DIVISION 103. DISEASE PREVENTION AND HEALTH PROMOTION [104100. - 106036.]
Division 103 added by Stats. 1995, Ch. 415, Sec. 5.
§§ 104100–106036 · 263 sections
PART 1. CHRONIC DISEASE §§ 104100–104324.5 · 63 sections
CHAPTER 1. Cardiovascular Disease §§ 104100–104140 · 10 sections
- § 104100 The Legislature finds and declares that high blood pressure, also known as hypertension, is a widespread and serious public health problem in California. This…
- § 104105 The department shall conduct a program for the control of high blood pressure. The program shall include, but not be limited to, all of the following: (a)…
- § 104110 Local community high blood pressure control programs may include any or all of the following program components: (a) Screening. (b) Detection. (c) Referral and…
- § 104113 (a) Every health studio, as defined in subdivision (h), shall acquire, maintain, and train personnel in the use of, an automatic external defibrillator…
- § 104115 The department may enter into contracts with local public and private nonprofit agencies for the purpose of operating community high blood pressure control…
- § 104120 The department shall establish standards for applications for funding, review of proposals, funding awards, technical assistance, monitoring, and evaluation of…
- § 104125 No services provided pursuant to this chapter shall substitute for other obligations of a unit of local government, including those required by state law.…
- § 104130 Local community high blood pressure control programs funded pursuant to this chapter shall make maximum use of third party payments and other resources to…
- § 104135 The department may receive and expend funds for high blood pressure control pursuant to this chapter from federal and other available sources and may use such…
- § 104140 It is the intent of the Legislature that the department shall utilize available federal funds for carrying out the purposes of this chapter.
CHAPTER 2. Cancer §§ 104145–104210.2 · 32 sections
ARTICLE 1. The Breast Cancer Research Program § 104145 · 1 section
- § 104145 (a) The Legislature hereby requests the University of California to establish and administer the Breast Cancer Research Program, which is created by this act,…
ARTICLE 1.3. Breast and Cervical Cancer Early Detection Program Grant §§ 104150–104151 · 2 sections
- § 104150 (a) (1) A provider or entity that participates in the grant made to the department by the federal Centers for Disease Control and Prevention breast and…
- § 104151 Notwithstanding Section 10231.5 of the Government Code, each year, by no later than January 10 and concurrently with the release of the May Revision, the State…
ARTICLE 1.5. Breast and Cervical Cancer Treatment Program §§ 104160–104163 · 7 sections
- § 104160 (a) The State Department of Health Care Services shall develop and maintain the Breast and Cervical Cancer Treatment Program to expand and ensure quality…
- § 104161 For the purposes of this article, the following definitions shall apply: (a) “Covered conditions” means breast or cervical cancer. (b) “Breast cancer” includes…
- § 104161.1 (a) If an individual is made eligible for treatment services under this article due to a diagnosis of breast cancer, the treatment services shall be provided…
- § 104162 An individual shall be eligible to receive treatment services pursuant to this article provided that all of the following criteria are met: (a) The individual…
- § 104162.1 If an individual is underinsured, as defined in subdivision (f) of Section 104161, the State Department of Health Care Services shall be the payer of second…
- § 104162.2 For the purposes of establishing eligibility for treatment services under this article, breast or cervical cancer screens performed by providers or entities…
- § 104163 The State Department of Health Care Services shall provide for breast cancer and cervical cancer treatment services pursuant to this article at the level of…
ARTICLE 1.7. Human Leukocyte Antigen Testing Fund § 104170 · 1 section
- § 104170 (a) The Human Leukocyte Antigen Testing Fund is hereby established in the State Treasury, to be administered by the State Department of Health Services. Moneys…
ARTICLE 2. The Cancer Research Act of 1997 §§ 104175–104189 · 13 sections
- § 104175 The Legislature finds and declares that decades after the war on cancer was declared, it remains an insidious killer of Californians. Simultaneously, cancer…
- § 104180 The Cancer Research Fund is hereby established in the State Treasury. Moneys in the fund shall be available for expenditure by the department, upon…
- § 104181 (a) The moneys in the Cancer Research Fund, established pursuant to Section 104180, shall be expended for the purpose of cancer research. (b) The State…
- § 104181.5 The department, in awarding grants under this program, shall not encumber money allocated in any fiscal year other than the fiscal year in which the…
- § 104181.6 Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2002 and any other provision of law, commencing with the appropriation for the 2002–03…
- § 104182 (a) The Cancer Research Council is hereby established, to consist of 15 members appointed by the Director of Health Services representing a range of expertise…
- § 104182.5 Not less than a majority of the appointed members of the Cancer Research Council shall be present and voting for approval and selection of research priorities…
- § 104182.7 (a) The department shall grant a minimum of 65 percent of any fiscal year appropriation that is awarded for research to cancer research proposals directly…
- § 104185 (a) This program shall incorporate the principles and organizational elements set forth in this article, including, but not limited to, a research program…
- § 104187 The State Department of Health Services shall do all of the following: (a) Provide overall coordination of the program. (b) Provide staff assistance to the…
- § 104187.5 Peer review panels, in reviewing proposals for cancer research, may recommend the awarding of a grant to a cancer research proposal on the condition that a…
- § 104188 The maximum indirect cost rate that may be charged on any cancer research program grant awarded to any institution under this article shall not be more than 25…
- § 104189 The responsibilities of the council shall include, but not be limited to, all of the following: (a) Development and review of the strategic objectives and…
ARTICLE 2.5. Lyme Disease Advisory Committee and Information Service §§ 104190–104193 · 4 sections
- § 104190 As used in this article the following definitions apply: (a) “Disease” means Lyme disease recognized by the presence of the spirochete (borrelia burgdorferi),…
- § 104191 (a) There is hereby created in the state department the Lyme Disease Advisory Committee composed of , but not limited to, the following members: (1) One from…
- § 104192 The Lyme Disease Advisory Committee shall advise and make recommendations to the department regarding subjects including, but not limited to, all of the…
- § 104193 The department shall do all of the following: (a) Establish a Lyme disease information program that provides educational materials and information services on…
ARTICLE 3. Cancer Awareness § 104200 · 1 section
- § 104200 (a) Subject to subdivision (e), the department shall conduct the Cervical Cancer Community Awareness Campaign to do all of the following: (1) To provide…
ARTICLE 4. California Firefighter Cancer Prevention and Research Program §§ 104210–104210.2 · 3 sections
- § 104210 For the purposes of this article, the following definitions apply: (a) “Eligible educational institutions” means University of California campuses that meet…
- § 104210.1 (a) The California Firefighter Cancer Prevention and Research Program is hereby established. The Legislature requests the University of California to develop…
- § 104210.2 Implementation of this article shall be subject to a resolution adopted by the Regents of the University of California agreeing to undertake the duties…
CHAPTER 4. Diabetes (Reserved) §§ 104250–104251 · 2 sections
ARTICLE 1. Diabetes. §§ 104250–104251 · 2 sections
- § 104250 The Legislature finds and declares all of the following: (a) It is reported that one in seven adult Californians has diabetes, and the numbers are rising…
- § 104251 (a) The State Department of Public Health shall submit a report to the Legislature on or before January 1, 2019, that includes a summary and compilation of…
CHAPTER 5. Blindness and Other Chronic Disease §§ 104300–104305 · 2 sections
- § 104300 The department shall maintain a program for the prevention of blindness, including, but not limited to: (a) Studies to determine the number, distribution, and…
- § 104305 The department may enter into agreements with any public or private organization, agency, or individual to carry out its duties and responsibilities with…
CHAPTER 6. The Prostate Cancer Act of 1998 §§ 104310–104315 · 4 sections
- § 104310 This chapter shall be known and may be cited as the Prostate Cancer Act of 1998.
- § 104312 The Legislature finds and declares all of the following: (a) California has the highest incidence of and death from prostate cancer, and due to the increased…
- § 104314 (a) The Prostate Cancer Fund is hereby established in the State Treasury. It is the intent of the Legislature that the fund be funded by an annual…
- § 104315 (a) The Prostate Cancer Screening Program shall be established in the State Department of Health Care Services. (b) The program shall apply to both of the…
CHAPTER 6.5. Reduction of Asthma through Assessment, Intervention, and Evaluation §§ 104316–104321 · 6 sections
- § 104316 (a) Contingent upon appropriation in the annual Budget Act, the State Department of Health Services shall do all of the following: (1) Regularly analyze asthma…
- § 104317 (a) The department shall offer public and professional education to disseminate the most current information on asthma. (b) The department shall assist health…
- § 104318 The department shall do all of the following in connection with the administration of funds provided to implement this chapter: (a) Draft and circulate…
- § 104319 The department shall monitor the clinical and public interventions required by this chapter, and shall report successful and unsuccessful interventions in…
- § 104320 The department shall establish and maintain a surveillance and intervention program for the prevention of asthma.
- § 104321 The department shall implement this chapter contingent on the appropriation of funds in the annual Budget Act.
CHAPTER 7. Prostate Cancer Treatment Program § 104322 · 1 section
- § 104322 (a) (1) The State Department of Health Care Services shall develop and implement a program to provide quality prostate cancer treatment for low-income and…
CHAPTER 7.5. Amyotrophic Lateral Sclerosis (ALS) § 104323 · 1 section
- § 104323 The Legislature finds and declares all of the following: (a) Amyotrophic Lateral Sclerosis (ALS), more commonly known as Lou Gehrig’s disease, is a…
CHAPTER 8. Environmental Health Surveillance System §§ 104324–104324.5 · 5 sections
- § 104324 (a) It is the intent of the Legislature to establish an Environmental Health Surveillance System (EHSS) in accordance with this chapter. The purpose of the…
- § 104324.2 (a) On or before July 1, 2002, the Division of Environmental and Occupational Disease Control in the State Department of Health Services, in consultation with…
- § 104324.25 (a) On or before July 1, 2004, the State Department of Health Services, the California Environmental Protection Agency, and the University of California shall…
- § 104324.3 It is the intent of the Legislature to enact legislation that would require the adoption and implementation, by specified dates, of one of the approaches…
- § 104324.5 This chapter shall only apply to the University of California to the extent that the Regents of the University of California make it applicable by appropriate…
PART 2. INJURY PREVENTION AND CONTROL §§ 104325–104340 · 8 sections
CHAPTER 1. Unintentional Injury Study and Control §§ 104325–104330 · 2 sections
- § 104325 The department may maintain a program of accidental injury study and control, including but not limited to, all of the following: (a) The conduct of studies to…
- § 104330 The department may enter into agreements with any public or private organization, agency, or individual to carry out its duties and responsibilities with…
CHAPTER 2. Roman Reed Spinal Cord Injury Research Act of 1999 §§ 104335–104339 · 5 sections
- § 104335 This chapter shall be known and may be cited as the Roman Reed Spinal Cord Injury Research Act of 1999.
- § 104336 The University of California may establish a spinal cord injury research fund, independent of the State Treasury, to accept public and private funds for the…
- § 104337 Moneys in the fund established pursuant to Section 104336 may be expended by the University of California solely for spinal cord injury research programs and…
- § 104338 (a) There is hereby created within the University of California the Spinal Cord Injury Research Program. (b) The program shall promote spinal cord injury…
- § 104339 This chapter shall not apply to the University of California unless the Regents of the University of California, by appropriate resolution, make these…
CHAPTER 3. Expressions of Sympathy, Benevolence, or Fault in Health Care § 104340 · 1 section
- § 104340 (a) Statements, writings, or benevolent gestures expressing sympathy, regret, a general sense of benevolence, or suggesting, reflecting, or accepting fault…
PART 3. RISK REDUCTION §§ 104350–104895 · 105 sections
CHAPTER 1. Tobacco Control §§ 104350–104559.5 · 49 sections
ARTICLE 1. Tobacco Use Prevention §§ 104350–104495 · 28 sections
- § 104350 (a) The Legislature finds and declares as follows: (1) Smoking is the single most important source of preventable disease and premature death in California.…
- § 104355 The following definitions shall apply to this article: (a) “Grantee” means any public or private nonprofit entity approved by the department or the State…
- § 104360 The following target populations, at a minimum, shall be the focus of the campaign implemented pursuant to this article: (a) School-age youth and their…
- § 104365 (a) There is hereby created the Tobacco Education and Research Oversight Committee in state government that shall advise the department and the State…
- § 104370 The committee shall be advisory to the department, the University of California, and State Department of Education for the following purposes: (a) Evaluation…
- § 104375 (a) To prevent tobacco-related diseases and diminish tobacco use, the department shall establish within the department a program on tobacco use and health to…
- § 104380 (a) Funds appropriated to the department for local lead agencies for purposes of this article shall be allocated prospectively, on a quarterly basis in…
- § 104385 (a) The department shall award and administer grants for projects directed at the prevention of tobacco-related diseases. The purpose of the grant program is…
- § 104390 (a) The department may provide program support services to local tobacco use prevention programs, that shall include, but need not be limited to, all of the…
- § 104395 The department shall expand the Child Health and Disability Prevention (CHDP) Program contained in Article 6 (commencing with Section 124025) of Chapter 3 of…
- § 104400 (a) (1) Except as provided in paragraph (2), each county health department or city health department as provided in Section 16800 of the Welfare and…
- § 104405 Local lead agencies shall obtain the involvement and participation of local community organizations with special experience and expertise in community health…
- § 104410 The following goals and priorities shall govern funding services provided under this article pursuant to local plans: (a) The provisions of preventive health…
- § 104415 (a) Local lead agencies shall attempt to ensure that preventive education against tobacco use for targeted populations is provided in a way that reaches all…
- § 104420 The State Department of Education shall provide the leadership for the successful implementation of this article in programs administered by local public and…
- § 104430 (a) The State Department of Education shall make available funds appropriated to it from the Health Education Account in the Cigarette and Tobacco Products…
- § 104435 County offices of education that receive funds pursuant to subdivision (l) of Section 104420 shall do all of the following: (a) Provide technical assistance…
- § 104440 Local lead agencies shall be ineligible for awards under the competitive grants program, unless the local lead agency is participant within a consortium of…
- § 104445 In awarding grants under the competitive grants program, the department shall give preference to all of the following: (a) Nonprofit or community-based…
- § 104450 (a) The State Department of Education shall develop a common reporting format for districts receiving tobacco-use-prevention funds under this article. (b) The…
- § 104455 The State Department of Education shall monitor and ensure implementation of district and county offices of education tobacco-free policies and tobacco-use…
- § 104460 (a) Each school district receiving funds from the Cigarette and Tobacco Products Surtax Fund shall make all of the following services available to every…
- § 104465 (a) The department may annually set aside three million dollars ($3,000,000) appropriated for the purposes of the competitive grants program established…
- § 104466 Notwithstanding subdivision (a) of Section 2.00 of the Budget Act of 2002 and any other provision of law, commencing with the appropriation for the 2002–03…
- § 104470 The State Department of Education shall make periodic reports to the committee regarding the status and funding of tobacco education programs funded under this…
- § 104475 There is hereby created under the authority of the Controller the Tobacco Education Fund.
- § 104480 All guidelines, criteria, standards, and requirements specified in this article are exempt from the requirements of Chapter 3.5 (commencing with Section 11340)…
- § 104495 (a) For the purposes of this section, the following definitions shall govern: (1) “Playground” means any park or recreational area specifically designed to be…
ARTICLE 2. Cigarette and Tobacco Products Surtax Medical Research Program §§ 104500–104545 · 10 sections
- § 104500 (a) (1) The Legislature finds that the efforts to reduce smoking in California have led to a drop in the consumption of tobacco. Although not on target to meet…
- § 104505 The Legislature hereby requests the University of California to continue to administer a comprehensive grant program to support research efforts related to the…
- § 104510 For the purposes of this article: (a) “Grantee” means any qualifying public, private, or nonprofit agency or individual including, but not limited to,…
- § 104515 It is the intent of the Legislature that the university establish a scientific advisory committee to provide advice to the president of the university as to…
- § 104520 It is the intent of the Legislature that the university utilize peer review panels modeled upon the National Institutes of Health peer review process to review…
- § 104525 Research projects funded under this article may include, but are not limited to: (a) Individual investigator-generated grants. These grants may be awarded to…
- § 104530 It is the intent of the Legislature that the university, as lead agency, do all of the following: (a) Provide overall direction and coordination of the…
- § 104535 It is the intent of the Legislature that projects funded under this article be reimbursed for actual costs, including direct costs and indirect costs incurred…
- § 104540 It is the intent of the Legislature that no more than 5 percent of the Research Account be used for the purposes of the administration of this article.
- § 104545 No provision of this article shall apply to the University of California unless the regents of the university, by resolution, make that provision so applicable.
ARTICLE 3. Cigar Labeling §§ 104550–104552 · 3 sections
- § 104550 (a) Each manufacturer or importer of cigars shall place, or cause to be placed, labels bearing one of the following warnings on each retail package of cigars…
- § 104551 For purposes of this article, “manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or…
- § 104552 To the extent this article conflicts with any federal provision enacted subsequent to the effective date of this article that requires cigar manufacturers and…
ARTICLE 3. Master Settlement Agreement §§ 104555–104558 · 5 sections
- § 104555 The Legislature finds and declares all of the following: (a) Cigarette smoking presents serious public health concerns to the state and to the citizens of the…
- § 104556 The definitions contained in this section shall govern the construction of this article. (a) “Adjusted for inflation” means increased in accordance with the…
- § 104557 (a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer or similar… see note
- § 104557.1 (a) Notwithstanding subdivision (b) of Section 104557, a tobacco product manufacturer that elects to place funds into escrow pursuant to paragraph (2) of…
- § 104558 (a) In order to secure and protect the moneys to be received as a result of the Master Settlement Agreement, as defined in subdivision (e) of Section 104556,…
ARTICLE 4. Tobacco Use Prohibition § 104559 · 1 section
- § 104559 (a) The use of tobacco and nicotine products is prohibited at any time in a county office of education, charter school or school district-owned or leased…
ARTICLE 4.5. Unflavored Tobacco § 104559.1 · 1 section
- § 104559.1 (a) The Attorney General shall establish and maintain on the Attorney General’s internet website a list of tobacco product brand styles that lack a…
ARTICLE 5. Tobacco Sale Prohibition § 104559.5 · 1 section
- § 104559.5 (a) For purposes of this section, the following definitions apply: (1) “Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer…
CHAPTER 1.5. Comprehensive Perinatal Outreach Program §§ 104560–104569 · 10 sections
- § 104560 There is established in the state department a comprehensive perinatal outreach program.
- § 104561 A county or city and county may contract with the state department to provide perinatal program coordination, patient advocacy, and expanded access services…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 104567 The program shall develop protocols, procedures, instructional materials, inservice training, data collection formats and requirements, and reimbursement…
- § 104568 For purposes of this chapter, “outreach” includes, but is not limited to, coordinated local systems of care-providing pregnancy testing, screening for risk…
- § 104569 Funds appropriated for purposes of this program for a fiscal year shall be available for expenditure without regard to fiscal year.
CHAPTER 2. Nutrition §§ 104575–104667 · 15 sections
ARTICLE 1. California Nutrition Monitoring Development Act §§ 104575–104600 · 5 sections
- § 104575 This article shall be known and may be cited as the “California Nutrition Monitoring Development Act of 1986.”
- § 104580 The Legislature declares that the purposes of this article are to determine the availability and types of nutrition monitoring information that are currently…
- § 104585 (a) The department shall assess the availability and adequacy of existing state and local food and nutrition data systems. All state departments and agencies…
- § 104590 (a) The department shall conduct a survey of state agencies and of counterpart local and private sector programs which now collect or use nutrition data or…
- § 104600 The department, using applicable state procedures, may contract for any of the services required by this article, in which case the contractor or contractors…
ARTICLE 2. “5 A Day—For Better Health” Program §§ 104650–104655 · 2 sections
- § 104650 (a) The department shall establish and implement, to the extent funds are available pursuant to subdivision (d) which are other than state general funds, a “5…
- § 104655 Notwithstanding any other provision of law, nothing shall operate to prohibit contributions to the program created pursuant to this article by organizations…
ARTICLE 3. Eating for Health §§ 104660–104667 · 8 sections
- § 104660 The purpose of this article is to facilitate and support the creation of health promoting eating environments in California. For purposes of this article, the…
- § 104661 (a) (1) For purposes of this article, except as provided in subdivision (b), “ultraprocessed food” or “UPF” means any food or beverage that contains a…
- § 104662 (a) For purposes of this article, the following definitions apply: (1) “Restricted school foods” means a food or beverage product that is not listed in…
- § 104664 (a) By no later than July 1, 2029, a school shall begin to phase out restricted school foods and ultraprocessed foods of concern. (b) Beginning July 1, 2032, a…
- § 104665 (a) On or before February 1, 2028, and on or before February 1 of each year thereafter through February 1, 2032, any vendor of food or food products to a…
- § 104665.05 (a) On or before July 1, 2028, and on or before July 1 of each year thereafter through July 1, 2032, the department, in consultation with the State Department…
- § 104666 This article does not prohibit a public entity from voluntarily enacting more stringent restrictions on ultraprocessed foods, restricted school foods, or…
- § 104667 (a) For purposes of this article, the department shall consult with the State Department of Education regarding compliance training and technical assistance…
CHAPTER 3. Oral Health §§ 104750–104865 · 26 sections
ARTICLE 2. State Oral Health Program §§ 104750–104765 · 6 sections
- § 104750 The department shall maintain a dental program including, but not limited to, the following: (a) Development of comprehensive dental health plans within the…
- § 104751 (a) The Office of Oral Health, in consultation with the Dental Board of California, the California Dental Association, California dental schools, and other…
- § 104755 The director shall appoint a dentist licensed in the State of California to administer the dental program.
- § 104760 Nothing in this article authorizes the department to compel dental examinations or services.
- § 104762 Within a public health setting or a public health program that is created or administered by a federal, state, or local governmental entity, any person may…
- § 104765 The department shall have the power to receive for the dental program any financial aid granted by any private, federal, state, district, or local or other…
ARTICLE 3. Dental Disease Prevention Programs §§ 104770–104825 · 12 sections
- § 104770 The Legislature finds that 95 percent of all children in California have dental disease in the form of dental caries and periodontal disease. Dental disease in…
- § 104775 A community dental disease prevention program may be offered to school children in preschool through sixth grade, and in classes for individuals with…
- § 104780 An advisory board, including representatives from education, dental professions, and parent groups shall be designated by the local sponsor to advise on dental…
- § 104785 The minimal standards of the community dental disease prevention program shall be determined by the department in accordance with the purposes of this article,…
- § 104790 The local health officer of each local health department interested in participating in the community dental disease prevention program, or his or her…
- § 104795 The department shall review the program proposals and approve programs that meet criteria established pursuant to Section 104785. The department shall,…
- § 104800 The local health officer or other sponsor may utilize or contract with, or both utilize and contract with, other local public and private nonprofit agencies,…
- § 104805 The State Department of Education shall assist the department in developing and evaluating educational programs in dental health and dental disease prevention.…
- § 104810 It shall be the responsibility of the governing board of each school district participating in the program and the governing authority of each private school…
- § 104815 No child shall receive a preventive agent as part of a program established pursuant to this article unless the child’s parent or guardian has given written…
- § 104820 The dental disease prevention program established by this article shall be funded according to customary budget procedures and shall only be implemented upon…
- § 104825 It is the intent of the Legislature that the program established by this article shall be placed in effect in the areas of greatest identified need as…
ARTICLE 4. Topical Dental Decay Inhibitors §§ 104830–104865 · 8 sections
- § 104830 Pupils of public and private elementary and secondary schools, except pupils of community colleges, shall be provided the opportunity to receive within the…
- § 104835 Treatment as specified in this article shall be evidenced by a written record made on a form prescribed by the department. A copy of the record shall be given…
- § 104840 The county health officer of each county shall organize and operate a program so that treatment is made available to all persons specified in Section 104830.…
- § 104845 The governing board of each school district and the governing authority of each private school shall cooperate with the county health officer in carrying out…
- § 104850 Treatment shall be provided for a person only if the parent or guardian or responsible relative or adult who has assumed responsibility for his or her care and…
- § 104855 The governing board of each school district and the governing authority of each private school shall distribute to each pupil’s parent or guardian or…
- § 104860 The department shall adopt and enforce all regulations necessary to carry out this article.
- § 104865 In enacting this article, it is the intent of the Legislature to provide a means for the eventual achievement of the topical application of fluoride or other…
CHAPTER 4. Diethylstilbesterol (DES) §§ 104875–104895 · 5 sections
- § 104875 For purposes of identifying persons who have been exposed to the potential hazards of diethylstilbestrol while pregnant or prenatally and of educating the…
- § 104880 The department shall identify at least one program for screening and follow-up care for each health service area for purposes of referral of persons exposed to…
- § 104885 The department may request and shall receive from any department, division, board, bureau, commission, or agency of the state or of any political subdivision…
- § 104890 The department shall present to the Legislature, on or before December 1, 1982, information on the diethylstilbestrol program.
- § 104895 It is the intention of the Legislature in enacting this chapter that funding for this program in subsequent fiscal years be through the normal budgetary…
PART 3.5. TOBACCO SETTLEMENT FUND §§ 104896–104899 · 5 sections
- § 104896 (a) As used in this part, the following definitions shall apply: (1) “Fund” means the Tobacco Settlement Fund. (2) “Master Settlement Agreement” means the…
- § 104897 (a) There is hereby established in the State Treasury the Tobacco Settlement Fund. (b) In the 2001–02 fiscal year, four hundred one million nine hundred…
- § 104898 (a) Distribution of moneys from the fund shall be made by annual appropriation of the Legislature consistent with the requirements of this part. (b) Moneys…
- § 104898.5 (a) Notwithstanding any other provision of law, there shall be transferred annually from the General Fund to the Tobacco Settlement Fund an amount, not to…
- § 104899 Revenue accruing to the Tobacco Settlement Fund pursuant to this part shall be deemed revenue to the General Fund solely for the purpose of certifications of…
PART 4. OLDER ADULTS §§ 104905–105145.5 · 17 sections
CHAPTER 1. Aging §§ 104905–104920 · 4 sections
- § 104905 The department shall provide staff and budgetary support for planning, evaluation, education, research design, funding, and medical leadership for health…
- § 104910 The California Commission on Aging shall allocate 5 percent of community grant funds pursuant to Title III of the Older Americans Act of 1965, as amended,…
- § 104915 The department shall maintain a program to promote availability of medical and health care for the aging. The department may contract with public or private…
- § 104920 It is the intent of the Legislature that the California Commission on Aging be the coordinating agency of all programs for the aging in this state, except…
CHAPTER 3. Geriatrics and Gerontology Programs §§ 105100–105145.5 · 13 sections
ARTICLE 1. University of California Programs §§ 105100–105140 · 10 sections
- § 105100 The Legislature finds and declares all of the following: (a) In 1998, there were about 3.57 million Californians age 65 and older, a 15 percent increase since…
- § 105101 It is the intent of the Legislature that the University of California provide academic courses and training in the field of geriatrics for medical students and…
- § 105105 It is the purpose of the Legislature, in enacting this chapter, for the University of California to establish academic geriatric resource programs and…
- § 105110 For purposes of this chapter, the following definitions apply: (a) “Academic geriatric resource program” means a program which includes one of the elements…
- § 105112 (a) It is the intent of the Legislature that University of California medical students complete a definable curriculum in geriatric medicine over the course of…
- § 105115 The Regents of the University of California shall be the agency with the responsibility for making grants for the Academic Geriatric Resource Program.
- § 105120 The Legislature requests that, on March 30, 2001, and biennially thereafter, the Regents of the University of California submit a progress report to the…
- § 105125 No provision of this chapter shall be applicable to the University of California unless the Regents of the University of California, by resolution, make that…
- § 105130 The department shall seek any Medicaid waivers necessary to implement this chapter.
- § 105140 (a) In addition to the other programs provided under this chapter, it is the intent of the Legislature to encourage the Regents of the University of California…
ARTICLE 2. California State University Programs §§ 105145–105145.5 · 3 sections
- § 105145 (a) It is the intent of the Legislature that California State University students who are receiving training to provide services to the senior population…
- § 105145.3 (a) The California State University system shall provide academic courses and training in the field of gerontology for professional service delivery personnel…
- § 105145.5 On or before January 1, 2004, the Trustees of the California State University shall submit a progress report to the Legislature on the status of the…
PART 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY §§ 105150–105459 · 56 sections
CHAPTER 1. Occupational Health and Disease Control § 105150 · 1 section
- § 105150 (a) Local health departments, as defined in Section 101185, shall provide services in occupational health to promote the health of employed persons, including…
CHAPTER 2. Occupational Health and Disease Prevention §§ 105175–105197 · 7 sections
ARTICLE 1. Occupational Health and Disease Prevention Program §§ 105175–105180 · 2 sections
- § 105175 (a) The department shall maintain a program on occupational health and occupational disease prevention, including, but not limited to, the following: (1)…
- § 105180 In any situation where these activities may duplicate or overlap the activities of another state department or agency such as the Department of Industrial…
ARTICLE 2. Occupational Lead Poisoning Prevention §§ 105185–105197 · 5 sections
- § 105185 (a) The department shall establish and maintain an occupational lead poisoning prevention program, including, but not limited to, the following: (1) Developing…
- § 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…
- § 105191 (a) The Legislature finds and declares all of the following: (1) There are some employers who use or disturb very small amounts of lead in ways that pose a…
- § 105195 (a) Sections 105185 and 105190 shall apply to the following industries: (1) 1622 Bridges, tunnels, and elevated highways. (2) 1721 Painting, paper hanging, and…
- § 105197 (a) A program is hereby established within the department to meet the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.…
CHAPTER 3. Pesticide Poisoning §§ 105200–105225 · 7 sections
- § 105200 Any physician and surgeon who knows, or has reasonable cause to believe, that a patient is suffering from pesticide poisoning or any disease or condition…
- § 105205 The Office of Environmental Health Hazard Assessment shall develop and implement, in cooperation with local health officers and state and local medical…
- § 105206 (a) In order for an employer to satisfy their responsibilities for medical supervision of their employees who regularly handle pesticides pursuant to Section…
- § 105210 After consultation with the county agricultural commissioner or the Director of Agriculture, the local health officer may, upon his determination that…
- § 105215 (a) Any public employee, as defined in Section 811.4 of the Government Code, whose responsibilities include matters relating to health and safety, protection…
- § 105220 The Director of Environmental Health Hazard Assessment shall maintain a file of all the reporting forms received from local health officers pursuant to Section…
- § 105225 Each public employer of a public employee subject to Section 105215 shall post in one or more prominent places frequented by such employee a notice informing…
CHAPTER 3.5. Chlorpyrifos § 105240 · 1 section
- § 105240 Notwithstanding Section 10231.5 of the Government Code, beginning with the first quarter of 2021, the Department of Pesticide Regulation shall prepare and…
CHAPTER 4. Residential Lead-Based Paint Hazard Reduction §§ 105250–105257 · 10 sections
- § 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.…
- § 105250.1 (a) Notwithstanding Section 105250, and beginning on July 1, 2018, the Lead-Related Construction Program fee for an application submitted for lead…
- § 105250.5 (a) The department shall review and amend its regulations governing lead-related construction work, including training and certification for workers and…
- § 105251 For purposes of this chapter, the following definitions shall apply: (a) The following terms shall have the same meaning as contained in Chapter 8 (commencing…
- § 105252 (a) It is unlawful for any person to offer lead-related construction courses to meet department certificate requirements unless that person is an accredited…
- § 105253 (a) Any person issued a certificate by the department to conduct lead-related construction work, abatement, or lead hazard evaluation, shall comply with…
- § 105254 (a) The following persons engaged in the following types of lead construction work shall have a certificate: (1) Persons who receive pay for doing lead hazard…
- § 105255 (a) No person shall perform lead-related construction work on any residential or public building in a manner that creates a lead hazard. (b) The department and…
- § 105256 (a) Notwithstanding any other provision of law, whenever the department or a local enforcement agency determines that a condition at a location or premises, or…
- § 105257 Notwithstanding subdivision (f) of Section 1464 of the Penal Code, any state penalties paid for the violation of this chapter shall be deposited into the…
CHAPTER 5. Childhood Lead Poisoning Prevention §§ 105275–105310 · 11 sections
- § 105275 This chapter shall be known, and may be cited as, the Childhood Lead Poisoning Prevention Act of 1991.
- § 105280 For purposes of this chapter, the following definitions apply: (a) “Appropriate case management” means health care referrals, environmental assessments, and…
- § 105285 (a) It is the goal of the state that all children at risk of lead exposure receive blood lead screening tests. (b) (1) The department shall adopt regulations…
- § 105286 (a) The department shall notify health care providers who perform periodic health assessments for children about, and those health care providers shall inform…
- § 105290 When a child is identified with lead poisoning, the department shall ensure appropriate case management. The department may contract with any public or private…
- § 105291 In addition to any other providers determined to be eligible by the department to provide environmental investigation services as a part of case management…
- § 105295 (a) (1) The department shall collect and analyze all information necessary to effectively monitor appropriate case management efforts. The department shall…
- § 105300 Notwithstanding Section 124130, the department shall have broad regulatory authority to fully implement and effectuate the purposes of this chapter. The…
- § 105301 (a) To ensure that funds are allocated to each local agency equitably and commensurate with the level of services needed to provide to children with elevated…
- § 105305 The program implemented pursuant to this chapter shall be fully supported from the fees collected pursuant to Section 105310. Notwithstanding the scope of…
- § 105310 (a) There is hereby imposed a fee on manufacturers and other persons formerly, presently, or both formerly and presently engaged in the stream of commerce of…
CHAPTER 6. Safer Medical Devices §§ 105325–105340 · 3 sections
- § 105325 The Legislature hereby finds and declares all of the following: (a) In California, more than 700,000 health care workers and professionals, such as nurses,…
- § 105330 (a) The documentation of sharps injuries, as required by Section 5193 of Title 8 of the California Code of Regulations, shall also include the type and brand…
- § 105340 The Department of Health Services shall maintain a Sharps Injury Control program that shall do all of the following: (a) Maintain a continuously updated list…
CHAPTER 7. Indoor Environmental Quality §§ 105400–105430 · 7 sections
- § 105400 The Legislature finds and declares that: (a) The people of the State of California have a primary interest in the quality of the indoor environment in which…
- § 105405 (a) The department through its Indoor Air Quality Program shall develop nonbinding guidelines for the reduction of exposure to volatile organic compounds (VOC)…
- § 105410 The Legislature, in view of the findings and declarations specified in Section 105400, declares that the public interest shall be safeguarded by a coordinated,…
- § 105415 For the purpose of this chapter, “indoor environmental quality” means the environment inside a residential dwelling, including a house or apartment, or inside…
- § 105420 The department shall coordinate efforts to assess, protect, and enhance indoor environmental quality.
- § 105425 The department shall conduct and promote the coordination of research, investigations, experiments, demonstrations, surveys, and studies relating to the…
- § 105430 (a) If model construction standards and techniques for controlling radon levels within new buildings are developed by the United States Environmental…
CHAPTER 8. California Environmental Contaminant Biomonitoring Program §§ 105440–105459 · 9 sections
ARTICLE 1. General §§ 105440–105444 · 4 sections
- § 105440 (a) This chapter shall be known, and may be cited, as the California Environmental Contaminant Biomonitoring Program. (b) For the purposes of this chapter, the…
- § 105441 The department, in collaboration with the agency, shall establish the California Environmental Contaminant Biomonitoring Program. The department is the lead…
- § 105443 (a) All participants shall be evaluated for the presence of designated chemicals as a component of the biomonitoring process. Participants shall be provided…
- § 105444 (a) The program shall develop guidelines and model protocols that address the science and practice of biomonitoring to implement this chapter, including, but…
ARTICLE 2. The Scientific Guidance Panel §§ 105448–105451 · 3 sections
- § 105448 (a) In implementing the program, the department and the agency shall establish a Scientific Guidance Panel. The panel shall be composed of nine members, whose…
- § 105449 (a) The panel shall provide scientific peer review and make recommendations regarding the design and implementation of the program, including specific…
- § 105451 (a) As appropriate, the program shall utilize the principles of the agency’s Environmental Justice Strategy and Environmental Justice Action Plan developed…
ARTICLE 3. Fiscal Provisions § 105453 · 1 section
- § 105453 Implementation of this chapter shall be contingent on a specific appropriation being provided for this purpose in the annual Budget Act or other measure.
ARTICLE 4. Reporting § 105459 · 1 section
- § 105459 (a) By January 1, 2010, and every two years thereafter, the department, in collaboration with the agency, the office, and DTSC, shall submit a report to the…
PART 7. URBAN COMMUNITY HEALTH INSTITUTE §§ 106000–106036 · 9 sections
- § 106000 The Urban Community Health Institute: Centers to Eliminate Health Disparities is hereby established at the Charles R. Drew University of Medicine and Science…
- § 106005 (a) The duties of the institute shall include both of the following: (1) Designing and conducting a series of complementary projects to eliminate racial,…
- § 106010 (a) The clinical centers described in Section 106000 shall include the Stroke and Hypertension Center, the Obesity and Nutrition Center, and the HIV/AIDS…
- § 106015 (a) The Stroke and Hypertension Center shall initially work in partnership with the American Heart Association in developing culturally appropriate,…
- § 106020 The Obesity and Nutrition Center shall work in partnership with local elementary and middle schools to conduct culturally appropriate antiobesity, diet,…
- § 106025 The HIV/AIDS Center shall conduct prevention, education, and counseling programs in high-risk populations identified through partnerships between the center…
- § 106030 (a) The shared resource core shall provide administrative, technical, educational, and health information dissemination services to multiple projects…
- § 106035 (a) The President of the Charles R. Drew University of Medicine and Science shall appoint an external advisory committee, composed of nine individuals who are…
- § 106036 This part shall be implemented only to the extent that private or federal funding is received for this purpose.