug Administration for the disorder for which it is being
prescribed.
(c) If DMSO is prescribed for any purpose other than for those
purposes approved pursuant to Section 111550 of the Health and Safety
Code, informed consent shall first be obtained from the patient.
As used in this subdivision, "informed consent" means the
authorization given by the patient for treatment with DMSO after each
of the following conditions have been satisfied:
(1) The patient is informed verbally in nontechnical terms about
all of the following:
(A) A description of treatment procedures to be used in
administering the DMSO.
(B) A description of any attendant discomfort and risks to the
patient that can be reasonably expected from treatment with DMSO.
(C) An explanation of any benefits to the patient that can be
reasonably expected.
(D) An explanation of any appropriate alternative procedures,
drugs, or devices that might be advantageous to the patient, and
their relative risks and benefits.
(E) An offer to answer any inquiries concerning the treatment or
the procedures involved.
(2) The patient signs and dates a written consent form
acknowledging that disclosure has been given pursuant to paragraph
(1), and acknowledging consent to treatment with DMSO pursuant to
this section.
The patient shall be provided with a copy of the signed and dated
consent form.
(d) An organized health care system may require that the
administration of DMSO within the organized health care system be
performed pursuant to standardized procedures developed by the
organized health care system through collaboration among
administrators and health professionals.
(e) The following notification shall be affixed to all quantities
of DMSO prescribed by a licensed physician and surgeon, or dispensed
by a pharmacy pursuant to the order of a licensed physician and
surgeon in California: "Warning: DMSO may be hazardous to your
health. Follow the directions of the physician who prescribed the
DMSO for you."
(f) The label of any retail package of DMSO 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.
SEC. 18. Section 4228 of the Business and Professions Code is
amended to read:
4228. (a) Except as provided in subdivisions (b) and (c), no
person shall dispense any dangerous drug upon prescription except in
a container correctly labeled with the information required by
Sections 4047.5 and 4048.
(b) Physicians, dentists, podiatrists, and veterinarians may
personally furnish any dangerous drug prescribed by them to the
patient for whom prescribed, provided that the drug is properly
labeled to show all information required in Sections 4047.5 and 4048
except the prescription number.
(c) Devices which bear the legend "Caution: federal law restricts
this device to sale by or on the order of a ____," or words of
similar meaning, are exempt from the requirements of Sections 4047.5
and 4048, and Section 111480 of the Health and Safety Code, when
provided to patients in skilled nursing facilities or intermediate
care facilities licensed pursuant to Chapter 2 (commencing with
Section 1250) of Division 2 of the Health and Safety Code.
SEC. 19. Section 4240 of the Business and Professions Code is
amended to read:
4240. The board, in accordance with the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), may adopt regulations
consistent with this chapter and Section 111485 of the Health and
Safety Code or regulations adopted thereunder, limiting or
restricting the furnishing of a particular drug upon a finding that
the otherwise unrestricted retail sale of the drug pursuant to
Section 4052 is
dangerous to the public health or safety. Any knowing or willful
violation of the regulations shall be subject to punishment in the
same manner as is provided in Sections 4234 and 4382.
SEC. 20. Section 7649 of the Business and Professions Code is
amended to read:
7649. Except as provided in Section 103050 of the Health and
Safety Code, whenever the name of any licensed embalmer is subscribed
to any certificate, indicating that he or she has performed any act
mentioned in the certificate, the licensed embalmer shall actually
sign his or her name thereto.
SEC. 21. Section 9744 of the Business and Professions Code is
amended to read:
9744. Each cremated remains disposer shall provide the person
authorizing the scattering of the cremated human remains with a copy
of the completed permit for disposition of human remains pursuant to
Chapter 8 (commencing with Section 103050) of Part 1 of Division 102
of the Health and Safety Code within 60 days of the date scattering
was authorized.
SEC. 22. Section 12240 of the Business and Professions Code is
amended to read:
12240. (a) Except as otherwise provided in this section, the
board of supervisors may, by ordinance, charge an annual device
registration fee, not to exceed the county's total cost of actually
inspecting or testing the devices as required by law, to recover the
costs of inspecting or testing weighing and measuring devices
required of the county sealer pursuant to Section 12210, and to
recover the cost of carrying out Section 12211.
(b) Except as otherwise provided in this section, the device
registration fee shall not exceed the amount prescribed in the Table
of Maximum Annual Charges set forth in subdivision (f).
(c) The county may collect the fees biennially, in that case they
shall not exceed twice the amount of an annual fee. The ordinance
shall be adopted pursuant to Article 7 (commencing with Section
25120) of Chapter 1 of Part 2 of Division 2 of Title 2 of the
Government Code.
(d) Retail gasoline pump meters, for which the above fees are
assessed, shall be inspected as frequently as required by regulation,
but not less than once every two years.
(e) Livestock scales, animal scales and scales used primarily for
weighing feed and seed, for which the above fees are assessed, shall
be inspected as frequently as required by regulation.
(f) Table of Maximum Annual Charges:
Number of Charge Per
Devices Location
1 to 3 ................. $ 40
4 to 9 ................. $ 80
10 to 19 ................. $120
20 to 25 ................. $160
Over 25 ................. $200
(g) For mobilehome parks, recreational vehicle parks, and
apartment complexes, where the owner of the park or complex owns and
is responsible for the utility meters, the annual fee shall not
exceed sixty dollars ($60) per park or complex, and a fee of up to
two dollars ($2) per device per space or apartment. Mobilehome
parks, recreational vehicle parks, and apartment complexes for which
the above fees are assessed, shall be inspected and tested as
frequently as required by regulation.
(h) For weighing devices, other than livestock and motor truck
scales, with capacities of 20,000 pounds or greater, the registration
fee shall be two hundred dollars ($200) per device.
(i) For motor truck scales, the registration fee shall be one
hundred dollars ($100) per device.
(j) This section does not apply to farm milk tanks.
(k) A scale or device used in a certified farmers' market, as
defined by Section 113745 of the Health and Safety Code, is not
required to be registered in the county where the market is
conducted, if the scale or device has an unexpired seal for the
current year, issued by a licensed California county sealer.
(l) For livestock scales with capacities of 20,000 pounds or more,
the registration fee shall be one hundred dollars ($100) per device,
except that the fee for not more than three devices at a single
location shall be one hundred dollars ($100).
SEC. 23. Section 17577.2 of the Business and Professions Code is
amended to read:
17577.2. It is unlawful for any person to do any of the following
in connection with the sale, lease, rental, offer to sell, lease,
rent, or other disposition of water treatment devices:
(a) Make any untrue or misleading oral or written statements
regarding the presence of one or more contaminants in water, or the
performance of water treatment devices, including, but not limited
to, the following oral or written statements:
(1) (A) Any contaminant exists in the water of any person to whom
the statement is directed unless the statement is true, is reasonably
based on factual data, and at least a written summary of the factual
data, that has been prepared or approved by the source of the
factual data, is disclosed to the person to whom the statement is
directed before that person executes any contract for the purchase,
lease, or rental of a water treatment device.
(B) Any contaminant may exist in the water of any person to whom
the statement is directed unless the statement is true and is
reasonably based on factual data.
(2) A relationship between water quality and acute or chronic
illness exists as a scientific certainty unless that statement is
true.
(3) The public water system, utility, or treatment plant that
supplies water to the person to whom the statement is directed does
not test, treat, or remove particular substances from water treated
by it unless the statement is true.
(4) A water treatment device removes particular contaminants or
other substances from water unless the statement is true, is
reasonably based on factual data in existence at the time the
statement is made, and the requirements of subparagraphs (A) through
(C) are satisfied.
(A) If the particular contaminants or other substances mentioned
in the statement described in paragraph (4) are not necessarily in
the water of the person to whom the statement is made, the following
disclosure or its equivalent must be clearly and conspicuously made:
"The contaminants or other substances removed or reduced by this
water treatment device are not necessarily in your water."
(B) If the statement described in paragraph (4) is oral, the
disclosure described in subparagraph (A) shall be made orally and
shall immediately follow the statement. If the statement is in
writing, the disclosure shall be in writing and shall be placed
immediately next to the written statement.
(C) Notwithstanding subparagraph (A), no statement about the
ability of a water treatment device to remove particular contaminants
or other substances shall be used to imply falsely that any of those
contaminants or other substances are present in the water of the
person to whom the statement is made.
(5) Use news events, reports, or descriptions of water quality
problems or health hazards associated with water systems or suppliers
different from the systems or suppliers of the intended consumer
unless, at the same time, the seller sets forth conspicuously and
prominently a statement, if true, that the seller has no information
that the intended consumer's water supply has the water quality
problems or health hazards referred to in the news events, reports,
or descriptions.
(6) A water treatment device would provide a health benefit or
diminish a health risk unless it would do so.
(7) A water treatment device will solve or contribute to the
solution of any problem unless the statement is true.
(b) Perform precipitation tests of the individual consumer's
drinking water without also clearly informing the consumer of the
results, scope, and limits of the test. Precipitation tests may only
be used to demonstrate the hardness or other nonhealth-related
characteristics of the water being tested.
(c) Notwithstanding subdivision (a), make product performance
claims or product benefit claims that the device affects health or
the safety of drinking water, unless the device has been certified by
the State Department of Health Services pursuant to Article 3
(commencing with Section 116825) of Chapter 5 of Part 12 of Division
104 of the Health and Safety Code. This subdivision does not apply
to the making of truthful and nonmisleading claims regarding the
removal or reduction of contaminants for which certification is not
available pursuant to Article 3 (commencing with Section 116825) of
Chapter 5 of Part 12 of Division 104 of the Health and Safety Code.
This subdivision shall become operative one year after the
effective date of the regulations adopted pursuant to Section 116830
of the Health and Safety Code.
(d) Use pictures, exhibits, graphs, charts, other graphic
portrayals, endorsements, or testimonials in any untrue or misleading
manner.
(e) Fail to disclose clearly and conspicuously, in writing, to the
purchaser, lessee, or renter, prior to the time of purchase, lease,
or rent, the importance of maintaining the water treatment device
according to the manufacturer's instructions, including, if
applicable, replacement of screens and filters. In addition, a
separate printed gummed label, tag, or other convenient form of
reminder of the importance of proper maintenance shall be provided to
the purchaser, lessee, or renter.
SEC. 24. Section 22955 of the Business and Professions Code is
amended to read:
22955. Agents of the state department, while conducting
enforcement activities pursuant to this division, are peace officers
and are subject to all of the powers and immunities granted to Food
and Drug Section inspectors pursuant to Section 106500 of the Health
and Safety Code in the same manner as are any Food and Drug Section
inspectors of the state department.
SEC. 25. Section 56.17 of the Civil Code, as amended by Chapter
695 of the Statutes of 1995, is amended to read:
56.17. (a) This section shall apply to the disclosure of genetic
test results contained in an applicant or enrollee's medical records
by a health care service plan.
(b) Any person who negligently discloses results of a test for a
genetic characteristic 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), 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.
(c) Any person who willfully discloses the results of a test for a
genetic characteristic 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), shall be assessed a
civil penalty in an amount not less than one thousand dollars
($1,000) and no 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.
(d) Any person who willfully or negligently discloses the results
of a test for a genetic characteristic 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), that results in
economic, bodily, or emotional harm to the subject of the test, is
guilty of a misdemeanor punishable by a fine not to exceed ten
thousand dollars ($10,000).
(e) In addition to the penalties listed in subdivisions (b) and
(c), any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages or economic, bodily, or emotional harm which is proximately
caused by the act.
(f) Each disclosure made in violation of this section is a
separate and actionable offense.
(g) The applicant's "written authorization," as used in this
section, shall satisfy the following requirements:
(1) Is written in plain language.
(2) Is dated and signed by the individual or a person authorized
to act on behalf of the individual.
(3) Specifies the types of persons authorized to disclose
information about the individual.
(4) Specifies the nature of the information authorized to be
disclosed.
(5) States the name or functions of the persons or entities
authorized to receive the information.
(6) Specifies the purposes for which the information is collected.
(7) Specifies the length of time the authorization shall remain
valid.
(8) Advises the person signing the authorization of the right to
receive a copy of the authorization. Written authorization is
required for each separate disclosure of the test results.
(h) This section shall not apply to disclosures required by the
Department of Health Services necessary to monitor compliance with
the Hereditary Disorders Act (subdivision (b) of Section 27 of the
Health and Safety Code), and Sections 125000 and 125070 of the Health
and Safety Code, nor to disclosures required by the Department of
Corporations necessary to administer and enforce compliance with
Section 1374.7 of the Health and Safety Code.
SEC. 26. Section 56.30 of the Civil Code is amended to read:
56.30. The disclosure and use of the following medical
information shall not be subject to the limitations of this part:
(a) (Mental health and developmental disabilities) Information and
records obtained in the course of providing services under Division
4 (commencing with Section 4001), Division 4.1 (commencing with
Section 4400), Division 4.5 (commencing with Section 4500), Division
5 (commencing with Section 5000), Division 6 (commencing with Section
6000), or Division 7 (commencing with Section 7100) of the Welfare
and Institutions Code.
(b) (Public social services) Information and records that are
subject to Sections 10850, 14124.1, and 14124.2 of the Welfare and
Institutions Code.
(c) (State health services, communicable diseases, developmental
disabilities) Information and records maintained pursuant to former
Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of
the Health and Safety Code and pursuant to the Communicable Disease
Prevention and Control Act (subdivision (a) of Section 27 of the
Health and Safety Code).
(d) (Licensing and statistics) Information and records maintained
pursuant to Division 2 (commencing with Section 1200) and Part 1
(commencing with Section 102100) of the Health and Safety Code;
pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of
the Business and Professions Code; and pursuant to Section 8608,
8706, 8817, or 8909 of the Family Code.
(e) (Medical survey, workers' safety) Information and records
acquired and maintained or disclosed pursuant to Sections 1380 and
1382 of the Health and Safety Code and pursuant to Division 5
(commencing with Section 6300) of the Labor Code.
(f) (Industrial accidents) Information and records acquired,
maintained, or disclosed pursuant to Division 1 (commencing with
Section 50), Division 4 (commencing with Section 3201), Division 4.5
(commencing with Section 6100), and Division 4.7 (commencing with
Section 6200) of the Labor Code.
(g) (Law enforcement) Information and records maintained by a
health facility which are sought by a law enforcement agency under
Chapter 3.5 (commencing with Section 1543) of Title 12 of Part 2 of
the Penal Code.
(h) (Investigations of employment accident or illness) Information
and records sought as part of an investigation of an on-the-job
accident or illness pursuant to Division 5 (commencing with Section
6300) of the Labor Code or pursuant to Section 105200 of the Health
and Safety Code.
(i) (Alcohol or drug abuse) Information and records subject to the
federal alcohol and drug abuse regulations (Part 2 (commencing with
Section 2.1) of subchapter A of Chapter 1 of Title 42 of the Code of
Federal Regulations) or to Section 11977 of the Health and Safety
Code dealing with narcotic and drug abuse.
(j) (Patient discharge data) Nothing in this part shall be
construed to limit, expand, or otherwise affect the authority of the
California Health Facilities Commission to collect patient discharge
information from health facilities pursuant to Section 441.18 of the
Health and Safety Code.
(k) Medical information and records disclosed to, and their use
by, the Insurance Commissioner, the Commissioner of Corporations, the
Division of Industrial Accidents, the Workers' Compensation Appeals
Board, the Department of Insurance, or the Department of
Corporations.
SEC. 27. Section 1714.25 of the Civil Code is amended to read:
1714.25. (a) Except for injury resulting from negligence or a
willful act in the preparation or handling of donated food, no food
facility that donates any food that is fit for human consumption at
the time it was donated to a nonprofit charitable organization or a
food bank shall be liable for any damage or injury resulting from the
consumption of the donated food.
The immunity from civil liability provided by this subdivision
applies regardless of compliance with any laws, regulations, or
ordinances regulating the packaging or labeling of food, and
regardless of compliance with any laws, regulations, or ordinances
regulating the storage or handling of the food by the donee after the
donation of the food.
(b) A nonprofit charitable organization or a food bank that, in
good faith, receives and distributes food without charge that is fit
for human consumption at the time it was distributed is not liable
for an injury or death due to the food unless the injury or death is
a direct result of the negligence, recklessness, or intentional
misconduct of the organization.
(c) For the purposes of this section:
(1) "Nonprofit charitable organization" has the meaning defined in
Section 114440 of the Health and Safety Code.
(2) "Food bank" has the meaning defined in Section 114445 of the
Health and Safety Code.
SEC. 28. Section 1940 of the Civil Code is amended to read:
1940. (a) Except as provided in subdivision (b), this chapter
shall apply to all persons who hire dwelling units located within
this state including tenants, lessees, boarders, lodgers, and others,
however denominated.
(b) The term "persons who hire" shall not include a person who
maintains either of the following:
(1) Transient occupancy in a hotel, motel, residence club, or
other facility when the transient occupancy is or would be subject to
tax under Section 7280 of the Revenue and Taxation Code. The term
"persons who hire" shall not include a person to whom this paragraph
pertains if the person has not made valid payment for all room and
other related charges owing as of the last day on which his or her
occupancy is or would be subject to tax under Section 7280 of the
Revenue and Taxation Code.
(2) Occupancy at a hotel or motel where the innkeeper retains a
right of access to and control of the dwelling unit and the hotel or
motel provides or offers all of the following services to all of the
residents:
(A) Facilities for the safeguarding of personal property pursuant
to Section 1860.
(B) Central telephone service subject to tariffs covering the same
filed with the California Public Utilities Commission.
(C) Maid, mail, and room services.
(D) Occupancy for periods of less than seven days.
(E) Food service provided by a food establishment, as defined in
Section 113780 of the Health and Safety Code, located on or adjacent
to the premises of the hotel or motel and owned or operated by the
innkeeper or owned or operated by a person or entity pursuant to a
lease or similar relationship with the innkeeper or person or entity
affiliated with the innkeeper.
(c) "Dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain a
common household.
(d) Nothing in this section shall be construed to limit the
application of any provision of this chapter to tenancy in a dwelling
unit unless the provision is so limited by its specific terms.
SEC. 29. Section 564 of the Code of Civil Procedure, as amended by
Chapter 384 of the Statutes of 1995, is amended to read:
564. (a) A receiver may be appointed, in the manner provided in
this chapter, by the court in which an action or proceeding is
pending in any case in which the court is empowered by law to appoint
a receiver.
(b) In superior court a receiver may be appointed by the court in
which an action or proceeding is pending, or by a judge thereof, in
the following cases:
(1) In an action by a vendor to vacate a fraudulent purchase of
property, or by a creditor to subject any property or fund to the
creditor's claim, or between partners or others jointly owning or
interested in any property or fund, on the application of the
plaintiff, or of any party whose right to or interest in the property
or fund, or the proceeds thereof, is probable, and where it is shown
that the property or fund is in danger of being lost, removed, or
materially injured.
(2) In an action by a secured lender for the foreclosure of the
deed of trust or mortgage and sale of the property upon which there
is a lien under a deed of trust or mortgage, where it appears that
the property is in danger of being lost, removed, or materially
injured, or that the condition of the deed of trust or mortgage has
not been performed, and that the property is probably insufficient to
discharge the deed of trust or mortgage debt.
(3) After judgment, to carry the judgment into effect.
(4) After judgment, to dispose of the property according to the
judgment, or to preserve it during the pendency of an appeal, or
pursuant to Title 9 (commencing with Section 680.010) (enforcement of
judgments), or after sale of real property pursuant to a decree of
foreclosure, during the redemption period, to collect, expend, and
disburse rents as directed by the court or otherwise provided by law.
(5) In the cases when a corporation has been dissolved, or is
insolvent, or in imminent danger of insolvency, or has forfeited its
corporate rights.
(6) In an action of unlawful detainer.
(7) At the request of the Public Utilities Commission pursuant to
Section 855 of the Public Utilities Code.
(8) In all other cases where receivers have heretofore been
appointed by the usages of courts of equity.
(9) At the request of the Office of Statewide Health Planning and
Development, or the Attorney General, pursuant to Section 129173 of
the Health and Safety Code.
(10) In an action by a secured lender for specific performance of
an assignment of rents provision in a deed of trust, mortgage, or
separate assignment document. In addition, that appointment may be
continued after entry of a judgment for specific performance in that
action, if appropriate to protect, operate, or maintain real property
encumbered by the deed of trust or mortgage or to collect the rents
therefrom while a pending nonjudicial foreclosure under power of sale
in the deed of trust or mortgage is being completed.
(c) A receiver may be appointed, in the manner provided in this
chapter, including, but not limited to, Section 566, by the superior
court in an action brought by a secured lender to enforce the rights
provided in Section 2929.5 of the Civil Code, to enable the secured
lender to enter and inspect the real property security for the
purpose of determining the existence, location, nature, and magnitude
of any past or present release or threatened release of any
hazardous substance into, onto, beneath, or from the real property
security. The secured lender shall not abuse the right of entry and
inspection or use it to harass the borrower or tenant of the
property. Except in case of an emergency, when the borrower or
tenant of the property has abandoned the premises, or if it is
impracticable to do so, the secured lender shall give the borrower or
tenant of the property reasonable notice of the secured lender's
intent to enter and shall enter only during the borrower's or tenant'
s normal business hours. Twenty-four hours' notice shall be presumed
to be reasonable notice in the absence of evidence to the contrary.
(d) Any action by a secured lender to appoint a receiver pursuant
to this section shall not constitute an action within the meaning of
subdivision (a) of Section 726.
(e) For purposes of this section:
(1) "Borrower" means the trustor under a deed of trust, or a
mortgagor under a mortgage, where the deed of trust or mortgage
encumbers real property security and secures the performance of the
trustor or mortgagor under a loan, extension of credit, guaranty, or
other obligation. The term includes any successor-in-interest of the
trustor or mortgagor to the real property security before the deed
of trust or mortgage has been discharged, reconveyed, or foreclosed
upon.
(2) "Hazardous substance" means (A) any "hazardous substance" as
defined in subdivision (f) of Section 25281 of the Health and Safety
Code as effective on January 1, 1991, or as subsequently amended, (B)
any "waste" as defined in subdivision (d) of Section 13050 of the
Water Code as effective on January 1, 1991, or as subsequently
amended, or (C) petroleum, including crude oil or any fraction
thereof, natural gas, natural gas liquids, liquefied natural gas, or
synthetic gas usable for fuel, or any mixture thereof.
(3) "Real property security" means any real property and
improvements, other than a separate interest and any related interest
in the common area of a residential common interest development, as
the terms "separate interest," "common area," and "common interest
development" are defined in Section 1351 of the Civil Code, or real
property consisting of one acre or less which contains 1 to 15
dwelling units.
(4) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, including continuing
migration, of hazardous substances into, onto, or through soil,
surface water, or groundwater.
(5) "Secured lender" means the beneficiary under a deed of trust
against the real property security, or the mortgagee under a mortgage
against the real property security, and any successor-in-interest of
the beneficiary or mortgagee to the deed of trust or mortgage.
SEC. 30. Section 8208 of the Education Code, as
amended by Chapter 204 of the Statutes of 1996, is amended to read:
8208. As used in this chapter:
(a) "Assigned reimbursement rate" is that rate established by the
contract with the agency and is derived by dividing the total dollar
amount of the contract by the minimum child day of average daily
enrollment level of service required.
(b) "Alternative payments" includes payments that are made by one
child care agency to another agency or child care provider for the
provision of child care and development services, and payments that
are made by an agency to a parent for the parent's purchase of child
care and development services.
(c) "Applicant or contracting agency" means a school district,
community college district, college or university, county
superintendent of schools, county, city, public agency, private
non-tax-exempt agency, private tax-exempt agency, or other entity
that is authorized to establish, maintain, or operate services
pursuant to this chapter. Private agencies and parent cooperatives,
duly licensed by law, shall receive the same consideration as any
other authorized entity with no loss of parental decisionmaking
prerogatives as consistent with this chapter.
(d) "Attendance" means the number of children present at a child
care and development facility. "Attendance," for the purposes of
reimbursement, includes excused absences by children because of
illness, quarantine, illness or quarantine of their parent, family
emergency, or to spend time with a parent or other relative as
required by a court of law or that is clearly in the best interest of
the child.
(e) "Capital outlay" means the amount paid for the renovation and
repair of child care and development facilities to comply with state
and local health and safety standards, and the amount paid for the
state purchase of relocatable child care and development facilities
for lease to qualifying contracting agencies.
(f) "Caregiver" means a person who provides direct care,
supervision, and guidance to children in a child care and development
facility.
(g) "Child care and development facility" means any residence or
building or part thereof in which child care and development services
are provided.
(h) "Child care and development programs" means those programs
that offer a full range of services for children from infancy to 14
years of age, for any part of a day, by a public or private agency,
in centers and family child care homes. These programs include, but
are not limited to, all of the following:
(1) Campus child care and development.
(2) General child care and development.
(3) Intergenerational child care and development.
(4) Migrant child care and development.
(5) Schoolage parenting and infant development.
(6) State preschool.
(7) Resource and referral.
(8) Severely handicapped.
(9) Family day care.
(10) Alternative payment.
(11) Child abuse protection and prevention services.
(12) Schoolage community child care.
(i) "Short-term respite child care" means child care service to
assist families whose children have been identified through written
referral from a legal, medical, or social service agency, or
emergency shelter as being neglected, abused, exploited, or homeless,
or at risk of being neglected, abused, exploited, or homeless.
Child care is provided for less than 24 hours per day in child care
centers, treatment centers for abusive parents, family child care
homes, or in the child's own home.
(j) "Child care and development services" means those services
designed to meet a wide variety of needs of children and their
families, while their parents or guardians are working, in training,
seeking employment, incapacitated, or in need of respite. These
services include direct care and supervision, instructional
activities, resource and referral programs, and alternative payment
arrangements.
(k) "Children at risk of abuse, neglect, or exploitation" means
children who are so identified in a written referral from a legal,
medical, or social service agency, or emergency shelter.
(l) "Children with exceptional needs" means children who have
been determined to be eligible for special education and related
services by an individualized education program team according to the
special education requirements contained in Part 30 (commencing with
Section 56000), and meeting eligibility criteria described in
Section 56026 and Sections 56333 to 56338, inclusive, and Sections
3030 and 3031 of Title 5 of the California Code of Regulations.
These children have an active individualized education program, and
are receiving appropriate special education and services, unless they
are under three years of age and permissive special education
programs are available. These children may be mentally retarded,
hard of hearing, deaf, speech impaired, visually handicapped,
seriously emotionally disturbed, orthopedically impaired, other
health impaired, deaf-blind, multihandicapped, or children with
specific learning disabilities, who require the special attention of
adults in a child care setting.
(m) "Children with special needs" includes infants and toddlers
under the age of three years; limited-English-speaking-proficient
children; children with exceptional needs; limited-English-proficient
handicapped children; and children at risk of neglect, abuse, or
exploitation.
(n) "Closedown costs" means reimbursements for all approved
activities associated with the closing of operations at the end of
each growing season for migrant child development programs only.
(o) "Cost" includes, but is not limited to, expenditures that are
related to the operation of child development programs. "Cost" may
include a reasonable amount for state and local contributions to
employee benefits, including approved retirement programs, agency
administration, and any other reasonable program operational costs.
"Reasonable and necessary costs" are costs that, in nature and
amount, do not exceed what an ordinary prudent person would incur in
the conduct of a competitive business.
(p) "Elementary school," as contained in Section 425 of Title 20
of the United States Code (the National Defense Education Act of
1958, Public Law 85-864, as amended), includes early childhood
education programs and all child development programs, for the
purpose of the cancellation provisions of loans to students in
institutions of higher learning.
(q) "Severely handicapped children" are children who require
instruction and training in programs serving pupils with the
following profound disabilities: autism, blindness, deafness, severe
orthopedic impairments, serious emotional disturbance, or severe
mental retardation. These children, ages birth to 21 years,
inclusive, may be assessed by public school special education staff,
regional center staff, or another appropriately licensed clinical
professional.
(r) "Health services" includes, but is not limited to, all of the
following:
(1) Referral, whenever possible, to appropriate health care
providers able to provide continuity of medical care.
(2) Health screening and health treatment, including a full range
of immunization recorded on the appropriate state immunization form
to the extent provided by the Medi-Cal Act (Chapter 7 (commencing
with Section 14000) of Part 3 of Division 9 of the Welfare and
Institutions Code) and the Child Health and Disability Prevention
Program (Article 6 (commencing with Section 124025) of Chapter 3 of
Part 2 of Division 106 of the Health and Safety Code), but only to
the extent that ongoing care cannot be obtained utilizing community
resources.
(3) Health education and training for children, parents, staff,
and providers.
(4) Followup treatment through referral to appropriate health care
agencies or individual health care professionals.
(s) "Higher educational institutions" means the Regents of the
University of California, the Trustees of the California State
University, the Board of Governors of the California Community
Colleges, and the governing bodies of any accredited private
nonprofit institution of postsecondary education.
(t) "Intergenerational staff" means persons of various
generations.
(u) "Limited-English-speaking-proficient and
non-English-speaking-proficient children" means children who are
unable to benefit fully from an English-only child care and
development program as a result of either of the following:
(1) Having used a language other than English when they first
began to speak.
(2) Having a language other than English predominantly or
exclusively spoken at home.
(v) "Parent" means any person living with a child who has
responsibility for the care and welfare of the child.
(w) "Program director" means a person who, pursuant to Sections
8244 and 8360.1, is qualified to serve as a program director.
(x) A "proprietary child care agency" means an organization or
facility providing child care, which is operated for profit.
(y) "Resource and referral programs" means programs that provide
information to parents, including referrals and coordination of
community resources for parents and public or private providers of
care. Services frequently include, but are not limited to:
technical assistance for providers, toy-lending libraries,
equipment-lending libraries, toy- and equipment-lending libraries,
staff development programs, health and nutrition education, and
referrals to social services.
(z) "Site supervisor" means a person who, regardless of his or her
title, has operational program responsibility for a child care and
development program at a single site. A site supervisor shall hold a
regular children's center instructional permit, and shall have
completed not less than six units of administration and supervision
of early childhood education or child development, or both. The
Superintendent of Public Instruction may waive the requirements of
this subdivision if the superintendent determines that the existence
of compelling need is appropriately documented.
In respect to state preschool programs, a site supervisor may
qualify under any of the provisions in this subdivision, or may
qualify by holding an administrative credential or an administrative
services credential. A person who meets the qualifications of a site
supervisor under both Section 8244 and subdivision (e) of Section
8360.1 is also qualified under this subdivision.
(aa) "Standard reimbursement rate" means that rate established by
the Superintendent of Public Instruction pursuant to Section 8265.
(bb) "Startup costs" means those expenses an agency incurs in the
process of opening a new or additional facility prior to the full
enrollment of children.
(cc) "State preschool services" means part-day educational
programs for low-income or otherwise disadvantaged
prekindergarten-age children.
(dd) "Support services" means those services that, when combined
with child care and development services, help promote the healthy
physical, mental, social, and emotional growth of children. Support
services include, but are not limited to: protective services,
parent training, provider and staff training, transportation, parent
and child counseling, child development resource and referral
services, and child placement counseling.
(ee) "Teacher" means a person with the appropriate certificate who
provides program supervision and instruction which includes
supervision of a number of aides, volunteers, and groups of children.
(ff) "Workday" means the time that the parent requires temporary
care for a child for any of the following reasons:
(1) To undertake training in preparation for a job.
(2) To undertake or retain a job.
(3) To undertake other activities that are essential to
maintaining or improving the social and economic function of the
family, are beneficial to the community, or are required because of
health problems in the family.
SEC. 31. Section 32064 of the Education Code is amended to read:
32064. (a) For the 1987-88 academic year and for each academic
year thereafter, no art or craft material that is deemed by the State
Department of Health Services to contain a toxic substance, as
defined by the California Hazardous Substance Act, Chapter 4
(commencing with Section 108100) of Part 3 of Division 104 of the
Health and Safety Code, or a toxic substance causing chronic illness,
as defined in this article, shall be ordered or purchased by any
school, school district, or governing authority of a private school
in California for use by students in kindergarten and grades 1 to 6,
inclusive.
(b) Commencing June 1, 1987, any substance that is defined in
subdivision (a) as a toxic substance causing chronic illness shall
not be purchased or ordered by a school, school district, or
governing authority of a private school for use by students in grades
7 to 12, inclusive, unless it meets the labeling standards specified
in Section 32065.
(c) If the State Department of Health Services finds that, because
the chronically toxic, carcinogenic, or radioactive substances
contained in an art or craft product cannot be ingested, inhaled, or
otherwise absorbed into the body during any reasonably foreseeable
use of the product in a way that could pose a potential health risk,
the department may exempt the product from these requirements to the
extent it determines to be consistent with adequate protection of the
public health and safety.
(d) 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 State Department of Health Services
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.
SEC. 32. Section 32065 of the Education Code is amended to read:
32065. Warning labels for substances specified in Section 32064
shall meet all of the following standards:
(a) The warning label shall be affixed in a conspicuous place and
shall contain the signal word "WARNING," to alert users of potential
adverse health effects.
(b) The warning label shall contain information on 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 a 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) The warning label shall contain a list of ingredients that are
toxic substances causing chronic illness.
(d) The warning label shall contain 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 dust, 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/mix with (specify material).
(e) The warning label shall contain a statement on where to obtain
more information, such as, "Call your local poison control center
for more health information."
(f) The warning label, or any other label on the substance, shall
contain the name and address of the manufacturer or repackager.
(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.
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.
An art or craft material shall be considered to be in compliance
with this section if Article 6 (commencing with Section 108500) of
Chapter 4 of Part 3 of Division 104 of the Health and Safety Code
requires labeling of the art or craft material, and if the material
is in compliance with that article.
The manufacturer of any art or craft material sold, distributed,
offered for sale, or exposed for sale in this state shall supply upon
request to the State Department of Health Services any information
required by the department in order to perform its duties under this
article.
SEC. 33. Section 32241 of the Education Code is amended to read:
32241. (a) The State Department of Health Services shall conduct
a sample survey of schools in this state for the purpose of
developing risk factors to predict lead contamination in public
schools. The survey shall include schools that are representative of
the state by geographical region and size of enrollment. The
schools to be surveyed shall be selected on the basis of their
ability to provide data necessary to make scientifically valid
estimates of the nature and extent of lead hazards. Risk factors
shall include, but are not limited to, location in relation to
high-risk areas, age of the facility, likely use of lead paint in or
around the facility, numbers of children enrolled under the age of
six, and results of lead screening programs established pursuant to
Chapter 5 (commencing with Section 105275) of Part 5 of Division 103
of the Health and Safety Code.
(b) For purposes of this article, "schools" mean public elementary
schools, public preschools, and public day care facilities.
(c) For purposes of this article, "public preschools" and "public
day care facilities" mean preschools and day care facilities,
respectively, located on public school property.
SEC. 34. Section 32243 of the Education Code is amended to read:
32243. (a) When a school subject to this article has been
determined to have significant risk factors for lead, the school
shall be advised of this finding, and the school shall notify parents
of the provisions of the Childhood Lead Poisoning Prevention Act of
1991 (pursuant to Chapter 5 (commencing with Section 105275) of
Part 5 of Division 103 of the Health and Safety Code). Within 45
days of receiving this finding, the school principal or the director
of the schoolsite shall notify the teachers, other personnel, and the
parents of the finding.
(b) Subsequent to the implementation by the state of a
certification and training program for environmental lead testing and
abatement, any school that undertakes any action to abate existing
risk factors for lead shall utilize trained and state certified
contractors, inspectors, and workers.
SEC. 35. Section 33319 of the Education Code is amended to read:
33319. The State Department of Education shall encourage and
assist school districts to improve and monitor the health of their
pupils. The department shall provide guidance and assist school
districts to secure the voluntary assistance of local health
professionals, schools of medicine, schools of public health, schools
of nursing, voluntary health agencies, and other appropriate
entities in order to provide pupil health screening and appropriate
medical referrals as well as to provide valuable health information
to pupils and their parents. The department shall encourage school
districts to contact and cooperate with the State Maternal, Child,
and Adolescent Health Board, with local maternal, child, and
adolescent health boards, and child health and disability prevention
programs established pursuant to Article 6 (commencing with Section
124025) of Chapter 3 of Part 2 of Division 106 of the Health and
Safety Code.
As part of this assistance, the State Department of Education
shall provide information and guidance to schools that request the
information and guidance, to establish "Health Days" in order to
provide screenings for common health problems among pupils as well as
to provide information to pupils and parents on prevention of
illness, proper nutrition, and other aspects of good health. The
Health Days should be organized and staffed by school nurses working
in cooperation with volunteers from schools of medicine, schools of
public health, schools of nursing, voluntary health agencies, health
professionals, local maternal, child, and adolescent health boards,
and other appropriate entities. All medical screenings and services
conducted pursuant to this section shall be conducted in accordance
with Chapter 9 (commencing with Section 49400) of Part 27.
SEC. 36. Section 44978 of the Education Code is amended to read:
44978. Every certificated employee employed five days a week by a
school district shall be entitled to 10 days' leave of absence for
illness or injury and additional days in addition thereto as the
governing board may allow for illness or injury, exclusive of all
days he or she is not required to render service to the district,
with full pay for a school year of service. A certificated employee
employed for less than five schooldays a week shall be entitled, for
a school year of service, to that proportion of 10 days' leave of
absence for illness or injury as the number of days he or she is
employed per week bears to five and is entitled to additional days in
addition thereto as the governing board may allow for illness or
injury to certificated employees employed for less than five
schooldays a week. Pay for any day of this absence shall be the same
as the pay that would have been received had the employee served
during the day. Credit for leave of absence need not be accrued
prior to taking the leave by the employee and the leave of absence
may be taken at any time during the school year. If the employee
does not take the full amount of leave allowed in any school year
under this section the amount not taken shall be accumulated from
year to year with additional days as the governing board may allow.
The governing board of each school district shall adopt rules and
regulations requiring and prescribing the manner of proof of illness
or injury for the purposes of this section. The rules and
regulations shall not discriminate against evidence of treatment and
the need therefor by the practice of the religion of any
well-recognized church or denomination.
Nothing in this section shall be deemed to modify or repeal any
provision of law contained in Chapter 3 (commencing with Section
120175) of Part 1 of Division 105 of the Health and Safety Code.
Section 44977 relating to compensation, shall not apply to the
first 10 days of absence on account of illness or accident of the
employee employed five days a week or to the proportion of 10 days of
absence to which the employee employed less than five days a week is
entitled hereunder on account of illness or accident or to
additional days granted by the governing board. Any employee shall
have the right to utilize sick leave provided for in this section and
the benefit provided by Section 44977 for absences necessitated by
pregnancy, miscarriage, childbirth, and recovery therefrom.
SEC. 37. Section 46010 of the Education Code is amended to read:
46010. (a) The total days of attendance of a pupil upon the
schools and classes maintained by a school district, or schools or
classes maintained by the county superintendent of schools during the
fiscal year shall be the number of days school was actually taught
for not less than the minimum schooldays during the fiscal year less
the sum of his or her absences.
(b) The absence of a pupil from school or class shall be excused
for the purposes of Section 48260 and shall not, in any county office
of education or school district that has not had a request pursuant
to Section 2550.4 or 42238.8, respectively, to calculate its days of
attendance as provided in Section 46010.2 approved, be deemed an
absence in computing the attendance of a pupil if that absence was:
(1) Due to his or her illness.
(2) Due to quarantine under the direction of a county or city
health officer.
(3) For the purpose of having medical, dental, optometrical, or
chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member
of his or her immediate family, so long as the absence is not more
than one day if the service is conducted in California and not more
than three days if the service is conducted outside California.
(5) For the purpose of jury duty in
the manner provided for by law.
(6) Due to exclusion from school pursuant to Section 120335 of the
Health and Safety Code, so long as the absence is not more than five
schooldays pursuant to Section 46010.5.
"Immediate family," as used in this subdivision, has the same
meaning as that set forth in Section 45194 except that references
therein to "employee" shall be deemed to be references to "pupil."
This subdivision shall not apply in the case of pupils attending
summer school, adult schools, and classes, or regional occupational
centers and programs other than pupils concurrently enrolled in a
regular high school program and a regional occupational center or
program.
(c) For purposes of reporting pupil attendance for any purpose to
an agency of the federal government, the phrase "total days of
attendance of a pupil" shall be defined only as set forth in
subdivision (a).
SEC. 38. Section 46010.5 of the Education Code is amended to read:
46010.5. The county office of education or the governing board of
the school district of attendance shall exclude any pupil who has
not been immunized properly pursuant to Chapter 1 (commencing with
Section 120325) of Part 2 of Division 105 of the Health and Safety
Code. In any county office of education or school district that has
not had a request pursuant to Section 2550.4 or Section 42238.8,
respectively, to calculate its days of instruction as provided in
Section 46010.2 approved, the first five schooldays of the exclusion
shall not be deemed an absence in computing average daily attendance
if the following conditions are complied with:
(a) The governing board of the district notifies the parent or
guardian of the pupil that they have two weeks to supply evidence
either that the pupil has been properly immunized, or that the pupil
is exempted from the immunization requirement pursuant to Section
120365 or 120370 of the Health and Safety Code.
(b) The governing board of the district, in that notice, refers
the parent or guardian of the pupil to the pupil's usual source of
medical care to obtain the immunization, or if no usual source
exists, either refers the parent or guardian to the county health
department, or notifies the parent that the immunizations will be
administered at a school of the district.
SEC. 39. Section 48213 of the Education Code is amended to read:
48213. Prior to excluding a child from attendance pursuant to
Section 48211 or Section 48212, the governing board shall send a
notice to the parent or guardian of the child. The notice shall
contain each of the following:
(a) A statement of the facts leading to a decision to propose
exclusion of the child.
(b) A statement that the parent or guardian of the child has a
right to meet with the governing board to discuss the proposed
exclusion.
(c) A statement that at any meeting with the governing board held
to discuss the proposed exclusion, the parent or guardian shall have
an opportunity to inspect all documents that the governing board
relied on in its decision to propose exclusion of the child; to
challenge any evidence and to confront and question any witness
presented by the governing board; and to present oral and documentary
evidence on the child's behalf, including witnesses. The statement
shall also include notice that the parent or guardian may designate
one or more representatives to be present with the parent or guardian
at the meeting.
(d) A statement that the decision to exclude the child is subject
to periodic review and a statement of the procedures set by the
governing board for the periodic review.
If a child is excluded from attendance pursuant to Section 120230
of the Health and Safety Code or Section 49451 of this code, or when
a principal or his or her designee determines that the continued
presence of the child would constitute a clear and present danger to
the life, safety, or health of pupils or school personnel, the
governing board shall not be required to send prior notice of the
exclusion to the parent or guardian of the child as required in this
section. The governing board shall send a notice as required by this
section as soon as is reasonably possible after the exclusion.
SEC. 40. Section 48931 of the Education Code is amended to read:
48931. The governing board of any school district or any county
office of education may authorize any pupil or adult entity or
organization to sell food on school premises, subject to policy and
regulations of the State Board of Education. The State Board of
Education shall develop policy and regulations for the sale of food
by any pupil or adult entity or organization, or any combination
thereof, which shall ensure optimum participation in the school
district's or the county office of education's nonprofit food service
programs and shall be in consideration of all programs approved by
the governing board of any school district or any county office of
education. The policy and regulations shall be effective the first
of the month following adoption by the State Board of Education.
Nothing in this section shall be construed as exempting from the
California Uniform Retail Food Facilities Law (Chapter 4 (commencing
with Section 113700) of Part 7 of Division 104 of the Health and
Safety Code), food sales that are authorized pursuant to this section
and that would otherwise be subject to the California Uniform Retail
Food Facilities Law.
SEC. 41. Section 49452.5 of the Education Code is amended to read:
49452.5. The governing board of any school district shall,
subject to Section 49451 and in addition to the physical examinations
required pursuant to Sections 100275, 124035, and 124090 of the
Health and Safety Code, provide for the screening of every female
pupil in grade 7 and every male pupil in grade 8 for the condition
known as scoliosis. The screening shall be in accord with standards
established by the State Department of Education. The screening
shall be supervised only by qualified supervisors of health as
specified in Sections 44871 to 44878, inclusive, and Section 49422,
or by school nurses employed by the district or the county
superintendent of schools, or pursuant to contract with an agency
authorized to perform these services by the county superintendent of
schools of the county in which the district is located pursuant to
Sections 1750 to 1754, inclusive, and Section 49402 of this code,
Section 101425 of the Health and Safety Code, and guidelines
established by the State Board of Education. The screening shall be
given only by individuals who supervise, or who are eligible to
supervise, the screening, or licensed chiropractors, or by
certificated employees of the district or of the county
superintendent of schools who have received in-service training,
pursuant to rules and regulations adopted by the State Board of
Education, to qualify them to perform these screenings. It is the
intent of the Legislature that these screenings be performed, at no
additional cost to the state, the school district, or the parent or
guardian, during the regular schoolday and that any staff time
devoted to these activities be redirected from other ongoing
activities not related to the pupil's health care.
In-service training may be conducted by orthopedic surgeons,
physicians, registered nurses, physical therapists, and
chiropractors, who have received specialized training in scoliosis
detection.
Pupils suspected of having scoliosis during the initial screening
shall be rescreened by an orthopedic surgeon when there will be no
cost to the state, the school district, or the parent or guardian.
No person screening pupils for scoliosis pursuant to this section
shall solicit, encourage, or advise treatment or consultation by that
person, or any entity in which that person has a financial interest,
for scoliosis or any other condition discovered in the course of the
screening.
The governing board of any school district shall provide for the
notification of the parent or guardian of any pupil suspected of
having scoliosis. The notification shall include an explanation of
scoliosis, the significance of treating it at an early age, and the
public services available, after diagnosis, for treatment. Referral
of the pupil and the pupil's parent or guardian to appropriate
community resources shall be made pursuant to Sections 49426 and
49456.
No action of any kind in any court of competent jurisdiction shall
lie against any individual, authorized by this section to supervise
or give a screening, by virtue of this section.
In enacting amendments to this section, it is the intent of the
Legislature that no participating healing arts licentiate use the
screening program for the generation of referrals or for his or her
financial benefit. The Legislature does not intend to deny or limit
the freedom of choice in the selection of an appropriate health care
provider for treatment or consultation.
SEC. 42. Section 87408.6 of the Education Code is amended to read:
87408.6. (a) Except as provided in subdivision (h), no person
shall be initially employed by a community college district in an
academic or classified position unless the person has submitted to an
examination within the past 60 days to determine that he or she is
free of active tuberculosis, by a physician and surgeon licensed
under Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code. This examination shall consist of an
X-ray of the lungs, or an approved intradermal tuberculin test, that,
if positive, shall be followed by an X-ray of the lungs.
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
physician and surgeon licensed under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The district superintendent, or his or her designee, may exempt,
for a period not to exceed 60 days following termination of the
pregnancy, a pregnant employee from the requirement that a positive
intradermal tuberculin test be followed by an X-ray of the lungs.
(b) Thereafter, 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 governing board 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 that has been followed by an X-ray, the
foregoing examinations shall no longer be required and 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) After the examination, each employee shall cause to be on file
with the district superintendent a certificate from the examining
physician and surgeon showing the employee was examined and found
free from active tuberculosis. "Certificate," as used in this
subdivision, means a certificate signed by the examining physician
and surgeon or a notice from a public health agency or unit of the
American Lung Association that indicates freedom from active
tuberculosis. The latter, regardless of form, will constitute
evidence of compliance with this section.
(d) This examination is a condition of initial employment and the
expense incident thereto shall be borne by the applicant unless
otherwise provided by rules of the governing board. However, the
board may, if an applicant is accepted for employment, reimburse the
person in a like manner prescribed for employees in subdivision (e).
(e) The governing board of each district shall reimburse the
employee for the cost, if any, of this examination. The board may
provide for the examination required by this section or may establish
a reasonable fee for the examination that is reimbursable to
employees of the district complying with this section.
(f) At the discretion of the governing board, this section shall
not apply to those employees not requiring certification
qualifications who are employed for any period of time less than a
college year whose functions do not require frequent or prolonged
contact with students.
The governing board may, however, require the examination and may,
as a contract condition, require the examination of persons employed
under contract, other than those persons specified in subdivision
(a), if the board believes the presence of these persons in and
around college premises would constitute a health hazard to students.
(g) If the governing board of a community college district
determines by resolution, after hearing, that the health of students
in the district would not be jeopardized thereby, this section shall
not apply to any employee of the district who files an affidavit
stating that he or she adheres to the faith or teachings of any
well-recognized religious sect, denomination, or organization and in
accordance with its creed, tenets, or principles depends for healing
upon prayer in the practice of religion and that to the best of his
or her knowledge and belief he or she is free from active
tuberculosis. If at any time there should be probable cause to
believe that the affiant is afflicted with active tuberculosis, he or
she may be excluded from service until the governing board of the
employing district is satisfied that he or she is not so afflicted.
(h) A person who transfers his or her employment from one campus
or community college district to another shall be deemed to meet the
requirements of subdivision (a) 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 college previously employing him or her that
it has a certificate on file that contains that showing.
A person who transfers his or her employment from a private or
parochial elementary school, secondary school, or nursery school to
the community college district subject to this section shall be
deemed to meet the requirements of subdivision (a) if the person can
produce a certificate as provided for in Section 121525 of the Health
and Safety 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 previously employing
him or her that it has the certificate on file.
(i) Any governing board of a community college district providing
for the transportation of students under contract shall require as a
condition of the contract the examination for active tuberculosis, as
provided in subdivision (a) of this section, of all drivers
transporting the students, provided that privately contracted drivers
who transport the students on an infrequent basis, not to exceed
once a month, shall be excluded from this requirement.
(j) Examinations required pursuant to subdivision (i) shall be
made available without charge by the local health officer.
SEC. 43. Section 87781 of the Education Code, as amended by
Chapter 758 of the Statutes of 1995, is amended to read:
87781. Every academic employee employed five days a week by a
community college district shall be entitled to 10 days' leave of
absence for illness or injury and any additional days in addition
thereto that the governing board may allow for illness or injury,
exclusive of all days he or she is not required to render service to
the district, with full pay for a college year of service. An
employee employed for less than five schooldays a week shall be
entitled, for a college year of service, to that proportion of 10
days' leave of absence for illness or injury as the number of days he
or she is employed per week bears to five and is entitled to those
additional days in addition thereto as the governing board may allow
for illness or injury to certificated employees employed for less
than five schooldays a week; pay for any day of those absences shall
be the same as the pay that would have been received had the employee
served during the day. Credit for leave of absence need not be
accrued prior to taking leave by the employee and the leave of
absence may be taken at any time during the college year. If the
employee does not take the full amount of leave allowed in any school
year under this section, the amount not taken shall be accumulated
from year to year with additional days as the governing board may
allow.
The governing board of each community college district shall adopt
rules and regulations requiring and prescribing the manner of proof
of illness or injury for the purposes of this section. These rules
and regulations shall not discriminate against evidence of treatment
and the need therefor by the practice of the religion of any
well-recognized church or denomination.
Nothing in this section shall be deemed to modify or repeal any
provision in Chapter 3 (commencing with Section 120175) of Part 1 of
Division 105 of the Health and Safety Code.
Section 87780 does not apply to the first 10 days of absence on
account of illness or accident of any employee employed five days a
week or to the proportion of 10 days of absence to which the employee
employed less than five days a week is entitled hereunder on account
of illness or accident or to additional days granted by the
governing board. Any employee shall have the right to utilize sick
leave provided for in this section and the benefit provided by
Section 87780 for absences necessitated by pregnancy, miscarriage,
childbirth, and recovery therefrom.
SEC. 44. Section 359 of the Family Code is amended to read:
359. (a) Applicants for a marriage license shall obtain from the
county clerk issuing the license, a certificate of registry of
marriage.
(b) The contents of the certificate of registry are as provided in
Part 1 (commencing with Section 102100) of Division 102 of the
Health and Safety Code.
(c) The certificate of registry shall be filled out by the
applicants, in the presence of the county clerk issuing the marriage
license, and shall be presented to the person solemnizing the
marriage.
(d) The person solemnizing the marriage shall complete the
certificate of registry and shall cause to be entered on the
certificate of registry the signature and address of one witness to
the marriage ceremony.
(e) The certificate of registry shall be returned by the person
solemnizing the marriage to the county recorder of the county in
which the license was issued within 30 days after the ceremony.
(f) As used in this division, "returned" means presented to the
appropriate person in person, or postmarked, before the expiration of
the specified time period.
SEC. 45. Section 1852 of the Family Code is amended to read:
1852. Funds collected by the state pursuant to subdivision (c) of
Section 103625 of the Health and Safety Code, subdivision (a) of
Section 26832 of the Government Code, and grants, gifts, or devises
made to the state from private sources to be used for the purposes of
this part shall be deposited into the General Fund and shall only be
used for the purposes of this part. No funds other than those so
deposited shall be used for those purposes. That money shall be
appropriated to the Judicial Council for the support of the programs
authorized by this part as provided by the Legislature in the annual
Budget Act. The Judicial Council may utilize funds to provide
staffing as may be necessary to carry out the purposes of this part.
In order to defray the costs of collection of these funds, the local
registrar, county clerk, or county recorder may retain a percentage
of the funds collected, not to exceed 10 percent of the fee payable
to the state pursuant to subdivision (c) of Section 103625 of the
Health and Safety Code.
SEC. 46. Section 6925 of the Family Code is amended to read:
6925. (a) A minor may consent to medical care related to the
prevention or treatment of pregnancy.
(b) This section does not authorize a minor:
(1) To be sterilized without the consent of the minor's parent or
guardian.
(2) To receive an abortion without the consent of a parent or
guardian other than as provided in Section 123450 of the Health and
Safety Code.
SEC. 47. Section 7571 of the Family Code is amended to read:
7571. (a) On and after January 1, 1995, upon the event of a live
birth, prior to an unmarried mother leaving any hospital, clinic, or
birthing center that is licensed to provide obstetric services, the
person responsible for registering live births under Sections 102405
and 102415 of the Health and Safety Code shall provide to the natural
mother and shall attempt to provide, at the place of birth, to the
man identified by the natural mother as the natural father, a
declaration for completion that meets the requirements of Section
7574. The person responsible for registering the birth shall file
the declaration, if completed, with the birth certificate, and, if
requested, shall transmit a copy of the declaration to the district
attorney of the county where the birth occurred. A copy of the
declaration shall be made available to each of the attesting parents.
(b) No health care provider shall be subject to any civil,
criminal, or administrative liability for any negligent act or
omission relative to the accuracy of the information provided, or for
filing the declaration with the appropriate state or local agencies.
(c) The district attorney shall pay to the hospital, clinic, or
other place of birth that files the completed declaration with the
birth certificate, as set forth in this subdivision, the sum of ten
dollars ($10) for each declaration filed by it.
(d) Except as provided in Section 7575, the child of a woman and a
man executing a declaration of paternity under this chapter, that
meets the requirements of Section 7574, is conclusively presumed to
be the man's child. The presumption under this section has the same
force and effect as the presumption under Section 7540.
(e) A voluntary declaration of paternity that meets the
requirements of Section 7574 shall be recognized as the basis for the
establishment of an order for child custody or support.
(f) In any action to rebut the presumption created by this
subdivision, a voluntary declaration of paternity that meets the
requirements of Section 7574 shall be admissible as evidence to
determine paternity of the child named in the voluntary declaration
of paternity.
SEC. 48. Section 7639 of the Family Code is amended to read:
7639. If the judgment or order of the court is at variance with
the child's birth certificate, the court shall order that a new birth
certificate be issued as prescribed in Article 2 (commencing with
Section 102725) of Chapter 5 of Part 1 of Division 102 of the Health
and Safety Code.
SEC. 49. Section 5655 of the Fish and Game Code, as amended by
Chapter 720 of the Statutes of 1995, is amended to read:
5655. (a) In addition to the responsibilities imposed pursuant to
Section 5651, the department may clean up or abate, or cause to be
cleaned up or abated, the effects of any petroleum or petroleum
product deposited or discharged in the waters of this state or
deposited or discharged in any location onshore or offshore where the
petroleum or petroleum product is likely to enter the waters of this
state, order any person responsible for the deposit or discharge to
clean up the petroleum or petroleum product or abate the effects of
the deposit or discharge, and recover any costs incurred as a result
of the cleanup or abatement from the responsible party.
(b) No order shall be issued pursuant to this section for the
cleanup or abatement of petroleum products in any sump, pond, pit, or
lagoon used in conjunction with crude oil production that is in
compliance with all applicable state and federal laws and
regulations.
(c) The department may issue an order pursuant to this section
only if there is an imminent and substantial endangerment to human
health or the environment and the order shall remain in effect only
until any cleanup and abatement order is issued pursuant to Section
13304 of the Water Code. A regional water quality control board
shall incorporate the department's order into the cleanup and
abatement order issued pursuant to Section 13304 of the Water Code,
unless the department's order is inconsistent with any more stringent
requirement established in the cleanup and abatement order. Any
action taken in compliance with the department's order is not a
violation of any subsequent regional water quality control board
cleanup and abatement order issued pursuant to Section 13304 of the
Water Code.
(d) For purposes of this section, "petroleum product" means oil in
any kind or form, including, but not limited to, fuel oil, sludge,
oil refuse, and oil mixed with waste other than dredged spoil.
"Petroleum product" does not include any pesticide that has been
applied for agricultural, commercial, or industrial purposes or has
been applied in accordance with a cooperative agreement authorized by
Section 116180 of the Health and Safety Code, that has not been
discharged accidentally or for purposes of disposal, and whose
application was in compliance with all applicable state and federal
laws and regulations.
SEC. 50. Section 11408 of the Food and Agricultural Code is
amended to read:
11408. "Agricultural use" means the use of any pesticide or
method or device for the control of plant or animal pests, or any
other pests, or the use of any pesticide for the regulation of plant
growth or defoliation of plants. It excludes the sale or use of
pesticides in properly labeled packages or containers that are
intended for any of the following:
(a) Home use.
(b) Use in structural pest control.
(c) Industrial or institutional use.
(d) The control of an animal pest under the written prescription
of a veterinarian.
(e) Local districts or other public agencies that have entered
into and operate under a cooperative agreement with the State
Department of Health Services pursuant to Section 116180 of the
Health and Safety Code, provided that any exemption under this
subdivision is subject to the approval of the director as being
required to carry out the purposes of this division.
SEC. 51. Section 12533 of the Food and Agricultural Code is
amended to read:
12533. Nothing in this chapter repeals or amends any of the
provisions of Part 5 (commencing with Section 109875) of Division 104
of the Health and Safety Code.
SEC. 52. Section
12846 of the Food and Agricultural Code is amended to read:
12846. The Food Safety Account is hereby created in the
Department of Food and Agriculture Fund to be used, upon
appropriation, for purposes of Sections 12535, 12797, 12798, 12979,
13060, and 13061 of this code and Section 110495 of the Health and
Safety Code.
SEC. 53. Section 12982 of the Food and Agricultural Code is
amended to read:
12982. The director and the commissioner of each county under the
direction and supervision of the director, shall enforce the
provisions of this article and the regulations adopted pursuant to
it. The local health officer may assist the director and the
commissioner in the enforcement of the provisions of this article and
any regulations adopted pursuant to it. The local health officer
shall investigate any condition where a health hazard from pesticide
use exists, and shall take necessary action, in cooperation with the
commissioner, to abate the condition. The local health officer may
call upon the State Department of Health Services for assistance
pursuant to Section 105210 of the Health and Safety Code.
SEC. 54. Section 14505 of the Food and Agricultural Code is
amended to read:
14505. Agricultural products derived from municipal sewage sludge
shall be regulated as a fertilizing material pursuant to this
chapter, and when used in general commerce, these products are not
subject to regulation as a hazardous substance pursuant to Section
108130) of the Health and Safety Code and are not subject to
regulation as a waste under Chapter 6.5 (commencing with Section
25100) of Division 20 of the Health and Safety Code.
SEC. 55. Section 14904 of the Food and Agricultural Code is
amended to read:
14904. The director shall adopt and enforce regulations for the
manufacture, distribution, and labeling of feed used in connection
with the production of food sold as organic pursuant to Article 7
(commencing with Section 110810) of Chapter 5 of Part 5 of Division
104 of the Health and Safety Code which shall be consistent with the
requirements of that article.
SEC. 56. Section 18694 of the Food and Agricultural Code is
amended to read:
18694. This chapter applies to any person, establishment, animal,
or article regulated under the federal acts only to the extent
provided for in the federal acts. The exemptions provided in the
federal acts are, however, applicable to this chapter insofar as they
are not contrary to this division and Chapter 10 (commencing with
Section 113025) of Part 6 of Division 104 of the Health and Safety
Code.
SEC. 57. Section 18813 of the Food and Agricultural Code is
amended to read:
18813. The director shall not provide inspection under this
chapter at any establishment for the slaughter of livestock or
poultry or the preparation of any livestock product or poultry
product that is not intended for use as human food. The product,
unless naturally inedible by humans, shall be denatured or otherwise
identified as prescribed by the director, prior to being offered for
sale or transportation in intrastate commerce, to prevent its use as
human food, and shall be in compliance with Chapter 5 (commencing
with Section 19200) of this part and Chapter 10 (commencing with
Section 113025) of Part 6 of Division 104 of the Health and Safety
Code.
SEC. 58. Section 18849 of the Food and Agricultural Code is
amended to read:
18849. It is unlawful for any person to sell, transport, offer
for sale or transportation, or receive for transportation, in
intrastate commerce, any carcass of any horse, mule, or other equine,
or any part of the carcass, or any meat or meat food product
thereof, unless it is plainly and conspicuously marked, labeled, or
otherwise identified as required by regulations of the director to
indicate the animal from which it was derived, and is in compliance
with Chapter 5 (commencing with Section 19200) of this part and
Chapter 10 (commencing with Section 113025) of Part 6 of Division
104 of the Health and Safety Code.
SEC. 59. Section 18850 of the Food and Agricultural Code is
amended to read:
18850. It is unlawful for any person to buy, sell, transport, or
offer for sale or transportation, or receive for transportation, in
intrastate commerce, any livestock product or poultry product that is
not intended for use as human food, unless it is denatured or
otherwise identified as required by the regulations of the director
or is naturally inedible by humans, and is in compliance with Chapter
5 (commencing with Section 19200) of this part and Chapter 10
(commencing with Section 113025) of Part 6 of Division 104 of the
Health and Safety Code.
SEC. 60. Section 18851 of the Food and Agricultural Code is
amended to read:
18851. It is unlawful for any person engaged in the business of
buying, selling, or transporting, in intrastate commerce, dead,
dying, disabled, or diseased animals, or any parts of the carcasses
of any animals that died otherwise than by slaughter to buy, sell,
transport, offer for sale or transportation, or receive for
transportation, in intrastate commerce, any dead, dying, disabled, or
diseased livestock or poultry, or any products of the animal that
died otherwise than by slaughter, unless the transaction or
transportation, is made in accordance with any regulations the
director may prescribe to assure that the animal, or the part or
product thereof, will be prevented from being used for human food
purposes, and is in compliance with Chapter 5 (commencing with
Section 19200) of this part and Chapter 10 (commencing with Section
113025) of Part 6 of Division 104 of the Health and Safety Code.
SEC. 61. Section 19260 of the Food and Agricultural Code is
amended to read:
19260. Every person engaged in the business of processing,
packing, or preparing fresh or frozen horsemeat or any other meat
product for use as pet food of any kind, shall first obtain a license
pursuant to this chapter, except those persons licensed pursuant to
Chapter 10 (commencing with Section 113025) of Part 6 of Division 104
of the Health and Safety Code.
SEC. 62. Section 41302 of the Food and Agricultural Code is
amended to read:
41302. Any act that is made unlawful by Part 5 (commencing with
Section 109875) of Division 104 of the Health and Safety Code is not
made lawful by reason of this part. This part does not limit the
powers of the State Department of Health Services.
SEC. 63. Section 41332 of the Food and Agricultural Code is
amended to read:
41332. The State Director of Health Services, for the purpose of
enforcing this chapter, may do all of the following:
(a) Enter and inspect every place within the state where canned
fruits or vegetables, including olives, are canned, stored, shipped,
delivered for shipment, or sold, and inspect all fruits or
vegetables, including olives, and containers that are found in that
place.
(b) Seize and retain possession of any canned olives or canned
fruits or vegetables that are packed, shipped, delivered for
shipment, or sold in violation of this chapter, and hold them pending
the order of the court.
(c) Cause to be instituted and to be prosecuted in the superior
court of any county of the state in which may be found canned olives
or canned fruits or vegetables that are packed, shipped, delivered
for shipment, or sold, in violation of this chapter, an action for
the condemnation of canned olives or canned fruits or vegetables as
provided by Part 5 (commencing with Section 109875) of Division 104
of the Health and Safety Code.
SEC. 64. Section 41581 of the Food and Agricultural Code is
amended to read:
41581. If the State Director of Health Services finds, after
investigation and examination, that any canned fruits or vegetables,
including olives, that are found in the possession of any person,
firm, company, or corporation are misbranded or mislabeled within the
meaning of this chapter, he or she may seize the canned fruits or
vegetables, including olives, and tag them "embargoed." The canned
fruits or vegetables, including olives, shall not thereafter be sold,
removed, or otherwise disposed of pending a hearing and final
disposition as provided by Part 5 (commencing with Section 109875) of
Division 104 of the Health and Safety Code.
SEC. 65. Section 46000 of the Food and Agricultural Code is
amended to read:
46000. (a) The director and county agricultural commissioners
under the supervision and direction of the director shall enforce
Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of
Division 104 of the Health and Safety Code applicable to producers
of food sold as organic, handlers of raw agricultural commodities
sold as organic, and eggs sold as organic, handlers and processors of
meat, fowl, and dairy products sold as organic, and retailers of
food sold as organic.
(b) The director shall also enforce Article 7 (commencing with
Section 110810) of Chapter 5 of Part 5 of Division 104 of the Health
and Safety Code applicable to certification organizations that
certify food sold as organic under the enforcement jurisdiction of
the director pursuant to subdivision (a).
(c) The director may adopt any regulations reasonably necessary to
implement his or her enforcement responsibilities as specified in
Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of
Division 104 of the Health and Safety Code and this chapter.
SEC. 66. Section 46002 of the Food and Agricultural Code is
amended to read:
46002. (a) Every person engaged in this state in the production
or handling of raw agricultural commodities or eggs sold as organic,
or in the production, handling, or processing of meat, fowl, or dairy
products sold as organic, excluding retailers of food sold as
organic, shall register with the agricultural commissioner in the
county of principal operation prior to the first sale of the food,
and shall thereafter annually renew the registration unless no longer
engaged in the activities requiring the registration. Each
registrant shall provide a complete copy of its registration to the
agricultural commissioner in any county in which the registrant
operates.
(b) Registration pursuant to this section shall be on a form
provided by the department and shall be valid for a period of one
calendar year from the date of validation by the department or county
agricultural commissioner of the completed registration form. The
director shall make the forms available for this purpose.
(c) The information provided on the registration form shall
include all of the following:
(1) The nature of the registrant's business, including the
specific commodities produced, handled, or processed that are sold as
organic.
(2) For producers, a map showing the precise location and
dimensions of the facility or farm where the commodities are
produced. The map shall also describe the boundaries of the
production area and all adjacent land uses, shall assign field
numbers to distinct fields or management units, and shall describe
the size of each field or management unit.
(3) Sufficient information, under penalty of perjury, to enable
the director or county agricultural commissioner to verify the amount
of the registration fee to be paid in accordance with subdivision
(e).
(4) The names of all certification organizations or governmental
entities, if any, providing certification pursuant to Sections 110850
to 110870, inclusive, of the Health and Safety Code.
(5) In the case of producers, for each field or management unit, a
list of all substances applied to the crop, soil, growing medium,
growing area, irrigation or postharvest wash or rinse water, or seed,
including the source of the substance, the brand name, if any, the
rate of application, and the total amount applied in each calendar
year, for at least the applicable time periods specified in
subdivision (a) of Section 110820 of the Health and Safety Code.
(d) The registration form shall include a separate "public
information sheet" that shall include:
(1) The name and address of the registrant.
(2) The nature of the registrant's business, including the
specific commodities produced, handled, or processed that are sold as
organic.
(3) The names of all certification organizations or governmental
entities, if any, providing certification pursuant to Sections 110850
to 110870, inclusive, of the Health and Safety Code.
(e) A registration form shall be accompanied by payment of a
nonrefundable registration fee by producers, handlers, and
processors, which shall be based on gross sales by the registrant of
food sold as organic in the calendar year that precedes the date of
registration, or if no sales were made in the preceding year, then
based on the expected sales during the 12 calendar months following
the date of registration, according to the following schedule:
Gross Sales Registration Fee
$ 0 - 10,000 $ 25
$ 10,001 - 25,000 $ 75
$ 25,001 - 50,000 $ 100
$ 50,001 - 100,000 $ 175
$ 100,001 - 250,000 $ 300
$ 250,001 - 500,000 $ 450
$ 500,001 - 1,000,000 $ 750
$ 1,000,001 - 2,500,000 $ 1,000
$ 2,500,001 - 5,000,000 $ 1,500
$ 5,000,001 - and above $ 2,000
Notwithstanding the amounts specified in the above schedule, any
person required to register pursuant to this section shall pay an
initial registration fee equal to one and one-half times the amount
specified in the above schedule. Thereafter, the annual fee shall be
as specified in the above schedule.
(f) 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.
(g) The director or county agricultural commissioner shall reject
a registration submission that is incomplete or not in compliance
with this chapter and Article 7 (commencing with Section 110810) of
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
(h) A registrant shall immediately notify the director of any
change in the information reported on the registration form and shall
pay any additional fee owed if that change results in a higher fee
owed than that previously paid.
(i) At the request of any person, the "public information sheet"
described in subdivision (d) for any registrant shall be made
available for inspection and copying at the main office of the
department and each county agricultural commissioner. Copies of the
"public information sheet" shall also be made available by mail, upon
written request. The director or commissioner may charge a
reasonable fee for the cost of reproducing a "public information
sheet." Except as provided in this subdivision, a registration form
is exempt from Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code.
(j) The requirements of this section do not apply to retailers of
food sold as organic. The requirements of this section do not apply
to persons who only transport or provide temporary storage for food
sold as organic, and who do not otherwise handle that food.
(k) The director, in consultation with the Organic Food Advisory
Board, may suspend the registration program set forth in this section
if the director determines that income derived from registration
fees is insufficient to support a registration enforcement program.
SEC. 67. Section 46003 of the Food and Agricultural Code is
amended to read:
46003. (a) The director shall establish an advisory board, which
shall be known as the Organic Food Advisory Board, for the purpose of
advising the director with respect to his or her responsibilities
under this chapter and Article 7 (commencing with Section 110810) of
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
(b) The advisory board shall be comprised of 14 members. Six
members shall be producers, at least one of whom shall be a producer
of meat, fowl, fish, dairy products, or eggs. Two members shall be
processors, one member shall be a handler or a retailer, two members
shall be consumer representatives, one member shall be an
environmental representative, and two members shall be technical
representatives with scientific credentials related to agricultural
chemicals, toxicology, or food science. Except for the consumer,
environmental, and technical representatives, the members of the
advisory board shall have derived a substantial portion of their
business income, wages, or salary from the production, handling,
processing, or retailing of food sold as organic for at least three
years preceding their appointment to the advisory board. The
consumer and environmental representatives shall not have a financial
interest in the organic food industry and shall be representatives
of recognized nonprofit organizations whose principal purpose is the
protection of consumer health or protection of the environment. The
technical representatives shall not have a financial interest in the
organic food industry.
(c) The members of the advisory board described in subdivision (b)
shall be reimbursed for the reasonable expenses actually incurred in
the performance of their duties, as determined by the advisory board
and approved by the director.
(d) The State Director of Health Services, or his or her
representative, and a county agricultural commissioner shall be
appointed as ex officio members of the advisory board.
SEC. 68. Section 46003.5 of the Food and Agricultural Code is
amended to read:
46003.5. (a) On or before July 1, 1996, the director, in
consultation with the Organic Food Advisory Board, shall adopt
regulations listing specific substances that are in compliance or not
in compliance with the definition of "prohibited materials," as
defined in subdivision (p) of Section 110815 of the Health and Safety
Code, for use in the production and handling of organic foods.
Prior to the promulgation of the national materials list by the
United States Department of Agriculture pursuant to the federal
Organic Foods Production Act of 1990 (7 U.S.C. Secs. 6501 to 6522,
incl.) the Organic Food Advisory Board, in consultation with the
director, shall determine what, if any, substance may be allowed for
use in the production and handling of organic foods in this state.
Within 90 days of promulgation of the national materials list by the
United States Department of Agriculture, the Organic Food Advisory
Board, in consultation with the director, shall determine what, if
any, substance allowed for use by the national materials list may be
allowed for use in the production and handling of organic foods in
this state.
(b) Prior to adoption of these regulations, the director shall
issue administratively a preliminary, nonexhaustive list of materials
that are in compliance or not in compliance with subdivision (p) of
Section 110815 of the Health and Safety Code based on the listings of
permitted materials published by California Certified Organic
Farmers, the Organic Foods Production Association of North America,
and the Departments of Agriculture of the States of Oregon and
Washington.
SEC. 69. Section 46004 of the Food and Agricultural Code is
amended to read:
46004. (a) Any person may file a complaint with the director
concerning suspected noncompliance with this chapter or Article 7
(commencing with Section 110810) of Chapter 5 of Part 5 of Division
104 of the Health and Safety Code by a person under the enforcement
jurisdiction of the director, as provided in Section 46000.
(b) The director shall, to the extent funds are available,
establish procedures for handling complaints, including provision of
a written complaint form, and procedures for commencing an
investigation within three working days after receiving a 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 60 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 director shall carry out the functions and objectives of
this chapter and Article 7 (commencing with Section 110810) of
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to
the extent funds are available for those purposes.
SEC. 70. Section 46005 of the Food and Agricultural Code is
amended to read:
46005. The director and the county agricultural commissioners may
conduct a program of spot inspections of persons required to
register pursuant to Section 46002 to verify continuing compliance
with this chapter and Article 7 (commencing with Section 110810) of
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
according to uniform procedures established by the director.
SEC. 71. Section 46006 of the Food and Agricultural Code is
amended to read:
46006. At the request of a county agricultural commissioner, the
district attorney for that county may bring an action to enforce this
chapter or Article 7 (commencing with Section 110810) of Chapter 5
of Part 5 of Division 104 of the Health and Safety Code, within the
enforcement jurisdiction of that commissioner.
SEC. 72. Section 46007 of the Food and Agricultural Code is
amended to read:
46007. (a) In lieu of prosecution, the director or a county
agricultural commissioner may levy a civil penalty against any person
under the enforcement jurisdiction of the director as provided in
Section 46000 who violates Article 7 (commencing with Section 110810)
of Chapter 5 of Part 5 of Division 104 of the Health and Safety
Code, or any regulation adopted pursuant thereto or pursuant to this
chapter, 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 chapter and Article 7 (commencing
with Section 110810) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code, 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 or county agricultural commissioner finds that a
violation was not intentional, the director or county agricultural
commissioner 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 subdivision (a) or (b), the director or county agricultural
commissioner 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 or county
agricultural commissioner, upon request made within 30 days after the
issuance of the notice of penalty. At the hearing, the person shall
be given the right to review the director's or commissioner'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
or commissioner may be sought by any person pursuant to Section
1094.5 of the Code of Civil Procedure within 30 days of the date of
the final order of the director or commissioner.
(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. A civil penalty levied by a county agricultural commissioner
pursuant to this section may be recovered in a civil action brought
in the name of the county.
(g) The director shall maintain in a central location, and make
publicly available for inspection and copying upon request, a list of
all civil penalties levied by the director and by each county
agricultural commissioner within the past five years, including the
amount of each penalty, the person against whom the penalty was
levied, and the nature of the violation. Copies of this list shall
also be available by mail, upon written request and payment of a
reasonable fee, as set by the director.
SEC. 73. Section 46008 of the Food and Agricultural Code is
amended to read:
46008. On or before January 1, 1994, the director, in
consultation with the county agricultural commissioners and in
cooperation with the State Director of Health Services, shall prepare
a report to the Legislature describing enforcement activities under
this chapter and Article 7 (commencing with Section 110810) of
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code,
and containing recommendations regarding the need for, and means of,
improved enforcement of that article and this chapter. The report
shall include an analysis of the adequacy of fees collected pursuant
to this chapter.
SEC. 74. Section 46009 of the Food and Agricultural Code is
amended to read:
46009. (a) Effective January 1, 1993, a nongovernmental
certification organization that certifies raw agricultural
commodities, eggs, meat, fowl, or dairy products sold as organic
shall register with the secretary and shall thereafter annually renew
the registration, unless the organization is no longer engaged in
the activities requiring the registration. Registration shall be on
a form provided by the secretary, shall include the filing of a
certification plan as specified in Section 110865 of the Health and
Safety Code, and payment of the fee specified in subdivision (b).
The registration form shall contain the names of all persons involved
in making certification decisions or setting certification standards
for the certification organization. The secretary shall reject a
registration submission that is incomplete or not in compliance with
this chapter and Article 7 (commencing with Section 110810) of
Chapter 5 of Part 5 of Division 104 of the Health and Safety Code.
The secretary shall make forms available for this purpose.
In lieu of
registration pursuant to this subdivision, the secretary may approve
a certification organization that is accredited under the federal
organic foods law.
(b) Each nongovernmental certification organization shall pay an
annual registration fee of five hundred dollars ($500) to the
secretary. Any registration submitted by a certification
organization, registered with the department, shall be made available
to the public for inspection and copying. The secretary may audit
the organization's certification procedures and records at any time,
but any records of the certification organization not otherwise
required to be disclosed shall be kept confidential by the secretary.
(c) The secretary and the county agricultural commissioners under
the supervision of the secretary shall, if requested by a sufficient
number of persons to cover the costs of the program in a county as
determined by the secretary, establish a voluntary certification
program for producers of organic food and processors of organic meat,
fowl, and dairy products under the enforcement jurisdiction of the
secretary. This program shall meet all of the requirements of
Sections 110855 to 110870, inclusive, of the Health and Safety Code.
In addition, this program shall meet all of the requirements of the
federal certification program, including federal accreditation. The
secretary shall establish a fee schedule for participants in this
program that covers all of the department's reasonable costs of the
program. A county agricultural commissioner that conducts a
voluntary certification program pursuant to this section shall
establish a fee schedule for participants in this program that covers
all of the agricultural commissioner's reasonable costs of the
program. The secretary may not expend funds obtained from
registration fees collected under this chapter for the purposes of
adopting or administering this program.
The certification fee authorized by this subdivision is due and
payable on or before the 10th day of the month following the month in
which the decision to grant the certification is issued. Any person
who does not pay the amount that is due within the required period
shall pay the enforcement authority providing the certificate a
penalty of 10 percent of the total amount determined to be due, plus
interest at the rate of 11/2 percent interest per month on the unpaid
balance.
(d) This chapter applies 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 chapter, the
secretary may recognize a certification organization operating
outside of the state that certifies raw agricultural commodities,
eggs, meat, fowl, or dairy products if the secretary determines that
the organization meets minimum standards substantially similar to
those contained in subdivision (c) of Section 110850, and Sections
110860 to 110870, inclusive, of the Health and Safety Code. The
secretary shall establish, administratively, a procedure for
organizations to apply and obtain recognition.
SEC. 75. Section 46010 of the Food and Agricultural Code is
amended to read:
46010. This chapter shall be interpreted in conjunction with
Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of
Division 104 of the Health and Safety Code.
SEC. 76. Section 46012 of the Food and Agricultural Code is
amended to read:
46012. Article 14 (commencing with Section 43031) of Chapter 2
applies to any food product that is represented as organically
produced by any person who is not registered as required by this
chapter or any product that is not in compliance with this chapter or
Article 7 (commencing with Section 110810) of Chapter 5 of Part 5 of
Division 104 of the Health and Safety Code. The director,
agricultural commissioners, and the State Director of Health Services
shall be considered enforcing officers for purposes of those
provisions of law under their respective jurisdiction.
SEC. 77. Section 46014 of the Food and Agricultural Code is
amended to read:
46014. This chapter also applies to seed, fiber, and
horticultural products. The terms "foods" and "raw agricultural
commodities" as used in this chapter, and in Article 7 (commencing
with Section 110810) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code, include seed, fiber, and horticultural
products where the context requires to effectuate this section.
SEC. 78. Section 46015 of the Food and Agricultural Code is
amended to read:
46015. Except as provided in paragraphs (1) and (2) of
subdivision (b) of Section 110820 of the Health and Safety Code, it
is unlawful for any person to commingle nonorganic commodities with
commodities sold as organic either in the same container, as defined
in Section 42506, or when displaying commodities for sale at retail.
SEC. 79. Section 55861.7 of the Food and Agricultural Code is
amended to read:
55861.7. (a) Notwithstanding Section 55861.5, in addition to the
fee paid pursuant to Section 55861, each applicant for a license
shall pay a 50-percent surcharge to the Director of Pesticide
Regulation, in a form and manner prescribed by the director.
(b) Subdivision (a) does not apply to those applicants for
licenses the Department of Pesticide Regulation determines should not
be assessed due to a determination of limited applicability pursuant
to Sections 12535, 12536, 12797, 12798, 12979, 13134, and 13135 of
this code or Section 110455 or 110485 of the Health and Safety Code
to those licenses, or because substantial economic hardship would
result to individual applicants.
(c) Each applicant for a license issued pursuant to this chapter
who is also registered pursuant to Article 2 (commencing with Section
110460) of Chapter 5 of Part 5 of Division 104 of the Health and
Safety Code, may, at a date no later than the issuance of the
license, submit a copy of the processed food registration certificate
issued to that applicant by the State Department of Health Services
pursuant to that Article 2 in lieu of the payment of the surcharge
required pursuant to subdivision (a).
(d) 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.
(e) If the applicant is not issued a license, the director shall
return the surcharge to the applicant, and for that purpose,
notwithstanding Section 13340 of the Government Code, the amount of
funds necessary to refund the surcharge is continuously appropriated,
without regard to fiscal year, to the director.
SEC. 79.5. Section 56571.7 of the Food and Agricultural Code is
amended to read:
56571.7. Notwithstanding Section 56571.5, in addition to the fee
paid pursuant to Section 56571, each applicant for a license shall
pay a 50-percent surcharge to the Director of Pesticide Regulation,
in a form and manner prescribed by the director. This section shall
not apply to those applicants for licenses the Department of
Pesticide Regulation determines should not be assessed due to a
determination of limited applicability pursuant to Sections 12535,
12536, 12797, 12798, 12979, 13134, and 13135 of this code or Section
110455 or 110485 of the Health and Safety Code to those licenses, or
because substantial economic hardship would result to individual
applicants. 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. If the applicant is not issued a
license, the director shall return the surcharge to the applicant,
and for that purpose, notwithstanding Section 13340 of the Government
Code, the amount of funds necessary to refund the surcharge is
continuously appropriated, without regard to fiscal year, to the
director.
SEC. 80. Section 58108 of the Food and Agricultural Code is
amended to read:
58108. If the program is established, the department shall
authorize a local agency in each county to distribute nutrition
coupons to all recipients, as defined by subdivision (c) of Section
123285 of the Health and Safety Code.
SEC. 81. Section 6103.4 of the Government Code is amended to read:
6103.4. Section 6103 does not apply to any fee or charge for
official services required by Section 100860 of the Health and Safety
Code, or Part 5 (commencing with Section 4999) of Division 2, or
subdivision (d) of Section 13260, or Section 13609, of the Water
Code.
SEC. 82. Section 7575 of the Government Code is amended to read:
7575. (a) (1) Notwithstanding any other provision of law, the
State Department of Health Services, or any designated local agency
administering the California Children's Services, shall be
responsible for the provision of medically necessary occupational
therapy and physical therapy, as specified by Article 5 (commencing
with Section 123800) of Chapter 3 of Part 2 of Division 106 of the
Health and Safety Code, by reason of medical diagnosis and when
contained in the child's individualized education program.
(2) Related services or designated instruction and services not
deemed to be medically necessary by the State Department of Health
Services, that the individualized education program team determines
are necessary in order to assist a child to benefit from special
education, shall be provided by the local education agency by
qualified personnel whose employment standards are covered by the
Education Code and implementing regulations.
(b) The department shall determine whether a California Children's
Services eligible pupil, or a pupil with a private medical referral
needs medically necessary occupational therapy or physical therapy.
A medical referral shall be based on a written report from a licensed
physician and surgeon who has examined the pupil. The written
report shall include the following:
(1) The diagnosed neuromuscular, musculoskeletal, or physical
disabling condition prompting the referral.
(2) The referring physician's treatment goals and objectives.
(3) The basis for determining the recommended treatment goals and
objectives, including how these will ameliorate or improve the pupil'
s diagnosed condition.
(4) The relationship of the medical disability to the pupil's need
for special education and related services.
(5) Relevant medical records.
(c) The department shall provide the service directly or by
contracting with another public agency, qualified individual, or a
state-certified nonpublic nonsectarian school or agency.
(d) Local education agencies shall provide necessary space and
equipment for the provision of occupational therapy and physical
therapy in the most efficient and effective manner.
(e) The department shall also be responsible for providing the
services of a home health aide when the local education agency
considers a less restrictive placement from home to school for a
pupil for whom both of the following conditions exist:
(1) The California Medical Assistance Program provides a
life-supporting medical service via a home health agency during the
time in which the pupil would be in school or traveling between
school and home.
(2) The medical service provided requires that the pupil receive
the personal assistance or attention of a nurse, home health aide,
parent or guardian, or some other specially trained adult in order to
be effectively delivered.
SEC. 83. Section 7901 of the Government Code is amended to read:
7901. For the purposes of Article XIIIB of the California
Constitution and this division:
(a) "Change in California per capita personal income" means the
number resulting when the quotient of the California personal income,
as published by the United States Department of Commerce in the
Survey of Current Business for the fourth quarter of a calendar year
divided by the civilian population of the state on January 1 of the
next calendar year, as estimated by the Department of Finance, is
divided by the similarly determined quotient for the next prior year.
For example, the change in California per capita personal income
for 1979 (to be used for computing the appropriations limit for the
1980-81 fiscal year) would equal the fourth quarter 1979 personal
income divided by the January 1, 1980, population, the quotient
divided by the fourth quarter 1978 personal income divided by the
January 1, 1979, population.
(b) "Change in population" for a local agency for a calendar year
means the number resulting when the percentage change in population
between January 1 of the next calendar year and January 1 of the
calendar year in question, as estimated by the Department of Finance
pursuant to Section 2227 of the Revenue and Taxation Code for each
city and county and Section 2228 of the Revenue and Taxation Code for
each special district, plus 100, is divided by 100. For example,
the change in population for 1979 would equal the percentage change
in population between January 1, 1980, and January 1, 1979, plus 100,
the sum divided by 100. For purposes of the state's appropriations
limit, "change in population" means the number resulting when the
civilian population of the state on January 1 of the next calendar
year, as estimated by the Department of Finance, is divided by the
similarly estimated population for January 1 of the calendar year in
question. For example, the change in population for 1979 (to be used
for computing the appropriations limit for the 1980-81 fiscal year)
would equal the January 1, 1980, population divided by the January 1,
1979, population.
A city or special district may choose to use the change in
population within its jurisdiction or within the county in which it
is located. For a special district located in two or more counties,
the special district may choose to use the change in population in
the county in which the portion of the district is located which has
the highest assessed valuation. Each city and special district shall
select its change in population pursuant to this paragraph annually
by a recorded vote of the governing body of the city or special
district. A charter city and county may choose to use the change in
population provided in this paragraph or may choose to use the change
in population provided in Section 2 of Chapter 1221 of the Statutes
of 1980.
A county may choose to use any one of the following:
(1) The change in population within its jurisdiction.
(2) The change in population within its jurisdiction, combined
with the change in population within all counties having borders that
are contiguous to that county.
(3) The change in population within the incorporated portion of
the county.
(c) "Change in population" for a school district means the change
in average daily attendance between the year prior to that for which
the appropriations limit is being computed and the year for which the
appropriations limit is being computed, using the average daily
attendance as defined in Section 7906.
(d) "Change in population" for a community college district means
the number resulting when the average daily attendance reported by
the community college district for state apportionment funding
purposes computed pursuant to Article 2 (commencing with Section
84520) of Chapter 4 of Part 50 of the Education Code is divided by
the similarly computed average daily attendance for the previous
year.
(e) "Local agency" means a city, county, city and county, special
district, authority or other political subdivision of the state,
except a school district, community college district, or county
superintendent of schools. The term "special district" shall not
include any district which (1) existed on January 1, 1978, and did
not possess the power to levy a property tax at that time or did not
levy or have levied on its behalf, an ad valorem property tax rate on
all taxable property in the district on the secured roll in excess
of 121/2 cents per $100 of assessed value for the 1977-78 fiscal
year, or (2) existed on January 1, 1978, or was thereafter created by
a vote of the people, and is totally funded by revenues other than
the proceeds of taxes as defined in subdivision (c) of Section 8 of
Article XIIIB of the California Constitution.
If a special district levied, or had levied on its behalf,
different property tax rates for the 1977-78 fiscal year depending on
which area or zone within the district boundaries property was
located, it shall be deemed not to have levied a secured property tax
rate in excess of 121/2 cents per $100 of assessed value if the
total revenue derived from the ad valorem property tax levied by or
for the district for 1977-78, divided by the total amount of taxable
assessed valuation within the district's boundaries for 1977-78, does
not exceed .00125.
(f) "School district" means an elementary, high school, or unified
school district.
(g) "Local jurisdiction" means a local agency, school district,
community college district, or county superintendent of schools.
(h) As used in Section 2 and subdivision (b) of Section 3 of
Article XIII B, "revenues" means all tax revenues and the proceeds to
a local jurisdiction or the state received from (1) regulatory
licenses, user charges, and user fees to the extent that those
proceeds exceed the costs reasonably borne by that entity in
providing the regulation, product, or service, and (2) the investment
of tax revenues as described in subdivision (i) of Section 8 of
Article XIIIB. For a local jurisdiction, revenues and appropriations
shall also include subventions, as defined in Section 7903, and with
respect to the state, revenues and appropriations shall exclude
those subventions.
(i) (1) "Proceeds of taxes" shall not include proceeds to a local
jurisdiction or the state from regulatory licenses, user charges, or
user fees except to the extent that those proceeds exceed the costs
reasonably borne by that entity in providing the regulation, product,
or service.
(2) "Proceeds of taxes" also does not include the proceeds
received by a local jurisdiction from a license tax imposed pursuant
to Section 25149.5 of the Health and Safety Code or a tax or fee
imposed pursuant to Section 25173.5 of the Health and Safety Code on
the operation of a hazardous waste facility, or the proceeds received
by a local jurisdiction from a surcharge which is collected by a
regional disposal facility, as authorized pursuant to Section 115255
of the Health and Safety Code to the extent that these proceeds of
the license tax, tax, fee, or surcharge are expended for costs or
increased burdens on local jurisdictions which are associated with
the hazardous waste facility or regional disposal facility. These
costs or burdens include, but are not limited to, general fund
expenses, the improvement and maintenance of roads and bridges, fire
protection, emergency medical response, law enforcement, air and
groundwater monitoring, epidemiological studies, emergency response
training, and equipment related to the hosting of the hazardous waste
facility or regional disposal facility.
SEC. 84. Section 8607.2 of the Government Code is amended to read:
8607.2. (a) All public water systems, as defined in subdivision
(f) of Section 116275 of the Health and Safety Code, with 10,000 or
more service connections shall review and revise their disaster
preparedness plans in conjunction with related agencies, including,
but not limited to, local fire departments and the office to ensure
that the plans are sufficient to address possible disaster scenarios.
These plans should examine and review pumping station and
distribution facility operations during an emergency, water pressure
at both pumping stations and hydrants, and whether there is
sufficient water reserve levels and alternative emergency power,
including, but not limited to, onsite backup generators and portable
generators.
(b) All public water systems, as defined in subdivision (f) of
Section 116275 of the Health and Safety Code, with 10,000 or more
service connections following a declared state of emergency shall
furnish an assessment of their emergency response and recommendations
to the Legislature within six months after each disaster, as well as
implementing the recommendations in a timely manner.
(c) By December 1, 1996, the Office of Emergency Services shall
establish appropriate and insofar as practical, emergency response
and recovery plans, including mutual aid plans, in coordination with
public water systems, as defined in subdivision (f) of Section 116275
of the Health and Safety Code, with 10,000 or more service
connections.
SEC. 85. Section 8610.5 of the Government Code is amended to read:
8610.5. (a) It is the intent of the Legislature that state and
local costs which are not reimbursed by federal funds shall be borne
by utilities operating nuclear powerplants with a generating capacity
of 50 megawatts or more. The Public Utilities Commission shall
develop and transmit to the Office of Emergency Services an equitable
method of assessing the utilities operating the powerplants for
their reasonable pro rata share of state agency costs. Each local
government involved shall submit a statement of its costs, as
required, to the Office of Emergency Services. Upon each utility's
notification by the Office of Emergency Services, from time to time,
of the amount of its share of the actual or anticipated state and
local agency costs, the utility shall pay this amount to the
Controller for deposit in the Nuclear Planning Assessment Special
Account, which is hereby created in the General Fund for allocation
by the Controller, upon appropriation by the Legislature, to carry
out activities pursuant to this section and Chapter 4 (commencing
with Section 114650) of Part 9 of Division 104 of the Health and
Safety Code. The Controller shall pay from this account the state
and local costs relative to carrying out this section and Chapter 4
(commencing with Section 114650) of Part 9 of Division 104 of the
Health and Safety Code, upon certification thereof by the Office of
Emergency Services.
(b) (1) The total annual reimbursement of state costs from the
utilities operating the nuclear powerplants within the state for
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code, shall not exceed the lesser of the actual costs or the maximum
funding levels, previously established by Section 1 of Chapter 1607
of the Statutes of 1988 as of December 31, 1993, subject to
subdivisions (d), (e), (f), and (g), to be shared equally among the
utilities.
(2) Of the initial amount of five hundred eighty-five thousand
dollars ($585,000) for state costs, as determined in paragraph (1),
for the period from January 1, 1994, to June 30, 1994, inclusive, the
sum of three hundred fifty thousand five hundred dollars ($350,500)
shall be in support of the Office of Emergency Services for
activities pursuant to this section and Chapter 4 (commencing with
Section 114650) of Part 9 of Division 104 of the Health and Safety
Code, and the sum of two hundred thirty-four thousand five hundred
dollars ($234,500) shall be in support of the State Department of
Health Services for activities pursuant to this section and Chapter 4
(commencing with Section 114650) of Part 9 of Division 104 of the
Health and Safety Code.
(3) Of the initial annual amount of one million two hundred
seventeen thousand dollars ($1,217,000) for state costs, as
determined in paragraph (1), for the 1994-95 fiscal year, the sum of
seven hundred twenty-nine thousand dollars ($729,000) shall be in
support of the Office of Emergency Services for activities pursuant
to this section and Chapter 4 (commencing with Section 114650) of
Part 9 of Division 104 of the Health and Safety Code, and the sum of
four hundred eighty-eight thousand dollars ($488,000) shall be in
support of the State Department of Health Services for activities
pursuant to this section and Chapter 4 (commencing with Section
114650) of Part 9 of Division 104 of the Health and Safety Code.
(c) (1) The total reimbursement for the period from January 1,
1994, to June 30, 1994, inclusive of local costs from the utilities
shall not exceed the lesser of the actual costs or the maximum
funding levels, on a site basis, previously established on a per
reactor basis by Section 1 of Chapter 1607 of the Statutes of 1988 as
of December 31, 1993, in support of activities pursuant to this
section and Chapter 4 (commencing with Section 114650) of Part 9 of
Division 104 of the Health and Safety Code. The maximum initial
annual amount available for reimbursement of local costs, subject to
subdivisions (d), (e), (f), and (g) of this section shall be three
hundred twelve thousand dollars ($312,000) for the Diablo Canyon site
and four hundred sixty-eight thousand dollars ($468,000) for the San
Onofre site.
(2) The total annual fiscal year reimbursement commencing July 1,
1994, of local costs from the utilities shall not exceed the lesser
of the actual costs or the maximum funding levels, on a site basis,
previously established on a per reactor basis by Section 1 of Chapter
1607 of the Statutes of 1988, in support of activities pursuant to
this section and Chapter 4 (commencing with Section 114650) of Part
9 of Division 104 of the Health and Safety Code. The maximum initial
annual amount available for reimbursement of local costs, subject to
subdivisions (d), (e), (f), and (g) of this section, shall be seven
hundred thousand dollars ($700,000) for the Diablo Canyon site and
nine hundred seventy-four thousand dollars ($974,000) for the San
Onofre site.
(3) The amounts paid by the utilities under this section shall be
allowed for ratemaking purposes by the Public Utilities Commission.
(d) The amounts available for reimbursement of state and local
costs as specified in this section shall be adjusted each fiscal year
by the percentage increase in the California Consumer Price Index of
the previous calendar year.
(e) Through the date specified in subdivision (g), the amounts
available for reimbursement of state and local costs as specified in
this section shall be cumulative biennially. Any unexpended funds
from the 1994-95 fiscal year shall be carried over to the 1995-96
fiscal year, and any unexpended funds from the 1996-97 fiscal year
shall be carried over to the 1997-98 fiscal year.
(f) For the Diablo Canyon site, beginning July 1, 1996,
the maximum annual amount for reimbursement of local costs
determined pursuant to subdivision (d) shall be increased by an
additional seventy-five thousand dollars ($75,000).
(g) This section shall become inoperative on July 1, 1999, and, as
of January 1, 2000, is repealed, unless a later enacted statute,
which becomes effective on or before July 1, 1999, deletes or extends
the dates on which it becomes inoperative and is repealed.
(h) Upon inoperation of this section, any amounts remaining in the
special account shall be refunded pro rata to the utilities
contributing thereto.
SEC. 86. Section 8870.95 of the Government Code is amended to
read:
8870.95. The Building Safety Board established in Section 129925
of the Health and Safety Code shall report annually to the Seismic
Safety Commission.
SEC. 87. Section 8894.1 of the Government Code is amended to read:
8894.1. This chapter shall not apply to potentially hazardous
(unreinforced masonry) buildings covered under Chapter 12.2
(commencing with Section 8875), any building covered under Chapter
13.4 (commencing with Section 8893), school buildings covered under
Article 3 (commencing with Section 39140) of Chapter 2 of the
Education Code, hospital buildings covered under Chapter 1
(commencing with Section 129675) of Part 7 of Division 107 of the
Health and Safety Code, and historical buildings covered under Part
2.7 (commencing with Section 18950) of Division 13 of the Health and
Safety Code.
SEC. 88. Section 11121 of the Government Code is amended to read:
11121. As used in this article "state body" means every state
board, or commission, or similar multimember body of the state that
is required by law to conduct official meetings and every commission
created by executive order, but does not include:
(a) State agencies provided for in Article VI of the California
Constitution.
(b) Districts or other local agencies whose meetings are required
to be open to the public pursuant to the Ralph M. Brown Act, (Chapter
9 (commencing with Section 54950) of Part 1 of Division 2 of Title
5).
(c) State agencies provided for in Article IV of the California
Constitution whose meetings are required to be open to the public
pursuant to the Grunsky-Burton Open Meeting Act (Sections 9027 to
9032, inclusive).
(d) State agencies when they are conducting proceedings pursuant
to Section 3596.
(e) State agencies provided for in Section 109260 of the Health
and Safety Code, except as provided in Section 109390 of the Health
and Safety Code.
(f) State agencies provided for in Section 11770.5 of the
Insurance Code.
SEC. 89. Section 14964 of the Government Code is amended to read:
14964. (a) The duties and functions formerly conducted by the
Office of the State Architect and the State Fire Marshal that relate
to hospital plan checking and construction inspection are hereby
transferred to the Office of Statewide Health Planning and
Development. These duties include, but are not limited to, those
specified in Division 12.5 (commencing with Section 16000) and
Chapter 1 (commencing with Section 129675) of Part 7 of Division 107
of the Health and Safety Code.
(b) The qualifications for the personnel reviewing fire and life
safety aspects of schools and hospitals within the Office of the
State Architect and the Office of Statewide Health Planning and
Development shall be the same as those qualifications required of
personnel formerly reviewing fire and life safety aspects of those
facilities within the Office of the State Fire Marshal. It shall
continue to be the responsibility of the State Fire Marshal to
provide a high level of ongoing professional development and training
for the personnel reviewing fire and life safety aspects of schools
and hospitals within the Office of the State Architect and the Office
of Statewide Health Planning and Development.
(c) The qualifications for the personnel reviewing and inspecting
structural safety aspects of hospitals at the Office of Statewide
Health Planning and Development shall be the same as those
qualifications required of personnel formerly reviewing and
inspecting structural safety aspects of hospitals at the Office of
the State Architect.
SEC. 90. Section 15438 of the Government Code is amended to read:
15438. Subject to the conditions, restrictions, and limitations
of Section 15438.1, the authority may do any of the following:
(a) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
(b) Adopt an official seal.
(c) Sue and be sued in its own name.
(d) Receive and accept from any agency of the United States or any
agency of the State of California or any municipality, county or
other political subdivision thereof, or from any individual,
association, or corporation gifts, grants, or donations of moneys for
achieving any of the purposes of this chapter.
(e) Engage the services of private consultants to render
professional and technical assistance and advice in carrying out the
purposes of this part.
(f) Determine the location and character of any project to be
financed under this part, and to acquire, construct, enlarge,
remodel, renovate, alter, improve, furnish, equip, fund, finance,
own, maintain, manage, repair, operate, lease as lessee or lessor and
regulate the same, to enter into contracts for any or all of those
purposes, to enter into contracts for the management and operation of
a project or other health facilities owned by the authority, and to
designate a participating health institution as its agent to
determine the location and character of a project undertaken by that
participating health institution under this chapter and as the agent
of the authority, to acquire, construct, enlarge, remodel, renovate,
alter, improve, furnish, equip, own, maintain, manage, repair,
operate, lease as lessee or lessor and regulate the same, and as the
agent of the authority, to enter into contracts for any or all of
those purposes, including contracts for the management and operation
of that project or other health facilities owned by the authority.
(g) Acquire, directly or by and through a participating health
institution as its agent, by purchase solely from funds provided
under the authority of this part, or by gift or devise, and to sell,
by installment sale or otherwise, any lands, structures, real or
personal property, rights, rights-of-way, franchises, easements, and
other interests in lands, including lands lying under water and
riparian rights, which are located within the state the authority
determines necessary or convenient for the acquisition, construction,
or financing of a health facility or the acquisition, construction,
financing, or operation of a project, upon the terms and at the
prices considered by the authority to be reasonable and which can be
agreed upon between the authority and the owner thereof, and to take
title thereto in the name of the authority or in the name of a
participating health institution as its agent.
(h) Receive and accept from any source loans, contributions, or
grants for, or in aid of, the construction, financing, or refinancing
of a project or any portion of a project in money, property, labor,
or other things of value.
(i) Make secured or unsecured loans to, or purchase secured or
unsecured loans of, any participating health institution in
connection with the financing of a project or working capital in
accordance with an agreement between the authority and the
participating health institution. However, no loan to finance a
project shall exceed the total cost of the project, as determined by
the participating health institution and approved by the authority.
(j) Make secured or unsecured loans to, or purchase secured or
unsecured loans of, any participating health institution in
accordance with an agreement between the authority and the
participating health institution to refinance indebtedness incurred
by that participating health institution in connection with projects
undertaken or for health facilities acquired or for working capital
financed prior to or after January 1, 1980.
(k) Mortgage all or any portion of interest of the authority in a
project or other health facilities and the property on which that
project or other health facilities are located whether owned or
thereafter acquired including the granting of a security interest in
any property, tangible or intangible, and to assign or pledge all or
any portion of the interests of the authority in mortgages, deeds of
trust, indentures of mortgage or trust or similar instruments, notes,
and security interests in property, tangible or intangible, of
participating health institutions to which the authority has made
loans, and the revenues therefrom, including payments or income from
any thereof owned or held by the authority, for the benefit of the
holders of bonds issued to finance the project or health facilities
or issued to refund or refinance outstanding indebtedness of
participating health institutions as permitted by this part.
(l) Lease to a participating health institution the project being
financed or other health facilities conveyed to the authority in
connection with that financing, upon the terms and conditions the
authority determines proper, and to charge and collect rents therefor
and to terminate the lease upon the failure of the lessee to comply
with any of the obligations of the lease; and to include in that
lease, if desired, provisions granting the lessee options to renew
the term of the lease for the period or periods and at the rent, as
determined by the authority, to purchase any or all of the health
facilities or that upon payment of all of the indebtedness incurred
by the authority for the financing of that project or health
facilities or for refunding outstanding indebtedness of a
participating health institution, then the authority may convey any
or all of the project or the other health facilities to the lessee or
lessees thereof with or without consideration.
(m) Charge and equitably apportion among participating health
institutions, the administrative costs and expenses incurred by the
authority in the exercise of the powers and duties conferred by this
part.
(n) Obtain, or aid in obtaining, from any department or agency of
the United States or of the State of California or any private
company, any insurance or guarantee as to, or of, or for the payment
or repayment of, interest or principal, or both, or any part thereof,
on any loan, lease, or obligation, or any instrument evidencing or
securing the loan, lease, or obligation, made or entered into
pursuant to this part; and notwithstanding any other provisions of
this part, to enter into any agreement, contract, or any other
instrument whatsoever with respect to that insurance or guarantee, to
accept payment in the manner and form as provided therein in the
event of default by a participating health institution, and to assign
that insurance or guarantee as security for the authority's bonds.
(o) Enter into any and all agreements or contracts, including
agreements for liquidity and credit enhancement, interest rate swaps
or hedges, execute any and all instruments, and do and perform any
and all acts or things necessary, convenient, or desirable for the
purposes of the authority or to carry out any power expressly granted
by this part.
(p) Invest any moneys held in reserve or sinking funds, or any
moneys not required for immediate use or disbursement, at the
discretion of the authority, in any obligations authorized by the
resolution authorizing the issuance of the bonds secured thereof or
authorized by law for the investment of trust funds in the custody of
the Treasurer.
(q) Establish and maintain a reciprocal insurance company or an
insurance program that shall be treated and licensed as a reciprocal
insurance company for regulatory purposes under the Insurance Code on
behalf of one or more participating health institutions, to provide
for payment of judgments, settlement of claims, expense, loss and
damage that arises, or is claimed to have arisen, from any act or
omission of, or attributable to, the participating health institution
or any nonprofit organization controlled by, or controlling or under
common control with, the participating health institution, their
employees, agents or others for whom they may be held responsible, in
connection with any liability insurance (including medical
malpractice); set premiums, ascertain loss experience and expenses
and determine credits, refunds, and assessments; and establish limits
and terms of coverage; and engage any expert or consultant it deems
necessary or appropriate to manage or otherwise assist with the
insurance company or program; and pay any expenses in connection
therewith; and contract with the participating health institution or
institutions for insurance coverage from the insurance company or
program and for the payment of any expenses in connection therewith
including any bonds issued to fund or finance the insurance company
or program.
(r) Provide funding for self-insurance for participating health
institutions. However, there shall be no pooling of liability risk
among participating health institutions except as provided in
subdivision (f) of Section 15438.5.
(s) (1) Make grants-in-aid to any participating small or rural
hospital, as defined in Section 124840 of the Health and Safety Code,
in connection with the financing of a project or for working capital
in accordance with an agreement between the authority and the
hospital. However, no grant to finance a project shall exceed the
total cost of the project, as determined by the hospital and approved
by the authority.
(2) Make grants-in-aid to any small or rural hospital, as defined
in Section 124840 of the Health and Safety Code, in accordance with
an agreement between the authority and the hospital to discharge
indebtedness incurred by the hospital in connection with projects
undertaken, for health facilities acquired, or for working capital
financed prior to the effective date of this subdivision.
(3) Grants shall be made pursuant to this subdivision only from
HELP Program funds, not to exceed eight hundred seventy thousand
dollars ($870,000). In consultation with representatives of the
hospital industry and other affected parties, the authority shall
develop a process and criteria for making grants under this
subdivision, including obtaining legal opinions on appropriateness of
grants to private facilities for capital outlay purposes.
SEC. 91. Section 15438.1 of the Government Code is amended to
read:
15438.1. (a) No project shall be eligible for approval under this
part unless a certificate of need has first been obtained pursuant
to Chapter 1 (commencing with Section 127125) of Part 2 of Division
107 of the Health and Safety Code, a certificate of exemption has
been obtained pursuant to those provisions, or the project is
otherwise exempt from certificate of need or certificate of exemption
review and approval.
(b) Notwithstanding any other provision of law, on and after
January 1, 1987, subdivision (a) is indefinitely suspended. The
suspension shall remain in effect for as long as the suspension
specified in subdivision (a) of Section 127300 of the Health and
Safety Code continues in existence.
SEC. 92. Section 24306.5 of the Government Code is amended to
read:
24306.5. In any county with a population of over 1,350,000 and
not over 1,420,000 as determined by the 1970 federal decennial
census, the board of supervisors may consolidate pursuant to
ordinance or charter two or more offices, including the office of
health officer, in order to integrate the delivery of health-related
services within the county. The occupant of the consolidated office
need not possess any of the particular qualifications required of the
occupant of any of the separate offices that are consolidated if:
(a) No qualification applies to all of the offices consolidated;
and
(b) The board finds that sufficient personnel possessing the
particular qualifications required are employed in the consolidated
office to assure that decisions made by the occupant of the office
are based upon competent professional advice. The enforcement duties
described in Sections 101030 and 101040 of the Health and Safety
Code shall be discharged by a licensed physician and surgeon with the
title of health officer. The health officer's enforcement
responsibility is limited to decisions requiring technical medical
judgments.
This section does not permit the occupant of the consolidated
office to practice any profession or trade for the practice of which
a license, permit or registration is required without the license,
permit, or registration.
SEC. 93. Section 25852 of the Government Code is amended to read:
25852. (a) All revenues generated from the emergency mosquito
abatement standby charge ordinance shall be deposited in a separate
emergency mosquito abatement trust account in the county treasury,
except that the county may retain an amount not to exceed the actual
costs of performing the duties required by Section 25853.
(b) The trust account shall not exceed fifty thousand dollars
($50,000) or 25 percent of the county's expenditures for the
operation and maintenance of its mosquito abatement program in the
immediately preceding fiscal year, whichever is greater, except that
the trust account may exceed these limits by the amount of interest
earned.
(c) (1) The emergency mosquito abatement trust account shall be
used solely for the abatement and extermination of mosquitoes, except
that the county may use 50 percent of any interest earned on the
trust account for its regular mosquito abatement programs. However,
the board of supervisors may, on or before June 30, appropriate not
more than 50 percent of any interest earned on the trust account to
the Mosquitoborne Disease Surveillance Account in the General Fund,
that is hereby created. Counties that agree to contribute to the
Mosquitoborne Disease Surveillance Account shall enter into a
cooperative agreement pursuant to subdivision (c) of Section 116180
of the Health and Safety Code. The funds deposited in the
Mosquitoborne Disease Surveillance Account shall be available for
expenditure, when appropriated by the Legislature, by the State
Department of Health Services to support those mosquitoborne disease
field and laboratory surveillance activities that are needed to carry
out this article. The department shall not commit expenditures for
the mosquitoborne disease field and laboratory surveillance
activities unless the funds deposited in the Mosquitoborne Disease
Surveillance Account are sufficient for the ensuing fiscal year.
(2) If the Department of Finance determines that the amount in the
Mosquitoborne Disease Surveillance Account exceeds the amount
required for the ensuing fiscal year, plus a reserve of fifty
thousand dollars ($50,000), the excess shall be returned to the
counties contributing the same in the proportion that the counties
contributed it. The funds shall be deposited in the county emergency
mosquito abatement trust account for use as otherwise provided in
this article.
(3) The Legislature finds and declares that the use of county
funds for mosquitoborne disease surveillance serves a public purpose
of a county, as well as a public purpose of the state, within the
meaning of Section 6 of Article XVI of the California Constitution.
(d) The county shall not spend any part of the principal of the
emergency mosquito abatement trust account unless the State Director
of Health Services has declared that the public health and safety
are, or may be, threatened by an unabated outbreak of mosquitoes in a
portion or all of the territory within the county, or that
conditions require emergency preventive mosquito abatement work, and
that the expenditure is necessary to protect the public health and
safety.
(e) The department shall adopt emergency regulations to implement,
interpret, or make specific the provisions of this article,
including, but not limited to, conditions under which the principal
of the emergency mosquito abatement trust account may be expended and
criteria for determining if the county has established adequate
emergency mosquito abatement procedures.
(f) Nothing in this section shall be construed as an alternative
for the abatement procedures authorized by Article 4 (commencing with
Section 2270) of Chapter 5 of Division 3 of the Health and Safety
Code.
(g) Nothing in this section shall be construed as an alternative
for the abatement procedures authorized by a county ordinance, or for
an agreement for mosquito abatement between a county and a parcel
owner.
SEC. 94. Section 26857 of the Government Code is amended to read:
26857. No fee shall be charged by the clerk for service rendered
in any criminal action or, except as otherwise provided in Section
103730 of the Health and Safety Code, in any adoption proceeding, nor
shall any fees be charged for any service to the state. No fee
shall be charged by the clerk for service rendered in any juvenile
court proceeding or proceeding to declare a minor free from parental
custody or control. No fee shall be charged by the clerk for service
rendered to any municipality or county in the state, or to the
national government, nor for any service relating thereto.
SEC. 95. Section 26859 of the Government Code is amended to read:
26859. At the time of filing of each initial petition for
dissolution of marriage, legal separation, or nullity, the petitioner
shall pay a fee of two dollars ($2) to the county clerk for the
costs of complying with Chapter 10 (commencing with Section 103200)
of Part 1 of Division 102 of the Health and Safety Code.
The county clerk shall pay one-half of all those fees to the State
Registrar of Vital Statistics each month. The State Registrar shall
transmit those sums to the State Treasurer for deposit in the
General Fund.
SEC. 96. Section 27491.41 of the Government Code is amended to
read:
27491.41. (a) For purposes of this section, "sudden infant death
syndrome" means the sudden death of any infant that is unexpected by
the history of the infant and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
(b) The Legislature finds and declares that sudden infant death
syndrome (SIDS) is the leading cause of death for children under age
one, striking one out of every 500 children. The Legislature finds
and declares that sudden infant death syndrome is a serious problem
within the State of California, and that public interest is served by
research and study of sudden infant death syndrome, and its
potential causes and indications.
(c) To facilitate these purposes, the coroner shall, within 24
hours, or as soon thereafter as feasible, perform an autopsy in any
case where an infant has died suddenly and unexpectedly.
(d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of Health Services. The
protocol is exempt from the procedural requirements pertaining to the
adoption of administrative rules and regulations pursuant to Article
2 (commencing with Section 11342) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code. The protocol shall be
developed and approved by July 1, 1990.
(e) The protocol shall be followed by all coroners throughout the
state when conducting the autopsies required by this section. The
coroner shall state on the certificate of death that sudden infant
death syndrome was the cause of death when the coroner's findings are
consistent with the definition of sudden infant death syndrome
specified in the standardized autopsy protocol. The protocol may
include requirements and standards for scene investigations,
requirements for specific data, criteria for ascertaining cause of
death based on the autopsy, and criteria for any specific tissue
sampling, and any other requirements. The protocol may also require
that specific tissue samples must be provided to a central tissue
repository designated by the State Department of Health Services.
(f) The State Department of Health Services shall establish
procedures and protocols for access by researchers to any tissues, or
other materials or data authorized by this section. Research may be
conducted by any individual with a valid scientific interest and
prior approval from the State Committee for the Protection of Human
Subjects. The tissue samples, the materials, and all data shall be
subject to the confidentiality requirements of Section 103850 of the
Health and Safety Code.
(g) The coroner may take tissue samples for research purposes from
infants who have died suddenly and unexpectedly without consent of
the responsible adult if the tissue removal is not likely to result
in any visible disfigurement.
(h) A coroner shall not be liable for damages in a civil action
for any act or omission done in compliance with this section.
(i) No consent of any person is required prior to undertaking the
autopsy required by this section. However, if the physician of
record certifies the cause of death is sudden infant death syndrome
and the parents object to an autopsy on religious or ethical grounds,
no autopsy shall be required.
SEC. 97. Section 27504.1 of the Government Code is amended to
read:
27504.1. If the findings are that the deceased met his or her
death at the hands of another, the coroner shall, in addition to
filing with the county clerk, transmit his or her written findings to
the district attorney, the police agency wherein the dead body was
recovered, and any other police agency requesting copies of the
findings.
The findings and conclusions provided for in this article shall be
sufficient to satisfy the cause of death information required in
death certificates under Section 102875 of the Health and Safety
Code.
SEC. 98. Section 33202 of the Government Code is amended to read:
33202. If the county health department or the administration of
county health functions are not under the direction of the health
officer, the county board of supervisors shall ensure that the health
officer has sufficient authority and resources and the
organizational structure does not impede the health officer from
carrying out the duties required under Section 100575 of, Chapter 1
(commencing with Section 101000) of Part 3 of Division 101 of,
Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of
Division 101 of, Chapter 2 (commencing with
Section 123150) of Part 1 of Division 106 of, and
Sections 123740 and 123745 of, the Health and Safety Code.
SEC. 99. Section 54985 of the Government Code is amended to read:
54985. (a) Notwithstanding any other provision of law that
prescribes an amount or otherwise limits the amount of a fee or
charge that may be levied by a county, a county service area, or a
county waterworks district governed by a county board of supervisors,
a county board of supervisors shall have the authority to increase
or decrease the fee or charge, that is otherwise authorized to be
levied by another provision of law, in the amount reasonably
necessary to recover the cost of providing any product or service or
the cost of enforcing any regulation for which the fee or charge is
levied. The fee or charge may reflect the average cost of providing
any product or service or enforcing any regulation. Indirect costs
that may be reflected in the cost of providing any product or service
or the cost of enforcing any regulation shall be limited to those
items that are included in the federal Office of Management and
Budget Circular A-87 on January 1, 1984.
(b) If any person disputes whether a fee or charge levied pursuant
to subdivision (a) is reasonable, the board of supervisors may
request the county auditor to conduct a study and to determine
whether the fee or charge is reasonable.
Nothing in this subdivision shall be construed to mean that the
county shall not continue to be subject to fee review procedures
required by Article XIII B of the California Constitution.
(c) This chapter shall not apply to any of the following:
(1) Any fee charged or collected by a court clerk pursuant to
Section 26820.4, 26823, 26824, 26826, 26827, 26827.4, 26830, 72054,
72055, 72056, 72059, 72060, or 72061 of the Government Code or
Section 103470 of the Health and Safety Code, and any other fee or
charge that may be assessed, charged, collected, or levied, pursuant
to law for filing judicial documents or for other judicial functions.
(2) Any fees charged or collected pursuant to Chapter 2
(commencing with Section 6100) of Division 7 of Title 1.
(3) Any standby or availability assessment or charge.
(4) Any fee charged or collected by a county agricultural
commissioner.
(5) Any fee charged or collected pursuant to Article 2.1
(commencing with Section 12240) of Chapter 2 of Division 5 of the
Business and Professions Code.
(6) Any fee charged or collected by a county recorder or local
registrar for filing, recording, or indexing any document, performing
any service, issuing any certificate, or providing a copy of any
document pursuant to Section 2103 of the Code of Civil Procedure,
Section 27361, 27361.1, 27361.2, 27361.3, 27361.4, 27361.8, 27364,
27365, or 27366 of the Government Code, Section 103625 of the Health
and Safety Code, or Section 9407 of the Uniform Commercial Code.
(7) Any fee charged or collected pursuant to Article 7 (commencing
with Section 26720) of Chapter 2 of Part 3 of Division 2 of Title 3
of the Government Code.
SEC. 100. Section 65352 of the Government Code is amended to read:
65352. (a) Prior to action by a legislative body to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:
(1) Any city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly
affected by the proposed action, as determined by the planning
agency.
(2) Any elementary, high school, or unified school district within
the area covered by the proposed action.
(3) The local agency formation commission.
(4) Any areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
(5) Any federal agency if its operations or lands within its
jurisdiction may be significantly affected by the proposed action, as
determined by the planning agency.
(6) Any public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections, that
serves water to customers within the area covered by the proposal.
The public water system shall have at least 45 days to comment on the
proposed plan, in accordance with subdivision (b), and to provide
the planning agency with the information set forth in Section
65352.5.
(7) The Bay Area Air Quality Management District for a proposed
action within the boundaries of the district.
(b) Each entity receiving a proposed general plan or amendment of
a general plan pursuant to this section shall have 45 days from the
date the referring agency mails it or delivers it in which to comment
unless a longer period is specified by the planning agency.
(c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the other entities specified in this
section does not affect the validity of the action, if adopted.
(2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section 65919),
the requirements of Chapter 4.4 shall prevail.
SEC. 101. Section 65352.5 of the Government Code is amended to
read:
65352.5. (a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between California'
s water supply agencies and California's land use approval agencies
to ensure that proper water supply planning occurs in order to
accommodate projects that will result in increased demands on water
supplies.
(b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of existing and
planned future water supplies to meet existing and planned future
demands on these water supplies.
(c) Upon receiving, pursuant to Section 65352, notification of a
city's or a county's proposed action to adopt or substantially amend
a general plan, a public water system, as defined in Section 116275
of the Health and Safety Code, with 3,000 or more service
connections, shall provide the planning agency with the following
information, as is appropriate and relevant:
(1) The current version of its urban water management plan,
adopted pursuant to Part 2.6 (commencing with Section 10610) of
Division 6 of the Water Code.
(2) The current version of its capital improvement program or
plan, as reported pursuant to Section 31144.73 of the Water Code.
(3) A description of the source or sources of the total water
supply currently available to the water supplier by water right or
contract, taking into account historical data concerning wet, normal,
and dry runoff years.
(4) A description of the quantity of surface water that was
purveyed by the water supplier in each of the previous five years.
(5) A description of the quantity of groundwater that was purveyed
by the water supplier in each of the previous five years.
(6) A description of all proposed additional sources of water
supplies for the water supplier, including the estimated dates by
which these additional sources should be available and the quantities
of additional water supplies that are being proposed.
(7) A description of the total number of customers currently
served by the water supplier, as identified by the following
categories and by the amount of water served to each category:
(A) Agricultural users.
(B) Commercial users.
(C) Industrial users.
(D) Residential users.
(8) Quantification of the expected reduction in total water
demand, identified by each customer category set forth in paragraph
(7), associated with future implementation of water use reduction
measures identified in the water supplier's urban water management
plan.
(9) Any additional information that is relevant to determining the
adequacy of existing and planned future water supplies to meet
existing and planned future demands on these water supplies.
SEC. 102. Section 65962.5 of the Government Code is amended to
read:
65962.5. (a) The Department of Toxic Substances Control shall
compile and update as appropriate, but at least annually, and shall
submit to the Secretary for Environmental Protection, a list of all
of the following:
(1) All hazardous waste facilities subject to corrective action
pursuant to Section 25187.5 of the Health and Safety Code.
(2) All land designated as hazardous waste property or border zone
property pursuant to Article 11 (commencing with Section 25220) of
Chapter 6.5 of Division 20 of the Health and Safety Code.
(3) All information received by the Department of Toxic Substances
Control pursuant to Section 25242 of the Health and Safety Code on
hazardous waste disposals on public land.
(4) All sites listed pursuant to Section 25356 of the Health and
Safety Code.
(5) All sites included in the Abandoned Site Assessment Program.
(b) The State Department of Health Services shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all public
drinking water wells that contain detectable levels of organic
contaminants and that are subject to water analysis pursuant to
Section 116395 of the Health and Safety Code.
(c) The State Water Resources Control Board shall compile and
update as appropriate, but at least annually, and shall submit to the
Secretary for Environmental Protection, a list of all of the
following:
(1) All underground storage tanks for which an unauthorized
release report is filed pursuant to Section 25295 of the Health and
Safety Code.
(2) All solid waste disposal facilities from which there is a
migration of hazardous waste and for which a California regional
water quality control board has notified the Department of Toxic
Substances Control pursuant to subdivision (e) of Section 13273 of
the Water Code.
(3) All cease and desist orders issued after January 1, 1986,
pursuant to Section 13301 of the Water Code, and all cleanup or
abatement orders issued after January 1, 1986, pursuant to Section
13304 of the Water Code, that concern the discharge of wastes that
are hazardous materials.
(d) The local enforcement agency, as designated pursuant to
Section 18051 of Title 14 of the California Code of Regulations,
shall compile as appropriate, but at least annually, and shall submit
to the California Integrated Waste Management Board, a list of all
solid waste disposal facilities from which there is a known migration
of hazardous waste. The California Integrated Waste Management
Board shall compile the local lists into a statewide list, which
shall be submitted to the Secretary for Environmental Protection and
shall be available to any person who requests the information.
(e) The Secretary for Environmental Protection shall consolidate
the information submitted pursuant to this section and distribute it
in a timely fashion to each city and county in which sites on the
lists are located. The secretary shall distribute the information to
any other person upon request. The secretary may charge a
reasonable fee to persons requesting the information, other than
cities, counties, or cities and counties, to cover the cost of
developing, maintaining, and reproducing and distributing the
information.
(f) Before a lead agency accepts as complete an application for
any development project which will be used by any person, the
applicant shall consult the lists sent to the appropriate city or
county and shall submit a signed statement to the local agency
indicating whether the project and any alternatives are located on a
site that is included on any of the lists compiled pursuant to this
section and shall specify any list. If the site is included on a
list, and the list is not specified on the statement, the lead agency
shall notify the applicant pursuant to Section 65943. The statement
shall read as follows:
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
The development project and any alternatives proposed in this
application are contained on the lists compiled pursuant to Section
65962.5 of the Government Code. Accordingly, the project applicant
is required to submit a signed statement that contains the following
information:
Name of applicant: Address: Phone number: Address of site (street
name and number if available, and ZIP Code): Local agency
(city/county): Assessor's book, page, and parcel number: Specify
any list pursuant to Section 65962.5 of the Government Code:
Regulatory identification number: Date of list:
_________________________
Applicant, Date
(g) The changes made to this section by the act amending this
section, that takes effect January 1, 1992, apply only to projects
for which applications have not been deemed complete on or before
January 1, 1992, pursuant to Section 65943.
SEC. 103. Section 66013 of the Government Code is amended to read:
66013. (a) Notwithstanding any other provision of law, when a
local agency imposes fees for water connections or sewer connections,
or imposes capacity charges, those fees or charges shall not exceed
the estimated reasonable cost of providing the service for which the
fee or charge is imposed, unless a question regarding the amount of
the fee or charge imposed in excess of the estimated reasonable cost
of providing the services or materials is submitted to, and approved
by, a popular vote of two-thirds of those electors voting on the
issue.
(b) As used in this section:
(1) "Sewer connection" means the connection of a building to a
public sewer system.
(2) "Water connection" means the connection of a building to a
public water system, as defined in subdivision (f) of Section 116275
of the Health and Safety Code.
(3) "Capacity charges" means charges for facilities in existence
at the time the charge is imposed or charges for new facilities to be
constructed in the future that are of benefit to the person or
property being charged.
(4) "Local agency" means a local agency as defined in Section
66000.
(c) Any judicial action or proceeding to attack, review, set
aside, void, or annul the ordinance, resolution, or motion imposing a
fee or capacity charge subject to this section shall be brought
pursuant to Section 66022.
SEC. 104. Section 784 of the Harbors and Navigation Code is
amended to read:
784. Nothing in this chapter is intended to affect the operation
of Section 117505 of the Health and Safety Code. The state board and
any regional board may also regulate nonsewage discharges excepting
vessel washdown water, liquid galley, shower, or bath waste, or water
discharges necessary for the propulsion or stability of a vessel.
SEC. 105. Section 27 of the Health and Safety Code, as added by
Chapter 28 of the Statutes of 1995, is amended and renumbered to
read:
28. For the purposes of this code, "recycled water" or "reclaimed
water" has the same meaning as recycled water as defined in
subdivision (n) of Section 13050 of the Water Code.
SEC. 106. Section 113 of the Health and Safety Code, as amended by
Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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, 113845, 114056, 114065, paragraph (2), of subdivision (c) of
Section 114090, 114140, subdivision (b) of Section 114290, 114367,
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 state
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 state 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.
SEC. 107. The heading of Chapter 1.155 (commencing with Section
199.65) of Part 1 of Division 1 of the Health and Safety Code is
amended and renumbered to read:
CHAPTER 10.5. AIDS EXPOSURE NOTIFICATION
SEC. 108. Section 199.65 of the Health and Safety Code is amended
and renumbered to read:
121130. (a) The Legislature finds and declares all of the
following:
(1) Early knowledge of HIV infection is important in order to
permit exposed persons to make informed health care decisions as well
as to take measures to reduce the likelihood of transmitting the
infection to others.
(2) Individual health care providers, agents and employees of
health care facilities and individual health care providers, and
first responders, including police, firefighters, rescue personnel,
and other persons who provide the first response to emergencies,
frequently come into contact with the blood and other potentially
infectious materials of individuals whose HIV infection status is not
known.
(3) Even if these exposed individuals use universal infection
control precautions to prevent HIV transmission, there will be
occasions when they experience significant exposure to the blood or
other potentially infectious materials of patients.
(b) Therefore, it is the intent of the Legislature to provide a
narrow exposure notification and information mechanism to permit
individual health care providers, the employees or contracted agents
of health care facilities and individual health care providers, and
first responders, who have experienced a significant exposure to the
blood or other potentially infectious materials of a patient, to
learn of the HIV infection status of the patient.
SEC. 109. Section 199.66 of the Health and Safety Code is amended
and renumbered to read:
121132. (a) "Attending physician of the source patient" means any
physician and surgeon licensed pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions Code
and any person licensed pursuant to the Osteopathic Initiative Act,
who provides health care services to the source patient.
Notwithstanding any other provision of this subdivision to the
contrary, the attending physician of the source patient shall include
any of the following persons:
(1) The private physician of the source patient.
(2) The physician primarily responsible for the patient who is
undergoing inpatient treatment in a hospital.
(3) A registered nurse or licensed nurse practitioner who has been
designated by the attending physician of the source patient.
(b) "Available blood or patient sample" means blood or other
tissue or material that was legally obtained in the course of
providing health care services, and is in the possession of the
physician or other health care provider of the source patient prior
to the exposure incident.
(c) "Certifying physician" means any physician consulted by the
exposed individual for the exposure incident. A certifying physician
shall have demonstrated competency and understanding of the then
applicable guidelines or standards of the Division of Occupational
Safety and Health.
(d) "Exposed individual" means any individual health care
provider, first responder, or any other person, including, but not
limited to, any employee, volunteer, or contracted agent of any
health care provider, who is exposed, within the scope of his or her
employment, to the blood or other potentially infectious materials of
a source patient.
(e) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, any person licensed pursuant to the Osteopathic
Initiative Act or the Chiropractic Initiative Act, any person
certified pursuant to Division 2.5 (commencing with Section 1797),
any clinic, health dispensary, or health facility licensed or exempt
from licensure pursuant to Division 2 (commencing with Section 1200),
any employee, volunteer, or contracted agent of any group practice
prepayment health care service plan regulated pursuant to the
Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2
(commencing with Section 1340) of Division 2), and any professional
student of one of the clinics, health dispensaries, or health care
facilities or health care providers described in this subdivision.
(f) "First responder" means police, firefighters, rescue
personnel, and any other person who provides emergency response,
first aid care, or other medically related assistance either in the
course of the person's occupational duties or as a volunteer.
(g) "Other potentially infectious materials" means those body
fluids identified by the Division of Occupational Safety and Health
as potentially capable of transmitting HIV.
(h) "Significant exposure" means direct contact with blood or
other potentially infectious materials of a patient in a manner that,
according to the then applicable guidelines of the Division of
Occupational Safety and Health, is capable of transmitting HIV.
(i) "Source patient" means any person receiving health care
services whose blood or other potentially infectious material has
been the source of a significant exposure to an exposed individual.
SEC. 110. Section 199.67 of the Health and Safety Code is amended
and renumbered to read:
121135. Notwithstanding Chapter 7 (commencing with Section
120975) or any other provision of law, the blood or other tissue or
material of a source patient may be tested, and an exposed individual
may be informed of the HIV status of the patient, if the exposed
individual and the health care facility, if any, have substantially
complied with the then applicable guidelines of the Division of
Occupational Safety and Health and the State Department of Health
Services and if the following procedure is followed:
(a) (1) Whenever an individual becomes an exposed individual by
experiencing an exposure to the blood or other potentially infectious
material of a patient during the course of rendering
health-care-related services or occupational services, the exposed
individual may request an evaluation of the exposure by a physician
to determine if it is a significant exposure as defined in
subdivision (h) of Section 121132. No physician or other exposed
individual shall certify his or her own significant exposure.
However, an employing physician may certify the exposure of one of
his or her employees. Requests for certification shall be made in
writing within 72 hours of the exposure.
(2) A written certification by a physician of the significance of
the exposure shall be obtained within 72 hours of the request. The
certification shall include the nature and extent of the exposure.
(b) (1) The exposed individual shall be counseled regarding the
likelihood of transmission, the limitations of an HIV test, the need
for followup testing, and the procedures that the exposed individual
must follow regardless of the HIV status of the source patient. The
exposed individual may be tested in accordance with the then
applicable guidelines or standards of the Division of Occupational
Safety and Health. The result of this test shall be confirmed as
negative before available blood or other patient samples of the
source patient may be tested for evidence of HIV infection without
the consent of the source patient pursuant to subdivision (d).
(2) Within 72 hours of certifying the exposure as significant, the
certifying physician shall provide written certification to an
attending physician of the source patient that a significant exposure
to an exposed individual has occurred, and shall request information
on the HIV status of the source patient and the availability of
blood or other patient sample. An attending physician shall respond
to the request for information within three working days.
(c) If the HIV status of the source patient is already known to be
positive, then, except as provided in subdivisions (b) and (c) of
Section 121010 when the exposed individual is a health care provider
or an employee or agent of the health care provider of the source
patient, an attending physician and surgeon of the source patient
shall attempt to obtain the consent of the source patient to disclose
to the exposed individual the HIV status of the source patient. If
the source patient cannot be contacted or refuses to consent to the
disclosure, then the exposed individual may be informed of the HIV
status of the source patient by an attending physician of the source
patient as soon as possible after the exposure has been certified as
significant, notwithstanding Section 120980 or any other provision
of law.
(d) If the HIV status of the source patient is unknown to the
certifying physician or an attending physician, if blood or other
patient samples are available, and if the exposed individual has
tested negative on a baseline HIV test, the source patient shall be
given the opportunity to give informed consent to an HIV test in
accordance with the following:
(1) Within 72 hours after receiving a written certification of
significant exposure, an attending physician of the source patient
shall do all of the following:
(A) Make a good faith effort to notify the source patient or the
authorized legal representative of the source patient about the
significant exposure. A good faith effort to notify includes, but is
not limited to, a documented attempt to locate the source patient by
telephone or by first-class mail with certificate of mailing. An
attempt to locate the source patient and the results of that attempt
shall be documented in the medical record of the source patient. An
inability to contact the source patient, or legal representative of
the source patient, after a good faith effort to do so as provided in
this subdivision, shall constitute a refusal of consent pursuant to
paragraph (2) .
(B) Attempt to obtain the voluntary informed consent of the source
patient or the authorized legal representative of the source patient
to perform an HIV test on the source patient or on any available
blood or patient sample of the source patient. The voluntary informed
consent shall be in writing. The source patient shall have the
option not to be informed of the test result. An exposed individual
shall be prohibited from attempting to obtain directly informed
consent for HIV testing from the source patient. If a source patient
is incapacitated and therefore is unable to provide informed consent
and has no authorized legal representative, then HIV testing on the
source patient or available blood or tissue of the source patient
shall not be permitted.
(C) Provide the source patient with medically appropriate pretest
counseling and refer the source patient to appropriate posttest
counseling and followup if necessary. The source patient shall be
offered medically appropriate counseling whether or not he or she
consents to testing.
(2) If the source patient or the authorized legal representative
of the source patient refuses to consent to an HIV test after a
documented effort has been made to obtain consent, then any available
blood or patient sample of the source patient may be tested. The
source patient or authorized legal representative of the source
patient shall be informed that an available blood sample or other
tissue or material will be tested despite his or her refusal, and
that the exposed individual shall be informed of the HIV test
results.
(3) A source patient or the authorized legal representative of a
source patient shall be advised that he or she shall be informed of
the results of the HIV test only if he or she wishes to be so
informed. If a patient refuses to provide informed consent to HIV
testing and refuses to learn the results of HIV testing, then he or
she shall sign a form documenting this refusal. The source patient's
refusal to sign this form shall be construed to be a refusal to be
informed of the HIV test results. HIV test results shall only be
placed in the medical record when the patient has agreed in writing
to be informed of the results.
(4) Notwithstanding any other provision of law, if the source
patient or authorized legal representative of a source patient
refuses to be informed of the results of the test, then the HIV test
results of that source patient shall only be provided to the exposed
individual in accordance with the then applicable regulations
established by the Division of Occupational Safety and Health.
(5) The source patient's identity shall be encoded on the HIV test
result record.
(e) If an exposed individual is informed of the HIV status of a
source patient pursuant to this section, the exposed individual shall
be informed that he or she is subject to existing confidentiality
protections for any identifying information about the HIV test
results, and that HIV-related medical information of the source
patient shall be kept confidential and may not be further disclosed,
except as otherwise authorized by law. The exposed individual shall
be informed of the penalties for which he or she would be personally
liable for violation of Section 120980.
(f) The costs for the HIV test and counseling of the exposed
individual, or the source patient, or both shall be borne by the
employer of the exposed individual, if any. An employer who directs
and controls the exposed individual shall provide the postexposure
evaluation and followup required by the California Division of
Occupational Safety and Health as well as the testing and counseling
for source patients required under this chapter. If an exposed
individual is a volunteer or a student, then the health care provider
or first responder that assigned a task to the volunteer or student
may pay for the costs of testing and counseling as if that volunteer
or student were an employee. If an exposed individual, who is not an
employee of a health facility or of another health care provider,
chooses to obtain postexposure evaluation or followup counseling, or
both, or treatment, then he or she shall be financially responsible
for the costs thereof and shall be responsible for the costs of the
testing and counseling for the source patient.
(g) Nothing in this section authorizes the disclosure of the
source patient's identity.
(h) Nothing in this section shall authorize a health care provider
to draw blood or other body fluids except as otherwise authorized by
law.
(i) The provisions of this section are cumulative only and shall
not preclude HIV testing of source patients as authorized by any
other provision of law.
SEC. 111. Section 199.68 of the Health and Safety Code is amended
and renumbered to read:
121140. (a) No health care provider, as defined in this chapter,
shall be subject to civil or criminal liability or professional
disciplinary action for performing an HIV test on the available blood
or patient sample of a source patient, or for disclosing the HIV
status of a source patient to the source patient, an attending
physician of the source patient, the certifying physician, the
exposed individual, or any attending physician of the exposed
individual, if the health care provider has acted in good faith in
complying with this chapter.
(b) Any health care provider or first responder, or any exposed
individual, who willfully performs or permits the performance of an
HIV test on a source patient, that results in economic, bodily, or
psychological harm to the source patient, without adhering to the
procedure set forth in this chapter is guilty of a misdemeanor,
punishable by imprisonment in the county jail for a period not to
exceed one year, or a fine not to exceed ten thousand dollars
($10,000), or by both.
SEC. 112. Section 305 of the Health and Safety Code, as added by
Chapter 873 of the Statutes of 1995, is amended and renumbered to
read:
125107. (a) For purposes of this section, "prenatal care provider"
means a licensed health care professional providing prenatal care
within his or her lawful scope of practice. This definition shall
not include a licensed health care professional who provides care
other than prenatal care to a pregnant patient.
(b) The prenatal care provider primarily responsible for providing
prenatal care to a pregnant patient shall offer human
immunodeficiency virus (HIV) information and counseling to every
pregnant patient. This information and counseling shall include, but
shall not be limited to, all of the following:
(1) A description of the modes of HIV transmission.
(2) A discussion of risk reduction behavior modifications
including methods to reduce the risk of perinatal transmission.
(3) Referral information to other HIV prevention and psychosocial
services, if appropriate, including anonymous and confidential test
sites approved by the Office of AIDS of the State Department of
Health Services.
(c) The prenatal care provider primarily responsible for providing
prenatal care to a pregnant patient shall offer an HIV test as
defined in Section 120775 to every pregnant patient, unless a
positive HIV test result is already documented in the patient's
medical record or the patient has AIDS as diagnosed by a physician.
The offering of an HIV test shall include discussion of all of the
following:
(1) The purpose of the test.
(2) The risks and benefits of the test.
(3) The voluntary nature of the test.
(d) If the pregnant woman voluntarily consents to testing, the
provider shall arrange for HIV testing directly or by referral,
including, but not limited to, referral to anonymous and confidential
test sites approved by the Office of AIDS of the State Department of
Health Services.
(e) The prenatal care provider primarily responsible for providing
prenatal care to a pregnant patient shall document in the patient's
medical record that HIV information and counseling has been offered.
The prenatal care provider shall also document the offering of the
HIV antibody test in the patient's medical record.
(f) Nothing in this section shall be construed to require testing,
the documentation or disclosure of whether the patient had an HIV
test, or the result of an HIV test except to the patient. Any
documentation or disclosure of HIV related information shall be made
in accordance with Chapter 7 (commencing with Section 120975) of Part
4 of Division 105 regarding confidentiality and informed consent.
SEC. 113. The heading of Article 3.35 (commencing with Section
319.50) of Chapter 2 of Part 1 of Division 1 of the Health and Safety
Code, as added by Chapter 463 of the Statutes of 1995, is amended
and renumbered to read:
Article 3. Breast Feeding
SEC. 114. Section 319.50 of the Health and Safety Code, as added
by Chapter 463 of the Statutes of 1995, is amended and renumbered to
read:
123360. The State Department of Health Services shall include in
its public service campaign the promotion of mothers breast feeding
their infants.
SEC. 115. Section 319.55 of the Health and Safety Code, as added
by Chapter 463 of the Statutes of 1995, is amended and renumbered to
read:
123365. (a) All general acute care hospitals, as defined in
subdivision (a) of Section 1250, and all special hospitals providing
maternity care, as defined in subdivision (f) of Section 1250, shall
make available a breast feeding consultant or alternatively, provide
information to the mother on where to receive breast feeding
information.
(b) The consultant may be a registered nurse with maternal and
newborn care experience, if available.
(c) The consultation shall be made available during the
hospitalization associated with the delivery, or alternatively, the
hospital shall provide information to the mother on where to receive
breast feeding information.
(d) The patient may decline this consultation or information.
SEC. 116. The heading of Article 3.55 (commencing with Section
330.10) of Chapter 2 of Part 1 of Division 1 of the Health and Safety
Code, as added by Chapter 674 of the Statutes of 1995, is amended
and renumbered to read:
Article 2.5. Infant Botulism Treatment and Prevention Program
SEC. 117. Section 330.10 of the Health and Safety Code, as added
by Chapter 674 of the Statutes of 1995, is amended and renumbered to
read:
123700. (a) Infant botulism is an acute, life-threatening
paralytic disease of babies caused by a potent bacterial neurotoxin.
(b) Half of all cases of infant botulism in the United States
occur in California, where the causative bacterial spores are known
to be highly endemic. In any given year between 30 and 50 infants
with botulism are hospitalized in California, thus qualifying infant
botulism as an "orphan disease" as defined by the federal Orphan Drug
Act of 1983 (P.L. 97-414, as amended).
(c) The cost of hospitalization of these afflicted babies for the
five years 1988-92 were approximately fourteen million dollars
($14,000,000). Over two million seven hundred thousand dollars
($2,700,000) of these costs were paid by the State Department of
Health Services through its Medi-Cal and California Children's
Services programs, while over one million four hundred thousand
($1,400,000) of these costs were absorbed as operating losses by
California hospitals.
(d) Hospital stay for these critically-ill infants averages five
weeks and costs approximately seventy thousand dollars ($70,000) per
case. In 1992 a single case was hospitalized over six months at a
cost in excess of five hundred five thousand dollars ($505,000). In
1988 a single infant was hospitalized for 10 months at a cost of over
six hundred thirty-five thousand dollars ($635,000).
(e) In an effort to reduce these costs, the State Department of
Health Services began in early 1992 a four-year clinical trial of a
potential new medicine, human Botulism Immune Globulin (BIG),
specifically designed for the treatment of infant botulism. The
funding for this clinical trial is being provided by the United
States Food and Drug Administration.
(f) As defined in the federal Orphan Drug Act, the State
Department of Health Services is the official sponsor of BIG. As
such, the department is responsible for providing and distributing an
ongoing supply of BIG to infant botulism patients nationwide if the
clinical trial shows that BIG is safe and effective treatment for
infant botulism. The clinical trial is expected to end in 1996.
(g) If human-derived BIG proves to be effective, then physicians
can choose to use it to treat foodborne botulism and wound botulism,
rather than using the existing horse-serum-derived botulism
antitoxin, which has serious side effects. Foodborne botulism and
wound botulism also qualify as "orphan diseases" under the federal
Orphan Drug Act.
(h) Other scientific evidence indicates that infant botulism and
related illnesses may be responsible for one of every 20 sudden
infant death cases in California. More sudden infant deaths occur in
California each year than in any other state.
(i) The Legislature finds and declares that the enactment of this
article is necessary for the protection of the public's health,
investigations and further research into the optimal medical
treatment of infant botulism, including product improvement of BIG,
and into the causes and prevention of infant botulism and related
sudden infant death cases, and providing expert medical consultation
for the care of infants with this disease.
SEC. 118. Section 330.15 of the Health and Safety Code, as added
by Chapter 674 of the Statutes of 1995, is amended and renumbered to
read:
123702. (a) The State Department of Health Services shall
establish an Infant Botulism Treatment and Prevention Unit. This
unit shall have responsibility for ensuring the production and
distribution of BIG to patients in California and nationwide
suspected of having infant botulism or other forms of human botulism
in accord with applicable federal law.
(b) As permitted by federal law, the state department shall charge
a fee for BIG, and the fees shall be deposited in the special Infant
Botulism Treatment and Prevention Fund established by Section
123709.
(c) Notwithstanding any other provision of law, the funds
generated by the sale of BIG are to be expended only for the purposes
authorized by this article.
(d) The amount of the fee shall be established by regulation and
periodically adjusted by the State Director of Health Services in
order to meet but not exceed the total costs of 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, except that upon adoption of the
adjusted fee by the director, the provision revising the fee shall be
filed with the Secretary of State and shall be printed in the
California Code of Regulations.
(e) It is the intent of the Legislature that the state department
consider providing BIG to low-income families at no charge.
SEC. 119. Section 330.20 of the Health and Safety Code, as added
by Chapter 674 of the Statutes of 1995, is amended and renumbered to
read:
123704. The Infant Botulism Treatment and Prevention Unit shall
provide all the following services:
(a) Produce, or cause to have produced, and maintain, a supply of
BIG sufficient to treat the expected number of annual cases of infant
botulism in the United States, and to store, or arrange storage for,
same.
(b) Distribute BIG to patients suspected of having infant botulism
or other forms of botulism in California and in the rest of the
United States on appropriate medical indications.
(c) Investigate ways to improve the treatment of infant botulism
and related illness, including technical improvement of BIG, and
implement them as appropriate.
(d) Provide diagnostic laboratory services and medical and public
health expertise about infant botulism and related illnesses to all
physicians, hospitals, laboratories, and parents statewide.
(e) Investigate all cases or suspected cases of infant botulism
with both field and laboratory techniques as appropriate, in order to
acquire the broadest data base for prevention and optimal treatment.
(f) Develop and implement control measures for the prevention of
infant botulism and related illnesses.
(g) Share with other public health agencies the expertise gained
in the development of BIG as it relates to other toxin-mediated
infectious diseases of public health importance, and apply that
expertise as appropriate.
(h) Establish scientific collaborations with university, forensic,
hospital, public health, pharmaceutical, and biotechnology
institutions, as appropriate as determined by the unit, that have
resources and expertise to contribute to the study, prevention, or
treatment of infant botulism and related illnesses.
SEC. 120. Section 330.25 of the Health and Safety Code, as added
by Chapter 674 of the Statutes of 1995, is amended and renumbered to
read:
123705. It is the intent of the Legislature that the program
carried out pursuant to this article shall be fully supported from
the fees collected for providing BIG to patients with suspected
infant botulism or other forms of botulism and that these fees be
made available for expenditure by the state department as
appropriated by the Legislature in the annual Budget Act. However,
it is the intent of the Legislature that until June 30, 1999, the
Legislature may appropriate in the annual Budget Act the funds
necessary for the support of programs authorized in this article in
excess of fee revenues collected. It is, further, the intent of the
Legislature that these appropriations be provided as a loan from the
General Fund to be repaid with interest to the General Fund over the
subsequent five years with interest at the rate earned by moneys
invested in the Pooled Money Investment Account.
SEC. 121. Section 330.30 of the Health and Safety Code, as added
by Chapter 674 of the Statutes of 1995, is amended and renumbered to
read:
123707. (a) If the results of the clinical trial do not qualify
BIG for product licensure by the United States Food and Drug
Administration, then this article shall become inoperative on the
date that the Commissioner of the United States Food and Drug
Administration or his or her delegate so notifies the State
Department of Health Services, and shall be repealed on January 1
following the receipt of the notice, unless a later enacted statute
operative on or before that date deletes or extends that date. The
director shall transmit a written notice to the Secretary of the
Senate and the Chief Clerk of the Assembly commemorating receipt of
the notice from the commissioner.
(b) Since the incidence of infant botulism in California can vary
by as much as 60 percent from year to year, and since continuity of
program operations is critical to the health and well-being of these
infants, any funds not expended at the end of the fiscal year shall
be carried forward into the next fiscal year, notwithstanding any
other provision of law.
(c) In carrying out this article, the Infant Botulism Treatment
and Prevention Unit may adopt regulations, make and receive grants,
and enter into contracts and interagency agreements.
SEC. 122. Section 330.35 of the Health and Safety Code, as added
by Chapter 674 of the Statutes of 1995, is amended and renumbered to
read:
123709. The Infant Botulism Treatment and Prevention Fund is
hereby established as a special fund in the State Treasury. All
moneys collected by the state department pursuant to this article
shall be deposited in the Infant Botulism Treatment and Prevention
Fund, and shall be made available to the state department for
expenditure for the purposes of this article as appropriated by the
Legislature in the annual Budget Act.
SEC. 123. The heading of Article 3.8 (commencing with Section
349.100) of Chapter 2 of Part 1 of Division 1 of the Health and
Safety Code, as added by Chapter 194 of the Statutes of 1995, is
amended to read:
CHAPTER 1.5. COMPREHENSIVE PERINATAL OUTREACH PROGRAM
SEC. 124. Section 349.100 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104560. There is established in the state department a
comprehensive perinatal outreach program.
SEC. 125. Section 349.101 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104561. A county or city and county may contract with the state
department to provide perinatal program coordination, patient
advocacy, and expanded access services for low-income pregnant and
postpartum women and women of childbearing age who are likely to
become pregnant integrated with the county's perinatal program.
SEC. 126. Section 349.102 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104562. A county that contracts with the state department for the
provision of public health services may contract with the state
department for the services described in Section 104561.
SEC. 127. Section 349.103 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104563. A county contracting with the state department pursuant
to this program shall supply, at a minimum, the following
information:
(a) The county's perinatal statistics.
(b) A description of current outreach, coordination, antismoking,
antialcohol, antidrug, and other related program activities,
including those funded through the Cigarette and Tobacco Products
Surtax Fund, relating to indigent pregnant women and women of
childbearing age in the county.
(c) A description of the additional activities and services to be
undertaken, and the number of women in each target subgroup which the
county proposes to reach with these funds.
(d) The proposed measures of success and a description of how the
county's overall effort, and this particular effort, will be
evaluated.
SEC. 128. Section 349.104 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104564. A county participating in this program shall maintain the
following services, supported by this program or from other sources,
to the extent funds are available:
(a) A coordinated and integrated system providing early outreach,
pregnancy screening, patient advocacy, targeted case management,
health education, and referral to drug and alcohol treatment and
perinatal care services to pregnant women.
(b) (1) A patient advocacy and education component that will reach
women from all target populations at least six months prior to, and
in the earliest stages of pregnancy, and provide information, health
screenings, and assistance in obtaining appropriate services.
(2) Patient advocates may arrange for prenatal care for eligible
pregnant women.
(c) In developing and implementing the program described in this
section each county shall obtain the involvement and participation of
local community organizations, including clinics and schools with
special expertise in the provision of health education, perinatal
care, and alcohol and drug treatment.
SEC. 129. Section 349.105 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104565. (a) Health education services shall be an integral part
of each county's program pursuant to Section 104564 to provide
coordinated services to pregnant and postpartum women.
(b) Services may be funded through the Unallocated Account in the
Cigarette and Tobacco Surtax Fund for purposes of this chapter,
including, but not limited to, all of the following:
(1) Outreach.
(2) Assessment of smoking status and exposure to secondhand smoke.
(3) Development and implementation of an individualized strategy
to prevent smoking and exposure to smoke during pregnancy and the
postpartum period, including counseling and advocacy services, public
health nursing services, provision of motivational messages,
cessation services, nonmonetary incentives to maintain a healthy
lifestyle, and other cessation or tobacco use prevention activities,
including child care or transportation in conjunction with those
activities.
(4) Provision of followup, reassessment, maintenance, and relapse
prevention services.
(c) The services provided pursuant to this section shall expand
and enhance the health education services provided under the
comprehensive perinatal services program and shall be coordinated
with other services provided to pregnant and postpartum women.
SEC. 130. Section 349.106 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104566. Funds from the Cigarette and Tobacco Products Surtax Fund
may be used in combination with funds from other sources if the
services provided to each person are documented and there is an
auditable connection to services.
SEC. 131. Section 349.107 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104567. The program shall develop protocols, procedures,
instructional materials, inservice training, data collection formats
and requirements, and reimbursement schedules where applicable for
the provision of tobacco education to pregnant and postpartum women.
SEC. 132. Section 349.108 of the Health and Safety Code, as added
by Chapter 194 of the Statutes of 1995, is amended and renumbered to
read:
104568. For purposes of this chapter, "outreach" includes, but is
not limited to, coordinated local systems of care-providing
pregnancy testing, screening for risk factors, care coordination,
referral to appropriate services, including, but not limited to,
alcohol and drug treatment, transportation, child care, patient
incentives, and assurance of continuous prenatal care including
recruitment and retention of physicians.
SEC. 133. Section 349.109 of the Health and Safety Code, as
amended by Chapter 199 of the Statutes of 1996, is amended and
renumbered to read:
104569. This article shall remain operative only until July 1,
1997, shall remain in effect only until January 1, 1998, and as of
that date is repealed, unless a later enacted statute, which is
enacted before January 1, 1998, deletes or extends that date.
SEC. 134. Section 412 of the Health and Safety Code, as amended by
Chapter 551 of the Statutes of 1995, is amended and renumbered to
read:
125275. (a) The Legislature finds that Alzheimer's disease, a
devastating disease which 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
which 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 and other acquired brain impairments
to the extent that the centers have the requisite expertise.
(d) The diagnostic and treatment centers may collaborate with the
Statewide Resources Consultant designated pursuant to Section 4364 of
the Welfare and Institutions Code, to the extent that the centers
deem necessary in order to fulfill the functions set forth in
subdivision (c).
SEC. 135. The heading of Article 12 (commencing with Section 429)
of Chapter 2 of Division 1 of the Health and Safety Code is amended,
immediately preceding Section 127620, to read:
Article 1. Rural Health Care Transition Oversight
SEC. 136. Section 429 of the Health and Safety Code is amended and
renumbered to read:
127620. (a) The Office of Statewide Health Planning and
Development, in conjunction with the State Department of Health
Services, shall act as the coordinating agency to develop a strategic
plan that would assist rural California to prepare for health care
reform. The plan shall assist in the coordination and integration of
all rural health care services on the birth to death continuum and
serve as an infrastructure for rural communities to establish
priorities and develop appropriate programs.
(b) The office shall designate representatives from provider
groups including rural hospitals, clinics, physicians, other rural
providers including psychologists, counties, beneficiaries, and other
entities directly affected by the plan. The office shall convene
meetings with the objectives of doing all of the following:
(1) Assessing the current status of health care in rural
communities.
(2) Assembling and reviewing data related to available programs
and resources for rural California.
(3) Assembling and reviewing data related to other states'
strategic plans for rural communities.
(4) Reviewing and integrating the office's rural work plan, as
appropriate.
(5) Making assumptions about the future of health care and
developing a strategic plan based on these assumptions.
(c) The rural health care strategic plan shall address all of the
following:
(1) The special needs of the elderly and of ethnic populations.
(2) Elimination of barriers in planning and coordinating health
services.
(3) The lack of primary and specialty providers.
(4) Access to emergency services.
(5) The role of new technologies, including, but not limited to,
telemedicine.
SEC. 137. Section 429.14 of the Health and Safety Code, as amended
by Chapter 630 of the Statutes of 1995, is amended and renumbered to
read:
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 State
Department of Health Services of documented evidence of potential
occupational lead poisoning.
(b) The State Department of Health Services 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 ninety-five dollars ($195). 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 ninety dollars ($390). For employers with
500 or more employees in a Category A Standard Industrial
Classification code, the annual fee shall be nine hundred
seventy-five dollars ($975). For employers with 10 or more
employees, but less than 100 employees, in a Category B Standard
Industrial Classification code, the annual fee shall be two hundred
seventy-nine dollars ($279). For employers with 100 or more
employees, but less than 500 employees, in a Category B Standard
Industrial Classification code, the annual fee shall be seven hundred
eighty-one dollars ($781). For employers with 500 or more employees
in a Category B Standard Industrial Classification code, the annual
fee shall be two thousand two hundred thirty-two dollars ($2,232).
For the purpose of this subdivision, an employer is any person
defined in Section 25118 of the Health and Safety Code. Employers
with fewer than 10 employees are not subject to any fees pursuant to
this section.
(d) The fees imposed in subdivision (b) are the rates for calendar
year 1995 and shall be adjusted annually by the State Board of
Equalization to reflect increases or decreases in the cost of living
during the prior fiscal year as measured by the Consumer Price Index
issued by the Department of Industrial Relations, or a successor
agency. This adjustment of fees shall not be subject to the
requirements of Chapter 2.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(e) In no event shall the annual fee exceed the cost of the
program described in Section 105185. The state 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 that 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.
SEC. 138. Section 429.82 of the Health and Safety Code, as added
by Chapter 324 of the Statutes of 1995, is amended and renumbered to
read:
128185. The Legislature finds and declares all of the following:
(a) The Health Manpower Pilot Project No. 152 was approved in 1988
to respond to a shortage of adequately trained personnel to meet the
needs of residents in long-term health care facilities.
(b) Long-term health care facilities continue to report
difficulties recruiting and retaining adequate nursing staff to meet
current needs.
(c) The population most in need of long-term care is growing
rapidly. It is estimated by the year 2000, one-third of the entire
population in the United States will be composed of persons over 65
years of age. Three-fourths of all residents of long-term health
care facilities will be generated by this age group.
(d) A 30-percent decrease in the labor pool of health workers has
been projected for the same time period. This decline in resources
will exacerbate the problem of acquiring adequate nursing resources.
(e) The establishment of the geriatric technician as a new
category of health worker may have the potential to increase the
retention of experienced workers in long-term health care by creating
health career opportunities and upward mobility for certified nurse
assistants.
(f) The use of geriatric technicians is not intended to displace
licensed nurses, but rather to augment the level of available trained
staff to optimize the quality of long-term health care.
SEC. 139. Section 429.83 of the Health and Safety Code, as added
by Chapter 324 of the Statutes of 1995, is amended and renumbered to
read:
128190. The office may extend the geriatric technician pilot
project, known as the Health Manpower Pilot Project No. 152, for a
minimum of four additional years, pursuant to reapplication by the
sponsoring agency. The project shall continue to meet the applicable
requirements established by the office. The number of sponsors
authorized to participate in the pilot project may be expanded to a
maximum of five.
SEC. 140. Section 429.84 of the Health and Safety Code, as added
by Chapter 324 of the Statutes of 1995, is amended and renumbered to
read:
128195. (a) The office shall issue a report on the existing
Health Manpower Pilot Project No. 152 that evaluates Sonoma County's
experience with the project, by December 1, 1996. The report shall
contain all of the following information:
(1) A description of the persons trained, including, but not
limited to, the following:
(A) The total number of persons who entered training.
(B) The total number of persons who completed training.
(C) The selection method, including descriptions of any
nonquantitative criteria used by employers to refer persons to
training.
(D) The education and experience of the trainees prior to
training.
(E) Demographic characteristics of the trainees, as available.
(2) An analysis of the training completed, including, but not
limited to, the following:
(A) Curriculum and core competencies.
(B) Qualifications of instructors.
(C) Changes in the curriculum during the pilot project or
recommended for the future.
(D) Nature of clinical and didactic training, including ratio of
students to instructors.
(3) A summary of the specific services and the standards of care
for tasks performed by geriatric technicians.
(4) The new health skills taught or the extent to which existing
skills have been reallocated.
(5) Implication of the project for existing licensure laws with
suggestions for changes in the law where appropriate.
(6) Implications of the project for health services curricula and
for health care delivery systems.
(7) Teaching methods used in the project.
(8) The quality of care, including pertinent medication errors,
incident reports, and patient acceptance in the project.
(9) The extent to which persons with new skills could find
employment in the health care system, assuming laws were changed to
incorporate their skills.
(10) 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.
(b) The office shall issue followup reports on additional
geriatric technician pilot projects approved by the office following
24 months of implementation of the employment utilization phase of
each project. The reports shall contain all of the following
information:
(1) A description of the persons trained, including, but not
limited to, the following:
(A) The total number of persons who entered training.
(B) The total number of persons who completed training.
(C) The selection method, including descriptions of any
nonquantitative criteria used by employers to refer persons to
training.
(D) The education and experience of the trainees prior to
training.
(E) Demographic characteristics of the trainees, as available.
(2) An analysis of the training completed, including, but not
limited to, the following:
(A) Curriculum and core competencies.
(B) Qualifications of the instructor.
(C) Changes in the curriculum during the pilot project or
recommended for the future.
(D) The nature of clinical and didactic training, including the
ratio of students to instructors.
(3) A summary of the specific services provided by geriatric
technicians.
(4) The new health skills taught or the extent to which existing
skills have been reallocated.
(5) Implications of the project for existing licensure laws with
suggestions for changes in the law where appropriate.
(6) Implications of the project for health services curricula and
for health care delivery systems.
(7) Teaching methods used in the project.
(8) The quality of care, including pertinent medication errors,
incident reports, and patient acceptance in the project.
(9) The extent to which persons with new skills could find
employment in the health care system, assuming laws were changed to
incorporate their skills.
(10) 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.
(c) Notwithstanding any other provision of law, issuance of the
reports described in subdivisions (a) and (b) shall not require that
the office terminate the Health Manpower Pilot Project No. 152 or
subsequent geriatric technician pilot projects authorized by the
office.
SEC. 141. Section 443.26 of the Health and Safety Code, as amended
by Chapter 543 of the Statutes of 1995, is amended and renumbered to
read:
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 of Division 107.
(f) Advise the Secretary of Health and Welfare on the formulation
of general policies which shall advance the purposes of this part.
(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 part.
(i) Advise the office on the formulation of general policies which
shall advance the purposes of Chapter 1 (commencing with Section
127125) of Part 2 of Division 107.
(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) (1) 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.
(2) 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 Sections 128745 and 128750 to the office, as
appropriate.
(l) (1) Assess the value and usefulness of the reports required by
Sections 127285, 128735, and 128740. On or before December 1, 1997,
the commission shall submit recommendations to the office to
accomplish all of the following:
(A) Eliminate redundant reporting.
(B) Eliminate collection of unnecessary data.
(C) Augment data bases as deemed valuable to enhance the quality
and usefulness of data.
(D) Standardize data elements and definitions with other health
data collection programs at both the state and national levels.
(E) Enable linkage with, and utilization of, existing data sets.
(F) Improve the methodology and data bases used for quality
assessment analyses, including, but not limited to, risk-adjusted
outcome reports.
(G) Improve the timeliness of reporting and public disclosure.
(2) The commission shall establish a committee to implement the
evaluation process. The committee shall include representatives from
the health care industry, providers, consumers, payers, purchasers,
and government entities, including the Department of Corporations,
the departments that comprise the Health and Welfare Agency, and
others deemed by the commission to be appropriate to the evaluation
of the data bases. The committee may establish subcommittees
including technical experts.
(m) (1) 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.
(2) 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.
(3) The commission or the office director may appeal to the
Secretary of Health and Welfare over disagreements on policy,
procedural, or technical issues.
SEC. 141.2. Section 443.37 of the Health and Safety Code, as
amended by Chapter 1021 of the Statutes of 1985, is amended and
renumbered to read:
128775. Any health facility affected by any determination made
under this part 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 as the office, with the
advice of the commission, may allow, and shall specifically describe
the matters which are disputed by the petitioner.
A hearing shall be commenced within 60 calendar days of the date
on which 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 any 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.
This section shall become inoperative on July 1, 1997, and, as of
January 1, 1998, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 1998, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 141.4. Section 443.37 of the Health and Safety Code, as
amended by Chapter 938 of the Statutes of 1995, is amended and
renumbered to read:
128775. (a) Any health facility affected by any determination
made under this part 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 as the office,
with the advice of the commission, may allow, and shall specifically
describe the matters which are disputed by the petitioner.
(b) A hearing shall be commenced within 60 calendar days of the
date on which the petition was filed. The hearing shall be held
before an employee of the office, an administrative law judge
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 any procedures as the
office, with the advice of the commission, shall prescribe. If held
before an administrative law judge employed by the Office of
Administrative Hearings, the hearing shall be held in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code. The employee, administrative law
judge, 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.
(c) 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.
(d) The employee of the office, the administrative law judge
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 Article 11 (commencing with Section
11450.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code.
(e) This section shall become operative on July 1, 1997.
SEC. 142. Section 443.46 of the Health and Safety Code, as amended
by Chapter 543 of the Statutes of 1995, is amended and renumbered to
read:
128815. This chapter shall remain in effect only until January 1,
1999, and as of that date is repealed, unless a later enacted
statute, chaptered prior to that date, extends or deletes that date.
SEC. 143. Article 1.5 (commencing with Section 447) of Part 1.95
of Division 1 of the Health and Safety Code, as added by Chapter 758
of the Statutes of 1995, is repealed.
SEC. 144. Part 1.98 (commencing with Section 449.10) of Division 1
of the Health and Safety Code is repealed.
SEC. 145. Article 4.2 (commencing with Section 512) of Chapter 1
of Part 2 of Division 1 of the Health and Safety Code, as added by
Chapter 671 of the Statutes of 1995, is repealed.
SEC. 146. Chapter 7 (commencing with Section 1000) of Part 2 of
Division 1 of the Health and Safety Code is repealed.
SEC. 147. Part 6.5 (commencing with Section 1189) of Division 1 of
the Health and Safety Code, as added by Chapter 758 of the Statutes
of 1995, is repealed.
SEC. 148. Section 1201 of the Health and Safety Code is amended to
read:
1201. "License" means a basic permit to operate a clinic. A
license may only be granted to a clinic of a type enumerated in
Section 1204 or 1204.1, and the license shall not be transferable.
However, the issuance of a license upon a change of ownership shall
not of itself constitute a project within the meaning of Section
127170.
SEC. 149. Section 1205.5 of the Health and Safety Code is amended
to read:
1205.5. A clinic that has been verified by the Licensing and
Certification Division of the State Department of Health Services and
the Office of Statewide Health Planning and Development as having
(1) provided chronic dialysis and (2) been licensed as an outpatient
clinic, before September 26, 1978, shall not be required to have a
certificate of need pursuant to Chapter 1 (commencing with Section
127125) of Part 2 of Division 107 in order to obtain licensure as a
chronic dialysis clinic. A clinic that has been verified by the
Licensing and Certification Division of the State Department of
Health Services and the Office of Statewide Health Planning and
Development as having (1) provided surgical services, (2) been
licensed as an outpatient clinic and (3) been eligible to receive
Medi-Cal reimbursement as an outpatient clinic in connection with the
surgical services, before September 26, 1978, shall not be required
to have a certificate of need pursuant to Chapter 1 (commencing with
Section 127125) of Part 2 of Division 107 in order to obtain
licensure as a surgical clinic.
Nothing in this section shall, however, be construed to exempt a
clinic subject to this section from the requirement for a certificate
of need with respect to projects specified in subdivision (c), (d),
or (e) of Section 127170, or with respect to changes of licensure
category occurring subsequent to initial licensure as a specialty
clinic pursuant to this section.
A clinic that has been verified by the Licensing and Certification
Division of the State Department of Health Services and the Office
of Statewide Health Planning and Development as having (1) provided
surgical services, (2) been licensed as an outpatient clinic and (3)
been eligible to receive Medi-Cal reimbursement as an outpatient
clinic in connection with the surgical services, before September 26,
1978, and that meets the requirements for licensure as a surgical
clinic, need not operate on an open-staff basis in order to be
licensed as a surgical clinic.
A clinic that has been verified by the Licensing and Certification
Division of the State Department of Health Services and the Office
of Statewide Health Planning and Development as having (1) provided
rehabilitation service and (2) been licensed as an outpatient clinic,
a community clinic, or free clinic, before September 26, 1978, shall
not be required to have a certificate of need pursuant to Chapter 1
(commencing with Section 127125) of Part 2 of Division 107 in order
to obtain licensure as a rehabilitation clinic.
SEC. 150. Section 1212 of the Health and Safety Code, as amended
by Chapter 512 of the Statutes of 1995, is amended to read:
1212. Any person, firm, association, partnership, or corporation
desiring a license for a clinic or a special permit for special
services under the provisions of this chapter, shall file with the
state department a verified application on forms prescribed and
furnished by the state department, containing the following:
(a) Evidence satisfactory to the state department that the
applicant is of reputable and responsible character. If the
applicant is a firm, association, partnership, trust, corporation, or
other artificial or legal entity, like evidence shall be submitted
as to the members, partners, trustees or shareholders, directors, and
officers thereof and as to the person who is to be the administrator
of, and exercise control, management, and direction of the clinic
for which application is made.
(b) If the applicant is a partnership, the name and principal
business address of each partner, and, if any partner is a
corporation, the name and principal business address of each officer
and director of the corporation and name and business address of each
stockholder owning 10 percent or more of the stock thereof.
(c) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation, and
where the applicant is a stock corporation, the name and principal
business address of each stockholder holding 10 percent or more of
the applicant's stock and, where any stockholder is a corporation,
the name and principal business address of each officer and director
of the corporate stockholder.
(d) Evidence satisfactory to the state department of the ability
of the applicant to comply with the provisions of this chapter and
rules and regulations promulgated under this chapter by the state
department.
(e) The name and address of the clinic, and if the applicant is a
professional corporation, firm, partnership, or other form of
organization, evidence that the applicant has complied with the
requirements of the Business and Professions Code governing the use
of fictitious names by practitioners of the healing arts.
(f) The name and address of the professional licentiate
responsible for the professional activities of the clinic and the
licentiate's license number and professional experience.
(g) The class of clinic to be operated, the character and scope of
advice and treatment to be provided, and a complete description of
the building, its location, facilities, equipment, apparatus, and
appliances to be furnished and used in the operation of the clinic.
(h) Sufficient operational data to allow the state department to
determine the class of clinic that the applicant proposes to operate
and the initial license fee to be charged.
(i) Any other information as may be required by the state
department for the proper administration and enforcement of this
chapter, including, but not limited to, evidence that the clinic has
a written policy relating to the dissemination of the following
information to patients:
(1) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.
(2) A listing of child passenger restraint system programs located
within the county, as required by Section 27360 or 27362 of the
Vehicle Code.
(3) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.
(j) Applicants for a license or special permit covering a project
within the meaning of Section 127170 shall submit a copy of a
certificate of need as required by the state department.
SEC. 151. Section 1250.1 of the Health and Safety Code, as amended
by Chapter 749 of the Statutes of 1995, is amended to read:
1250.1. (a) The state department shall adopt regulations that
define all of the following bed classifications for health
facilities:
(1) General acute care.
(2) Skilled nursing.
(3) Intermediate care-developmental disabilities.
(4) Intermediate care--other.
(5) Acute psychiatric.
(6) Specialized care, with respect to special hospitals only.
(7) Chemical dependency recovery.
(8) Intermediate care facility/developmentally disabled
habilitative.
(9) Intermediate care facility/developmentally disabled nursing.
(10) Congregate living health facility.
(11) Pediatric day health and respite care facility, as defined in
Section 1760.2.
(12) Correctional treatment center. For correctional treatment
centers that provide psychiatric and psychological services provided
by county mental health agencies in local detention facilities, the
State Department of Mental Health shall adopt regulations specifying
acute and nonacute levels of 24-hour care. Licensed inpatient beds
in a correctional treatment center shall be used only for the purpose
of providing health services.
(b) Except as provided in Section 1253.1, beds classified as
intermediate care beds, on September 27, 1978, shall be reclassified
by the state department as intermediate care--other. This
reclassification shall not constitute a "project" within the meaning
of Section 127170 and shall not be subject to any requirement for a
certificate of need under Chapter 1 (commencing with Section 127125)
of Part 2 of Division 107, and regulations of the state department
governing intermediate care prior to the effective date shall
continue to be applicable to the intermediate care--other
classification unless and until amended or repealed by the state
department.
SEC. 152. Section 1250.4 of the Health and Safety Code is amended
to read:
1250.4. (a) As used in this section:
(1) "Department" means the Department of Corrections or the
Department of the Youth Authority.
(2) "Communicable, contagious, or infectious disease" means any
disease that is capable of being transmitted from person to person
with or without contact and as established by the State Department of
Health Services pursuant to Section 120130, and Section 2500 et seq.
of Title 17 of the California Code of Regulations.
(3) "Inmate or ward" means any person incarcerated within the
jurisdiction of the Department of Corrections or the Department of
the Youth Authority, with the exception of a person on parole.
(4) "Institution" means any state prison, camp, center, office, or
other facility under the jurisdiction of the Department of
Corrections or the Department of the Youth Authority.
(5) "Medical director," "chief of medical services," or "chief
medical officer" means the medical officer, acting medical officer,
medical director, or the physician designated by the department to
act in that capacity, who is responsible for directing the medical
treatment programs and medical services for all health services and
services supporting the health services provided in the institution.
(b) Each health care facility in the Department of Corrections and
in the Department of the Youth Authority shall have a medical
director in charge of the health care services of that facility who
shall be a physician and surgeon licensed to practice in California
and who shall be appointed by the directors of the departments. The
medical director shall direct the medical treatment programs for all
health services and services supporting the health services provided
in the facility.
(c) The medical director, chief of medical services, chief medical
officer, or the physician designated by the department to act in
that capacity, shall use every available means to ascertain the
existence of, and to immediately investigate, all reported or
suspected cases of any communicable, contagious, or infectious
disease and to ascertain the source or sources of the infections and
prevent the spread of the disease. In carrying out these
investigations, the medical director, chief of medical services,
chief medical officer, or the physician designated by the department
to act in that capacity, is hereby invested with full powers of
inspection, examination, and quarantine or isolation of all inmates
or wards known to be, or reasonably suspected to be, infected with a
communicable, contagious, or infectious disease.
(d) The medical director, chief of medical services, chief medical
officer, or the physician designated by the department to act in
that capacity, shall order an inmate or ward to receive an
examination or test, or may order an inmate or ward to receive
treatment if the medical director, chief of medical services, chief
medical officer, or the physician designated by the department to act
in that capacity, has reasonable suspicion that the inmate or ward
has, has had, or has been exposed to a communicable, contagious, or
infectious disease and the medical director, chief of medical
services, chief medical officer, or the physician designated by the
department to act in that capacity, has reasonable grounds to believe
that it is necessary for the preservation and protection of staff
and inmates or wards.
(e) Notwithstanding Section 2600 or 2601 of the Penal Code, or any
other provision of law, any inmate or ward who refuses to submit to
an examination, test, or treatment for any communicable, contagious,
or infectious disease or who refuses treatment for any communicable,
contagious, or infectious disease, or who, after notice, violates, or
refuses or neglects to conform to any rule, order, guideline, or
regulation prescribed by the department with regard to communicable
disease control shall be tested involuntarily and may be treated
involuntarily. This inmate or ward shall be subject to disciplinary
action as described in Title 15 of the California Code of
Regulations.
(f) This section shall not apply to HIV or AIDS. Testing,
treatment, counseling, prevention, education, or other procedures
dealing with HIV and AIDS shall be conducted as prescribed in Title 8
(commencing with Section 7500) of Part 3 of the Penal Code.
(g) This section shall not apply to tuberculosis. Tuberculosis
shall be addressed as prescribed in Title 8.7 (commencing with
Section 7570) of the Penal Code.
SEC. 153. Section 1250.8 of the Health and Safety Code is amended
to read:
1250.8. (a) Notwithstanding subdivision (a) of Section 127170,
the state department, upon application of a general acute care
hospital that meets all the criteria of subdivision (b), and other
applicable requirements of licensure, shall issue a single
consolidated license to a general acute care hospital that includes
more than one physical plant maintained and operated on separate
premises or that has multiple licenses for a single health facility
on the same premises. A single consolidated license shall not be
issued where the separate freestanding physical plant is a skilled
nursing facility or an intermediate care facility, whether or not the
location of the skilled nursing facility or intermediate care
facility is contiguous to the general acute care hospital unless the
hospital is exempt from the requirements of subdivision (b) of
Section 1254, or the facility is part of the physical structure
licensed to provide acute care.
(b) The issuance of a single consolidated license shall be based
on the following criteria:
(1) There is a single governing body for all of the facilities
maintained and operated by the licensee.
(2) There is a single administration for all of the facilities
maintained and operated by the licensee.
(3) There is a single medical staff for all of the facilities
maintained and operated by the licensee, with a single set of bylaws,
rules, and regulations that prescribe a single committee structure.
(4) Except as provided otherwise in this paragraph, the physical
plants maintained and operated by the licensee that are to be covered
by the single consolidated license are located not more than 15
miles apart. The director may issue a single consolidated license to
a general acute care hospital that maintains and operates two or
more physical plants which are located beyond 15 miles if all of the
following exist:
(A) Either (i) one or more physical plants are located in a rural
area, as defined by regulations of the director; or (ii) the physical
plants are located beyond 15 miles from the general acute care
hospital that obtains the single consolidated license and provide
outpatient services as defined by the department, and do not provide
inpatient services.
(B) The director finds, after consultation with the Director of
the Office of Statewide Health Planning and Development, that the
issuance of the single consolidated license for the general acute
care hospital would not significantly impair the operation of Chapter
1 (commencing with Section 127125) of Part 2 of Division 107.
(C) The director finds that the licensee can comply with the
requirements of licensure and maintain the provision of quality care,
and adequate administrative and professional supervision.
(D) The physical plants satisfy the criteria of subdivision (a)
and paragraphs (1), (2), and (3).
(E) The physical plants of the licensee operate in full compliance
with subdivision (f) of Section 1275.
(c) In issuing the single consolidated license, the state
department shall specify the location of each supplemental service
and the location of the number and category of beds provided by the
licensee. The single consolidated license shall be renewed annually.
(d) To the extent required by Chapter 1 (commencing with Section
127125) of Part 2 of Division 107, a general acute care hospital that
has been issued a single consolidated license:
(1) Shall not transfer from one facility to another a special
service described in Section 1255 without first obtaining a
certificate of need.
(2) Shall not transfer, in whole or in part, from one facility to
another, a supplemental service, as defined in regulations of the
director pursuant to this chapter, without first obtaining a
certificate of need, unless the licensee, 30 days prior to the
relocation, notifies the Office of Statewide Health Planning and
Development, the applicable health systems agency, and the state
department of the licensee's intent to relocate the supplemental
service, and includes with this notice a cost estimate, certified by
a person qualified by experience or training to render the estimates,
which estimates that the cost of the transfer will not exceed the
capital expenditure threshold established by the Office of Statewide
Health Planning and Development pursuant to Section 127170.
(3) Shall not transfer beds from one facility to another facility,
without first obtaining a certificate of need unless, 30 days prior
to the relocation, the licensee notifies the Office of Statewide
Health Planning and Development, the applicable health systems
agency, and the state department of the licensee's intent to relocate
health facility beds, and includes with this notice both of the
following:
(A) A cost estimate, certified by a person qualified by experience
or training to render the estimates, which estimates that the cost
of the relocation will not exceed the capital expenditure threshold
established by the Office of Statewide Health Planning and
Development pursuant to Section 127170.
(B) The identification of the number, classification, and location
of the health facility beds in the transferor facility and the
proposed number, classification, and location of the health facility
beds in the transferee facility.
Except as otherwise permitted in Chapter 1 (commencing with
Section 127125) of Part 2 of Division 107, or as authorized in an
approved certificate of need pursuant to that part, health facility
beds transferred pursuant to this section shall be used in the
transferee facility in the same bed classification as defined in
Section 1250.1, as the beds were classified in the transferor
facility.
Health facility beds transferred pursuant to this section shall
not be transferred back to the transferor facility for two years from
the date of the transfer, regardless of cost, without first
obtaining a certificate of need pursuant to Chapter 1 (commencing
with Section 127125) of Part 2 of Division 107.
(e) All transfers pursuant to subdivision (d) shall satisfy all
applicable requirements of licensure and shall be subject to the
written approval, if required, of the state department. The state
department may adopt regulations that are necessary to implement the
provisions of this section. These regulations may include a
requirement that each facility of a health facility subject to a
single consolidated license have an onsite full-time or part-time
administrator.
(f) As used in this section, "facility" means any physical plant
operated or maintained by a health facility subject to a single,
consolidated license issued pursuant to this section.
(g) For purposes of selective provider contracts negotiated under
the Medi-Cal program, the treatment of a health facility with a
single consolidated license issued pursuant to this section shall be
subject to negotiation between the health facility and the California
Medical Assistance Commission. A general acute care hospital that
is issued a single consolidated license pursuant to this section may,
at its option, receive from the state department a single Medi-Cal
program provider number or separate Medi-Cal program provider numbers
for one or more of the facilities subject to the single consolidated
license. Irrespective of whether the general acute care hospital is
issued one or more Medi-Cal provider numbers, the state department
may require the hospital to file separate cost reports for each
facility pursuant to Section 14170 of the Welfare and Institutions
Code.
(h) For purposes of the Annual Report of Hospitals required by
regulations adopted by the state department pursuant to this part,
the state department and the Office of Statewide Health Planning and
Development may require reporting of bed and service utilization data
separately by each facility of a general acute care hospital issued
a single consolidated license pursuant to this section.
(i) The amendments made to this section during the 1985-86 Regular
Session of the California Legislature pertaining to the issuance of
a single consolidated license to a general acute care hospital in the
case where the separate physical plant is a skilled nursing facility
or intermediate care facility shall not apply to the following
facilities:
(1) Any facility that obtained a certificate of need after August
1, 1984, and prior to February 14, 1985, as described in this
subdivision. The certificate of need shall be for the construction
of a skilled nursing facility or intermediate care facility that is
the same facility for which the hospital applies for a single
consolidated license, pursuant to subdivision (a).
(2) Any facility for which a single consolidated license has been
issued pursuant to subdivision (a), as described in this subdivision,
prior to the effective date of the amendments made to this section
during the 1985-86 Regular Session of the California Legislature.
Any facility that has been issued a single consolidated license
pursuant to subdivision (a), as described in this subdivision, shall
be granted renewal licenses based upon the same criteria used for the
initial consolidated license.
(j) If the state department issues a single consolidated license
pursuant to this section, the state department may take any action
authorized by this chapter, including, but not limited to, any action
specified in Article 5 (commencing with Section 1294), with respect
to any facility, or any service provided in any facility, that is
included in the consolidated license.
(k) The eligibility for participation in the Medi-Cal program
(Chapter 7 (commencing with Section 14000), Part 3, Division 9,
Welfare and Institutions Code) of any facility that is included in a
consolidated license issued pursuant to this section, provides
outpatient services, and is located more than 15 miles from the
health facility issued the consolidated license shall be subject to a
determination of eligibility by the state department. This
subdivision shall not apply to any facility that is located in a
rural area and is included in a consolidated license issued pursuant
to subparagraphs (A), (B), and (C) of paragraph (4) of subdivision
(b). Regardless of whether a facility has received or not received a
determination of eligibility pursuant to this subdivision, this
subdivision shall not affect the ability of a licensed professional,
providing services covered by the Medi-Cal program to a person
eligible for Medi-Cal in a facility subject to a determination of
eligibility pursuant to this subdivision, to bill the Medi-Cal
program for those services provided in accordance with applicable
regulations.
SEC. 154. Section 1250.9 of the Health and Safety Code, as amended
by Chapter 511 of the Statutes of 1995, is amended and renumbered to
read:
128600. The Legislature finds and declares that the oversight and
reporting requirements of the demonstration project established in
this section are equal to, or exceed similar licensing standards for
other health facilities.
(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 six years, to September 30,
2000, only for those project sites that were approved by the Office
of Statewide Health Planning and Development 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 of Health Services
and a technical advisory committee that 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 that 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 that is a distinct part of a health facility that 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 that 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 that
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 office 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 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 established by this
section. The facilities participating in the pilot project shall pay
fees that equal the amount of any increase in fiscal costs incurred
by the state as a result of the extension of the pilot project until
September 30, 2000, pursuant to subdivision (b).
(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.
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, that 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.
(p) Participants in the demonstration program for postsurgical
recovery facilities shall not be precluded from receiving
reimbursement from, or conducting good faith negotiations with, a
third-party payor solely on the basis that the participant is engaged
in a demonstration program and accordingly is not licensed.
SEC. 155. Section 1251.3 of the Health and Safety Code is amended
to read:
1251.3. A health facility licensed as a general acute care
hospital, providing alcohol recovery services, may convert its
licensure category to an acute psychiatric hospital and it may
reclassify all of its general acute care beds to acute psychiatric
without first obtaining a certificate of need pursuant to Section
127170 if all of the following conditions are met:
(a) The health facility notifies, in writing, the State Department
and the Office of Statewide Health Planning and Development on or
before September 3, 1982.
(b) The project would reclassify all of the facility's general
acute care beds to acute psychiatric.
(c) The total licensed capacity of the facility to be converted
does not exceed 31 beds.
SEC. 155.5. Section 1253.1 of the Health and Safety Code is
amended to read:
1253.1. (a) Any skilled nursing facility or intermediate care
facility that on the effective date of this section is providing care
for the developmentally disabled may utilize beds designated for
that purpose to provide intermediate care for the developmentally
disabled without obtaining a certificate of need, a change in
licensure category, or a change in bed classification pursuant to
subdivision (c) of Section 1250.1, provided the facility meets and
continues to meet the following criteria:
(1) The facility was surveyed on or before July 18, 1977, by the
State Department of Health for certification under the federal ICF/MR
program pursuant to Section 449.13 of Title 42 of the Code of
Federal Regulations, and the beds designated for intermediate care
for the developmentally disabled were certified by the state
department, either before or after that date, to meet the standards
set forth in Section 449.13 of Title 42 of the Code of Federal
Regulations.
(2) Not less than 95 percent of the beds so certified for
intermediate care for the developmentally disabled are utilized
exclusively for provision of care to residents with a developmental
disability, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code. Nothing in this paragraph shall
require continuous bed occupancy, but a bed certified for
intermediate care for the developmentally disabled shall be deemed to
be converted to another use if occupied by a resident who is not
developmentally disabled.
(3) On and after the effective date of regulations implementing
this section, no change of ownership has occurred with respect to the
facility requiring issuance of a new license, except a change
occurring because of a decrease in the number of partners of a
licensed partnership or a reorganization of the governing structure
of a licensee in which there is no change in the relative ownership
interests.
(b) Any facility receiving an exemption under subdivision (a)
shall, with respect to beds designated for intermediate care for the
developmentally disabled, be subject to regulations of the state
department applicable to that level of care, rather than the level of
care for which the beds are licensed. The state department shall
indicate on the license of any facility receiving an exemption
pursuant to subdivision (a) that the licensee has been determined by
the state department to meet the criteria of subdivision (a).
(c) The licensee of any facility receiving an exemption under this
section shall notify the state department not less than 30 days
prior to taking action that will cause the facility to cease meeting
the criteria specified in paragraph (2) or (3) of subdivision (a).
(d) Upon a change of ownership of the facility or change in
ownership interests not meeting the criterion for continued exemption
specified in paragraph (3) of subdivision (a), the applicant for
relicensure shall elect as follows:
(1) To reclassify all skilled nursing beds that have been exempted
under this section to the intermediate care-developmental
disabilities classification, or to continue the skilled nursing
classification with respect to skilled nursing beds that have
received the exemption.
(2) To reclassify intermediate care beds that have been exempted
under this section to the intermediate care-developmental
disabilities classification, or to reclassify intermediate care beds
that have received the exemption to the intermediate care-other
classification.
Reclassification of beds pursuant to this subdivision shall not
constitute a "project" within the meaning of Section 127170 and shall
not be subject to any requirement for a certificate of need under
Chapter 1 (commencing with Section 127125) of Part 2 of Division 107.
SEC. 156. Section 1255 of the Health and Safety Code is amended to
read:
1255. In addition to the basic services offered under the
license, a general acute care hospital may be approved in accordance
with subdivision (c) of Section 1277 to offer special services
including, but not limited to, the following:
(a) Radiation therapy department.
(b) Burn center.
(c) Emergency center.
(d) Hemodialysis center (or unit).
(e) Psychiatric.
(f) Intensive care newborn nursery.
(g) Cardiac surgery.
(h) Cardiac catheterization laboratory.
(i) Renal transplant.
(j) Other special services as the department may prescribe by
regulation.
A general acute care hospital that exclusively provides acute
medical rehabilitation center services may be approved in accordance
with subdivision (b) of Section 1277 to offer special services not
requiring surgical facilities.
The state department shall adopt standards for special services
and other regulations as may be necessary to implement this section.
For cardiac catheterization laboratory service, the state department
shall, at a minimum, adopt standards and regulations that specify
that only diagnostic services, and what diagnostic services, may be
offered by an acute care hospital or a multispecialty clinic as
defined in subdivision (l) of Section 1206 that is approved to
provide cardiac catheterization laboratory service but is not also
approved to provide cardiac surgery service, together with the
conditions under which the cardiac catheterization laboratory service
may be offered.
A cardiac catheterization laboratory service shall be located in a
general acute care hospital that is either licensed to perform
cardiovascular procedures requiring extracorporeal coronary artery
bypass, that meets all of the applicable licensing requirements
relating to staff, equipment, and space for service; or shall, at a
minimum, have a licensed intensive care service, coronary care
service and maintain a written agreement for the transfer of patients
to a general acute care hospital that is licensed for cardiac
surgery or shall be located in a multispecialty clinic as defined in
subdivision (l) of Section 1206. The transfer agreement shall
include protocols that will minimize the need for duplicative cardiac
catheterizations at the hospital in which the cardiac surgery is to
be performed.
For purposes of this section, multispecialty clinic, as defined in
subdivision (l) of Section 1206, includes an entity in which the
multispecialty clinic holds at least a 50-percent general partner
interest and maintains responsibility for the management of the
service, if all of the following requirements are met:
(1) The multispecialty clinic existed as of March 1, 1983.
(2) Prior to March 1, 1985, the multispecialty clinic did not
offer cardiac catherterization services, dynamic multiplane imaging,
or other types of coronary or similar angiography.
(3) The multispecialty clinic creates only one entity that
operates its service at one site.
(4) These entities shall have the equipment and procedures
necessary for the stabilization of patients in emergency situations
prior to transfer and patient transfer arrangements in emergency
situations that shall be in accordance with the standards established
by the Emergency Medical Services Authority, including the
availability of comprehensive care and the qualifications of any
general acute care hospital expected to provide emergency treatment.
Except as provided in Sections 128525 and 128530, under no
circumstances shall cardiac catheterizations be performed outside of
a general acute care hospital or a multispecialty clinic, as defined
in subdivision (l) of Section 1206, that qualifies for this
definition as of March 1, 1983.
SEC. 157. Section 1268 of the Health and Safety Code, as amended
by Chapter 512 of the Statutes of 1995, is amended to read:
1268. (a) Upon the filing of the application for licensure or for
a special permit for special services and full compliance with this
chapter and the rules and regulations of the state department, the
state department shall issue to the applicant the license or special
permit applied for. A license shall not be issued or renewed for
beds permanently converted to other than patient use and that do not
meet construction and operational requirements. However, if the
director finds that the applicant is not in compliance with the laws
or regulations of this part, the director shall deny the applicant a
license or a special permit for special services. Additionally, the
director shall not issue a license covering a project within the
meaning of Section 127170 for which there is no valid, subsisting,
and unexpired certificate of need issued pursuant to Chapter 1
(commencing with Section 127125) of Part 2 of Division 107.
(b) As a condition of licensure, the director shall require
evidence that the applicant have a written policy relating to the
dissemination of the following information to patients:
(1) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.
(2) A listing of child passenger restraint system programs located
within the county, as required by Section 27360 or 27362 of the
Vehicle Code.
(3) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.
A hospital may satisfy the requirements of this paragraph by
reproducing for distribution materials specified in Section 27366 of
the Vehicle Code, describing the risks of injury or death as a result
of the failure to utilize passenger restraints for infants and
children, as provided, without charge, by the Department of the
California Highway Patrol. A hospital that does not have these
materials, but demonstrates that it has made a written request to the
Department of the California Highway Patrol for the materials, is in
compliance with this paragraph.
(c) The conversion of a general acute care hospital or special
hospital to a general acute care hospital that exclusively provides
acute medical rehabilitation center services shall not require a
certificate of need, as required by Section 127170, if the health
facility is rendering the services specified in subdivision (f) of
Section 1250 on January 1, 1979.
SEC. 158. Section 1271.1 of the Health and Safety Code is amended
to read:
1271.1. (a) A health facility may place up to 50 percent of its
licensed bed capacity in voluntary suspension for a period not
exceeding three years, upon submitting written notification to the
state department and to the Office of Statewide Health Planning and
Development. However, this section does not authorize a health
facility to deactivate all beds utilized for the provision of a basic
service or to deactivate all beds utilized for a special service or
other supplemental service for which the health facility holds a
special permit or licensure approval. Prior to the expiration of the
voluntary suspension, the health facility may request an extension,
that may be granted by the director if the director finds, after
consultation with the Director of the Office of Statewide Health
Planning and Development, that there is no identified need for
additional beds (of the category suspended) in the service area of
the health facility. If during a period of voluntary suspension
under this section the statewide Health Facilities and Services Plan
identifies a need for additional beds (of the category suspended) in
the health facility's service area, the Director of the Office of
Statewide Health Planning and Development may require the health
facility to terminate the voluntary suspension and exercise one of
the following options, at the discretion of the health facility: (1)
place some or all of the suspended beds in operation, in accordance
with the identified need, within one year following his or her order,
or (2) alternatively have the beds deemed permanently converted to
other than patient use within the meaning of Section 1268.
(b) A health facility may remove all or any portion of its
voluntarily suspended bed capacity from voluntary suspension by
request to the state department, which request shall be granted
unless the areas housing the suspended beds fail to meet currently
applicable operational requirements or fail to meet construction
requirements for the health facility in effect at the time the
request for suspension of the beds was received by the state
department.
(c) While health facility beds are in suspension pursuant to
subdivision (a), the beds shall not be deemed to be permanently
converted to other than patient use, for purposes of Section 1268.
The requirements of this section shall not apply to any temporary
deactivation of beds necessitated by the work of construction or
other activities required with respect to a project for which a
certificate of need or certificate of exemption has been granted
pursuant to Chapter 1 (commencing with Section 127125) of Part 2 of
Division 107. Nothing in this section shall in any way limit or
affect the authority of a health facility to use a portion of its
beds in one bed classification in another bed classification as
permitted by subdivision (a) of Section 127170, including the use of
general acute care beds as skilled nursing beds; provided, however,
that when beds in a particular classification are suspended pursuant
to this section, the remainder of the health facility's beds in the
same classification may not be used so as to result in elimination of
all beds utilized for provision of a basic service or utilized for
provision of a special service or other supplemental service for
which the health facility holds a special permit or licensure
approval.
SEC. 159. Section 1339.5 of the Health and Safety Code is amended
to read:
1339.5. As used in this article, unless otherwise indicated:
(a) "Health systems agency" means a health systems agency
established pursuant to Public Law 93-641.
(b) "Primary care mid-level health practitioner" means a physician
assistant certified pursuant to Chapter 7.7 (commencing with Section
3500) of Division 2 of the Business and Professions Code and also
means a registered nurse who meets the standards for a nurse
practitioner adopted pursuant to Article 8 (commencing with Section
2834) of Chapter 6 of Division 2 of the Business and Professions
Code, and also means a nurse midwife certified pursuant to Article
2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the
Business and Professions Code.
(c) "Swing bed" means beds licensed for general acute care
pursuant to Section 1250.1 that may, subject to this article, be used
as skilled nursing beds, as classified in Section 1250.1. Swing
beds shall retain the general acute care bed classification, for the
purposes of Chapter 1 (commencing with Section 127125) of Part 2 of
Division 107.
SEC. 160. Section 1339.8 of the Health and Safety Code is amended
to read:
1339.8. The Office of Statewide Health Planning and Development
shall review and approve the number of swing beds that may be
designated pursuant to paragraph (4) of subdivision (b) of Section
1339.15, based upon community need and projected utilization and
issue a certificate of need pursuant to the review and approval.
Except as provided herein, a primary health service hospital shall be
subject to the requirements pertaining to approval of projects, as
defined in Section 127170, that are set forth in Chapter 1
(commencing with Section 127125) of Part 2 of Division 107.
SEC. 161. Section 1339.30 of the Health and Safety Code is amended
to read:
1339.30. A Special Hospital: Hospice Pilot Project is hereby
created. This pilot project shall be established and administered by
the department, and shall consist of up to three pilot projects, one
of which shall be located in San Diego. The department shall
license facilities that are part of the pilot project for the
duration of the pilot project as a special hospital: hospice. No
person or entity shall be licensed as a special hospital: hospice
unless that person or entity is participating in this pilot project.
The purpose of the pilot project is to determine the need of
hospice patients for acute inpatient hospital care.
This article shall not preclude the provision of appropriate
hospice services in other settings.
The pilot project does not constitute an approved project as
defined in subdivision (b) of Section 128130.
SEC. 162. Section 1395 of the Health and Safety Code is amended to
read:
1395. (a) Notwithstanding Article 6 (commencing with Section 650)
of Chapter 1 of Division 2 of the Business and Professions Code, any
health care service plan or specialized health care service plan
may, except as limited by this subdivision, solicit or advertise with
regard to the cost of subscription or enrollment, facilities and
services rendered, provided, however, Article 5 (commencing with
Section 600) of Chapter 1 of Division 2 of the Business and
Professions Code remains in effect. Any price advertisement shall be
exact, without the use of such phrases as "as low as," "and up,"
"lowest prices" or words or phrases of similar import. Any
advertisement that refers to services, or costs for the services, and
that uses words of comparison must be based on verifiable data
substantiating the comparison. Any health care service plan or
specialized health care service plan so advertising shall be prepared
to provide information sufficient to establish the accuracy of the
comparison. Price advertising shall not be fraudulent, deceitful, or
misleading, nor contain any offers of discounts, premiums, gifts, or
bait of similar nature. In connection with price advertising, the
price for each product or service shall be clearly identifiable. The
price advertised for products shall include charges for any related
professional services, including dispensing and fitting services,
unless the advertisement specifically and clearly indicates
otherwise.
(b) Plans licensed under this chapter shall not be deemed to be
engaged in the practice of a profession, and may employ, or contract
with, any professional licensed pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code to deliver
professional services. Employment by or a contract with a plan as a
provider of professional services shall not constitute a ground for
disciplinary action against a health professional licensed pursuant
to Division 2 (commencing with Section 500) of the Business and
Professions Code by a licensing agency regulating a particular health
care profession.
(c) A health care service plan licensed under this chapter may
directly own, and may directly operate through its professional
employees or contracted licensed professionals, offices and
subsidiary corporations, including pharmacies that satisfy the
requirements of subdivision (d) of Section 4080.5 of the Business and
Professions Code, as are necessary to provide health care services
to the plan's subscribers and enrollees.
(d) A professional licensed pursuant to the provisions of Division
2 (commencing with Section 500) of the Business and Professions Code
who is employed by, or under contract to, a plan may not own or
control offices or branch offices beyond those expressly permitted by
the provisions of the Business and Professions Code.
(e) Nothing in this chapter shall be construed to repeal, abolish,
or diminish the effect of Section 129450 of the Health and Safety
Code.
(f) Except as specifically provided in this chapter, nothing in
this chapter shall be construed to limit the effect of the laws
governing professional corporations, as they appear in applicable
provisions of the Business and Professions Code, upon specialized
health care service plans.
SEC. 163. Section 1403.1 of the Health and Safety Code is amended
to read:
1403.1. The fee specified in Section 1403 shall be adjusted
annually in the manner specified in Section 100445. The adjustments
shall be rounded off to the nearest whole dollar amount.
SEC. 164. Section 1569.691 of the Health and Safety Code is
amended to read:
1569.691. (a) The department shall select and monitor facilities
to participate in a program, as model projects, to determine the
appropriateness of allowing secured perimeters in residential care
facilities for the elderly for persons with dementia, including, but
not limited to, Alzheimer's disease.
(b) Model projects shall commence operation during the 1990
calendar year and shall remain in operation until January 1, 1996.
The program shall consist of six facilities or sites.
(1) Three sites shall be residential care facilities for the
elderly that specialize in caring for persons with the medical
diagnosis of dementia and have secured perimeters.
(2) Three sites shall be residential care facilities for the
elderly that specialize in caring for persons with the medical
diagnosis of dementia and use door alarms or wrist bands, or other
types of devices, to provide a safe and secure environment.
(c) The department shall develop criteria and standards for
participation in the pilot project that shall include, but not be
limited to, the following:
(1) The facility shall be a residential care facility for the
elderly, with licenses in good standing. The facilities shall
maintain substantial compliance with all applicable regulations and
statutes during the pilot project.
(2) The facility shall have or develop a special program for
persons with dementia that shall be reviewed by the department and by
the Alzheimer's diagnostic and treatment centers established
pursuant to Section 125280.
(3) The facility shall submit to the department a plan of
operation that includes a description of the type of security, the
method used to provide access to the department, visitors, community
and advocacy groups, an emergency evacuation plan that has been
approved by the local fire authority, staffing standards,
qualifications and training of staff, and any other items deemed to
be necessary by the department.
(4) The facility shall obtain the appropriate fire clearance from
the local fire authority.
(5) Each facility shall have admission, retention, and transfer
criteria to select residents who may be placed in the facility during
the pilot project. A resident shall not have other mental or
physical health care needs beyond those caused by the dementing
illness which would otherwise disqualify that person for acceptance
or retention in a residential care facility for the elderly.
(6) The facility shall have a consulting physician to review the
medical condition of residents.
(7) The facility shall conduct an admission assessment of the
resident prior to admission, that shall include:
(A) A minimental test to assess the resident's level of cognitive
impairment.
(B) An activities of daily living assessment.
(C) A behavioral assessment for the purpose of designing and
implementing an individualized care plan of therapeutic activities.
The department shall develop criteria for granting exemptions from
the requirements of this paragraph for circumstances when emergency
placement is necessary.
(8) The facility shall provide a program of planned therapeutic
activities that take place throughout the waking hours and include a
minimum of 40 percent large motor activities and the balance to be
perceptual and sensory stimulation.
(9) The facility shall ensure that all staff who work with the
residents go through training consisting of at least 25 hours
covering the following issues:
(A) Facility orientation.
(B) Normal aging process.
(C) Characteristics of Alzheimer's disease and related dementias.
(D) Activities for persons with dementia.
(E) Communication with residents with dementia.
(F) Understanding the family of residents with dementia.
(G) Medications and misuse.
(H) Aid to daily living.
(I) Staff burnout.
(J) Developing problem-solving skills.
(10) The facility shall ensure that the staff receives ongoing
continuing education in the care of residents with dementia.
(11) The facility shall provide an ongoing assessment of the
resident to monitor problem behaviors and medical condition.
(12) The facility shall provide monthly family council meetings.
(d) The department shall consult with the Alzheimer's disease
diagnostic and treatment centers funded by the State Department of
Health Services pursuant to Section 125280 or other agencies deemed
appropriate to establish evaluative criteria for appropriate
diagnosis, assessment, treatment, and discharge plans for residents
of facilities participating in the model projects.
(e) The Health and Welfare Agency's Alzheimer's Disease and
Related Disorders Advisory Group, or any other entity, may provide
assistance to the department, as requested by the department.
SEC. 165. Section 1569.692 of the Health and Safety Code is
amended to read:
1569.692. (a) Notwithstanding paragraph (6) of subdivision (a) of
Section 87572 of Title 22 of the California Code of Regulations,
participating residential care facilities for the elderly may operate
with a secured or locked perimeter if all of the following
conditions are met:
(1) The resident is never locked in his or her room.
(2) With respect to residential care facility for the elderly
sites, the resident is never physically or chemically restrained.
For purposes of this section "chemically restrained" does not include
medication prescribed by a physician and surgeon that is an
essential component of the resident's treatment plan and that is
generally recognized by the Alzheimer's disease diagnostic and
treatment centers established pursuant to Section 125280 as
appropriate treatment for a person with a medical diagnosis of
dementia.
(3) With respect to residential care facility for the elderly
sites, the resident has freedom of movement within the secured
perimeter.
(4) Evidence shall be provided in the resident's file that a
formal mental status questionnaire has been administered to rule out
mental illness and to determine cognitive level.
(5) Evidence shall be provided in the resident's file that the
following diagnostic tests have been given, as appropriate, to rule
out reversible disease:
(A) At least one type of brain imaging test.
(B) A complete blood count.
(C) Serum glucose.
(D) Serum urea nitrogen.
(E) Creatinine level.
(F) Thyroid function.
(G) Seriology test for syphilis.
(H) Determination of B-12 and Folate levels.
(I) Urinalysis.
(J) Other tests indicated by medical history or physician and
surgeon.
The department, in consultation with the Alzheimer's disease
diagnostic and treatment centers, established pursuant to Section
125280, may require other tests or change the tests required in this
paragraph to reflect advances in diagnostic technology.
(b) For purposes of this section, "secured perimeter" means that
the external boundary of the facility, including yard areas, are
functionally locked to the resident. If a facility provides multiple
levels of care or has separate and distinct sections to the physical
layout, each level or section licensed by the department may be
secured. The purpose of the secured perimeter is to provide free
movement in a safe area to residents within the boundaries of the
facility, including yard areas, to prevent wandering.
SEC. 166. Section 1596.813 of the Health and Safety Code is
amended to read:
1596.813. The department shall adopt regulations regarding
immunization requirements for children enrolled in family day care
homes in accordance with Chapter 1 (commencing with Section 120325)
of Part 2 of Division 105.
SEC. 167. Section 1603.3 of the Health and Safety Code is amended
to read:
1603.3. (a) Prior to a donation of blood or blood components each
donor shall be notified in writing of, and shall have signed a
written statement confirming the notification of, all of the
following:
(1) That the blood or blood components shall be tested for
evidence of antibodies to the probable causative agent of acquired
immune deficiency syndrome.
(2) That donors found to have serologic evidence of the antibodies
shall be placed on a confidential statewide Blood Donor Deferral
Register without a listing of the reason for being included on the
register.
(3) That the donor shall be notified of the test results in
accordance with the requirements described in subdivision (c).
(4) That the donor blood or blood component that is found to have
the antibodies shall not be used for transfusion.
(5) That blood or blood components shall not be donated for
transfusion purposes by a person if the person has reason to believe
that he or she has been exposed to acquired immune deficiency
syndrome.
(6) That the donor is required to complete a health screening
questionnaire to assist in the determination as to whether he or she
has been exposed to acquired immune deficiency syndrome.
(b) A blood bank or plasma center shall incorporate voluntary
means of self-deferral for donors. The means of self-deferral may
include, but are not limited to, a form with checkoff boxes
specifying that the blood donated is for research or test purposes
only and a telephone callback system for donors to use in order to
inform the blood bank that blood donated should not be used for
transfusion. The blood bank or plasma center shall inform the donor,
in a manner that is understandable to the donor, that the
self-deferral process is available and should be used if the donor
has reason to believe that he or she is infected with the human
immunodeficiency virus. The blood bank or plasma center shall also
inform the donor that it is a felony pursuant to Section 1621.5 to
donate blood if the donor knows that he or she has a diagnosis of
AIDS or knows that he or she has tested reactive to the etiologic
agent of AIDS or to antibodies to that agent.
(c) Blood or blood products from any donor initially found to have
serologic evidence of antibodies to the probable causative agent of
AIDS shall be retested for confirmation. Only if a further test
confirms the conclusion of the earlier test shall the donor be
notified of a reactive result by the blood bank or plasma center.
The state department shall develop permissive guidelines for blood
banks and plasma centers on the method or methods to be used to
notify a donor of a test result. Each blood bank or plasma center
shall, upon positive confirmation using the best available and
reasonable techniques, provide the information to the state
department for inclusion in the Donor Deferral Register. Blood banks
and plasma centers shall provide the information on donations
testing reactive for the antibodies to the probable causative agent
of AIDS and carrier donors of viral hepatitis to the department on a
single list in the same manner without specification of the reason
the donor appears on the list.
(d) The Blood Donor Deferral Register, as described in subdivision
(e) of Section 1603.1, shall include names of individuals who are
deferred from blood donations without identifying the reasons for
deferral.
(e) Each blood bank or plasma center operating in California shall
prominently display at each of its collection sites a notice that
provides the addresses and telephone numbers of sites, within the
proximate area of the blood bank or plasma center, where tests
provided pursuant to Chapter 3 (commencing with Section 120885) of
Part 4 of Division 105 may be administered without charge.
(f) The state department may promulgate any additional regulations
it deems necessary to enhance the safety of donated blood and
plasma. The state department may also promulgate regulations it
deems necessary to safeguard the consistency and accuracy of HIV test
results by requiring any confirmatory testing the state department
deems appropriate for the particular types of HIV tests that have
yielded "reactive," "positive," "indeterminate," or other similarly
labeled results.
(g) Notwithstanding any other provision of law, no civil liability
or criminal sanction shall be imposed for disclosure of test results
to a public health officer when the disclosure is necessary to
locate and notify a blood donor of a reactive result if reasonable
efforts by the blood bank or plasma center to locate the donor have
failed. Upon completion of the public health officer's efforts to
locate and notify a blood donor of a reactive result, all records
obtained from the blood bank pursuant to this subdivision, or
maintained pursuant to this subdivision, including, but not limited
to, any individual identifying information or test results, shall be
expunged by the public health officer.
SEC. 168. Section 1603.4 of the Health and Safety Code is amended
to read:
1603.4. (a) Notwithstanding Chapter 7 (commencing with Section
120975) of Part 4 of Division 105, as added by Chapter 22 of the
Statutes of 1985, or any other provision of law, no public entity or
any private blood bank or plasma center shall be liable for an
inadvertent, accidental, or otherwise unintentional disclosure of the
results of an HIV test or information in the Donor Referral
Register.
As used in this section, "public entity" includes, but is not
limited to, any publicly owned or operated blood bank or plasma
center and the state department.
(b) Neither the state 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 damage resulting from
the notification of test results, as set forth in paragraph (3) of
subdivision (a) of, or in subdivision (c) of, Section 1603.3.
SEC. 169. Section 1616.5 of the Health and Safety Code is amended
to read:
1616.5. (a) The fee required pursuant to Section 1616 for the
calendar year commencing January 1, 1992, and for each fiscal year
thereafter unless adjusted pursuant to subdivision (b), shall not
exceed the following:
One thousand five hundred dollars ($1,500) for a blood bank and no
more than one blood collection center operated at the same location
as the blood bank. In addition and irrespective of the location of
the blood collection center, a fee of five hundred dollars ($500) for
each additional blood collection center operated by the blood bank
up to a maximum of one thousand five hundred dollars ($1,500) for
three or more blood collection centers.
(b) The maximum application and renewal fees for blood bank
licenses pursuant to subdivision (a) shall be adjusted annually in
the manner specified in Section 100450. The adjustments shall be
rounded off to the nearest whole dollar.
(c) This chapter shall not be interpreted to exempt the state, a
district, city, county, or city and county, from payment of fees or
from meeting the requirements established pursuant to this chapter or
regulations adopted thereunder.
SEC. 170. Section 1619 of the Health and Safety Code is amended to
read:
1619. Nothing in this chapter shall be considered to be in
conflict with Part 5 (commencing with Section 109875) of Division 104
of this code and all provisions of that division shall apply to
biologics within the meaning of this chapter, except that this
chapter shall not apply to products of:
(a) A laboratory licensed by the Public Health Service, United
States Department of Health, Education and Welfare.
(b) A laboratory licensed by the Animal Inspection and Quarantine
Branch, Agricultural Research Service, United States Department of
Agriculture.
SEC. 171. Section 1729.1 of the Health and Safety Code is amended
to read:
1729.1. The fee specified in Section 1729 shall be adjusted
annually in the manner specified in Section 100445. The adjustments
shall be rounded off to the nearest whole dollar amount.
SEC. 172. Section 1797.98e of the Health and Safety Code is
amended to read:
1797.98e. (a) It is the intent of the Legislature that a
simplified, cost-efficient system of administration of this chapter
be developed so that the maximum amount of funds may be utilized to
reimburse physicians and surgeons and for other emergency medical
services purposes. The administering agency shall select an
administering officer and shall establish procedures and time
schedules for the submission and processing of proposed reimbursement
requests submitted by physicians and surgeons. The schedule shall
provide for disbursements of moneys in the Emergency Medical Services
Fund on at least an annual basis to applicants who have submitted
accurate and complete data for payment by a date to be established by
the administering agency. When the administering agency determines
that claims for payment for physician and surgeon services are of
sufficient numbers and amounts, that if paid, the claims would exceed
the total amount of funds available for payment, the administering
agency shall fairly prorate, without preference, payments to each
claimant at a level less than the maximum payment level. Each
administering agency may encumber sufficient funds during one fiscal
year to reimburse claimants for losses incurred during that fiscal
year for which claims will not be received until after the fiscal
year. The administering agency may, as necessary, request records
and documentation to support the amounts of reimbursement requested
by physicians and surgeons and the administering agency may review
and audit the records for accuracy. Reimbursements requested and
reimbursements made that are not supported by records may be denied
to and recouped from physicians and surgeons. Physicians and
surgeons found to submit requests for reimbursement that are
inaccurate or unsupported by records may be excluded from submitting
future requests for reimbursement. The administering officer shall
not give preferential treatment to any facility, physician and
surgeon, or category of physician and surgeon and shall not engage in
practices that constitute a conflict of interest by favoring a
facility or physician and surgeon with which the administering
officer has an operational or financial relationship. A hospital
administrator of a hospital owned or operated by a county of a
population of 250,000 or more as of January 1, 1991, or a person
under the direct supervision of that person, shall not be the
administering officer. The board of supervisors of a county or any
other county agency may serve as the administering officer.
(b) Each provider of health services that receives payment under
this chapter shall keep and maintain records of the services
rendered, the person to whom rendered, the date, and any additional
information the administering agency may, by regulation, require, for
a period of three years from the date the service was provided. The
administering agency shall not require any additional information
from a physician and surgeon providing emergency medical services
that is not available in the patient record maintained by the entity
listed in subdivision (f) where the medical services are provided,
nor shall the administering agency require a physician and surgeon to
make eligibility determinations.
(c) During normal working hours, the administering agency may make
any inspection and examination of a hospital's or physician and
surgeon's books and records needed to carry out the provisions of
this chapter. A provider who has knowingly submitted a false request
for reimbursement shall be guilty of civil fraud.
(d) Nothing in this chapter shall prevent a physician and surgeon
from utilizing an agent who furnishes billing and collection services
to the physician and surgeon to submit claims or receive payment for
claims.
(e) All payments from the fund pursuant to Section 1797.98c to
physicians and surgeons shall be limited to physicians and surgeons
who, in person, provide onsite services in a clinical setting,
including, but not limited to, radiology and pathology settings.
(f) All payments from the fund shall be limited to claims for care
rendered by physicians and surgeons to patients who are initially
medically screened, evaluated, treated, or stabilized in any of the
following:
(1) A basic or comprehensive emergency department of a licensed
general acute care hospital.
(2) A site that was approved by a county prior to January 1, 1990,
as a paramedic receiving station for the treatment of emergency
patients.
(3) A standby emergency department that was in existence on
January 1, 1989, in a hospital specified in Section 124840.
(4) For the 1991-92 fiscal year and each fiscal year thereafter, a
facility which contracted prior to January 1, 1990, with the
National Park Service to provide emergency medical services.
(g) Payments shall be made only for emergency services provided on
the calendar day on which emergency medical services are first
provided and on the immediately following two calendar days, however,
payments may not be made for services provided beyond a 48-hour
period of continuous service to the patient.
(h) Notwithstanding subdivision (g), if it is necessary to
transfer the patient to a second facility providing a higher level of
care for the treatment of the emergency condition, reimbursement
shall be available for services provided at the facility to which the
patient was transferred on the calendar day of transfer and on the
immediately following two calendar days, however, payments may not be
made for services provided beyond a 48-hour period of continuous
service to the patient.
(i) Payment shall be made for medical screening examinations
required by law to determine whether an emergency condition exists,
notwithstanding the determination after the examination that a
medical emergency does not exist. Payment shall not be denied solely
because a patient was not admitted to an acute care facility.
Payment shall be made for services to an inpatient only when the
inpatient has been admitted to a hospital from an entity specified in
subdivision (f).
(j) The administering agency shall compile a quarterly and
year-end summary of reimbursements paid to facilities and physicians
and surgeons. The summary shall include, but shall not be limited
to, the total number of claims submitted by physicians and surgeons
in aggregate from each facility and the amount paid to each physician
and surgeon. The administering agency shall provide copies of the
summary and forms and instructions relating to making claims for
reimbursement to the public, and may charge a fee not to exceed the
reasonable costs of duplication.
(k) Each county shall establish an equitable and efficient
mechanism for resolving disputes relating to claims for
reimbursements from the fund. The mechanism shall include a
requirement that disputes be submitted either to binding arbitration
conducted pursuant to arbitration procedures set forth in Chapter 3
(commencing with Section 1282) and Chapter 4 (commencing with Section
1285) of Part 3 of Title 9 of the Code of Civil Procedure, or to a
local medical society for resolution by neutral parties.
SEC. 173. Section 1797.189 of the Health and Safety Code is
amended to read:
1797.189. (a) As used in this section:
(1) "Chief medical examiner-coroner" means the chief medical
examiner or the coroner as referred to in subdivision (m) of Section
24000, Section 24010, subdivisions (k), (m), and (n) of Section
24300, subdivisions (k), (m), and (n) of Section 24304, and Sections
27460 to 27530, inclusive, of the Government Code, and Section
102850.
(2) "Prehospital emergency medical care person or personnel" means
any of the following: authorized registered nurse or mobile
intensive care nurse, emergency medical technician-I, emergency
medical technician-II, emergency medical technician-paramedic,
lifeguard, firefighter, or peace officer, as defined or described by
Sections 1797.56, 1797.80, 1797.82, 1797.84, 1797.182, and 1797.183,
respectively, or a physician and surgeon who provides prehospital
emergency medical care or rescue services.
(3) "Reportable disease or condition" or "a disease or condition
listed as reportable" means those diseases specified in Subchapter 1
(commencing with Section 2500) of Chapter 4 of Title 17 of the
California Administrative Code, as may be amended from time to time.
(4) "Exposed" means at risk for contracting a disease, as defined
by regulations of the state department.
(5) "Health facility" means a health facility, as defined in
Section 1250, including a publicly operated facility.
(b) Any
prehospital emergency medical care personnel, whether volunteers,
partly paid, or fully paid who have provided emergency medical or
rescue services and have been exposed to a person afflicted with a
disease or condition listed as reportable, that can, as determined by
the county health officer, be transmitted through oral contact or
secretions of the body, including blood, shall be notified that they
have been exposed to the disease and should contact the county health
officer if all of the following conditions are met:
(1) The prehospital emergency medical care person, who has
rendered emergency medical or rescue services and has been exposed to
a person afflicted with a reportable disease or condition, provides
the chief medical examiner-coroner with his or her name and telephone
number at the time the patient is transferred from that prehospital
medical care person to the chief medical examiner-coroner; or the
party transporting the person afflicted with the reportable disease
or condition provides that chief medical examiner-coroner with the
name and telephone number of the prehospital emergency medical care
person who provided the emergency medical or rescue services.
(2) The chief medical examiner-coroner reports the name and
telephone number of the prehospital emergency medical care person to
the county health officer upon determining that the person to whom
the prehospital emergency medical care person provided the emergency
medical or rescue services is diagnosed as being afflicted with a
reportable disease or condition.
(c) The county health officer shall immediately notify the
prehospital emergency medical care person who has provided emergency
medical or rescue services and has been exposed to a person afflicted
with a disease or condition listed as reportable, that can, as
determined by the county health officer, be transmitted through oral
contact or secretions of the body, including blood, upon receiving
the report from a health facility pursuant to paragraph (1) of
subdivision (b). The county health officer shall not disclose the
name of the patient or other identifying characteristics to the
prehospital emergency medical care person.
Nothing in this section shall be construed to authorize the
further disclosure of confidential medical information by the chief
medical examiner-coroner or any of the prehospital emergency medical
care personnel described in this section except as otherwise
authorized by law.
The chief medical examiner-coroner, or the county health officer
shall notify the funeral director, charged with removing or receiving
the decedent afflicted with a reportable disease or condition from
the chief medical examiner-coroner, of the reportable disease prior
to the release of the decedent from the chief medical
examiner-coroner to the funeral director.
Notwithstanding Section 1798.206, violation of this section is not
a misdemeanor.
SEC. 174. Section 1797.221 of the Health and Safety Code is
amended to read:
1797.221. The medical director of the local EMS agency may
approve or conduct any scientific or trial study of the efficacy of
the prehospital emergency use of any drug, device, or treatment
procedure within the local EMS system, utilizing any level of
prehospital emergency medical care personnel. The study shall be
consistent with any requirements established by the authority for
scientific or trial studies conducted within the prehospital
emergency medical care system, and, where applicable, with Article 5
(commencing with Section 111550) of Chapter 6 of Part 5 of Division
104. No drug, device, or treatment procedure which has been
specifically excluded by the authority from usage in the EMS system
shall be included in such a study.
SEC. 175. Section 1799.54 of the Health and Safety Code is amended
to read:
1799.54. The commission shall review and comment upon the
emergency medical services portion of the State Health Facilities and
Service Plan developed pursuant to Section 127155.
SEC. 176. Section 2202 of the Health and Safety Code is amended to
read:
2202. (a) Except as otherwise provided in subdivision (b), every
mosquito abatement district or vector control district employee who
handles, applies, or supervises the use of any pesticide for public
health purposes, shall be certified by the state department as a
vector control technician, in at least one of the following
categories commensurate with the assigned duties:
(1) Mosquito control.
(2) Terrestrial invertebrate vector control.
(3) Vertebrate vector control.
(b) The state 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 state 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 state department. If a certified
technician fails to meet the requirements set forth under subdivision
(c), the state department shall suspend the technician's certificate
or certificates and immediately notify the technician and the
employing district. The state department shall establish by
regulation procedures for reinstating a suspended certificate.
(e) The state 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 state department.
Each person employed in a position on the effective date of this
section 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 state 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 the 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.
SEC. 177. Section 2317 of the Health and Safety Code is amended to
read:
2317. (a) All revenues generated from the emergency mosquito
abatement standby charge ordinance shall be deposited in a separate
emergency mosquito abatement trust fund in the county treasury of the
county in which the district is organized, except that the county
may retain an amount not to exceed the actual costs of performing the
duties required by Section 2318.
(b) The trust fund shall not exceed fifty thousand dollars
($50,000) or 25 percent of the district's expenditures for operations
and maintenance in the immediately preceding fiscal year, whatever
is greater, except that the trust fund may exceed these limits by the
amount of interest earned.
(c) (1) The emergency mosquito abatement trust fund shall be used
solely for the abatement and extermination of mosquitoes, as provided
by Section 2270, except that the district may use 50 percent of any
interest earned on the trust fund for the general purposes of the
district. Not more than 50 percent of any interest earned on the
trust fund may be appropriated for deposit on or before June 30 of
each fiscal year in the Mosquitoborne Disease Surveillance Account in
the General Fund, created by Section 25852 of the Government Code.
Districts that agree to contribute to the Mosquitoborne Disease
Surveillance Account shall enter into a cooperative agreement
pursuant to subdivision (c) of Section 116180. The funds deposited
in the state account, when appropriated by the Legislature, shall be
used by the State Department of Health Services to support those
mosquitoborne disease field and laboratory surveillance activities
which are needed to carry out the provisions of this article. The
department shall not commit expenditures for the mosquitoborne
disease field and laboratory surveillance activities unless the funds
deposited in the Mosquitoborne Disease Surveillance Account are
sufficient for the ensuing fiscal year. If the amount of the
Mosquitoborne Disease Surveillance Account exceeds the amount
required for the ensuing fiscal year, plus a reserve of fifty
thousand dollars ($50,000), the excess shall be credited to the
participating districts as a reduction in the amount deposited in the
Mosquitoborne Disease Surveillance Account for the ensuing fiscal
year.
(2) The Legislature finds and declares that the use of district
funds for mosquitoborne disease surveillance serves a public purpose
of a district, as well as a public purpose of the state, within the
meaning of Section 6 of Article XVI of the California Constitution.
(d) The district shall not spend any part of the principal of the
emergency mosquito abatement trust fund unless the State Director of
Health Services has declared that the public health and safety are,
or may be, threatened by an unabated outbreak of mosquitoes in a
portion or all of the territory within the district, or that
conditions require emergency preventive mosquito abatement work, and
that the expenditure is necessary to protect the public health and
safety.
(e) The department shall adopt emergency regulations to implement,
interpret, or make specific the provisions of this article,
including, but not limited to, conditions under which the principal
of the emergency mosquito abatement trust fund may be expended, and
criteria for determining if a district has established adequate
emergency mosquito abatement procedures.
(f) Nothing in this section shall be construed as an alternative
for the abatement procedures authorized by Article 4 (commencing with
Section 2270).
SEC. 178. Section 2805 of the Health and Safety Code is amended to
read:
2805. (a) Except as otherwise provided in subdivision (b), every
pest abatement district employee who handles, applies, or supervises
the use of any pesticide for public health purposes, shall be
certified by the state department as a vector control technician in
at least one of the following categories commensurate with assigned
duties:
(1) Mosquito control.
(2) Terrestrial invertebrate vector control.
(3) Vertebrate vector control.
(b) The state 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 state 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 state department. If a certified
technician fails to meet the requirements set forth under subdivision
(c), the state department shall suspend the technician's certificate
or certificates and immediately notify the technician and the
employing district. The state department shall establish by
regulation procedures for reinstating a suspended certificate.
(e) The state 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 state department.
Each person employed in a position on the effective date of this
section 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 state 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.
SEC. 179. Section 3381 of the Health and Safety Code, as amended
by Chapter 291 of the Statutes of 1995, is amended and renumbered to
read:
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) Hepatitis B for all children entering the institutions listed
in subdivision (b) at the kindergarten level or below on or after
August 1, 1997.
(10) Any other disease deemed appropriate by the state 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 state department may specify the immunizing agents which
may be utilized and the manner in which immunizations are
administered.
SEC. 180. The heading of Article 3 (commencing with Section 3396)
of Chapter 7 of Division 4 of the Health and Safety Code is amended
to read:
CHAPTER 2.5. DISCLOSURE OF IMMUNIZATION STATUS
SEC. 181. Section 3396 of the Health and Safety Code, as added by
Chapter 314 of the Statutes of 1995, is amended and renumbered to
read:
120440. (a) For the purposes of this chapter, "health care
provider" means any person licensed pursuant to Division 2
(commencing with Section 500) of the Business and Professions Code.
(b) Local health officers may operate immunization information
systems pursuant to their authority under Section 120175, in
conjunction with the Immunization Branch of the State Department of
Health Services.
(c) Notwithstanding any other provision of law, unless a refusal
to permit recordsharing is made pursuant to subdivision (e), health
care providers may disclose the information set forth in paragraphs
(1) to (9), inclusive, from the patient's medical record to local
health departments operating countywide immunization information and
reminder systems and the State Department of Health Services. Local
health departments and the State Department of Health Services may
disclose the information set forth in paragraphs (1) to (9),
inclusive, to other local health departments and health care
providers taking care of the patient, upon request for information
pertaining to a specific person. All of the following information
shall be subject to this subdivision:
(1) The name of the patient and names of the patient's parents or
guardians.
(2) Date of birth of the patient.
(3) Types and dates of immunizations received by the patient.
(4) Manufacturer and lot number for each immunization received.
(5) Adverse reaction to immunizations received.
(6) Other nonmedical information necessary to establish the
patient's unique identity and record.
(7) Current address and telephone number of the patient and the
patient's parents or guardians.
(8) Patient's gender.
(9) Patient's place of birth.
(d) Health care providers, local health departments, and the State
Department of Health Services shall maintain the confidentiality of
information listed in subdivision (c) in the same manner as other
medical record information with patient identification that they
possess, and shall use the information only for the following
purposes:
(1) To provide immunization services to the patient, including
issuing reminder notifications to patients or their parents or
guardians when immunizations are due.
(2) To provide or facilitate provision of third-party payer
payments for immunizations.
(3) To compile and disseminate statistical information of
immunization status on groups of patients or populations in
California, without patient identifying information for these
patients included in these groups or populations.
(e) A patient or a patient's parent or guardian may refuse to
permit recordsharing. The health care provider administering
immunization shall inform the patient or the patient's parent or
guardian of the following:
(1) The information listed in subdivision (c) may be shared with
local health departments, and the State Department of Health
Services. The health care provider shall provide the name and
address of the department or departments with which the provider will
share the information.
(2) Any of the information shared will be treated as confidential
medical information and used only to help provide immunization
services to the patient, or to issue reminder notifications to the
patient or patient's parent or guardian if immunizations are due or
overdue.
(3) The patient or patient's parent or guardian has the right to
examine any immunization-related information shared in this manner
and to correct any errors in it.
(4) The patient or the patient's parent or guardian may refuse to
allow this information to be shared in the manner described, or to
receive immunization reminder notifications at any time, or both.
(f) If the patient or patient's parent or guardian refuses to
allow the information to be shared, pursuant to paragraph (4) of
subdivision (e), the health care provider shall not share this
information in the manner described in subdivision (c).
(g) Upon request of the patient or the patient's parent or
guardian, in writing or by other means acceptable to the recipient, a
local health department or the State Department of Health Services
that has received information about a person pursuant to subdivision
(c) shall do all of the following:
(1) Provide the name and address of other persons or agencies with
whom the recipient has shared the information.
(2) Stop sharing the information in its possession after the date
of the receipt of the request.
(h) Upon notification, in writing or by other means acceptable to
the recipient, of an error in the information, a local health
department or the State Department of Health Services that has
information about a person pursuant to subdivision (c) shall correct
the error. If the recipient is aware of a disagreement about whether
an error exists, information to that effect may be included.
(i) Section 120330 shall not apply to this section.
SEC. 182. Section 4010.1 of the Health and Safety Code, as amended
by Chapter 673 of the Statutes of 1995, is amended and renumbered to
read:
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) "Primary drinking water standards" means:
(1) Maximum levels of contaminants that, in the judgment of the
department, may have an adverse effect on the health of persons.
(2) Specific treatment techniques adopted by the department in
lieu of maximum contaminant levels pursuant to subdivision (c) of
Section 116365.
(3) The monitoring and reporting requirements as specified in
regulations adopted by the department that pertain to maximum
contaminant levels.
(d) "Secondary drinking water standards" means 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.
(e) "Human consumption" means the use of water for drinking,
bathing or showering, hand washing, food preparation, cooking, or
oral hygiene.
(f) "Maximum contaminant level" means the maximum permissible
level of a contaminant in water.
(g) "Person" means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.
(h) "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 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 that 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 water system that treats water on behalf of one or more
public water systems for the purpose of rendering it safe for human
consumption.
(i) "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.
(j) "Noncommunity water system" means a public water system that
meets one of the following criteria:
(1) Serves drinking water to 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.
(k) "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.
(l) "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.
(m) "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 drinking water to more than an average of 25
individuals daily for more than 60 days out of the year.
(n) "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.
(o) "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.
(p) "Local primacy agency" means any local health officer that has
applied for and received primacy delegation from the department
pursuant to Section 116330.
(q) "Service connection" means the point of connection between the
customer's piping or ditch, and the public community water system's
meter, service pipe, or ditch.
(r) "Resident" means a person who physically occupies, whether by
ownership, rental, lease or other means, the same dwelling for at
least 60 days of the year.
SEC. 183. Section 4010.35 of the Health and Safety Code, as added
by Chapter 673 0f the Statutes of 1995, is amended and renumbered to
read:
116282. Except as provided in this section, and except for the
fee requirements of Section 116565, the department shall exempt from
the water quality requirements of this chapter, any noncommunity
water system serving a transient population that provides restrooms
for employees or the public provided that the water system
demonstrates to the department that it meets all of the following
criteria:
(a) The water system is in compliance with either of the
following:
(1) No water is served by the water system for any public human
consumption other than for handwashing.
(2) If water is served for public human consumption other than for
handwashing, bottled water from a source approved by the department
is provided for the consumption other than handwashing.
(b) The water for handwashing is bacteriologically safe. This
shall be ensured by sampling the water for coliform bacteria at least
once each calendar year. The samples shall be analyzed and the
results reported to the department in accordance with Section 64423.1
of Title 22 of the California Code of Regulations.
(c) The noncommunity water system is not a business regulated as a
food facility under Section 113785.
SEC. 184.
Section 4017 of the Health and Safety Code, as amended by Chapter 673
of the Statutes of 1995, is amended and renumbered to read:
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.
(d) Employ or utilize only water treatment plant operators or
operators-in-training that have been certified by the department at
the appropriate grade.
SEC. 186. Section 4026.7 of the Health and Safety Code, as added
by Chapter 660 of the Statutes of 1995, is amended and renumbered to
read:
116410. (a) In order to promote the public health through the
protection and maintenance of dental health, the department shall
adopt regulations pursuant to Chapter 3.5 (commencing with Section
11340) of Division 3 of Title 2 of the Government Code, requiring the
fluoridation of public water systems. By July 1, 1996, each public
water system with at least 10,000 services connections shall provide
to the department an estimate of the total capital costs to install
fluoridation treatment. The regulations adopted by the department
shall take effect on January 1, 1997.
(b) The regulations shall include, but not be limited to, the
following:
(1) Minimum and maximum permissible concentrations of fluoride to
be maintained by fluoridation of public water systems.
(2) The requirements and procedures for maintaining proper
concentrations of fluoride, including equipment, testing,
recordkeeping, and reporting.
(3) Requirements for the addition of fluorides to public water
systems in which the natural level of fluorides is less than the
minimum level established in the regulations.
(4) A schedule for the fluoridation of public water systems with
at least 10,000 service connections, based on the lowest capital cost
per connection for each system.
SEC. 187. Section 4026.8 of the Health and Safety Code, as added
by Chapter 660 of the Statutes of 1995, is amended and renumbered to
read:
116415. (a) (1) A public water system is not required to comply
with Section 116410, or the regulations adopted thereunder by the
department, in either of the following situations:
(A) If the public water system is scheduled to implement a
fluoridation program pursuant to paragraph (4) of subdivision (b) of
Section 116410 and funds are not available to the public water system
sufficient to pay the capital and associated costs from any source
other than the system's ratepayers, shareholders, local taxpayers,
bondholders, or any fees or charges levied by the water system.
(B) If the public water system has obtained the capital and
associated funds necessary for fluoridation as set forth in
subparagraph (A), however, in any given fiscal year (July 1-June 30)
funding is not available to the public water system sufficient to pay
the noncapital operation and maintenance costs described in
subdivision (g) from any source other than the system's ratepayers,
shareholders, local taxpayers, bondholders, or any fees or charges
levied by the water system.
(2) Each year the department shall prepare and distribute a list
of those water systems that do not qualify for exemption under this
section from the fluoridation requirements of Section 116410. This
list shall include water systems that have received, or are expected
to receive, sufficient funding for capital and associated costs so as
to not qualify for exemption under subparagraph (A) of paragraph
(1), and have received, or anticipate receiving, sufficient
noncapital maintenance and operation funding pursuant to subdivision
(g), so that they do not qualify for exemption under subparagraph (B)
of paragraph (1).
(3) Any water system that has acquired the funds necessary for
fluoridation as set forth in subparagraph (A) of paragraph (1), and
is not included in the list pursuant to paragraph (2), may elect to
exercise the option not to fluoridate during the following fiscal
year pursuant to subparagraph (B) of paragraph (1) by so notifying
the department by certified mail on or before June 1.
(4) The permit issued by the department for a public water system
that is scheduled to implement fluoridation pursuant to paragraph (4)
of subdivision (b) of Section 116410 shall specify whether it is
required to fluoridate pursuant to Section 116410, or whether it has
been granted an exemption pursuant to either subparagraph (A) or
subparagraph (B) of paragraph (1).
(b) The department shall enforce Section 116410 and this section,
and all regulations adopted pursuant to these sections, unless
delegated pursuant to a local primary agreement.
(c) If the owner or operator of any public water system subject to
Section 116410 fails, or refuses, to comply with any regulations
adopted pursuant to Section 116410, or any order of the department
implementing these regulations, the Attorney General shall, upon the
request of the department, institute mandamus proceedings, or other
appropriate proceedings, in order to compel compliance with the
order, rule, or regulation. This remedy shall be in addition to all
other authorized remedies or sanctions.
(d) Neither this section nor Section 116410 shall supersede
subdivision (b) of Section 116410.
(e) The department shall seek all sources of funding for
enforcement of the standards and capital cost requirements
established pursuant to this section and Section 116410, including,
but not limited to, all of the following:
(1) Federal block grants.
(2) Donations from private foundations.
Expenditures from governmental sources shall be subject to
specific appropriation by the Legislature for these purposes.
(f) A public water system with less than 10,000 service
connections may elect to comply with the standards, compliance
requirements, and regulations for fluoridation established pursuant
to this section and Section 116410.
(g) Costs, other than capital costs, incurred in complying with
this section and Section 116410, including regulations adopted
pursuant to those sections, may be paid from federal grants, or
donations from private foundations, for these purposes. Each public
water system that will incur costs, other than capitalization costs,
as a result of compliance with this section and Section 116410, shall
provide an estimate to the department of the anticipated total
annual operations and maintenance costs related to fluoridation
treatment by January 1 of each year.
(h) A public water system subject to the jurisdiction of the
Public Utilities Commission shall be entitled to recover from its
customers all of its capital and associated costs, and all of its
operation and maintenance expenses associated with compliance with
this section and Section 116410. The Public Utilities Commission
shall approve rate increases for an owner or operator of a public
water system that is subject to its jurisdiction within 45 days of
the filing of an application or an advice letter, in accordance with
the commission's requirements, showing in reasonable detail the
amount of additional revenue required to recover the foregoing
capital and associated costs, and operation and maintenance expenses.
SEC. 188. Section 4049.54 of the Health and Safety Code, as
amended by Chapter 28 of the Statutes of 1995, is amended and
renumbered to read:
116815. (a) All pipes installed above or below the ground, on and
after June 1, 1993, that are designed to carry recycled 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 recycled water on their premises, as
otherwise required by a local agency, that clearly distinguishes
recycled water from potable water.
(2) Water delivered for agricultural use.
(c) For purposes of this section, "recycled water" has the same
meaning as defined in subdivision (n) of Section 13050 of the Water
Code.
SEC. 189. Section 6542 of the Health and Safety Code is amended to
read:
6542. In the application of those acts to proceedings under this
article the terms used in those acts shall have the following
meanings:
(a) "City council" and "council" mean board.
(b) "City" and "municipality" mean district.
(c) "Clerk" and "city clerk" mean secretary.
(d) "Superintendent of streets," "street superintendent," and
"city engineer" mean the engineer of the district, or any other
person appointed to perform the duties.
(e) "Tax collector" means county tax collector.
(f) "Treasurer" and "city treasurer" mean any person or official
who has charge of and makes payment of the funds of the district.
(g) "Right-of-way" means any parcel of land in, on, under or
through which a right-of-way or easement has been granted to the
district for the purpose of constructing and maintaining any of the
works or improvements mentioned in Section 6540.
(h) "Health officer" means the health officer appointed by the
legislative body having jurisdiction over all or any portion of the
territory to be served by any of the works mentioned in Section 6540,
except that as to cities that have consented to or contracted for
health administration by the county health officer pursuant to
Article 2 (commencing with Section 101375) of, or Article 3
(commencing with Section 101400) of, Chapter 4 of Part 3 of Division
101, it shall mean the county health officer.
SEC. 190. Section 7025 of the Health and Safety Code is amended to
read:
7025. "Disposition" means the interment of human remains within
California, or the shipment outside of California, for lawful
interment or scattering elsewhere, including release of remains
pursuant to Section 103060.
SEC. 191. Section 7054 of the Health and Safety Code is amended to
read:
7054. (a) Except as authorized pursuant to the sections referred
to in subdivision (b), every person who deposits or disposes of any
human remains in any place, except in a cemetery, is guilty of a
misdemeanor.
(b) Cremated remains may be disposed of pursuant to Sections 7117
and 103060 or Sections 7054.6 and 103060.
(c) Subdivision (a) of this section shall not apply to the
reburial of Native American remains under an agreement developed
pursuant to subdivision (l) of Section 5097.94 of the Public
Resources Code, or implementation of a recommendation or agreement
made pursuant to Section 5097.98 of the Public Resources Code.
SEC. 192. Section 7054.6 of the Health and Safety Code is amended
to read:
7054.6. Cremated remains may be removed in a durable container
from the place of cremation or interment and kept in the dwelling
owned or occupied by the person having the right to control
disposition of the remains under Section 7100, or the durable
container holding the cremated remains may be kept in a church or
religious shrine, if written permission of the church or religious
shrine is obtained and there is no conflict with local use permit
requirements or zoning laws, if the removal is under the authority of
a permit for disposition granted under Section 103060. The
placement, in any place, of six or more cremated remains under this
section does not constitute the place a cemetery, as defined in
Section 8100.
SEC. 193. Section 7117 of the Health and Safety Code is amended to
read:
7117. Cremated remains may be taken by boat from any harbor in
this state, or by air, for burial at sea. Cremated remains shall be
removed from their container before the remains are buried at sea.
Any person who buries at sea, either from a boat or from the air,
any human cremated remains shall file with the local registrar of
births and deaths in the county nearest the point where the remains
were buried, a verified statement containing the name of the deceased
person, the time and place of death, the place at which the cremated
remains were buried, and any other information that the local
registrar of births and deaths may require. The first copy of the
endorsed permit shall be filed with the local registrar of births and
deaths within 10 days of disposition. The third copy shall be
returned to the office of issuance.
Notwithstanding any other provision of this code, the cremated
remains of a deceased person may be buried at sea as provided in this
section and Section 103060.
SEC. 194. Section 8961.5 of the Health and Safety Code is amended
to read:
8961.5. (a) Notwithstanding Sections 8961 and 8961.1, the
trustees may permit any cemetery maintained by the district to be
used for the burial within the ground of any deceased nonresident of
the district if the decedent died while serving on active duty in the
armed forces or active militia or while in the line of duty as a
peace officer or firefighter, and if all of the following conditions
are met:
(1) The trustees determine that the cemetery has adequate space
for the foreseeable future.
(2) The district has established an endowment care fund that
requires at least the minimum deposit set forth in Section 8738.
(3) The district requires the payment of a nonresident fee
established pursuant to Section 8894.
(b) As used in this section, the following definitions shall
control:
(1) "Armed forces" has the meaning set forth in Section 18540 of
the Government Code.
(2) "Active militia" has the meaning set forth in Section 120 of
the Military and Veterans Code.
(3) "Peace officer" has the meaning set forth in Section 830 of
the Penal Code.
(4) "Firefighter" has the meaning set forth in Section 1797.182.
SEC. 195. Section 10605 of the Health and Safety Code, as amended
by Chapter 880 of the Statutes of 1995, is amended and renumbered to
read:
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 either to 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) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county 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.
(3) (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.
SEC. 196. Section 11026 of the Health and Safety Code is amended
to read:
11026. "Practitioner" means any of the following:
(a) A physician, dentist, veterinarian, podiatrist, or pharmacist
acting within the scope of a project authorized under Article 1
(commencing with Section 128125) of Chapter 3 of Part 3 of Division
107, or registered nurse acting within the scope of a project
authorized under Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107, or physician assistant acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107.
(b) A pharmacy, hospital, or other institution licensed,
registered, or otherwise permitted to distribute, dispense, conduct
research with respect to or to administer a controlled substance in
the course of professional practice or research in this state.
(c) A scientific investigator, or other person licensed,
registered, or otherwise permitted, to distribute, dispense, conduct
research with respect to, or administer, a controlled substance in
the course of professional practice or research in this state.
SEC. 197. Section 11122 of the Health and Safety Code is amended
to read:
11122. (a) A controlled substance shall be stored only in a
warehouse that is licensed by the Board of Pharmacy.
(b) This section shall not apply to any of the following:
(1) Any pharmacy or other person who is licensed or authorized by
this state to sell or furnish the controlled substance upon the
written prescription of a practitioner, as defined in subdivision (a)
of Section 11026.
(2) Any practitioner, as defined in subdivision (a) of Section
11026, who possesses a controlled substance for administration to his
or her patients.
(3) Any licensed laboratory in this state that is authorized to
receive and use the controlled substance.
(4) Any licensed hospital in this state.
(5) Any person who obtains the controlled substance upon the
prescription of a practitioner, as defined in subdivision (a) of
Section 11026, for his or her personal use.
(6) Any agent or employee of any licensed manufacturer or
wholesaler who possesses the controlled substance for display
purposes or furnishes controlled substances as a sample at no cost to
a licensed pharmacist or practitioner, as defined in subdivision (a)
of Section 11026.
(7) A manufacturer licensed pursuant to Section 111615 of this
code or Section 4084 or 4084.6 of the Business and Professions Code.
(8) A wholesaler licensed pursuant to Section 4084 or 4084.6 of
the Business and Professions Code.
(9) Any emergency medical technician-II, emergency medical
technician-paramedic, or mobile intensive care nurse, certified or
authorized pursuant to Division 2.5 (commencing with Section 1797) to
provide prehospital limited advanced life support or advanced life
support as part of a local emergency medical services system, who, in
a secure manner and according to policies and procedures established
by the local emergency medical services agency as part of the local
emergency medical services plan, transports, stores, or administers
controlled substances acting within his or her scope of practice.
(10) Any emergency medical response or transport unit that has
been approved by the local emergency medical services agency and is
operating as part of the local emergency medical services system
according to policies and procedures established by the local medical
services agency for the emergency medical treatment and transport of
patients, upon which, controlled substances authorized by the scope
of practice of the prehospital personnel approved to staff the unit
are stored or transported in a secure manner according to policies
and procedures established by the local emergency medical services
agency.
SEC. 198. Section 11150 of the Health and Safety Code is amended
to read:
11150. No person other than a physician, dentist, podiatrist, or
veterinarian, or pharmacist acting within the scope of a project
authorized under Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107, or registered nurse acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107, or
physician assistant acting within the scope of a project authorized
under Article 1 (commencing with Section 128125) of Chapter 3 of Part
3 of Division 107 or out-of-state prescriber pursuant to Section
4008 of the Business and Professions Code shall write or issue a
prescription.
SEC. 199. Section 11210 of the Health and Safety Code is amended
to read:
11210. A physician, surgeon, dentist, veterinarian, or
podiatrist, or pharmacist acting within the scope of a project
authorized under Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107, or registered nurse acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107, or
physician assistant acting within the scope of a project authorized
under Article 1 (commencing with Section 128125) of Chapter 3 of Part
3 of Division 107 may prescribe for, furnish to, or administer
controlled substances to his or her patient when the patient is
suffering from a disease, ailment, injury, or infirmities attendant
upon old age, other than addiction to a controlled substance.
The physician, surgeon, dentist, veterinarian, or podiatrist, or
pharmacist acting within the scope of a project authorized under
Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of
Division 107, or registered nurse acting within the scope of a
project authorized under Article 1 (commencing with Section 128125)
of Chapter 3 of Part 3 of Division 107, or physician assistant acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107 shall
prescribe, furnish, or administer controlled substances only when in
good faith he or she believes the disease, ailment, injury, or
infirmity requires the treatment.
The physician, surgeon, dentist, veterinarian, or podiatrist, or
pharmacist acting within the scope of a project authorized under
Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of
Division 107, or registered nurse acting within the scope of a
project authorized under Article 1 (commencing with Section 128125)
of Chapter 3 of Part 3 of Division 107, or physician assistant acting
within the scope of a project authorized under Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107 shall
prescribe, furnish, or administer controlled substances only in the
quantity and for the length of time as are reasonably necessary.
SEC. 200. Section 11250 of the Health and Safety Code is amended
to read:
11250. No prescription is required in case of the sale of
controlled substances at retail in pharmacies by pharmacists to any
of the following:
(a) Physicians.
(b) Dentists.
(c) Podiatrists.
(d) Veterinarians.
(e) Pharmacists acting within the scope of a project authorized
under Article 1 (commencing with Section 128125) of Chapter 3 of Part
3 of Division 107, or registered nurses acting within the scope of a
project authorized under Article 1 (commencing with Section 128125)
of Chapter 3 of Part 3 of Division 107, or physician assistants
acting within the scope of a project authorized under Article 1
(commencing with Section 128125) of Chapter 3 of Part 3 of Division
107.
In any sale mentioned in this article, there shall be
executed any written order that may otherwise be required by federal
law relating to the production, importation, exportation,
manufacture, compounding, distributing, dispensing, or control of
controlled substances.
SEC. 201. Section 11251 of the Health and Safety Code is amended
to read:
11251. No prescription is required in case of sales at wholesale
by pharmacies, jobbers, wholesalers and manufacturers to any of the
following:
(a) Pharmacies as defined in the Business and Professions Code.
(b) Physicians.
(c) Dentists.
(d) Podiatrists.
(e) Veterinarians.
(f) Other jobbers, wholesalers or manufacturers.
(g) Pharmacists acting within the scope of a project authorized
under Article 1 (commencing with Section 128125) of Chapter 3 of Part
3 of Division 107, or registered nurses acting within the scope of a
project authorized under Article 1 (commencing with Section 128125)
of Chapter 3 of Part 3 of Division 107, or physician assistants
acting within the scope of a project authorized under Article 1
(commencing with Section 128125) of Chapter 3 of Part 3 of Division
107.
SEC. 202. Section 11758.54 of the Health and Safety Code is
amended to read:
11758.54. (a) The department, in cooperation with San Luis Obispo
County, shall evaluate the pilot project created pursuant to this
chapter. The evaluation shall include numbers of intravenous (IV)
drug users in target counties, status of HIV test results among
alcoholics and IV drug users not in recovery, drug and
alcohol-related jail intakes, and repeat offenses. Changes in the
above data following completion of the in-home detoxification project
shall be carefully scrutinized. Particular attention shall be paid
to changes in incidence of HIV test results among individuals
requesting testing from the San Luis Obispo County health department
and repeat alcohol- and drug-related offenses as tracked by the
county jail, municipal court, and Department of Motor Vehicles.
(b) Additional monitoring and outcome data shall be collected
regarding clients of the in-home detoxification pilot project, that
shall include each of the following:
(1) Clients' health status at time of intake screening.
(2) Clients' health status during detoxification.
(3) Clients' health status after detoxification.
(4) Status and results of HIV testing for those choosing the test.
(5) Numbers of detoxification referrals completed.
(6) Numbers of successful referrals to followup.
(7) Rate of subsequent rearrest.
(c) The degree of successful completion of program objectives
shall also be analyzed and discussed. Analysis shall be based on
results of monitoring instruments designed for the in-home
detoxification project that shall include all of the following:
(1) Numbers of referrals to the in-home detoxification project
initiated.
(2) Numbers of clients (both detoxification clients and family
members) who successfully meet educational criteria related to AIDS
education.
(3) Numbers of detoxification referrals completed.
(4) Numbers of successful referrals to followup treatment.
(5) Rate of subsequent rearrest.
(d) The department shall submit an evaluation of the pilot project
to the Governor and the Legislature not later than July 1, 1992.
(e) Blood testing and test result disclosure shall be in
accordance with Chapter 7 (commencing with Section 120975) and
Chapter 10 (commencing with Section 121075) of Part 4 of Division
105.
SEC. 203. Section 15097.105 of the Health and Safety Code, as
amended by Chapter 543 of the Statutes of 1995, is amended and
renumbered to read:
130025. (a) In the event of a seismic event, or other natural or
manmade calamity that the office believes is of a magnitude so 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.
(f) For purposes of this section, "hospital building" includes the
buildings referred to in paragraphs (2) and (3) of subdivision (b)
of Section 129725.
SEC. 204. Section 17961 of the Health and Safety Code is amended
to read:
17961. The housing department or, if there is no housing
department, the health department, of every city, county or city and
county, or any environmental agency authorized pursuant to Section
101275, shall enforce within its jurisdiction all of this part, the
building standards published in the State Building Standards Code,
and the other rules and regulations adopted pursuant to this part
pertaining to the maintenance, sanitation, ventilation, use, or
occupancy of apartment houses, hotels, or dwellings. The health
department or the environmental agency may, in conjunction with a
local housing department, enforce within its jurisdictions all of
this part, the building standards published in the State Building
Standards Code, and the other rules and regulations adopted pursuant
to this part pertaining to the maintenance, sanitation, ventilation,
use, or occupancy of apartment houses, hotels or dwellings, provided
the agencies shall not duplicate enforcement activities.
SEC. 205. Section 24174 of the Health and Safety Code is amended
to read:
24174. As used in this chapter, "medical experiment" means:
(a) The severance or penetration or damaging of tissues of a human
subject or the use of a drug or device, as defined in Section 109920
or 109925, electromagnetic radiation, heat or cold, or a biological
substance or organism, in or upon a human subject in the practice or
research of medicine in a manner not reasonably related to
maintaining or improving the health of the subject or otherwise
directly benefiting the subject.
(b) The investigational use of a drug or device as provided in
Sections 111590 and 111595.
(c) Withholding medical treatment from a human subject for any
purpose other than maintenance or improvement of the health of the
subject.
SEC. 206. Section 24177 of the Health and Safety Code is amended
to read:
24177. This chapter shall not supersede, but shall be in addition
to, Article 4 (commencing with Section 111515) of Chapter 6 of Part
5 of Division 104 of this code and Title 2.1 (commencing with Section
3500) of Part 3 of the Penal Code.
SEC. 207. Section 24425 of the Health and Safety Code, as amended
by Chapter 176 of the Statutes of 1995, is amended and renumbered to
read:
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 each industrial container bears a
warning label or 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 label or 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 label or labels shall be either of the following:
(1) One label of at least six inches in height, by at least two
inches in width, and containing a minimum total area of at least 17
square inches. The label shall be placed on the side of the
container near where the handle is inserted. The top half of the
label shall be in English and the bottom half of the label shall be
in Spanish; or
(2) Two labels of 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 one label shall be placed on each side of the
container 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".
SEC. 208. Section 25020.5 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
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 pathology
laboratories.
(2) Cultures and stocks of infectious agents from research and
industrial laboratories.
(3) Wastes from the production of bacteria, viruses, spores,
discarded live and attenuated vaccines used in human health care or
research, discarded animal vaccines, including Brucellosis and
Contagious Ecthyma, as identified by the department, and culture
dishes and devices used to transfer, inoculate, and mix cultures.
(b) 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.
(c) Animal parts, tissues, fluids, or carcasses suspected by the
attending veterinarian of being contaminated with infectious agents
known to be contagious to humans.
(d) 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.
(e) Waste containing discarded materials contaminated with
excretion, exudate, or secretions from humans or animals that 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 diseases of animals that are highly communicable to humans.
(f) (1) 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,
chemotherapeutic agents, including, but not limited to, gloves,
disposable gowns, towels, and intravenous solution bags and attached
tubing that are empty. A biohazardous waste which meets the
conditions of this paragraph is not subject to Chapter 6.5
(commencing with Section 25100).
(2) For purposes of this subdivision, "chemotherapeutic agent"
means an agent that kills or prevents the reproduction of malignant
cells.
(3) 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.
SEC. 209. Section 25021.9 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
117662. "Health care professional" means any person licensed or
certified pursuant to Division 2 (commencing with Section 500) of the
Business and Professions Code; any person licensed pursuant to the
Osteopathic Initiative Act, as set forth in Chapter 8 (commencing
with Section 3600) of Division 2 of the Business and Professions
Code, or pursuant to the Chiropractic Initiative Act, as set forth in
Chapter 2 (commencing with Section 1000) of Division 2 of the
Business and Professions Code; and any person certified pursuant to
Division 2.5 (commencing with Section 1797).
SEC. 210. Section 25022.8 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
117680. "Large quantity generator" means a medical waste
generator that generates 200 or more pounds of medical waste in any
month of a 12-month period.
SEC. 211. Section 25023.2 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
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 actions:
(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.
(D) The accumulation of properly contained home-generated sharps
waste that is brought by a patient, a member of his or her family, or
by a person authorized by the enforcement agency, to a point of
consolidation approved by the enforcement agency pursuant to Section
117904 or authorized pursuant to Section 118147.
(2) The waste is any of the following:
(A) Biohazardous waste.
(B) Sharps waste.
(b) For purposes of this section, "biologicals" means medicinal
preparations made from living organisms and their products,
including, but not limited to, serums, vaccines, antigens, and
antitoxins.
SEC. 212. Section 25023.8 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
117700. Medical waste does not include any of the following:
(a) Waste generated in food processing or biotechnology that does
not contain an infectious agent as defined in Section 117675.
(b) Waste generated in biotechnology that does not contain human
blood or blood products or animal blood or blood products suspected
of being contaminated with infectious agents known to be communicable
to humans.
(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears,
and vomitus, unless they contain fluid blood, except as defined in
subdivision (e) of Section 117635.
(d) Waste that is not biohazardous, including, but not limited to,
paper towels, paper products, articles containing nonfluid blood,
and other medical solid waste products commonly found in the
facilities of medical waste generators.
(e) Hazardous waste, radioactive waste, or household waste.
(f) Waste generated from normal and legal veterinarian,
agricultural, and animal livestock management practices on a farm or
ranch.
SEC. 213. Section 25024 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
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 (d) 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.
SEC. 214. Section 25025.9 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
117742. "Parent organization" means an organization that employs
or contracts with health care professionals who provide health care
services at a location other than at a health care facility specified
in subdivision (a) of Section 117705.
SEC. 215. Section 25027 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
117765. "Storage" means the holding of medical wastes, in
accordance with Chapter 9 (commencing with Section 118275), at a
designated accumulation area, offsite point of consolidation,
transfer station, other registered facility, or in a vehicle detached
from its means of locomotion.
SEC. 216. Section 25027.5 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
117775. "Transfer station" means any offsite location where
medical waste is loaded, unloaded, stored, or consolidated by a
registered hazardous waste hauler, or a holder of a limited quantity
hauling exemption granted pursuant to Section 118030, during the
normal course of transportation of the medical waste. "Transfer
station" does not include any onsite facility, including, but not
limited to, common storage facilities, facilities of medical waste
generators employed for the purpose of consolidation, or onsite
treatment facilities.
SEC. 217. Section 25030.5 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
117904. (a) In addition to the consolidation points authorized
pursuant to Section 118147, the enforcement agency may approve a
location as a point of consolidation for the collection of
home-generated sharps waste, which, after collection, shall be
transported and treated as medical waste.
(b) A consolidation location approved pursuant to this section
shall be known as a "home-generated sharps consolidation point."
(c) A home-generated sharps consolidation point is not subject to
the requirements of Chapter 9 (commencing with Section 118275), to
the permit or registration requirements of this division, or to any
permit or registration fees, with regard to the activity of
consolidating home-generated sharps waste pursuant to this section.
(d) A home-generated sharps consolidation point shall comply with
all of the following requirements:
(1) All sharps waste shall be placed in sharps containers.
(2) Sharps containers ready for disposal shall not be held for
more than seven days without the written approval of the enforcement
agency.
(e) An operator of a home-generated sharps consolidation point
approved pursuant to this section shall not be considered the
generator of that waste.
(f) The medical waste treatment facility that treats the sharps
waste subject to this section shall maintain the tracking documents
required by Sections 118040 and 118165 with regard to that sharps
waste.
SEC. 218. Section 25041 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
117930. Small quantity generators that treat waste onsite,
pursuant to subdivision (a) of Section 117925, shall register with
the enforcement agency prior to the commencement of treatment.
SEC. 219. Section 25055 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
117975. A medical waste generator required to register pursuant
to this chapter shall maintain individual treatment, and tracking
records, if medical waste is removed from the generator's site for
treatment, for three years or for the period specified in the
regulations.
SEC. 220. Section 25061 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
118030. (a) A medical waste generator or parent organization that
employs health care professionals who generate medical waste may
apply to the enforcement agency for a limited-quantity hauling
exemption, if the generator or health care professional meets all of
the following requirements:
(1) The generator or health care professional generates less than
20 pounds of medical waste per week, transports less than 20 pounds
of medical waste at any one time, and the generator or parent
organization has on file one of the following:
(A) If the generator or parent organization is a small quantity
generator required to register pursuant to Chapter 4 (commencing with
Section 117915), a medical waste management plan prepared pursuant
to Section 117935.
(B) If the generator or parent organization is a small quantity
generator not required to register pursuant to Chapter 4 (commencing
with Section 117915), the information document maintained pursuant to
subdivision (a) of Section 117945.
(C) If the parent organization is a large quantity generator, a
medical waste management plan prepared pursuant to Section 117960.
(2) The generator or health care professional who generated
medical waste transports the medical 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, a
parent organization, or another health care facility for the purpose
of consolidation before treatment and disposal.
(3) Except as provided in paragraph (4), the generator maintains a
tracking document, as specified in Section 118040.
(4) (A) Notwithstanding paragraph (3), if a health care
professional who generates medical waste returns the medical waste to
the parent organization, a single-page form or multiple entry log
may be substituted for the tracking document, if the form or log
contains all of the following information:
(i) The name of the person transporting the medical waste.
(ii) The number of containers and type of medical waste. This
subparagraph does not require any generator to maintain a separate
medical waste container for every patient or to maintain records as
to the specified source of the medical waste in any container.
(iii) The date that the medical waste was returned.
(B) This paragraph does not prohibit the use of a single document
to verify the return of more than one container over a period of
time, if the form or log is maintained in the files of the parent
organization once the page is completed.
(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 medical waste for the transporter. If the
generator or parent organization identifies more than four persons
who will be transporting medical waste, the generator or parent
organization shall pay an additional fee of five dollars ($5) for
each person, up to a maximum additional fee of twenty-five dollars
($25).
SEC. 221. Section 25062.5 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
118035. For the purpose of transferring medical waste prior to
reaching a permitted medical waste treatment facility, 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.
SEC. 222. Section 25063 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
118040. (a) Except with regard to sharps waste consolidated by a
home-generated sharps consolidation point approved pursuant to
Section 117904, 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 that the medical waste is collected or removed from
the generator's facility, the date that the medical waste is received
by the transfer station, the registered large quantity generator, or
point of consolidation, if applicable, and the date that the medical
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 8 (commencing with
Section 118215) prior to being transported out of the state.
SEC. 223. Section 25070.4 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
118147. Notwithstanding any other provision of this part, a
registered medical waste generator, that is a facility specified in
subdivisions (a) and (b) of Section 117705, may accept
home-generated sharps waste, to be consolidated with the facility's
medical waste stream, subject to all of the following conditions:
(a) The generator of the sharps waste, a member of the generator's
family, or a person authorized by the enforcement agency transports
the sharps waste to the medical waste generator's facility.
(b) The sharps waste is accepted at a central location at the
medical waste generator's facility.
(c) A reference to, and a description of, the actions taken
pursuant to this section are included in the facility's medical waste
management plan adopted pursuant to Section 117960.
SEC. 224. Section 25080 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
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) (1) Biohazardous waste, that meets the conditions of
subdivision (f) of Section 117635 because it is contaminated through
contact with, or having previously contained, chemotherapeutic
agents, shall be segregated for storage, and, when placed in a
secondary container, that container shall be labeled with the words
"Chemotherapy Waste", "CHEMO", or other label approved by the
department on the lid and on the sides, so as to be visible from any
lateral direction, to ensure treatment of the waste pursuant to
Section 118222.
(2) Biohazardous waste, that meets the conditions of subdivision
(f) of Section 117635 because it is comprised of human surgery
specimens or tissues that have been fixed in formaldehyde or other
fixatives, shall be segregated for storage and, when placed in a
secondary container, that container shall be labeled with the words
"Pathology Waste", "PATH", or other label approved by the department
on the lid and on the sides, so as to be visible from any lateral
direction, to ensure treatment of the waste pursuant to Section
118222.
(e) Sharps waste, that meets the conditions of subdivision (f) of
Section 117635, shall be placed in sharps containers labeled in
accordance with the industry standard with the words "Chemotherapy
Waste", "Chemo", or other label approved by the department, and
segregated to ensure treatment of the waste pursuant to Section
118222.
(f) Biohazardous waste, which are recognizable human anatomical
parts, as specified in Section 118220, shall be segregated for
storage and, when placed in a secondary container for treatment as
pathology waste, that container shall be labeled with the words
"Pathology Waste", "PATH", or other label approved by the department
on the lid and on the sides, so as to be visible from any lateral
direction, to ensure treatment of the waste pursuant to Section
118222.
SEC. 225. Section 25081 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
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, or by the
enforcement officer in performance of an investigation pursuant to
Section 117820. Biohazardous waste shall not be disposed of before
being treated as prescribed in Chapter 8 (commencing with Section
118215).
(d) (1) Except as provided in paragraph (5), a person generating
biohazardous waste shall comply with the following requirements:
(A) If the person generates 20 or more pounds of biohazardous
waste per month, the person shall not contain or store biohazardous
or sharps waste above 0* Centigrade (32* Fahrenheit) at any onsite
location for more than seven days without obtaining prior written
approval of the enforcement agency.
(B) If a person generates less than 20 pounds of biohazardous
waste per month, the person shall not contain or store biohazardous
waste above 0* Centigrade (32 * 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 prior 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 prior written approval of the
enforcement agency.
(4) A person shall not store biohazardous or sharps waste above 0*
Centigrade (32* Fahrenheit) at any location or facility that is
offsite from the generator for more than seven days before treatment.
(5) Notwithstanding paragraphs (1) to (4), inclusive, if the odor
from biohazardous or sharps waste stored at a facility poses a
nuisance, the enforcement agency may require more frequent removal.
SEC. 226. Section 25088 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
118320. (a) Except as provided in subdivision (b), 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.
(b) (1) Grinding or compacting may be used when it is an integral
part of an alternative treatment method, approved by the department.
(2) A compactor may be used to compact medical waste if the type
of medical waste compactor proposed to be used is evaluated by the
department, and approved by the department prior to its use pursuant
to the following criteria:
(A) The compactor operates without the release of liquids or
pathogenic microorganisms from the medical waste during placement of
medical waste into, or removal from, the compactor units, and during
the compaction process.
(B) The compacted medical waste will not release liquids or
pathogens during any subsequent handling and no residual waste will
be left in the compactor unit after the process is completed.
(C) Compactor operations and maintenance personnel will not be at
any substantial increased risk of exposure to pathogens.
(D) The compactor has been demonstrated not to have any adverse
effects on any treatment method. If only specific treatment methods
are compatible with the compaction process, the department shall
condition its approval of the compactor for use only in conjunction
with treatment methods for which no adverse effects have been
demonstrated.
(c) 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 (b).
SEC. 227. Section 25090 of the Health and Safety Code, as amended
by Chapter 877 of the Statutes of 1995, is amended and renumbered to
read:
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, as defined in Section
40191 of the Public Resources Code, prior to disposal:
(a) (1) 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.
(2) Treatment with an alternative technology approved pursuant to
subdivision (d), that, due to the extremely high temperatures of
treatment in excess of 1300 degrees Fahrenheit, has received express
approval 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 micro-organisms.
(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.
SEC. 228. Section 25090.5 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
118220. Recognizable human anatomical parts, with the exception
of teeth not deemed infectious by the attending physician and surgeon
or dentist shall be disposed of by interment or in accordance with
subdivision (a) of Section 118215, unless otherwise hazardous.
SEC. 229. Section 25090.6 of the Health and Safety Code, as
amended by Chapter 877 of the Statutes of 1995, is amended and
renumbered to read:
118222. Biohazardous waste that meets the conditions of
subdivision (f) of Section 117635 shall be treated pursuant to
subdivision (a) of Section 118215 prior to disposal.
SEC. 230. Section 25143.10 of the Health and Safety Code, as
amended by Chapter 639 of the Statutes of 1995, is amended to read:
25143.10. (a) Except as provided in subdivisions (e) and (f), any
person who recycles more than 100 kilograms per month of recyclable
material under a claim that the material qualifies for exclusion or
exemption pursuant to Section 25143.2 shall, on or before July 1,
1992, and every two years thereafter, provide to the local officer or
agency authorized to enforce this section pursuant to subdivision
(a) of Section 25180, all of the following information, using the
format established pursuant to subdivision (d), in writing:
(1) The name, site address, mailing address, and telephone number
of the owner or operator of any facility that recycles the material.
(2) The name and address of the generator of the recyclable
material.
(3) Documentation that the requirements of any exemptions or
exclusions pursuant to Section 25143.2 are met, including, but not
limited to, all of the following:
(A) Where a person who recycles the material is not the same
person who generated the recyclable material, documentation that
there is a known market for disposition of the recyclable material
and any products manufactured from the recyclable material.
(B) Where the basis for the exclusion is that the recyclable
material is used or reused to make a product or as a safe and
effective substitute for a commercial product, a general description
of the material and products, identification of the constituents or
group of constituents, and their approximate concentrations, that
would render the material or product hazardous under the regulations
adopted pursuant to Sections 25140 and 25141, if it were a waste, and
the means by which the material is beneficially used.
(b) Except as provided in Section 25404.5, the governing body of a
city or county may adopt an ordinance or resolution pursuant to
Section 101325 to pay for the actual expenses of the activities
carried out by local officers or agencies pursuant to subdivision
(a).
(c) If a person who recycles material under a claim that the
material qualifies for exclusion or exemption pursuant to Section
25143.2 is not the same person who generated the recyclable material,
the person who recycles the material shall, on or before July 1,
1992, and every two years thereafter, provide a copy of the
information required to be submitted pursuant to subdivision (a) to
the generator of the recyclable material.
(d) The person providing the information required by subdivision
(a) shall use a format developed by the California Conference of
Directors of Environmental Health in consultation with the
department. The department shall distribute the format to local
officers and agencies authorized to enforce this section pursuant to
subdivision (a) of Section 25180.
(e) A recyclable material generated in a product or raw material
storage tank, a product or raw material transport vehicle or vessel,
a product or raw material pipeline, or in a manufacturing process
unit or an associated nonwaste treatment manufacturing unit is not
subject to the requirements of this section, until the recyclable
material exits the unit in which it was generated, unless the unit is
a surface impoundment, or unless the material remains in the unit
for more than 90 days after the unit ceases to be operated for
manufacturing, storage, or transportation of the product or raw
material.
(f) A local officer or agency authorized to enforce this section
pursuant to subdivision (a) of Section 25180 may exempt from
subdivision (a) any person who operates antifreeze recycling units or
solvent distillation units, where the recycled material is returned
to productive use at the site of generation, or may require less
information than that required under subdivision (a) from the person.
SEC. 231. Section 25163 of the Health and Safety Code, as amended
by Section 1 of Chapter 672 of the Statutes of 1995, is amended to
read:
25163. (a) (1) Except as otherwise provided in subdivisions (b),
(c), (f), and (g), it is unlawful for any person to carry on, or
engage in, the transportation of hazardous wastes, unless the person
holds a valid registration issued by the department, and it shall be
unlawful for any person to transfer custody of a hazardous waste to a
transporter who does not hold a valid registration issued by the
department. A person who holds a valid registration issued by the
department pursuant to this section is a registered hazardous waste
transporter, for purposes of this chapter. Any registration issued
by the department to a transporter of hazardous waste is not
transferable from the person to whom it was issued to any other
person.
(2) Any person who transports hazardous waste in a vehicle shall
have a valid registration issued by the department in his or her
possession while transporting the hazardous waste. The registration
certificate shall be shown upon demand to any representative of the
department, officer of the Department of the California Highway
Patrol, any local health officer, or any public officer designated by
the department. Any person registered pursuant to this section may
obtain additional copies of the registration from the department upon
the payment of a fee of two dollars ($2) for each copy requested, in
accordance with Section 12196 of the Government Code.
(3) The hazardous waste information required and collected for
registration pursuant to this subdivision shall be recorded and
maintained in the management information system operated by the
Department of the California Highway Patrol.
(b) Persons transporting only septic tank, cesspool, seepage pit,
or chemical toilet waste that does not contain a hazardous waste
originating from other than the body of a human or animal and who
hold an unrevoked registration issued by the health officer or the
health officer's authorized representative pursuant to Article 1
(commencing with Section 117400) of Chapter 4 of Part 13 of Division
104 are exempt from the requirements of subdivision (a).
(c) Except as provided in subdivision (g), persons transporting
hazardous wastes to a permitted hazardous waste facility for
transfer, treatment, recycling, or disposal, that do not exceed a
total volume of five gallons or do not exceed a total weight of 50
pounds, are exempt from the requirements of subdivisions (a) and (e)
and from the requirements of Section 25160 concerning possession of
the manifest while transporting hazardous waste, upon meeting all of
the following conditions:
(1) The hazardous wastes are transported in closed containers and
packed in a manner that prevents the containers from tipping,
spilling, or breaking during the transporting.
(2) Different hazardous waste materials are not mixed within a
container during the transporting.
(3) If the hazardous waste is extremely hazardous waste or acutely
hazardous waste, the extremely hazardous waste or acutely hazardous
waste was not generated in the course of any business, and is not
more than 2.2 pounds.
(4) The person transporting the hazardous waste is the producer of
that hazardous waste, and the person produces not more than 100
kilograms of hazardous waste in any month.
(5) The person transporting the hazardous waste does not
accumulate more than a total of 1,000 kilograms of hazardous waste
onsite at any one time.
(d) Any person registered as a hazardous waste transporter
pursuant to subdivision (a) is not subject to the registration
requirements of Article 1 (commencing with Section 117400) of Chapter
4 of Part 13 of Division 104, but shall comply with those terms,
conditions, orders, and directions that the health officer or the
health officer's authorized representative may determine to be
necessary for the protection of human health and comfort, and shall
otherwise comply with the requirements for statements as provided in
Section 117435. Violations of those requirements of Section 117435
shall be punished as provided in Section 117450. Proof of
registration pursuant to subdivision (a) shall be submitted by mail
or in person to the local health officer in the city or county in
which the registered hazardous waste transporter will be conducting
the activities described in Section 117405.
(e) It is unlawful for any person to transport hazardous waste in
any truck, trailer, semitrailer, vacuum tank, or cargo tank not
inspected by the Department of the California Highway Patrol or to
transport hazardous waste in any container, other than a container
packaged pursuant to United States Department of Transportation
regulations, that has not been inspected by the Department of the
California Highway Patrol, or in a rolloff bin that has not been
inspected, certified, and maintained in compliance with subdivisions
(b) and (c) of Section 25169.1.
(f) Any person authorized to collect solid waste, as defined in
Section 40191 of the Public Resources Code, who unknowingly
transports hazardous waste to a solid waste facility, as defined in
Section 40194 of the Public Resources Code, incidental to the
collection of solid waste is not subject to subdivisions (a) and (e).
(g) Any person transporting household hazardous waste or a
conditionally exempt small quantity generator transporting hazardous
waste to an authorized household hazardous waste collection facility
pursuant to Section 25218.5 is exempt from subdivisions (a) and (e)
and from paragraph (1) of subdivision (d) of Section 25160 requiring
possession of the manifest while transporting hazardous waste.
(h) This section shall remain in effect only until January 1,
1998, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1998, deletes or extends
that date.
SEC. 232. Section 25163 of the Health and Safety Code, as amended
by Section 2 of Chapter 672 of the Statutes of 1995, is amended to
read:
25163. (a) (1) Except as otherwise provided in subdivisions (b),
(c), (f), and (g), it is unlawful for any person to carry on, or
engage in, the transportation of hazardous wastes, unless the person
holds a valid registration issued by the department, and it shall be
unlawful for any person to transfer custody of a hazardous waste to a
transporter who does not hold a valid registration issued by the
department. A person who holds a valid registration issued by the
department pursuant to this section is a registered hazardous waste
transporter, for purposes of this chapter. Any registration issued
by the department to a transporter of hazardous waste is not
transferable from the person to whom it was issued to any other
person.
(2) Any person who transports hazardous waste in a vehicle shall
have a valid registration issued by the department in his or her
possession while transporting the hazardous waste. The registration
certificate shall be shown upon demand to any representative of the
department, officer of the Department of the California Highway
Patrol, any local health officer, or any public officer designated by
the department. Any person registered pursuant to this section may
obtain additional copies of the registration from the department upon
the payment of a fee of two dollars ($2) for each copy requested, in
accordance with Section 12196 of the Government Code.
(3) The hazardous waste information required and collected for
registration pursuant to this subdivision shall be recorded and
maintained in the management information system operated by the
Department of the California Highway Patrol.
(b) Persons transporting only septic tank, cesspool, seepage pit,
or chemical toilet waste that does not contain a hazardous waste
originating from other than the body of a human or animal and who
hold an unrevoked registration issued by the health officer or the
health officer's authorized representative pursuant to Article 1
(commencing with Section 117400)
of Chapter 4 of Part 13 of Division 104 are exempt from the
requirements of subdivision (a).
(c) Except as provided in subdivision (g), persons transporting
hazardous wastes to a permitted hazardous waste facility for
transfer, treatment, recycling, or disposal, that do not exceed a
total volume of five gallons or do not exceed a total weight of 50
pounds, are exempt from the requirements of subdivisions (a) and (e)
and from the requirements of Section 25160 concerning possession of
the manifest while transporting hazardous waste, upon meeting all of
the following conditions:
(1) The hazardous wastes are transported in closed containers and
packed in a manner that prevents the containers from tipping,
spilling, or breaking during the transporting.
(2) Different hazardous waste materials are not mixed within a
container during the transporting.
(3) If the hazardous waste is extremely hazardous waste or acutely
hazardous waste, the extremely hazardous waste or acutely hazardous
waste was not generated in the course of any business, and is not
more than 2.2 pounds.
(4) The person transporting the hazardous waste is the producer of
that hazardous waste, and the person produces not more than 100
kilograms of hazardous waste in any month.
(5) The person transporting the hazardous waste does not
accumulate more than a total of 1,000 kilograms of hazardous waste
onsite at any one time.
(d) Any person registered as a hazardous waste transporter
pursuant to subdivision (a) is not subject to the registration
requirements of Article 1 (commencing with Section 117400) of Chapter
4 of Part 13 of Division 104, but shall comply with those terms,
conditions, orders, and directions that the health officer or the
health officer's authorized representative may determine to be
necessary for the protection of human health and comfort, and shall
otherwise comply with the requirements for statements as provided in
Section 117435. Violations of those requirements of Section 117435
shall be punished as provided in Section 117450. Proof of
registration pursuant to subdivision (a) shall be submitted by mail
or in person to the local health officer in the city or county in
which the registered hazardous waste transporter will be conducting
the activities described in Section 117405.
(e) It is unlawful for any person to transport hazardous waste in
any truck, trailer, semitrailer, vacuum tank, or cargo tank not
inspected by the Department of the California Highway Patrol or to
transport hazardous waste in any container, other than a container
packaged pursuant to United States Department of Transportation
regulations, which has not been inspected by the Department of the
California Highway Patrol.
(f) Any person authorized to collect solid waste, as defined in
Section 40191 of the Public Resources Code, who unknowingly
transports hazardous waste to a solid waste facility, as defined in
Section 40194 of the Public Resources Code, incidental to the
collection of solid waste is not subject to subdivisions (a) and (e).
(g) Any person transporting household hazardous waste or a
conditionally exempt small quantity generator transporting hazardous
waste to an authorized household hazardous waste collection facility
pursuant to Section 25218.5 is exempt from subdivisions (a) and (e)
and from paragraph (1) of subdivision (d) of Section 25160 requiring
possession of the manifest while transporting hazardous waste.
(h) This section shall become operative January 1, 1998.
SEC. 233. Section 25174.7 of the Health and Safety Code is amended
to read:
25174.7. (a) The fees provided for in Sections 25174.1 and
25205.5 do not apply to any of the following:
(1) Hazardous wastes which result when a government agency, or its
contractor, removes or remedies a release of hazardous waste in the
state caused by another person.
(2) Hazardous wastes generated or disposed of by a public agency
operating a household hazardous waste collection facility in the
state pursuant to Article 10.8 (commencing with Section 25218),
including, but not limited to, hazardous waste received from
conditionally exempt small quantity commercial generators, authorized
pursuant to Section 25218.3.
(3) Hazardous wastes generated or disposed of by local vector
control agencies which have entered into a cooperative agreement
pursuant to Section 116180 or by county agricultural commissioners,
if the hazardous wastes result from their control or regulatory
activities and if they comply with the requirements of this chapter
and regulations adopted pursuant thereto.
(4) Hazardous waste disposed of, or submitted for disposal or
treatment, by any person, which is discovered and separated from
solid waste as part of a load checking program.
(b) Notwithstanding paragraph (1) of subdivision (a), any person
responsible for a release of hazardous waste, which has been removed
or remedied by a government agency, or its contractor, shall pay the
fee pursuant to Section 25174.1.
(c) Any person who acquires land for the sole purpose of
owner-occupied single-family residential use, and who acquires that
land without actual or constructive notice or knowledge that there is
a tank containing hazardous waste on or under that property, is
exempt from the fees imposed pursuant to Sections 25174.1, 25205.5,
and 25345, in connection with the removal of the tank.
SEC. 234. Section 25187 of the Health and Safety Code, as amended
by Section 26.5 of Chapter 639 of the Statutes of 1995, is amended to
read:
25187. (a) (1) Whenever the department, a unified program agency
authorized pursuant to paragraph (2), local health officer authorized
pursuant to Section 25187.7, or a local public officer designated by
the director pursuant to subdivision (a) of Section 25180 and
authorized pursuant to Section 25187.7 determines that any person has
violated, is in violation of, or threatens, as defined in
subdivision (e) of Section 13304 of the Water Code, to violate, this
chapter, Chapter 6.8 (commencing with Section 25300) of this
division, or Article 3 (commencing with Section 114990) of Chapter 8
of Part 9 of Division 104, or any permit, rule, regulation, standard,
or requirement issued or adopted pursuant to this chapter, Chapter
6.8 (commencing with Section 25300) of this division, or Article 3
(commencing with Section 114990) of Chapter 8 of Part 9 of Division
104, or the department, an authorized unified program agency, an
authorized local health officer, or an authorized local public
officer determines that there is or has been a release, as defined in
Chapter 6.8 (commencing with Section 25300), of hazardous waste or
constituents into the environment from a hazardous waste facility,
the department, an authorized unified program agency, authorized
local health officer, or authorized local public officer may issue an
order specifying a schedule for compliance or correction and
imposing an administrative penalty for any violation of this chapter
or any permit, rule, regulation, standard, or requirement issued or
adopted pursuant to this chapter. In the case of a release of
hazardous waste or constituents into the environment from a hazardous
waste facility that is required to obtain a permit pursuant to
Article 9 (commencing with Section 25200), the department shall
pursue the remedies available under this chapter, including the
issuance of an order for corrective action pursuant to this section,
before using the legal remedies available pursuant to Chapter 6.8
(commencing with Section 25300), except in any of the following
circumstances:
(A) Where the person who is responsible for the release
voluntarily requests in writing that the department issue an order to
that person to take corrective action pursuant to Chapter 6.8
(commencing with Section 25300).
(B) Where the person who is responsible for the release is unable
to pay for the cost of corrective action to address the release. For
purposes of this subparagraph, the inability of a person to pay for
the cost of corrective action shall be determined in accordance with
the policies of the Environmental Protection Agency for the
implementation of Section 9605 of Title 42 of the United States Code.
(C) Where the person responsible for the release is unwilling to
perform corrective action to address the release. For purposes of
this subparagraph, the unwillingness of a person to take corrective
action shall be determined in accordance with the policies of the
Environmental Protection Agency for the implementation of Section
9605 of Title 42 of the United States Code.
(D) Where the release is part of a regional or multisite
groundwater contamination problem that cannot, in its entirety, be
addressed using the legal remedies available pursuant to this chapter
and for which other releases that are part of the regional or
multisite groundwater contamination problem are being addressed using
the legal remedies available pursuant to Chapter 6.8 (commencing
with Section 25300).
(E) Where an order for corrective action has already been issued
against the person responsible for the release, or the department and
the person responsible for the release have, prior to January 1,
1996, entered into an agreement to address the required cleanup of
the release pursuant to Chapter 6.8 (commencing with Section 25300).
(F) Where the hazardous waste facility is owned or operated by the
federal government.
(2) The authority granted under this section to a unified program
agency is limited to the issuance of orders to correct releases from,
and violations of the requirements of this chapter listed in
paragraph (1) of subdivision (c) of Section 25404 occurring at, a
unified program facility within the jurisdiction of the CUPA, and is
subject to the provisions of Section 25404.1.
(A) Notwithstanding paragraph (1) and Section 25187.7, within the
jurisdiction of a CUPA, the unified program agencies shall be the
only local agencies authorized to issue orders under this section to
correct releases from, and violations of the requirements of this
chapter listed to paragraph (1) of subdivision (c) of Section 25404
occurring at, a unified program facility.
(B) The CUPA shall annually submit a summary report to the
department on the status of orders issued by the unified program
agencies under this section and Section 25187.1.
(C) The department shall adopt regulations to implement this
paragraph and paragraph (2) of subdivision (a) of Section 25187.1.
The regulations shall include, but not be limited to, all of the
following requirements:
(i) A requirement that the unified program agency shall consult
with the district attorney for the county on the development of
policies to be followed by the unified program agency in exercising
the authority delegated pursuant to this section and Section 25187.1.
(ii) Provisions to ensure coordinated and consistent application
of this section and Section 25187.1 when both the department and the
unified program agency have or will be issuing orders under one or
both of these sections at the same facility.
(iii) Provisions to ensure that the enforcement authority granted
to the unified program agencies will be exercised consistently
throughout the state.
(iv) A requirement that the unified program agency have the
ability to represent itself in administrative appeal hearings.
(v) Minimum training requirements for staff of the unified program
agency relative to this section and Section 25187.1.
(vi) Procedures to be followed by the department to rescind the
authority granted to a unified program agency under this section and
Section 25187.1, if the department finds that the unified program
agency is not exercising that authority in a manner consistent with
the provisions of this chapter and Chapter 6.11 (commencing with
Section 25404) and the regulations adopted pursuant thereto.
(3) An order issued pursuant to this section shall include a
requirement that the person take corrective action with respect to
hazardous waste, including the cleanup of the hazardous waste,
abatement of the effects thereof, and any other necessary remedial
action. An order issued pursuant to this section that requires
corrective action at a hazardous waste facility shall require that
corrective action be taken beyond the facility boundary, where
necessary to protect human health or the environment. The order
shall incorporate, as a condition of the order, any applicable waste
discharge requirements issued by the State Water Resources Control
Board or a California regional water quality control board, and shall
be consistent with all applicable water quality control plans
adopted pursuant to Section 13170 of the Water Code and Article 3
(commencing with Section 13240) of Chapter 4 of Division 7 of the
Water Code and state policies for water quality control adopted
pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of
Division 7 of the Water Code existing at the time of the issuance of
the order, to the extent that the department, authorized unified
program agency, authorized local health officer, or authorized local
public officer determines that those plans and policies are not less
stringent than this chapter and regulations adopted pursuant to this
chapter. The department, authorized unified program agency,
authorized local health officer, or authorized local public officer
also may include any more stringent requirement that the department,
authorized unified program agency, authorized local health officer,
or authorized local public officer determines is necessary or
appropriate to protect water quality. Persons who are subject to an
order pursuant to this section include present and prior owners,
lessees, or operators of the property where the hazardous waste is
located, present or past generators, storers, treaters, transporters,
disposers, and handlers of hazardous waste, and persons who arrange,
or have arranged, by contract or other agreement, to store, treat,
transport, dispose of, or otherwise handle hazardous waste.
(4) In an order proposing a penalty pursuant to this section, the
department, authorized unified program agency, authorized local
health officer, or authorized local public officer shall take into
consideration the nature, circumstances, extent, and gravity of the
violation, the violator's past and present efforts to prevent, abate,
or clean up conditions posing a threat to the public health or
safety or the environment, the violator's ability to pay the proposed
civil penalty, and the prophylactic effect that imposition of the
proposed penalty would have on both the violator and the regulated
community as a whole.
(b) For purposes of subdivision (a), "hazardous waste facility"
includes the entire site that is under the control of an owner or
operator engaged in the management of hazardous waste.
(c) Any order issued pursuant to subdivision (a) shall be served
by personal service or certified mail and shall inform the person so
served of the right to a hearing.
(d) (1) Any person served with an order pursuant to subdivision
(c) who has been unable to resolve any violation or deficiency on an
informal basis with the department, authorized unified program
agency, authorized local health officer, or authorized local public
officer may, within 15 days after service of the order, request a
hearing by filing with the department, authorized unified program
agency, authorized local health officer, or authorized local public
officer a notice of defense. The notice shall be filed with the
office that issued the order. A notice of defense shall be deemed
filed within the 15-day period provided by this subdivision if it is
postmarked within that 15-day period. If no notice of defense is
filed within the time limits provided by this subdivision, the order
shall become final.
(2) If a person served with an order pursuant to subdivision (c)
chooses to resolve the content, terms, or conditions of the order
directly with the department, authorized unified program agency,
authorized local health officer, or authorized local public officer
and does not file an administrative or judicial appeal, the person
may request, and the department, authorized unified program agency,
authorized local health officer, or authorized local public officer
shall prepare, a written statement, that the department, authorized
unified program agency, authorized local health officer, or
authorized local public officer shall amend into the order, that
explains the violation and the penalties applied, including the
nature, extent, and gravity of the violations, and that includes a
brief description of any mitigating circumstances and any
explanations by the respondent. Any amendment to include the written
statement prepared pursuant to this subdivision does not constitute
a new order and does not create new appeal rights.
(e) Except as provided in subdivision (f), any hearing requested
under subdivision (d) shall be conducted within 90 days after receipt
of the notice of defense by an administrative law judge of the
Office of Administrative Hearings of the Department of General
Services 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, authorized unified program agency, authorized local
health officer, or authorized local public officer shall have all the
authority granted to an agency by those provisions.
(f) Any provision of an order issued under subdivision (a), except
the imposition of an administrative penalty, shall take effect upon
issuance by the department or unified program agency if the
department or unified program agency finds that the violation or
violations of law associated with that provision may pose an imminent
and substantial endangerment to the public health or safety or the
environment, and a request for a hearing shall not stay the effect of
that provision of the order pending a decision by the department
under subdivision (e). However, in the event that the department or
unified program agency determines that any or all provisions of the
order are so related that the public health or safety or the
environment can be protected only by immediate compliance with the
order as a whole, then the order as a whole, except the imposition of
an administrative penalty, shall take effect upon issuance by the
department or unified program agency. A request for a hearing shall
not stay the effect of the order as a whole pending a decision by the
hearing officer under subdivision (e). Any order issued after a
hearing requested under subdivision (d) shall take effect upon
issuance by the department or unified program agency.
(g) A decision issued pursuant to this section may be reviewed by
the court pursuant to Section 11523 of the Government Code. In all
proceedings pursuant to this subdivision, the court shall uphold the
decision of the department, authorized unified program agency,
authorized local health officer, or authorized local public officer
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 chapter. This
subdivision does not prohibit the court from granting any appropriate
relief within its jurisdiction.
(h) Except as otherwise provided in subdivisions (i) and (j), all
administrative penalties collected under this section shall be placed
in a separate subaccount in the Hazardous Waste Control Account and
shall be available for expenditure by the department only upon
appropriation by the Legislature.
(i) Fifty percent of the penalties collected from actions brought
by unified program agencies, local health officers or designated
local public officers pursuant to this section shall be paid to the
city or county whose unified program agency, local health officer, or
designated local public officer imposed the penalty, and shall be
deposited into a special account that may be expended to fund the
activities of the unified program agency, local health officer, or
designated local public officer in enforcing this chapter pursuant to
Section 25180, after the director determines that the local agency
enforcement of this section is fair and reasonable.
(j) Fifty percent of the penalties collected from actions brought
by unified program agencies, local health officers, or designated
local public officers pursuant to this section shall be paid to the
department and deposited in the Hazardous Waste Control Account for
expenditure by the department, upon appropriation by the Legislature,
in connection with activities of unified program agencies, local
health officers, or designated local public officers.
SEC. 235. Section 25198 of the Health and Safety Code, as amended
by Section 1 of Chapter 301 of the Statutes of 1995, is amended to
read:
25198. (a) For purposes of this section, "state department" means
the State Department of Health Services.
(b) Except as provided in subdivision (c), the analysis of any
material required by this chapter shall be performed by a laboratory
certified by the state 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 the time that 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.
(c) The requirements of subdivision (b) shall not apply to
analyses performed by a laboratory pursuant to the facility's waste
analysis plan, that is prepared in accordance with the regulations
adopted by the Department of Toxic Substances Control pursuant to
this chapter, if both of the following conditions are met:
(1) The laboratory is owned or operated by the same person who
owns or operates the facility at which the waste will be managed, and
the facility is a hazardous waste treatment, storage, or disposal
facility that is required to obtain a hazardous waste facilities
permit pursuant to Article 9 (commencing with Section 25200).
(2) The analysis is conducted for any of the following purposes:
(A) To determine whether a facility will accept the hazardous
waste for transfer, storage, or treatment, as described in paragraph
(3) of subdivision (a) of Section 66264.13 of, and paragraph (3) of
subdivision (a) of Section 66265.13 of, Title 22 of the California
Code of Regulations, as those sections read on January 1, 1996.
(B) To ensure that the analysis used to determine whether a
facility will accept the hazardous waste for transfer, storage, or
treatment is accurate and up to date, as described in paragraph (4)
of subdivision (a) of Section 66264.13 of, and paragraph (4) of
subdivision (a) of Section 66265.13 of, Title 22 of the California
Code of Regulations, as those sections read on January 1, 1996.
(C) To determine whether the hazardous waste received at the
facility for transfer, storage, or treatment matches the identity of
the hazardous waste designated on an accompanying manifest or
shipping paper, as described in paragraph (5) of subdivision (a) of
Section 66264.13 of, and paragraph (5) of subdivision (a) of Section
66265.13 of, the California Code of Regulations, as those sections
read on January 1, 1996.
(d) An analysis performed in accordance with subdivision (c) is
not an analysis performed for regulatory purposes within the meaning
of paragraph (4) of subdivision (c) of Section 100825.
(e) The exemption provided by subdivision (c) does not exempt the
analyses of waste for purposes of disposal from the requirements of
subdivision (b) requiring certified laboratory analyses. The
analyses described in subdivision (c) are not exempt from any other
requirement of law, regulation, or guideline governing quality
assurance and quality control.
(f) No person or public entity of the state shall contract with a
laboratory for environmental analyses for which certification is
required pursuant to this chapter, unless the laboratory holds a
valid certificate from the state department.
(g) This section shall remain in effect until January 1, 2001, and
as of that date is repealed, unless a later enacted statute, which
is enacted on or before January 1, 2001, deletes or extends that
date.
SEC. 236. Section 25198 of the Health and Safety Code, as added by
Section 2 of Chapter 301 of the Statutes of 1995, is amended to
read:
25198. (a) For purposes of this section, "state department" means
the State Department of Health Services.
(b) The analysis of any material required by this chapter shall be
performed by a laboratory certified by the state 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 the
time that 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.
(c) No person or public entity of the state shall contract with a
laboratory for environmental analyses for which certification is
required pursuant to this chapter, unless the laboratory holds a
valid certificate.
(d) This section shall become operative January 1, 2001.
SEC. 237. Section 25208.17 of the Health and Safety Code is
amended to read:
25208.17. (a) Except as provided in subdivision (g), a person
specified in subdivision (h) is exempt from filing the report
required by Section 25208.7 if the surface impoundment has been
closed, or will be closed before January 1, 1988, in accordance with
Subchapter 15 (commencing with Section 2510) of Chapter 3 of Title 23
of the California Administrative Code, and it has only been used for
the discharge of economic poisons, as defined in Section 12753 of
the Food and Agricultural Code, and if the person submits an
application for exemption to the regional board on or before February
1, 1987, pursuant to subdivision (b) and an initial hydrogeological
site assessment report to the regional board on or before July 1,
1987. A qualified person shall be responsible for the preparation of
the hydrogeological site assessment report and shall certify its
completeness and accuracy.
(b) A person seeking exemption from Section 25208.7 shall
file an application for exemption with the regional board on or
before February 1, 1987, together with an initial filing fee of three
thousand dollars ($3,000). The application shall include the names
of persons who own or operate each surface impoundment for which the
exemption is sought and the location of each surface impoundment for
which an exemption is sought.
(c) Notwithstanding Section 25208.3, each person filing an
application for exemption pursuant to subdivision (b) shall pay only
the application fee provided in subdivision (b) and any additional
fees assessed by the state board to recover the actual costs incurred
by the state board and regional boards to administer this section.
The person is not liable for fees assessed pursuant to Section
25208.3, except that, if the person is required to comply with
Section 25208.7 or 25208.6, the fees assessed under this section
shall include the costs of the regional board and state board to
administer those sections.
(d) If a person fails to pay the initial filing fee by February 1,
1987, or fails to pay any subsequent additional assessment pursuant
to subdivision (c), the person shall be liable for a penalty of not
more than 100 percent of the fees due and unpaid, but in an amount
sufficient to defer future noncompliance, as based upon that person's
past history of noncompliance and ability to pay, and upon
additional expenses incurred by the regional board and state board as
a result of this noncompliance.
(e) Notwithstanding Section 25208.3, after the regional board has
made a determination pursuant to subdivision (g), a final payment or
refund of fees specified in subdivision (c) shall be made so that the
total fees paid by the person shall be sufficient to cover the
actual costs of the state board and the regional board in
administering this section.
(f) The hydrogeological site assessment report shall contain for
each surface impoundment, all of the following information:
(1) A description of the surface impoundment, including its
physical characteristics, its age, the presence or absence of a
liner, a description of the liner, the liner's compatibility with the
hazardous wastes discharged to the impoundment, and the design
specifications of the impoundment.
(2) A description of the volume and concentration of hazardous
waste constituents placed in the surface impoundment, based on a
representative chemical analysis of the specific hazardous waste type
and accounting for variance in hazardous waste constituents over
time.
(3) An analysis of surface and groundwater on, under, and within
one mile of the surface impoundment to provide a reliable indication
of whether or not hazardous constituents or leachate is leaking or
has been released from the surface impoundment.
(4) A chemical characterization of soil-pore liquid in areas which
are likely to be affected by hazardous constituents or leachate
released from the surface impoundment, as compared to geologically
similar areas near the surface impoundment that have not been
affected by releases from the surface impoundment. This
characterization shall include:
(A) A description of the composition of the vadose zone beneath
the surface impoundment. This description shall include a chemical
and hydrogeological characterization of both the consolidated and
unconsolidated geologic materials underlying the surface impoundment,
and an analysis for pollutants, including those constituents
discharged into the surface impoundment. This description shall also
include soil moisture readings from a representative number of
points around the surface impoundment's perimeter and at the maximum
depth of the surface impoundment. If the regional board determines
that the use of suction type soil sampling devices are infeasible due
to climate, soil hydraulics, or soil texture, the regional board may
authorize the use of alternative devices. The initial report shall
contain all data in tabular form so that data, constituents, and
concentrations are readily discernible.
(B) A determination of the chemical characteristics of the soil
made by collecting a soil sample upgradient from the impoundment or
from an area that has not been affected by seepage from the surface
impoundment and that is in a hydrogeologic environment similar to the
surface impoundment. The determinations shall be analyzed for the
same pollutants analyzed pursuant to subparagraph (A).
(5) A description of current groundwater and vadose zone
monitoring being conducted at the surface impoundment for leak
detection, including detailed plans and equipment specifications and
a technical report that provides the rationale for the spatial
distribution of groundwater and vadose zone monitoring points for the
design of monitoring facilities, and for the selection of monitoring
equipment. This description shall include:
(A) A map showing the location of monitoring facilities with
respect to each surface impoundment.
(B) Drawings and design data showing construction details of
groundwater monitoring facilities, including all of the following:
(i) Casing and hole diameter.
(ii) Casing materials.
(iii) Depth of each monitoring well.
(iv) Size and position of perforations.
(v) Method for joining sections of casing.
(vi) Nature and gradation of filter material.
(vii) Depth and composition of annular seals.
(viii) Method and length of time of development.
(ix) Method of drilling.
(C) Specifications, drawings, and data for the location and
installation of vadose zone monitoring equipment.
(D) Discussion of sampling frequency and methods and analytical
protocols used.
(E) Justification of indicator parameters used.
(6) Documentation demonstrating that the monitoring system and
methods used at the facility can detect any seepage before the
hazardous waste constituents enter the waters of the state. This
documentation shall include, but is not limited to, substantiation of
each of the following:
(A) The monitoring facilities are located close enough to the
surface impoundment to identify lateral and vertical migration of any
constituents discharged to the impoundment.
(B) The groundwater monitoring wells are not located within the
influence of any adjacent pumping water wells that might impair their
effectiveness.
(C) The groundwater monitoring wells are screened only in the zone
of groundwater to be monitored.
(D) The casing material in the groundwater monitoring wells does
not interfere with, or react to, the potential contaminants of major
concern at the impoundment.
(E) The casing diameter allows an adequate amount of water to be
removed during sampling and allows full development of each well.
(F) The annular seal of each groundwater monitoring well prevents
pollutants from migrating down the well.
(G) The water samples are collected after at least five well
volumes have been removed from the well and that the samples are
collected, preserved, transported, handled, analyzed, and reported in
accordance with guidelines for collection and analysis of
groundwater samples that provide for preservation of unstable
indicator parameters and prevent physical or chemical changes that
could interfere with detection of indicator parameters. If the wells
are low-yield wells, in that the wells are incapable of yielding
three well volumes during a 24-hour period, the methods of water
sample collection shall insure that a representative sample is
obtained from the well.
(H) The hazardous waste constituents selected for analysis are
specific to the facility, taking into account the chemical
composition of hazardous wastes previously placed in the surface
impoundment.
(I) The frequency of monitoring is sufficient to give timely
warning of any leakage or release of hazardous constituents or
leachate so that remedial action can be taken prior to any adverse
changes in the quality of the groundwater.
(7) A written statement from the qualified person preparing the
report indicating whether any hazardous constituents or leachate has
migrated into the vadose zone, water-bearing strata, or waters of the
state in concentrations that pollute or threaten to pollute the
waters of the state.
(8) A written statement from the qualified person preparing the
report indicating whether any migration of hazardous constituents or
leachate into the vadose zone, water-bearing strata, or waters of the
state is likely or not likely to occur within five years, and any
evidence supporting that statement.
(g) The regional board shall complete a thorough analysis of each
hydrogeological site assessment report submitted pursuant to
subdivision (b) within one year after submittal. If the regional
board, determines that a hazardous waste constituent from the surface
impoundment is polluting or threatening to pollute, as defined in
subdivision (l) of Section 13050 of the Water Code, both of the
following shall occur:
(1) The regional board shall issue a cease and desist order or a
cleanup and abatement order that prohibits any discharge into the
surface impoundment and that requires compliance with Section
25208.6.
(2) The person shall file a report pursuant to Section 25208.7
within nine months after the regional board makes the determination
pursuant to subdivision (g). In making any determination under this
subdivision, the regional board shall state the factual basis for the
determinations.
(h) For purposes of this section, person means only the following:
(1) Pest control operators and businesses licensed pursuant to
Section 11701 of the Food and Agricultural Code.
(2) Local governmental vector control agencies who have entered
into a cooperative agreement with the department pursuant to Section
116180.
SEC. 238. Section 25249.11 of the Health and Safety Code is
amended to read:
25249.11. Definitions.
For purposes of this chapter:
(a) "Person" means an individual, trust, firm, joint stock
company, corporation, company, partnership, limited liability
company, and association.
(b) "Person in the course of doing business" does not include any
person employing fewer than 10 employees in his or her business; any
city, county, or district or any department or agency thereof or the
state or any department or agency thereof or the federal government
or any department or agency thereof; or any entity in its operation
of a public water system as defined in Section 116275.
(c) "Significant amount" means any detectable amount except an
amount which would meet the exemption test in subdivision (c) of
Section 25249.10 if an individual were exposed to such an amount in
drinking water.
(d) "Source of drinking water" means either a present source of
drinking water or water which is identified or designated in a water
quality control plan adopted by a regional board as being suitable
for domestic or municipal uses.
(e) "Threaten to violate" means to create a condition in which
there is a substantial probability that a violation will occur.
(f) "Warning" within the meaning of Section 25249.6 need not be
provided separately to each exposed individual and may be provided by
general methods such as labels on consumer products, inclusion of
notices in mailings to water customers, posting of notices, placing
notices in public news media, and the like, provided that the warning
accomplished is clear and reasonable. In order to minimize the
burden on retail sellers of consumer products including foods,
regulations implementing Section 25249.6 shall to the extent
practicable place the obligation to provide any warning materials
such as labels on the producer or packager rather than on the retail
seller, except where the retail seller itself is responsible for
introducing a chemical known to the state to cause cancer or
reproductive toxicity into the consumer product in question.
SEC. 239. Section 25298.5 of the Health and Safety Code is amended
to read:
25298.5. The analysis of any material that is required to
demonstrate compliance with this chapter shall be performed by a
laboratory accredited by the department pursuant to Article 3
(commencing with Section 100825) of Chapter 4 of Part 1 of Division
101.
SEC. 240. Section 25358.4 of the Health and Safety Code is amended
to read:
25358.4. The analysis of any material that is required to
demonstrate compliance with this chapter shall be performed by a
laboratory accredited by the department pursuant to Article 3
(commencing with Section 100825) of Chapter 4 of Part 1 of Division
101.
SEC. 241. Section 25673.1 of the Health and Safety Code, as
amended by Chapter 554 of the Statutes of 1995, is amended and
renumbered to read:
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 Technology Act
(Section 27) may, under the general 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) " General 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 within the
facility and immediately available within the facility where the
procedures are performed.
SEC. 241.5. Section 26569.22 of the Health and Safety Code, as
amended by Chapter 207 of the Statutes of 1995, is amended and
renumbered to read:
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 and other raw agricultural
commodities, as described in paragraph (6).
(3) In the case of perennial crops:
(A) For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code prior to January 1, 1995, 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.
(B) For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code during the 1995 calendar year, 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.
(C) For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code commencing January 1, 1996, 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) In the case of annual or two-year crops:
(A) For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code prior to January 1, 1995, 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.
(B) For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code during the 1995 calendar year, 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.
(C) For fields or management units registered with the county
agricultural commissioner pursuant to Section 46002 of the Food and
Agricultural Code commencing January 1, 1996, 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 sprouts and other raw agricultural commodities
as described in subparagraph (B):
(A) The seed shall have been organically produced, handled, and
processed in accordance with this article. No prohibited material
shall have been applied to the seed or to the area in which the
commodity is grown after introduction of the seed.
(B) This paragraph and the requirements of paragraphs (4) and (5),
where applicable, shall apply to raw agricultural commodities that
are grown directly from seed through either of the following methods:
(i) Without soil or growing medium other than water.
(ii) On a soil or growing medium and seeded at a rate greater than
one ounce per square foot (2,722 pounds per acre).
(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.
SEC. 242. Section 26569.30 of the Health and Safety Code, as
amended by Chapter 207 of the Statutes of 1995, is amended and
renumbered to read:
110850. (a) Following initial United States Department of
Agriculture accreditation of certifying agents as provided in Section
6514 of Title 7 of the United States Code and upon implementation of
the federal organic certification requirement pursuant to the
federal Organic Foods Production Act of 1990 (7 U.S.C.A. Sec. 6501 et
seq., Sec. 2101, P.L. 101-624), all products sold as organic in
California shall be certified by a federally accredited certifying
agent, if they are required to be certified under the federal act.
In addition 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 that
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 that 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.
SEC. 243. Section 27508 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113731. (a) Any person requesting the department to undertake any
activity pursuant to Section 113845, 114056, 114065, paragraph (2)
of subdivision (c) of Section 114090, 114140, subdivision (b) of
Section 114290, or 114367 shall pay the department's costs incurred
in undertaking the activity. The department's services shall be
assessed at the rate of fifty-five dollars ($55) per hour, and it
shall be entitled to recover any other costs reasonably and actually
incurred in performing those activities, including, but not limited
to, the costs of additional inspection and laboratory testing. For
purposes of this section, the department's hourly rate shall be
adjusted annually in accordance with Section 100425.
(b) The department shall provide to the person paying the required
fee a statement, invoice, or similar document that describes in
reasonable detail the costs paid.
(c) For purposes of this section only, the term "person" does not
include any city, county, city and county, or other political
subdivision of the state or local government.
SEC. 244. Section 27510 of the Health and Safety Code is amended
and renumbered to read:
113735. "Adulterated" means food that bears or contains any
poisonous or deleterious substance that may render the food impure or
injurious to health. Food is also adulterated if it is
manufactured, prepared, or stored in a manner that deviates from an
HACCP plan as defined in Section 113797 and adopted pursuant to
Section 114055 or 114056 so as to pose a discernable increase in
hazard risk.
SEC. 245. Section 27511 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113740. (a) "Approved" means acceptable to the enforcement agency
based on a determination of conformity with applicable laws, or, in
the absence of applicable laws, current public health principles,
practices, and generally recognized industry standards
that protect public health.
(b) "Approved source" means a producer, manufacturer, distributor,
or food establishment that is acceptable to the enforcement agency
based on a determination of conformity with applicable laws, or, in
the absence of applicable laws, with current public health principles
and practices, and generally recognized industry standards that
protect public health.
SEC. 246. Section 27512 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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.
SEC. 247. Section 27512.5 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113746. "Comminuted" means reduced in size by methods including
chopping, flaking, grinding, or mincing. Comminuted includes fish
and other animal products that are reduced in size and restructured
or reformulated, including, but not limited to, gefilte fish, formed
roast beef, gyros, ground beef, and sausage; and a mixture of two or
more types of those products that have been reduced in size and
combined, including, but not limited to, sausages made from two or
more of those products.
SEC. 248. Section 27514 of the Health and Safety Code, as added by
Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113751. "Control point" means any distinct procedure or step in
receiving, storing, handling, preparing, displaying, or dispensing a
food.
SEC. 249. Section 27514.1 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113752. "Critical control point" means a control point where any
loss of control may result in an unacceptable health risk pertaining
to a food.
SEC. 250. Section 27514.2 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113753. "Critical limit" means the maximum or minimum value to
which a physical, biological, or chemical parameter shall be
controlled at a critical control point to minimize the risk that an
identified food safety hazard may occur.
SEC. 251. Section 27517 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113765. "Enforcement officer" means the director, agents, or
environmental health specialists appointed by the Director of Health
Services, and all local health officers, directors of environmental
health, and their duly authorized registered environmental health
specialists and environmental health specialist trainees.
SEC. 252. Section 27518.5 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113773. "Fish" means fresh or saltwater finfish, molluscan
shellfish, crustaceans, and other forms of aquatic animal life other
than birds or mammals and includes any edible human food product
derived in whole or in part from fish, including fish that has been
processed in any manner.
SEC. 253. Section 27519 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113775. "Food" means any raw or processed substance, ice,
beverage, including water, or ingredient intended to be used as food,
drink, confection, or condiment for human consumption.
SEC. 254. Section 27519.1 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113776. "Food condiment" means nonpotentially hazardous relishes,
spices, sauces, confections, or seasonings, that require no
additional preparation, and that are used on a food item, including,
but not limited to, ketchup, mustard, mayonnaise, sauerkraut, salsa,
salt, sugar, pepper, or chile peppers.
SEC. 255. Section 27519.2 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113777. "Food contact surface" means a surface of equipment or a
utensil with which food normally comes into contact.
SEC. 256. Section 27523 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113795. "Frozen food" means a food maintained at a temperature at
which all moisture therein is in a solid state.
SEC. 257. Section 27523.1 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113796. "HACCP" means Hazard Analysis Critical Control Point.
SEC. 258. Section 27523.2 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113797. "HACCP plan" means a written document that delineates the
formal procedures for following the Hazard Analysis Critical Control
Point principles that were developed by the National Advisory
Committee on Microbiological Criteria for Foods and complies with the
requirements of Section 114055.
SEC. 259. Section 27523.3 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113798. (a) "HACCP principles" means the seven basic steps of
HACCP, as prescribed in subdivision (b).
(b) (1) The completion of hazard analysis identification by
identifying the likely hazards to consumers presented by a specific
food.
(2) The determination of critical control points in receiving,
storage, preparation, display, and dispensing of a food.
(3) The setting of measurable critical limits for each critical
control point determined.
(4) Developing and maintaining monitoring practices to determine
if critical limits are being met.
(5) Developing and utilizing corrective action plans when failure
to meet critical limits is detected.
(6) Establishing and maintaining a recordkeeping system to verify
adherence to a HACCP plan.
(7) Establishing a system of audits to:
(A) Initially verify the effectiveness of the critical limits set
and appropriateness of the determination of critical control points.
(B) Periodically verify the effectiveness of the HACCP plan.
SEC. 260. Section 27523.4 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113799. "Hazard" means a biological, chemical, or physical
property that may cause an unacceptable public health risk.
SEC. 261. Section 27523.8 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113803. "Hermetically sealed container" means a container that is
designed and intended to be secure against the entry of
micro-organisms and, in the case of low-acid canned foods, to
maintain the commercial sterility of its contents after processing.
SEC. 262. Section 27525.1 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113813. "Injected" means manipulating a meat so that infectious
or toxigenic micro-organisms may be introduced from its surface to
its interior through tenderizing with deep penetration or injecting
the meat such as with juices that may be referred to as "injecting,"
"pinning," or "stitch pumping."
SEC. 263. Section 27531 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113845. "Potentially hazardous food" means food that is in a form
capable of (1) supporting rapid and progressive growth of infectious
or toxigenic micro-organisms that may cause food infections or food
intoxications, or (2) supporting the growth or toxin production of
Clostridium botulinum. "Potentially hazardous food" does not include
foods that have a pH level of 4.6 or below, foods that have a water
activity (aw) value of 0.85 or less under standard conditions, food
products in hermetically sealed containers processed to prevent
spoilage, or food that has been shown by appropriate microbial
challenge studies approved by the enforcement agency not to support
the rapid and progressive growth of infectious or toxigenic
micro-organisms that may cause food infections or food intoxications,
or the growth and toxin production of Clostridium botulinum.
SEC. 264. Section 27531.5 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113847. "Premises" means the food facility, its contents, and the
contiguous land or property and its facilities and contents that are
under the control of the permitholder that may impact food
establishment personnel, facilities, or operations.
SEC. 265. Section 27533.5 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113857. "Ready-to-eat food" means food that is in a form that is
edible without additional washing, cooking, or preparation by the
food facility or the consumer and that is reasonably expected to be
consumed in that form.
SEC. 266. Section 27534 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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, and includes
a mechanical thermostatic control device that regulates refrigerated
blown air into an enclosed area at or below the minimum required
food storage temperature of potentially hazardous foods in
conformance with Section 113995.
SEC. 267. Section 27535 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113865. "Remodel" means construction, building, or repair to the
food facility that requires a permit from the local building
authority. For purposes of Article 11 (commencing with Section
114250), Article 12 (commencing with Section 114285), and Article 17
(commencing with Section 114363), remodel means any replacement or
significant modification of an integral piece of equipment.
SEC. 268. Section 27536.3 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113877. "Sanitization" means the application of heat or approved
chemical sanitizer on cleaned food contact surfaces.
SEC. 269. Section 27550 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113915. A person proposing to build or remodel a food facility
shall submit complete, easily readable plans, drawn to scale, and
specifications to the local enforcement agency for review and
approval before starting any new construction or remodeling of any
facility for use as a retail food facility as defined in this
chapter. Plans and specifications may also be required by the local
enforcement agency if it determines that they are necessary to assure
compliance with 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 agency. Nothing
in this section shall require that plans or specifications be
prepared by someone other than the applicant.
SEC. 270. Section 27560 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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. If a food facility is operating
under a HACCP plan, as defined in Section 113797 and adopted pursuant
to Section 114055 or 114056, then the enforcement officer may
inspect and secure as evidence any documents, or copies thereof,
bearing upon the facility's adherence to the HACCP plan for the
purpose of determining compliance with the plan. 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.
SEC. 271. Section 27601 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113995. (a) Except as otherwise provided in this section, all
potentially hazardous food, excluding raw shell eggs, 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. Storage and display of raw shell eggs shall be governed by
Sections 113997 and 114351.
(b) (1) Commencing January 1, 1997, all potentially hazardous food
shall be held at or below 5 degrees Celsius (41 degrees Fahrenheit)
or shall be kept at or above 60 degrees Celsius (140 degrees
Fahrenheit) at all times, except for the following:
(A) Unshucked live molluscan shellfish shall not be stored or
displayed at a temperature above 7 degrees Celsius (45 degrees
Fahrenheit).
(B) Frozen potentially hazardous foods shall be stored and
displayed in their frozen state unless being thawed in accordance
with Section 114085.
(C) Potentially hazardous foods held for dispensing in serving
lines and salad bars during periods not to exceed 12 hours in any
24-hour period or held in vending machines may not exceed 7 degrees
Celsius (45 degrees Fahrenheit). For purposes of this subdivision, a
display case shall not be deemed to be a serving line.
(D) Pasteurized milk and pasteurized milk products in original,
sealed containers shall not be held at an ambient temperature above 7
degrees Celsius (45 degrees Fahrenheit).
(2) Nothing in this subdivision shall be deemed to require any
person to replace or modify any existing refrigeration equipment
owned by that person on January 1, 1997, until January 1, 2002. For
purposes of this paragraph, neither a simple adjustment of
temperature controls nor a needed repair shall constitute a
modification.
(c) Potentially hazardous foods may be held at temperatures other
than those specified in this section when being heated or cooled, or
when the food facility operates pursuant to a HACCP plan adopted
pursuant to Section 114055 or 114056. If it is necessary to remove
potentially hazardous food from specified holding temperatures to
facilitate preparations, this preparation shall be diligent, and in
no case shall the period of an ambient-temperature preparation step
exceed two hours without a return to the specified holding
temperatures. The total ambient-temperature holding of a potentially
hazardous food for the purposes of preparation shall not exceed a
total cumulative time of four hours. For purposes of this
subdivision, preparation shall be deemed to be "diligent" with
respect to raw shell eggs held for the preparation of egg-containing
foods that are prepared to the specific order of the customer as long
as the total ambient-temperature holding of these eggs does not
exceed a total time of four hours.
(d) A thermometer accurate to plus or minus 1 degree Celsius (2
degrees Fahrenheit) shall be provided for each refrigeration or
freezer 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. 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.
SEC. 272. Section 27601.5 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
113997. (a) Commencing January 1, 1998, and until January 1,
2000, raw shell eggs shall be stored and displayed at an ambient
temperature of 7 degrees Celsius (45 degrees Fahrenheit) or below.
(b) Notwithstanding subdivision (a), raw shell eggs may be stored
and displayed unrefrigerated if all of the following conditions are
met:
(1) Not more than four days have elapsed from the date of pack.
(2) The eggs were not previously refrigerated.
(3) The eggs are not stored or displayed at an ambient temperature
above 32 degrees Celsius (90 degrees Fahrenheit).
(4) Retail egg containers are prominently labeled "REFRIGERATE
AFTER PURCHASE" or a conspicuous sign is posted advising consumers
that these eggs are to be refrigerated as soon as practical after
purchase.
(5) Retail egg containers are conspicuously identified with the
date of the pack.
(6) Any eggs that are unsold after four days from the date of the
pack shall be stored and displayed pursuant to subdivision (a),
diverted to pasteurization, or destroyed in a manner approved by the
enforcement agency.
SEC. 273. Section 27602.3 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114002. (a) Whenever food has been prepared so that it becomes
potentially hazardous, or is potentially hazardous food that has been
heated, it shall be rapidly cooled if not held at or above 60
degrees Celsius (140 degrees Fahrenheit).
(b) After heating or hot holding, potentially hazardous food shall
be cooled rapidly according to the following:
(1) From 60 degrees Celsius, (140 degrees Fahrenheit) to 21
degrees Celsius (70 degrees Fahrenheit) within two hours.
(2) From 21 degrees Celsius (70 degrees Fahrenheit) to 5 degrees
Celsius (41 degrees Fahrenheit) or below within four hours.
(c) If prepared at ambient temperature, potentially hazardous food
shall be cooled rapidly from ambient temperature to 5 degrees
Celsius (41 degrees Fahrenheit) or below within four hours.
(d) The rapid cooling of potentially hazardous food shall be
completed by one or more of the following methods based on the type
of food being cooled:
(1) Placing the food in shallow, heat-conducting pans.
(2) Separating the food into smaller or thinner portions.
(3) Using rapid-cooling equipment.
(4) Using containers that facilitate heat transfer.
(5) Adding ice as an ingredient.
(6) Inserting appropriately designed containers in an ice bath and
stirring frequently.
(7) In accordance with a HACCP plan adopted pursuant to Section
114055 or 114056.
(8) Utilizing other effective means that have been approved by the
enforcement agency.
(e) When potentially hazardous food is placed in cooling or
cold-holding equipment, food containers in which the food is being
cooled shall be:
(1) Arranged in the equipment, to the extent practicable, to
provide maximum heat transfer through the container walls.
(2) Loosely covered, or uncovered if protected from overhead
contamination, to facilitate heat transfer from the surface of the
food.
(3) Stirred as necessary to evenly cool a liquid or a semiliquid
food.
(f) Notwithstanding subdivision (e), other methods of cooling
potentially hazardous food may be utilized, unless deemed
unacceptable by the enforcing agency, including, but not limited to,
a HACCP plan adopted pursuant to Section 114055 or 114056.
SEC. 274. Section 27602.4 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114003. (a) Food shall be inspected as soon as practicable upon
receipt and prior to any use, storage, or resale.
(b) Food shall be accepted only if the inspection conducted upon
receipt determines that the food satisfies all of the following:
(1) Was prepared by and received from approved sources.
(2) Is received in a wholesome condition.
(3) Is in containers that are not contaminated or damaged in a
manner as to permit contamination of food.
(4) Is in containers and on pallets that are not infested with
vermin.
(c) Potentially hazardous food shall be inspected for signs of
spoilage and randomly checked for adherence to the temperature
requirements set forth in Section 113995. No temperatures need be
taken of foods that are hard-frozen or are visibly well packed in
ice.
(d) Shell eggs shall be clean and unbroken upon receipt.
(e) (1) No raw or raw frozen molluscan shellfish shall be accepted
unless each container is properly labeled with the species,
quantity, harvest site, date of harvest, and name and certification
number of the harvester or original shipper or both. The shellfish
certification tag or label shall be maintained upon the original
container until emptied and then retained for a period of not less
than 90 days from the date of receipt. In the case of a food
establishment that sells full containers of shucked or unshucked
shellfish, an invoice or written record containing all of the
required shellfish information may be maintained, for a period of not
less than 90 days from the date of receipt, in lieu of maintaining
the certification tag or label as provided in the preceding sentence.
(2) Live molluscan shellfish may not be accepted unless received
at an internal temperature of 7 degrees Celsius (45 degrees
Fahrenheit) or below; provided, however, that the shellfish may be
accepted at a temperature above 7 degrees Celsius (45 degrees
Fahrenheit) if received on the date of harvest.
(f) Frozen food shall be accepted only if there are no visible
signs of thawing or refreezing.
SEC. 275. Section 27606 of the Health and Safety Code, as added by
Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114025. (a) Only those insecticides, rodenticides, and other
pesticides that are specifically approved for use in a food facility
may be used.
(b) All poisonous substances, detergents, bleaches, cleaning
compounds, and all other injurious or poisonous materials shall be
used and stored in containers specifically and plainly labeled as to
contents, hazard, and use, except for those products held for retail
sale.
(c) All poisonous substances, detergents, bleaches, cleaning
compounds, and all other injurious or poisonous materials shall be
stored and used only in a manner that is not likely to cause
contamination or adulteration of food, food contact surfaces,
utensils, or packaging materials.
SEC. 276. Section 27612 of the Health and Safety Code, as added by
Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114055. (a) Food facilities may operate pursuant to a HACCP plan.
(b) The person operating a food facility pursuant to a HACCP plan
shall designate at least one person to be responsible for developing
HACCP plans, verifying that HACCP plans are effective, and training
employees.
(1) The designated person shall have knowledge in the causes of
foodborne illness.
(2) The designated person shall have knowledge of HACCP principles
and their application.
(c) A minimum of one person per shift shall be designated who is
knowledgeable in the HACCP plan or plans adopted by the operator to
be responsible for adherence to any HACCP plan used, take corrective
actions when necessary, and assure monitoring records are properly
completed.
(d) Food receiving, storage, display, and dispensing procedures
may be addressed under a general HACCP plan if the foods have common
hazards and critical control points.
(e) Food facilities may engage in the following only pursuant to a
HACCP plan adopted pursuant to this section or Section 114056: (1)
acidification of potentially hazardous foods to prevent bacterial
growth; (2) packing potentially hazardous foods in an oxygen-reduced
atmosphere for a period that exceeds 10 days; (3) storing partially
cooked meals in sealed containers at temperatures above negative 17
degrees Celsius (0 degrees Fahrenheit) for a period that exceeds 10
days; (4) preserving foods by smoking, curing, or using food
additives; or (5) controlling the safety of potentially hazardous
foods by using time limits.
(f) All critical limit monitoring equipment shall be suitable for
its intended purpose and be calibrated as specified by its
manufacturer. The food facility shall maintain all calibration
records for a period not less than two years.
(g) No verification of the effectiveness of a critical limit is
required if the critical limits used in the HACCP plan do not differ
from the critical limits set forth in Sections 113845, 113995, and
114003.
(h) HACCP training of employees shall be documented and HACCP
training records of an employee shall be retained for the duration of
employment or a period not less than two years, whichever is
greater. Training given to employees shall be documented as to date,
trainer, and subject.
(i) All critical control point monitoring records shall be
retained for a period not less than 90 days.
(j) Nothing in this section shall be deemed to require the
enforcement agency to review or approve a HACCP plan.
SEC. 277. Section 27612.1 of the Health and Safety Code, as added
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114056. (a) Any HACCP plan that uses only time as a critical
limit to assure the safety of a potentially hazardous food or uses
critical limits other than those stated in Sections 113845, 113995,
and 114003 shall not be implemented without prior review and approval
by the enforcement agency.
(b) Any HACCP plan using acidification or water activity to
prevent the growth of Clostridium botulinum shall not be implemented
without prior review and approval by the department.
(c) The enforcement agency shall collect fees sufficient only to
cover the costs for review, inspections, and any laboratory samples
taken.
(d) Any HACCP plan may be disapproved if it does not comply with
HACCP principles.
(e) The enforcement agency may suspend or revoke, as set forth in
this subdivision, its approval of a HACCP plan without prior notice
if the plan: is determined to pose a public health risk due to
changes in scientific knowledge or the hazards present; or there is a
finding that the food facility
does not have the ability to follow its HACCP plan; or there is
a finding that the food facility does not consistently follow its
HACCP plan.
(1) Within 30 days of written notice of suspension or revocation
of approval, the food facility may request a hearing to present
information as to why the HACCP plan suspension or revocation should
not have taken place or to submit HACCP plan changes.
(2) The hearing shall be held within 15 working 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 that action.
(3) The hearing officer shall issue a written notice of decision
within five working days following the hearing. If the decision is
to suspend or revoke approval, the reason for suspension or
revocation shall be included in the written decision.
SEC. 278. Section 27613 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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.
(5) Contact with any other chemical sanitizer that meets the
requirements of Section 178.1010 of Title 21 of the Code of Federal
Regulations when used in accordance with the manufacturer's use
directions as specified on the product label.
(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.
SEC. 279. Section 27614 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114065. All new and replacement food-related and utensil-related
equipment shall meet or be equivalent to approved applicable
sanitation standards.
The department, in consultation with the California Conference of
Directors of Environmental Health, shall approve the sanitation
standards, shall recognize which testing organizations are qualified
to perform evaluations in accordance with those standards, and shall
develop sanitation standards where necessary. In the absence of
approved applicable sanitation standards, food-related and
utensil-related equipment shall be approved by the enforcement
agency.
Nothing in this section shall preclude the department from
approving nationally recognized sanitation standards. Until the
department approves standards pursuant to this section, standards
adopted by nationally recognized testing organizations, as of January
1, 1997, may be used.
SEC. 280. Section 27621 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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 shall
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 or other approved device or mechanism
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.
(4) 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.
SEC. 281. Section 27622 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114085. (a) Frozen food that has been thawed shall be cooked or
otherwise processed before it may be refrozen.
(b) Potentially hazardous frozen foods shall be thawed only:
(1) In refrigeration units.
(2) Under potable running water for a period not to exceed two
hours. The water temperature shall not exceed 24 degrees Celsius (75
degrees Fahrenheit) and shall be of sufficient velocity to flush
loose food particles into the sink drain.
(3) In a microwave oven.
(4) As part of the cooking process.
SEC. 282. Section 27622.5 of the Health and Safety Code, as added
by Chapter 329 of the Statutes of 1995, is amended and renumbered to
read:
114086. It is the intent of the Legislature that the California
Uniform Retail Food Facilities Law Revision Committee, in its effort
to bring forward a uniform state food health code that is appropriate
for every type of retail food facility, recommend internal cooking
temperatures and time ratios that kill the Escherichia Coli 0157: H7
(E-Coli) bacteria in ground beef of 145 degrees Fahrenheit for three
minutes; 150 degrees Fahrenheit for one minute; or 155 degrees
Fahrenheit for 15 seconds, or as otherwise approved by the State
Department of Health Services.
SEC. 283. Section 27623 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114090. (a) All utensils and equipment shall be scraped, 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 a sink with at
least three compartments 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 or
two-compartment sink that is in use on January 1, 1996, may be
continued in use until replaced. The enforcement officer may approve
the continued use of a one-compartment or two-compartment sink even
upon replacement if the installation of a three-compartment sink
would not be readily achievable and where other approved sanitation
methods are used.
(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 meet or be equivalent to sanitation
standards approved pursuant to Section 114065 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. 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 which 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.
(i) Equipment food-contact surfaces and utensils shall be cleaned
and sanitized as follows:
(1) Each time there is a change in processing between types of
animal products except when products are handled in the following
order: any cooked ready-to-eat products first; raw beef and lamb
products second; raw fish products third; and raw pork or poultry
products last.
(2) Each time there is a change from working with raw foods of
animal origin to working with ready-to-eat foods.
(3) Between uses with raw fruits or vegetables and with
potentially hazardous food.
(4) Before each use of a food temperature measuring device.
(5) At any time during the food handling operation when
contamination may have occurred.
(j) (1) Except as provided in paragraphs (2) and (3) of this
subdivision, if used with potentially hazardous food, equipment
food-contact surfaces and utensils shall be cleaned throughout the
day at least every four hours.
(2) Equipment food-contact surfaces and utensils may be cleaned
less frequently than every four hours if the utensils and equipment
are used to prepare food in a refrigerated room, at or below 13
degrees Celsius (55 degrees Fahrenheit), and the utensils and
equipment are cleaned at least every 24 hours.
(3) Equipment food-contact surfaces and utensils may be cleaned
less frequently than every four hours if the enforcement agency
approves the cleaning schedule utilized based on a consideration of
the following factors:
(A) Characteristics of the equipment and its use.
(B) The type of food involved.
(C) The amount of food residue accumulation.
(D) The temperature at which the food is maintained during the
operation and the potential for the rapid and progressive growth of
infectious or toxicogenic micro-organisms that may cause food
infections or food intoxications.
(k) Nonfood contact surfaces of equipment shall be cleaned at a
frequency necessary to prevent accumulation of residue.
SEC. 284. Section 27625 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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,
utensil washing sinks, display cases, and other similar equipment
that discharge liquid waste shall be drained by means of indirect
waste pipes, and all wastes drained by them shall discharge through
an airgap into an open floor sink or other approved type of receptor
that is properly connected to the drainage system. 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. Utensil washing
sinks in use on January 1, 1996, that are directly plumbed may be
continued in use.
SEC. 285. Section 27627 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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 the 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, 1996, shall provide
facilities exclusively for handwashing in food preparation areas,
that are sufficient in number and conveniently located so as to be
accessible at all times for use by food handlers.
SEC. 286. Section 27629 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114140. Ventilation shall be provided to remove toxic gases,
heat, grease, vapors, and 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
each 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 Code of Regulations.
This section shall not apply to cooking equipment when the
equipment has been submitted to the department for evaluation, and it
has found that the equipment does not produce toxic gases, smoke,
grease, vapors, or heat when operated under conditions recommended by
the manufacturer. The department may recognize a testing
organization to perform any necessary evaluations.
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.
SEC. 287. Section 27632 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114155. (a) Except as provided in subdivision (b) the walls and
ceilings of all rooms shall be of a durable, smooth, nonabsorbent,
light-colored, and washable surface.
For purposes of this chapter, light colored shall mean having a
light reflectance value of 70 percent or greater.
(b) This section shall not apply to the following areas:
(1) Walls and ceilings of bar areas in which alcoholic beverages
are sold or served directly to the patrons, except wall areas
adjacent to bar sinks and areas where food is prepared.
(2) Areas where food is stored only in unopened bottles, cans,
cartons, sacks, or other original shipping containers.
(3) Dining and sales areas.
(4) Offices.
(5) Restrooms that are used exclusively by the patrons; provided,
however, that the walls and ceilings in the restrooms shall be of a
nonabsorbent and washable surface.
(c) 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.
(d) 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.
SEC. 288. Section 27675 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
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, handwashing cleanser and
single-service towels shall be provided. The sink shall be furnished
with warm running water that is at least 38 degrees Celsius (101
degrees Fahrenheit) and cold water. The warm and cold water shall be
provided through a mixing valve. The sink shall be of a size
suitable for washing hands and shall be large enough to accommodate
the largest utensils washed. The location of the sink, handwashing
cleanser and single service towels shall be easily accessible and
unobstructed to the operator in the working area. The minimum warm
water holding capacity shall be one-half gallon.
(c) A water supply tank of at least 18 liters (5 gallons)
capacity.
(d) A wastewater tank of at least 28 liters (7.5 gallons)
capacity.
SEC. 289. Section 27677 of the Health and Safety Code, as added by
Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114281. Vehicles that are occupied during normal business
operations shall have a clear, unobstructed height over the aisle-way
portion of the unit of at least 188 centimeters (74 inches) from
floor to ceiling, and a minimum of 76 centimeters (30 inches) of
unobstructed horizontal aisle space. This section shall not apply to
vehicles under permit prior to January 1, 1996.
SEC. 290. Section 27791 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114290. (a) All mobile food preparation units, stationary mobile
food preparation units, commissaries, and other approved facilities
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 the provisions of 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
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 department.
The department may issue an annual certificate of compliance for
each certified vehicle, as required by regulation.
SEC. 291. Section 27832 of the Health and Safety Code, as added by
Chapter 852 of the Statutes of 1995, is amended and renumbered to
read:
114351. Raw shell eggs may be stored and displayed without
refrigeration if all of the following conditions are met:
(a) The eggs were produced by poultry owned by the seller and
collected on the seller's property.
(b) The eggs are not placed in direct sunlight during storage or
display.
(c) Retail egg containers are prominently labeled "REFRIGERATE
AFTER PURCHASE" or the seller posts a conspicuous sign advising
consumers that the eggs are to be refrigerated as soon as practical
after purchase.
(d) Retail egg containers are conspicuously identified as to the
date of the pack.
(e) The eggs have been cleaned and sanitized.
(f) The eggs are not checked, cracked, or broken.
(g) Any eggs that are stored and displayed at temperatures of 90
degrees Fahrenheit or below and that are unsold after four days from
the date of pack shall be stored and displayed at an ambient
temperature of 7 degrees Celsius (45 degrees Fahrenheit) or below,
diverted to pasteurization, or destroyed in a manner approved by the
enforcement agency.
(h) Any eggs that are stored and displayed at temperatures above
90 degrees Fahrenheit that are unsold after four days from the date
of pack shall be diverted to pasteurization or destroyed in a manner
approved by the enforcement agency.
(i) This section shall become operative on January 1, 1998.
SEC. 292. Section 27844 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered,
immediately preceeding Section 114363, to read:
114362. The onsite food establishment shall support a satellite
food distribution facility as defined in subdivision (b) of Section
113880 by doing all of the following where appropriate:
(a) Unpacking from bulk potentially hazardous foods.
(b) Filling suitable dispensers with condiments.
(c) Mixing, blending, forming, cooking or otherwise preparing all
unpackaged potentially hazardous foods.
(d) Heating to a minimum temperature of 140 degrees Fahrenheit all
potentially hazardous foods that are intended to be served or held
hot.
(e) Cooling, to the temperatures specified in Section 113995,
potentially hazardous foods that are intended to be served or held
cold.
(f) Packing any unpackaged food into suitable, covered containers
prior to transport.
(g) Providing
storage for foods not described in Section 114361 during periods of
inoperation.
(h) Cleaning and sanitizing all multiuse utensils and easily
removable food contact surfaces in accordance with the requirements
of Section 114090.
SEC. 293. Section 27845 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered,
immediately following Section 114362, to read:
114363. Restrooms shall comply with Section 114105 or Section
114110.
SEC. 294. Section 27849 of the Health and Safety Code, as amended
by Chapter 852 of the Statutes of 1995, is amended and renumbered,
immediately following Section 114365 as added by Section 115, to
read:
114367. The enforcement agency shall review and approve written
procedures, schedules, and record exemplars to assure all of the
following:
(a) That in-place cleaning procedures for equipment and structures
are adequate in frequency, soil removal, sanitizing, and disposal of
wastewater, washwater, and refuse.
(b) That food transported to and from the onsite food
establishment will not be exposed to contamination.
(c) That potentially hazardous food will be held at or below 7
degrees Celsius (45 degrees Fahrenheit) or at or above 60 degrees
Celsius (140 degrees Fahrenheit) at all times.
This section shall apply to vehicles that operate within a defined
and securable perimeter as prescribed in subdivision (b) of Section
113880.
SEC. 295. Section 32121 of the Health and Safety Code, as amended
by Chapter 35 of the Statutes of 1995, is amended to read:
32121. Each local district shall have and may exercise the
following powers:
(a) To have and use a corporate seal and alter it at its pleasure.
(b) To sue and be sued in all courts and places and in all actions
and proceedings whatever.
(c) To purchase, receive, have, take, hold, lease, use, and enjoy
property of every kind and description within and without the limits
of the district, and to control, dispose of, convey, and encumber the
same and create a leasehold interest in the same for the benefit of
the district.
(d) To exercise the right of eminent domain for the purpose of
acquiring real or personal property of every kind necessary to the
exercise of any of the powers of the district.
(e) To establish one or more trusts for the benefit of the
district, to administer any trust declared or created for the benefit
of the district, to designate one or more trustees for trusts
created by the district, to receive by gift, devise, or bequest, and
hold in trust or otherwise, property, including corporate securities
of all kinds, situated in this state or elsewhere, and where not
otherwise provided, dispose of the same for the benefit of the
district.
(f) To employ legal counsel to advise the board of directors in
all matters pertaining to the business of the district, to perform
the functions in respect to the legal affairs of the district as the
board may direct, and to call upon the district attorney of the
county in which the greater part of the land in the district is
situated for legal advice and assistance in all matters concerning
the district, except that if that county has a county counsel, the
directors may call upon the county counsel for legal advice and
assistance.
(g) To employ any officers and employees, including architects and
consultants, the board of directors deems necessary to carry on
properly the business of the district.
(h) To prescribe the duties and powers of the health care facility
administrator, secretary, and other officers and employees of any
health care facilities of the district, to establish offices as may
be appropriate and to appoint board members or employees to those
offices, and to determine the number of, and appoint, all officers
and employees and to fix their compensation. The officers and
employees shall hold their offices or positions at the pleasure of
the boards of directors.
(i) To do any and all things that an individual might do that are
necessary for, and to the advantage of, a health care facility and a
nurses' training school, or a child care facility for the benefit of
employees of the health care facility or residents of the district.
(j) To establish, maintain, and operate, or provide assistance in
the operation of, one or more health facilities or health services,
including, but not limited to, outpatient programs, services, and
facilities, retirement programs, services, and facilities, chemical
dependency programs, services, and facilities, or other health care
programs, services, and facilities and activities at any location
within or without the district for the benefit of the district and
the people served by the district.
"Health care facilities," as used in this subdivision, means those
facilities defined in subdivision (b) of Section 32000.1 and
specifically includes freestanding chemical dependency recovery
units. "Health facilities," as used in this subdivision, may also
include those facilities defined in subdivision (d) of Section 15432
of the Government Code.
(k) To do any and all other acts and things necessary to carry out
this division.
(l) To acquire, maintain, and operate ambulances or ambulance
services within and without the district.
(m) To establish, maintain, and operate, or provide assistance in
the operation of, free clinics, diagnostic and testing centers,
health education programs, wellness and prevention programs,
rehabilitation, aftercare, and any other health care services
provider, groups, and organizations that are necessary for the
maintenance of good physical and mental health in the communities
served by the district.
(n) To establish and operate in cooperation with its medical staff
a coinsurance plan between the hospital district and the members of
its attending medical staff.
(o) To establish, maintain, and carry on its activities through
one or more corporations, joint ventures, or partnerships for the
benefit of the health care district.
(p) (1) To transfer, at fair market value, any part of its assets
to one or more nonprofit corporations to operate and maintain the
assets. A transfer pursuant to this paragraph shall be deemed to be
at fair market value if an independent consultant, with expertise in
methods of appraisal and valuation and in accordance with applicable
governmental and industry standards for appraisal and valuation,
determines that fair and reasonable consideration is to be received
by the district for the transferred district assets. Before the
district transfers, pursuant to this paragraph, 50 percent or more of
the district's assets to one or more nonprofit corporations, in sum
or by increment, the elected board shall, by resolution, submit to
the voters of the district a measure proposing the transfer. The
measure shall be placed on the ballot of a special election held upon
the request of the district or the ballot of the next regularly
scheduled election occurring at least 88 days after the resolution of
the board. If a majority of the voters voting on the measure vote
in its favor, the transfer shall be approved. The campaign
disclosure requirements applicable to local measures provided under
Chapter 4 (commencing with Section 84100) of Title 9 of the
Government Code shall apply to this election.
(2) To transfer, for the benefit of the communities served by the
district, in the absence of adequate consideration, any part of the
assets of the district, including without limitation real property,
equipment, and other fixed assets, current assets, and cash, relating
to the operation of the district's health care facilities to one or
more nonprofit corporations to operate and maintain the assets.
(A) A transfer of 50 percent or more of the district's assets, in
sum or by increment, pursuant to this paragraph shall be deemed to be
for the benefit of the communities served by the district only if
all of the following occur:
(i) The transfer agreement and all arrangements necessary thereto
are fully discussed in advance of the district board decision to
transfer the assets of the district in at least five properly noticed
open and public meetings in compliance with the Ralph M. Brown Act,
Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code, and Section 32106.
(ii) The transfer agreement provides that the hospital district
shall approve all initial board members of the nonprofit corporation
and any subsequent board members as may be specified in the transfer
agreement.
(iii) The transfer agreement provides that all assets transferred
to the nonprofit corporation, and all assets accumulated by the
corporation during the term of the transfer agreement arising out of
or from the operation of the transferred assets, are to be
transferred back to the district upon termination of the transfer
agreement, including any extension of the transfer agreement.
(iv) The transfer agreement commits the nonprofit corporation to
operate and maintain the district's health care facilities and its
assets for the benefit of the communities served by the district.
(v) The transfer agreement requires that any funds received from
the district at the outset of the agreement or any time thereafter
during the term of the agreement be used only to reduce district
indebtedness, to acquire needed equipment for the district health
care facilities, to operate, maintain, and make needed capital
improvements to the district's health care facilities, to provide
supplemental health care services or facilities for the communities
served by the district, or to conduct other activities that would
further a valid public purpose if undertaken directly by the
district.
(B) A transfer of 33 percent or more but less than 50 percent of
the district's assets, in sum or by increment, pursuant to this
paragraph shall be deemed to be for the benefit of the communities
served by the district only if both of the following occur:
(i) The transfer agreement and all arrangements necessary thereto
are fully discussed in advance of the district board decision to
transfer the assets of the district in at least two properly noticed
open and public meetings in compliance with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code), and Section 32106.
(ii) The transfer agreement meets all of the requirements of
clauses (ii) to (v), inclusive, of subparagraph (A).
(C) A transfer of 10 percent or more but less than 33 percent of
the district's assets, in sum or by increment, pursuant to this
paragraph shall be deemed to be for the benefit of the communities
served by the district only if both of the following occur:
(i) The transfer agreement and all arrangements necessary thereto
are fully discussed in advance of the district board decision to
transfer the assets of the district in at least two properly noticed
open and public meetings in compliance with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code), and Section 32106.
(ii) The transfer agreement meets all of the requirements of (iii)
to (v), inclusive, of subparagraph (A).
(D) Before the district transfers, pursuant to this paragraph, 50
percent or more of the district's assets to one or more nonprofit
corporations, in sum or by increment, the elected board shall, by
resolution, submit to the voters of the district a measure proposing
the transfer. The measure shall be placed on the ballot of a special
election held upon the request of the district or the ballot of the
next regularly scheduled election occurring at least 88 days after
the resolution of the board. If a majority of the voters voting on
the measure vote in its favor, the transfer shall be approved. The
campaign disclosure requirements applicable to local measures
provided under Chapter 4 (commencing with Section 84100) of Title 9
of the Government Code shall apply to this election.
(E) Notwithstanding the other provisions of this paragraph, a
hospital district shall not transfer any portion of its assets to a
private nonprofit organization that is owned or controlled by a
religious creed, church, or sectarian denomination in the absence of
adequate consideration.
(3) If the district board has previously transferred less than 50
percent of the district's assets pursuant to this subdivision, before
any additional assets are transferred the board shall hold a public
hearing and shall make a public determination that the additional
assets to be transferred will not, in combination with any assets
previously transferred, equal 50 percent or more of the total assets
of the district.
(4) The amendments to this subdivision made during the 1991-92
Regular Session, and the amendments made to this subdivision and to
Section 32126 made during the 1993-94 Regular Session, shall only
apply to transfers made on or after the effective dates of the acts
amending this subdivision. The amendments to this subdivision made
during those sessions shall not apply to any of the following:
(A) A district that has discussed and adopted a board resolution,
prior to September 1, 1992, that authorizes the development of a
business plan for an integrated delivery system.
(B) A lease agreement, transfer agreement, or both between a
district and a nonprofit corporation that were in full force and
effect as of September 1, 1992, for as long as that lease agreement,
transfer agreement, or both remain in full force and effect.
(5) Notwithstanding paragraph (4), if substantial amendments are
proposed to be made to a transfer agreement described in subparagraph
(A) or (B) of paragraph (4), the amendments shall be fully discussed
in advance of the district board's decision to adopt the amendments
in at least two properly noticed open and public meetings in
compliance with Section 32106 and the Ralph M. Brown Act, (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of
the Government Code).
(6) Notwithstanding paragraphs (4) and (5), a transfer agreement
described in subparagraph (A) or (B) of paragraph (4) that provided
for the transfer of less than 50 percent of a district's assets shall
be subject to the requirements of subdivision (p) of Section 32121
when subsequent amendments to that transfer agreement would result in
the transfer, in sum or by increment, of 50 percent or more of a
district's assets to the nonprofit corporation.
(7) For purposes of this subdivision, a "transfer" means the
transfer of ownership of the assets of a district. A lease of the
real property or the tangible personal property of a district shall
not be subject to this subdivision except as specified in Section
32121.4 and as required under Section 32126.
(8) Districts that request a special election pursuant to
paragraph (1) or (2) shall reimburse counties for the costs of that
special election as prescribed pursuant to Section 10520 of the
Elections Code.
(9) Nothing in this section, including subdivision (j), shall be
construed to permit a local district to obtain or be issued a single
consolidated license to operate a separate physical plant as a
skilled nursing facility or an intermediate care facility that is not
located within the boundaries of the district.
(10) A transfer of any of the assets of a district to one or more
nonprofit corporations to operate and maintain the assets shall not
be required to meet paragraphs (1) to (9), inclusive, of this
subdivision if all of the following conditions apply at the time of
the transfer:
(A) The district has entered into a loan that is insured by the
State of California under Chapter 1 (commencing with Section 129000)
of Part 6 of Division 107.
(B) The district is in default of its loan obligations, as
determined by the Office of Statewide Health Planning and
Development.
(C) The Office of Statewide Health Planning and Development and
the district, in their best judgment, agree the transfer of some or
all of the assets of the district to a nonprofit corporation or
corporations is necessary to cure the default, and will obviate the
need for foreclosure. This cure of default provision shall be
applicable prior to the office foreclosing on district hospital
assets. After the office has foreclosed on district hospital assets,
or otherwise taken possession in accordance with law, the office may
exercise all of its powers to deal with and dispose of hospital
property.
(D) The transfer and all arrangements necessary thereto are
discussed in advance of the transfer in at least one properly noticed
open and public meeting in compliance with the Ralph M. Brown Act,
Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code and Section 32106. The meeting
referred to in this paragraph shall be noticed and held within 90
days of notice in writing to the district by the office of an event
of default. If the meeting is not held within this 90-day period,
the district shall be deemed to have waived this requirement to have
a meeting.
(11) If a transfer under paragraph (10) is a lease, the lease
shall provide that the assets shall revert to the district at the
conclusion of the leasehold interest. If the transfer is a sale, the
proceeds shall be used first to retire the obligation insured by the
office, then to retire any other debts of the district. After
providing for debts, any remaining funds shall revert to the
district.
(q) To contract for bond insurance, letters of credit, remarketing
services, and other forms of credit enhancement and liquidity
support for its bonds, notes, and other indebtedness and to enter
into reimbursement agreements, monitoring agreements, remarketing
agreements, and similar ancillary contracts in connection therewith.
(r) To establish, maintain, operate, participate in, or manage
capitated health care plans, health maintenance organizations,
preferred provider organizations, and other managed health care
systems and programs properly licensed by the Department of Insurance
or the Department of Corporations, at any location within or without
the district for the benefit of residents of communities served by
the district. However, that activity shall not be deemed to result
in or constitute the giving or lending of the district's credit,
assets, surpluses, cash, or tangible goods to, or in aid of, any
person, association, or corporation in violation of Section 6 of
Article XVI of the California Constitution.
Nothing in this section shall authorize activities that
corporations and other artificial legal entities are prohibited from
conducting by Section 2400 of the Business and Professions Code.
Any agreement to provide health care coverage that is a health
care service plan, as defined in subdivision (f) of Section 1345,
shall be subject to the provisions of Chapter 2.2 (commencing with
Section 1340) of Division 2, unless exempted pursuant to Section 1343
or 1349.2.
A district shall not provide health care coverage for any employee
of an employer operating within the communities served by the
district, unless the Legislature specifically authorizes, or has
authorized in this section or elsewhere, the coverage.
This section shall not authorize any district to contribute its
facilities to any joint venture that could result in transfer of the
facilities from district ownership.
(s) To provide health care coverage to members of the district's
medical staff, employees of the medical staff members, and the
dependents of both groups, on a self-pay basis.
SEC. 296. Section 32127.2 of the Health and Safety Code is amended
to read:
32127.2. Exclusively for the purpose of securing state insurance
of financing for the construction of new health facilities, the
expansion, modernization, renovation, remodeling and alteration of
existing health facilities, and the initial equipping of any such
health facilities under Chapter 1 (commencing with Section 129000) of
Part 6 of Division 107, and notwithstanding any provision of this
division or any other provision or holding of law, the board of
directors of any district may (a) borrow money or credit, or issue
bonds, as well as by the financing methods specified in this
division, and (b) execute in favor of the state first mortgages,
first deeds of trust, and other necessary security interests as the
Office of Statewide Health Planning and Development may reasonably
require in respect to a health facility project property as security
for the insurance. No payments of principal, interest, insurance
premium and inspection fees, and all other costs of state-insured
loans obtained under the authorization of this section shall be made
from funds derived from the district's power to tax. It is hereby
declared that the authorizations for the executing of the mortgages,
deeds of trust and other necessary security agreements by the board
and for the enforcement of the state's rights thereunder is in the
public interest in order to preserve and promote the health, welfare,
and safety of the people of this state by providing, without cost to
the state, a state insurance program for health facility
construction loans in order to stimulate the flow of private capital
into health facilities construction to enable the rational meeting of
the critical need for new, expanded and modernized public health
facilities.
SEC. 297. Section 32132 of the Health and Safety Code is amended
to read:
32132. (a) Except as otherwise provided in this section, or in
Chapter 3.2 (commencing with Section 4217.10) of Division 5 of Title
1 of the Government Code, the board of directors shall let any
contract involving an expenditure of more than twenty-five thousand
dollars ($25,000) for materials and supplies to be furnished, sold,
or leased to the district, or any contract involving an expenditure
of more than twenty-five thousand dollars ($25,000) for work to be
done, to the lowest responsible bidder who shall give the security
the board requires, or else reject all bids.
Except as otherwise provided in this section, for a local health
care district that is a small and rural hospital, as defined in
Section 124840, the board of directors shall acquire materials and
supplies that cost more than twenty-five thousand dollars ($25,000),
but less than fifty thousand dollars ($50,000), through competitive
means, except when the board determines either that (1) the materials
and supplies proposed for acquisition are the only materials and
supplies that can meet the district's need, or (2) the materials and
supplies are needed in cases of emergency where immediate acquisition
is necessary for the protection of the public health, welfare, or
safety. As used in this paragraph, "competitive means" has the same
meaning as used in subdivision (b) of Section 32138.
(b) Subdivision (a) shall not apply to medical or surgical
equipment or supplies, to professional services, or to electronic
data processing and telecommunications goods and services.
(c) Bids need not be secured for change orders that do not
materially change the scope of the work as set forth in a contract
previously made if the contract was made after compliance with
bidding requirements, and if each individual change order does not
total more than 5 percent of the contract.
(d) As used in this section, "medical or surgical equipment or
supplies" includes only equipment or supplies commonly, necessarily,
and directly used by, or under the direction of, a physician and
surgeon in caring for or treating a patient in a hospital.
(e) Nothing in this section shall prevent any district health care
facility from participating as a member of any organization
described in Section 23704 of the Revenue and Taxation Code, nor
shall this section apply to any purchase made, or services rendered,
by the organization on behalf of a district health care facility that
is a member of the organization.
SEC. 298. Section 32221 of the Health and Safety Code is amended
to read:
32221. The board of directors may establish a fund for capital
outlays; provided, that no part of said fund shall be used for
acquisition of additional patient bed capacity by lease or purchase
of any hospital buildings or facilities or for new construction of
additional patient bed capacity for an existing hospital without the
approval of the appropriate voluntary area health planning agency
established pursuant to Section 127155. If the fund is established,
it shall include in the estimate required to be furnished to the
board of supervisors a statement of the amount to be included in the
annual assessment for this purpose. The amount to be raised shall be
included in the tax limitation prescribed by Section 32203.
Notwithstanding any other provision of law, the board of
supervisors may levy a tax in excess of the maximum tax levy
specified in Section 32203 to be used for capital outlay if a
majority of the district electors voting at an election held for that
purpose approve the imposition of the tax.
SEC. 299. Section 38072 of the Health and Safety Code is amended
to read:
38072. For purposes of this division, the following definitions
shall apply:
(a) "Cooperative agreement" means an agreement between the
department and a unit of local government, any other unit of state
government, or a nonprofit organization that provides for a contract
under any of the following programs:
(1) California AIDS Program (Chapter 2 (commencing with Section
120800) of Part 4 of Division 105).
(2) Health of Seasonal Agricultural and Migratory Workers (Chapter
3 (commencing with Section 124550) of Part 4 of Division 106).
(3) American Indian Health Services (Chapter 4 (commencing with
Section 124575) of Part 4 of Division 106).
(4) Rural Health Services Development (Chapter 5 (commencing with
Section 124600) of Part 4 of Division 106).
(5) Grants-In-Aid for Clinics (Article 1 (commencing with Section
124875) of Chapter 7 of Part 4 of Division 106).
(6) Expanded Access to Primary Care (Article 2 (commencing with
Section 124900) of Chapter 7 of Part 4 of Division 106).
(7) Birth Defects Monitoring Program (Chapter 1 (commencing with
Section 103825) of Part 2 of Division 102).
(8) Maternal and child health programs, including, but not limited
to, Article 5 (commencing with Section 123800) of Chapter 3 of Part
2 of Division 106 and as set forth in subdivision (c) of Section 27.
(9) Special
Supplemental Food Program for Women, Infants, and Children (Article 2
(commencing with Section 123275) of Chapter 1 of Part 2 of Division
106).
(10) Perinatal Health Care (Article 4 (commencing with Section
123550) of Chapter 2 of Part 2 of Division 106).
(11) Family planning services (Section 14503 of the Welfare and
Institutions Code).
(12) Hereditary Disorders Programs (subdivision (b) of Section
27).
(13) Other public health programs for the protection,
preservation, and advancement of public health authorized pursuant to
Section 100185 or pursuant to an annual Budget Act provision.
(b) "Department" means the State Department of Health Services.
SEC. 300. Section 38079 of the Health and Safety Code is amended
to read:
38079. (a) All cooperative agreements, regardless of the size of
the contracting nonprofit organization, shall be subject to the late
payment provisions set forth in Section 926.15 of the Government
Code.
(b) In implementing this division, the department shall have the
authority of, and be subject to, the provisions set forth in Chapter
2 (commencing with Section 124475) of Part 4 of Division 106, except
that those provisions shall apply to all cooperative agreements, not
only those agreements with clinics. However, notwithstanding Section
124500, moneys in the Clinic Revolving Fund of the State Department
of Health Services shall be used for purposes of this division only
upon appropriation of funds by the Legislature for that purpose.
SEC. 301. Section 39660.5 of the Health and Safety Code is amended
to read:
39660.5. (a) In evaluating the level of potential human exposure
to toxic air contaminants, the state board shall assess that exposure
in indoor environments as well as in ambient air conditions.
(b) The state board shall consult with the State Department of
Health Services, pursuant to the program on indoor environmental
quality established under Chapter 7 (commencing with Section 105400)
of Part 5 of Division 103, concerning what potential toxic air
contaminants may be found in the indoor environment and on the best
methodology for measuring exposure to these contaminants.
(c) When the state board identifies toxic air pollutants that have
been found in any indoor environment, the state board shall refer
all available data on that exposure and the suspected source of the
pollutant to the State Department of Health Services, the Division of
Occupational Safety and Health of the Department of Industrial
Relations, the State Energy Resources Conservation and Development
Commission, the Department of Housing and Community Development, and
the Department of Consumer Affairs.
(d) In assessing human exposure to toxic air contaminants in
indoor environments pursuant to this section, the state board shall
identify the relative contribution to total exposure to the
contaminant from indoor concentrations, taking into account both
ambient and indoor air environments.
SEC. 301.1. Section 100125 of the Health and Safety Code is
amended to read:
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 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.
SEC. 301.2. Section 100333 is added to the Health and Safety Code,
to read:
100333. (a) The department shall annually compile and publish the
laws relating to the use, handling, transportation, storage, and
disposal of hazardous materials, including, but not limited to,
hazardous wastes, flammable materials, corrosives, explosives,
pesticides, and radioactive materials together with laws relating to
administration, enforcement, and emergency response. The compilation
shall reflect the amendments, additions, and deletions enacted each
year.
(b) The department may contract with the Legislative Counsel to
prepare the compilation of laws required by subdivision (a) and with
the Department of General Services to print and distribute the
compilation. Copies of the compilation shall be distributed at cost.
(c) During the 1985-86 fiscal year, the department shall absorb
the costs of preparing the compilation from existing appropriations.
It is the intent of the Legislature, commencing with the 1986-87
fiscal year, to appropriate revenues received from the distribution
of the compilation to the department for carrying out the purposes of
this section.
SEC. 301.3. Section 100450 of the Health and Safety Code is
amended to read:
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 department 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
department 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 that
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.
SEC. 301.4. Section 100700 of the Health and Safety Code is
amended to read:
100700. The department shall adopt and publish 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.
SEC. 301.5. Section 100725 of the Health and Safety Code is
amended to read:
100725. On or after January 1, 1971, the department shall enforce
this chapter and regulations adopted by the department.
SEC. 301.6. Section 100865 of the Health and Safety Code is
amended to read:
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, or 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.
SEC. 301.7. Section 100880 of the Health and Safety Code is
amended to read:
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) for each day the violation continues beyond the date
specified for correction in the citation.
SEC. 301.8. An Article 4 heading is added to Chapter 4 of Part 1
of Division 101 of the Health and Safety Code, immediately following
Section 100920, to read:
Article 4. Freestanding Cardiac Catheterization Laboratories
SEC. 301.9. Section 101095 of the Health and Safety Code is
amended to read:
101095. Any person failing or refusing to furnish technical,
toxicological, or other information required pursuant to Section
101085, or falsifying any information provided pursuant to Section
101085 is guilty of a misdemeanor and is also subject to any other
criminal or civil penalties provided by statute.
SEC. 302. Section 101140 of the Health and Safety Code is amended
to read:
101140. The dentist or dental hygienist shall attend to 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.
SEC. 302.1. Article 5 (commencing with Section 101150) is added to
Chapter 2 of Part 3 of Division 101 of the Health and Safety Code,
to read:
Article 5. Municipal and County Laboratories
101150. For the purpose of protecting the community and the
public health, the local health department of a city or county shall
have available the services of a public health laboratory for the
examination of specimens from suspected cases of infectious and
environmental diseases, that may include, but need not be limited to,
the examination of specimens from milk, milk products, waters, food
products, vectors, and the environment. The public health laboratory
shall also provide the analyses required to assist in community
disease surveillance and to meet the responsibilities and support the
programs of the local health department.
101155. The cost of establishment and maintenance of the public
health 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 to protect public health.
101160. Any city or county public health laboratory established
for the purposes set forth in this chapter shall use only equipment
and quality assurance programs and employ only technical personnel
that meet with the approval of the State Department of Health
Services.
101165. Nothing in this article, or any other provision of law,
shall be construed to restrict, limit, or prevent individuals
certified under authority of this part or Article 1 (commencing with
Section 106600) of Chapter 4 of Part 1 of Division 104 from
performing their duties for the protection of the public health.
SEC. 302.2. Section 101185 of the Health and Safety Code is
amended to read:
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) A local health department serving one or more counties that
shall provide services to all cities whose population is less than
50,000 in addition to the unincorporated territory of the county or
counties.
(b) 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.
(c) 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, as provided by existing statutes.
(d) 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.
SEC. 302.3. Section 101225 of the Health and Safety Code is
amended to read:
101225. Provisional approval may be given by the department to a
county health department that meets minimum standards as specified in
this chapter, 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.
SEC. 302.4. Section 101275 of the Health and Safety Code is
amended to read:
101275. Notwithstanding Section 101260, a county board of
supervisors 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 health department. The county 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 health department.
SEC. 302.5. Section 101280 of the Health and Safety Code is
amended to read:
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 health
officer or county health department pertaining to environmental
health and sanitation services and programs transferred by the board
of supervisors, 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 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 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.
SEC. 302.6. Section 101300 of the Health and Safety Code is
amended to read:
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) 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.
(3) 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.
SEC. 302.7. Section 101310 of the Health and Safety Code is
amended to read:
101310. In the event a health emergency is declared by the board
of supervisors in a county, 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 during the state of emergency.
SEC. 302.8. Section 101325 of the Health and Safety Code is
amended to read:
101325. Whenever the governing body of any city or county
determines that the expenses of the local 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
officer or department relating to public health.
SEC. 303. Section 101405 of the Health and Safety Code is amended
to read:
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 city health
officers by law.
SEC. 303.1. Section 101425 of the Health and Safety Code is
amended to read:
101425. The board of supervisors or the governing body of any
city may contract with the county superintendent of schools or with
the governing board of any school district located wholly or
partially in the county or city 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 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 or city treasurer.
SEC. 303.2. Section 101460 of the Health and Safety Code is
amended to read:
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 to exercise the same powers
and duties within the city, as are conferred upon city health
officers by law.
SEC. 303.3. Article 5 (commencing with Section 101480) is added to
Chapter 4 of Part 2 of Division 101 of the Health and Safety Code,
to read:
Article 5. Released Waste
101480. (a) For purposes of this article, the following
definitions apply:
(1) "Local officer" means a county health officer, city health
officer, or county director of environmental health.
(2) "Person" has the same meaning as set forth in Section 25118.
(3) "Release" has the same meaning as set forth in Section 25320.
(4) "Remedial action" means any action taken by a responsible
party to clean up a released waste, to abate the effects of a
released waste, or to prevent, minimize, or mitigate damages that may
result from the release of a waste. "Remedial action" includes the
restoration, rehabilitation, or replacement of any natural resource
damaged or lost as a result of the release of a waste.
(5) "Responsible party" means a person who, pursuant to this
section, requests the local officer to supervise remedial action with
respect to a released waste.
(6) "Waste" has the same meaning as set forth in subdivision (b)
of Section 101075.
(b) Whenever a release of waste occurs and remedial action is
required, the responsible party for the release may request the local
officer to supervise the remedial action. The local officer may
agree to supervise the remedial action if he or she determines, based
on available information, that adequate staff resources and the
requisite technical expertise and capabilities are available to
adequately supervise the remedial action.
(c) Remedial action carried out under this section shall be
carried out only pursuant to a remedial action agreement entered into
by the local officer and the responsible party. The remedial action
agreement shall specify the testing, monitoring, and analysis the
responsible party will carry out to determine the type and extent of
the contamination caused by the released waste that is the subject of
the remedial action, the remedial actions that will be taken, and
the cleanup goals that the local officer determines are necessary to
protect human health or safety or the environment, and that, if met,
constitute a permanent remedy to the release of the waste.
(d) A local officer who enters into a remedial action agreement,
as described in subdivision (c), may, after giving the responsible
party adequate notice, withdraw from the agreement at any time after
making one of the following findings:
(1) The responsible party is not in compliance with the remedial
action agreement.
(2) Appropriate staff resources, technical expertise, or technical
capabilities are not available to adequately supervise the remedial
action.
(3) The release of the waste that is the subject of the remedial
action is of a sufficiently complex nature or may present such a
significant potential hazard to human health or the environment that
it should be referred to the Department of Toxic Substances Control
or a California regional water quality control board.
(e) After determining that a responsible party has completed the
actions required by the remedial action agreement and that a
permanent remedy for the release of waste has been achieved, the
local officer may provide the responsible party with a letter or
other document that describes the release of waste that occurred and
the remedial action taken, and certifies that the cleanup goals
embodied in the remedial action agreement were accomplished.
101483. This article shall not apply to any of the following:
(a) A hazardous substance release site listed pursuant to Section
25356, a site subject to an order or enforceable agreement issued
pursuant to Section 25355.5 or 25358.3, or a site where the
Department of Toxic Substances Control has initiated action pursuant
to Section 25355.
(b) A site subject to a corrective action order issued pursuant to
Section 25187 or 25187.7.
(c) A site subject to a cleanup and abatement order issued
pursuant to Section 13304 of the Water Code.
(d) A facility that is subject to the requirements of Section
25200.10 or 25200.14.
101485. Nothing in this article shall be construed as prohibiting
the Department of Toxic Substances Control from assuming
jurisdiction over a release pursuant to Chapter 6.8 (commencing with
Section 25300) of Division 20, or a California regional water quality
control board, or the State Water Resources Control Board from
taking enforcement action against a release pursuant to Division 7
(commencing with Section 13000) of the Water Code.
101487. A local officer shall provide written notification to the
Department of Toxic Substances Control and the appropriate
California regional water quality control board at least 10 working
days prior to entering into a remedial action agreement with a
responsible party pursuant to subdivision (c) of Section 101480. The
written notification shall include all of the following:
(a) The name and address of the responsible party.
(b) The name and address of the site owner.
(c) The address and location of the site to which the remedial
action agreement will apply.
(d) A description of any known or planned local, state, or federal
regulatory involvement at the site.
101490. A local officer may charge the responsible party a fee to
recover the reasonable and necessary costs incurred in carrying out
this article.
SEC. 303.4. Section 101500 of the Health and Safety Code is
repealed.
SEC. 303.5. Section 101565 is added to the Health and Safety Code,
to read:
101565. Notwithstanding any other provision of law, the board of
directors of the authority, members of its community advisory board,
members of its professional advisory board, and members of committees
of those boards, shall be deemed members of a peer review committee
within the meaning of Section 43.7 of the Civil Code.
SEC. 303.6. Section 101625 of the Health and Safety Code is
amended to read:
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 borne 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, and
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 former Division 1 (commencing with Section 1).
SEC. 303.7. A Part 5 heading is added to Division 101 of,
immediately preceding Section 101800, the Health and Safety Code, to
read:
PART 5. OTHER
SEC. 303.8. The heading of Chapter 4 (commencing with Section
101800) of Part 4 of Division 101 of the Health and Safety Code is
amended and renumbered to read:
CHAPTER 1. VOLUNTARY HEALTH FACILITY PHILANTHROPIC SUPPORT ACT
SEC. 303.9. Section 101800 of the Health and Safety Code is
amended to read:
101800. This chapter shall be known and may be cited as the
Voluntary Health Facility and Clinic Philanthropic Support Act.
SEC. 304. Section 101805 of the Health and Safety Code is amended
to read:
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 that 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, that, 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 the 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 that, 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.
SEC. 304.1. Section 101815 of the Health and Safety Code is
amended to read:
101815. For purposes of any state law, whether enacted before or
on or after January 1, 1980, that 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 a grant or gift, that 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 that is made by a governmental
entity and that 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 that
it acquired through a gift or grant, and that 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 that 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 the third party for the financing of the capital
improvement.
(f) Funds used to defray the expense of fundraising.
SEC. 304.2. Section 101820 of the Health and Safety Code is
amended to read:
101820. No state law shall be construed to discourage
philanthropic support of health facilities and clinics, or to
otherwise hinder the use of this support for purposes determined by
the recipients to be in the best interests of the physicians and
patients it serves.
However, in enacting this chapter 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 that may be enacted in the future.
SEC. 304.3. Section 102310 of the Health and Safety Code is
amended to read:
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 shall require any further
information to be furnished as may be necessary to make the record
satisfactory before acceptance for registration.
SEC. 304.4. Section 102585 of the Health and Safety Code is
amended to read:
102585. For births that are being registered under this chapter
there shall be required documentary evidence and affidavits pursuant
to one of the following:
(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.
SEC. 304.45. Section 102960 of the Health and Safety Code is
amended to read:
102960. A funeral director, or if there is no funeral director,
the person acting in lieu thereof, shall obtain the required
information other than medical and health section data from the
person or source best qualified to supply this information.
SEC. 304.5. Section 103175 of the Health and Safety Code is
amended to read:
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 clergyperson, 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.
SEC. 304.6. Section 104420 of the Health and Safety Code, as
amended by Chapter 199 of the Statutes of 1996, is amended to read:
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 antismoking resources, including local
antismoking 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 than 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, 1996,
shall not be eligible to apply for funds from the Cigarette and
Tobacco Products Surtax Fund in the 1996-97 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).
SEC. 304.7. Section 104580 of the Health and Safety Code is
amended to read:
104580. The Legislature declares that the purposes of this
article are to determine the availability and types of nutrition
monitoring information that are 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 periodicity 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.
SEC. 305. Section 105250 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
105250. (a) A program is hereby established within the department
to meet the requirements of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X
of the Housing and Community Development Act of 1992 (P.L. 102-550).
(b) The department shall implement and administer the program.
The department shall have powers and authority consistent with the
intent of, and shall adopt regulations to establish the program as an
authorized state program pursuant to, Title IV, Sections 402 to 404,
inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601
and following).
(c) Regulations regarding accreditation of training providers that
are adopted pursuant to subdivision (b) shall include, but not be
limited to, provisions governing accreditation of providers of health
and safety training to employees who engage in or supervise
lead-related construction work as defined in Section 6716 of the
Labor Code, and certification of employees who have successfully
completed that training. Regulations regarding accreditation of
training providers shall, as a condition of accreditation, require
providers to offer training that meets the requirements of Section
6717 of the Labor Code. The department shall, not later than August
1, 1994, adopt regulations establishing fees for the accreditation of
training providers, the certification of individuals, and the
licensing of entities engaged in lead-related occupations. The fees
imposed under this subdivision shall be established at levels not
exceeding an amount sufficient to cover the costs of administering
and enforcing the standards and regulations adopted under this
section. The fees established pursuant to this subdivision shall not
be imposed on any state or local government or nonprofit training
program.
(d) All regulations affecting the training of employees shall be
adopted in consultation with the Division of Occupational Safety and
Health. The regulations shall include provisions for allocating to
the division an appropriate portion of funds to be expended for the
program for the division's cost of enforcing compliance with training
and certification requirements. The department shall adopt
regulations to establish the program on or before August 1, 1994.
(e) The department shall review and amend its training,
certification, and accreditation regulations adopted under this
section as is necessary to ensure continued eligibility for federal
and state funding of lead-hazard reduction activities in the state.
SEC. 305.5. Section 106690 of the Health and Safety Code is
amended to read:
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 this article are responsible for
assuring that the department has a current mailing address for them.
SEC. 306. Section 106865 is added to the Health and Safety Code,
to read:
106865. It is unlawful for an individual to function as a radon
measurement laboratory, radon testing and consulting specialist, or a
radon mitigation contractor in violation of this article. A
violation of this article is a misdemeanor punishable by a fine of
not more than one thousand dollars ($1,000).
SEC. 306.5. The heading of Chapter 8 (commencing with Section
108800) of Part 3 of Division 104 of the Health and Safety Code is
amended to read:
CHAPTER 8. LABEL REQUIREMENTS
SEC. 307. Section 109277 is added to the Health and Safety Code,
to read:
109277. (a) Every person or entity who owns or operates a health
facility or a clinic, or who is licensed as a physician and surgeon
and rents or owns the premises where his or her practice is located,
shall cause a sign or notice to be posted where a physician and
surgeon performs breast cancer screening or biopsy as an outpatient
service, or in a reasonably proximate area to where breast cancer
screening or biopsy is performed. A sign or notice posted at the
patient registration area of the health facility, clinic, or
physician and surgeon's office shall constitute compliance with this
section.
(b) The sign or notice shall read as follows:
"BE INFORMED"
"If you are a patient being treated for any form of breast cancer,
or prior to performance of a biopsy for breast cancer, your
physician and surgeon is required to provide you a written summary of
alternative efficacious methods of treatment, pursuant to Section
109275 of the California Health and Safety Code." "The information
about methods of treatment was developed by the State Department of
Health Services to inform patients of the advantages, disadvantages,
risks, and descriptions of procedures."
(c) The sign shall be not less than eight and one-half inches by
11 inches and shall be conspicuously displayed so as to be readable.
The words "BE INFORMED" shall not be less than one-half inch in
height and shall be centered on a single line with no other text.
The message on the sign shall appear in English, Spanish, and
Chinese.
SEC. 308. Section 109282 is added to the Health and Safety Code,
to read:
109282. (a) Every person or entity who owns or operates a health
facility or a clinic, or who is licensed as a physician and surgeon
and rents or owns the premises where his or her practice is located,
shall cause a sign or notice to be posted where prostate cancer
screening or treatment is performed by any physician and surgeon, or
in a reasonably proximate area to where prostate cancer screening or
treatment is performed. A sign or notice posted at the patient
registration area of the health facility, clinic, or physician and
surgeon's office shall constitute compliance with this section.
(b) The sign or notice shall read as follows:
"BE INFORMED"
"If you are a patient being treated for any form of prostate
cancer, or prior to performance of a biopsy for prostate cancer, your
physician and surgeon is urged to provide you a written summary of
alternative efficacious methods of treatment, pursuant to Section
109280 of the California Health and Safety Code."
"The information about methods of treatment was developed by the
State Department of Health Services to inform patients of the
advantages, disadvantages, risks, and descriptions of procedures."
(c) The sign shall be not less than eight and one-half inches by
11 inches and shall be conspicuously displayed so as to be readable.
The words "BE INFORMED" shall not be less than one-half inch in
height and shall be centered on a single line with no other text.
The message on the sign shall appear in English, Spanish, and
Chinese.
SEC. 308.3. Section 110185 of the Health and Safety Code is
repealed.
SEC. 308.5. Section 110195 of the Health and Safety Code is
repealed.
SEC. 309. Section 110597 is added to the Health and Safety Code,
to read:
110597. Any food is adulterated if it is wine and any one of the
following conditions exists:
(a) It contains lead in concentrations exceeding 150 parts per
billion, or in excess of a more stringent tolerance as may be
established by federal law or regulation, unless it can be shown by
the producer, or if not produced in California, by the licensed
importer, that the wine was bottled before January 1, 1994.
(b) A metal foil capsule containing lead in excess of 0.3 percent
by dry weight is affixed or attached to its container, unless it can
be shown by the producer, or if not produced in California, by the
licensed importer, that the wine was bottled before January 1, 1994.
(c) Notwithstanding any other rule or principle of law that may
afford a private right of action to bring claims based on alleged
violations of laws or standards, the right to commence and pursue
civil or administrative actions to impose or collect fines,
penalties, damages, or other remedies based on an alleged violation
of the Wine Safety Act established pursuant to Senate Bill 1022 of
the 1993-94 Regular Session shall be vested exclusively in the state,
through the Food and Drug Branch of the State Department of Health
Services and the Office of the Attorney General, and with local
health officers or city attorneys or district attorneys otherwise
empowered to prosecute violations of this division. Retailers of
wine, including, but not limited to, "retailers" as defined in
Section 23023 of the Business and Professions Code, or food
facilities as defined in Section 113785, shall be entitled to all of
the same protections for any violations of the Wine Safety Act
established pursuant to Senate Bill 1022 of the 1993-94 Regular
Session, as are afforded to food dealers pursuant to Chapter 3
(commencing with Section 110245). This subdivision does not apply
to, limit, alter, or restrict any action for personal injury or
wrongful death, or any action based upon a failure to warn.
SEC. 310. Section 110956 is added to the Health and Safety Code,
to read:
110956. (a) All organic food regulations and any amendments to
those regulations adopted pursuant to the Organic Foods Production
Act of 1990 (7 U.S.C. Sec. 6501 et seq.), that are in effect on the
date this bill is enacted or that are adopted after that date shall
be the organic food regulations of this state.
(b) The department may, by regulation, prescribe conditions under
which organic foods may be sold in this state whether or not these
conditions are in accordance with regulations adopted pursuant to the
Organic Foods Production Act of 1990 (7 U.S.C. Sec. 6501 et seq.) if
the director submits these regulations for approval to the federal
Secretary of Agriculture as required by Section 6507 of Title 7 of
the United States Code and the Secretary approves the regulations
pursuant to the federal Organic Foods Production Act.
SEC. 311. Section 110957 is added to the Health and Safety Code,
to read:
110957. It shall be unlawful for a person to represent in
advertising or labeling that the person or the foods of the person
are registered pursuant to this article.
SEC. 312. Section 110958 is added to the Health and Safety Code,
to read:
110958. On or before March 1, 1995, the director shall compile
and publish a summary of information collected under Section 110875,
including the following:
(a) The total number of registrations received under this section.
(b) The total number and quantity of each type of product sold as
organic by all registrants combined.
(c) The total annual organic gross sales volume of all registrants
combined, and the median gross annual organic sales of all
registrants.
(d) The names of all registrants.
(e) The number of registrants in each of the following ranges of
annual gross sales volume:
(1) $0-$5,000
(2) $5,001-$10,000
(3) $10,001-$25,000
(4) $25,001-$50,000
(5) $50,001-$75,000
(6) $75,001-$100,000
(7) $100,001-$125,000
(8) $125,001-$150,000
(9) $150,001-$175,000
(10) $175,001-$200,000
(11) $200,001-$250,000
(12) $250,001-$300,000
(13) $300,001-$400,000
(14) $400,001-$500,000
(15) $500,001-$750,000
(16) $750,001-$1,000,000
(17) $1,000,001-$1,500,000
(18) $1,500,001-$2,000,000
(19) $2,000,001-$2,500,000
(20) $2,500,001-$5,000,000
(21) $5,000,001-$7,500,000
(22) $7,500,001-$10,000,000
(23) $10,000,001-$15,000,000
(24) $15,000,001-$20,000,000
(25) $20,000,001 and above.
(f) The report published pursuant to this section shall present
the required information in an aggregate form that preserves the
confidentiality of the proprietary information of individual
registrants.
SEC. 313. An Article 10 heading is added to Chapter 5 of Part 5 of
Division 104 of, immediately preceding Section 110970, the Health
and Safety Code, to read:
Article 10. Ice
SEC. 314. Section 110970 is added to the Health and Safety Code,
to read:
110970. This article applies only to ice that is intended for
human consumption and is sold in packaged form. This article shall
not apply to persons, hotels, restaurants, caterers, food service
contractors, and theaters that manufacture, sell, or furnish ice
solely to, or for, their customers in a manner that is incidental to
the manufacturing, furnishing, or sale of other goods or services.
This article shall not apply to ice dispensing or vending machines,
except those that dispense or vend packaged ice, or to the icing of
vehicles used to transport food.
SEC. 314.5. Section 111600 of the Health and Safety Code is
repealed.
SEC. 315. Section 111912 is added to the Health and Safety Code,
to read:
111912. Notwithstanding any provision of this part, or any other
provision of law, the department shall have no affirmative obligation
to administer, regulate, or enforce state law relating to organic
foods except Section 110850, relating to the registration of persons
who certify processors of organic foods, and Section 110875, relating
to the registration of processors of organic foods.
SEC. 316. Section 113200 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
113200. As used in this article, 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.
SEC. 317. Section 113270 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
113270. The department shall enforce this article.
SEC. 318. Section 113275 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
113275. The department may make regulations to secure the proper
enforcement of this article, 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.
SEC. 319. Section 113280 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
113280. Any person, firm, corporation, or agent violating any of
the provisions of this article with the exception of Article 4
(commencing with Section 113310), or any rule or regulation issued
pursuant to this article, 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.
SEC. 320. Section 113300 of the Health and Safety Code is
repealed.
SEC. 321. Section 113305 of the Health and Safety Code is
repealed.
SEC. 321.5. Section 113732 is added to the Health and Safety Code,
to read:
113732. All animal byproducts and inedible kitchen grease
disposed of by any food facility, except restaurants, shall be
transported by a renderer licensed under Section 19300 of the Food
and Agricultural Code, or a registered transporter of inedible
kitchen grease, licensed under Section 19310 of the Food and
Agricultural Code. Nothing in this section prevents a food facility
from transporting its own animal byproducts in its own vehicles to a
central collection point. For the purposes of this section, inedible
kitchen grease does not include grease recovered from an
interceptor.
"Restaurant," as used in this section, means any coffeeshop,
cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge,
sandwich stand, soda fountain, private and public school cafeteria or
eating establishment, in-plant or employee eating establishment,
studio facility, dinnerhouse, delicatessen, commissary, hotel or
motel food service operation, and any other eating establishment,
organization, club, including veterans' club, boardinghouse,
guesthouse, or political subdivision, which gives, sells, or offers
for sale, food to the public, guests, patrons, or employees, as well
as kitchens in which food is prepared on the premises for serving
elsewhere, including catering functions.
SEC. 321.7. Section 113923 is added to the Health and Safety Code,
to read:
113923. Any person operating a food facility or conducting any
itinerant food vending shall obtain all necessary permits to conduct
business, including, but not limited to, a public health permit. In
addition to the penalties prescribed under Article 4 (commencing with
Section 113925), violators shall be subject to closure of the
facility and a penalty not to exceed three times the cost of the
public health permit.
SEC. 322. Section 114360 of the Health and Safety Code is amended
and renumbered to read:
114355. (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.
SEC. 323. Section 114360 is added to the Health and Safety Code,
immediately preceeding Section 114361 as added by Section 111, to
read:
114360. Under the controls and conditions specified in this
article, a satellite food distribution facility as defined in
subdivision (b) of Section 113880 may do any of the following:
(a) Hold, portion, and dispense any foods that are prepared or
prepackaged by the on-site food establishment or prepackaged by
another approved source.
(b) Prepare foods other than potentially hazardous foods, remove
the packaging of foods described in subdivision (a), prepare hot
dogs, and coat ice cream bars with chocolate and nuts, if all food
preparation and handling is within a compartment complying with
subdivision (a) of Section 114275.
(c) Add condiments, sauces, garnishes, and similar accompaniments
to foods at the time of sale, regardless of whether the
accompaniments are potentially hazardous foods.
(d) Bake potatoes in enclosed ovens.
SEC. 324. Section 114361 is added to the Health and Safety Code,
immediately preceding 114362 as amended and renumbered by Section
100, to read:
114361. During periods of inoperation, a satellite food
distribution facility as defined in subdivision (b) of Section 113880
may store foods, other than potentially hazardous foods, except
prepackaged frozen potentially hazardous foods, in lockable food
storage compartments or containers if all of the following conditions
are met:
(a) The food is adequately protected at all times from
contamination, exposure to the elements, ingress of rodents and other
pests, and temperature abuse.
(b) The compartments or container have been approved by the
enforcement officer.
SEC. 325. Section 114363 of the Health and Safety Code is amended
and renumbered, immediately preceding Section 114360 as added by
Section 110, to read:
114358. This article governs general sanitation requirements for
satellite food distribution facilities as defined in this chapter.
SEC. 326. Section 114364 is added, immediately following Section
114363 as amended and renumbered by Section 101, to the Health and
Safety Code, to read:
114364. A satellite food distribution facility as defined in
subdivision (b) of Section 113880 is exempt from Section 114030 if it
is designed and operated with overhead protection, sneeze-guards and
food container covers to assure that unpackaged food complies with
Section 113980. The satellite food distribution facility shall be
designed and operated so as to prevent contamination of food under
normal operating conditions with regard to employee sanitation, and
minimize exposure to airborne contaminants, birds, pests, leaves,
rain, condensation, and customer contact. The operator shall
immediately cease food preparation, holding, portioning, and
dispensing at a satellite food distribution facility if unsanitary
conditions exist whereby the food may become contaminated with filth
or otherwise be rendered unwholesome.
SEC. 327. Section 114365 of the Health and Safety Code is amended
and renumbered, immediately following Section 114358 as amended and
renumbered by Section 112, to read:
114359. 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.
SEC. 328. Section 114365 is added to the Health and Safety Code,
immediately following Section 114364 as added by Section 113, to
read:
114365. A satellite food distribution facility as defined in
subdivision (b) of Section 113880 may be moved, operated, or stored
at any location within the perimeter. If the facility is to be
stored, all food shall be removed and the facility shall be
appropriately cleaned prior to storage. While stored, the facility
shall be protected from contamination, tampering, and weather. Prior
to reuse, it shall be recleaned and sanitized.
SEC. 329. Section 114366 is added to the Health and Safety Code,
to read:
114366. A satellite food distribution facility as defined in
subdivision (b) of Section 113880 shall do all of the following:
(a) If unpackaged potentially hazardous food is held, portioned,
or dispensed, have a two-compartment sink with integral drainboards
with hot and cold water for cleaning and sanitizing multiuse
utensils, when multiuse utensils are used.
(b) If there is a likelihood that employees may contact unpackaged
food or food contact surfaces, have a handwashing sink and supplies
as specified for vehicles in subdivision (b) of Section 114275.
(c) If water is required for hand and utensil washing, the
facility shall be connected to an approved potable water supply and
sewer pursuant to Section 114100.
(d) If electricity is required for mechanical refrigeration or the
operation of lights and equipment, the facility shall be connected
to an approved power supply.
(e) Provide adequate lighting pursuant to Section 114170.
(f) If applicable, have equipment pursuant to Section 114065.
SEC. 330. Article 20 (commencing with Section 114460) is added to
Chapter 4 of Part 7 of Division 104 of the Health and Safety Code, to
read:
Article 20. Child Day Care Facilities, Community Care
Facilities, and Residential Care Facilities for the Elderly
114460. (a) The Legislature finds and declares that under a
recent decision by the State Department of Health Services, child day
care facilities, community care facilities, and residential care
facilities for the elderly, have been deemed to come within the
definition of a food establishment as defined in Section 113780. The
Legislature further finds and declares that if this decision is
fully implemented, many of the child day care facilities, community
care facilities, and residential care facilities for the elderly,
would be adversely affected due to the stringent requirements of this
chapter.
(b) It is the intent of the Legislature to temporarily exempt
child day care facilities, community care facilities, and residential
care facilities for the elderly from the requirements of this
chapter, pending the enactment of separate statutory provisions for
these facilities that would contain health and safety standards
appropriate to these facilities.
114465. For purposes
of this article, the following definitions shall apply:
(a) "Child day care facilities" shall have the same meaning as
defined in Section 1596.750.
(b) "Community care facilities" shall have the same meaning as
defined in Section 1502.
(c) "Residential care facilities for the elderly" shall have the
same meaning as defined in Section 1569.2.
114470. Child day care facilities, community care facilities, and
residential care facilities for the elderly shall not be deemed to
be either food establishments, as defined in Section 113780, or food
facilities, as defined in Section 113785, and, therefore, shall be
exempt from this chapter.
114475. (a) The State Department of Social Services, in
cooperation with the State Department of Health Services, shall
develop proposed food preparation provisions for child day care
facilities, community care facilities, and residential care
facilities for the elderly that would carry out the intent of this
chapter to ensure the health and safety of individuals and also that
would not adversely affect those facilities that are safely operated.
In developing proposed food preparation provisions for child day
care facilities, the State Department of Social Services shall
consult with the State Department of Education.
(b) The State Department of Social Services shall submit a
recommendation of the proposed food preparation provisions to the
Legislature no later than January 1, 1991.
(c) It is the intent of the Legislature to consider the
recommended proposed food preparation provisions in the adoption of
food preparation statutory requirements for child day care
facilities, community care facilities, and residential care
facilities for the elderly.
SEC. 331. The heading of Chapter 4 (commencing with Section
114650) of Part 9 of Division 104 of the Health and Safety Code is
amended to read:
CHAPTER 4. RADIATION PROTECTION ACT OF 1993
SEC. 332. Article 4 (commencing with Section 114675) of Chapter 4
of Part 9 of Division 104 of the Health and Safety Code is repealed.
SEC. 333. Article 4 (commencing with Section 114675) is added to
Chapter 4 of Part 9 of Division 104 of the Health and Safety Code, to
read:
Article 4. Local Jurisdictions
114675. The Legislature finds and declares that Article 10
(commencing with Section 8610) of Chapter 8 of Title 2 of Division 1
of the Government Code authorizes local governments to create
disaster councils for emergency planning and response. The local
governmental entities control their own emergency response
organizations and resources. Local jurisdictions implement
protective measures associated with the plume phase of nuclear
radiation accidents.
114677. Local governments shall perform the following duties and
functions:
(a) Local governments and nuclear facility operators shall develop
and maintain radiological emergency response and preparedness plans
to safeguard safety around a nuclear powerplant.
(b) Responsibilities of local jurisdictions within an emergency
planning zone include, but are not limited to, the following:
(1) Preemergency preparedness includes developing, maintaining,
and enhancing radiological emergency response plans and procedures;
maintaining emergency management organizations and operations and
field response organizations; in conjunction with utilities,
providing public information and education; maintaining essential
communications systems; other preemergency preparedness measures, as
required in accordance with plans and procedures.
(2) Plume phase emergency includes overall management of offsite
plume phase emergency actions; providing available resources for
emergency response; a notifying of emergency workers and the public;
providing emergency public information; making protective action
decisions and taking protective action response, providing public
health support in conjunction with the utility and state, providing
radiologic exposure control; procuring additional resources and
taking other actions needed for emergency response.
(3) Ingestion pathway and recovery phase includes providing
support to the pathway and recovery and reentry actions; providing
local input into ingestion pathway and recovery decisions, continuing
emergency public information in conjunction with state and federal
organizations; providing support for security of evacuated areas.
(4) The Interjurisdictional Planning Committee shall identify a
discussion leader to facilitate protective action decisions during a
nuclear powerplant emergency at the San Onofre Nuclear Generation
Station.
(5) A jurisdiction within an emergency planning zone may request
services from a jurisdiction outside the emergency planning zone that
are necessary to support an evacuated emergency planning zone
population. Services requested by a jurisdiction within the
emergency planning zone may include, but are not limited to, public
information, congregate care, traffic management, radiological
monitoring or decontamination of evacuees, and interjurisdictional
coordination.
SEC. 334. Article 5 (commencing with Section 114680) is added to
Chapter 4 of Part 9 of Division 104 of the Health and Safety Code, to
read:
Article 5. Responsibilities of Entities Providing Utilities
114680. Entities providing utilities shall perform the following
duties and functions:
(a) Any public or private utility that operates a nuclear
generating facility shall have a response organization that can be
integrated with federal, state, and local jurisdiction emergency
response resources during a radiological accident.
(b) Nuclear utilities shall have the primary responsibility for
planning and implementing emergency measures within their facility
boundaries and for accident assessment, including evaluation of any
potential risk to the public health and safety, and preparation of
appropriate protective action recommendations for the consideration
of the responsible offsite decisionmakers.
(c) The utilities shall also provide information to the
appropriate state and local agencies in support of their independent
assessment of offsite radiological conditions relevant to protective
action decisions.
(d) Utilities are bound by federal regulation to share
responsibility for nuclear powerplant emergency response planning,
training, drills and exercises, and public education information with
appropriate state and local jurisdictions.
SEC. 335. Article 6 (commencing with Section 114690) of Chapter 4
of Part 9 of Division 104 of the Health and Safety Code is repealed.
SEC. 336. Article 6 (commencing with Section 114685) is added to
Chapter 4 of Part 9 of Division 104 of the Health and Safety Code, to
read:
Article 6. Responsibilities of Other Agencies
114685. (a) The Department of Transportation shall include within
its criteria for funding, repair, and construction projects, the
need for adequate emergency evacuation routes.
(b) 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.
(c) State and local law enforcement agencies shall ensure that
traffic flow plans take into consideration that some evacuation
routes may be impassible under certain weather conditions and should
have plans for designating alternative routes.
(d) State law enforcement agencies shall ensure that officers who
may be needed to respond during a nuclear powerplant emergency
receive the necessary training, including refresher courses at least
once per year.
SEC. 336.5. Section 114770 of the Health and Safety Code is
repealed.
SEC. 337. Section 115091 is added to the Health and Safety Code,
to read:
115091. The department shall require a licensee or an applicant
for a license pursuant to Section 115060 to receive, possess, or
transfer radioactive materials, or devices or equipment utilizing
radioactive materials, to provide a financial surety to ensure
performance of its obligations under this chapter. The department
shall establish, by regulation, the amount and type of financial
surety that is required to be provided in order to provide for
maximum protection of the public health and safety and the
environment. The financial surety shall be in the form of surety
bonds, deposits of government securities, escrow accounts, lines of
credit, trust funds, credit insurance, or any other equivalent
financial surety arrangement acceptable to the department. The
department shall adopt the regulations in accordance with, but not
limited to, the following criteria:
(a) Consideration of the need for, and scope of, any
decontamination, decommissioning, reclamation, or disposal activities
required to protect the public health and safety and the
environment.
(b) Estimates of the costs of the required decontamination,
decommissioning, reclamation, or disposal.
(c) The costs of long-term maintenance and surveillance, if
required.
(d) Consideration of the appropriateness of specific requirements
imposed in the financial assurance regulations adopted by the Nuclear
Regulatory Commission, including, but not limited to, the minimum
levels of financial assurance required to be provided by different
categories of facilities, and the categories of facilities which are
exempted from the requirement to provide a financial surety.
SEC. 338. Section 115092 is added to the Health and Safety Code,
to read:
115092. (a) The department shall deposit all money received from
a financial surety provided pursuant to Section 115091 in the
Financial Surety Account, which is hereby created in the Radiation
Control Fund.
(b) Notwithstanding Section 13340 of the Government Code, the
money in the Financial Surety Account is hereby continuously
appropriated to the department for expenditure only for the
decontamination, decommissioning, reclamation, and disposal of
radioactive materials, and for long-term maintenance and surveillance
for the protection of the public health and safety and the
environment, in accordance with subdivision (e), with regard to the
facility or operations of the licensee who provided the financial
surety.
(c) The department may not expend the money in the Financial
Surety Account for normal operating expenses of the department.
(d) The department shall, by regulation, establish a procedure
whereby a licensee may be refunded the amount of the financial surety
provided by the licensee in excess of any amounts expended by the
department and any amounts that are required to be retained to cover
the costs of long-term maintenance and surveillance pursuant to
subdivision (b), with regard to that licensee's facility or
operations. The regulations shall specify that the refund may be
received only after the department has determined that the licensee
has fully satisfied all of its obligations under its license, and all
other obligations which the regulations require to be satisfied
before the licensee may receive a refund.
(e) If the department finds that a radioactive materials licensee
is unable to, or is unwilling to, conduct any decontamination,
decommissioning, reclamation, disposal, or long-term maintenance and
surveillance that may be necessary, the department shall issue an
order directing any action and corrective measures it finds necessary
to protect the public health and safety and the environment. The
department may undertake, or contract for the undertaking of, any
actions or corrective measures which the licensee fails to
satisfactorily complete, and may expend the amount of the financial
surety provided by the licensee to pay the costs of those actions and
corrective measures.
SEC. 339. Section 115093 is added to the Health and Safety Code,
to read:
115093. (a) The department shall require, as a condition of
issuing a license to receive, possess, or transfer radioactive
materials, or devices or equipment utilizing radioactive materials,
that the licensee take corrective action with regard to all
contamination that results from the handling, use, storage, or
transportation of radioactive materials at the licensee's facility
regardless of when the contamination commenced at the facility.
(b) Any corrective action required pursuant to this section shall
require that corrective action be taken beyond the facility boundary
if necessary to protect human health and safety or the environment,
unless the licensee demonstrates to the satisfaction of the
department that, despite the licensee's best efforts, the licensee is
unable to obtain the necessary permission to undertake the
corrective action.
(c) When corrective action cannot be completed prior to issuance
of the license, the license shall contain schedules of compliance for
corrective action and assurances of financial responsibility for
completing the corrective action.
SEC. 340. Part 9.5 (commencing with Section 115700) is added to
Division 104, immediately following Section 115295, of the Health and
Safety Code, to read:
PART 9.5. 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, groundwater
recharge, drainage, or groundwater level control, heating or cooling,
cathodic protection, groundwater 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 groundwater 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 groundwater
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 part, is guilty
of a misdemeanor.
115720. This part 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.
SEC. 341. Article 1 (commencing with Section 115700) of Chapter 4
of Part 10 of Division 104 is repealed.
SEC. 342. The heading of Chapter 4 of Part 10 of Division 104 of
the Health and Safety Code is amended to read:
CHAPTER 4. SAFE RECREATIONAL LAND USE
SEC. 343. The heading of Article 2 (commencing with Section
115725) of Chapter 4 of Part 10 of Division 104 of the Health and
Safety Code is amended to read:
Article 1. Playgrounds
SEC. 344. The heading of Article 3 (commencing with Section
115775) of Chapter 4 of Part 10 of Division 104 of the Health and
Safety Code is amended to read:
Article 2. Wooden Playground Equipment
SEC. 345. Section 116335 of the Health and Safety Code is
repealed.
SEC. 346. Section 116379 is added to the Health and Safety Code,
to read:
116379. Notwithstanding Sections 116360, 116375, and 116450,
public water systems are not required to observe the standards of
subdivision (f) of Section 64435 of Title 22 of the California Code
of Regulations.
SEC. 347. Section 117657 is added to the Health and Safety Code,
to read:
117657. "Fund" means the Medical Waste Management Fund created
pursuant to Section 117885.
SEC. 348. Section 117924 is added to the Health and Safety Code,
to read:
117924. On and after January 1, 1994, when the department is the
enforcement agency, except for those small quantity generators
required to be registered pursuant to Section 117925, the department
shall impose and collect an annual medical waste generator fee in the
amount of twenty-five dollars ($25) on small quantity generators of
medical waste.
SEC. 349. Section 118027 is added to the Health and Safety Code,
to read:
118027. Any person who is authorized to collect solid waste, as
defined in Section 40191 of the Public Resources Code, who
unknowingly transports medical waste to a solid waste facility, as
defined in Section 40194 of the Public Resources Code, incidental to
the collection of solid waste is exempt from this chapter with regard
to that waste.
SEC. 350. Section 118029 is added to the Health and Safety Code,
to read:
118029. (a) On or before September 1, 1993, and each year
thereafter on or before July 1, a registered hazardous waste
transporter which transports medical waste shall so notify the
department, and provide the following information:
(1) Business name, address, and telephone number.
(2) Name of owner, operator, and contact person.
(3) Hazardous waste transporter registration number.
(4) Vehicle manufacturer name, vehicle model year, vehicle
identification number, and the license plate number of each vehicle
transporting medical waste.
(b) For transporters that begin transporting medical waste after
September 1, 1993, notification to the department, and provision of
the information required by subdivision (a) shall be provided to the
department prior to transporting medical waste.
(c) On or before September 1, 1993, each registered hazardous
waste transporter, and each provider of medical waste mail back
systems, as defined in subdivision (b) of Section 118245, shall
provide to the department a list of all medical waste generators
serviced by that person during the previous 12 months. That list
shall include the business name, business address, mailing address,
telephone number, and other information as required by the department
to collect annual fees pursuant to Section 117924. When the
transportation of registered hazardous waste by a medical waste
transporter or the provision of a medical waste mail back system
begins after September 1, 1993, the initial list shall be provided to
the department within 10 days of the close of the earliest calendar
quarter ending September 30, December 31, March 31, or June 30, or as
otherwise required by the department.
(d) Subsequent to providing the initial list pursuant to
subdivision(c), registered hazardous waste transporters and providers
of medical waste mail back systems shall submit to the department
any changes made to the most recent list every three months, within
10 days of the close of the calendar quarters ending September 30,
December 31, March 31, and June 30, or as otherwise required by the
department.
SEC. 350.5. Section 120250 of the Health and Safety Code is
amended to read:
120250. All physicians, nurses, clergymen, attendants, owners,
proprietors, managers, employees, and persons living with, 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.
SEC. 350.6. Section 120295 of the Health and Safety Code is
amended to read:
120295. Any person who violates Section 120130 or any section in
Chapter 3 (commencing with Section 120175, but excluding Section
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.
SEC. 350.7. The heading of Chapter 3 (commencing with Section
120750) of Part 3 of Division 105 of the Health and Safety Code is
amended to read:
CHAPTER 3. INFORMATION ON VENEREAL DISEASE MATERIALS
SEC. 351.5. Section 121575 of the Health and Safety Code is
amended to read:
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 this chapter.
SEC. 351.7. Section 123227 of the Health and Safety Code, as
amended by Chapter 197 of the Statutes of 1996, is amended and
renumbered, immediately following the Chapter 6 heading, to read:
124250. (a) The following definitions shall apply for purposes of
this section:
(1) "Domestic violence" means the infliction or threat of physical
harm against past or present adult or adolescent female intimate
partners, and shall include physical, sexual, and psychological abuse
against the woman, and is a part of a pattern of assaultive,
coercive, and controlling behaviors directed at achieving compliance
from or control over, that woman.
(2) "Shelter-based" means an established system of services where
battered women and their children may be provided safe or
confidential emergency housing on a 24-hour basis, including, but not
limited to, hotel or motel arrangements, haven, and safe houses.
(3) "Emergency shelter" means a confidential or safe location that
provides emergency housing on a 24-hour basis for battered women and
their children.
(b) 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.
(c) The Maternal and Child Health Branch shall administer grants,
awarded as the result of a request for application process, to
battered women's shelters that propose to maintain shelters or
services previously granted funding pursuant to this section, 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 and their children.
(d) 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, 1998. 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.
(e) 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.
(f) (1) The Maternal and Child Health Branch of the State
Department of Health Services shall administer grants, awarded as the
result of a request for application process, to agencies to conduct
demonstration projects to serve battered women, including, but not
limited to, creative and innovative service approaches, such as
community response teams and pilot projects to develop new
interventions emphasizing prevention and education, and other support
projects identified by the advisory council.
(2) For purposes of this subdivision, "agency" means a state
agency, a local government, a community-based organization, or a
nonprofit organization.
(g) It is the intent of the Legislature that services funded by
this program include services in underserved and ethnic and racial
communities. Therefore, the Maternal and Child Health Branch of the
State Department of Health Services shall do all of the following:
(1) Fund shelters pursuant to this section that reflect the
ethnic, racial, economic, cultural, and geographic diversity of the
state.
(2) Target geographic areas and ethnic and racial communities of
the state whereby, based on a needs assessment, it is determined that
no shelter-based services exist or that additional resources are
necessary.
(h) The director may award additional grants to shelter-based
agencies when it is determined that there exists a critical need for
shelter or shelter-based services.
(i) As a condition of receiving funding pursuant to this section,
battered women's shelters shall do all of the following:
(1) Provide matching funds or in-kind contributions equivalent to
not less than 20 percent of the grant they would receive. The
matching funds or in-kind contributions may come from other
governmental or private sources.
(2) Ensure that appropriate staff and volunteers having client
contact meet the definition of "domestic violence counselor" as
specified in subdivision (a) of Section 1037.1 of the Evidence Code.
The minimum training specified in paragraph (2) of subdivision (a)
of Section 1037.1 of the Evidence Code shall be provided to those
staff and volunteers who do not meet the requirements of paragraph
(1) of subdivision (a) of Section 1037.1 of the Evidence Code.
SEC. 352. Section 123400 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
123400. This article shall be known and may be cited as the
Therapeutic Abortion Act.
SEC. 352.1. A Chapter 6 heading is added to Part 2 of Division 106
of the Health and Safety Code, immediately following the Chapter 5
heading, to read:
CHAPTER 6. DOMESTIC VIOLENCE
SEC. 352.3. Section 127015 of the Health and Safety Code is
amended to read:
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, Section 127050; Chapter 10 (commencing with Section 1770)
of Division 2; and Section 13113.
SEC. 352.4. Section 127020 of the Health and Safety Code is
amended to read:
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 July 1, 1978, shall
remain in effect and shall be fully enforceable unless and until
readopted, amended, or repealed by the office.
SEC. 352.5. Section 127040 of the Health and Safety Code is
amended to read:
127040. All officers or employees of the office employed after
July 1, 1978, shall be appointed by the director of the office.
SEC. 352.6. Section 127045 of the Health and Safety Code is
amended to read:
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
chapter, 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.
SEC. 353. Article 2 (commencing with Section 127340) is added to
Chapter 2 of Part 2 of Division 107 of the Health and Safety Code, to
read:
Article 2. Hospitals: Community Benefits
127340. The Legislature finds and declares all of the following:
(a) Private not-for-profit hospitals meet certain needs of their
communities through the provision of essential health care and other
services. Public recognition of their unique status has led to
favorable tax treatment by the government. In exchange, nonprofit
hospitals assume a social obligation to provide community benefits in
the public interest.
(b) Hospitals and the environment in which they operate have
undergone dramatic changes. The pace of change will accelerate in
response to health care reform. In light of this, significant public
benefit would be derived if private not-for-profit hospitals
reviewed and reaffirmed periodically their commitment to assist in
meeting their communities' health care needs by identifying and
documenting benefits provided to the communities which they serve.
(c) California's private not-for-profit hospitals provide a wide
range of benefits to their communities in addition to those reflected
in the financial data reported to the state.
(d) Unreported community benefits that are often provided but not
otherwise reported include, but are not limited to, all of the
following:
(1) Community-oriented wellness and health promotion.
(2) Prevention services, including, but not limited to, health
screening, immunizations, school examinations, and disease counseling
and education.
(3) Adult day care.
(4) Child care.
(5) Medical research.
(6) Medical education.
(7) Nursing and other professional training.
(8) Home-delivered meals to the homebound.
(9) Sponsorship of free food, shelter, and clothing to the
homeless.
(10) Outreach clinics in socioeconomically depressed areas.
(e) Direct provision of goods and services, as well as preventive
programs, should be emphasized by hospitals in the development of
community benefit plans.
127345. As used in this article, the following terms have the
following meanings:
(a) "Community benefits plan" means the written document prepared
for annual submission to the Office of Statewide Health Planning and
Development that shall include, but shall not be limited to, a
description of the activities that the hospital has undertaken in
order to address identified community needs within its mission and
financial capacity, and the process by which the hospital developed
the plan in consultation with the community.
(b) "Community" means the service areas or patient populations for
which the hospital provides health care services.
(c) Solely for the planning and reporting purposes of this
article, "community benefit" means a hospital's activities that are
intended to address community needs and priorities primarily through
disease prevention and improvement of health status, including, but
not limited to, any of the following:
(1) Health care services, rendered to vulnerable populations,
including, but not limited to, charity care and the unreimbursed cost
of providing services to the uninsured, underinsured, and those
eligible for Medi-Cal, Medicare, California Childrens Services
Program, or county indigent programs.
(2) The unreimbursed cost of services included in subdivision (d)
of Section 127340.
(3) Financial or in-kind support of public health programs.
(4) Donation of funds, property, or other resources that
contribute to a community priority.
(5) Health care cost containment.
(6) Enhancement of access to health care or related services that
contribute to a healthier community.
(7) Services offered without regard to financial return because
they meet a community need in the service area of the hospital, and
other services including health promotion, health education,
prevention, and social services.
(8) Food, shelter, clothing, education, transportation, and other
goods or services that help maintain a person's health.
(d) "Community needs assessment" means the process by which the
hospital identifies, for its primary service area as determined by
the hospital, unmet community needs.
(e) "Community needs" means those requisites for improvement or
maintenance of health status in the community.
(f) "Hospital" means a private not-for-profit acute hospital
licensed under subdivision (a), (b), or (f) of Section 1250 and is
owned by a corporation that has been determined to be exempt from
taxation under the United States Internal Revenue Code. "Hospital"
does not mean any of the following:
(1) Hospitals that are dedicated to serving children and that do
not receive direct payment for services to any patient.
(2) Small and rural hospitals as defined in Section 124840.
(g) "Mission statement" means a hospital's primary objectives for
operation as adopted by its governing body.
(h) "Vulnerable populations" means any population that is exposed
to medical or financial risk by virtue of being uninsured,
underinsured, or eligible for Medi-Cal, Medicare, California
Childrens Services Program, or county indigent programs.
127350. Each hospital shall do all of the following:
(a) By July 1, 1995, reaffirm its mission statement that requires
its policies integrate and reflect the public interest in meeting its
responsibilities as a not-for-profit organization.
(b) By January 1, 1996, complete, either alone, in conjunction
with other health care providers, or through other organizational
arrangements, a community needs assessment evaluating the health
needs of the community serviced by the hospital, that includes, but
is not limited to, a process for consulting with community groups and
local government officials in the identification and prioritization
of community needs that the hospital can address directly, in
collaboration with others, or through other organizational
arrangement. The community needs assessment shall be updated at
least once every three years.
(c) By April 1, 1996, and annually thereafter adopt and update a
community benefits plan for providing community benefits either
alone, in conjunction with other health care providers, or through
other organizational arrangements.
(d) Annually submit its community benefits plan, including, but
not limited to, the activities that the hospital has undertaken in
order to address community needs within its mission and financial
capacity to the Office of Statewide Health Planning and Development.
The hospital shall, to the extent practicable, assign and report the
economic value of community benefits provided in furtherance of its
plan. Effective with hospital fiscal years, beginning on or after
January 1, 1996, each hospital shall file a copy of the plan with the
office not later than 150 days after the hospital's fiscal year
ends. The reports filed by the hospitals shall be made available to
the public by the office. Hospitals under the common control of a
single corporation or another entity may file a consolidated report.
127355. The hospital shall include all of the following elements
in its community benefits plan:
(a) Mechanisms to evaluate the plan's effectiveness including, but
not limited to, a method for soliciting the views of the community
served by the hospital and identification of community groups and
local government officials consulted during the development of the
plan.
(b) Measurable objectives to be achieved within specified
timeframes.
(c) Community benefits categorized into the following framework:
(1) Medical care services.
(2) Other benefits for vulnerable populations.
(3) Other benefits for the broader community.
(4) Health research, education, and training programs.
(5) Nonquantifiable benefits.
127360. Nothing in this article shall be construed to authorize
or require specific formats for hospital needs assessments, community
benefit plans, or reports until recommendations pursuant to Section
127365 are considered and enacted by the Legislature.
Nothing in this article shall be used to justify the tax-exempt
status of a hospital under state law. Nothing in this article shall
preclude the office from requiring hospitals to directly report their
charity activities.
127365. The Office of Statewide Health Planning and Development
shall prepare and submit a report to the Legislature by October 1,
1997, including all of the following:
(a) The identification of all hospitals that did not file plans on
a timely basis.
(b) A statement regarding the most prevalent characteristics of
plans in terms of identifying and emphasizing community needs.
(c) Recommendations for standardization of plan formats, and
recommendations regarding community benefits and community priorities
that should be emphasized. These recommendations shall be developed
after consultation with representatives of the hospitals, local
governments, and communities.
SEC. 354. Section 127580 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
127580. The office, after consultation with the Insurance
Commissioner, the Commissioner of Corporations, the State Director of
Health Services, 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.
SEC. 355. A Chapter 4 heading is added to Part 2 of Division 107
of the Health and Safety Code, immediately following Section 127600,
to read:
CHAPTER 4. RURAL HEALTH
SEC. 356. Article 1 of Chapter 5 of Part 3 of Division 107 of the
Health and Safety Code is repealed.
SEC. 357. Section 127760 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
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, 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.
SEC. 358. Section 127780 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
127780. The office shall maintain the confidentiality of the
information it receives respecting individual licentiates under this
article and shall only release information in a form that cannot be
used to identify individuals.
SEC. 359. Section 128030 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
128030. The office, in cooperation with the California
Postsecondary Education Commission, shall administer the program
established pursuant to this article and shall for this purpose,
adopt regulations as it determines are reasonably necessary to carry
out this article.
SEC. 360. Chapter 4 (commencing with Section 128200) is added to
Part 3 of Division 107 of the Health and Safety Code, to read:
CHAPTER 4. FAMILY PHYSICIAN TRAINING PROGRAMS
Article 1. Song-Brown Family Physician Training Act
128200. (a) This article shall be known and may be cited as the
Song-Brown Family Physician Training Act.
(b) The Legislature hereby finds and declares that physicians
engaged in family practice are in very short supply in California.
The current emphasis placed on specialization in medical education
has resulted in a shortage of physicians trained to provide
comprehensive primary health care to families. The Legislature
hereby declares that it regards the furtherance of a greater supply
of competent family physicians to be a public purpose of great
importance and further declares the establishment of the program
pursuant to this article to be a desirable, necessary and economical
method of increasing the number of family physicians to provide
needed medical services to the people of California. The Legislature
further declares that it is to the benefit of the state to assist in
increasing the number of competent family physicians graduated by
colleges and universities of this state to provide primary health
care services to families within the state.
The Legislature finds that the shortage of family physicians can
be improved by the placing of a higher priority by public and private
medical schools, hospitals, and other health care delivery systems
in this state, on the recruitment and improved training of medical
students and residents to meet the need for family physicians. To
help accomplish this goal, each medical school in California is
encouraged to organize a strong family practice program or
department. It is the intent of the Legislature that the programs or
departments be headed by a physician who possesses specialty
certification in the field of family practice, and has broad clinical
experience in the field of family practice.
The Legislature further finds that encouraging the training of
primary care physician's assistants and primary care nurse
practitioners will assist in making primary health care services more
accessible to the citizenry, and will, in conjunction with the
training of family physicians, lead to an improved health care
delivery system in California.
Community hospitals in general and rural community hospitals in
particular, as well as other health care delivery systems, are
encouraged to develop family practice residencies in affiliation or
association with accredited medical schools, to help meet the need
for family physicians in geographical areas of the state with
recognized family primary health care needs. Utilization of expanded
resources beyond university-based teaching hospitals should be
emphasized, including facilities in rural areas wherever possible.
It is the intent of the Legislature to provide for a program
designed primarily to increase the number of students and residents
receiving quality education and training in the specialty of family
practice and as primary care physician's assistants and primary care
nurse practitioners and to maximize the delivery of primary care
family physician services to specific areas of California where there
is a recognized unmet priority need. This program is intended to be
implemented through contracts with accredited medical schools,
programs that train primary care physician's assistants and programs
that train primary care nurse practitioners, hospitals, and other
health care delivery systems based on per-student or per-resident
capitation formulas. It is further intended by the Legislature that
the programs will be professionally and administratively accountable
so that the maximum cost-effectiveness will be achieved in meeting
the professional training standards and criteria set forth in this
article and Article 2 (commencing with Section 128250).
128205. As used in this article, and Article 2 (commencing with
Section 128250), the following terms mean:
(a) "Family physician" means a primary care physician who is
prepared to and renders continued comprehensive and preventative
health care services to families and who has received specialized
training in an approved family practice residency for three years
after graduation from an accredited medical school.
(b) "Associated" and "affiliated" mean that relationship that
exists by virtue of a formal written agreement between a hospital or
other health care delivery system and an approved medical school
which pertains to the family practice training program for which
state contract funds are sought. This definition shall include
agreements that may be entered into subsequent to October 2, 1973, as
well as those relevant agreements that are in existence prior to
October 2, 1973.
(c) "Commission" means the Health Manpower Policy Commission.
(d) "Programs that train primary care physician's assistants"
means a program that has been approved for the training of primary
care physician assistants pursuant to Section 3513 of the Business
and Professions Code.
(e) "Programs that train primary care nurse practitioners" means a
program that is operated by a California school of medicine or
nursing, or that is authorized by the Regents of the University of
California or by the Trustees of the California State University, or
that is approved by the Board of Registered Nursing.
128210. There is hereby created a state medical contract program
with accredited medical schools, programs that train primary care
physician's assistants, programs that train primary care nurse
practitioners, hospitals, and other health care delivery systems to
increase the number of students and residents receiving quality
education and training in the specialty of family practice and to
maximize the delivery of primary care family physician services to
specific areas of California where there is a recognized unmet
priority need for those services.
128215. There is hereby created a Health Manpower Policy
Commission. The commission shall be composed of 10 members who shall
serve at the pleasure of their appointing authorities:
(a) Eight members appointed by the Governor, as follows:
(1) One representative of the University of California medical
schools, from a nominee or nominees submitted by the University of
California.
(2) One representative of the private medical or osteopathic
schools accredited in California from individuals nominated by each
of these schools.
(3) One representative of practicing family physicians.
(4) One representative who is a practicing osteopathic physician
or surgeon and who is board certified in either general or family
practice.
(5) One representative of undergraduate medical students in a
family practice program or residence in family practice training.
(6) One representative of trainees in a primary care physician's
assistant program or a practicing physician's assistant.
(7) One representative of trainees in a primary care nurse
practitioners program or a practicing nurse practitioner.
(8) One representative of the Office of Statewide Health Planning
and Development, from nominees submitted by the office director.
(b) Two consumer representatives of the public who are not elected
or appointed public officials, one appointed by the Speaker of the
Assembly and one appointed by the Chairperson of the Senate Rules
Committee.
(c) The Chief of the Health Professions Development Program in the
Office of Statewide Health Planning and Development, or the chief's
designee, shall serve as executive secretary for the commission.
128220. The members of the commission, other than state
employees, shall receive compensation of twenty-five dollars ($25)
for each day's attendance at a commission meeting, in addition to
actual and necessary travel expenses incurred in the course of
attendance at a commission meeting.
128225. The commission shall do all of the following:
(a) Identify specific areas of the state where unmet priority
needs for primary care family physicians exist.
(b) Establish standards for family practice training
programs and family practice residency programs, postgraduate
osteopathic medical programs in family practice, and primary care
physician assistants programs and programs that train primary care
nurse practitioners, including appropriate provisions to encourage
family physicians, osteopathic family physicians, primary care
physician's assistants, and primary care nurse practitioners who
receive training in accordance with this article and Article 2
(commencing with Section 128250) to provide needed services in areas
of unmet need within the state. Standards for family practice
residency programs shall provide that all the residency programs
contracted for pursuant to this article and Article 2 (commencing
with Section 128250) shall both meet the Residency Review Committee
on Family Practice's "Essentials" for Residency Training in Family
Practice and be approved by the Residency Review Committee on Family
Practice. Standards for postgraduate osteopathic medical programs in
family practice, as approved by the American Osteopathic Association
Committee on Postdoctoral Training for interns and residents, shall
be established to meet the requirements of this subdivision in order
to ensure that those programs are comparable to the other programs
specified in this subdivision. Every program shall include a
component of training designed for medically underserved
multicultural communities, lower socioeconomic neighborhoods, or
rural communities, and shall be organized to prepare program
graduates for service in those neighborhoods and communities.
Medical schools receiving funds under this article and Article 2
(commencing with Section 128250) shall have programs or departments
that recognize family practice as a major independent specialty.
Existence of a written agreement of affiliation or association
between a hospital and an accredited medical school shall be regarded
by the commission as a favorable factor in considering
recommendations to the director for allocation of funds appropriated
to the state medical contract program established under this article
and Article 2 (commencing with Section 128250).
For purposes of this subdivision, "family practice" includes the
general practice of medicine by osteopathic physicians.
(c) Review and make recommendations to the Director of the Office
of Statewide Health Planning and Development concerning the funding
of family practice programs or departments and family practice
residencies and programs for the training of primary care physician
assistants and primary care nurse practitioners that are submitted to
the Health Professions Development Program for participation in the
contract program established by this article and Article 2
(commencing with Section 128250). If the commission determines that
a program proposal that has been approved for funding or that is the
recipient of funds under this article and Article 2 (commencing with
Section 128250) does not meet the standards established by the
commission, it shall submit to the Director of the Office of
Statewide Health Planning and Development and the Legislature a
report detailing its objections. The commission may request the
Office of Statewide Health Planning and Development to make advance
allocations for program development costs from amounts appropriated
for the purposes of this article and Article 2 (commencing with
Section 128250).
(d) Establish contract criteria and single per-student and
per-resident capitation formulas that shall determine the amounts to
be transferred to institutions receiving contracts for the training
of family practice students and residents and primary care physician'
s assistants and primary care nurse practitioners pursuant to this
article and Article 2 (commencing with Section 128250), except as
otherwise provided in subdivision (e). Institutions applying for or
in receipt of contracts pursuant to this article and Article 2
(commencing with Section 128250) may appeal to the director for
waiver of these single capitation formulas. The director may grant
the waiver in exceptional cases upon a clear showing by the
institution that a waiver is essential to the institution's ability
to provide a program of a quality comparable to those provided by
institutions that have not received waivers, taking into account the
public interest in program cost-effectiveness. Recipients of funds
appropriated by this article and Article 2 (commencing with Section
128250) shall, as a minimum, maintain the level of expenditure for
family practice or primary care physician's assistant or family care
nurse practitioner training that was provided by the recipients
during the 1973-74 fiscal year. Funds appropriated under this
article and Article 2 (commencing with Section 128250) shall be used
to develop new programs or to expand existing programs, and shall not
replace funds supporting current family practice training programs.
Institutions applying for or in receipt of contracts pursuant to
this article and Article 2 (commencing with Section 128250) may
appeal to the director for waiver of this maintenance of effort
provision. The director may grant the waiver if he or she determines
that there is reasonable and proper cause to grant the waiver.
(e) Review and make recommendations to the Director of the Office
of Statewide Health Planning and Development concerning the funding
of special programs that may be funded on other than a capitation
rate basis. These special programs may include the development and
funding of the training of primary health care teams of family
practice residents or family physicians and primary care physician
assistants or primary care nurse practitioners, undergraduate medical
education programs in family practice, and programs that link
training programs and medically underserved communities in California
that appear likely to result in the location and retention of
training program graduates in those communities. These special
programs also may include the development phase of new family
practice residency, primary care physician assistant programs, or
primary care nurse practitioner programs.
The commission shall establish standards and contract criteria for
special programs recommended under this subdivision.
(f) Review and evaluate these programs regarding compliance with
this article and Article 2 (commencing with Section 128250). One
standard for evaluation shall be the number of recipients who, after
completing the program, actually go on to serve in areas of unmet
priority for primary care family physicians in California.
(g) Review and make recommendations to the Director of the Office
of Statewide Health Planning and Development on the awarding of funds
for the purpose of making loan assumption payments for medical
students who contractually agree to enter a primary care specialty
and practice primary care medicine for a minimum of three consecutive
years following completion of a primary care residency training
program pursuant to Article 2 (commencing with Section 128250).
128230. When making recommendations to the Director of the Office
of Statewide Health Planning and Development concerning the funding
of family practice programs or departments, family practice
residencies, and programs for the training of primary care physician
assistants and primary care nurse practitioners, the commission shall
give priority to programs that have demonstrated success in the
following areas:
(a) Actual placement of individuals in medically underserved
areas.
(b) Success in attracting and admitting members of minority groups
to the program.
(c) Success in attracting and admitting individuals who were
former residents of medically underserved areas.
(d) Location of the program in a medically underserved area.
(e) The degree to which the program has agreed to accept
individuals with an obligation to repay loans awarded pursuant to the
Minority Health Professions Education Fund.
128235. Pursuant to this article and Article 2 (commencing with
Section 128250), the Director of the Office of Statewide Health
Planning and Development shall do all of the following:
(a) Determine whether family practice, primary care physician
assistant training programs proposals, and primary care nurse
practitioner training program proposals submitted to the Health
Manpower Policy Commission for participation in the state medical
contract program established by this article and Article 2
(commencing with Section 128250) meet the standards established by
the commission.
(b) Select and contract on behalf of the state with accredited
medical schools, programs that train primary care physician
assistants, programs that train primary care nurse practitioners,
hospitals, and other health care delivery systems for the purpose of
training undergraduate medical students and residents in the
specialty of family practice. Contracts shall be awarded to those
institutions that best demonstrate the ability to provide quality
education and training and to retain students and residents in
specific areas of California where there is a recognized unmet
priority need for primary care family physicians. Contracts shall be
based upon the recommendations of the commission and in conformity
with the contract criteria and program standards established by the
commission.
(c) Terminate, upon 30 days' written notice, the contract of any
institution whose program does not meet the standards established by
the commission or that otherwise does not maintain proper compliance
with this part, except as otherwise provided in contracts entered
into by the director pursuant to this article and Article 2
(commencing with Section 128250).
128240. The Director of the Office of Statewide Health Planning
and Development shall adopt, amend, or repeal regulations as
necessary to enforce this article and Article 2 (commencing with
Section 128250), which shall include criteria that training programs
must meet in order to qualify for waivers of single capitation
formulas or maintenance of effort requirements authorized by Section
128250. Regulations for the administration of this chapter shall be
adopted, amended, or repealed as provided in Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
Article 2. Health Education and Academic Loan Act
128250. This article shall be known and may be cited as the
Health Education and Academic Loan Act.
128255. The Legislature finds and declares all of the following:
(a) Lower levels of reimbursement in rural and inner-city areas
for certain critical primary care practices combined with increasing
student costs deter medical students from entering the primary care
specialties.
(b) Physicians typically begin their practices heavily in debt
from student loans acquired to finance their education.
(c) Because of the lower levels of reimbursement and the burden of
educational debts, the number of primary care physicians who choose
to practice in California is insufficient to adequately meet the
health needs of the state's population.
(d) Repayment of student loans for medical students as a means to
encourage increased provision of primary care medical services will
benefit all citizens of California.
128260. As used in this article, unless the context otherwise
requires, the following definitions shall apply:
(a) "Commission" means the Health Manpower Policy Commission.
(b) "Director" means the Director of Statewide Health Planning and
Development.
(c) "Medically underserved designated shortage area" means any of
the following:
(1) An area designated by the commission as a critical health
manpower shortage area.
(2) A medically underserved area, as designated by the United
States Department of Health and Human Services.
(3) A critical manpower shortage area, as defined by the United
States Department of Health and Human Services.
(d) "Primary care physician" means a physician who has the
responsibility for providing initial and primary care to patients,
for maintaining the continuity of patient care, and for initiating
referral for care by other specialists. A primary care physician
shall be a board-certified or board-eligible general internist,
general pediatrician, general obstetrician-gynecologist, or family
physician.
128265. (a) The commission may provide assistance for the
repayment of any student loan for medical education received by a
medical student in an institution of higher education in California.
The director, with the advice and upon the recommendation of the
commission, shall make loan assumption payments using the criteria
developed pursuant to this section and Sections 128270 and 128275 any
other criteria developed by the commission that are consistent with
this section and Sections 128270 and 128275. The commission may not
provide loan assumption assistance for a loan that is in default at
the time of the application.
(b) The Office of Statewide Health Planning and Development, in
consultation with the commission, may adopt, by regulation, rules and
procedures necessary to administer the loan assumption program
established pursuant to this section and Sections 128270 and 128275.
128270. To be eligible for loan assumption assistance, an
applicant shall meet both of the following requirements:
(a) Be enrolled as a full-time student in an accredited California
medical school and be a resident of California at the time of the
application.
(b) Enter a primary care residency training program in California
and provide primary care medical services for a minimum of three
years after completion of residency.
128275. (a) Each recipient of loan assumption assistance shall
enter into a written contract with the commission, which shall be
considered a contract with the State of California. In executing
contracts, the commission shall give priority to those applicants who
agree to provide primary care services for a minimum of three years
in a medically underserved designated shortage area.
(b) The contract shall include all of the following terms and
conditions:
(1) An unlicensed applicant shall apply for a license to practice
medicine in California at the earliest practicable opportunity.
(2) Within six months after licensure and the completion of all
requirements for the primary care specialty, the applicant shall
engage in the practice of primary care medicine.
(3) The recipient shall agree to provide three consecutive years
of service as a primary care physician in a medically underserved
designated shortage area, or five consecutive years of service in an
area not designated by the commission or the United States Department
of Health and Human Services as a medically underserved area in
order to receive loan assumption assistance made on his or her behalf
directly to the lending institution. Loan assumption assistance
shall be provided only for the principal amount of the recipient's
loan. If any recipient takes pregnancy or paternity leave or suffers
temporary disability, the recipient shall perform an amount of
service equal to the amount of service lost because of the pregnancy
or paternity leave or temporary disability. Performance of that
service by the recipient shall commence immediately upon his or her
return to work following the leave or disability. Under a three-year
term of service, 20 percent of the total grant shall be provided on
behalf of the recipient upon completion of the first year of service;
30 percent shall be provided on behalf of the recipient upon
completion of the second year of service; and 50 percent shall be
provided to the recipient or to the lending institution on behalf of
the recipient upon completion of three years of service as a primary
care physician if the recipient received medical student loan
deferment. If a recipient agrees to provide five years of service
pursuant to this paragraph, 20 percent of the total grant shall be
provided on behalf of the recipient upon completion of the first year
of service; 10 percent shall be provided upon completion of the
second year of service; 10 percent shall be provided upon completion
of the third year of service; 10 percent shall be provided upon
completion of the fourth year of service; and 50 percent shall be
provided to the recipient or to the lending institution on behalf of
the recipient upon completion of five years of service as a primary
care physician if the recipient received medical student loan
deferment.
(4) The physician shall treat patients in the area who are
eligible for medicaid, Medicare, Medi-Cal, and county reimbursement
for low-income and medically indigent adults in addition to
fee-for-service patients and shall develop a sliding fee scale for
low-income patients.
(5) Those applicants who agree to practice in underserved areas
shall practice full time in the medically underserved designated
shortage area.
(6) The physician shall permit the commission to monitor his or
her practice to determine compliance with the terms of the contract.
(7) The commission shall certify compliance with the terms of the
contract for purposes of receipt by the physician of the loan
assumption assistance for years subsequent to the initial year of
loan assumption assistance.
(8) If the recipient dies or becomes totally or permanently
disabled, the commission shall nullify the service obligation of the
recipient and the commission shall repay the student loan in full.
(9) If the recipient is convicted of a felony or misdemeanor
involving moral turpitude, commits an act of gross negligence in the
performance of service obligations, or his or her license to practice
is revoked or suspended by the appropriate licensing board, the
commission may demand repayment of any funds expended as loan
assumption assistance on behalf of the physician.
(10) Any recipient of loan assumption assistance who fails to
fulfill the obligations for which he or she contracted shall pay to
the commission the full amount received plus interest from the date
of the original contract at the rate of 2 percent above the prime
rate at the time of the breach. The director may recover all costs
and attorney fees incurred as a result of collecting payments
resulting from the breach.
(11) The loan assumption program provided by this section shall
apply only to government loans, or those loans insured or made
available by federal or state government.
(12) Not more than 10 percent of the funds obtained from
alternative sources, as specified in Section 128290, may be used to
cover the administrative costs incurred by the Office of Statewide
Health Planning and Development to implement the loan assumption
program.
128280. Each publicly funded medical school in California shall
inform incoming medical students of all student loan, loan repayment,
and medical student scholarship programs available to them. This
information shall include, but need not be limited to, information
concerning the National Health Service Corps program, the Minority
Health Professions Education Foundation program, and the Loan
Assumption Program created pursuant to this article.
128285. No requirement contained in this article shall apply to
the University of California unless the Regents of the University of
California, by resolution, make that requirement applicable.
128290. (a) This article shall only be implemented if private
funds are made available from private sources for all program and
administrative costs related to the implementation of this article.
(b) No state funds shall be used to implement this article.
(c) This article shall become operative only upon certification by
the Director of the Office of Statewide Health Planning and
Development that sufficient private funds have been made available
from private sources to implement this article.
SEC. 361. The heading of Article 2 of Chapter 4 of Part 3 of
Division 107 of the Health and Safety Code is amended and renumbered
to read:
Article 3. Additional Duties of the Health Manpower Policy
Commission (HMPC) (Reserved)
SEC. 362. Article 1 (commencing with Section 128330) is added to
Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, to
read:
Article 1. Minority Health Professions Education Foundation
128330. As used in this article:
(a) "Board" means the Board of Trustees of the Minority Health
Professions Education Foundation.
(b) "Commission" means the Health Manpower Policy Commission.
(c) "Director" means the Director of the Office of Statewide
Health Planning and Development.
(d) "Foundation" means the Minority Health Professions Education
Foundation.
(e) "Health professions" or "health professionals" means
physicians and surgeons licensed pursuant to Chapter 5 (commencing
with Section 2000) of Division 2 of the Business and Professions
Code, dentists, registered nurses, and other health professionals
determined by the office to be needed in medically underserved areas.
(f) "Office" means the Office of Statewide Health Planning and
Development.
(g) "Underrepresented minority groups" means Blacks,
Hispanics/Latinos, Native American Indians, or other persons
underrepresented in medicine, dentistry, nursing, or other health
professions as determined by the board. After January 1, 1990, the
board, upon a finding that the action is necessary to meet the health
care needs of medically underserved areas, may add a group
comprising the economically disadvantaged to those groups authorized
to receive assistance under this article.
128335. (a) The office shall establish a nonprofit public benefit
corporation, to be known as the Minority Health Professions
Education Foundation, that shall be governed by a board consisting of
nine members appointed by the Governor, one member appointed by the
Speaker of the Assembly, and one member appointed by the Senate
Committee on Rules. The members of the foundation board appointed by
the Governor, Speaker of the Assembly, and Senate Committee on Rules
may include representatives of minority groups which are
underrepresented in the health professions, persons employed as
health professionals, and other appropriate members of health or
related professions. All persons considered for appointment shall
have an interest in health programs, an interest in minority health
educational opportunities, and the ability and desire to solicit
funds for the purposes of this article as determined by the
appointing power. The chairperson of the commission shall also be a
nonvoting, ex officio member of the board.
(b) The Governor shall appoint the president of the board of
trustees from among those members appointed by the Governor, the
Speaker of the Assembly, and the Senate Committee on Rules.
(c) The director, after consultation with the president of the
board, may appoint a council of advisers comprised of up to nine
members. The council shall advise the director and the board on
technical matters and programmatic issues related to the Minority
Health Professions Education Foundation Program.
(d) Members of the board and members of the council shall serve
without compensation but shall be reimbursed for any actual and
necessary expenses incurred in connection with their duties as
members of the board or the council.
(e) The foundation shall be subject to the Nonprofit Public
Benefit Corporation Law (Part 2 (commencing with Section 5110) of
Division 2 of Title 2 of the Corporations Code), except that if there
is a conflict with this article and the Nonprofit Public Benefit
Corporation Law (Part 2 (commencing with Section 5110) of Division 2
of Title 2 of the Corporations Code), this article shall prevail.
128340. (a) Of the members of the board first appointed by the
Governor pursuant to Section 128335, three members shall be appointed
to serve a two-year term, three members shall be appointed to serve
a three-year term, and three members shall be appointed to serve a
four-year term.
(b) Of the members of the board first appointed by the Speaker of
the Assembly and the Senate Committee on Rules pursuant to Section
128335, each member shall be appointed to serve a four-year term.
(c) Upon the expiration of the initial appointments for the board,
each member shall be appointed to serve a four-year term.
128345. The Minority Health Professions Education Foundation may
do any of the following:
(a) Solicit and receive funds from business, industry,
foundations, and other private or public sources for the purpose of
providing financial assistance in the form of scholarships or loans
to Black students, Hispanic/Latino students, Native American Indian
students, and other students from underrepresented minority groups.
These funds shall be expended by the office after transfer to the
Minority Health Professions Education Fund, created pursuant to
Section 128355.
(b) Recommend to the director the disbursement of private sector
moneys deposited in the Minority Health Professions Education Fund to
students from underrepresented minority groups accepted to or
enrolled in schools of medicine, dentistry, nursing, or other health
professions in the form of loans or scholarships.
(c) Recommend to the director a standard contractual agreement to
be signed by the director and any participating student, that would
require a period of obligated professional service in the areas in
California designated by the commission as deficient in primary care
services. 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.
(d) Develop criteria for evaluating the likelihood that applicants
for scholarships or loans would remain to practice their profession
in designated areas deficient in primary care services.
(e) Develop application forms, that shall be disseminated to
students from underrepresented minority groups interested in applying
for scholarships or loans.
(f) Encourage private sector institutions, including hospitals,
community clinics, and other health agencies to identify and provide
educational experiences to students from underrepresented minority
groups who are potential applicants to schools of medicine,
dentistry, nursing, or other health professions.
(g) Prepare and submit an annual report to the office documenting
the amount of money solicited from the private sector, the number of
scholarships and loans awarded, the enrollment levels of students
from underrepresented
minority groups in schools of medicine, dentistry, nursing, and other
health professions, and the projected need for scholarships and
loans in the future.
(h) Recommend to the director that a portion of the funds
solicited from the private sector be used for the administrative
requirements of the foundation.
128350. The office shall do all of the following:
(a) Provide technical and staff support to the foundation in
meeting all of its responsibilities.
(b) Provide financial management for the Minority Health
Professions Education Fund.
(c) Enter into contractual agreements with students from
underrepresented minority groups for the disbursement of scholarships
or loans in return for the commitment of these students to practice
their profession in an area in California designated as deficient in
primary care services.
(d) Disseminate information regarding the areas in the state that
are deficient in primary care services to potential applicants for
the scholarships or loans.
(e) Monitor the practice locations of the recipients of the
scholarships or loans.
(f) Recover funds, in accordance with the terms of the contractual
agreements, from recipients of scholarships or loans who fail to
begin or complete their obligated service. Funds so recovered shall
be redeposited in the Minority Health Professions Education Fund.
(g) Contract with the institutions that train family practice
residents, in order to increase the participation of students from
underrepresented minority groups in entering the specialty of family
practice. The director may seek the recommendations of the
commission or foundation as to what programs best demonstrate the
ability to meet this objective.
(h) Contract with training institutions that are involved in
osteopathic postgraduate training in general or family practice
medicine, in order to increase the participation of students from
underrepresented minority groups participating in the practice of
osteopathic medicine. The director may seek the recommendations of
the commission or foundation as to what programs have demonstrated
the ability to meet this objective.
(i) Enter into contractual agreements with graduated health
professionals to repay some or all of the debts they incurred in
health professional schools in return for practicing their
professions in an area in California designated as deficient in
primary care services.
(j) Contract with institutions that award baccalaureate of science
of nursing degrees in order to increase the participation of
students from underrepresented minority groups in the nursing
profession. The director may seek the recommendations of the
commission as to what programs have demonstrated the ability to meet
this objective.
128355. There is hereby created within the office a Minority
Health Professions Education Fund. The primary purpose of this fund
is to provide scholarships and loans to students from
underrepresented minority groups who are accepted to or enrolled in
schools of medicine, dentistry, nursing, or other health professions,
and to fund the Geriatric Nurse Practitioner and Clinical Nurse
Specialist Scholarship Program pursuant to Article 3 (commencing with
Section 128425). The fund shall also be used to pay for the cost of
administering the program and for any other purpose authorized by
this article. The level of expenditure by the office for the
administrative support of the program created pursuant to this
article shall be subject to review and approval annually through the
state budget process. The office may receive private donations to be
deposited into this fund. All money in the fund is continuously
appropriated to the office for the purposes of this article and
Article 3 (commencing with Section 128425). The office shall manage
this fund prudently in accordance with other provisions of law.
128360. Any regulations the office adopts to implement this
article shall be adopted as emergency regulations 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 to be emergency
regulations for the purposes of Section 11346.1 of the Government
Code.
128365. Notwithstanding any other provision, meetings of the
board need not be open to the public when the board discusses
applications for financial assistance under this article, or other
matters that the board and the office reasonably determine should not
be discussed in public due to privacy considerations.
128370. Notwithstanding any other law, the office may exempt from
public disclosure any document in the possession of the office that
pertains to a donation made pursuant to this article if the donor has
requested anonymity.
SEC. 363. Section 128440 is added to the Health and Safety Code,
to read:
128440. Awards shall be coordinated with other financial
assistance. An effort shall be made to reach all nurse practitioner
and clinical nurse specialist education programs in California.
SEC. 364. Section 128445 is added to the Health and Safety Code,
to read:
128445. In developing this program, the Minority Health
Professions Education Foundation shall solicit the advice of the
representatives of the Board of Registered Nursing, the Student Aid
Commission, the California Nurses Association, the California
Association of Health Facilities, the California Association of Homes
for the Aging, the Chancellor of the California State University,
the President of the University of California, and other entities as
may be appropriate.
SEC. 365. Section 128450 is added to the Health and Safety Code,
to read:
128450. This program shall be funded through the Minority Health
Professions Education Fund pursuant to Section 128355.
SEC. 366. Section 128455 is added to the Health and Safety Code,
to read:
128455. This article shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2000, deletes or extends
that date.
SEC. 367. A Part 4 heading is added to Division 107, immediately
preceding Section 128525, of the Health and Safety Code, to read:
PART 4. HEALTH CARE DEMONSTRATION PROJECTS
SEC. 368. Section 128525 of the Health and Safety Code is amended
and renumbered, immediately following the Article 4 heading, to read:
100921. 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.
SEC. 368.5. Section 128530 of the Health and Safety Code is
amended and renumbered, immediately following Section 100921, to
read:
100922. (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 on January 1, 1995, and
does not require the department to adopt regulations.
SEC. 369. Section 128782 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
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 128735 and 128740.
SEC. 370. Section 129295 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
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), that 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.
SEC. 371. Section 129725 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
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 State Department of Health Services.
(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 city, county, or city and 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.
SEC. 372. Section 129730 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
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 State Department of Health Services certifies to the office
that it has received and approved a plan acceptable to the State
Department of Health Services 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.
SEC. 373. Section 129787 of the Health and Safety Code, as added
by Chapter 415 of the Statutes of 1995, is amended to read:
129787. (a) The payment of the filing fee described in Section
129785 may be postponed by the 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 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 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.
SEC. 373.3. Section 129880 of the Health and Safety Code is
amended and renumbered to read:
129875. 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.
SEC. 373.5. Section 129895 of the Health and Safety Code is
amended to read:
129895. (a) The office shall adopt by regulations seismic safety
standards for hospital equipment anchorages, as defined by the
office. Those 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 office 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.
SEC. 373.7.
Section 129905 of the Health and Safety Code is amended to read:
129905. 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 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.
SEC. 374. Section 799.02 of the Insurance Code is amended to read:
799.02. Notwithstanding subdivision (f) of Section 120980 of the
Health and Safety Code or any other provisions of law, a life or
disability income insurer may decline a life or disability income
insurance application or enrollment request on the basis of a
positive ELISA test followed by a reactive Western Blot Assay
performed by or at the direction of the insurer on the same specimen
of the applicant's blood.
This authorization applies only to policies, certificates, and
applications for coverage (a) that is issued, delivered, or received
on or after the effective date of the urgency statute amending this
section enacted during the 1989 portion of the 1989-90 Regular
Session and (b) the issuance or granting of which is otherwise
contingent upon medical review for other diseases or medical
conditions to be effective.
This article shall not be construed to prohibit an insurer from
declining an application or enrollment request for insurance because
the applicant has been diagnosed as having AIDS or ARC by a medical
professional.
SEC. 375. Section 799.10 of the Insurance Code is amended to read:
799.10. (a) This section shall apply to the disclosure of the
results of HIV antibody tests requested by an insurer pursuant to
this article and, notwithstanding the provisions of Section 120980 of
the Health and Safety Code, Section 120980 of the Health and Safety
Code does not apply to the disclosure of the results of HIV antibody
tests conducted pursuant to this article.
(b) Any person who negligently discloses results of an HIV
antibody test 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 this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, 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.
(c) Any person who willfully discloses the results of an HIV
antibody test 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 this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, 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.
(d) Any person who willfully or negligently discloses the results
of an HIV antibody test 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 this article
or in Section 1603.1 or 1603.3 of the Health and Safety Code, 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, by a fine of not
to exceed ten thousand dollars ($10,000), or by both that fine and
imprisonment.
(e) Any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or psychological harm that is a
proximate cause of the act.
(f) Each disclosure made in violation of this section is a
separate and actionable offense.
(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.
SEC. 376. Section 10123.35 of the Insurance Code, as amended by
Chapter 695 of the Statutes of 1995, is amended to read:
10123.35. (a) This section shall apply to the disclosure of
genetic test results contained in an applicant or enrollee's medical
records by a self-insured welfare benefit plan.
(b) Any person who negligently discloses results of a test for a
genetic characteristic 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), 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.
(c) Any person who willfully discloses the results of a test for a
genetic characteristic 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), shall be assessed a
civil penalty in an amount not less than one thousand dollars
($1,000) and no 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.
(d) Any person who willfully or negligently discloses the results
of a test for a genetic characteristic 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), that results in
economic, bodily, or emotional harm to the subject of the test, is
guilty of a misdemeanor punishable by a fine not to exceed ten
thousand dollars ($10,000).
(e) In addition to the penalties listed in subdivisions (b) and
(c), any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or emotional harm that is proximately
caused by the act.
(f) Each disclosure made in violation of this section is a
separate and actionable offense.
(g) The applicant's "written authorization," as used in this
section, shall satisfy the following requirements:
(1) Is written in plain language.
(2) Is dated and signed by the individual or a person authorized
to act on behalf of the individual.
(3) Specifies the types of persons authorized to disclose
information about the individual.
(4) Specifies the nature of the information authorized to be
disclosed.
(5) States the name or functions of the persons or entities
authorized to receive the information.
(6) Specifies the purposes for which the information is collected.
(7) Specifies the length of time the authorization shall remain
valid.
(8) Advises the person signing the authorization of the right to
receive a copy of the authorization. Written authorization is
required for each separate disclosure of the test results, and the
authorization shall set forth the person or entity to whom the
disclosure would be made.
(h) This section shall not apply to disclosures required by the
Department of Health Services necessary to monitor compliance with
the Hereditary Disorders Act, subdivision (b) of Section 27 of, and
Sections 125070 and 125000 of, the Health and Safety Code, nor to
disclosures required by the Department of Corporations necessary to
administer and enforce compliance with Section 1374.7 of the Health
and Safety Code.
SEC. 377. Section 10140.1 of the Insurance Code, as added by
Chapter 695 of the Statutes of 1995, is amended to read:
10140.1. (a) This section shall apply to the disclosure of
genetic test results contained in an applicant or enrollee's medical
records by an admitted insurer licensed to issue life or disability
insurance, except life and disability income policies issued or
delivered on or after January 1, 1995, that are contingent upon
review or testing for other diseases or medical conditions.
(b) Any person who negligently discloses results of a test for a
genetic characteristic 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), this 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.
(c) Any person who willfully discloses the results of a test for a
genetic characteristic 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), shall be assessed a
civil penalty in an amount not less than one thousand dollars
($1,000) and no 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.
(d) Any person who willfully or negligently discloses the results
of a test for a genetic characteristic 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), that results in
economic, bodily, or emotional harm to the subject of the test, is
guilty of a misdemeanor punishable by a fine not to exceed ten
thousand dollars ($10,000).
(e) In addition to the penalties listed in subdivisions (b) and
(c), any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or emotional harm that is proximately
caused by the act.
(f) Each disclosure made in violation of this section is a
separate and actionable offense.
(g) The applicant's "written authorization," as used in this
section, shall satisfy the following requirements:
(1) Is written in plain language.
(2) Is dated and signed by the individual or a person authorized
to act on behalf of the individual.
(3) Specifies the types of persons authorized to disclose
information about the individual.
(4) Specifies the nature of the information authorized to be
disclosed.
(5) States the name or functions of the persons or entities
authorized to receive the information.
(6) Specifies the purposes for which the information is collected.
(7) Specifies the length of time the authorization shall remain
valid.
(8) Advises the person signing the authorization of the right to
receive a copy of the authorization. Written authorization is
required for each separate disclosure of the test results, and the
authorization shall set forth the person or entity to whom the
disclosure would be made.
(h) This section shall not apply to disclosures required by the
Department of Health Services necessary to monitor compliance with
the Hereditary Disorders Act, subdivision (b) of Section 27 of, and
Sections 125070 and 125000 of, the Health and Safety Code, nor to
disclosures required by the Department of Corporations necessary to
administer and enforce compliance with Section 1374.7 of the Health
and Safety Code.
SEC. 378. Section 11512.965 of the Insurance Code, as added by
Chapter 695 of the Statutes of 1995, is amended to read:
11512.965. (a) This section shall apply to the disclosure of
genetic test results contained in an applicant or enrollee's medical
records by a nonprofit hospital service plan.
(b) Any person who negligently discloses results of a test for a
genetic characteristic 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), 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.
(c) Any person who willfully discloses the results of a test for a
genetic characteristic 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), shall be assessed a
civil penalty in an amount not less than one thousand dollars
($1,000) and no 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.
(d) Any person who willfully or negligently discloses the results
of a test for a genetic characteristic 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), that results in
economic, bodily, or emotional harm to the subject of the test, is
guilty of a misdemeanor punishable by a fine not to exceed ten
thousand dollars ($10,000).
(e) In addition to the penalties listed in subdivisions (b) and
(c), any person who commits any act described in subdivision (b) or
(c) shall be liable to the subject for all actual damages, including
damages for economic, bodily, or emotional harm that is proximately
caused by the act.
(f) Each disclosure made in violation of this section is a
separate and actionable offense.
(g) The applicant's "written authorization," as used in this
section, shall satisfy the following requirements:
(1) Is written in plain language.
(2) Is dated and signed by the individual or a person authorized
to act on behalf of the individual.
(3) Specifies the types of persons authorized to disclose
information about the individual.
(4) Specifies the nature of the information authorized to be
disclosed.
(5) States the name or functions of the persons or entities
authorized to receive the information.
(6) Specifies the purposes for which the information is collected.
(7) Specifies the length of time the authorization shall remain
valid.
(8) Advises the person signing the authorization of the right to
receive a copy of the authorization. Written authorization is
required for each separate disclosure of the test results, and the
authorization shall set forth the person or entity to whom the
disclosure would be made.
(h) This section shall not apply to disclosures required by the
Department of Health Services necessary to monitor compliance with
the Hereditary Disorders Act, subdivision (b) of Section 27 of, and
Sections 125070 and 125000 of, the Health and Safety Code, nor to
disclosures required by the Department of Corporations necessary to
administer and enforce compliance with Section 1374.7 of the Health
and Safety Code.
SEC. 379. Section 147.2 of the Labor Code is amended to read:
147.2. In accordance with Chapter 2 (commencing with Section
6350) of Part 1 of Division 5 of this code and Section 105175 of the
Health and Safety Code, the Department of Industrial Relations shall,
by interagency agreement with the State Department of Health
Services, establish a repository of current data on toxic materials
and harmful physical agents in use or potentially in use in places of
employment in the state.
The repository shall fulfill all of the following functions:
(1) Provide reliable information of practical use to employers,
employees, representatives of employees, and other governmental
agencies on the possible hazards to employees of exposure to toxic
materials or harmful physical agents.
(2) Collect and evaluate toxicological and epidemiological data
and any other information that may be pertinent to establishing
harmful effects on health of exposure to toxic materials or harmful
physical agents. Nothing in this subdivision shall be construed as
authorizing the repository to require employers to report any
information not otherwise required by law.
(3) Recommend to the Chief of the Division of Occupational Safety
and Health Administration that an occupational safety and health
standard be developed whenever it has been determined that a
substance in use or potentially in use in places of employment is
potentially toxic at the concentrations or under the conditions used.
(4) Notify the Director of Food and Agriculture of any information
developed by the repository that is relevant to carrying out his or
her responsibilities under Chapters 2 (commencing with Section 12751)
and 3 (commencing with Section 14001) of Division 7 of the Food and
Agricultural Code.
The Director of Industrial Relations shall appoint an Advisory
Committee to the repository. The Advisory Committee shall consist of
four representatives from labor, four representatives from
management, four active practitioners in the occupational health
field, and three persons knowledgeable in biomedical statistics or
information storage and retrieval systems. The Advisory Committee
shall meet on a regular basis at the request of the director. The
committee shall be consulted by, and shall advise the director at
each phase of the structuring and functioning of the repository and
alert system with regard to, the procedures, methodology, validity,
and practical utility of collecting, evaluating, and disseminating
information concerning hazardous substances, consistent with the
primary goals and objectives of the repository.
Nothing in this section shall be construed to limit the ability of
the State Department of Health Services to propose occupational
safety and health standards to the Occupational Safety and Health
Standards Board.
Policies and procedures shall be developed to assure, to the
extent possible, that the repository uses and does not duplicate the
resources of the federal government and other states.
On or before December 31 of each year, the Department of
Industrial Relations shall submit a report to the Legislature
detailing the implementation and operation of the repository
including, but not limited to, the amount and source of funds
allocated and spent on repository activities, the toxic materials and
harmful physical agents investigated during the past year and
recommendations made concerning them, actions taken to inform
interested persons of the possible hazards of exposure to toxic
materials and harmful physical agents, and any recommendations for
legislative changes relating to the functions of the repository.
SEC. 380. Section 2441 of the Labor Code is amended to read:
2441. (a) Every employer of labor in this state shall, without
making a charge therefor, provide fresh and pure drinking water to
his or her employees during working hours. Access to the drinking
water shall be permitted at reasonable and convenient times and
places. Any violation of this section is punishable for each offense
by a fine of not less than fifty dollars ($50), nor more than two
hundred dollars ($200), or by imprisonment for not more than 30 days,
or by both the fine and imprisonment.
(b) The State Department of Health Services and all health
officers of counties, cities, and health districts shall enforce the
provisions of this section pursuant to subdivision (b) of Section
118390 of the Health and Safety Code. The enforcement shall not be
construed to abridge or limit in any manner the jurisdiction of the
Division of Industrial Safety of the Department of Industrial
Relations pursuant to Division 5 (commencing with Section 6300).
SEC. 381. Section 2807 of the Labor Code is amended to read:
2807. (a) All employers, whether private or public, shall provide
notification to former employees, along with the notification
required by federal law pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), of the availability
of continued coverage for medical, surgical, or hospital benefits, a
standardized written description of the Health Insurance Premium
Program established by the State Department of Health Services
pursuant to Section 120835 of the Health and Safety Code and Section
14124.91 of the Welfare and Institutions Code. The employer shall
utilize the standardized written description prepared by the State
Department of Health Services pursuant to subdivision (b).
(b) The State Department of Health Services shall prepare and make
available, on request, a standardized written description of the
Health Insurance Premium Program, at cost.
SEC. 382. Section 5205 of the Labor Code is amended to read:
5205. Notwithstanding Article 6 (commencing with Section 650) of
Chapter 1 of Division 2 of the Business and Professions Code, any
organization may, except as limited by this subdivision, solicit or
advertise with regard to the cost of subscription or enrollment,
facilities and services rendered, provided, however, Article 5
(commencing with Section 600) of Chapter 1 of Division 2 of the
Business and Professions Code remains in effect. Any price
advertisement shall be exact, without the use of such phrases as "as
low as," "and up," "lowest prices," or words or phrases of similar
import. Any advertisement that refers to health care, or costs for
the health care, and that uses words of comparison must be based on
verifiable data substantiating the comparison. Any organization so
advertising shall be prepared to provide information sufficient to
establish the accuracy of the comparison. Price advertising shall
not be fraudulent, deceitful, or misleading, nor contain any offers
of discounts, premiums, gifts, or bait of similar nature. In
connection with price advertising, the price for health care shall be
clearly identifiable. The price advertised for products shall
include charges for any related professional services, including
dispensing and fitting services, unless the advertisement
specifically and clearly indicates otherwise.
Nothing in this part shall be construed to repeal, abolish, or
diminish the effect of Section 129450 of the Health and Safety Code.
SEC. 383. Section 6712 of the Labor Code is amended to read:
6712. (a) The standards board shall, no later than December 1,
1991, adopt an occupational safety and health standard for field
sanitation. The standard shall comply with all of the following:
(1) The standard shall be at least as effective as the federal
field sanitation standard contained in Section 1928.110 of Title 29
of the Code of Federal Regulations.
(2) The standard shall be at least as effective as California
field sanitation requirements in effect as of July 1, 1990, pursuant
to Article 4 (commencing with Section 113310) of Chapter 11 of Part 6
of Division 104 of the Health and Safety Code, Article 1 (commencing
with Section 118375) of Chapter 1 of Part 15 of Division 104 of the
Health and Safety Code, and Section 2441 of this code.
(3) The standard shall apply to all agricultural places of
employment.
(4) The standard shall require that toilets are serviced and
maintained in a clean, sanitary condition and kept in good repair at
all times, including written records of that service and maintenance.
(b) Consistent with its mandatory investigation and reinspection
duties under Sections 6309, 6313, and 6320, the division shall
develop and implement a special emphasis program for enforcement of
the standard for at least two years following its adoption. Not
later than March 15, 1995, the division shall also develop a written
plan to coordinate its enforcement program with other state and local
agencies. The division shall be the lead enforcement agency. Other
state and local agencies shall
cooperate with the division in the development and
implementation of the plan. The division shall report to the
Legislature, not later than January 1, 1994, on its enforcement
program. The plan shall provide for coordination between the
division and local officials in counties where the field sanitation
facilities required by the standard adopted pursuant to subdivision
(a) are registered by the county health officer or other appropriate
official of the county where the facilities are located. The
division shall establish guidelines to assist counties that choose to
register sanitation facilities pursuant to this section, for
developing service charges, fees, or assessments to defray the costs
of registering the facilities, taking into consideration the
differences between small and large employers.
(c) (1) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, or of Section 1928.110 of Title 29 of the Code of Federal
Regulations, shall be considered for purposes of establishing whether
a current violation is a repeat violation under Section 6429.
(2) Past violations by a fixed-site or nonfixed-site employer,
occurring anywhere in the state within the previous five years, of
one or more field sanitation regulations established pursuant to this
section, Article 4 (commencing with Section 113310) of Chapter 11 of
Part 6 of Division 104 of the Health and Safety Code, Article 1
(commencing with Section 118375) of Part 15 of Division 104 of the
Health and Safety Code, or Section 2441 of this code, or of Section
1928.110 of Title 29 of the Code of Federal Regulations, shall
constitute evidence of willfulness for purposes of Section 6429.
(d) (1) Notwithstanding Sections 6317 and 6434, any employer who
fails to provide the facilities required by the field sanitation
standard shall be assessed a civil penalty under the appropriate
provisions of Sections 6427 to 6430, inclusive, except that in no
case shall the penalty be less than seven hundred fifty dollars
($750) for each violation.
(2) Abatement periods fixed by the division pursuant to Section
6317 for violations shall be limited to one working day. However,
the division may, pursuant to Section 6319.5, modify the period in
cases where a good faith effort to comply with the abatement
requirement is shown. The filing of an appeal with the appeals board
pursuant to Sections 6319 and 6600 shall not stay the abatement
period.
(3) An employer cited pursuant to paragraph (1) of this
subdivision shall be required to annually complete a field sanitation
compliance form which shall list the estimated peak number of
employees, the toilets, washing, and drinking water facilities to be
provided by the employer, any rental and maintenance agreements, and
any other information considered relevant by the division for a
period of five years following the citation. The employer shall be
required to annually submit the completed form, subscribed under
penalty of perjury, to the division, or to an agency designated by
the division.
(e) The division shall notify the State Department of Health
Services and the appropriate local health officers whenever a
violation of the standard adopted pursuant to this section may result
in the adulteration of food with harmful bacteria or other
deleterious substances within the meaning of Article 5 (commencing
with Section 110545) of Chapter 5 of Part 5 of Division 104 of the
Health and Safety Code.
(f) Pending final adoption and approval of the standard required
by subdivision (a), the division may enforce the field sanitation
standards prescribed by Section 1928.110 of Title 29 of the Code of
Federal Regulations, except subdivision (a) of Section 1928.110, in
the same manner as other standards contained in this division.
SEC. 384. Section 6717 of the Labor Code is amended to read:
6717. (a) On or before February 1, 1994, the division shall
propose to the standards board for its review and adoption, a
standard that protects the health and safety of employees who engage
in lead-related construction work and meets all requirements imposed
by the federal Occupational Safety and Health Administration. The
standards board shall adopt the standard on or before December 31,
1994. The standard shall at least prescribe protective measures
appropriate to the work activity and the lead content of materials to
be disturbed by the activity, and shall include requirements and
specifications pertaining to the following:
(1) Sampling and analysis of surface coatings and other materials
that may contain significant amounts of lead.
(2) Concentrations and amounts of lead in surface coatings and
other materials that may constitute a health hazard to employees
engaged in lead-related construction work.
(3) Engineering controls, work practices, and personal protective
equipment, including respiratory protection, fit-testing
requirements, and protective clothing and equipment.
(4) Washing and showering facilities.
(5) Medical surveillance and medical removal protection.
(6) Establishment of regulated areas and appropriate posting and
warning requirements.
(7) Recordkeeping.
(8) Training of employees engaged in lead-related construction
work and their supervisors, that shall consist of current
certification as required by regulations adopted under subdivision
(c) of Section 105250 of the Health and Safety Code and include
training with respect to at least the following:
(A) Health effects of lead exposure, including symptoms of
overexposure.
(B) The construction activities, methods, processes, and materials
that can result in lead exposure.
(C) The requirements of the lead standard promulgated pursuant to
this section.
(D) Appropriate engineering controls, work practices, and personal
protection for lead-related work.
(E) The necessity for fit-testing for respirator use and how
fit-testing is conducted.
SEC. 385. Section 187 of the Penal Code is amended to read:
187. (a) Murder is the unlawful killing of a human being, or a
fetus, with malice aforethought.
(b) This section shall not apply to any person who commits an act
that results in the death of a fetus if any of the following apply:
(1) The act complied with the Therapeutic Abortion Act, Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code.
(2) The act was committed by a holder of a physician's and surgeon'
s certificate, as defined in the Business and Professions Code, in a
case where, to a medical certainty, the result of childbirth would be
death of the mother of the fetus or where her death from childbirth,
although not medically certain, would be substantially certain or
more likely than not.
(3) The act was solicited, aided, abetted, or consented to by the
mother of the fetus.
(c) Subdivision (b) shall not be construed to prohibit the
prosecution of any person under any other provision of law.
SEC. 386. Section 193.8 of the Penal Code is amended to read:
193.8. (a) It is unlawful for any adult who is the registered
owner of a motor vehicle or in possession of a motor vehicle to
relinquish possession of the vehicle to a minor for the purpose of
driving if the following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or
reasonably should have known that the minor was intoxicated at the
time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a
violation of Section 23103 as specified in Section 23103.5, 23140,
23152, or 23153 of the Vehicle Code or a violation of Section 191.5
or paragraph (3) of subdivision (c) of Section 192.
(3) The minor does not otherwise have a lawful right to possession
of the vehicle.
(b) The offense described in subdivision (a) shall not apply to
commercial bailments, motor vehicle leases, or parking arrangements,
whether or not for compensation, provided by hotels, motels, or food
facilities for customers, guests, or other invitees thereof. For
purposes of this subdivision, hotel and motel shall have the same
meaning as in subdivision (b) of Section 25503.16 of the Business and
Professions Code and food facility shall have the same meaning as in
Section 113785 of the Health and Safety Code.
(c) If any adult is convicted of the offense described in
subdivision (a), that person shall be punished by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail not exceeding six months, or by both the fine and
imprisonment. Any adult convicted of the offense described in
subdivision (a) shall not be subject to driver's license suspension
or revocation or attendance at a licensed alcohol or drug education
and counseling program for persons who drive under the influence.
SEC. 387. Section 274 of the Penal Code is amended to read:
274. Every person who provides, supplies, or administers to any
woman, or procures any woman to take any medicine, drug, or
substance, or uses or employs any instrument or other means whatever,
with intent thereby to procure the miscarriage of the woman, except
as provided in the Therapeutic Abortion Act, Article 2 (commencing
with Section 123400) of Chapter 2 of Part 2 of Division 106 of the
Health and Safety Code, is punishable by imprisonment in the state
prison.
SEC. 388. Section 275 of the Penal Code is amended to read:
275. Every woman who solicits of any person any medicine, drug,
or substance whatever, and takes the same, or who submits to any
operation, or to the use of any means whatever, with intent thereby
to procure a miscarriage, except as provided in the Therapeutic
Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2
of Part 2 of Division 106 of the Health and Safety Code, is
punishable by imprisonment in the state prison.
SEC. 389. Section 276 of the Penal Code is amended to read:
276. Every person who solicits any woman to submit to any
operation, or to the use of any means whatever, to procure a
miscarriage, except as provided in the Therapeutic Abortion Act,
Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of
Division 106 of the Health and Safety Code, is punishable by
imprisonment in the county jail not longer than one year or in the
state prison, or by a fine of not more than ten thousand dollars
($10,000). This offense must be proved by the testimony of two
witnesses, or of one witness and corroborating circumstances.
SEC. 389.1. Section 803 of the Penal Code is amended to read:
803. (a) Except as provided in this section, a limitation of time
prescribed in this chapter is not tolled or extended for any reason.
(b) No time during which prosecution of the same person for the
same conduct is pending in a court of this state is a part of a
limitation of time prescribed in this chapter.
(c) A limitation of time prescribed in this chapter does not
commence to run until discovery of an offense described in this
subdivision. This subdivision applies to an offense punishable by
imprisonment in the state prison, a material element of which is
fraud or breach of a fiduciary obligation or the basis of which is
misconduct in office by a public officer, employee, or appointee,
including, but not limited to, the following offenses:
(1) Grand theft of any type, forgery, falsification of public
records, or acceptance of a bribe by a public official or a public
employee.
(2) A violation of Section 72, 118, 118a, 132, or 134.
(3) A violation of Section 25540, of any type, or Section 25541 of
the Corporations Code.
(4) A violation of Section 1090 or 27443 of the Government Code.
(5) Felony welfare fraud or Medi-Cal fraud in violation of Section
11483 or 14107 of the Welfare and Institutions Code.
(6) Felony insurance fraud in violation of Section 548 or 550 of
this code or former Section 1871.1, or Section 1871.4, of the
Insurance Code.
(7) A violation of Section 580, 581, 582, 583, or 584 of the
Business and Professions Code.
(8) A violation of Section 22430 of the Business and Professions
Code.
(9) A violation of Section 103800 of the Health and Safety Code.
(10) A violation of Section 529a.
(d) If the defendant is out of the state when or after the offense
is committed, the prosecution may be commenced as provided in
Section 804 within the limitations of time prescribed by this
chapter, and no time up to a maximum of three years during which the
defendant is not within the state shall be a part of those
limitations.
(e) A limitation of time prescribed in this chapter does not
commence to run until the offense has been discovered, or could have
reasonably been discovered, with regard to offenses under Division 7
(commencing with Section 13000) of the Water Code, under Chapter 6.5
(commencing with Section 25100) of, Chapter 6.7 (commencing with
Section 25280) of, or Chapter 6.8 (commencing with Section 25300) of,
Division 20 of, or Part 4 (commencing with Section 41500) of
Division 26 of, the Health and Safety Code, or under Section 386.
(f) Notwithstanding any other limitation of time described in this
section, a criminal complaint may be filed within one year of the
date of a report to a responsible adult or agency by a child under 18
years of age that the child is a victim of a crime described in
Section 261, 286, 288, 288a, 288.5, 289, or 289.5.
For purposes of this subdivision, a "responsible adult" or "agency"
means a person or agency required to report pursuant to Section
11166. This subdivision shall apply only if both of the following
occur:
(1) The limitation period specified in Section 800 or 801 has
expired.
(2) The defendant has committed at least one violation of Section
261, 286, 288, 288a, 288.5, 289, or 289.5 against the same victim
within the limitation period specified for that crime in either
Section 800 or 801.
(g) Notwithstanding any other limitation of time described in this
section, a criminal complaint may be filed within one year of the
date of a report to a law enforcement agency by a person of any age
alleging that he or she, while under the age of 18 years, was the
victim of a crime described in Section 261, 286, 288, 288a, 288.5,
289, or 289.5. This subdivision shall apply only if both of the
following occur:
(1) The limitation period specified in Section 800 or 801 has
expired.
(2) The crime involved substantial sexual conduct, as described in
subdivision (b) of Section 1203.066, excluding masturbation which is
not mutual, and there is independent evidence that clearly and
convincingly corroborates the victim's allegation. No evidence may
be used to corroborate the victim's allegation which would otherwise
be inadmissible during trial. Independent evidence shall not include
the opinions of mental health professionals.
SEC. 390. Section 830.3 of the Penal Code is amended to read:
830.3. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 of the
Penal Code as to any public offense with respect to which there is
immediate danger to person or property, or of the escape of the
perpetrator of that offense, or pursuant to Section 8597 or 8598 of
the Government Code. These peace officers may carry firearms only if
authorized and under those terms and conditions as specified by
their employing agencies:
(a) Persons employed by the Division of Investigation of the
Department of Consumer Affairs and investigators of the Medical Board
of California and the Board of Dental Examiners, who are designated
by the Director of Consumer Affairs, provided that the primary duty
of these peace officers shall be the enforcement of the law as that
duty is set forth in Section 160 of the Business and Professions
Code.
(b) Voluntary fire wardens designated by the Director of Forestry
and Fire Protection pursuant to Section 4156 of the Public Resources
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section 4156
of that code.
(c) Employees of the Department of Motor Vehicles designated in
Section 1655 of the Vehicle Code, provided that the primary duty of
these peace officers shall be the enforcement of the law as that duty
is set forth in Section 1655 of that code.
(d) Investigators of the California Horse Racing Board designated
by the board, provided that the primary duty of these peace officers
shall be the enforcement of Chapter 4 (commencing with Section 19400)
of Division 8 of the Business and Professions Code and Chapter 10
(commencing with Section 330) of Title 9 of Part 1 of this code.
(e) The State Fire Marshal and assistant or deputy state fire
marshals appointed pursuant to Section 13103 of the Health and Safety
Code, provided that the primary duty of these peace officers shall
be the enforcement of the law as that duty is set forth in Section
13104 of that code.
(f) Inspectors of the food and drug section designated by the
chief pursuant to subdivision (a) of Section 106500 of the Health and
Safety Code, provided that the primary duty of these peace officers
shall be the enforcement of the law as that duty is set forth in
Section 106500 of that code.
(g) All investigators of the Division of Labor Standards
Enforcement designated by the Labor Commissioner, provided that the
primary duty of these peace officers shall be enforcement of the law
as prescribed in Section 95 of the Labor Code.
(h) All investigators of the State Departments of Health Services,
Social Services, Mental Health, Developmental Services, and Alcohol
and Drug Programs, the Department of Toxic Substances Control, and
the Office of Statewide Health Planning and Development, and the
Public Employees' Retirement System, provided that the primary duty
of these peace officers shall be the enforcement of the law relating
to the duties of his or her department, or office. Notwithstanding
any other provision of law, investigators of the Public Employees'
Retirement System shall not carry firearms.
(i) The Chief of the Bureau of Fraudulent Claims of the Department
of Insurance and those investigators designated by the chief,
provided that the primary duty of those investigators shall be
enforcement of Section 550 of the Penal Code.
(j) Employees of the Department of Housing and Community
Development designated under Section 18023 of the Health and Safety
Code, provided that the primary duty of these peace officers shall be
the enforcement of the law as that duty is set forth in Section
18023 of that code.
(k) Investigators of the office of the Controller, provided that
the primary duty of these investigators shall be the enforcement of
the law relating to the duties of that office. Notwithstanding any
other law, except as authorized by the Controller, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(l) Investigators of the Department of Corporations designated by
the Commissioner of Corporations, provided that the primary duty of
these investigators shall be enforcement of the provisions of law
administered by the Department of Corporations. Notwithstanding any
other provision of law, the peace officers designated pursuant to
this subdivision shall not carry firearms.
(m) Persons employed by the Contractors' State License Board
designated by the Director of Consumer Affairs pursuant to Section
7011.5 of the Business and Professions Code, provided that the
primary duty of these persons shall be the enforcement of the law as
that duty is set forth in Section 7011.5, and in Chapter 9
(commencing with Section 7000) of Division 3, of that code. The
Director of Consumer Affairs may designate as peace officers not more
than three persons who shall at the time of their designation be
assigned to the special investigations unit of the board.
Notwithstanding any other provision of law, the persons designated
pursuant to this subdivision shall not carry firearms.
(n) The chief and coordinators of the Law Enforcement Division of
the Office of Emergency Services.
(o) Investigators of the office of the Secretary of State
designated by the Secretary of State, provided that the primary duty
of these peace officers shall be the enforcement of the law as
prescribed in Chapter 3 (commencing with Section 8200) of Division 1
of Title 2 of, and Section 12172.5 of, the Government Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(p) The Deputy Director for Security designated by Section 8880.38
of the Government Code, and all lottery security personnel assigned
to the California State Lottery and designated by the director,
provided that the primary duty of any of those peace officers shall
be the enforcement of the laws related to assuring the integrity,
honesty, and fairness of the operation and administration of the
California State Lottery.
(q) Investigators employed by the Investigation Division of the
Employment Development Department designated by the director of the
department, provided that the primary duty of those peace officers
shall be the enforcement of the law as that duty is set forth in
Section 317 of the Unemployment Insurance Code.
Notwithstanding any other provision of law, the peace officers
designated pursuant to this subdivision shall not carry firearms.
(r) The chief and assistant chief of museum security and safety of
the California Museum of Science and Industry, as designated by the
executive director pursuant to Section 4108 of the Food and
Agricultural Code, provided that the primary duty of those peace
officers shall be the enforcement of the law as that duty is set
forth in Section 4108 of the Food and Agricultural Code.
(s) Notwithstanding any other provision of this section, a peace
officer authorized by this section shall not be authorized to carry
firearms by his or her employing agency until that agency has adopted
a policy on the use of deadly force by those peace officers, and
until those peace officers have been instructed in the employing
agency's policy on the use of deadly force.
Every peace officer authorized pursuant to this section to carry
firearms by his or her employing agency shall qualify in the use of
the firearms at least every six months.
SEC. 391. Section 1202.1 of the Penal Code, as amended by Chapter
396 of the Statutes of 1995, is amended to read:
1202.1. (a) Notwithstanding Sections 120975 and 120990 of the
Health and Safety Code, the court shall order every person who is
convicted of, or adjudged by the court to be a person described by
Section 601 or 602 of the Welfare and Institutions Code as provided
in Section 725 of the Welfare and Institutions Code by reason of a
violation of, a sexual offense listed in subdivision (e), whether or
not a sentence or fine is imposed or probation is granted, to submit
to a blood test for evidence of antibodies to the probable causative
agent of acquired immune deficiency syndrome (AIDS). Each person
tested under this section shall be informed of the results of the
blood test.
(b) Notwithstanding Section 120980 of the Health and Safety Code,
the results of the blood test to detect antibodies to the probable
causative agent of AIDS shall be transmitted by the clerk of the
court to the Department of Justice and the local health officer.
(c) Notwithstanding Section 120980 of the Health and Safety Code,
the Department of Justice shall provide the results of a test or
tests as to persons under investigation or being prosecuted under
Section 647f or 12022.85, if the results are on file with the
department, to the defense attorney upon request; and the results
also shall be available to the prosecuting attorney upon request for
the purpose of either preparing counts for a subsequent offense under
Section 647f or sentence enhancement under Section 12022.85 or
complying with subdivision (d).
(d) (1) In every case in which a person is convicted of a sexual
offense listed in subdivision (e) or adjudged by the court to be a
person described by Section 601 or 602 of the Welfare and
Institutions Code as provided in Section 725 of the Welfare and
Institutions Code by reason of the commission of a sexual offense
listed in subdivision (e), the prosecutor or the prosecutor's
victim-witness assistance bureau shall advise the victim of his or
her right to receive the results of the blood test performed pursuant
to subdivision (a). The prosecutor or the prosecutor's
victim-witness assistance bureau shall refer the victim to the local
health officer for counseling to assist him or her in understanding
the extent to which the particular circumstances of the crime may or
may not have placed the victim at risk of transmission of human
immunodeficiency virus (HIV) from the accused, to ensure that the
victim understands the limitations and benefits of current tests for
HIV, and to assist the victim in determining whether he or she should
make the request.
(2) Notwithstanding any other law, upon the victim's request, the
local health officer shall be responsible for disclosing test results
to the victim who requested the test and the person who was tested.
However, as specified in subdivision (g), positive test results
shall not be disclosed to the victim or the person who was tested
without offering or providing professional counseling appropriate to
the circumstances as follows:
(A) To help the victim understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the perpetrator.
(B) To ensure that the victim understands both the benefits and
limitations of the current tests for HIV.
(C) To obtain referrals to appropriate health care and support
services.
(e) For purposes of this section, "sexual offense" includes any of
the following:
(1) Rape in violation of Section 261.
(2) Unlawful intercourse with a female under age 18 in violation
of Section 261.5.
(3) Rape of a spouse in violation of Section 262.
(4) Sodomy in violation of Section 286.
(5) Oral copulation in violation of Section 288a.
(6) Lewd or lascivious acts with a child in violation of Section
288, if the court finds that there is probable cause to believe that
blood, semen, or any other bodily fluid capable of transmitting HIV
has been transferred from
the defendant to the victim. For purposes of this paragraph, the
court shall note its finding on the court docket and minute order if
one is prepared.
(f) Any blood tested pursuant to subdivision (a) shall be
subjected to appropriate confirmatory tests to ensure accuracy of the
first test results, and under no circumstances shall test results be
transmitted to the victim or the person who is tested unless any
initially reactive test result has been confirmed by appropriate
confirmatory tests for positive reactors.
(g) The local health officer shall be responsible for disclosing
test results to the victim who requested the test and the person who
was tested. However, positive test results shall not be disclosed to
the victim or the person who was tested without offering or
providing professional counseling appropriate to the circumstances.
(h) The local health officer and the victim shall comply with all
laws and policies relating to medical confidentiality, subject to the
disclosure authorized by subdivisions (g) and (i).
(i) Any victim who receives information from the local health
officer pursuant to subdivision (g) may disclose the information as
he or she deems necessary to protect his or her health and safety or
the health and safety of his or her family or sexual partner.
(j) Any person who transmits test results or discloses information
pursuant to this section shall be immune from civil liability for
any action taken in compliance with this section.
SEC. 392. Section 1202.6 of the Penal Code is amended to read:
1202.6. (a) Notwithstanding Sections 120975, 120980, and 120990
of the Health and Safety Code, upon the first conviction of any
person for a violation of subdivision (b) of Section 647, the court
shall, before sentencing or as a condition of probation, order the
defendant to complete instruction in the causes and consequences of
acquired immune deficiency syndrome (AIDS) pursuant to subdivision
(d) and shall order the defendant to submit to testing for AIDS in
accordance with subdivision (e). In addition, the court shall refer
a defendant, where appropriate, to a program under Article 3.2
(commencing with Section 11320) of Chapter 2 of Part 3 of Division 9
of the Welfare and Institutions Code or to any drug diversion
program, or both.
(b) Upon a second or subsequent conviction of a violation of
subdivision (b) of Section 647, the court shall, before sentencing,
order the defendant to submit to testing for AIDS in accordance with
subdivision (e).
(c) At the sentencing hearing of a defendant ordered to submit to
testing for AIDS pursuant to subdivision (a) or (b), the court shall
furnish the defendant with a copy of the report submitted pursuant to
subdivision (e) and shall direct the clerk to note the receipt of
the report by the defendant in the records of the case.
If the results of the test described in the report are positive,
the court shall make certain that the defendant understands the
nature and meaning of the contents of the report and shall further
advise the defendant of the penalty established in Section 647f for a
subsequent violation of subdivision (b) of Section 647.
(d) The county health officer in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education. The county health officer shall endeavor to select an
agency, or agencies, that currently provide AIDS prevention education
programs to substance abusers or prostitutes. If no agency is
currently providing this education, the county agency responsible for
substance abuse shall develop an AIDS prevention education program
either within the agency or under contract with a community-based,
nonprofit organization in the county. The county health officer
shall forward to the courts a list of agencies selected for purposes
of referral.
An AIDS prevention education program providing services, at a
minimum, shall include details about the transmission of human
immunodeficiency virus (HIV), the etiologic agent for AIDS, symptoms
of AIDS or AIDS-related conditions, prevention through avoidance or
cleaning of needles, sexual practices that constitute high risk, low
risk, and no risk (including abstinence), and resources for
assistance if the person decides to take a test for the etiologic
agent for AIDS and receives a positive test result. The program also
shall include other relevant medical and prevention information as
it becomes available.
(e) The court shall order testing of every defendant as ordered
pursuant to subdivision (a) or (b) for evidence of antibodies to the
probable causative agent of acquired immune deficiency syndrome.
Notwithstanding Section 120980 of the Health and Safety Code, written
copies of the report on the test shall be furnished to both of the
following:
(1) The court in which the defendant is to be sentenced.
(2) The State Department of Health Services.
(f) Except as provided in subdivisions (c) and (g), the reports
required by subdivision (e) shall be confidential.
(g) The State Department of Health Services shall maintain the
confidentiality of the reports received pursuant to subdivision (e),
except that the department shall furnish copies of any report to a
district attorney upon request.
SEC. 393. Section 1524.1 of the Penal Code is amended to read:
1524.1. (a) The primary purpose of the testing and disclosure
provided in this section is to benefit the victim of a crime by
informing the victim whether the defendant is infected with the HIV
virus. It is also the intent of the Legislature in enacting this
section to protect the health of both victims of crime and those
accused of committing a crime. Nothing in this section shall be
construed to authorize mandatory testing or disclosure of test
results for the purpose of a charging decision by a prosecutor, nor,
except as specified in subdivisions (g) and (i), shall this section
be construed to authorize breach of the confidentiality provisions
contained in Chapter 7 (commencing with Section 120975) of Part 4 of
Division 105 of the Health and Safety Code.
(b) (1) Notwithstanding the provisions of Chapter 7 (commencing
with Section 120975) of Part 4 of Division 105 of the Health and
Safety Code, when a defendant has been charged by complaint,
information, or indictment with a crime, or a minor is the subject of
a petition filed in juvenile court alleging the commission of a
crime, the court, at the request of the victim, may issue a search
warrant for the purpose of testing the accused's blood with any HIV
test, as defined in Section 120775 of the Health and Safety Code only
under the following circumstances: when the court finds, upon the
conclusion of the hearing described in paragraph (3), or in those
cases in which a preliminary hearing is not required to be held, the
court also finds that there is probable cause to believe that the
accused committed the offense, and that there is probable cause to
believe that blood, semen, or any other body fluid identified by the
State Department of Health Services in appropriate regulations as
capable of transmitting the human immunodeficiency virus has been
transferred from the accused to the victim.
(2) Notwithstanding Chapter 7 (commencing with Section 120975) of
Part 4 of Division 105 of the Health and Safety Code, when a
defendant has been charged by complaint, information, or indictment
with a crime under Section 220, 261, 261.5, 262, 264.1, 286, 288,
288a, 288.5, 289, or 289.5, and is the subject of a police report
alleging the commission of a separate, uncharged offense that could
be charged under Section 220, 261, 261.5, 262, 264.1, 286, 288, 288a,
288.5, 289, or 289.5, or a minor is the subject of a petition filed
in juvenile court alleging the commission of a crime under Section
220, 261, 261.5, 262, 264.1, 286, 288, 288a, 288.5, 289, or 289.5,
and is the subject of a police report alleging the commission of a
separate, uncharged offense that could be charged under Section 220,
261, 261.5, 262, 264.1, 286, 288, 288a, 288.5, 289, or 289.5, the
court, at the request of the victim of the uncharged offense, may
issue a search warrant for the purpose of testing the accused's blood
with any HIV test, as defined in Section 120775 of the Health and
Safety Code only under the following circumstances: when the court
finds that there is probable cause to believe that the accused
committed the uncharged offense, and that there is probable cause to
believe that blood, semen, or any other body fluid identified by the
State Department of Health Services in appropriate regulations as
capable of transmitting the human immunodeficiency virus has been
transferred from the accused to the victim.
(3) (A) Prior to the issuance of a search warrant pursuant to
paragraph (1), the court, where applicable and at the conclusion of
the preliminary examination if the defendant is ordered to answer
pursuant to Section 872, shall conduct a hearing at which both the
victim and the defendant have the right to be present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (1) shall be admissible.
(B) Prior to the issuance of a search warrant pursuant to
paragraph (2), the court, where applicable, shall conduct a hearing
at which both the victim and the defendant are present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (2) shall be admissible.
(4) A request for a probable cause hearing made by a victim under
paragraph (2) shall be made before sentencing in the municipal or
superior court, or before disposition on a petition in a juvenile
court, of the criminal charge or charges filed against the defendant.
(c) (1) In all cases in which the person has been charged by
complaint, information, or indictment with a crime, or is the subject
of a petition filed in a juvenile court alleging the commission of a
crime, the prosecutor shall advise the victim of his or her right to
make this request. To assist the victim of the crime to determine
whether he or she should make this request, the prosecutor shall
refer the victim to the local health officer for prerequest
counseling to help that person understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the accused, to ensure
that the victim understands both the benefits and limitations of the
current tests for HIV, to help the victim decide whether he or she
wants to request that the accused be tested, and to help the victim
decide whether he or she wants to be tested.
(2) The Department of Justice, in cooperation with the California
District Attorneys Association, shall prepare a form to be used in
providing victims with the notice required by paragraph (1).
(d) If the victim decides to request HIV testing of the accused,
the victim shall request the issuance of a search warrant, as
described in subdivision (b).
Neither the failure of a prosecutor to refer or advise the victim
as provided in this subdivision, nor the failure or refusal by the
victim to seek or obtain counseling, shall be considered by the court
in ruling on the victim's request.
(e) The local health officer shall make provision for
administering all HIV tests ordered pursuant to subdivision (b).
(f) Any blood tested pursuant to subdivision (b) shall be
subjected to appropriate confirmatory tests to ensure accuracy of the
first test results, and under no circumstances shall test results be
transmitted to the victim or the accused unless any initially
reactive test result has been confirmed by appropriate confirmatory
tests for positive reactors.
(g) The local health officer shall have the responsibility for
disclosing test results to the victim who requested the test and to
the accused who was tested. However, no positive test results shall
be disclosed to the victim or to the accused without also providing
or offering professional counseling appropriate to the circumstances.
(h) The local health officer and victim shall comply with all laws
and policies relating to medical confidentiality subject to the
disclosure authorized by subdivisions (g) and (i). Any individual
who files a false report of sexual assault in order to obtain test
result information pursuant to this section shall, in addition to any
other liability under law, be guilty of a misdemeanor punishable as
provided in subdivision (c) of Section 120980 of the Health and
Safety Code. Any individual as described in the preceding sentence
who discloses test result information obtained pursuant to this
section shall also be guilty of an additional misdemeanor punishable
as provided for in subdivision (c) of Section 120980 of the Health
and Safety Code for each separate disclosure of that information.
(i) Any victim who receives information from the health officer
pursuant to subdivision (g) may disclose the test results as the
victim deems necessary to protect his or her health and safety or the
health and safety of his or her family or sexual partner.
(j) Any person transmitting test results or disclosing information
pursuant to this section shall be immune from civil liability for
any actions taken in compliance with this section.
(k) The results of any blood tested pursuant to subdivision (b)
shall not be used in any criminal proceeding as evidence of either
guilt or innocence.
SEC. 394. Section 3405 of the Penal Code is amended to read:
3405. No condition or restriction upon the obtaining of an
abortion by a prisoner, pursuant to the Therapeutic Abortion Act
(Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of
Division 106 of the Health and Safety Code), other than those
contained in that act, shall be imposed. Prisoners found to be
pregnant and desiring abortions, shall be permitted to determine
their eligibility for an abortion pursuant to law, and if determined
to be eligible, shall be permitted to obtain an abortion.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all female prisoners have
access.
SEC. 395. Section 4028 of the Penal Code is amended to read:
4028. No condition or restriction upon the obtaining of an
abortion by a female detained in any local detention facility,
pursuant to the Therapeutic Abortion Act (Article 2 (commencing with
Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health
and Safety Code), other than those contained in that act, shall be
imposed. Females found to be pregnant and desiring abortions shall
be permitted to determine their eligibility for an abortion pursuant
to law, and if determined to be eligible, shall be permitted to
obtain an abortion.
For the purposes of this section, "local detention facility" means
any city, county, or regional facility used for the confinement of
any female person for more than 24 hours.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all female prisoners have
access.
SEC. 396. Section 6031.1 of the Penal Code is amended to read:
6031.1. Inspections of local detention facilities shall be made
biennially. Inspections of privately operated work furlough
facilities and programs shall be made biennially unless the work
furlough administrator requests an earlier inspection. Inspections
shall include, but not be limited to, the following:
(a) Health and safety inspections conducted pursuant to Section
101045 of the Health and Safety Code.
(b) Fire suppression preplanning inspections by the local fire
department.
(c) Security, rehabilitation programs, recreation, treatment of
persons confined in the facilities, and personnel training by the
staff of the Board of Corrections.
Reports of each facility's inspection shall be furnished to the
official in charge of the local detention facility or, in the case of
a privately operated facility, the work furlough administrator, the
local governing body, the grand jury, and the presiding or sole judge
of the superior court in the county where the facility is located.
These reports shall set forth the areas wherein the facility has
complied and has failed to comply with the minimum standards
established pursuant to Section 6030.
SEC. 397. Section 7504 of the Penal Code is amended to read:
7504. Actions taken pursuant to this title shall not be subject
to subdivisions (a) to (c), inclusive, of Section 120980 of the
Health and Safety Code. In addition, the requirements of subdivision
(a) of Section 120990 of the Health and Safety Code, shall not apply
to testing performed pursuant to this title.
SEC. 397.1. Section 11105 of the Penal Code, as amended by Chapter
806 of the Statutes of 1995, is amended to read:
11105. (a) (1) The Department of Justice shall maintain state
summary criminal history information.
(2) As used in this section:
(A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and of Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state as defined in Section 830.1,
subdivisions (a), (b), and (f) of Section 830.2, subdivision (a) of
Section 830.3, subdivisions (a) and (b) of Section 830.5, and
subdivision (a) of Section 830.31.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) Parole officers of the state.
(7) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(8) A public defender or attorney of record when representing a
person in a criminal case and if authorized access by statutory or
decisional law.
(9) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct.
(10) Any city or county, or city and county, or district, or any
officer, or official thereof if access is needed in order to assist
that agency, officer, or official in fulfilling employment,
certification, or licensing duties, and if the access is specifically
authorized by the city council, board of supervisors, or governing
board of the city, county, or district if the criminal history
information is required to implement a statute, ordinance, or
regulation that expressly refers to specific criminal conduct
applicable to the subject person of the state summary criminal
history information, and contains requirements or exclusions, or
both, expressly based upon that specified criminal conduct.
(11) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120), Chapter 1, Title 1 of Part 4.
(12) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
(13) Health officers of a city, county, or city and county, or
district, when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(15) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 607f
of the Civil Code for the appointment of level 1 humane officers.
(c) The Attorney General may furnish state summary criminal
history information upon a showing of a compelling need to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and of Section
432.7 of the Labor Code shall apply:
(1) Any public utility as defined in Section 216 of the Public
Utilities Code that operates a nuclear energy facility when access is
needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers (other than peace officers) of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility as defined in Section 216 of the Public
Utilities Code, if access is needed in order to assist in employing
current or prospective employees who in the course of their
employment may be seeking entrance to private residences. The
information provided shall be limited to the record of convictions
and any arrest for which the person is released on bail or on his or
her own recognizance pending trial.
If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
Any information obtained from the state summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The state summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed not
more than 30 days after employment or promotion or transfer is
denied or granted, except for those cases where a current or
prospective employee is out on bail or on his or her own recognizance
pending trial, in which case the state summary criminal history
information and all copies shall be destroyed not more than 30 days
after the case is resolved.
A violation of this paragraph is a misdemeanor, and shall give the
current or prospective employee who is injured by the violation a
cause of action against the public utility to recover damages
proximately caused by the violations. Any public utility's request
for state summary criminal history information for purposes of
employing current or prospective employees who may be seeking
entrance to private residences in the course of their employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request state summary criminal history
information on any current or prospective employees.
(10) To any campus of the California State University or the
University of California, or any four-year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may
require the convicted felon to be fingerprinted, and any inquiry to
the department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person
or entity making the request a fee that it determines to be
sufficient to reimburse the department for the cost of furnishing the
information. In addition, the Department of Justice may add a
surcharge to the fee to fund maintenance and improvements to the
systems from which the information is obtained. Notwithstanding any
other law, any person or entity required to pay a fee to the
department for information received under this section may charge the
applicant a fee sufficient to reimburse the person or entity for
this expense. All moneys received by the department pursuant to this
section, Sections 11105.3 and 12054 of the Penal Code, and Section
13588 of the Education Code shall be deposited in a special account
in the General Fund to be available for expenditure by the department
to offset costs incurred pursuant to those sections and for
maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7514 of the Business and Professions Code shall
take priority over the processing of applicant fingerprints.
(g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
SEC. 397.2. Section 11165.13 of the Penal Code is amended to read:
11165.13. For purposes of this article, a positive toxicology
screen at the time of the delivery of an infant is not in and of
itself a sufficient basis for reporting child abuse or neglect.
However, any indication of maternal substance abuse shall lead to an
assessment of the needs of the mother and child pursuant to Section
123605 of the Health and Safety Code. If other factors are present
that indicate risk to a child, then a report shall be made. However,
a report based on risk to a child which relates solely to the
inability of the parent to provide the child with regular care due to
the parent's substance abuse shall be made only to county welfare
departments and not to law enforcement agencies.
SEC. 397.3. Section 14202 of the Penal Code is amended to read:
14202. (a) The Attorney General shall establish and maintain
within the center an investigative support unit and an automated
violent crime method of operation system to facilitate the
identification and apprehension of persons responsible for murder,
kidnap, including parental abduction, false imprisonment, or sexual
assault. This unit shall be responsible for identifying perpetrators
of violent felonies collected from the center and analyzing and
comparing data on missing persons in order to determine possible
leads which could assist local law enforcement agencies. This unit
shall only release information about active investigations by police
and sheriffs' departments to local law enforcement agencies.
(b) The Attorney General shall make available to the investigative
support unit files organized by category of offender or victim and
shall seek information from other files as needed by the unit. This
set of files may include, among others, the following:
(1) Missing or unidentified, deceased persons dental files filed
pursuant to this title or Section 102870 of the Health and Safety
Code.
(2) Child abuse reports filed pursuant to Section 11169.
(3) Sex offender registration files maintained pursuant to Section
290.
(4) State summary criminal history information maintained pursuant
to Section 11105.
(5) Information obtained pursuant to the parent locator service
maintained pursuant to Section 11478.5 of the Welfare and
Institutions Code.
(6) Information furnished to the Department of Justice pursuant to
Section 11107.
(7) Other Attorney General's office files as requested by the
investigative support unit.
This section shall become operative on July 1, 1989.
SEC. 398. Section 2356 of the Probate Code is amended to read:
2356. (a) No ward or conservatee may be placed in a mental health
treatment facility under this division against the will of the ward
or conservatee. Involuntary civil placement of a ward or conservatee
in a mental health treatment facility may be obtained only pursuant
to Chapter 2 (commencing with Section 5150) or Chapter 3 (commencing
with Section 5350) of Part 1 of Division 5 of the Welfare and
Institutions Code. Nothing in this subdivision precludes the placing
of a ward in a state hospital under Section 6000 of the Welfare and
Institutions Code upon application of the guardian as provided in
that section. The Director of Mental Health shall adopt and issue
regulations defining "mental health treatment facility" for the
purposes of this subdivision.
(b) No experimental drug as defined in Section 111515 of the
Health and Safety Code may be prescribed for or administered to a
ward or conservatee under this division. Such an experimental drug
may be prescribed for or administered to a ward or conservatee only
as provided in Article 4 (commencing with Section 111515) of Chapter
6 of Part 5 of Division 104 of the Health and Safety Code.
(c) No convulsive treatment as defined in Section 5325 of the
Welfare and Institutions Code may be performed on a ward or
conservatee under this division. Convulsive treatment may be
performed on a ward or conservatee only as provided in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code.
(d) No minor may be sterilized under this division.
(e) This chapter is subject to any of the following instruments if
valid and effective:
(1) A directive of the conservatee under Chapter 3.9 (commencing
with Section 7185) of Part 1 of Division 7 of the Health and Safety
Code (Natural Death Act).
(2) A power of attorney for health care, whether or not a durable
power of attorney.
SEC. 399. Section 3211 of the Probate Code is amended to read:
3211. (a) No person may be placed in a mental health treatment
facility under the provisions of this part.
(b) No experimental drug as defined in Section 111515 of the
Health and Safety Code may be prescribed for or administered to any
person under this part.
(c) No convulsive treatment as defined in Section 5325 of the
Welfare and Institutions Code may be performed on any person under
this part.
(d) No person may be sterilized under this part.
(e) The provisions of this part are subject to any of the
following instruments if valid and effective:
(1) A directive of the patient under Chapter 3.9 (commencing with
Section 7185) of Part 1 of Division 7 of the Health and Safety Code
(Natural Death Act).
(2) A power of attorney for health care, whether or not a durable
power of attorney.
SEC. 400. Section 5144 of the Probate Code is amended to read:
5144. "Proof of death" includes any of the following:
(a) An original or attested or certified copy of a death
certificate.
(b) A record or report that is prima facie evidence of death under
Section 103550 of the Health and Safety Code, Sections 1530 to 1532,
inclusive, of the Evidence Code, or another statute of this state.
SEC. 401. Section 5099.7 of the Public Resources Code is amended
to read:
5099.7. The director, after receiving a report from the health
officer pursuant to subdivision (c) of Section 115885 of the Health
and Safety Code, shall withhold any funds that are received on or
after the effective date of this section from any local agency or
subdivision of the state in which a public beach is located and that
is in violation of the standards established pursuant to Section
115880 of the Health and Safety Code. The director may disburse any
of those funds to the local agency or subdivision only when he or she
determines the standards established pursuant to Section 115880 of
the Health and Safety Code are being complied with.
SEC. 402. Section 21151.1 of the Public Resources Code, as amended
by Chapter 861 of the Statutes of 1995, is amended to read:
21151.1. (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for any project involving any of the following:
(1) (A) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
(i) The construction of a new facility.
(ii) The expansion of an existing facility that burns hazardous
waste that would increase its permitted capacity by more than 10
percent.
(B) This paragraph does not apply to any project exclusively
burning hazardous waste, for which a final determination under
Section 21080.1 has been made prior to July 14, 1989.
(2) The initial issuance of a hazardous waste facilities permit to
a land disposal facility, as defined in subdivision (d) of Section
25199.1 of the Health and Safety Code.
(3) The initial issuance of a hazardous waste facilities permit
pursuant to Section 25200 of the Health and Safety Code to an offsite
large treatment facility, as defined pursuant to subdivision (d) of
Section 25205.1 of the Health and Safety Code.
(4) A base reuse plan as defined in Section 21083.8 or 21083.8.1.
The Legislature hereby finds that no reimbursement is required
pursuant to Section 6 of Article XIIIB of the California Constitution
for an environmental impact report for a base reuse plan if an
environmental impact report is otherwise required for that base reuse
plan pursuant to any other provision of this division.
(b) For purposes of clause (ii) of subparagraph (A) of
subparagraph (B) of paragraph (1) of subdivision (a), the amount of
expansion of an existing facility shall be calculated by comparing
the proposed facility capacity with whichever of the following is
applicable:
(1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(c) For purposes of paragraphs (2) and (3) of subdivision (a), the
initial issuance of a hazardous waste facilities permit does not
include the issuance of a closure or postclosure permit pursuant to
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(d) Paragraph (1) of subdivision (a) does not apply to any project
that does any of the following:
(1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
(2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, that is used only for the disposal of
solid waste, as defined in Section 40191.
(3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
(4) Exclusively burns hazardous waste in an incineration unit that
is transportable and that is either at a site for not longer than
three years or is part of a remedial or removal action. For purposes
of this paragraph, "transportable" means any equipment that performs
a "treatment" as defined in Section 66216 of Title 22 of the
California Code of Regulations, and that is transported on a vehicle
as defined in Section 66230 of Title 22 of the California Code of
Regulations.
(5) Exclusively burns refinery waste in a flare on the site of
generation.
(6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
(7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project that, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and that is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process; provided, however, that
any facility that operated as a research, development, or
demonstration project and for which an application is thereafter
submitted for a hazardous waste facility permit for operation other
than as a research, development, or demonstration project shall be
considered a new facility for the burning of hazardous waste and
shall be subject to subdivision (a) of Section 21151.1.
(8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
(9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
(10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 117690 of the Health and Safety Code, on
hospital sites.
(11) Exclusively burns chemicals and fuels as part of firefighter
training.
(12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with OSHA and Cal-OSHA
regulations.
(13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
(14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
(e) Paragraph (1) of subdivision (a) does not apply to any project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
(f) Paragraphs (2) and (3) of subdivision (a) shall not apply if
the facility only manages hazardous waste that is identified or
listed pursuant to Section 25140 or 25141 on or after January 1,
1992, but not before that date, or only conducts activities that are
regulated pursuant to Chapter 6.5 (commencing with Section 25100) of
Division 20 of the Health and Safety Code on or after January 1,
1992, but not before that date.
(g) This section does not exempt any project from any other
requirement of this division.
(h) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.
SEC. 403. Section 40191 of the Public Resources Code is amended to
read:
40191. (a) Except as provided in subdivision (b), "solid waste"
means all putrescible and nonputrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge that is not
hazardous waste, manure, vegetable or animal solid and semisolid
wastes, and other discarded solid and semisolid wastes.
(b) "Solid waste" does not include hazardous waste or low-level
radioactive waste regulated under Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code.
(c) "Solid waste" does not include medical waste that is regulated
pursuant to the Medical Waste Management Act (Part 14 (commencing
with Section 117600) of Division 104 of the Health and Safety Code).
Untreated medical waste shall not be disposed of in a solid waste
landfill, as defined in Section 46027. Medical waste that has been
treated and that is deemed to be solid waste shall be regulated
pursuant to this division.
SEC. 404. Section 42290 of the Public Resources Code is amended to
read:
42290. For purposes of this chapter, the following terms have the
following meaning:
(a) "Manufacturer" means a person who manufactures plastic trash
bags for sale in this state.
(b) (1) "Plastic trash bag" means a bag that is manufactured for
intended use as a container to hold, store, or transport materials to
be discarded, composted, or recycled, including, but not limited to,
garbage bags, composting bags, lawn and leaf bags, can-liner bags,
kitchen bags, compactor bags, and recycling bags.
(2) A plastic trash bag does not include a grocery sack or any
other bag that is manufactured for intended use as a container to
hold, store, or transport food.
(3) A plastic trash bag does not include any plastic bag that is
used for the purpose of containing either of the following wastes:
(A) "Hazardous waste," as defined in Section 25117 of the Health
and Safety Code.
(B) "Medical waste," as defined in Section 117690 of the Health
and Safety Code.
(c) "Postconsumer material" means a finished product that would
normally be disposed of as solid waste, having completed its intended
end-use and product life cycle. "Postconsumer material" does not
include manufacturing and fabrication scrap.
(d) "Wholesaler" means any person who purchases plastic trash bags
from a manufacturer for resale in this state.
SEC. 405. Section 43020 of the Public Resources Code is amended to
read:
43020. The board shall adopt and revise regulations which set
forth minimum standards for solid waste handling, transfer,
composting, transformation, and disposal, in accordance with this
division, and Section 117590 of, and Chapter 6.5 (commencing with
Section 25100) of Division 20 of, the Health and Safety Code. The
board shall not include any requirements that are already under the
authority of the State Air Resources Board for the prevention of air
pollution or of the state water board for the prevention of water
pollution.
SEC. 406. Section 43210 of the Public Resources Code is amended to
read:
43210. For those facilities which accept only hazardous wastes,
or which accept only low-level radioactive wastes, or facilities that
only accept both, and to which Chapter 6.5 (commencing with Section
25100) or Chapter 8 (commencing with Section 114960) of Part 9 of
Division 104 of the Health and Safety Code apply, the board and the
enforcement agency have no enforcement or regulatory authority. All
enforcement activities for the facilities relative to the control of
hazardous wastes or low-level radioactive wastes shall be performed
by the State Department of Health Services pursuant to Article 8
(commencing with Section 25180) of Chapter 6.5 or Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the
Health and Safety Code.
SEC. 407. Section 43211 of the Public Resources Code is amended to
read:
43211. (a) For those facilities that accept both hazardous wastes
and other solid wastes, the State Department of Health Services
shall exercise enforcement and regulatory powers relating to the
control of the hazardous wastes at the facility pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code. The board and the enforcement agency shall, at solid
waste disposal facilities, exercise enforcement and regulatory powers
relating to the control of solid wastes and asbestos containing
waste, as provided in Section 44820.
(b) For purposes of this section, "asbestos containing waste"
means waste that contains more than 1 percent by weight, of asbestos
that is either friable or nonfriable.
SEC. 408. Section 43308 of the Public Resources Code is amended to
read:
43308. For those facilities that accept only hazardous wastes and
to which Chapter 6.5 (commencing with Section 25100) of Division 20
and Part 14 (commencing with Section 117600) of Division 104 of the
Health and Safety Code apply, or that accept only low-level
radioactive wastes and to which Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code
applies, or for those facilities that accept both, the board shall
have no enforcement or regulatory authority. Except as otherwise
provided in Section 40052, all enforcement activities for those
facilities relative to the control of hazardous wastes or low-level
radioactive wastes shall be performed by the State Department of
Health Services pursuant to Article 8 (commencing with Section 25180)
of Chapter 6.5 or pursuant to Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code.
SEC. 409. Section 44103 of the Public Resources Code is amended to
read:
44103. (a) For those facilities that accept only hazardous
wastes, or that accept only low-level radioactive wastes, or that
accept both, a solid waste facilities permit issued by the
enforcement agency is not required. A single hazardous waste
facilities permit or low-level radioactive waste facilities permit
issued by the State Department of Health Services pursuant to Article
9 (commencing with Section 25200) of Chapter 6.5 or Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the
Health and Safety Code shall be the only waste facilities permit or
permits necessary for the use and operation of hazardous waste or
low-level radioactive waste disposal facilities.
(b) For those facilities that accept both hazardous wastes and
other solid wastes, two permits shall be required, as follows:
(1) The hazardous waste facilities permit issued by the State
Department of Health Services pursuant to Article 9 (commencing with
Section 25200) of Division 20 of the Health and Safety Code.
(2) The solid waste facilities permit issued by the enforcement
agency pursuant to this chapter.
(c) Nothing in this section limits or supersedes any other permit
or licensing requirements imposed by other provisions of law.
SEC. 410. Section 770 of the Public Utilities Code is amended to
read:
770. The commission may after hearing:
(a) Ascertain and fix just and reasonable standards,
classifications, regulations, practices, measurements, or service to
be furnished, imposed, observed, and followed by all electrical, gas,
water, and heat corporations.
(b) Ascertain and fix adequate and serviceable standards for the
measurement of quantity, quality, pressure, or other condition
pertaining to the supply of the product, commodity, or service
furnished or rendered by any such public utility. No standard of the
commission applicable to any water corporation shall be inconsistent
with the regulations and standards of the State Department of Health
pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code.
(c) Prescribe reasonable regulations for the examination and
testing of the product, commodity, or service and for the measurement
thereof.
(d) Establish reasonable rules, specifications, and standards to
secure the accuracy of all meters and appliances for measurements.
The commission shall require a public utility that estimates meter
readings to so indicate on its billings, and shall require any
estimate that is incorrect to be corrected by the next billing
period, except that for reasons beyond its control due to weather, or
in cases of unusual conditions, corrections for any overestimate or
underestimate shall be reflected on the first regularly scheduled
bill and based on an actual reading following the period of
inaccessibility.
(e) Provide for the examination and testing of any and all
appliances used for the measurement of any product, commodity, or
service of any such public utility.
SEC. 411. Section 12814 of the Public Utilities Code is amended to
read:
12814. A district may add fluorine or fluorine compounds to the
water supply of the district only if the voters of the district have
approved the addition of the fluorine and fluorine compounds to the
water supply. If a majority of the voters of a district voting upon
the proposition at an election called and held as prescribed in
Section 12815 have voted in favor of the addition of fluorine and
fluorine compounds to the water supply of the district, the district
shall, subject to Article 1 (commencing with Section 116275), of
Chapter 4 of Part 12 of Division 104 of, and Sections 116325, 116340,
116345, and 116500 of, the Health and Safety Code, add to water
intended for consumption or use by the public, including domestic,
industrial, and other uses, fluorine and fluorine compounds.
SEC. 412. Section 12821 of the Public Utilities Code is amended to
read:
12821. (a) Notwithstanding Section 117070 or 117120 of the Health
and Safety Code, any violation of a rule or regulation of a district
adopted pursuant to Section 117060 or 117105 of the Health and
Safety Code shall be a misdemeanor unless the district by
ordinance declares the
violations to be an infraction.
(b) Every violation declared an infraction pursuant to subdivision
(a) shall be punishable by (1) a fine not exceeding fifty dollars
($50) for a first violation; (2) a fine not exceeding one hundred
dollars ($100) for a second violation of the same ordinance within
one year; and (3) a fine not exceeding two hundred fifty dollars
($250) for each additional violation of the same ordinance within one
year.
SEC. 413. Section 6074 of the Revenue and Taxation Code is amended
to read:
6074. (a) When the board determines it is necessary for the
efficient administration of this part, the board may, by written
notice, require any person making sales to operators of catering
trucks, operated out of that person's facility pursuant to Section
114295 of the Health and Safety Code, who resell the property in the
regular course of his or her business, to obtain evidence that the
operator is the holder of a valid seller's permit issued pursuant to
Section 6067.
At any time as the board may specify in a written notice, but in
no case more than three times in a calendar year, the board may
require a person making sales to operators of catering trucks to
submit to the board a listing of operators of catering trucks who
purchase goods from that person. Each listing shall be provided to
the board within 30 days after the date of the board's notice, and
shall include the name and seller's permit number on file of each
operator, or, for those operators who do not provide evidence of a
valid seller's permit, the operator's name, address, and telephone
number.
The board may also, by written notice, require a person making
sales to operators of catering trucks to promptly notify the board if
a newly purchasing operator does not provide to the person, within
30 days of the date of the first purchase, evidence of a valid seller'
s permit.
Persons required by written notice of the board to obtain
evidence, or provide a listing or notification, who fail to comply,
may be subject to a penalty not to exceed five hundred dollars ($500)
for each failure.
(b) Persons making sales to operators of catering trucks who do
not have valid seller's permits or whose permits have been revoked
shall report and pay the tax on property as if the property were sold
at retail at the time of the sale. Nothing in this section shall
relieve any operator of a catering truck of his or her obligations as
a seller under this part.
(c) If the board finds that a person's failure to comply with this
section is due to reasonable cause and circumstances beyond the
person's control, and occurred notwithstanding the exercise of
ordinary care and the absence of willful neglect, the person may be
relieved of the penalty imposed by this section.
Any person seeking to be relieved of the penalty shall file with
the board a statement under penalty of perjury setting forth the
facts upon which he or she bases his or her claim for relief.
SEC. 414. Section 30461.6 of the Revenue and Taxation Code is
amended to read:
30461.6. (a) Notwithstanding Section 30461, the board shall
transmit the revenue derived from the increase in the cigarette tax
rate of one mill ($0.001) per cigarette imposed by Section 30101 on
and after January 1, 1994, to the Treasurer to be deposited in the
State Treasury to the credit of the Breast Cancer Fund, which fund is
hereby created. The Breast Cancer Fund shall consist of two
accounts: the Breast Cancer Research Account and the Breast Cancer
Control Account. The revenues deposited in the fund shall be divided
equally between the two accounts.
(b) The moneys in the accounts within the Breast Cancer Fund
shall, upon appropriation by the Legislature, be allocated as
follows:
(1) The moneys in the Breast Cancer Research Account shall be
allocated for research with respect to the cause, cure, treatment,
earlier detection, and prevention of breast cancer as follows:
(A) Ten percent to the Cancer Surveillance Section of the State
Department of Health Services for the collection of breast
cancer-related data and the conduct of breast cancer-related
epidemiological research by the state cancer registry established
pursuant to Section 103885 of the Health and Safety Code.
(B) Ninety percent to the Breast Cancer Research Program, that is
hereby created at the University of California, for the awarding of
grants and contracts to researchers for research with respect to the
cause, cure, treatment, prevention, and earlier detection of breast
cancer and with respect to the cultural barriers to accessing the
health care system for early detection and treatment of breast
cancer.
(2) The moneys in the Breast Cancer Control Account shall be
allocated to the Breast Cancer Control Program, that is hereby
created for the provision of early breast cancer detection services
for uninsured and underinsured women. The Breast Cancer Control
Program shall be established in the State Department of Health
Services and shall be administered in coordination with the breast
and cervical cancer control program established pursuant to Public
Law 101-354.
(c) The early breast cancer detection services provided by the
Breast Cancer Control Program shall include all of the following:
(1) Screening, including mammography, of women for breast cancer
as an early detection health care measure.
(2) After screening, medical referral of screened women and
services necessary for definitive diagnosis, including
nonradiological techniques or biopsy.
(3) If a positive diagnosis is made, then assistance and advocacy
shall be provided to help the person obtain necessary treatment.
(4) Outreach and health education activities to ensure that
uninsured and underinsured women are aware of and appropriately
utilize the services provided by the Breast Cancer Control Program.
(d) Any entity funded by the Breast Cancer Control Program shall
coordinate with other local providers of breast cancer screening,
diagnostic, followup, education, and advocacy services to avoid
duplication of effort. Any entity funded by the program shall comply
with any applicable state and federal standards regarding
mammography quality assurance.
(e) Administrative costs of the State Department of Health
Services shall not exceed 10 percent of the funds allocated to the
Breast Cancer Control Program created pursuant to paragraph (2) of
subdivision (b). Indirect costs of the entities funded by this
program shall not exceed 12 percent. The department shall define
"indirect costs" in accordance with applicable state and federal law.
(f) Any entity funded by the Breast Cancer Control Program shall
collect data and maintain records that are determined by the State
Department of Health Services to be necessary to facilitate the state
department's ability to monitor and evaluate the effectiveness of
the entities and the program. Commencing with the program's second
year of operation, the State Department of Health Services shall
submit an annual report to the Legislature and any other appropriate
entity. The costs associated with this report shall be paid from the
allocation made pursuant to paragraph (2) of subdivision (b). The
report shall describe the activities and effectiveness of the program
and shall include, but not be limited to, the following types of
information regarding those served by the program:
(1) The number.
(2) The ethnic, geographic, and age breakdown.
(3) The stages of presentation.
(4) The diagnostic and treatment status.
(g) The Breast Cancer Control Program shall be conducted in
consultation with the Breast Cancer Research Program created pursuant
to subparagraph (B) of paragraph (1) of subdivision (b).
(h) In implementing the Breast Cancer Control Program, the State
Department of Health Services may appoint and consult with an
advisory panel appointed by the State Director of Health Services and
consisting of one ex officio, nonvoting member from the Breast
Cancer Research Program, breast cancer researchers, and
representatives from voluntary, nonprofit health organizations,
health care professional organizations, breast cancer survivor
groups, and breast cancer and health care-related advocacy groups.
It is the intent of the Legislature that breast cancer-related
survivors and advocates and health advocates for low-income women
compose at least one-third of the advisory panel. It is also the
intent of the Legislature that the State Department of Health
Services collaborate closely with the panel.
(i) It is the intent of the Legislature in enacting the Breast
Cancer Control Program to decrease cancer mortality rates
attributable to breast cancer among uninsured and underinsured women,
with special emphasis on low-income, Native American, and minority
women. It is also the intent of the Legislature that the communities
served by the Breast Cancer Control Program reflect the ethnic,
racial, cultural, and geographic diversity of the state and that the
Breast Cancer Control Program fund entities where uninsured and
underinsured women are most likely to seek their health care.
(j) The State Department of Health Services or any entity funded
by the Breast Cancer Control Program shall collect personal and
medical information necessary to administer this program from any
individual applying for services under the program. The information
shall be confidential and shall not be disclosed other than for
purposes directly connected with the administration of this program
or except as otherwise provided by law or pursuant to prior written
consent of the subject of the information.
The State Department of Health Services or any entity funded by
the Breast Cancer Control Program may disclose the confidential
information to medical personnel and fiscal intermediaries of the
state to the extent necessary to administer this program, and to
other state public health agencies or medical researchers when the
confidential information is necessary to carry out the duties of
those agencies or researchers in the investigation, control, or
surveillance of breast cancer.
(k) The State Department of Health Services shall adopt
regulations to implement this act in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The initial adoption of implementing regulations shall be deemed an
emergency and shall be considered as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare, within the meaning of Section 11346.1. Emergency
regulations adopted pursuant to this section shall remain in effect
for no more than 180 days.
(l) It is the intent of the Legislature in enacting this section
that this section supersede and be operative in place of Section
30461.6 of the Revenue and Taxation Code as added by Assembly Bill
478 of the 1993-94 Regular Session.
SEC. 415. Section 43012 of the Revenue and Taxation Code is
amended to read:
43012. For purposes of this part, "taxpayer" means any person
liable for the payment of a fee or a tax specified in subdivision (a)
of Section 25174 of the Health and Safety Code or subdivision (e) of
Section 25221 of the Health and Safety Code, or imposed by Section
105310 or 25174.1 of the Health and Safety Code.
SEC. 416. Section 43056 of the Revenue and Taxation Code is
amended to read:
43056. The fee imposed pursuant to Section 105190 of the Health
and Safety Code shall be administered and collected by the board in
accordance with this part.
SEC. 417. Section 43057 of the Revenue and Taxation Code is
amended to read:
43057. The fee imposed pursuant to Section 105310 of the Health
and Safety Code shall be administered and collected by the board in
accordance with this part.
SEC. 418. Section 43101 of the Revenue and Taxation Code is
amended to read:
43101. Every person, as defined in Section 25118 of the Health
and Safety Code, who is subject to the fees specified in subdivision
(a) of Section 25174 of the Health and Safety Code, Section 25174.1,
25205.14, or 105190 of the Health and Safety Code, or subject to the
surcharge imposed pursuant to Section 25205.9 of the Health and
Safety Code shall register with the board on forms provided by the
board.
SEC. 419. Section 43152.13 of the Revenue and Taxation Code is
amended to read:
43152.13. (a) The fee imposed pursuant to Section 105190 of the
Health and Safety Code, that is collected and administered under
Section 43056, is due and payable on the last day of the second month
following the end of the calendar year.
(b) Every employer subject to the fee imposed pursuant to Section
105190 of the Health and Safety Code shall, on forms provided by the
board, file an annual return and pay the proper amount of fee due.
SEC. 420. Section 43152.14 of the Revenue and Taxation Code is
amended to read:
43152.14. The fee imposed pursuant to Section 105310 of the
Health and Safety Code, that is collected and administered under
Section 43057, is due and payable on or before April 1 of each year
for the previous calendar year.
SEC. 421. Section 165.5 of the Vehicle Code is amended to read:
165.5. No act or omission of any rescue team operating in
conjunction with an authorized emergency vehicle as defined in
Section 165, while attempting to resuscitate any person who is in
immediate danger of loss of life, shall impose any liability upon the
rescue team or the owners or operators of any authorized emergency
vehicle, if good faith is exercised.
For the purposes of this section, "rescue team" means a special
group of physicians and surgeons, nurses, volunteers, or employees of
the owners or operators of the authorized emergency vehicle who have
been trained in cardiopulmonary resuscitation and have been
designated by the owners or operators of the emergency vehicle to
attempt to resuscitate persons who are in immediate danger of loss of
life in cases of emergency.
This section shall not relieve the owners or operators of any
other duty imposed upon them by law for the designation and training
of members of a rescue team or for any provisions regarding
maintenance of equipment to be used by the rescue team.
Members of a rescue team shall receive the training in a program
approved by, or conforming to, standards prescribed by an emergency
medical care committee established pursuant to Article 3 (commencing
with Section 1797.270) of Chapter 4 of Division 2.5 of the Health and
Safety Code, or a voluntary area health planning agency established
pursuant to Section 127155 of the Health and Safety Code.
SEC. 422. Section 353 of the Vehicle Code is amended to read:
353. "Hazardous material" is any substance, material, or device
posing an unreasonable risk to health, safety, or property during
transportation, as defined by regulations adopted pursuant to Section
2402.7. "Hazardous material" includes explosives and hazardous
wastes or substances as defined by regulations adopted pursuant to
Section 25141 of the Health and Safety Code and medical wastes, as
defined in Section 117690 of the Health and Safety Code.
SEC. 423. Section 2401.1 of the Vehicle Code is amended to read:
2401.1. The commissioner may enforce those provisions relating to
the transportation of hazardous waste found in Article 6 (commencing
with Section 25160), Article 6.5 (commencing with Section 25167.1),
and Article 8 (commencing with Section 25180), of Chapter 6.5 of
Division 20 of the Health and Safety Code, pursuant to subdivision
(d) of Section 25180 of the Health and Safety Code and the provisions
relating to the transportation of medical waste found in Chapter 6
(commencing with Section 118000) of, and Chapter 10 (commencing with
Section 118325) of, Part 14 of Division 104 of the Health and Safety
Code.
SEC. 424. Section 2452 of the Vehicle Code is amended to read:
2452. "Hazardous substance" means any hazardous material defined
in Section 353 and any toxic substance defined pursuant to Section
108145 of the Health and Safety Code.
SEC. 425. Section 20017 of the Vehicle Code is amended to read:
20017. Any peace officer who knows, or has reasonable cause to
believe, that a pesticide has been spilled or otherwise accidentally
released, shall report the spill as required in Section 105215 of the
Health and Safety Code.
SEC. 426. Section 27903 of the Vehicle Code is amended to read:
27903. Subject to Section 114765 of the Health and Safety Code,
any vehicle transporting any explosive, blasting agent, flammable
liquid, flammable solid, oxidizing material, corrosive, compressed
gas, poison, radioactive material, or other hazardous materials, of
the type and in quantities that require the display of placards or
markings on the vehicle exterior by the United States Department of
Transportation regulations (49 C.F.R., Parts 172, 173, and 177),
shall display the placards and markings in the manner and under
conditions prescribed by those regulations of the United States
Department of Transportation.
This section does not apply if the vehicles are transporting not
more than 20 pounds of smokeless powder or not more than five pounds
of black sporting powder or any combination thereof.
SEC. 427. Section 33000 of the Vehicle Code is amended to read:
33000. Subject to the provisions of Section 114765 of the Health
and Safety Code, the Department of the California Highway Patrol,
after consulting with the State Department of Health Services, shall
adopt regulations specifying the time that shipments may occur and
the routes that are to be used in the transportation of cargoes of
hazardous radioactive materials, as are defined in regulations of the
State Department of Health Services.
SEC. 428. Section 10617 of the Water Code is amended to read:
10617. "Urban water supplier" means a supplier, either publicly
or privately owned, providing water for municipal purposes either
directly or indirectly to more than 3,000 customers or supplying more
than 3,000 acre-feet of water annually. An urban water supplier
includes a supplier or contractor for water, regardless of the basis
of right, which distributes or sells for ultimate resale to
customers. This part applies only to water supplied from public
water systems subject to Chapter 4 (commencing with Section 116275)
of Part 12 of Division 104 of the Health and Safety Code.
SEC. 429. Section 13050 of the Water Code, as amended by Chapter
847 of the Statutes of 1995, is amended to read:
13050. As used in this division:
(a) "State board" means the State Water Resources Control Board.
(b) "Regional board" means any California regional water quality
control board for a region as specified in Section 13200.
(c) "Person" includes any city, county, district, the state, and
the United States, to the extent authorized by federal law.
(d) "Waste" includes sewage and any and all other waste
substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any
producing, manufacturing, or processing operation, including waste
placed within containers of whatever nature prior to, and for
purposes of, disposal.
(e) "Waters of the state" means any surface water or groundwater,
including saline waters, within the boundaries of the state.
(f) "Beneficial uses" of the waters of the state that may be
protected against quality degradation include, but are not limited
to, domestic, municipal, agricultural and industrial supply; power
generation; recreation; aesthetic enjoyment; navigation; and
preservation and enhancement of fish, wildlife, and other aquatic
resources or preserves.
(g) "Quality of the water" refers to chemical, physical,
biological, bacteriological, radiological, and other properties and
characteristics of water which affect its use.
(h) "Water quality objectives" means the limits or levels of water
quality constituents or characteristics which are established for
the reasonable protection of beneficial uses of water or the
prevention of nuisance within a specific area.
(i) "Water quality control" means the regulation of any activity
or factor which may affect the quality of the waters of the state and
includes the prevention and correction of water pollution and
nuisance.
(j) "Water quality control plan" consists of a designation or
establishment for the waters within a specified area of all of the
following:
(1) Beneficial uses to be protected.
(2) Water quality objectives.
(3) A program of implementation needed for achieving water quality
objectives.
(k) "Contamination" means an impairment of the quality of the
waters of the state by waste to a degree which creates a hazard to
the public health through poisoning or through the spread of disease.
"Contamination" includes any equivalent effect resulting from the
disposal of waste, whether or not waters of the state are affected.
(l) (1) "Pollution" means an alteration of the quality of the
waters of the state by waste to a degree which unreasonably affects
either of the following:
(A) The waters for beneficial uses.
(B) Facilities which serve these beneficial uses.
(2) "Pollution" may include "contamination."
(m) "Nuisance" means anything which meets all of the following
requirements:
(1) Is injurious to health, or is indecent or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property.
(2) Affects at the same time an entire community or neighborhood,
or any considerable number of persons, although the extent of the
annoyance or damage inflicted upon individuals may be unequal.
(3) Occurs during, or as a result of, the treatment or disposal of
wastes.
(n) "Recycled water" means water which, as a result of treatment
of waste, is suitable for a direct beneficial use or a controlled use
that would not otherwise occur and is therefor considered a valuable
resource.
(o) "Citizen or domiciliary" of the state includes a foreign
corporation having substantial business contacts in the state or
which is subject to service of process in this state.
(p) (1) "Hazardous substance" means either of the following:
(A) For discharge to surface waters, any substance determined to
be a hazardous substance pursuant to Section 311(b)(2) of the Federal
Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.).
(B) For discharge to groundwater, any substance listed as a
hazardous waste or hazardous material pursuant to Section 25140 of
the Health and Safety Code, without regard to whether the substance
is intended to be used, reused, or discarded, except that "hazardous
substance" does not include any substance excluded from Section 311
(b)(2) of the Federal Water Pollution Control Act because it is
within the scope of Section 311(a)(1) of that act.
(2) "Hazardous substance" does not include any of the following:
(A) Nontoxic, nonflammable, and noncorrosive stormwater runoff
drained from underground vaults, chambers, or manholes into gutters
or storm sewers.
(B) Any pesticide which is applied for agricultural purposes or is
applied in accordance with a cooperative agreement authorized by
Section 116180 of the Health and Safety Code, and is not discharged
accidentally or for purposes of disposal, the application of which is
in compliance with all applicable state and federal laws and
regulations.
(C) Any discharge to surface water of a quantity less than a
reportable quantity as determined by regulations issued pursuant to
Section 311(b)(4) of the Federal Water Pollution Control Act.
(D) Any discharge to land which results, or probably will result,
in a discharge to groundwater if the amount of the discharge to land
is less than a reportable quantity, as determined by regulations
adopted pursuant to Section 13271, for substances listed as hazardous
pursuant to Section 25140 of the Health and Safety Code. No
discharge shall be deemed a discharge of a reportable quantity until
regulations set a reportable quantity for the substance discharged.
(q) (1) "Mining waste" means all solid, semisolid, and liquid
waste materials from the extraction, beneficiation, and processing of
ores and minerals. Mining waste includes, but is not limited to,
soil, waste rock, and overburden, as defined in Section 2732 of the
Public Resources Code, and tailings, slag, and other processed waste
materials, including cementitious materials that are managed at the
cement manufacturing facility where the materials were generated.
(2) For the purposes of this subdivision, "cementitious material"
means cement, cement kiln dust, clinker, and clinker dust.
(r) "Master recycling permit" means a permit issued to a supplier
or a distributor, or both, of recycled water, that includes waste
discharge requirements prescribed pursuant to Section 13263 and water
recycling requirements prescribed pursuant to Section 13523.1.
SEC. 430. Section 13176 of the Water Code is amended to read:
13176. (a) The analysis of any material required by this division
shall be performed by a laboratory registered by the State
Department of Health Services under Article 3 (commencing with
Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health
and Safety Code, except that the terms "accreditation" and
"certificate of accreditation" in Article 3 (commencing with Section
100825) of Chapter 4 of Part 1 of Division 101 of the Health and
Safety Code, shall mean "registration" and "certificate of
registration" respectively, and except that paragraphs (1) and (2) of
subdivision (b) of Section 100850 of the Health and Safety Code
shall not apply. This subdivision shall remain operative until
January 1, 1991, or one year after regulations pursuant to Section
100830 have taken effect, whichever occurs later, after that time
subdivision (b) of this section shall apply.
(b) The analysis of any material required by this division shall
be performed by a laboratory accredited by the State Department of
Health Services under Article 3 (commencing with Section 100825) of
Chapter 4 of Part 1 of Division 101 of the Health and Safety Code.
(c) No person or public entity of the state shall contract with a
laboratory for environmental analyses for which the department
requires registration or accreditation pursuant to this chapter,
unless the laboratory holds a valid certificate of registration or
accreditation.
SEC. 431. Section 13281 of the Water Code is
amended to read:
13281. In making the determination, the regional board shall
consider all relevant evidence related to the discharge, including,
but not limited to, those factors set forth in Section 13241,
information provided pursuant to Section 117435 of the Health and
Safety Code, possible adverse impacts if the discharge is permitted,
failure rates of any existing individual disposal systems whether due
to inadequate design, construction, maintenance, or unsuitable
hydrogeologic conditions, evidence of any existing, prior, or
potential contamination, existing and planned land use, dwelling
density, historical population growth, and any other criteria as may
be established pursuant to guidelines, regulations, or policies
adopted by the state board.
SEC. 432. Section 13755 of the Water Code is amended to read:
13755. Nothing in this chapter shall affect the powers and duties
of the State Department of Health Services with respect to water and
water systems pursuant to Chapter 4 (commencing with Section 116275)
of Part 12 of Division 104 of the Health and Safety Code. Every
person shall comply with this chapter and any regulation adopted
pursuant thereto, in addition to standards adopted by any city or
county.
SEC. 433. Section 13813 of the Water Code is amended to read:
13813. The Legislature further finds and declares that it is the
intent of the Legislature to provide for the upgrading of domestic
water supply systems to assure that all domestic water supplies at
least meet minimum domestic water supply standards established under
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code.
SEC. 434. Section 13819 of the Water Code is amended to read:
13819. (a) The moneys in the fund are hereby continuously
appropriated and shall be used for the purposes set forth in this
section.
(b) The department may enter into contracts with suppliers having
authority to construct, operate, and maintain domestic water systems,
for loans to suppliers to aid in the construction of projects that
will enable the supplier to meet, at a minimum, safe drinking water
standards established pursuant to Chapter 4 (commencing with Section
116275) of Part 12 of Division 104 of the Health and Safety Code.
(c) Any contract entered into pursuant to this section may include
provisions as agreed by the parties thereto, and the contract shall
include, in substance, all of the following provisions:
(1) An estimate of the reasonable cost of the project.
(2) An agreement by the department to loan to the supplier, during
the progress of construction or following completion of construction
as agreed by the parties, an amount that equals the portion of
construction costs found by the department to be eligible for a state
loan.
(3) An agreement by the supplier to repay the state over a period
not to exceed 50 years, (A) the amount of the loan, (B) the
administrative fee as described in Section 13830, and (C) interest on
the principal, that is the amount of the loan plus the
administrative fee.
(4) An agreement by the supplier, (A) to proceed expeditiously
with, and complete, the project, (B) to commence operation of the
project upon completion thereof, and to properly operate and maintain
the project in accordance with the applicable provisions of law, (C)
to apply for, and make reasonable efforts, to secure federal
assistance for the project, (D) to secure approval of the department
and of the State Department of Health Services before applying for
federal assistance in order to maximize and best utilize the amounts
of that assistance available, and (E) to provide for payment of the
supplier's share of the cost of the project, if any.
(d) Bond proceeds may be used for a grant program in accordance
with this chapter, with grants provided to suppliers that are
political subdivisions of the state that are otherwise unable to meet
minimum safe drinking water standards established pursuant to
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code. The total amount of grants made
pursuant to this chapter shall not exceed twenty-five million dollars
($25,000,000). The Legislative Analyst shall review the grant
program and report to the Legislature not later than June 1, 1987.
(e) Notwithstanding any other provision, the proceeds of any bonds
authorized to be issued under the California Safe Drinking Water
Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850)), that
are unissued and uncommitted on the effective date of this chapter,
shall be used for loans to suppliers in accordance with the terms,
conditions, and purposes of this chapter.
SEC. 435. Section 13820 of the Water Code is amended to read:
13820. (a) The department may make state grants to suppliers that
are political subdivisions of the state, from moneys in the fund
available for that purpose pursuant to subdivision (d) of Section
13819, to aid in the construction of projects that will enable the
public agency to meet, at a minimum, safe drinking water standards
established pursuant to Chapter 4 (commencing with Section 116275) of
Part 12 of Division 104 of the Health and Safety Code. A grant may
be made by the department only upon the specific approval of the
Legislature, by an act enacted after the receipt of a report filed
pursuant to Section 13822.
(b) Any contract for a grant entered into pursuant to this chapter
may include provisions as agreed by the parties thereto, and the
contract shall include, in substance, all of the following
provisions:
(1) An estimate of the reasonable cost of the project.
(2) An agreement by the department to grant to the public agency,
during the progress of construction or following completion of
construction as agreed by the parties, an amount that equals the
portion of construction costs found by the department to be eligible
for a state grant.
(3) An agreement by the public agency, (A) to proceed
expeditiously with, and complete, the project, (B) to commence
operation of the project upon completion thereof, and to properly
operate and maintain the project in accordance with the applicable
provisions of law, (C) to apply for, and make reasonable efforts to
secure, federal assistance for the project, (D) to secure approval of
the department and of the State Department of Health Services before
applying for federal assistance in order to maximize and best
utilize the amounts of that assistance available, and (E) to provide
for payment of the public agency's share of the cost of the project,
if any.
SEC. 436. Section 13824 of the Water Code is amended to read:
13824. An application for a grant pursuant to this chapter shall
not be approved by the department, unless the department determines
that the public agency is otherwise unable to meet minimum safe
drinking water standards established pursuant to Chapter 4
(commencing with Section 116275) of Part 12 of Division 104 of the
Health and Safety Code.
No grant shall be made by the department except upon approval by
the State Department of Health Services of project plans submitted by
the applicant and upon issuance to the public agency of a permit or
amended permit as specified in Chapter 4 (commencing with Section
116275) of Part 12 of Division 104 of the Health and Safety Code.
SEC. 437. Section 13837 of the Water Code is amended to read:
13837. Upon approval by the State Department of Health Services
of project plans submitted by a supplier on the priority list and
upon issuance to the supplier of a permit or amended permit as
specified in Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code, the department may enter
into a contract with the supplier.
SEC. 438. Section 13855 of the Water Code is amended to read:
13855. The Legislature further finds and declares that it is the
intent of the Legislature to provide for the upgrading of domestic
water supply systems to assure that all domestic water supplies at
least meet minimum domestic water supply standards established under
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code.
SEC. 439. Section 13861 of the Water Code is amended to read:
13861. (a) The moneys in the fund are hereby continuously
appropriated and shall be used for the purposes set forth in this
section.
(b) The department is authorized to enter into contracts with
suppliers having authority to construct, operate, and maintain
domestic water systems, for loans to the suppliers to aid in the
construction of projects that will enable the supplier to meet, at a
minimum, safe drinking water standards established pursuant to
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code.
(c) Any contract pursuant to this section may include provisions
as may be agreed upon by the parties thereto, and the contract shall
include, in substance, the following provisions:
(1) An estimate of the reasonable cost of the project.
(2) An agreement by the department to loan to the supplier, during
the progress of construction or following completion of construction
as may be agreed upon by the parties, an amount that equals the
portion of construction costs found by the department to be eligible
for a state loan.
(3) An agreement by the supplier to repay the state, (i) over a
period not to exceed 50 years, (ii) the amount of the loan, (iii) the
administrative fee as described in Section 13862, and (iv) interest
on the principal, that is the amount of the loan plus the
administrative fee.
(4) An agreement by the supplier, (i) to proceed expeditiously
with, and complete, the project, (ii) to commence operation of the
project upon completion thereof, and to properly operate and maintain
the project in accordance with the applicable provisions of law,
(iii) to apply for and make reasonable efforts to secure federal
assistance for the project, (iv) to secure approval of the department
and of the State Department of Health Services before applying for
federal assistance in order to maximize and best utilize the amounts
of the assistance available, and (v) to provide for payment of the
supplier's share of the cost of the project, if any.
(d) By statute, the Legislature may authorize bond proceeds to be
used for a grant program, with grants provided to suppliers that are
political subdivisions of the state, if it is determined that the
suppliers are otherwise unable to meet minimum safe drinking water
standards established pursuant to Chapter 4 (commencing with Section
116275) of Part 12 of Division 104 of the Health and Safety Code.
The total amount of grants shall not exceed thirty million dollars
($30,000,000), of which up to fifteen million dollars ($15,000,000)
may be used for grants for projects for the construction,
improvement, or rehabilitation of domestic water systems that have
become contaminated by organic or inorganic compounds (such as
nitrates, DBCP (dibromochloropropane), TCE (trichloroethylene), and
arsenic), or radiation, in amounts as to render the water unfit or
hazardous for human consumption, and no one supplier may receive more
than four hundred thousand dollars ($400,000) in total. Any of the
moneys made available pursuant to this subdivision, for grants for
projects, that have not been encumbered within two years after the
effective date of amendments to this subdivision made by Assembly
Bill No. 2404 of the 1979-80 Regular Session shall be available only
for loans pursuant to this section.
The Legislative Analyst shall review the grant programs and report
to the Legislature not later than February 1, 1981.
SEC. 440. Section 13868.5 of the Water Code is amended to read:
13868.5. Upon approval by the State Department of Health Services
of project plans submitted by a supplier on the priority list and
upon issuance to the supplier of a permit or amended permit as
specified in Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code, the department may enter
into a contract with the supplier.
SEC. 441. Section 13880 of the Water Code is amended to read:
13880. The purpose of this chapter is to authorize the use of
moneys in the California Safe Drinking Water Fund for a grant program
for public agencies owning or operating domestic water systems, as
authorized pursuant to the provisions of the California Safe Drinking
Water Bond Law of 1976. The Legislature hereby finds and declares
that it is necessary to establish a grant program to aid public
agencies in the construction of projects for domestic water systems,
and that certain public agencies owning or operating domestic water
systems will be otherwise unable to meet minimum safe drinking water
standards established pursuant to Chapter 4 (commencing with Section
116275) of Part 12 of Division 104 of the Health and Safety Code.
SEC. 442. Section 13882 of the Water Code is amended to read:
13882. (a) The department, subject to the requirements of this
chapter, is authorized to make state grants to public agencies from
moneys in the fund available for that purpose pursuant to subdivision
(d) of Section 13861, to aid in the planning and construction of
projects that will enable the public agency to meet, at a minimum,
safe drinking water standards established pursuant to Chapter 4
(commencing with Section 116275) of Part 12 of Division 104 of the
Health and Safety Code. Any grant in excess of one hundred thousand
dollars ($100,000) may be made by the department only upon the
specific approval of the Legislature, by an act enacted after the
receipt of a report filed pursuant to Section 13884.
(b) Any contract for a grant pursuant to this chapter may include
provisions as may be agreed upon by the parties thereto, and the
contract shall include, in substance, the following provisions:
(1) An estimate of the reasonable cost of the project, that may
include planning costs.
(2) An agreement by the department to grant to the public agency,
during the progress of construction or following completion of
construction as may be agreed upon by the parties, an amount that
equals the portion of construction and planning costs found by the
department to be eligible for a state grant.
(3) An agreement by the public agency, (i) to proceed
expeditiously with, and complete, the project, (ii) to commence
operation of the project upon completion thereof, and to properly
operate and maintain the project in accordance with the applicable
provisions of law, (iii) to apply for and make reasonable efforts to
secure federal assistance for the project, (iv) to secure approval of
the department and of the State Department of Health Services before
applying for federal assistance in order to maximize and best
utilize the amounts of the assistance available, and (v) to provide
for payment of the public agency's share of the cost of the project,
if any.
SEC. 443. Section 13886 of the Water Code is amended to read:
13886. An application for a grant pursuant to this chapter shall
not be approved by the department unless the department determines
that the public agency is otherwise unable to meet minimum safe
drinking water standards established pursuant to Chapter 4
(commencing with Section 116275) of Part 12 of Division 104 of the
Health and Safety Code. No grant shall be made by the department
except upon approval by the State Department of Health Services of
project plans submitted by the applicant and upon issuance to the
public agency of a permit or amended permit as specified in Chapter 4
(commencing with Section 116275) of Part 12 of Division 104 of the
Health and Safety Code.
SEC. 444. Section 13895.3 of the Water Code is amended to read:
13895.3. The Legislature further finds and declares that it is
the intent of the Legislature to provide for the upgrading of
domestic water supply systems to assure that all domestic water
supplies at least meet minimum domestic water supply standards
established under Chapter 4 (commencing with Section 116275) of Part
12 of Division 104 of the Health and Safety Code.
SEC. 445. Section 13895.9 of the Water Code is amended to read:
13895.9. (a) An aggregate amount of one hundred million dollars
($100,000,000) of the moneys in the fund are hereby continuously
appropriated and shall be used for the purposes set forth in this
section and Section 13898.
(b) The department may enter into contracts with suppliers having
authority to construct, operate, and maintain domestic water systems,
for loans to suppliers to aid in the construction of projects that
will enable the supplier to meet, at a minimum, safe drinking water
standards established pursuant to Chapter 4 (commencing with Section
116275) of Part 12 of Division 104 of the Health and Safety Code.
(c) Any contract entered into pursuant to this section may include
provisions as agreed by the parties thereto, and the contract shall
include, in substance, all of the following provisions:
(1) An estimate of the reasonable cost of the project.
(2) An agreement by the department to loan to the supplier, during
the progress of construction or following completion of construction
as agreed by the parties, an amount that equals the portion of
construction costs found by the department to be eligible for a state
loan.
(3) An agreement by the supplier to repay the state over a period
not to exceed 50 years, (A) the amount of the loan, (B) the
administrative fee as described in Section 13897, and (C) interest on
the principal, that is the amount of the loan plus the
administrative fee.
(4) An agreement by the supplier, (A) to proceed expeditiously
with, and complete, the project, (B) to commence operation of the
project upon completion thereof, and to properly operate and maintain
the project in accordance with the applicable provisions of law, (C)
to apply for, and make reasonable efforts to secure, federal
assistance for the project, (D) to secure approval of the department
and of the State Department of Health Services before applying for
federal assistance in order to maximize and best utilize the amounts
of that assistance available, and (E) to provide for payment of the
supplier's share of the cost of the project, if any.
(d) Bond proceeds may be used for a grant program in accordance
with this chapter, with grants provided to suppliers that are
political subdivisions of the state that are otherwise unable to meet
minimum safe drinking water standards established pursuant to
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code. The total amount of grants made
pursuant to this chapter shall not exceed twenty-five million dollars
($25,000,000).
(e) Notwithstanding any other provision, the proceeds of any bonds
authorized to be issued under the California Safe Drinking Water
Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850)), and
the California Safe Drinking Water Bond Law of 1984 (Chapter 10.2
(commencing with Section 13810)) that are unissued and uncommitted on
the effective date of this chapter, shall be used for loans and
grants to suppliers in accordance with the terms, conditions, and
purposes of this chapter. Loans made after November 6, 1984,
pursuant to Chapter 10.2 (commencing with Section 13810) shall carry
an interest rate calculated as prescribed in Section 13897.3.
SEC. 446. Section 13896 of the Water Code is amended to read:
13896. (a) The department may make state grants to suppliers that
are political subdivisions of the state, from moneys in the fund
available for that purpose pursuant to subdivision (d) of Section
13895.9, to aid in the construction of projects that will enable the
public agency to meet, at a minimum, safe drinking water standards
established pursuant to Chapter 4 (commencing with Section 116275) of
Part 12 of Division 104 of the Health and Safety Code. A grant may
be made by the department only upon the specific approval of the
Legislature, by an act enacted after the receipt of a report filed
pursuant to Section 13896.2.
(b) Any contract for a grant entered into pursuant to this chapter
may include provisions as agreed by the parties thereto, and the
contract shall include, in substance, all of the following
provisions:
(1) An estimate of the reasonable cost of the project.
(2) An agreement by the department to grant to the public agency,
during the progress of construction or following completion of
construction as agreed by the parties, an amount that equals the
portion of construction costs found by the department to be eligible
for a state grant.
(3) An agreement by the public agency, (A) to proceed
expeditiously with, and complete, the project, (B) to commence
operation of the project upon completion thereof, and to properly
operate and maintain the project in accordance with the applicable
provisions of law, (C) to apply for, and make reasonable efforts to
secure, federal assistance for the project, (D) to secure approval of
the department and of the State Department of Health Services before
applying for federal assistance in order to maximize and best
utilize the amounts of that assistance available, and (E) to provide
for payment of the public agency's share of the cost of the project,
if any.
SEC. 447. Section 13896.4 of the Water Code is amended to read:
13896.4. An application for a grant pursuant to this chapter
shall not be approved by the department, unless the department
determines that the public agency is otherwise unable to meet minimum
safe drinking water standards established pursuant to Chapter 4
(commencing with Section 116275) of Part 12 of Division 104 of the
Health and Safety Code.
No grant shall be made by the department except upon approval by
the State Department of Health Services of project plans submitted by
the applicant and upon written approval by the State Department of
Health Services that the proposed project is consistent with Chapter
4 (commencing with Section 116275) of Part 12 of Division 104 of the
Health and Safety Code.
SEC. 448. Section 14003 of the Water Code is amended to read:
14003. The Legislature further finds and declares that it is the
intent of the Legislature to provide for the upgrading of domestic
water supply systems to assure that all domestic water supplies at
least meet minimum domestic water supply standards established under
Chapter 4 (commencing with Section 116275) of Part 12 of Division
104 of the Health and Safety Code.
SEC. 449. Section 14011 of the Water Code is amended to read:
14011. (a) Notwithstanding Section 13340 of the Government Code,
an aggregate amount of seventy-five million dollars ($75,000,000) of
the moneys in the fund are hereby continuously appropriated and shall
be used for the purposes set forth in this section and Section
14029.
(b) The department may enter into contracts with suppliers having
authority to construct, operate, and maintain domestic water systems,
for loans to suppliers to aid in the construction of projects that
will enable the supplier to meet, at a minimum, safe drinking water
standards established pursuant to Chapter 4 (commencing with Section
116275) of Part 12 of Division 104 of the Health and Safety Code.
(c) Any contract entered into pursuant to this section may include
provisions as agreed by the parties thereto, and the contract shall
include, in substance, all of the following provisions:
(1) An estimate of the reasonable cost of the project.
(2) An agreement by the department to loan to the supplier, during
the progress of construction or following completion of construction
as agreed by the parties, an amount that equals the portion of
construction costs found by the department to be eligible for a state
loan.
(3) An agreement by the supplier to repay the state over a period
not to exceed 50 years, (A) the amount of the loan, (B) the
administrative fee as described in Section 14022, and (C) interest on
the principal, that is the amount of the loan plus the
administrative fee.
(4) An agreement by the supplier, (A) to proceed expeditiously
with, and complete, the project, (B) to commence operation of the
project upon completion thereof, and to properly operate and maintain
the project in accordance with the applicable provisions of law, (C)
to apply for, and make reasonable efforts to secure, federal
assistance for the project, (D) to secure approval of the department
and of the State Department of Health Services before applying for
federal assistance in order to maximize and best utilize the amounts
of that assistance available, and (E) to provide for payment of the
supplier's share of the cost of the project, if any.
(d) Bond proceeds may be used for a grant program in accordance
with this chapter, with grants provided to suppliers that are
political subdivisions of the state that are otherwise unable to meet
minimum safe drinking water standards established pursuant to
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code. The total amount of grants made
pursuant to this chapter shall not exceed twenty-five million dollars
($25,000,000).
(e) Notwithstanding any other provision, the proceeds of any bonds
authorized to be issued under the California Safe Drinking Water
Bond Law of 1976 (Chapter 10.5 (commencing with Section 13850)), the
California Safe Drinking Water Bond Law of 1984 (Chapter 10.2
(commencing with Section 13810)), and the California Safe Drinking
Water Bond Law of 1986 (Chapter 10.7 (commencing with Section 13895))
that are unissued and uncommitted on the effective date of this
chapter, shall be used for loans and grants to suppliers in
accordance with the terms, conditions, and purposes of this chapter.
(f) The Treasurer shall determine the interest rate to be paid on
loans issued under the Safe Drinking Water Bond Law of 1976 (Chapter
10.5 (commencing with Section 13850)), as required under Section
13867, equal to the average interest rate, computed by the true
interest cost method, paid by the state on general obligation bonds
sold pursuant to that chapter up to the effective date of this
chapter.
SEC. 450. Section 14012 of the Water Code is amended to read:
14012. (a) The department may make state grants to suppliers that
are political subdivisions of the state, from moneys in the fund
available for that purpose pursuant to subdivision (d) of Section
14011, to aid in the
construction of projects that will enable the public agency to meet,
at a minimum, safe drinking water standards established pursuant to
Chapter 4 (commencing with Section 116275) of Part 12 of Division 104
of the Health and Safety Code. A grant may be made by the
department only upon the specific approval of the Legislature.
(b) Any contract for a grant entered into pursuant to this chapter
may include provisions as agreed by the parties thereto, and the
contract shall include, in substance, all of the following
provisions:
(1) An estimate of the reasonable cost of the project.
(2) An agreement by the department to grant to the public agency,
during the progress of construction or following completion of
construction as agreed by the parties, an amount that equals the
portion of construction costs found by the department to be eligible
for a state grant.
(3) An agreement by the public agency, (A) to proceed
expeditiously with, and complete, the project, (B) to commence
operation of the project upon completion thereof, and to properly
operate and maintain the project in accordance with the applicable
provisions of law, (C) to apply for, and make reasonable efforts to
secure, federal assistance for the project, (D) to secure approval of
the department and of the State Department of Health Services before
applying for federal assistance in order to maximize and best
utilize the amounts of that assistance available, and (E) to provide
for payment of the public agency's share of the cost of the project,
if any.
SEC. 451. Section 14016 of the Water Code is amended to read:
14016. An application for a grant pursuant to this chapter shall
not be approved by the department, unless the State Department of
Health Services determines that the public agency is otherwise unable
to meet minimum safe drinking water standards established pursuant
to Chapter 4 (commencing with Section 116275) of Part 12 of Division
104 of the Health and Safety Code.
No grant shall be made by the department except upon approval by
the State Department of Health Services of project plans submitted by
the applicant and upon written approval by the State Department of
Health Services that the proposed project is consistent with Chapter
4 (commencing with Section 116275) of Part 12 of Division 104 of the
Health and Safety Code.
SEC. 452. Section 14952 of the Water Code is amended to read:
14952. For the purposes of this chapter, a commercial shellfish
growing area is an area certified pursuant to Section 112170 of the
Health and Safety Code in which shellfish are grown and harvested.
SEC. 453. Section 22264 of the Water Code is amended to read:
22264. Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code shall not apply to
districts except in specific areas concerning which the State
Department of Health Services gives written notice to the district.
In areas where the service rendered by the district is primarily
agricultural and domestic service is only incidental thereto, the
State Department of Health Services may prescribe reasonable and
feasible action to be taken by the district and the consumers to
insure that their domestic water will not be injurious to health.
Municipal and public corporations or utilities, other than a
district, that distribute water within a district are not excepted
from Chapter 4 (commencing with Section 116275) of Part 12 of
Division 104 of the Health and Safety Code by this section.
SEC. 454. Section 36153 of the Water Code is amended to read:
36153. In addition to any and all other provisions of this
division and any other applicable laws for the issuance of general
obligation bonds by a district, general obligation bonds may be
issued by a district where the proceeds are to be used to construct
facilities in compliance with an order adopted by the State
Department of Health pursuant to Chapter 4 (commencing with Section
116275) of Part 12 of Division 104 of the Health and Safety Code and
the bonds to be sold have been approved by the State Treasurer in
accordance with the provisions of Division 10 (commencing with
Section 20000). Bonds issued pursuant to this section shall be
issued by a district as otherwise provided in this division without
regard to the election procedures of Chapter 3 (commencing with
Section 35150) of Part 4 of this division and shall be secured by
unlimited ad valorem assessments on land in the district without
regard to any limitations set forth in Chapter 3 (commencing with
Section 2201) of Part 4 of Division 1 of the Revenue and Taxation
Code. If 50 percent or more of the voters within the district or if
the owners of 50 percent or more of the assessed valuation within the
district submit written protests to the district secretary within
the 30 days after the date the board adopts the resolution
authorizing the issuance of the bonds, the proceedings for the
issuance of bonds pursuant to this section shall be terminated and no
further proceedings shall be taken pursuant to this section for a
period of at least one year.
SEC. 455. Section 220 of the Welfare and Institutions Code is
amended to read:
220. No condition or restriction upon the obtaining of an
abortion by a female detained in any local juvenile facility,
pursuant to the Therapeutic Abortion Act (Article 2 (commencing with
Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health
and Safety Code), other than those contained in that act, shall be
imposed. Females found to be pregnant and desiring abortions, shall
be permitted to determine their eligibility for an abortion pursuant
to law, and if determined to be eligible, shall be permitted to
obtain an abortion.
For the purposes of this section, "local juvenile facility" means
any city, county, or regional facility used for the confinement of
female juveniles for more than 24 hours.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all females have access.
SEC. 456. Section 729.8 of the Welfare and Institutions Code is
amended to read:
729.8. (a) If a minor is found to be a person described in
Section 602 by reason of the unlawful possession, use, sale, or other
furnishing of a controlled substance, as defined in Chapter 2
(commencing with Section 11053) of the Health and Safety Code, an
imitation controlled substance, as defined in Section 109550 of the
Health and Safety Code, or toluene or a toxic, as described in
Section 381 of the Penal Code, upon the grounds of any school
providing instruction in kindergarten, or any of grades 1 to 12,
inclusive, or any church or synagogue, playground, public or private
youth center, child day care facility, or public swimming pool,
during hours in which these facilities are open for business,
classes, or school-related activities or programs, or at any time
when minors are using the facility, the court, as a condition of
probation, except in any case in which the court makes a finding and
states on the record its reasons that the condition would be
inappropriate, shall require the minor to perform not more than 100
hours of community service.
(b) The definitions contained in subdivision (e) of Section
11353.1 shall apply to this section.
(c) As used in this section, "community service" means any of the
following:
(1) Picking up litter along public streets or highways.
(2) Cleaning up graffiti on school grounds or any public property.
(3) Performing services in a drug rehabilitation center.
SEC. 457. Section 903 of the Welfare and Institutions Code is
amended to read:
903. (a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the reasonable costs of support of the
minor while the minor is placed, or detained in, or committed to,
any institution or other place pursuant to Section 625 or pursuant to
an order of the juvenile court. However, a county shall not levy
charges for the costs of support of a minor detained pursuant to
Section 625 unless, at the detention hearing, the juvenile court
determines that detention of the minor should be continued, the
petition for the offense for which the minor is detained is
subsequently sustained, or the minor agrees to a program of
supervision pursuant to Section 654. The liability of these persons
and estates shall be a joint and several liability.
(b) The county shall limit the charges it seeks to impose to the
reasonable costs of support of the minor and shall exclude any costs
of incarceration, treatment, or supervision for the protection of
society and the minor and the rehabilitation of the minor. In the
event that court-ordered child support paid to the county pursuant to
subdivision (a) exceeds the amount of the costs authorized by this
subdivision and subdivision (a), the county shall either hold the
excess in trust for the minor's future needs pursuant to Section
302.52 of Title 45 of the Code of Federal Regulations or, with the
approval of the minor's caseworker or the probation officer, pay the
excess directly to the minor.
(c) It is the intent of the Legislature in enacting this
subdivision to protect the fiscal integrity of the county, to protect
persons against whom the county seeks to impose liability from
excessive charges, to ensure reasonable uniformity throughout the
state in the level of liability being imposed, and to ensure that
liability is imposed only on persons with the ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family income, the
necessary obligations of the family, and the number of persons
dependent upon this income. Except as provided in paragraphs (1),
(2), (3), and (4), "costs of support" as used in this section means
only actual costs incurred by the county for food and food
preparation, clothing, personal supplies, and medical expenses, not
to exceed a combined maximum cost of fifteen dollars ($15) per day,
except that:
(1) The maximum cost of fifteen dollars ($15) per day shall be
adjusted every third year beginning January 1, 1988, to reflect the
percentage change in the calendar year annual average of the
California Consumer Price Index, All Urban Consumers, published by
the Department of Industrial Relations, for the three-year period.
(2) No cost for medical expenses shall be imposed by the county
until the county has first exhausted any eligibility the minor may
have under private insurance coverage, standard or medically indigent
Medi-Cal coverage, and the Robert W. Crown California Children's
Services Act (Article 5 (commencing with Section 123800) of Chapter 3
of Part 2 of Division 106 of the Health and Safety Code).
(3) In calculating the cost of medical expenses, the county shall
not charge in excess of 100 percent of the AFDC fee for service
average Medi-Cal payment for that county for that fiscal year as
calculated by the State Department of Health Services; however, if a
minor has extraordinary medical or dental costs that are not met
under any of the coverages listed in paragraph (2), the county may
impose these additional costs.
(4) For those placements of a minor subject to this section in
which an AFDC-FC grant is made, the district attorney shall seek an
order pursuant to Section 11350 and the statewide child support
guideline in effect in Article 2 (commencing with Section 4050) of
Chapter 2 of Part 2 of Division 9 of the Family Code. For purposes
of determining the correct amount of support of a minor subject to
this section, the rebuttable presumption set forth in Section 4057 of
the Family Code is applicable.
SEC. 458. Section 1715 of the Welfare and Institutions Code is
amended to read:
1715. From funds available for the support of the Youth
Authority, the director may reimburse persons employed by the
authority and certified as radiologic technologists pursuant to the
Radiologic Technology Act (subdivision (f) of Section 27 of the
Health and Safety Code) for the fees incurred both in connection with
the obtaining of the certification since July 1, 1971, and with
regard to the renewal thereof.
SEC. 459. Section 1768.9 of the Welfare and Institutions Code is
amended to read:
1768.9. (a) Notwithstanding any other provision of law, a person
under the jurisdiction or control of the Department of the Youth
Authority is obligated to submit to a test for the probable causative
agent of AIDS upon a determination of the chief medical officer of
the facility that clinical symptoms of AIDS or AIDS-related complex,
as recognized by the Centers for Disease Control, is present in the
person. In the event that the subject of the test refuses to submit
to such a test, the department may seek a court order to require him
or her to submit to the test.
(b) Prior to ordering a test pursuant to subdivision (a), the
chief medical officer shall ensure that the subject of the test
receives pretest counseling. The counseling shall include:
(1) Testing procedures, effectiveness, reliability, and
confidentiality.
(2) The mode of transmission of HIV.
(3) Symptoms of AIDS and AIDS-related complex.
(4) Precautions to avoid exposure and transmission.
The chief medical officer shall also encourage the subject of the
test to undergo voluntary testing prior to ordering a test. The
chief medical officer shall also ensure that the subject of the test
receives posttest counseling.
(c) The following procedures shall apply to testing conducted
under this section:
(1) 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
section.
(2) The chief medical officer shall order that the blood specimens
be transmitted to a licensed medical laboratory which has been
approved by the State Department of Health Services for the
conducting of AIDS testing, and that tests, including all readily
available confirmatory tests, be conducted thereon for medically
accepted indications of exposure to or infection with HIV.
(3) The subject of the test shall be notified face-to-face as to
the results of the test.
(d) All counseling and notification of test results shall be
conducted by one of the following:
(1) A physician and surgeon who has received training in the
subjects described in subdivision (b).
(2) A registered nurse who has received training in the subjects
described in subdivision (b).
(3) A psychologist who has received training in the subjects
described in subdivision (b) and who is under the purview of either a
registered nurse or physician and surgeon who has received training
in the subjects described in subdivision (b).
(4) A licensed social worker who has received training in the
subjects described in subdivision (b) and who is under the purview of
either a registered nurse or physician and surgeon who has received
training in the subjects described in subdivision (b).
(5) A trained volunteer counselor who has received training in the
subjects described in subdivision (b) and who is under the
supervision of either a registered nurse or physician and surgeon who
has received training in the subjects described in subdivision (b).
(e) The Department of the Youth Authority shall provide medical
services appropriate for the diagnosis and treatment of those
infected with HIV.
(f) The Department of the Youth Authority may operate separate
housing facilities for wards and inmates who have tested positive for
HIV infection and who continue to engage in activities which
transmit HIV. These facilities shall be comparable to those of other
wards and inmates with access to recreational and educational
facilities, commensurate with the facilities available in the
institution.
(g) Notwithstanding any other provision of law, the chief medical
officer of a facility of the Department of the Youth Authority may do
all of the following:
(1) Disclose results of a test for the probable causative agent of
AIDS to the superintendent or administrator of the facility where
the test subject is confined.
(2) When test results are positive, inform the test subject's
known sexual partners or needle contacts in a Department of the Youth
Authority facility of the positive results, provided that the test
subject's identity is kept confidential. All wards and inmates who
are provided with this information shall be provided with the
counseling described in subdivision (b).
(3) Include the test results in the subject's confidential medical
record which is to be maintained separate from other case files and
records.
(h) Actions taken pursuant to this section shall not be subject to
subdivisions (a) to (c), inclusive, of Section 120980 of the Health
and Safety Code. In addition, the requirements of subdivision (a) of
Section 120990 of the Health and Safety Code shall not apply to
testing performed pursuant to this section.
SEC. 460. Section 1773 of the Welfare and Institutions Code is
amended to read:
1773. No condition or restriction upon the obtaining of an
abortion by a female committed to the authority, pursuant to the
Therapeutic Abortion Act (Article 2 (commencing with Section 123400)
of Chapter 2 of Part 2 of Division 106 of the Health and Safety
Code), other than those contained in that act, shall be imposed.
Females found to be pregnant and desiring abortions, shall be
permitted to determine their eligibility for an abortion pursuant to
law, and if determined to be eligible, shall be permitted to obtain
an abortion.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all females have access.
If Assembly Bill No. 2087 of the 1972 Regular Session of the
Legislature is chaptered, this section shall remain in effect only
until the 61st day after the final adjournment of the 1974 Regular
Session of the Legislature, and as of that date is repealed.
SEC. 461. Section 4134 of the Welfare and Institutions Code is
amended to read:
4134. The state mental hospitals under the jurisdiction of the
State Department of Mental Health shall comply with the California
Food Sanitation Act, Article 1 (commencing with Section 111950) of
Chapter 4 of Part 6 of Division 104 of the Health and Safety Code.
The state mental hospitals under the jurisdiction of the State
Department of Mental Health shall also comply with the California
Uniform Retail Food Facilities Law, Chapter 4 (commencing with
Section 113700) of Part 7 of Division 104 of the Health and Safety
Code.
Sanitation, health and hygiene standards that have been adopted by
a city, county, or city and county that are more strict than those
of the California Uniform Retail Food Facilities Law or the
California Food Sanitation Act shall not be applicable to state
mental hospitals that are under the jurisdiction of the State
Department of Mental Health.
SEC. 462. Section 4472 of the Welfare and Institutions Code is
amended to read:
4472. The state hospitals under the jurisdiction of the State
Department of Developmental Services shall comply with the California
Food Sanitation Act, Article 1 (commencing with Section 111950) of
Chapter 4 of Part 6 of Division 104 of the Health and Safety Code.
The state hospitals under the jurisdiction of the State Department
of Developmental Services shall also comply with the California
Uniform Retail Food Facilities Law, Chapter 4 (commencing with
Section 113700) of Part 7 of Division 104.
Sanitation, health and hygiene standards that have been adopted by
a city, county, or city and county that are more strict than those
of the California Uniform Retail Food Facilities Law or the
California Food Sanitation Act shall not be applicable to state
hospitals that are under the jurisdiction of the State Department of
Developmental Services.
SEC. 463. Section 4780 of the Welfare and Institutions Code is
amended to read:
4780. When appropriated by the Legislature, the department may
receive and expend all funds made available by the federal
government, the state, its political subdivisions, and other sources,
and, within the limitation of the funds made available, shall act as
an agent for the transmittal of the funds for services through the
regional centers. The department may use any funds received under
Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of
Division 106 of the Health and Safety Code for the purposes of this
division.
SEC. 464. Section 5328 of the Welfare and Institutions Code is
amended to read:
5328. All information and records obtained in the course of
providing services under Division 4 (commencing with Section 4000),
Division 4.1 (commencing with Section 4400), Division 4.5 (commencing
with Section 4500), Division 5 (commencing with Section 5000),
Division 6 (commencing with Section 6000), or Division 7 (commencing
with Section 7100), to either voluntary or involuntary recipients of
services shall be confidential. Information and records obtained in
the course of providing similar services to either voluntary or
involuntary recipients prior to 1969 shall also be confidential.
Information and records shall be disclosed only in any of the
following cases:
(a) In communications between qualified professional persons in
the provision of services or appropriate referrals, or in the course
of conservatorship proceedings. The consent of the patient, or his
or her guardian or conservator shall be obtained before information
or records may be disclosed by a professional person employed by a
facility to a professional person not employed by the facility who
does not have the medical or psychological responsibility for the
patient's care.
(b) When the patient, with the approval of the physician, licensed
psychologist, or social worker with a master's degree in social
work, who is in charge of the patient, designates persons to whom
information or records may be released, except that nothing in this
article shall be construed to compel a physician, psychologist,
social worker, nurse, attorney, or other professional person to
reveal information which has been given to him or her in confidence
by members of a patient's family.
(c) To the extent necessary for a recipient to make a claim, or
for a claim to be made on behalf of a recipient for aid, insurance,
or medical assistance to which he or she may be entitled.
(d) If the recipient of services is a minor, ward, or conservatee,
and his or her parent, guardian, guardian ad litem, or conservator
designates, in writing, persons to whom records or information may be
disclosed, except that nothing in this article shall be construed to
compel a physician, psychologist, social worker, nurse, attorney, or
other professional person to reveal information that has been given
to him or her in confidence by members of a patient's family.
(e) For research, provided that the Director of Mental Health or
the Director of Developmental Services designates by regulation,
rules for the conduct of research and requires the research to be
first reviewed by the appropriate institutional review board or
boards. The rules shall include, but need not be limited to, the
requirement that all researchers shall sign an oath of
confidentiality as follows:
_________________________________
Date
As a condition of doing research concerning persons who have
received services from ____ (fill in the facility, agency or person),
I, ____, agree to obtain the prior informed consent of the persons
who have received services to the maximum degree possible as
determined by the appropriate institutional review board or boards
for protection of human subjects reviewing my research, and I further
agree not to divulge any information obtained in the course of the
research to unauthorized persons, and not to publish or otherwise
make public any information regarding persons who have received
services such that the person who received services is identifiable.
I recognize that the unauthorized release of confidential
information may make me subject to a civil action under provisions of
the Welfare and Institutions Code.
(f) To the courts, as necessary to the administration of justice.
(g) To governmental law enforcement agencies as needed for the
protection of federal and state elective constitutional officers and
their families.
(h) To the Senate Rules Committee or the Assembly Rules Committee
for the purposes of legislative investigation authorized by the
committee.
(i) If the recipient of services who applies for life or
disability insurance designates in writing the insurer to which
records or information may be disclosed.
(j) To the attorney for the patient in any and all proceedings
upon presentation of a release of information signed by the patient,
except that when the patient is unable to sign the release, the staff
of the facility, upon satisfying itself of the identity of the
attorney, and of the fact that the attorney does represent the
interests of the patient, may release all information and records
relating to the patient except that nothing in this article shall be
construed to compel a physician, psychologist, social worker, nurse,
attorney, or other professional person to reveal information that has
been given to him or her in confidence by members of a patient's
family.
(k) Upon written agreement by a person previously confined in or
otherwise treated by a facility, the professional person in charge of
the facility or his or her designee may release any information,
except information that has been given in confidence by members of
the person's family, requested by a probation officer charged with
the evaluation of the person after his or her conviction of a crime
if the professional person in charge of the facility determines that
the information is relevant to the evaluation. The agreement shall
only be operative until sentence is passed on the crime of which the
person was convicted. The confidential information released pursuant
to this subdivision shall be transmitted to the court separately
from the probation report and shall not be placed in the probation
report. The confidential information shall remain confidential
except for purposes of sentencing. After sentencing, the
confidential information shall
be sealed.
(l) Between persons who are trained and qualified to serve on
"multidisciplinary personnel" teams pursuant to subdivision (d) of
Section 18951. The information and records sought to be disclosed
shall be relevant to the prevention, identification, management, or
treatment of an abused child and his or her parents pursuant to
Chapter 11 (commencing with Section 18950) of Part 6 of Division 9.
(m) To county patients' rights advocates who have been given
knowing voluntary authorization by a client or a guardian ad litem.
The client or guardian ad litem, whoever entered into the agreement,
may revoke the authorization at any time, either in writing or by
oral declaration to an approved advocate.
(n) To a committee established in compliance with Sections 4070
and 5624.
(o) In providing information as described in Section 7325.5.
Nothing in this subdivision shall permit the release of any
information other than that described in Section 7325.5.
(p) To the county mental health director or the director's
designee, or to a law enforcement officer, or to the person
designated by a law enforcement agency, pursuant to Sections 5152.1
and 5250.1.
(q) If the patient gives his or her consent, information
specifically pertaining to the existence of genetically handicapping
conditions, as defined in Section 125135 of the Health and Safety
Code, may be released to qualified professional persons for purposes
of genetic counseling for blood relatives upon request of the blood
relative. For purposes of this subdivision, "qualified professional
persons" means those persons with the qualifications necessary to
carry out the genetic counseling duties under this subdivision as
determined by the genetic disease unit established in the State
Department of Health Services under Section 125000 of the Health and
Safety Code. If the patient does not respond or cannot respond to a
request for permission to release information pursuant to this
subdivision after reasonable attempts have been made over a two-week
period to get a response, the information may be released upon
request of the blood relative.
(r) When the patient, in the opinion of his or her
psychotherapist, presents a serious danger of violence to a
reasonably foreseeable victim or victims, then any of the information
or records specified in this section may be released to that person
or persons and to law enforcement agencies as the psychotherapist
determines is needed for the protection of that person or persons.
For purposes of this subdivision, "psychotherapist" means anyone so
defined within Section 1010 of the Evidence Code.
(s) To persons serving on an interagency case management council
established in compliance with Section 5606.6 to the extent necessary
to perform its duties. This council shall attempt to obtain the
consent of the client. If this consent is not given by the client,
the council shall justify in the client's chart why these records are
necessary for the work of the council.
The amendment of subdivision (d) enacted at the 1970 Regular
Session of the Legislature does not constitute a change in, but is
declaratory of, the preexisting law.
SEC. 465. Section 5717 of the Welfare and Institutions Code is
amended to read:
5717. (a) Expenditures that may be funded from amounts allocated
to the county by the department from funds appropriated to the
department shall include negotiated rates and net amounts; salaries
of personnel; approved facilities and services provided through
contract; operation, maintenance and service costs including
insurance costs or departmental charges for participation in a county
self-insurance program if the charges are not in excess of
comparable available commercial insurance premiums and on the
condition that any surplus reserves be used to reduce future year
contributions; depreciation of county facilities as established in
the state's uniform accounting manual, disregarding depreciation on
the facility to the extent it was financed by state funds under this
part; lease of facilities where there is no intention to, nor option
to, purchase; expenses incurred under this act by members of the
California Conference of Local Mental Health Directors for attendance
at regular meetings of these conferences; expenses incurred by
either the chairperson or elected representative of the local mental
health advisory boards for attendance at regular meetings of the
Organization of Mental Health Advisory Boards; expenditures included
in approved countywide cost allocation plans submitted in accordance
with the Controller's guidelines, including, but not limited to,
adjustments of prior year estimated general county overhead to actual
costs, but excluding allowable costs otherwise compensated by state
funding; net costs of conservatorship investigation, approved by the
Director of Mental Health. Except for expenditures made pursuant to
Article 6 (commencing with Section 129225) of Chapter 1 of Part 6 of
Division 107 of the Health and Safety Code, it shall not include
expenditures for initial capital improvements; the purchaser or
construction of buildings except for equipment items and remodeling
expense as may be provided for in regulations of the State Department
of Mental Health; compensation to members of a local mental health
advisory board, except actual and necessary expenses incurred in the
performance of official duties that may include travel, lodging, and
meals while on official business; or expenditures for a purpose for
which state reimbursement is claimed under any other provision of
law.
(b) The director may make investigations and audits of
expenditures the director may deem necessary.
(c) With respect to funds allocated to a county by the department
from funds appropriated to the department, the county shall repay to
the state amounts found not to have been expended in accordance with
the requirements set forth in this part. Repayment shall be within
30 days after it is determined that an expenditure has been made that
is not in accordance with the requirements. In the event that
repayment is not made in a timely manner, the department shall offset
any amount improperly expended against the amount of any current or
future advance payment or cost report settlement from the state for
mental health services. Repayment provisions shall not apply to
Short-Doyle funds allocated by the department for fiscal years up to
and including the 1990-91 fiscal year.
SEC. 466. Section 9390.5 of the Welfare and Institutions Code is
amended to read:
9390.5. (a) The State Department of Health Services shall conduct
preadmission screening statewide.
(1) Preadmission screening shall be conducted by the Medi-Cal
field offices which shall utilize the option of directly authorizing
preadmission screening activities by Medi-Cal service providers,
including, but not limited to, multipurpose senior services programs,
adult day health care, home health agencies, or other comparable
Medi-Cal service providers.
(2) The State Department of Health Services may delegate
preadmission screening of general acute care hospital patients to
discharge planning units of general acute care hospitals and to
multilevel facilities, as defined in paragraph (9) of subdivision (d)
of Section 15432 of the Government Code, that agree to accept the
delegation. The delegated preadmission screening shall be performed
in accordance with criteria established by the State Department of
Health Services, in consultation with representatives of general
acute care hospitals and community-based services. The criteria
shall include referrals to community-based resources as defined in
Section 9390.1 and shall emphasize the importance of making the
referrals in a timely manner. Prior to implementation of the
delegated preadmission screening program, orientation sessions
regarding preadmission screening program procedures shall be
conducted.
The State Department of Health Services shall work with general
acute care hospitals and general acute care hospital association
representatives to develop an acute care hospital reporting mechanism
that would allow an independent review of the success of the
delegated program. The review shall, at the minimum, include the
number of home-and-community-based waiver services that were utilized
to divert patients into the community. The State Department of
Health Services shall report to the Legislature on the results of
this review by March 31, 1989. The report shall include all of the
following:
(A) The total number of preadmission screens performed.
(B) The total number of preadmission screens from the community.
(C) The total number of preadmission screens from acute care
hospitals.
(D) The total number of patients screened that were determined to
be prolonged-stay patients.
(E) The total number of patients screened that were determined to
be short-stay patients.
(F) The total number of patients diverted from nursing homes.
(G) The total number of patients who could not be diverted.
It is further the intent of the Legislature that the discharge
planning units of general acute care hospitals that agree to accept
delegated preadmission screening, shall coordinate with the
multipurpose senior services program to the extent possible.
(b) Every long-term health care facility that receives an
application for admission of a Medi-Cal eligible or Medicare/Medi-Cal
eligible person shall contact by telephone the appropriate State
Department of Health Services Medi-Cal field office or the
appropriate general acute care hospital discharge planner for the
purpose of conducting preadmission screening.
(c) Except where the State Department of Health Services has
delegated preadmission screening functions to a general acute care
hospital discharge planner, every general acute care hospital that
identifies a Medi-Cal eligible or Medicare/Medi-Cal eligible patient
for referral to a long-term health care facility shall contact by
telephone the appropriate State Department of Health Services
Medi-Cal field office for the purpose of conducting preadmission
screening. Where preadmission screening of acute care hospital
patients has been delegated to discharge planning units, the Medi-Cal
field office shall review and approve a determination to refer a
patient to a nursing facility that is owned or operated by the
referring hospital.
(d) For the purpose of conducting preadmission screening, and
subject to applicable confidentiality requirements, including Section
14100.2, the State Department of Health Services, or its designated
representatives, shall have access to all medical records of Medi-Cal
or Medicare/Medi-Cal eligible persons who apply or are referred for
admission to a long-term health care facility. It is further the
intent of the Legislature that the State Department of Health
Services shall coordinate with the Multipurpose Senior Services
Program or similar case management agencies, to the extent possible.
(e) All persons who are admitted to nursing homes for a short stay
as a result of preadmission screening shall have a discharge plan,
including projected length of stay and proposed discharge goal, that
shall be reviewed at least monthly for up to four months until the
medical status, the ability to perform activities of daily living,
and the determination of service needs indicate referral to
community-based services for care at home is appropriate.
All persons who are admitted to nursing homes for prolonged care
as a result of preadmission screening shall be reviewed for their
potential for community-based care during the process of
reauthorization of prolonged care Treatment Authorization Request
(TAR) and, if appropriate, be referred to community-based service.
(f) All Medi-Cal recipients residing in nursing homes who have not
been preadmission screened shall be reviewed for their potential for
postadmission screening. Those persons identified as having the
potential for living in the community with the support of
community-based services shall be postadmission screened and referral
made to community-based services, if appropriate. Priority for
postadmission screening shall be given to those persons who have been
in nursing homes six months or less. All Medi-Cal recipients
residing in nursing homes on a six-month or less Treatment
Authorization Request (TAR) shall be postadmission screened within
six months of the effective date of this section. All other Medi-Cal
recipients residing in nursing homes shall be postadmission screened
within 12 months of the effective date of this section. The State
Department of Health Services shall give priority to qualified
Multipurpose Senior Services Providers (MSSP) to conduct
postadmission screening.
(g) Contractors operating under Medi-Cal capitated, case
management-based contracts entered into under the authority of this
chapter or Chapter 8 (commencing with Section 14200) of Part 3 of
Division 9 shall assess each covered Medi-Cal patient residing in a
long-term care facility or for whom long-term institutional care is
contemplated, is assessed for diversion by referral to
community-based resources and ambulatory health care services and
makes the diversion when feasible on a timely basis. Contractors
with existing department-approved utilization review plans that
include an activity of this type shall be deemed to be in compliance
with this section.
(h) The State Department of Health Services may delegate the
responsibility for carrying out the provisions of this section to
Medi-Cal at risk, capitated contractors or projects which do not have
a case management feature. The contracts or projects shall operate
under one of the following arrangements:
(1) The contractor or project shall adhere to the procedures
developed by the State Department of Health Services to carry out
this section.
(2) The contractor or project may, subject to the approval of the
State Department of Health Services, revise the department's
procedures or adopt its own procedures, provided that the alternative
procedures satisfy the intent of this section.
(i) Contractors operating as Medi-Cal capitated case management
based contractors pursuant to contracts entered into under the
authority of Chapter 8 (commencing with Section 14200) of Part 3 of
Division 9 and Sections 101750 and 101755 of the Health and Safety
Code shall ensure that for each covered Medi-Cal patient resident in
a long-term care facility or for whom long-term institutional care is
contemplated, the patient's potential is assessed for diversion by
referral to community-based resources and ambulatory health care
services and that the diversion occurs, when feasible, on a timely
basis. Contractors with approved utilization review plans approved
by the State Department of Health Services that included an activity
of this type through delegation or other acceptable means, shall be
deemed to be in compliance with this section.
(j) The State Department of Health Services shall review each
capitated contractor's arrangements for and provision of preadmission
and postadmission screening during the annual medical audit of the
contractor.
SEC. 467. Section 11330.8 of the Welfare and Institutions Code is
amended to read:
11330.8. (a) Counties may contract for the provision of case
management services, as defined in subdivision (b) of Section
11330.2, and in Section 11330.5, only with public or nonprofit
agencies that administer services under the Adolescent Family Life
Program (Article 1 (commencing with Section 124175) of Chapter 4 of
Part 2 of Division 106 of the Health and Safety Code), school
districts, or other public or nonprofit agencies approved by the
department.
(b) Contracting with an adolescent family life program shall be
deemed to fulfill the case management requirements of subdivision (b)
of Section 11330.2.
(c) If a county chooses to contract out some or all of the case
management services required under this article, the county plan
shall specifically list the reasons for that decision.
(d) If a county chooses to contract for case management services
pursuant to subdivision (a), the county shall maintain one or more
liaison staff members who have expertise in the special needs of
teenage parents.
SEC. 468. Section 11333 of the Welfare and Institutions Code is
amended to read:
11333. (a) Except as provided in subdivision (b), counties shall
contract for the provision of case management services, as described
in subdivision (b) of Section 11331.7 and in Section 11332.5, with
public or nonprofit agencies or school districts that administer
services under the Adolescent Family Life Program (Article 1
(commencing with Section 124175) of Chapter 4 of Part 2 of Division
106 of the Health and Safety Code).
(b) Counties may contract with other public or nonprofit agencies
or school districts for case management services or provide case
management services directly in cases where services from contractors
under the Adolescent Family Life Program are not available or
cost-effective, or where the county has an existing teen services
program, and if all the following conditions are met:
(1) The Director of Health Services has determined that the
services conform to the standards and scope of services provided
through the Adolescent Family Life Program.
(2) The county plan includes a justification for not contracting
with the Adolescent Family Life Program.
(3) The services are designed with the cooperation of the local
health agency.
(c) Counties shall include Adolescent Family Life Program
contractors in their planning of Cal-Learn implementation.
(d) In implementing this section and developing model contracts,
the department shall consult with the State Department of Health
Services so as to promote the purposes of this program.
SEC. 469. Section 14021.7 of the Welfare and Institutions Code is
amended to read:
14021.7. (a) The department shall amend the state plan for
medical assistance under the Medicaid program pursuant to subdivision
(g) of Section 1396n of Title 42 of the United States Code, to add
targeted case management services for those pregnant and parenting
adolescents and their children, targeted by the department, in those
localities served on January 1, 1991, by the Adolescent Family Life
Program (Article 1 (commencing with Section 124175) of Chapter 4 of
Part 2 of Division 106 of the Health and Safety Code), as a covered
benefit under the Medi-Cal program. The department shall submit the
amended plan for federal approval by April 1, 1991.
(b) For purposes of this section, the term "targeted case
management services" shall be defined as those services provided to
pregnant and parenting adolescents pursuant to Article 1 (commencing
with Section 124175) of Chapter 4 of Part 2 of Division 106 of the
Health and Safety Code.
(c) Upon federal approval for federal financial assistance, the
department shall establish the standards under which targeted case
management services qualify as a Medi-Cal reimbursable service,
subject to the availability of funding through the budget process,
and shall develop an appropriate rate of reimbursement, subject to
utilization controls.
SEC. 470. Section 14081.5 of the Welfare and Institutions Code is
amended to read:
14081.5. Hospitals that are not selected for contracting under
this article and that have negotiated in good faith to obtain a
contract need not fulfill preexisting obligations relating to the
provision of inpatient services to Medi-Cal beneficiaries arising
under Section 15459 of the Government Code, and subdivision (j) of
Section 129050 of, paragraph (4) of subdivision (b) of Section 127175
of, the Health and Safety Code, so long as this article remains in
effect.
SEC. 471. Section 14087.6 of the Welfare and Institutions Code is
amended to read:
14087.6. A county that has contracted for the provision of
services pursuant to this article may provide the services directly
to recipients, or arrange for any or all of the services to be
provided by subcontracting with primary care providers, health
maintenance organizations, insurance carriers, or other entities or
individuals. The subcontracts may utilize a prospectively negotiated
reimbursement rate, fee-for-service, retainer, capitation, or other
basis for payment. The rate of payment established under the
contract shall not exceed the total per capita amount that the
department estimates would be payable for all services and
requirements covered under the contract if all these services and
requirements were to be furnished Medi-Cal beneficiaries under the
Medi-Cal fee-for-service program.
Counties that are responsible for providing health care under this
chapter shall make efforts to utilize existing health service
resources where these resources can be estimated by the county to
result in lower total long-term costs and accessibility quality care
to persons served under this chapter. The granting of a certificate
of need pursuant to the criteria set forth in Section 127200 of the
Health and Safety Code or a certificate of exemption pursuant to the
criteria set forth in Section 127175 of the Health and Safety Code
shall satisfy the intent of this provision.
SEC. 472. Section 14094.3 of the Welfare and Institutions Code is
amended to read:
14094.3. (a) Notwithstanding this article or Section 14093.05 or
14094.1, CCS covered services shall not be incorporated into any
Medi-Cal managed care contract entered into after August 1, 1994,
pursuant to Article 2.7 (commencing with Section 14087.3), Article
2.8 (commencing with Section 14087.5), Article 2.9 (commencing with
Section 14088), Article 2.91 (commencing with Section 14089), Article
2.95 (commencing with Section 14092); or either Article 2
(commencing with Section 14200), or Article 7 (commencing with
Section 14490) of Chapter 8, until three years after the effective
date of the contract.
(b) Notwithstanding any other provision of this chapter, providers
serving children under the CCS program who are enrolled with a
Medi-Cal managed care contractor but who are not enrolled in a pilot
project pursuant to subdivision (c) shall continue to submit billing
for CCS covered services on a fee-for-service basis until CCS covered
services are incorporated into the Medi-Cal managed care contracts
described in subdivision (a).
(c) (1) The department may authorize a pilot project in Solano
County in which reimbursement for conditions eligible under the CCS
program may be reimbursed on a capitated basis pursuant to Section
14093.05, and provided all CCS program's guidelines, standards, and
regulations are adhered to, and CCS program's case management is
utilized.
(2) During the three-year time period described in subdivision
(a), the department may approve, implement, and evaluate limited
pilot projects under the CCS program to test alternative managed care
models tailored to the special health care needs of children under
the CCS program. The pilot projects may include, but need not be
limited to, coverage of different geographic areas, focusing on
certain subpopulations, and the employment of different payment and
incentive models. Pilot project proposals from CCS program-approved
providers shall be given preference. All pilot projects shall
utilize CCS program-approved standards and providers pursuant to
Section 14094.1.
(d) (1) The department shall submit to the appropriate committees
of the Legislature an evaluation of pilot projects established
pursuant to subdivision (c) based on at least one full year of
operation.
(2) The evaluation required by paragraph (1) shall address the
impact of the pilot projects on outcomes as set forth in paragraph
(4) and, in addition, shall do both of the following:
(A) Examine the barriers, if any, to incorporating CCS covered
services into the Medi-Cal managed care contracts described in
subdivision (a).
(B) Compare different pilot project models with the
fee-for-service system. The evaluation shall identify, to the extent
possible, those factors that make pilot projects most effective in
meeting the special needs of children with CCS eligible conditions.
(3) CCS covered services shall not be incorporated into the
Medi-Cal managed care contracts described in subdivision (a) before
the evaluation process has been completed.
(4) The pilot projects shall be evaluated to determine if:
(A) All children enrolled with a Medi-Cal managed care contractor
described in subdivision (a) identified as having a CCS eligible
condition are referred in a timely fashion for appropriate health
care.
(B) All children in the CCS program have access to coordinated
care that includes primary care services in their own community.
(C) CCS program standards are adhered to.
(e) For purposes of this section, CCS covered services include all
program benefits administered by the program specified in Section
123840 of the Health and Safety Code regardless of the funding
source.
(f) Nothing in this section shall be construed to exclude or
restrict CCS eligible children from enrollment with a managed care
contractor or from receiving from the managed care contractor with
which they are enrolled primary and other health care unrelated to
the treatment of the CCS eligible condition.
SEC. 473. Section 14103.8 of the Welfare and Institutions Code is
amended to read:
14103.8. (a) Medi-Cal services for beneficiaries who are eligible
for services under the California Children's Services Act (Article 5
(commencing with Section 123800) of Chapter 3 of Part 2 of Division
106 of the Health and Safety Code) as well as the Medi-Cal program
shall be subject to prior authorization by the director.
(b) Claims for payment of prior authorized services shall be
reviewed by postpayment audit conducted by the department, and shall
not be subject to prepayment review under the California Children's
Services Act prior to submission to the Medi-Cal fiscal intermediary.
(c) The California Children's Services program may require all
applicants who are potentially eligible for cash grant public
assistance to apply for Medi-Cal eligibility prior to becoming
eligible for funded services.
SEC. 473.5. Section 14105.5 of the Welfare and Institutions Code
is amended to read:
14105.5. The director or prepaid health plans shall make no
payment for services rendered prior to January 1, 1977, to any health
facility that secures a license under the provisions of Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code after July 1, 1970,
covering a new facility or additional bed capacity or the conversion
of existing bed capacity to a different license category, unless the
licensee received a favorable final decision by the voluntary area
health planning agency in the area, the consumer members of a
voluntary area health planning agency acting as an appeals body or
the Advisory Health Council pursuant to Sections 127155 to 127235,
inclusive, of the Health and Safety Code; or unless the licensee had
filed an application for a license prior to January 1, 1970, and the
application met all then-existing requirements and regulations of the
appropriate state agency at the time of application including, at
least, preliminary submission of plans, and if the licensee commences
construction of his or her project prior to July 1, 1971, and if the
licensee has on file with the department a notarized affidavit from
the building department having jurisdiction indicating that
substantial progress on the approved project was attained by January
1, 1973, and the licensee has on file with the county recorder and
department a valid notice of construction completion indicating
January 1, 1974, as the completion date; except that the department
shall extend the foregoing dates by no more than a total of two years
in the case of projects where delay has resulted from the death of
the original applicant, and shall extend the foregoing dates by no
more than a total of one year in the case of projects where other
good cause has been shown why the extension should be granted. The
exception provided for in the preceding sentence with respect to
applications filed prior to January 1, 1970, except for transfers
executed before November 30, 1970, or after July 1, 1971, shall not
apply to transferees of the applications of the original applicants.
Voluntary area health planning agencies may extend, until July 1,
1972, the date upon which applicants, qualifying under the exception
in this section, shall commence construction, if the voluntary area
health planning agencies declare that good cause has been shown why
the extension should be granted, provided that an applicant applying
for the extension had, prior to January 1, 1970, received approval of
a health planning association in the county wherein the applicant is
located. Applicants receiving extension of the construction
commencement date shall have on file with the department a notarized
affidavit from the building department having jurisdiction indicating
that substantial progress on the approved project was attained by
January 1, 1974, and have on file with the county recorder and
department a valid notice of construction completion indicating
January 1, 1975, as the completion date; except that the department
shall extend each of the foregoing dates by no more than a total of
one year in the case of projects where good cause has been shown why
the extension should be granted.
(a) For the purposes of this section, "substantial progress" is
defined and evidenced as follows:
(1) For structures of three or fewer stories, completion of the
foundations and footings; the structural frame; the mechanical,
electrical, and plumbing rough-in; the rough flooring; the exterior
walls and windows; and the finished roof.
(2) For structures of more than three stories, a contractor's
schedule of work shall be filed with the department by January 1,
1973. Every three months thereafter, until completion, evidence
shall be submitted to the department that construction is progressing
on that schedule.
(b) For the purposes of this section, construction of a project is
deemed commenced on the date the applicant was so notified by the
department, if so notified, or on the date the applicant has
completed not less than all of the following:
(1) Submission to the appropriate state agency of a written
agreement executed between the applicant and a licensed general
contractor to construct and complete the facility within a designated
time schedule in accordance with final architectural plans and
specifications approved by the agency.
(2) Obtaining the initial permits or approval for commencing work
on the project that is customarily issued for projects of the scope
of applicant by the governmental agency having jurisdiction over the
construction.
(3) Completion of construction work on the project to such a
degree as to justify and require a progress payment by the applicant
to the general contractor under terms of the construction agreement.
SEC. 474. Section 14126.25 of the Welfare and Institutions Code is
amended to read:
14126.25. (a) The department shall establish rates pursuant to
this article on the basis of facility cost data reported in the
integrated long-term care disclosure and Medi-Cal cost report
required by Section 128730 of the Health and Safety Code.
(b) (1) The department and the Office of Statewide Health Planning
and Development, in consultation with nursing home labor, patient
rights advocates, and provider associations shall make changes to the
disclosure and cost report necessary to implement this article.
(2) In addition to changes to the disclosure and cost reports
identified in paragraph (1) of subdivision (b), raw food costs shall
be separately reported on the cost reports.
(c) The process of making those changes shall be exempt from the
public hearing process.
(d) Facilities shall submit annual reports representing a fiscal
reporting period, including any partial period report required by
law.
(e) The facilities shall submit the reports required by
subdivision (d) pursuant to Section 128755 of the Health and Safety
Code.
(f) The Office of Statewide Health Planning and Development shall
develop any procedures necessary to phase in this section.
(g) (1) Facilities providing intermediate care-habilitative and
intermediate care-nursing services shall submit cost reports to the
department within four months after the close of the filing
organization's fiscal year.
(2) Cost reports required by paragraph (1) shall be filed by
electronic media, as determined by the department. This filing
period shall be implemented during a transition period, determined by
the department in consultation with the State Department of
Developmental Services and provider associations.
(3) The department shall establish reimbursement rates August 1 of
each year on the basis of cost data submitted by facilities required
to report under this section for the most recent reporting period
available from the Office of Statewide Health Planning, as defined
under the state medicaid plan.
SEC. 475. Section 14126.40 of the Welfare and Institutions Code is
amended to read:
14126.40. (a) To facilitate expeditious review by the department,
an application for a new license shall include an estimated date of
actual sale.
(b) A copy of the application for a new license shall be submitted
to the Office of Statewide Health Planning and Development.
(c) The previous licensee of the facility shall send the
department a copy of the final reports submitted to the Office of
Statewide Health Planning and Development pursuant to Section 128735,
and subdivision (b) of Section 128755 of the Health and Safety Code.
(d) If the director determines that a closeout audit of the
facility is appropriate, the department shall conduct and complete
the audit and issue a report within 60 days after a complete and
usable cost report has been filed with the office and received by the
department in accordance with subdivision (c).
SEC. 476. Section 14132.22 of the Welfare and Institutions Code,
as amended by Chapter 537 of the Statutes of 1995, is amended to
read:
14132.22. (a) (1) Transitional inpatient care services, as
described in this section and provided by a qualified health
facility, is a covered benefit under this chapter, subject to
utilization controls and subject to the availability of federal
financial participation. These services shall be available to
individuals needing short-term medically complex or intensive
rehabilitative services, or both.
(2) The department shall seek any necessary approvals from the
federal Health Care Financing Administration to ensure that
transitional inpatient care services, when provided by a general
acute care hospital, will be considered for purposes of determining
whether a hospital is deemed to be a disproportionate share hospital
pursuant to Section 1396r-4(b) of Title 42 of the United States Code
or any successor statute.
(3) Transitional inpatient care services shall be available to
Medi-Cal beneficiaries who do not meet the criteria for eligibility
for the subacute program provided for pursuant to Section 14132.25,
but who need more medically complex and intensive rehabilitative
services than are generally available in a skilled nursing facility,
and who are clinically stable and no longer need the level of
diagnostic and ancillary services provided generally in an acute care
facility.
(b) For purposes of this section, "transitional inpatient care"
means the level of care needed by an individual who has suffered an
illness, injury, or exacerbation of a disease, and whose medical
condition has clinically stabilized so that daily physician services
and the immediate availability of technically complex diagnostic and
invasive procedures usually available only in the acute care hospital
are not medically necessary, and when the physician assuming the
responsibility of treatment management of the patient in transitional
care has developed a definitive and time-limited course of
treatment. The individual's care needs may be medical,
rehabilitative, or both. However, the individual shall fall within
one of the two following patient groups:
(1) "Transitional medical patient," which means a medically stable
patient with short-term transitional care needs, whose primary
barrier to discharge to a residential setting is medical status
rather than functional status. These patients may require simple
rehabilitation therapy, but not a rehabilitation program appropriate
for multiple interrelated areas of functional disability.
(2) "Transitional rehabilitation patient," which means a medically
stable patient with short-term transitional care needs, whose
primary barrier to discharge to a residential setting is functional
status, rather than medical status, and who has the capacity to
benefit from a rehabilitation program as determined by a physiatrist
or physician otherwise skilled in rehabilitation medicine. These
patients may have unresolved medical problems, but these problems
must be sufficiently controlled to allow participation in the
rehabilitation program.
(c) In implementing the transitional inpatient care program the
department shall consider the differences between the two patient
groups described in paragraphs (1) and (2) of subdivision (b) and
shall assure that each group's specific health care needs are met.
(d) For the initial two years following the implementation of this
program, transitional inpatient care services shall be made
available only to qualifying Medi-Cal beneficiaries who are 18 years
of age or older.
(e) For the initial two years following implementation of this
program, transitional inpatient care services shall not be available
to patients in acute care hospitals defined as small and rural
pursuant to Section 124840 of the Health and Safety Code.
(f) (1) Transitional inpatient care services may be provided by
general acute care hospitals that are licensed pursuant to Chapter 2
(commencing with Section 1250) of Division 2 of the Health and Safety
Code. General acute care hospitals may provide transitional
inpatient care services in the acute care hospital, an acute
rehabilitation center, or the distinct part skilled nursing unit of
the acute care hospital. Licensed skilled nursing facilities, as
defined in subdivision (c) of Section 1250 of the Health and Safety
Code, may also provide the services described in subdivision (b).
(2) Costs of providing transitional inpatient care services in
nonsegregated parts of the distinct part skilled nursing unit of the
acute care hospital shall be determinable, in the absence of distinct
and separate cost centers established for this purpose. Costs of
providing transitional inpatient care services in nondistinct parts
of the acute care hospital shall be determinable, in the absence of
distinct and separate cost centers established for this purpose. A
separate and distinct cost center shall be maintained or established
for each unit in freestanding skilled nursing facilities in which the
services described in subdivision (b) are provided, in order to
identify and segregate costs for transitional inpatient care patients
from costs for other patients who may be served within the parent
facility.
(g) In order to participate as a provider in the transitional
inpatient care program, a facility shall meet all applicable
standards necessary for participation in the Medi-Cal program and all
of the following:
(1) If the health facility is a freestanding nursing facility, it
shall be located in close proximity to a general acute care hospital
with which the facility has a transfer agreement in order to support
the capability to respond to medical emergencies.
(2) The health facility shall demonstrate, to the department,
competency in providing high quality care to all patients for whom
the facility provides care, experience in providing high quality care
to the types of transitional inpatient care patients the facility
proposes to serve, and the ability to provide transitional inpatient
care to patients pursuant to this chapter.
(3) The health facility shall enter into a provider agreement with
the department for the provision of transitional inpatient care.
The provider agreement shall specify whether the facility is
authorized to serve transitional medical patients or transitional
rehabilitation patients, or both, depending on the facility's
demonstrated ability to meet standards specific to each patient
group. Continuation of the provider agreement shall be contingent
upon the facility's continued compliance with all the applicable
requirements of this section and any other applicable laws or
regulations.
(h) In determining a facility's qualifications for initial
participation, an onsite review shall be conducted by the department.
Subsequent review shall be conducted onsite as necessary, but not
less frequently than annually. Initial and subsequent reviews shall
be conducted by appropriate department personnel, who shall include a
registered nurse and other health professionals where appropriate.
The department shall develop written protocols for reviews.
(i) Transitional inpatient care services shall be available to
patients receiving care in an acute care hospital. Under specified
circumstances, as set forth in regulations, transitional inpatient
care shall be available to patients transferring directly from a
skilled nursing facility level of care, a physician's office, a
clinic, or from the emergency room of a general acute care hospital,
provided they have received a comprehensive medical assessment
conducted by a physician, and the physician determines, and documents
in the medical record, that the patient has been clinically stable
for the 24 hours preceding admission to the transitional inpatient
care program.
(j) A health facility providing transitional inpatient care shall
accept and retain only those patients for whom it can provide
adequate, safe, therapeutic, and effective care, and as identified in
its application for participation as a transitional inpatient care
provider. The facility's determination to accept a patient into the
transitional inpatient care unit shall be based on its preadmission
screening process conducted by appropriate facility personnel.
(k) The department shall establish a process for providing timely,
concurrent authorization and coordination, as required, of all
medically necessary services for transitional inpatient care.
(l) The department shall adopt regulations specifying admission
criteria and an admission process appropriate to each of the
transitional inpatient care patient groups specified in subdivision
(b). Patient admission criteria to transitional inpatient care shall
include, but not be limited to, the following:
(1) Prior to admission to transitional inpatient care, the patient
shall be determined to have been clinically stable for the preceding
24 hours by the attending physician and the physician assuming the
responsibility of treatment management of the patient in the
transitional inpatient care program.
(2) The patient shall be admitted to transitional inpatient care
on the order of the physician assuming the responsibility of the
management of the patient, with an established diagnosis, and an
explicit time-limited course of treatment of sufficient detail to
allow the facility to initiate appropriate assessments and services.
No patient shall be transferred from an acute care hospital to a
transitional inpatient care program that is in a freestanding nursing
facility if the patient's attending physician documents in the
medical record that the transfer would cause physical or
psychological harm to the patient.
(3) (A) Medical necessity for transitional care shall include, but
not be limited to, one or more of the following:
(i) Intravenous therapy.
(ii) Rehabilitative services.
(iii) Wound care.
(iv) Respiratory therapy.
(v) Traction.
(B) The department shall develop regulations further defining the
services to be provided pursuant to clauses (i) to (v), inclusive,
and the circumstances under which these services shall be provided.
(m) Registered nurses shall be assigned to the transitional
inpatient care unit at all times and in sufficient numbers to allow
for the ongoing patient assessment, patient care, and supervision of
licensed and unlicensed staff. Participating facilities shall assure
that staffing is adequate in number and skill mix, at all times, to
address reasonably anticipated admissions, discharges, transfers,
patient emergencies, and temporary absences of staff from the
transitional care unit including, but not limited to, absences to
attend meetings or inservice training. All licensed and certified
health care personnel shall hold valid, current licensure or
certification.
(n) Continued medical assessments shall be of sufficient frequency
as to adequately review, evaluate, and alter plans of care as needed
in response to patients' medical progress.
(o) The department shall develop a rate of reimbursement for
transitional inpatient care services for providers as specified in
subdivision (f). Reimbursement rates shall be specified in
regulation and in accordance with methodologies developed by the
department and may include the following:
(1) All inclusive per diem rates.
(2) Individual patient specific rates according to the needs of
the individual transitional care patient.
(3) Other rates subject to negotiation with the health facility.
(p) Reimbursement at transitional inpatient care rates shall only
be implemented when funds are available for this purpose pursuant to
the annual Budget Act. Funds expended to implement this section
shall be used by providers to assure safe, therapeutic and effective
patient care by staffing at levels which meet patients' needs, and to
ensure that these providers have the needed resources and staff to
provide quality care to transitional inpatient care patients.
(q) (1) The department shall reimburse physicians for all
medically necessary care provided to transitional inpatient care
patients and shall establish Medi-Cal physician reimbursement rates
commensurate with those for visits to nontransitional acute care
patients in acute care hospitals.
(2) It is the intent of this subdivision to cover physician costs
not included in the per diem rate.
(r) No later than January 1, 1999, the department shall evaluate,
and make recommendations regarding, the effectiveness and safety of
the transitional inpatient care program. The evaluation shall be
developed in consultation with representatives of providers, facility
employees, and consumers. The department may contract for all or a
portion of the evaluation. The evaluation shall be for the purpose
of determining the impact of the transitional inpatient care program
on patient care, including functional outcomes, if applicable, on
whether the care costs less than other alternatives, and whether it
results in the deterioration of patient health and safety as compared
to other placements. The evaluation shall also be for the purpose
of determining the effect on patients other than those receiving
transitional inpatient care in participating facilities. The
evaluation shall include:
(1) Data on patient mortality, patients served, length of stay,
and subsequent placement or discharge.
(2) Data on readmission to acute care and emergency room
transfers.
(3) Staffing standards in the facilities.
(4) Other outcome measures and indicia of patient health and
safety otherwise required to be reported by federal or state law.
(s) The department shall develop regulations to amend Sections
51540 to 51556, inclusive, of Title 22 of the California Code of
Regulations, to exclude the cost of transitional inpatient care
services rendered in general acute care hospitals from the hospital's
inpatient services reimbursement.
(t) The department may adopt emergency regulations as necessary to
implement this section in accordance with the Administrative
Procedures Act, Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. The initial
adoption of emergency regulations shall be deemed to be an emergency
and considered by the Office of Administrative Law as necessary for
the immediate preservation of public peace, health and safety, or
general welfare. Emergency regulations adopted pursuant to this
section shall remain in effect for no more than 180 days. If the
department adopts emergency regulations to implement this section,
the department shall obtain input from interested parties to address
the unique needs of medically complex and intensive rehabilitative
patients qualifying for transitional inpatient care. Notwithstanding
the requirements of this section, the department shall, if it adopts
emergency regulations to implement this section, address the
following major subject areas:
(1) Patient selection and assessment criteria, including, but not
limited to, preadmission screening, patient assessments, physician
services, and interdisciplinary teams.
(2) Facility participation criteria and agreements, including but
not limited to, facility licensing and certification history,
demonstration to the department of a preexisting history in providing
care to medically complex or intensive rehabilitative patients, data
reporting requirements, demonstration of continued ability to
provide high quality of care to all patients, nurse staffing
requirements, ancillary services, and staffing requirements.
(u) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2000, deletes or
extends that date.
SEC. 477. Section 14132.77 of the Welfare and Institutions Code is
amended to read:
14132.77. (a) (1) Any rural hospital may request to participate
in a two-year pilot project to perform delegated acute inpatient
hospital treatment authorization review under the Medi-Cal program.
(2) Any hospital that elects to participate in the pilot project
under this section shall enter into an agreement with the department
to ensure the appropriateness of the treatments and services that it
provides to a Medi-Cal beneficiary.
(3) Any rural hospital that elects to participate in a pilot
project pursuant to this section shall remain in the project for not
less than one year, unless it is removed by the department pursuant
to subdivision (c).
(b) The department shall review, on a random basis, every six
months, up to 25 percent of the Medi-Cal beneficiaries treated by
each participating hospital. As long as a hospital participates in a
pilot project authorized by this section, reviews required by this
section shall not interfere with, or delay, the processing of the
hospital's claims for payment. Consistent with subdivision (c), if
the department finds that a hospital participating in a pilot project
under this section is accumulating a significant overpayment, the
department shall notify the provider.
(c) (1) (A) If the department determines, as a result of a review
required by subdivision (b), that the hospital has provided treatment
that cannot be approved by the department, the department shall take
an immediate disallowance that shall require offsets against pending
Medi-Cal payments and any direct payment that may be required by the
department. The disallowance shall be based on full extrapolation
of the sample to the universe of Medi-Cal days covered by the sample
period.
(B) In addition to the requirements of subparagraph (A), if the
department determines that the hospital has provided treatment that
cannot be approved by the department for 3 percent or more of the
Medi-Cal beneficiary days, the department shall take corrective
action relative to the hospital's participation in the pilot project.
The corrective action shall include at least one of the following
actions:
(i) The revocation of the hospital's participation pursuant to
subdivision (a).
(ii) An increased random review process.
(iii) Mandatory educational programs.
(2) After the random review required by subdivision (b), the
hospital shall, through the reduction of the regularly scheduled
periodic interim payment over a one-year period, pay the state an
amount equal to the reimbursement received by the hospital for
services for which approval has been denied and extrapolated pursuant
to paragraph (1). This paragraph does not preclude any hospital
from appealing a determination of the department under Article 5.3
(commencing with Section 14170). However, any issue under appeal
shall not delay any disallowance or corrective action taken by the
department under paragraph (1) until the appeal is resolved.
(d) The department may reinstate any hospital's participation
revoked pursuant to subdivision (c) if, after a period of three
months, the hospital's requests for a treatment authorization are not
denied in 3 percent or more of the Medi-Cal days.
(e) Six
months after the conclusion of the first year of the pilot project,
the department shall prepare a report with an evaluation of the
project and shall submit it to the appropriate committees of the
Legislature. The department shall include its determination as to
whether the project should be extended, modified, or terminated in
the report and the basis for any determinations made by the
department.
(f) (1) As part of the pilot project implemented under this
section, the department may, subject to federal approval, authorize
the reimbursement of a participating rural hospital at a
predetermined amount every two weeks or on some other basis
determined to be appropriate by the department. Following every
six-month period, the department shall immediately begin adjustment
of any overpayment or underpayment, based on the amount paid to the
provider as compared to the actual amount of claims approved by the
department. Any hospital that is selected to participate in the
pilot project under this section that elects to be paid for acute
inpatient services under this subdivision shall be subject to the
payment provisions of this section for the duration of the hospital's
participation in the pilot project.
(2) The amount of reimbursement under paragraph (1) shall be based
on the actual claims payment experience for each hospital for the
immediately preceding period of six months and rate adjustments made
in accordance with existing Medi-Cal reimbursement requirements.
(g) For purposes of this section, "rural hospital" means a small
and rural hospital as defined in Section 124840 of the Health and
Safety Code.
(h) The scope of the pilot project shall be subject to federal
approval and the necessary resources made available from sources
other than the General Fund or savings from program efficiencies that
may be identified for this purpose.
(i) The department shall implement this section only upon receipt
of all appropriate federal waivers.
SEC. 478. Section 14138 of the Welfare and Institutions Code is
amended to read:
14138. (a) To the extent permitted by federal law, the department
shall purchase vaccines and biological products in bulk from the
Centers for Disease Control or any other sources at the lowest cost
possible, for use by providers of services under this chapter and the
Child Health and Disability Prevention program under Article 6
(commencing with Section 124025) of Chapter 3 of Part 2 of Division
106 of the Health and Safety Code, in the immunization of eligible
children.
(b) It is the intent of the Legislature that, to the maximum
extent possible, any savings of General Fund moneys realized from the
program established pursuant to this section shall be reinvested in
programs that are most likely to increase access to, and the quality
of, immunization services for children.
(c) In order to achieve maximum cost savings, the Legislature
hereby determines that an expedited contract process for contracts
under this section is necessary. Therefore, contracts under this
section may be on a nonbid basis and shall be exempt from the
provisions of the Public Contract Code.
(d) No part of this section shall be construed to require the
department to undertake distribution of vaccines and biological
products.
SEC. 479. Section 14139 of the Welfare and Institutions Code is
amended to read:
14139. (a) The department shall expend, upon appropriation, any
savings accrued from the establishment and implementation of a bulk
purchase vaccine program to increase the participation of physicians
and surgeons, public and community-based health clinics, and health
care facilities as immunization providers under the Medi-Cal program
and under the child health and disability prevention programs
established pursuant to Article 6 (commencing with Section 124025) of
Chapter 3 of Part 2 of Division 106 of the Health and Safety Code
and to increase access to, and the quality of, immunization services
for publicly insured and uninsured children, and to provide funding
to counties to assist in the administration of local immunization
programs. These funds shall supplement, not supplant, existing state
and local funds.
(b) The department shall implement subdivision (a) at the earliest
possible time after a bulk purchase program for child vaccines is
implemented and savings from that program are realized.
(c) The department is encouraged to enlist the help of state and
local medical, nursing, and other appropriate associations and
societies to enhance private provider outreach programs, that shall
include, but not be limited to, components emphasizing the purposes
of the public vaccine program and discouraging the practice of
sending Medi-Cal and child health and disability prevention program
eligible children into county and other public clinics for
immunizations.
SEC. 480. Section 14148.3 of the Welfare and Institutions Code is
amended to read:
14148.3. The department shall seek federal approval to implement
obstetrical case management for Medi-Cal eligible pregnant women when
provided through the Child Health and Disability Prevention program
authorized under Article 6 (commencing with Section 124025) of
Chapter 3 of Part 2 of Division 106 of the Health and Safety Code.
SEC. 481. Section 14163 of the Welfare and Institutions Code, as
amended by Chapter 198 of the Statutes of 1996, is amended to read:
14163. (a) For purposes of this section, the following
definitions shall apply:
(1) "Public entity" means a county, a city, a city and county, the
University of California, a local hospital district, a local health
authority, or any other political subdivision of the state.
(2) "Hospital" means a health facility that is licensed pursuant
to Chapter 2 (commencing with Section 1250) of Division 2 of the
Health and Safety Code to provide acute inpatient hospital services,
and includes all components of the facility.
(3) "Disproportionate share hospital" means a hospital providing
acute inpatient services to Medi-Cal beneficiaries that meets the
criteria for disproportionate share status relating to acute
inpatient services set forth in Section 14105.98.
(4) "Disproportionate share list" means the annual list of
disproportionate share hospitals for acute inpatient services issued
by the department pursuant to Section 14105.98.
(5) "Fund" means the Medi-Cal Inpatient Payment Adjustment Fund.
(6) "Eligible hospital" means, for a particular state fiscal year,
a hospital on the disproportionate share list that is eligible to
receive payment adjustment amounts under Section 14105.98 with
respect to that state fiscal year.
(7) "Transfer year" means the particular state fiscal year during
which, or with respect to which, public entities are required by this
section to make an intergovernmental transfer of funds to the
Controller.
(8) "Transferor entity" means a public entity that, with respect
to a particular transfer year, is required by this section to make an
intergovernmental transfer of funds to the Controller.
(9) "Transfer amount" means an amount of intergovernmental
transfer of funds that this section requires for a particular
transferor entity with respect to a particular transfer year.
(10) "Intergovernmental transfer" means a transfer of funds from a
public entity to the state, that is local government financial
participation in Medi-Cal pursuant to the terms of this section.
(11) "Licensee" means an entity that has been issued a license to
operate a hospital by the department.
(12) "Annualized Medi-Cal inpatient paid days" means the total
number of Medi-Cal acute inpatient hospital days, regardless of dates
of service, for which payment was made by or on behalf of the
department to a hospital, under present or previous ownership, during
the most recent calendar year ending prior to the beginning of a
particular transfer year, including all Medi-Cal acute inpatient
covered days of care for hospitals that are paid on a different basis
than per diem payments.
(13) "Medi-Cal acute inpatient hospital day" means any acute
inpatient day of service attributable to patients who, for those
days, were eligible for medical assistance under the California state
plan, including any day of service that is reimbursed on a basis
other than per diem payments.
(14) "OBRA 1993 payment limitation" means the hospital-specific
limitation on the total annual amount of payment adjustments to each
eligible hospital under the payment adjustment program that can be
made with federal financial participation under Section 1396r-4(g) of
Title 42 of the United States Code as implemented pursuant to the
Medi-Cal State Plan.
(b) The Medi-Cal Inpatient Payment Adjustment Fund is hereby
created in the State Treasury. Notwithstanding Section 13340 of the
Government Code, the fund shall be continuously appropriated to, and
under the administrative control of, the department for the purposes
specified in subdivision (d). The fund shall consist of the
following:
(1) Transfer amounts collected by the Controller under this
section, whether submitted by transferor entities pursuant to
applicable provisions of this section or obtained by offset pursuant
to subdivision (j).
(2) Any other intergovernmental transfers deposited in the fund,
as permitted by Section 14164.
(3) Any interest that accrues with respect to amounts in the fund.
(c) Moneys in the fund, which shall not consist of any state
general funds, shall be used as the source for the nonfederal share
of payments to hospitals pursuant to Section 14105.98. Moneys shall
be allocated from the fund by the department and matched by federal
funds in accordance with customary Medi-Cal accounting procedures,
and used to make payments pursuant to Section 14105.98.
(d) Except as otherwise provided in Section 14105.98 or in any
provision of law appropriating a specified sum of money to the
department for administering this section and Section 14105.98,
moneys in the fund shall be used only for the following:
(1) Payments to hospitals pursuant to Section 14105.98.
(2) Except for the amount transferred pursuant to paragraph (3),
transfers to the Health Care Deposit Fund as follows:
(A) In the amount of two hundred thirty-nine million seven hundred
fifty-seven thousand six hundred ninety dollars ($239,757,690), for
the 1994-95 and 1995-96 fiscal years.
(B) In the amount of two hundred twenty-nine million seven hundred
fifty-seven thousand six hundred ninety dollars ($229,757,690) for
the 1996-97 fiscal year and each fiscal year thereafter.
(C) Notwithstanding any other provision of law, the amount
specified in this paragraph shall be in addition to any amounts
transferred to the Health Care Deposit Fund arising from changes of
any kind attributable to payment adjustment years prior to the
1993-94 payment adjustment year. These transfers from the fund shall
be made in six equal monthly installments to the Medi-Cal local
assistance appropriation item (Item 4260-101-001 of the annual Budget
Act) in support of Medi-Cal expenditures. The first installment
shall accrue in October of each transfer year, and all other
installments shall accrue monthly thereafter from November through
March.
(3) In the 1993-94 fiscal year, in addition to the amount
transferred as specified in paragraph (2), fifteen million dollars
($15,000,000) shall also be transferred to the Medi-Cal local
assistance appropriation item (Item 4260-101-001) of the Budget Act
of 1993.
(e) For the 1991-92 state fiscal year, the department shall
determine, no later than 70 days after the enactment of this section,
the transferor entities for the 1991-92 transfer year. To make this
determination, the department shall utilize the disproportionate
share list for the 1991-92 fiscal year, which shall be issued by the
department no later than 65 days after the enactment of this section,
pursuant to paragraph (1) of subdivision (f) of Section 14105.98.
The department shall identify each eligible hospital on the list for
which a public entity is the licensee as of July 1, 1991. The public
entity that is the licensee of each identified eligible hospital
shall be a transferor entity for the 1991-92 transfer year.
(f) The department shall determine, no later than 70 days after
the enactment of this section, the transfer amounts for the 1991-92
transfer year.
The transfer amounts shall be determined as follows:
(1) The eligible hospitals for 1991-92 shall be identified. For
each hospital, the applicable total per diem payment adjustment
amount under Section 14105.98 for the 1991-92 transfer year shall be
computed. This amount shall be multiplied by 80 percent of the
eligible hospital's annualized Medi-Cal inpatient paid days as
determined from all Medi-Cal paid claims records available through
April 1, 1991. The products of these calculations for all eligible
hospitals shall be added together to determine an aggregate sum for
the 1991-92 transfer year.
(2) The eligible hospitals for 1991-92 involving transferor
entities as licensees shall be identified. For each hospital, the
applicable total per diem payment adjustment amount under Section
14105.98 for the 1991-92 transfer year shall be computed. This
amount shall be multiplied by 80 percent of the eligible hospital's
annualized Medi-Cal inpatient paid days as determined from all
Medi-Cal paid claims records available through April 1, 1991. The
products of these calculations for all eligible hospitals with
transferor entities as licensees shall be added together to determine
an aggregate sum for the 1991-92 transfer year.
(3) The aggregate sum determined under paragraph (1) shall be
divided by the aggregate sum determined under paragraph (2), yielding
a factor to be utilized in paragraph (4).
(4) The factor determined in paragraph (3) shall be multiplied by
the amount determined for each hospital under paragraph (2). The
product of this calculation for each hospital in paragraph (2) shall
be divided by 1.771, yielding a transfer amount for the particular
transferor entity for the transfer year.
(g) For the 1991-92 transfer year, the department shall notify
each transferor entity in writing of its applicable transfer amount
or amounts no later than 70 days after the enactment of this section.
(h) For the 1992-93 transfer year and subsequent transfer years,
transfer amounts shall be determined in the same procedural manner as
set forth in subdivision (f), except:
(1) The department shall use all of the following:
(A) The disproportionate share list applicable to the particular
transfer year to determine the eligible hospitals.
(B) The payment adjustment amounts calculated under Section
14105.98 for the particular transfer year. These amounts shall take
into account any projected or actual increases or decreases in the
size of the payment adjustment program as are required under Section
14105.98 for the particular year in question, including any decreases
resulting from the application of the OBRA 1993 payment limitation.
Subject to the installment schedule in paragraph (5) of subdivision
(i) regarding transfer amounts, the department may issue interim,
revised, and supplemental transfer requests as necessary and
appropriate to address changes in payment adjustment levels that
occur under Section 14105.98. All transfer requests, or adjustments
thereto, issued to transferor entities by the department shall meet
the requirements set forth in subparagraph (E) of paragraph (5) of
subdivision (i).
(C) Data regarding annualized Medi-Cal inpatient paid days for the
most recent calendar year ending prior to the beginning of the
particular transfer year, as determined from all Medi-Cal paid claims
records available through April 1 preceding the particular transfer
year.
(D) The status of public entities as licensees of eligible
hospitals as of July 1 of the particular transfer year.
(E) (i) Except as provided in subparagraph (ii), for transfer
amounts calculated by the department may be increased or decreased by
a percentage amount consistent with the Medi-Cal State Plan.
(ii) For the 1995-96 transfer year, the nonfederal share of the
secondary supplemental payment adjustments described in paragraph (9)
of subdivision (y) of Section 14105.98 shall be funded as follows:
(I) Ninety-nine percent of the nonfederal share shall be funded by
a transfer from the University of California.
(II) One percent of the nonfederal share shall be funded by
transfers from those public entities that are the licensees of the
hospitals included in the "other public hospitals" group referred to
in clauses (ii) and (iii) of subparagraph (B) of paragraph (9) of
subdivision (y) of Section 14105.98. The transfer responsibilities
for this one percent shall be allocated to the particular public
entities on a pro rata basis, based on a formula or formulae
customarily used by the department for allocating transfer amounts
under this section. The formula or formulae shall take into account,
through reallocation of transfer amounts as appropriate, the
situation of hospitals whose secondary supplemental payment
adjustments are restricted due to the application of the limitation
set forth in clause (v) of subparagraph (B) of paragraph (9) of
subdivision (y) of Section 14105.98.
(III) All transfer amounts under this subparagraph shall be paid
by the particular transferor entities within 30 days after the
department notifies the transferor entity in writing of the transfer
amount to be paid.
(2) For the 1993-94 transfer year and subsequent transfer years,
transfer amounts shall be increased on a pro rata basis for each
transferor entity for the particular transfer year in the amounts
necessary to fund the nonfederal share of the total supplemental
lump-sum payment adjustment amounts that arise under Section
14105.98. For purposes of this paragraph, the supplemental lump-sum
payment adjustment amounts shall be deemed to arise for the
particular transfer year as of the date specified in Section
14105.98. Transfer amounts to fund the nonfederal share of the
payments shall be paid by the transferor entities for the particular
transfer year within 20 days after the department notifies the
transferor entity in writing of the additional transfer amount to be
paid.
(3) The department shall prepare preliminary analyses and
calculations regarding potential transfer amounts, and potential
transferor entities shall be notified by the department of estimated
transfer amounts as soon as reasonably feasible regarding any
particular transfer year. Written notices of transfer amounts shall
be issued by the department as soon as possible with respect to each
transfer year. All state agencies shall take all necessary steps in
order to supply applicable data to the department to accomplish these
tasks. The Office of Statewide Health Planning and Development
shall provide to the department quarterly access to the edited and
unedited confidential patient discharge data files for all Medi-Cal
eligible patients. The department shall maintain the confidentiality
of that data to the same extent as is required of the Office of
Statewide Health Planning and Development. In addition, the Office
of Statewide Health Planning and Development shall provide to the
department, not later than March 1 of each year, the data specified
by the department, as the data existed on the statewide data base
file as of February 1 of each year, from all of the following:
(A) Hospital annual disclosure reports, filed with the Office of
Statewide Health Planning and Development pursuant to Section 128735
of the Health and Safety Code, for hospital fiscal years that ended
during the calendar year ending 13 months prior to the applicable
February 1.
(B) Annual reports of hospitals, filed with the Office of
Statewide Health Planning and Development pursuant to Section 127285
of the Health and Safety Code, for the calendar year ending 13 months
prior to the applicable February 1.
(C) Hospital patient discharge data reports, filed with the Office
of Statewide Health Planning and Development pursuant to subdivision
(g) of Section 128735 of the Health and Safety Code, for the
calendar year ending 13 months prior to the applicable February 1.
(D) Any other materials on file with the Office of Statewide
Health Planning and Development.
(4) For the 1993-94 transfer year and subsequent transfer years,
the divisor to be used for purposes of the calculation referred to in
paragraph (4) of subdivision (f) shall be determined by the
department. The divisor shall be calculated to ensure that the
appropriate amount of transfers from transferor entities are received
into the fund to satisfy the requirements of Section 14105.98 for
the particular transfer year. For the 1993-94 transfer year, the
divisor shall be 1.742.
(5) For the 1993-94 fiscal year, the transfer amount that would
otherwise be required from the University of California shall be
increased by fifteen million dollars ($15,000,000).
(6) Notwithstanding any other provision of law, the total amount
of transfers required from the transferor entities for any particular
transfer year shall not exceed the sum of the following:
(A) The amount needed to fund the nonfederal share of all payment
adjustment amounts applicable to the particular payment adjustment
year as calculated under Section 14105.98. Included in the
calculations for this purpose shall be any decreases in the program
as a whole, and for individual hospitals, that arise due to the
provisions of Section 1396r-4(f) or (g) of Title 42 of the United
States Code.
(B) The amount needed to fund the transfers to the Health Care
Deposit Fund, as referred to in paragraphs (2) and (3) of subdivision
(d).
(7) (A) Except as provided in paragraph (2) of subdivision (j),
and except for a prudent reserve not to exceed two million dollars
($2,000,000) in the Medi-Cal Inpatient Payment Adjustment Fund, any
amounts in the fund, including interest that accrues with respect to
the amounts in the fund, that are not expended, or estimated to be
required for expenditure, under Section 14105.98 with respect to a
particular transfer year shall be returned on a pro rata basis to the
transferor entities for the particular transfer year within 120 days
after the department determines that the funds are not needed for an
expenditure in connection with the particular transfer year.
(B) The department shall determine the interest amounts that have
accrued in the fund from its inception through June 30, 1995, and, no
later than January 1, 1996, shall distribute these interest amounts
to transferor entities, as follows:
(i) The total amount transferred to the fund by each transferor
entity for all transfer years from the inception of the fund through
June 30, 1995, shall be determined.
(ii) The total amounts determined for all transferor entities
under clause (i) shall be added together, yielding an aggregate of
the total amounts transferred to the fund for all transfer years from
the inception of the fund through June 30, 1995.
(iii) The total amount determined under clause (i) for each
transferor entity shall be divided by the aggregate amount determined
under clause (ii), yielding a percentage for each transferor entity.
(iv) The total amount of interest earned by the fund from its
inception through June 30, 1995, shall be determined.
(v) The percentage determined under clause (iii) for each
transferor entity shall be multiplied by the amount determined under
clause (iv), yielding the amount of interest that shall be
distributed under this subparagraph to each transferor entity.
(C) Regarding any funds returned to a transferor entity under
subparagraph (A), or interest amounts distributed to a transferor
entity under subparagraph (B), the department shall provide to the
transferor entity a written statement that explains the basis for the
particular return or distribution of funds and contains the general
calculations used by the department in determining the amount of the
particular return or distribution of funds.
(i) (1) For the 1991-92 transfer year, each transferor entity
shall pay its transfer amount or amounts to the Controller, for
deposit in the fund, in eight equal installments. Except as provided
below, the first installment shall accrue on July 25, 1991, and all
other installments shall accrue on the fifth day of each month
thereafter from August through February.
(2) Notwithstanding paragraph (1), no installment shall be payable
to the Controller until that date which is 20 days after the
department notifies the transferor entity in writing that the payment
adjustment program set forth in Section 14105.98 has first gained
federal approval as part of the Medi-Cal program. For purposes of
this paragraph, federal approval requires both (i) approval by
appropriate federal agencies of an amendment to the Medi-Cal State
Plan, as referred to in subdivision (o) of Section 14105.98, and (ii)
confirmation by appropriate federal agencies regarding the
availability of federal financial participation for the payment
adjustment program set forth in Section 14105.98 at a level of at
least 40 percent of the percentage of federal financial participation
that is normally applicable for Medi-Cal expenditures for acute
inpatient hospital services.
(3) If any installment that would otherwise be payable under
paragraph (1) is not paid because of the provisions of paragraph (2),
then subparagraphs (A) and (B) shall be followed when federal
approval is gained.
(A) All installments that were deferred based on the provisions of
paragraph (2) shall be paid no later than 20 days after the
department notifies the transferor entity in writing that federal
approval has been gained, in an amount consistent with subparagraph
(B).
(B) The installments paid pursuant to subparagraph (A) shall be
paid in full, subject to an adjustment in amount pursuant to
paragraph (5) of subdivision (f).
(4) All installments for the 1991-92 transfer year that arise in
months after federal approval is gained shall be paid by the fifth
day of the month or 20 days after the department notifies the
transferor entity in writing that federal approval has been gained,
whichever is later. These installments shall be subject to an
adjustment in amount pursuant to paragraph (5) of subdivision (f).
(5) (A) Except as provided in subparagraphs (B) and (C), for the
1992-93 transfer year and subsequent transfer years, each transferor
entity shall pay its transfer amount or amounts to the
Controller, for deposit in the fund, in
eight equal installments. The first installment shall be payable on
July 10 of each transfer year. All other installments shall be
payable on the fifth day of each month thereafter from August through
February.
(B) For the 1994-95 transfer year, each transferor entity shall
pay its transfer amount or amounts to the Controller, for deposit in
the fund, in five equal installments. The first installment shall be
payable on October 5, 1994. The next four installments shall be
payable on the fifth day of each month thereafter from November
through February.
(C) For the 1995-96 transfer year, each transferor entity shall
pay its transfer amount or amounts to the Controller, for deposit in
the fund, in five equal installments. The first installment shall be
payable on October 5, 1995. The next four installments shall be
payable on the fifth day of each month thereafter from November
through February.
(D) Except as otherwise specifically provided, subparagraphs (A)
to (C), inclusive, shall not apply to increases in transfer amounts
described in paragraph (2) of subdivision (h) or to additional
transfer amounts described in subdivision (o).
(E) All requests for transfer payments, or adjustments thereto,
issued by the department shall be in writing and shall include (i) an
explanation of the basis for the particular transfer request or
transfer activity, (ii) a summary description of program funding
status for the particular transfer year, and (iii) the general
calculations used by the department in connection with the particular
transfer request or transfer activity.
(6) A transferor entity may use any of the following funds for
purposes of meeting its transfer obligations under this section:
(A) General funds of the transferor entity.
(B) Any other funds permitted by law to be used for these
purposes, except that a transferor entity shall not submit to the
Controller any federal funds unless those federal funds are
authorized by federal law to be used to match other federal funds.
In addition, no private donated funds from any health care provider,
or from any person or organization affiliated with such a health care
provider, shall be channeled through a transferor entity or any
other public entity to the fund. The transferor entity shall be
responsible for determining that funds transferred meet the
requirements of this subparagraph.
(j) (1) If a transferor entity does not submit any transfer amount
within the time period specified in this section, the Controller
shall offset immediately the amount owed against any funds that
otherwise would be payable by the state to the transferor entity.
The Controller, however, shall not impose an offset against any
particular funds payable to the transferor entity where the offset
would violate state or federal law.
(2) Where a withhold or a recoupment occurs pursuant to the
provisions of paragraph (2) of subdivision (r) of Section 14105.98,
the nonfederal portion of the amount in question shall remain in the
fund, or shall be redeposited in the fund by the department, as
applicable. The department shall then proceed as follows:
(A) If the withhold or recoupment was imposed with respect to a
hospital whose licensee was a transferor entity for the particular
state fiscal year to which the withhold or recoupment related, the
nonfederal portion of the amount withheld or recouped shall serve as
a credit for the particular transferor entity against an equal amount
of transfer obligations under this section, to be applied whenever
the transfer obligations next arise. Should no such transfer
obligation arise within 180 days, the department shall return the
funds in question to the particular transferor entity within 30 days
thereafter.
(B) For other situations, the withheld or recouped nonfederal
portion shall be subject to paragraph (7) of subdivision (h).
(k) All amounts received by the Controller pursuant to subdivision
(i), paragraph (2) of subdivision (h), or subdivision (o), or offset
by the Controller pursuant to subdivision (j), shall immediately be
deposited in the fund.
(l) For purposes of this section, the disproportionate share list
utilized by the department for a particular transfer year shall be
identical to the disproportionate share list utilized by the
department for the same state fiscal year for purposes of Section
14105.98. Nothing on a disproportionate share list, once issued by
the department, shall be modified for any reason other than
mathematical or typographical errors or omissions on the part of the
department or the Office of Statewide Health Planning and Development
in preparation of the list.
(m) Neither the intergovernmental transfers required by this
section, nor any elective transfer made pursuant to Section 14164,
shall create, lead to, or expand the health care funding or service
obligations for current or future years for any transferor entity,
except as required of the state by this section or as may be required
by federal law, in which case the state shall be held harmless by
the transferor entities on a pro rata basis.
(n) No amount submitted to the Controller pursuant to subdivision
(i), paragraph (2) of subdivision (h), or subdivision (o), or offset
by the Controller pursuant to subdivision (j), shall be claimed or
recognized as an allowable element of cost in Medi-Cal cost reports
submitted to the department.
(o) Whenever additional transfer amounts are required to fund the
nonfederal share of payment adjustment amounts under Section 14105.98
that are distributed after the close of the particular payment
adjustment year to which the payment adjustment amounts apply, the
additional transfer amounts shall be paid by the parties who were the
transferor entities for the particular transfer year that was
concurrent with the particular payment adjustment year. The
additional transfer amounts shall be calculated under the formula
that was in effect during the particular transfer year. For transfer
years prior to the 1993-94 transfer year, the percentage of the
additional transfer amounts available for transfer to the Health Care
Deposit Fund under subdivision (d) shall be the percentage that was
in effect during the particular transfer year. These additional
transfer amounts shall be paid by transferor entities within 20 days
after the department notifies the transferor entity in writing of the
additional transfer amount to be paid.
(p) (1) Ten million dollars ($10,000,000) of the amount
transferred from the Medi-Cal Inpatient Payment Adjustment Fund to
the Health Care Deposit Fund due to amounts transferred attributable
to years prior to the 1993-94 fiscal year is hereby appropriated
without regard to fiscal years to the State Department of Health
Services to be used to support the development of managed care
programs under the department's plan to expand Medi-Cal managed care.
(2) These funds shall be used by the department for both of the
following purposes: (A) distributions to counties or other local
entities that contract with the department to receive those funds to
offset a portion of the costs of forming the local initiative entity,
and (B) distributions to local initiative entities that contract
with the department to receive those funds to offset a portion of the
costs of developing the local initiative health delivery system in
accordance with the department's plan to expand Medi-Cal managed
care.
(3) Entities contracting with the department for any portion of
the ten million dollars ($10,000,000) shall meet the objectives of
the department's plan to expand Medi-Cal managed care with regard to
traditional and safety net providers.
(4) Entities contracting with the department for any portion of
the ten million dollars ($10,000,000) may be authorized under those
contracts to utilize their funds to provide for reimbursement of the
costs of local organizations and entities incurred in participating
in the development and operation of a local initiative.
(5) To the full extent permitted by state and federal law, these
funds shall be distributed by the department for expenditure at the
local level in a manner that qualifies for federal financial
participation under the medicaid program.
SEC. 482. Section 14503.5 of the Welfare and Institutions Code is
amended to read:
14503.5. (a) As used in this section:
(1) "AIDS" means acquired immune deficiency syndrome.
(2) "Human immunodeficiency virus" or "HIV" means the etiologic
virus of AIDS.
(3) "HIV test" means "HIV test" as defined in Section 120775 of
the Health and Safety Code.
(b) The purpose of this article is to ensure that state-funded
family planning programs offer AIDS information and referral services
to their client population.
(c) It is the intent of the Legislature that family planning
clients learn how to prevent the transmission of HIV, and that they
take steps to prevent its transmission.
(d) For purposes of this section, "clients" shall include, but
shall not be limited to, all of the following:
(1) New clients to a family planning program.
(2) Clients making annual visits to a family planning program.
(3) Clients seeking pregnancy testing or family planning services.
(4) Clients seeking diagnosis and treatment for sexually
transmitted diseases.
(e) Any family planning program that contracts with the Office of
Family Planning to provide family planning services shall do all of
the following:
(1) Provide brochures or other written materials to family
planning clients which describe the high-risk conditions and
behaviors for becoming infected with HIV, and ways to prevent the
transmission of HIV infection. To the maximum extent possible, the
brochure or other written materials provided by any family planning
program shall be culturally relevant and appropriate to the client
populations served by the programs.
(2) Provide, as needed, family planning clients with information
about and referrals to local confidential or anonymous testing and
counseling sites, AIDS education programs, and other supportive
services.
(f) Brochures and information required pursuant to subdivision (e)
may be incorporated into existing information and health education
programs provided by a family planning program.
(g) The State Department of Health Services shall make every
effort to obtain brochures and other written materials from existing
resources. Local family planning programs are encouraged to
supplement the brochures with other available resources, to the
extent that they deem necessary and appropriate.
SEC. 483. Section 14683 of the Welfare and Institutions Code, as
amended by Chapter 190 of the Statutes of 1996, is amended to read:
14683. The State Department of Mental Health shall ensure the
following in the development of mental health plans:
(a) That mental health plans include a process for screening,
referral, and coordination with other necessary services, including,
but not limited to, health, housing, and vocational rehabilitation
services. For Medi-Cal eligible children, the mental health plans
shall also provide coordination with education programs and any
necessary medical or rehabilitative services, including, but not
limited to, those provided under the California Children's Services
Program (Article 5 (commencing with Section 123800) of Chapter 3 of
Part 2 of Division 106 of the Health and Safety Code) and the Child
Health and Disability Prevention Program (Article 6 (commencing with
Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health
and Safety Code), and those provided by a fee-for-service provider or
a Medi-Cal managed care plan. This subdivision shall not be
construed to establish any higher level of service from a county than
is required under existing law. The county mental health department
and the mental health plan, if it is not the county department,
shall not be liable for the failure of other agencies responsible for
the provision of nonmental health services to provide those services
or to participate in coordination efforts.
(b) That mental health plans include a system of outreach to
enable beneficiaries and providers to participate in and access
mental health services under the plans, consistent with existing law.
(c) That standards for quality and access developed by the
department, in consultation with the steering committee established
pursuant to Section 14682, are included in mental health plans.
SEC. 484. Section 16604.5 of the Welfare and Institutions Code is
amended to read:
16604.5. When preparing their needs assessments and plans to
implement the federal Family Preservation and Support Act (Sections
430 to 435, inclusive, of the Social Security Act (Subpart 2
(commencing with Section 629) of Part B of Subchapter 4 of Chapter 7
of Title 42 of the United States Code), as contained in the Omnibus
Reconciliation Act of 1993 (Public Law 103-66)), counties shall
consider providing an in-home assessment of substance-exposed infants
after release from a hospital, as part of the protocols of Section
123605 of the Health and Safety Code. These assessments may be
funded through the Family Preservation and Support program to the
extent they are identified in a county's needs assessment and are
part of a county's program plan, and federal Family Preservation and
Support Act funds are available for this purpose.
SEC. 485. Section 16702 of the Welfare and Institutions Code is
amended to read:
16702. The net county costs of health services specified in each
county health services plan and budget shall be financed in each
county, the City of Berkeley, the City of Long Beach, and the City of
Pasadena with assistance from the County Health Services Fund in
accordance with the following:
(a) For each county, an annual grant of three dollars ($3) per
capita based upon population estimates of the Department of Finance
as of January 1 of the previous fiscal year; and
(b) Fifty percent of the amount derived by subtracting paragraph
(2) from paragraph (1) below:
(1) The base net costs increased by 16 percent for the 1979-80
fiscal year.
(2) The amount calculated for the county in subdivision (a).
(3) The base net costs for each county shall be the actual net
costs for the county for the 1977-78 fiscal year, as reported to the
State Director of Health Services pursuant to subdivision (f) of
Section 20 of Chapter 292 of the Statutes of 1978 and adjusted as
applicable pursuant to this section.
(c) (1) The amount of assistance from the County Health Services
Fund for the County of Alameda, as determined in subdivision (b),
shall include an amount equal to 25 percent of the net city costs for
health services of the City of Berkeley as reported to the State
Director of Health Services pursuant to subdivision (f) of Section 20
of Chapter 292 of the Statutes of 1978, increased by 16 percent for
the 1979-80 fiscal year.
(2) The amount of assistance from the County Health Services Fund
for the City of Berkeley shall be an amount equal to 25 percent of
the net city costs for health services of the City of Berkeley as
reported to the State Director of Health Services pursuant to
subdivision (f) of Section 20 of Chapter 292 of the Statutes of 1978,
increased by 16 percent for the 1979-80 fiscal year.
(3) The amount of additional assistance from the County Health
Services Fund for public health services in the County of San Joaquin
shall be the amount set forth in the Budget Act of 1981 (Chapter 99
of the Statutes of 1981) for the San Joaquin Local Health District
for that purpose for the 1981-82 fiscal year.
(4) The amounts of assistance from the County Health Services Fund
for the City of Long Beach and the City of Pasadena shall be the
average amounts of the Public Health Services Contracts with Los
Angeles County, less the average revenue from environmental health
permit fees collected in each jurisdiction and retained by the county
for three years prior to the initial year of County Health Services
Fund assistance to the City of Long Beach and the City of Pasadena.
These amounts shall be adjusted by the average increase in the amount
of the contract over the same period. This paragraph shall be
operative in the fiscal year following the adoption of a resolution
by the governing body pursuant to Section 101380 of the Health and
Safety Code.
(5) The base net costs for the County of Los Angeles shall be
reduced by the amounts provided to the City of Long Beach and the
City of Pasadena as determined by the formula established in
paragraph (3).
(6) The amount of assistance for the County of Los Angeles, as
determined in subdivision (a), shall be reduced by the amounts
provided to the City of Long Beach and the City of Pasadena, as
determined in paragraph (3).
(d) The amount of funds transferred at the request of the county
pursuant to Section 1157.5 of the Health and Safety Code.
(e) On July 1, 1980, the amounts specified in subdivisions (a),
(b), (c), and (d) shall be adjusted to reflect any increases or
decreases in the cost of living. On July 1, 1981, the amounts
specified in subdivisions (a), (b), (c), and (d) shall be adjusted to
reflect the increases, if any, in the appropriations provided for in
the Budget Act for the 1981-82 fiscal year and shall be adjusted to
reflect the funds transferred pursuant to Section 12 of Chapter 1004
of the Statutes of 1981. On July 1, 1982, the amounts specified in
subdivisions (a), (b), (c), and (d) shall be adjusted to reflect the
increases, if any, in the appropriations provided for in the Budget
Act for the 1981-82 fiscal year and the increases, if any, in the
Budget Act for the 1982-83 fiscal year. On July 1, 1983, and each
July 1 thereafter, the amounts specified in subdivisions (a), (b),
(c), and (d), as adjusted pursuant to this subdivision for the
1982-83 fiscal year, shall be adjusted to reflect any increases or
decreases in the cost of living occurring during the 1982 calendar
year and each year thereafter. The average of the separate indices
of the cost of living for Los Angeles and San Francisco as published
by the United States Bureau of Labor Statistics shall be used as the
basis for determining the changes in the cost of living. The State
Department of Health Services shall compare the average index for the
December preceding the July in which the cost-of-living adjustment
is effective with the average index for the month of December of the
previous year. The percentage increase or decrease in the average
index shall then be multiplied by the amounts specified in
subdivisions (a), (b), (c), and (d) as previously adjusted pursuant
to this subdivision.
(f) The amounts specified in subdivisions (a), (b), (c), and (d)
shall not be adjusted for the 1990-91 fiscal year to reflect any
increase in the cost of living. Calculations for any cost-of-living
adjustment under this section for the 1991-92 fiscal year or any
fiscal year thereafter shall not include any adjustment to reflect
increases for the cost of living for the 1990 -91 fiscal year.
SEC. 486. Section 16702.1 of the Welfare and Institutions Code is
amended to read:
16702.1. Notwithstanding any other provision of law, if the City
of Long Beach or the City of Pasadena, or both, adopts a resolution
pursuant to Section 101375 of the Health and Safety Code and
relinquishes responsibility for public health services to Los Angeles
County, the provision of this part pertaining to the City of Long
Beach or the City of Pasadena, or both, shall no longer apply, and
the funds available shall be added back to the allocation for Los
Angeles County specified in subdivision (a) of Section 16702, and the
county's base net cost shall be adjusted by the same amount the
fiscal year following the action of the resolution.
SEC. 487. Section 16800.7 of the Welfare and Institutions Code is
amended to read:
16800.7. Agencies responsible for conducting fiscal or program
audits or inspections of grants or subventions pursuant to any of the
following provisions shall, to the extent practicable and consistent
with federal law, endeavor to cooperate and consolidate efforts so
as to conduct a single fiscal or compliance audit for any program
affected by these provisions, thereby maximizing audit efficiency and
minimizing the inconvenience to the program being audited:
(a) The Child Health Disability Prevention Program (Article 6
(commencing with Section 124025) of Chapter 3 of Part 2 of Division
106 of the Health and Safety Code).
(b) The Maternal and Child Health program as set forth in
subdivision (c) of Section 27 of the Health and Safety Code.
(c) The Tobacco Use Prevention program (Article 1 (commencing with
Section 104350) of Chapter 1 of Part 3 of Division 103 of the Health
and Safety Code).
(d) AIDS programs (former Part 1 (commencing with Section 100) of
Division 1 of the Health and Safety Code).
(e) The County Health Care for Indigents program (Part 4.7
(commencing with Section 16900), including, but not limited to,
county health care reporting requirements pursuant to Chapter 2
(commencing with Section 16910) and Chapter 2.5 (commencing with
Section 16915) of Part 4.7 (commencing with Section 16900).
SEC. 488. Section 16908.5 of the Welfare and Institutions Code is
amended to read:
16908.5. For purposes of paragraph (1) of subdivision (b) of
Section 16946 and the funds determined by Section 16932, and
distributed pursuant to paragraph (1) of subdivision (b) of Section
16946, and the application of paragraph (3) of subdivision (d) of
Section 16946 to these funds, all patients which meet the Office of
Statewide Health Planning and Development's definition of charity
care as prescribed under subdivision (d) of Section 128740 of the
Health and Safety Code qualify for the use of funds under this
chapter.
SEC. 489. Section 16920 of the Welfare and Institutions Code is
amended to read:
16920. (a) It is the intention of the Legislature to appropriate
a portion of the 1988-89 fiscal year one-time revenues from the
Hospital Services Account for distribution to each county and
noncounty hospital which provides uncompensated care to unsponsored
patients, with payments based upon the proportion of each hospital's
share of the 1988 calendar year statewide total of uncompensated care
rendered to unsponsored patients.
(b) It is the intention of the Legislature to partially and
proportionately compensate each hospital that provides care to
unsponsored patients and to provide an economic incentive for all
hospitals to provide, maintain, and enhance access to care.
(c) For purposes of this section, "uncompensated care charges"
means the sum of the charges related to patients falling within
charity care and 50 percent of bad debts, as reported quarterly to
the office pursuant to Section 128740 of the Health and Safety Code.
The office shall use the data as published by the office for each
quarter of 1988.
(d) As used in this section, "uncompensated care costs" means that
amount calculated by applying an overall hospital cost-to-charge
ratio, calculated by dividing gross operating expenses by gross
inpatient and outpatient revenue, as reported quarterly to the
office, to uncompensated charges.
SEC. 490. Section 16921 of the Welfare and Institutions Code is
amended to read:
16921. Funds appropriated for the purposes of this chapter shall
be allocated and disbursed to county and noncounty hospitals which
meet any of the following requirements:
(a) Operate an emergency room pursuant to Section 1317 of the
Health and Safety Code.
(b) Adhere to the emergency care requirements of subdivision (e)
of Section 1317 of the Health and Safety Code.
(c) Treat county indigent patients.
(d) Are childrens' hospitals for purposes of this part.
(e) Are small and rural hospitals as defined in Section 124840 of
the Health and Safety Code.
SEC. 491. Section 16931.5 of the Welfare and Institutions Code is
amended to read:
16931.5. The county may reimburse for emergency services provided
by a physician in a standby emergency room in a hospital specified
in Section 124840 of the Health and Safety Code.
SEC. 492. Section 16934 of the Welfare and Institutions Code is
amended to read:
16934. (a) As a condition of receiving funds under this chapter,
a county shall provide, or arrange and pay for, medically necessary
followup treatment, including necessary followup dental services and
prescription drugs, for any condition detected as part of a child
health and disability prevention screen for a child eligible for
services under Section 104395 of the Health and Safety Code, if the
child was screened by the county, or upon referral by a child health
and disability prevention program provider. This section shall not
apply to any child eligible to receive care with no share of cost
under the Medi-Cal program or who is covered by another publicly
funded program or for whom these services are covered or will be paid
by any other responsible party. A county may require that hospitals
that contract with the county pursuant to paragraph (2) of
subdivision (b) of Section 16946, physicians who contract with the
county pursuant to paragraph (3) of subdivision (c) of Section 16933
or dentists or any provider that contracts with the county pursuant
to subdivision (b) of Section 16933 and receives funds appropriated
for the purposes of this chapter to participate in complying with
this section. A county shall not require that hospitals receiving an
allocation pursuant to paragraph (1) of subdivision (b) of Section
16946 or physicians who receive payment from a physician services
account established pursuant to paragraph (1) of subdivision (c) of
Section 16933 participate in complying with this section.
(b) Dental services provided pursuant to this section shall be at
least equal in scope and frequency to dental services available to
Medi-Cal eligible children of the same age.
(c) Counties shall implement this section in consultation and
coordination with their child health and disability prevention
programs.
SEC. 494. Section 16953 of the Welfare and Institutions Code is
amended to read:
16953. (a) For purposes of this chapter "emergency services"
means physician services in one of the following:
(1) A general acute care hospital which provides basic or
comprehensive emergency services for emergency medical conditions.
(2) A site which was approved by a county prior to January 1,
1990, as a paramedic receiving station for the treatment of emergency
patients, for
emergency medical conditions.
(3) Beginning in the 1991-92 fiscal year and each fiscal year
thereafter, in a facility which contracted prior to January 1, 1990,
with the National Park Service to provide emergency medical services,
for emergency medical conditions.
(4) A standby emergency room in a hospital specified in Section
124840 of the Health and Safety Code, for emergency medical
conditions.
(b) For purposes of this chapter, "emergency medical condition"
means a medical condition manifesting itself by acute symptoms of
sufficient severity, including severe pain, which in the absence of
immediate medical attention could reasonably be expected to result in
any of the following:
(1) Placing the patient's health in serious jeopardy.
(2) Serious impairment to bodily functions.
(3) Serious dysfunction to any bodily organ or part.
(c) It is the intent of this section to allow reimbursement for
all inpatient and outpatient services which are necessary for the
treatment of an emergency medical condition as certified by the
attending physician or other appropriate provider.
SEC. 495. Section 16961 of the Welfare and Institutions Code is
amended to read:
16961. Services provided pursuant to this article include only
those health care services specified in Sections 14021 and 14132, and
former Division 1 (commencing with Section 100), and the
Communicable Disease Prevention and Control Act as set forth in
subdivision (a) of Section 27, of the Health and Safety Code, which
are provided to patients who cannot afford to pay for those services,
and for whom payment will not be made through private coverage or by
any program funded in whole or in part by the federal government.
SEC. 496. Section 16970 of the Welfare and Institutions Code is
amended to read:
16970. (a) As a condition of receiving funds under this chapter,
a county shall provide, or arrange and pay for, medically necessary
followup treatment, including necessary followup dental treatment and
prescription drugs, for any condition detected as part of a child
health and disability prevention screen for any child eligible for
services under Section 104395 of the Health and Safety Code if the
child was screened by the county 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 or is covered under another publicly funded program, or the
services are payable under private insurance coverage.
(b) A county may require that hospitals, physicians, dentists, and
other providers receiving funds appropriated pursuant to this part
participate in complying with this section, provided that:
(1) Hospitals that receive an allocation pursuant to paragraph (1)
of subdivision (b) of Section 16946 and physicians who receive
payment from the Physician Services Account of the emergency medical
services fund established pursuant to Article 3.5 (commencing with
Section 16951) shall not be required to participate in complying with
subdivision (a) as a condition of receiving those allocations or
payments.
(2) Only providers that contract with the county and receive funds
disbursed from the Unallocated Account pursuant to Article 4
(commencing with Section 16960) or from the discretionary portion of
the Physician Services Account pursuant to subdivision (b) of Section
16950, or from the discretionary portion of the Hospital Services
Account pursuant to paragraph (2) of subdivision (b) of Section 16946
may be required to participate in complying with subdivision (a).
(c) Dental services provided pursuant to this section shall be at
least equal in scope and frequency to dental services available to
Medi-Cal eligible children of the same age.
(d) Counties shall implement this section in consultation and
coordination with their child health disability prevention programs.
SEC. 497. Section 16990.9 of the Welfare and Institutions Code, as
amended by Chapter 547 of the Statutes of 1995, is amended to read:
16990.9. The level of financial maintenance of effort required of
a county that contracts with the department pursuant to Section
101300 of the Health and Safety Code during the 1991-92, 1992-93,
1993-94, 1994-95, and subsequent fiscal years may be reduced by the
amount of local public health service funds retained by the county
for that fiscal year that are unexpended as a result of vacant
contracted positions.
SEC. 498. Section 16996.2 of the Welfare and Institutions Code is
amended to read:
16996.2. (a) As a condition of receiving funds under Section
16996.1, a hospital shall provide medically necessary inpatient
treatment, including prescription drugs, for any condition detected
as part of a child health and disability prevention screen for any
child eligible for services under Section 104395 of the Health and
Safety Code. Inpatient hospital services shall be provided at no
cost upon referral by a child health and disability prevention
program provider, whether that provider is a physician, a county, or
a primary care clinic, 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 insurance coverage.
(b) The department shall report to the Legislature on the
distribution and use of funds provided to hospitals under Section
16996.1 on an annual basis.
SEC. 499. Section 17602 of the Welfare and Institutions Code is
amended to read:
17602. (a) On or before the 27th day of the month, the Controller
shall allocate to counties the amounts deposited and remaining
unexpended and unreserved on the 15th day of the month in the Social
Services Subaccount of the Sales Tax Account of the Local Revenue
Fund, pursuant to schedules developed by the Department of Finance in
conjunction with the appropriate state departments based on the
estimated 1991-92 expenditures as contained in the Budget Act for
programs set forth in subdivision (b), the Controller shall make
monthly allocations to counties of the funds deposited into the
Social Services Subaccount of the Sales Tax Account of the Local
Revenue Fund. These allocations shall be made to the Social Services
Account of the local health and welfare trust fund.
The programs to be funded in accordance with the schedule are
those set forth in Sections 1794, 1904, 10101, 10101.1, 11322,
11322.2, 12306, 15200, 15204.2, and 18906.5 of this code, and Section
123940 of the Health and Safety Code and the program set forth in
Section 1806, as funded in the Governor's proposed budget. The
schedule for the 1991-92 fiscal year shall be considered final on
October 1, 1991.
(b) (1) For the 1991-92 fiscal year and every fiscal year
thereafter, the Controller shall allocate an amount from the Social
Services Subaccount to counties that equals the amount those counties
receive pursuant to Sections 16265 to 16265.7, inclusive, of the
Government Code in the 1990-91 fiscal year.
(2) Notwithstanding any other provision of this chapter, counties
may use these funds as authorized by Section 16265.7 of the
Government Code.
(c) (1) Pursuant to schedules developed by the Department of
Finance, in conjunction with the Department of the Youth Authority,
based on the estimated 1991-92 fiscal year expenditures as contained
in the 1991-92 proposed Governor's Budget for programs impacted by
the realignment and contained in the allocations to counties of the
funds deposited into the Social Services Subaccount of the Sales Tax
Account in the Local Revenue Fund. The programs set forth in
Sections 894, 1794, and 1904 shall be funded in accordance with the
schedules adopted pursuant to this subdivision.
(2) (A) Counties that receive allocations pursuant to Article 24.5
(commencing with Section 894) of Chapter 2 of Division 2, Article
5.5 (commencing with Section 1790) of Chapter 1 of Division 2.5 and
Article 10 (commencing with Section 1900) of Chapter 1 of Division
2.5 shall receive the same allocation for the 1991-92 fiscal year
that they received for the 1990-91 fiscal year.
(B) (i) Of the amount allocated to San Bernardino County under
this section for the 1991-92 fiscal year, five hundred thousand
dollars ($500,000) shall be designated for the Regional Youth
Education Center.
(ii) Of the amount allocated to Los Angeles County under this
section for the 1991-92 fiscal year, four hundred eighty-nine
thousand four hundred eighty-six dollars ($489,486) shall be
designated for the Sugar Ray Robinson Youth Foundation, and one
hundred forty thousand eight hundred dollars ($140,800) shall be
allocated for the John Rossi Youth Foundation, Inc.
(C) Funding allocated to counties under this section for the
1991-92 fiscal year for programs set forth in Article 2 (commencing
with Section 1900) of Chapter 1 of Division 2.5 shall be allocated to
previously funded youth services bureaus at the 1990-91 fiscal year
level.
(d) Subject to the availability of funds from the 1990-91 fiscal
year, the Counties of Butte, Colusa, El Dorado, Humboldt, Lake,
Madera, Nevada, Placer, Riverside, Santa Cruz, and Yuba may be
reimbursed for underallocated Child Welfare Services' Program costs
from unused Child Welfare Services' Program funds to reflect Public
Employees' Retirement System contributions credits in the 1991-92
fiscal year.
(e) For the 1992-93 fiscal year and fiscal years thereafter, the
allocations by the Controller to each county and city and county
shall equal the amounts received in the prior fiscal year by each
county and city and county from the Sales Tax Account and the Sales
Tax Growth Account for deposit into the social services account of
the local health and welfare trust fund.
SEC. 500. Section 17605 of the Welfare and Institutions Code is
amended to read:
17605. (a) For the 1992-93 fiscal year, the Controller shall
deposit into the Caseload Subaccount of the Sales Tax Growth Account
of the Local Revenue Fund, from revenues deposited into the Sales Tax
Growth Account, an amount to be determined by the Department of
Finance, that represent the sum of the shortfalls between the actual
realignment revenues received by each county and each city and county
from the Social Services Subaccount of the Local Revenue Fund in the
1991-92 fiscal year and the net costs incurred by each of those
counties and cities and counties in the fiscal year for the programs
described in Sections 10101, 10101.1, 11322, 11322.2, 12306,
subdivisions (a), (b), (c), and (d) of Section 15200, and Sections
15204.2 and 18906.5. The Department of Finance shall provide the
Controller with an allocation schedule on or before August 15, 1993,
that shall be used by the Controller to allocate funds deposited to
the Caseload Subaccount under this subdivision. The Controller shall
allocate these funds no later than August 27, 1993.
(b) (1) For the 1993-94 fiscal year and fiscal years thereafter,
the Controller shall deposit into the Caseload Subaccount of the
Sales Tax Growth Account of the Local Revenue Fund, from revenues
deposited into the Sales Tax Growth Account, an amount determined by
the Department of Finance, in consultation with the appropriate state
departments and the California State Association of Counties, that
is sufficient to fund the net cost for the realigned portion of the
county or city and county share of growth in social services
caseloads, as specified in paragraph (2). The Department of Finance
shall provide the Controller with an allocations schedule on or
before March 15 of each year. The schedule shall be used by the
Controller to allocate funds deposited into the Caseload Subaccount
under this subdivision.
(2) For purposes of this subdivision, "growth" means the increase
in the actual caseload expenditures for the prior fiscal year over
the actual caseload expenditures for the fiscal year preceding the
prior fiscal year for the programs described in Section 12306,
subdivisions (a), (b), (c), and (d) of Section 15200, and Sections
10101, 15204.2 and 18906.5 of this code, and subdivision (b) of
Section 123940 of the Health and Safety Code.
(3) The difference in caseload expenditures between the fiscal
years shall be multiplied by the factors that represent the change in
county or city and county shares of the realigned programs. These
products shall then be added or subtracted, taking into account
whether the county's or city and county's share of costs was
increased or decreased as a result of realignment, to yield each
county's or city and county's allocation for caseload growth.
Allocations for counties or cities and counties with allocations of
less than zero shall be set at zero.
(c) On or before the 27th day of each month, the Controller shall
allocate, to the local health and welfare trust fund social services
account, the amounts deposited and remaining unexpended and
unreserved on the 15th day of the month in the Caseload Subaccount,
pursuant to the schedule of allocations of caseload growth described
in subdivision (b). If there are insufficient funds to fully satisfy
all caseload growth obligations, each county's or city and county's
allocation for each program specified in subdivision (d) shall be
prorated.
(d) Prior to allocating funds pursuant to subdivision (b), to the
extent that funds are available from funds deposited in the Caseload
Subaccount in the Sales Tax Growth Account in the Local Revenue Fund,
the Controller shall allocate money to counties or cities and
counties to correct any inequity or inequities in the computation of
the child welfare services portion of the schedule required by
subdivision (a) of Section 17602.
(e) The Department of Finance shall submit to the Controller, by
March 1, 1994, a schedule specifying the amount of the allocations
described in subdivision (d). This schedule shall include, but need
not be limited to, adjustments resulting from retirement system
credits and other anomalies that occurred in the 1989-90 fiscal year
and the 1990-91 fiscal year.
SEC. 501. Section 18966 of the Welfare and Institutions Code, as
amended by Chapter 880 of the Statutes of 1995, is amended to read:
18966. When a county board of supervisors designates a commission
pursuant to Section 18965, the board of supervisors shall establish
a county children's trust fund. The children's trust fund shall
consist of the fees for birth certificates, collected pursuant to
Section 103625 of the Health and Safety Code, grants, gifts, or
bequests from private sources to be used for child abuse and neglect
prevention and intervention programs, any funds appropriated by local
governmental entities to the trust fund, and any funds appropriated
to the county for the trust fund by the Legislature. The local
registrar or county recorder may, however, retain a percentage, not
to exceed 10 percent, of the surcharge collectible pursuant to
subdivision (b) of Section 103625 of the Health and Safety Code, in
order to defray the costs of collection.
The county treasurer shall transmit moneys collected from birth
certificate fees for the county children's trust fund, pursuant to
subdivision (b) of Section 103625 of the Health and Safety Code,
collected with respect to the birth certificate of a child whose
mother was a resident of another county at the time of the birth to
the treasurer of the county of the mother's residence at the time of
the birth if the county to receive the funds has established a
program pursuant to Article 5 (commencing with Section 18965) of
Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions
Code and does not have a licensed health facility that provides
maternity services within its jurisdiction.
SEC. 502. Section 18966.1 of the Welfare and Institutions Code is
amended to read:
18966.1. (a) Any federal funds provided for child abuse
prevention challenge grants to provide matching funds to states that
have established children's trust funds shall be allocated to the
counties' children's trust funds in the following manner:
(1) Counties that receive less than twenty thousand dollars
($20,000) per annum for their county children's trust funds from the
fees on birth certificates collected pursuant to Section 103625 of
the Health and Safety Code, shall be granted from federal matching
funds that amount necessary to bring that income to the trust fund to
twenty thousand dollars ($20,000) per year.
If the state's annual federal matching fund allocation is
insufficient to provide each county children's trust fund with a
minimum total annual funding level of twenty thousand dollars
($20,000), the Office of Child Abuse Prevention shall determine an
allocation process for federal matching funds to ensure that each
county children's trust fund receives a minimum level of annual
funding from all sources.
(2) The remaining funds from the federal challenge grant shall
then be distributed equally among all the counties, up to ten
thousand dollars ($10,000) per county.
(3) If sufficient federal matching funds exist after each county
children's trust fund is provided a total annual children's trust
fund allocation of twenty thousand dollars ($20,000) and after each
county children's trust fund receives a maximum annual allocation of
ten thousand dollars ($10,000) in federal matching funds, the
remaining federal matching funds shall be distributed to each county
children's trust fund according to population.
(b) (1) Federal challenge grant funds shall be received by the
Office of Child Abuse Prevention and allocated in the manner
specified in subdivision (a).
(2) Boards of supervisors may establish criteria for determining
which programs shall receive funding. Boards of supervisors may
accept all program proposals, prioritize those proposals, and make
the final decision as to which programs shall receive funds.
(c) Federal matching funds shall be allocated pursuant to
subdivision (a) for counties that have not established a local
children's trust fund and shall be transferred to that county's
existing children's trust fund established by the Office of Child
Abuse Prevention in the State Children's Trust Fund. Nothing in this
section shall prevent a county that has not established a local
children's trust fund from establishing a local children's trust
fund.
(d) Receipt by a county of any federal funds available for the
purposes set forth in this section shall be contingent upon the
provision of assurances that the county will provide to the Office of
Child Abuse Prevention all information necessary to meet federal
reporting mandates. Those information needs shall be identified by
the department at the time federal funds are allocated.
(e) Moneys received by a county children's trust fund from private
voluntary contributions shall not be considered in the calculation
of federal challenge grant allocations pursuant to subdivision (a).
SEC. 503. Section 18968 of the Welfare and Institutions Code is
amended to read:
18968. In any county where the board of supervisors does not
designate a commission to carry out the purposes of this article,
pursuant to Section 18965, except for a percentage of the receipts
necessary for purposes of collection, the amount collected for the
surcharge upon birth certificates pursuant to Section 103625 of the
Health and Safety Code shall be transferred by the local registrar or
county recorder to the Treasurer for deposit in the State Children's
Trust Fund.
SEC. 504. Section 18968.5 of the Welfare and Institutions Code is
amended to read:
18968.5. Amounts collected for the surcharge upon birth
certificates pursuant to Section 103625 of the Health and Safety Code
that would have been transferred by the local registrar or county
recorder to the Treasurer for deposit in the State Children's Trust
Fund shall, instead, revert to the county children's trust fund when
the board of supervisors designates a commission to carry out the
purposes of this article, pursuant to Section 18965.
SEC. 505. Section 18969 of the Welfare and Institutions Code is
amended to read:
18969. (a) There is hereby created in the State Treasury a fund
which shall be known as the State Children's Trust Fund. The fund
shall consist of funds received from a county pursuant to Section
18968, funds collected by the state and transferred to the fund
pursuant to subdivision (b) of Section 103625 of the Health and
Safety Code and Article 6 (commencing with Section 18711) of Chapter
17 of Part 10 of Division 2 of the Revenue and Taxation Code,
grants, gifts, or bequests made to the state from private sources to
be used for innovative and distinctive child abuse and neglect
prevention and intervention projects and money appropriated to the
fund for this purpose by the Legislature. The State Registrar may
retain a percentage of the fees collected pursuant to Section 10605
of the Health and Safety Code, not to exceed 10 percent, in order to
defray the costs of collection. The Franchise Tax Board may retain
up to 5 percent of the taxpayer contributions to the fund made
pursuant to Article 6 (commencing with Section 18711) of Chapter 17
of Part 10 of Division 2 of the Revenue and Taxation Code, to
reimburse the board for the costs of administering that article.
(b) Notwithstanding Section 13340 of the Government Code, money in
the State Children's Trust Fund is continuously appropriated without
regard to fiscal years to the State Department of Social Services
for the purpose of funding child abuse and neglect prevention and
intervention programs. The department may not supplant any federal,
state, or county funds with any funds made available through the
State Children's Trust Fund. The department shall use no more than 5
percent of the funds appropriated pursuant to this section for
administrative costs.
(c) The department may establish positions as needed for the
purpose of implementing and administering child abuse and neglect
prevention and intervention programs that are funded by the State
Children's Trust Fund. However, the department shall use no more
than 5 percent of the funds appropriated pursuant to this section for
administrative costs.
(d) No children's trust fund money shall be used to supplant state
General Fund money for any purpose.
(e) It is the intent of the Legislature that the State Children's
Trust Fund provide for all of the following:
(1) The development of a public-private partnership by encouraging
consistent outreach to the private foundation and corporate
community.
(2) Funds for large-scale dissemination of information that will
promote public awareness regarding the nature and incidence of child
abuse and the availability of services for intervention. These
public awareness activities shall include, but not be limited to, the
production of public service announcements, well designed posters,
pamphlets, booklets, videos, and other media tools.
(3) Research and demonstration projects that explore the nature
and incidence and the development of long-term solutions to the
problem of child abuse.
(4) The development of a mechanism to provide ongoing public
awareness through activities that will promote the charitable tax
deduction for the trust fund and seek continued contributions. These
activities may include convening a philanthropic roundtable,
developing literature for use by the State Bar for dissemination, and
whatever other activities are deemed necessary and appropriate to
promote the trust fund.
SEC. 506. Section 18970 of the Welfare and Institutions Code is
amended to read:
18970. (a) The department shall expend funds appropriated to it
pursuant to Section 18969 for innovative local child abuse and
neglect prevention and intervention programs operated by private
nonprofit organizations or public institutions of higher education
with recognized expertise in fields related to child welfare. These
projects shall be joined to formal evaluation components.
(b) These funds may also be used for evaluation, research, or
dissemination of information concerning existing program models for
the purpose of replication of successful models.
(c) The Office of Child Abuse Prevention and those local
commissions designated by the county boards of supervisors shall
collect and publish the following data relevant to the state and
local children's trust funds:
(1) Descriptions of the types of programs and services funded by
local and state children's trust funds and the target populations
benefiting from these programs.
(2) The amount in each portion of the state and local trust fund
as of June 30 each year, beginning June 30, 1987, as well as the
amount disbursed in the preceding fiscal year.
(e) (1) Funds shall be expended from the moneys appropriated to
the State Children's Trust Fund pursuant to Section 18969 of this
code and Section 103590 of the Health and Safety Code to enable the
Office of Child Abuse Prevention to annually collect and publish the
data specified in subdivision (c).
(2) Funds may be expended from local children's trust funds
established pursuant to Section 18966 to enable those local
commissions designated by the county boards of supervisors in
accordance with Section 18966 to annually collect and publish the
data specified in subdivision (c).
SEC. 507. The Legislature finds and declares that any substantive
changes made by Chapter 415 of the Statutes of 1995 were unintended
and contrary to the express provisions of Sections 171 and 172 of
Chapter 415 of the Statutes of 1995.
SEC. 508. The Legislature intends both of the following:
(a) When construing the effect of any of the provisions of Chapter
415 of the Statutes of 1995 from January 1, 1996, to the date this
measure takes effect, that a court apply the provisions in a manner
consistent with the changes to be made by this bill and Sections 171
and 172 of Chapter 415 of the Statutes of 1995.
(b) This bill makes substantive changes to the law solely to
ensure that Chapter 415 of the Statutes of 1995 has only technical
and nonsubstantive effect and to conform to Sections 171 and 172 of
Chapter 415 of the Statutes of 1995.
SEC. 509. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution as a result
of costs which may be incurred by a local agency or school district
because this act creates a new crime or infraction, changes the
definition of a crime or infraction, changes the penalty for a crime
or infraction, or eliminates a crime or infraction.
Moreover, no reimbursement is required by this act
pursuant to Section 6 of Article XIIIB of the California Constitution
for certain costs because the local agency or school district has
the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act related to those costs.
Further, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Also, notwithstanding Section 17580 of the Government Code, unless
otherwise specified in this act, the provisions of this act shall
become operative on the same date that the act takes effect pursuant
to the California Constitution.
SEC. 510. Any section of any act, other than the act for the
maintenance of the codes, enacted by the Legislature during the 1996
calendar year that takes effect on or before January 1, 1997, and
that amends, amends and renumbers, amends and repeals, amends,
repeals, and adds, repeals, or repeals and adds a section that is
amended, or amended and renumbered, by this act, shall prevail over
the amendment, or amendment and renumbering, of that section by this
act whether that act is enacted prior to, or subsequent to, the
enactment of this act. Section 110597, as proposed to be added to
the Health and Safety Code by AB 2653, shall prevail over Section
110597, as proposed to be added to the Health and Safety Code by this
act, whether AB 2653 is enacted prior to, or subsequent to, the
enactment of this act, if AB 2653 is enacted by the Legislature
during the 1996 calendar year, takes effect on or before January 1,
1997, and adds Section 110597 to the Health and Safety Code. Section
117924, as proposed to be added to the Health and Safety Code by SB
1966, shall prevail over Section 117924, as proposed to be added to
the Health and Safety Code by this act, whether SB 1966 is enacted
prior to, or subsequent to, the enactment of this act, if SB 1966 is
enacted by the Legislature during the 1996 calendar year, takes
effect on or before January 1, 1997, and adds Section 117924 to the
Health and Safety Code.
SEC. 511. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to, as soon as possible, carry out the intent of the
Legislature as expressed in Chapter 415 of the Statutes of 1995 to
reorganize the public health portion of the Health and Safety Code
with only technical and nonsubstantive effect, it is necessary that
this act take effect immediately.