BlackletterCalifornia law

DIVISION 1. ADMINISTRATION OF PUBLIC HEALTH [135. - 1179.102.]

Division 1 enacted by Stats. 1939, Ch. 60.

§§ 135–1179.102 · 149 sections

  1. PART 0.5. California Health and Human Services Agency Departments: Public Notice Requirements § 135 · 1 section
    • § 135 If a department within the California Health and Human Services Agency has received approval of an operational state plan by a federal agency, or has applied…
  2. PART 1. STATE DEPARTMENT OF HEALTH SERVICES §§ 137–429.997 · 27 sections
    1. CHAPTER 1.3. Women’s Health §§ 137–140 · 4 sections
      • § 137 (a) The State Department of Public Health shall develop a coordinated state strategy for addressing the health-related needs of women, including implementation…
      • § 138.4 (a) The State Department of Public Health shall place priority on providing information to consumers, patients, and health care providers regarding women’s…
      • § 138.6 (a) The State Department of Public Health shall include in any literature that it produces regarding breast cancer information that shall include, but not be…
      • § 140 (a) The California Reproductive Justice and Freedom Fund (RJ Fund) is hereby established. The goal of the RJ Fund is to dismantle historic and standing…
    2. CHAPTER 1.5. Multicultural Health § 152 · 1 section
      • § 152 (a) The State Department of Public Health Office of Health Equity shall do all of the following: (1) Perform strategic planning to develop departmentwide plans…
    3. CHAPTER 2. Powers and Duties §§ 416–429.997 · 22 sections
      1. ARTICLE 7.5. Conservatorship and Guardianship for Developmentally Disabled Persons §§ 416–416.23 · 20 sections
        • § 416 The Director of Developmental Services may be appointed as either guardian or conservator of the person and estate, or person or estate, of any developmentally…
        • § 416.1 Unless exceptions are expressly made in this article, the provisions of Division 4 (commencing with Section 1400) of the Probate Code shall apply to…
        • § 416.5 The director may be nominated by any one of the following to act as guardian or conservator for any developmentally disabled person; (1) who is or may become…
        • § 416.6 In every case in which he has agreed to do so, the director may petition for his appointment to act as conservator or guardian of the alleged developmentally…
        • § 416.7 If the alleged developmentally disabled person is within the state and is able to attend, he shall be present at the hearing. If he is unable to attend by…
        • § 416.8 In addition to the requirements of Division 4 (commencing with Section 1400) of the Probate Code, the court shall be provided by the regional center with a…
        • § 416.9 The court may appoint the Director of Developmental Services as guardian or conservator of the person and estate or person or estate of a minor or adult…
        • § 416.95 Prior to the appointment of the Director of Developmental Services as guardian or conservator of the person or estate of a minor or adult developmentally…
        • § 416.10 No appointment of both the Director of Developmental Services and a private guardian or conservator shall be made for the same person and estate, or person or…
        • § 416.11 No costs or fees shall be charged or received by the county clerk for the filing of any conservatorship or guardianship petition as provided in this article,…
        • § 416.12 The Director of Developmental Services shall file an official bond in no event less than twenty-five thousand dollars ($25,000), which bond shall inure to the…
        • § 416.13 The appointment by the court of the Director of Developmental Services as conservator or guardian shall be by the title of his office. The authority of the…
        • § 416.14 The Director of Developmental Services shall: (a) Consult with developmentally disabled persons and their families with respect to the services the director…
        • § 416.15 The Director of Developmental Services, when acting as adviser, may provide advice and guidance to the developmentally disabled person without prior…
        • § 416.16 The Director of Developmental Services shall have the same powers and duties as those established for guardians and conservators in Division 4 (commencing with…
        • § 416.17 It is the intent of this article that the director, when acting as guardian or conservator of the person of a developmentally disabled person, shall maintain…
        • § 416.18 The director shall provide for at least an annual review in writing of the physical, mental, and social condition of each developmentally disabled person for…
        • § 416.19 (a) The services to be rendered by the director as adviser or as guardian or conservator of the person shall be performed through the regional centers or by…
        • § 416.20 The director shall receive such reasonable fees for his services as guardian or conservator of the estate as the court allows and such fees shall be paid into…
        • § 416.23 This article does not authorize the care, treatment, or supervision or any control over any developmentally disabled person without the written consent of his…
      2. ARTICLE 9. Air Sanitation § 425 · 1 section
        • § 425 The State Department of Health Services shall submit to the State Air Resources Board recommendations for ambient air quality standards reflecting the…
      3. ARTICLE 21. Mandated County Advisory Boards § 429.997 · 1 section
        • § 429.997 Notwithstanding any provision of state law, and unless prohibited by federal law, a county may eliminate or consolidate any health advisory boards that are…
  3. PART 1.5. Office of the Surgeon General §§ 438–439 · 2 sections
    • § 438 The Office of the Surgeon General is hereby established within the California Health and Human Services Agency. The office shall be responsible for all of the…
    • § 439 (a) The Surgeon General shall be appointed by the Governor and shall be the director of the Office of the Surgeon General. (b) On and after July 1, 2019, the…
  4. PART 1.6. HEALTH RESEARCH FAIRNESS §§ 439.900–439.906 · 7 sections
    • § 439.900 This act shall be known and may be cited as the Health Research Fairness Act.
    • § 439.901 The Legislature finds and declares all of the following: (a) The National Institutes of Health (NIH), the nation’s major source of funding for medical research…
    • § 439.902 (a) On or before June 30, 1992, state agencies shall adopt, and it is the intent of the Legislature that the Regents of the University of California adopt,…
    • § 439.903 State agencies shall, and it is the intent of the Legislature that the University of California: (a) Provide special opportunities for funding research…
    • § 439.904 (a) State agencies and the University of California shall report, consistent with available data, on the extent to which state funds administered by those…
    • § 439.905 It is the intent of the Legislature to encourage research on the effectiveness of RU-486 (mifepristone) in treating breast and ovarian cancer, meningioma,…
    • § 439.906 For purposes of this part, “state agency” has the same meaning as defined in Section 11000 of the Government Code.
  5. [PART 1.7. HEALTH FACILITIES DISCLOSURE ACT] §§ 440.10–440.50 · 5 sections
    • § 440.10 “Health facility,” as used in this chapter, means any general acute care hospital required to be licensed pursuant to Chapter 2 (commencing with Section 1250)…
    • § 440.20 Within seven days after completion of the patient’s itemized bill, every health facility shall provide to the primary attending health care practitioner a…
    • § 440.30 The primary attending health care practitioner’s written request to the health facility shall specify the records to be copied pursuant to Section 440.20 and…
    • § 440.40 The primary attending health care practitioner shall obtain prior written consent from each patient for whom a billing is requested, authorizing the release of…
    • § 440.50 No information, other than the itemized billing set forth in Section 440.20, that is prohibited from being released by any other provision of law shall be made…
  6. PART 1.8. END-OF-LIFE CARE §§ 442–442.9 · 4 sections
    • § 442 For the purposes of this part, the following definitions shall apply: (a) “Actively dying” means the phase of terminal illness when death is imminent. (b)…
    • § 442.5 (a) When a health care provider makes a diagnosis that a patient has a terminal illness, the health care provider shall do both of the following: (1) Notify…
    • § 442.7 If a health care provider does not wish to comply with his or her patient’s request or, when applicable, the request of another person authorized to make…
    • § 442.9 (a) Before the discharge from an acute care hospital of a Medi-Cal beneficiary diagnosed with a terminal illness, the hospital’s designated case manager or…
  7. PART 1.85. End of Life Option Act §§ 443–443.22 · 23 sections
    • § 443 This part shall be known and may be cited as the End of Life Option Act.
    • § 443.1 As used in this part, the following definitions shall apply: (a) “Adult” means an individual 18 years of age or older. (b) “Aid-in-dying drug” means a drug…
    • § 443.2 (a) An individual who is an adult with the capacity to make medical decisions and with a terminal disease may make a request to receive a prescription for an…
    • § 443.3 (a) An individual seeking to obtain a prescription for an aid-in-dying drug pursuant to this part shall submit two oral requests, a minimum of 48 hours apart,…
    • § 443.4 (a) An individual may at any time withdraw or rescind their request for an aid-in-dying drug, or decide not to ingest an aid-in-dying drug, without regard to…
    • § 443.5 (a) Before prescribing an aid-in-dying drug, the attending physician shall do all of the following: (1) Make the initial determination of all of the following:…
    • § 443.6 Before a qualified individual obtains an aid-in-dying drug from the attending physician, the consulting physician shall perform all of the following: (a)…
    • § 443.7 Upon referral from the attending or consulting physician pursuant to this part, the mental health specialist shall: (a) Examine the qualified individual and…
    • § 443.8 All of the following shall be documented in the individual’s medical record: (a) All oral requests for aid-in-dying drugs. (b) All written requests for…
    • § 443.9 (a) Within 30 calendar days of writing a prescription for an aid-in-dying drug, the attending physician shall submit to the State Department of Public Health a…
    • § 443.10 A qualified individual may not receive a prescription for an aid-in-dying drug pursuant to this part unless he or she has made an informed decision.…
    • § 443.11 (a) A request for an aid-in-dying drug as authorized by this part shall be in the following form: REQUEST FOR AN AID-IN-DYING DRUG TO END MY LIFE IN A HUMANE…
    • § 443.12 (a) A provision in a contract, will, or other agreement executed on or after January 1, 2016, whether written or oral, to the extent the provision would affect…
    • § 443.13 (a) (1) The sale, procurement, or issuance of a life, health, or annuity policy, health care service plan contract, or health benefit plan, or the rate charged…
    • § 443.14 (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability solely because the person was present when the qualified…
    • § 443.15 (a) Subject to subdivision (b), notwithstanding any other law, a health care entity may prohibit its employees, independent contractors, or other persons or…
    • § 443.16 (a) A health care provider may not be sanctioned for any of the following: (1) Making an initial determination pursuant to the standard of care that an…
    • § 443.17 (a) Knowingly altering or forging a request for an aid-in-dying drug to end an individual’s life without their authorization or concealing or destroying a…
    • § 443.18 Nothing in this part may be construed to authorize a physician or any other person to end an individual’s life by lethal injection, mercy killing, or active…
    • § 443.19 (a) The State Department of Public Health shall collect and review the information submitted pursuant to Section 443.9. The information collected shall be…
    • § 443.20 A person who has custody or control of any unused aid-in-dying drugs prescribed pursuant to this part after the death of the patient shall personally deliver…
    • § 443.21 Any governmental entity that incurs costs resulting from a qualified individual terminating his or her life pursuant to the provisions of this part in a public…
    • § 443.22 (a) The Medical Board of California may update the attending physician checklist and compliance form, the consulting physician compliance form, and the…
  8. PART 1.9. MEDICAL REFERRAL SERVICES § 445 · 1 section
    • § 445 No person, firm, partnership, association or corporation, or agent or employee thereof, shall for profit refer or recommend a person to a physician, hospital,…
  9. PART 2. LOCAL ADMINISTRATION § 851 · 1 section
    1. CHAPTER 5. Local Health and Safety Regulations § 851 · 1 section
      • § 851 Any board of supervisors may adopt such rules and regulations with regard to keeping and storing of every description of gunpowder, hercules powder, giant…
  10. PART 3. OFFICE OF BINATIONAL BORDER HEALTH § 475 · 1 section
    • § 475 (a) (1) The State Department of Health Services shall establish a permanent Office of Binational Border Health to facilitate cooperation between health…
  11. PART 3. CHILDREN'S ENVIRONMENTAL HEALTH CENTER §§ 900–901 · 2 sections
    • § 900 There is hereby created the Children’s Environmental Health Center within the Environmental Protection Agency. The primary purposes of the center shall include…
    • § 901 (a) As used in this section: (1) “Center” means the Children’s Environmental Health Center established pursuant to Section 900. (2) “Office” means the Office…
  12. PART 4. Unified Health Care Financing System §§ 1000–1002 · 3 sections
    • § 1000 The Legislature finds and declares all of the following: (a) Established by the Governor and the Legislature, the Healthy California for All Commission…
    • § 1001 The Secretary of the California Health and Human Services Agency shall research, develop, and pursue discussions of a waiver framework in consultation with the…
    • § 1002 (a) In developing the waiver framework, the Secretary of the Health and Human Services Agency shall engage stakeholders to provide input on topics related to…
  13. PART 5. OFFICE OF RURAL HEALTH §§ 1179–1179.6 · 4 sections
    • § 1179 The Legislature finds and declares all of the following: (a) Outside of California’s four major metropolitan areas, the majority of the state is rural. In…
    • § 1179.1 (a) The Secretary of the Health and Welfare Agency shall establish an Office of Rural Health, or an alternative organizational structure, in one of the…
    • § 1179.3 (a) (1) The Office of Statewide Health Planning and Development shall develop and administer a competitive grants program for projects located in rural areas…
    • § 1179.6 (a) (1) In order to provide improved delivery of services to the families of agricultural workers, the State Department of Health Services shall review and…
  14. PART 6. CHILDREN'S HOSPITAL BOND ACT OF 2004 §§ 1179.10–1179.43 · 22 sections
    1. CHAPTER 1. General Provisions §§ 1179.10–1179.11 · 2 sections
      • § 1179.10 This part shall be known and may be cited as the Children’s Hospital Bond Act of 2004.
      • § 1179.11 As used in this part, the following terms have the following meanings: (a) “Authority” means the California Health Facilities Financing Authority established…
    2. CHAPTER 2. The Children’s Hospital Program §§ 1179.20–1179.25 · 6 sections
      • § 1179.20 The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children’s Hospital Fund, which is hereby created.
      • § 1179.21 The purpose of the Children’s Hospital Program is to improve the health and welfare of California’s critically ill children, by providing a stable and ready…
      • § 1179.22 The authority is authorized to award grants to any children’s hospital for purposes of funding projects, as defined in subdivision (g) of Section 1179.11.
      • § 1179.23 (a) Twenty percent of the total funds available for grants pursuant to this part shall be awarded to children’s hospitals as defined in paragraph (1) of…
      • § 1179.24 (a) The authority shall develop a written application for the awarding of grants under this part within 90 days of the adoption of this act. The authority…
      • § 1179.25 The Bureau of State Audits may conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent with the…
    3. CHAPTER 3. Fiscal Provisions §§ 1179.30–1179.43 · 14 sections
      • § 1179.30 Bonds in the total amount of seven hundred fifty million dollars ($750,000,000), not including the amount of any refunding bonds, may be issued and sold to…
      • § 1179.31 The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4…
      • § 1179.32 (a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this part, the…
      • § 1179.33 The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions…
      • § 1179.34 There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the…
      • § 1179.35 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from the General Fund in the State Treasury, for the purposes…
      • § 1179.36 For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of…
      • § 1179.37 All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for…
      • § 1179.38 Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of…
      • § 1179.39 The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the…
      • § 1179.40 The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code,…
      • § 1179.41 Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this part that include…
      • § 1179.42 The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is…
      • § 1179.43 Notwithstanding any other provision of this part, the provisions of this part are severable. If any provision of this part or its application is held invalid,…
  15. PART 6.1. CHILDREN'S HOSPITAL BOND ACT OF 2008 §§ 1179.50–1179.72 · 22 sections
    1. CHAPTER 1. General Provisions §§ 1179.50–1179.51 · 2 sections
      • § 1179.50 (a) This part shall be known and may be cited as the Children’s Hospital Bond Act of 2008. (b) California’s network of regional children’s hospitals provide…
      • § 1179.51 As used in this part, the following terms have the following meanings: (a) “Authority” means the California Health Facilities Financing Authority established…
    2. CHAPTER 2. The Children’s Hospital Program §§ 1179.53–1179.58 · 6 sections
      • § 1179.53 The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children’s Hospital Bond Act Fund, which is hereby created.
      • § 1179.54 The purpose of the Children’s Hospital Program is to improve the health and welfare of California’s critically ill children, by providing a stable and ready…
      • § 1179.55 The authority is authorized to award grants to any children’s hospital for purposes of funding projects, as defined in subdivision (g) of Section 1179.51.
      • § 1179.56 (a) Twenty percent of the total funds available for grants pursuant to this part shall be awarded to children’s hospitals as defined in paragraph (1) of…
      • § 1179.57 (a) The authority shall develop a written application for the awarding of grants under this part within 90 days of the adoption of this act. The authority…
      • § 1179.58 The Bureau of State Audits may conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent with the…
    3. CHAPTER 3. Fiscal Provisions §§ 1179.59–1179.72 · 14 sections
      • § 1179.59 Bonds in the total amount of nine hundred eighty million dollars ($980,000,000), not including the amount of any refunding bonds, may be issued and sold to…
      • § 1179.60 The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4…
      • § 1179.61 (a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law of the bonds authorized by this part, the…
      • § 1179.62 The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions…
      • § 1179.63 There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the…
      • § 1179.64 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from the General Fund in the State Treasury, for the purposes…
      • § 1179.65 For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of…
      • § 1179.66 All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for…
      • § 1179.67 Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of…
      • § 1179.68 The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of…
      • § 1179.69 The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code,…
      • § 1179.70 Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this part that include…
      • § 1179.71 The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is…
      • § 1179.72 Notwithstanding any other provision of this part, the provisions of this part are severable. If any provision of this part or its application is held invalid,…
  16. PART 6.2. Naloxone Grant Program § 1179.80 · 1 section
    • § 1179.80 (a) In order to reduce the rate of fatal overdose from opioid drugs including heroin and prescription opioids, the State Department of Public Health shall,…
  17. PART 6.25. Provision of Opioid Antagonists to Tribal Governments § 1179.805 · 1 section
    • § 1179.805 (a) The State Department of Health Care Services shall conduct outreach to each of the tribal governments in California for the purpose of advising them of the…
  18. PART 6.3. CHILDREN’S HOSPITAL BOND ACT OF 2018 §§ 1179.81–1179.102 · 22 sections
    1. CHAPTER 1. General Provisions §§ 1179.81–1179.82 · 2 sections
      • § 1179.81 (a) This part shall be known, and may be cited, as the Children’s Hospital Bond Act of 2018. (b) California’s network of regional children’s hospitals provide…
      • § 1179.82 As used in this part, the following terms have the following meanings: (a) “Authority” means the California Health Facilities Financing Authority established…
    2. CHAPTER 2. The Children’s Hospital Program §§ 1179.83–1179.88 · 6 sections
      • § 1179.83 The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children’s Hospital Bond Act Fund, which is hereby created.
      • § 1179.84 The purpose of the Children’s Hospital Program is to improve the health and welfare of California’s critically ill children by providing a stable and ready…
      • § 1179.85 The authority is authorized to award grants to any children’s hospital for purposes of funding projects, as defined in subdivision (g) of Section 1179.82, or…
      • § 1179.86 (a) Eighteen percent of the total funds available for grants pursuant to this part shall be awarded to children’s hospitals as defined in paragraph (1) of…
      • § 1179.87 (a) The authority shall develop a written application for the awarding of grants under this part within 90 days of the adoption of this act. The authority…
      • § 1179.88 The California State Auditor may conduct periodic audits to ensure that bond proceeds are awarded in a timely fashion and in a manner consistent with the…
    3. CHAPTER 3. Fiscal Provisions §§ 1179.89–1179.100 · 12 sections
      • § 1179.89 Bonds in the total amount of one billion five hundred million dollars ($1,500,000,000), not including the amount of any refunding bonds, may be issued and sold…
      • § 1179.90 The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4…
      • § 1179.91 (a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of…
      • § 1179.92 The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this part in order to carry out the actions…
      • § 1179.93 There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the…
      • § 1179.94 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from the General Fund in the State Treasury, for the purposes…
      • § 1179.95 For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of…
      • § 1179.96 All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for…
      • § 1179.97 Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of…
      • § 1179.98 The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, including other authorized forms of…
      • § 1179.99 The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code,…
      • § 1179.100 Notwithstanding any other provision of this part, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division…
    4. CHAPTER 4. General Provisions §§ 1179.101–1179.102 · 2 sections
      • § 1179.101 The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is…
      • § 1179.102 Notwithstanding any other provision of this part, the provisions of this part are severable. If any provision of this part or its application is held invalid,…