DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100. - 122476.]
Division 105 added by Stats. 1995, Ch. 415, Sec. 7.
§§ 120100–122476 · 487 sections
PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL §§ 120100–120305 · 52 sections
CHAPTER 1. General Provisions and Definitions §§ 120100–120115 · 4 sections
- § 120100 “Health officer,” as used in the Communicable Disease Prevention and Control Act (Section 27) includes county, city, and district health officers, and city and…
- § 120105 Whenever in the Communicable Disease Prevention and Control Act (Section 27), service or notice of any order or demand is provided for, it shall be sufficient…
- § 120110 As used in the Communicable Disease Prevention and Control Act (Section 27) a person has “active tuberculosis disease” when either one of the following occur:…
- § 120115 As used in the Communicable Disease Prevention and Control Act (Section 27) the following terms have the following meanings, unless the context indicates…
CHAPTER 1.5. COVID-19-Related Public Health Orders or Mandatory Guidance §§ 120120–120123 · 4 sections
- § 120120 As used in this chapter, “COVID-19” means the 2019 novel coronavirus disease.
- § 120121 Notwithstanding any other law, including Sections 120130, 120140, and 120145, when the department issues a statewide order or mandatory guidance related to…
- § 120122 Notwithstanding any other law, including Section 120175, when a local health officer issues a jurisdictionwide local order, not in conflict with state law or…
- § 120123 This chapter shall remain operative while an order or mandatory guidance issued by the department or a local health officer as described in this chapter is in…
CHAPTER 2. Functions and Duties of the State Department of Health Services §§ 120125–120164 · 13 sections
- § 120125 The department shall examine into the causes of communicable disease in man and domestic animals occurring or likely to occur in this state.
- § 120130 (a) The department shall establish a list of reportable diseases and conditions. For each reportable disease and condition, the department shall specify the…
- § 120135 The department may establish and maintain places of quarantine or isolation.
- § 120140 Upon being informed by a health officer of any contagious, infectious, or communicable disease the department may take measures as are necessary to ascertain…
- § 120142 (a) The state director may order examinations for tuberculosis infection in the following persons for the purpose of directing preventive measures: (1) Persons…
- § 120145 The department may quarantine, isolate, inspect, and disinfect persons, animals, houses, rooms, other property, places, cities, or localities, whenever in its…
- § 120150 The department may destroy such objects as bedding, carpets, household goods, furnishings, materials, clothing, or animals, when ordinary means of disinfection…
- § 120155 Pursuant to Section 11158 of the Government Code, the sheriff of each county, or city and county, may enforce within the county, or the city and county, all…
- § 120160 (a) Any manufacturer or distributor of the influenza vaccine, or nonprofit health care service plan that exclusively contracts with a single medical group in a…
- § 120161 If the department receives a report of a case of coccidioidomycosis after the department’s reporting deadline for a specified year, the department shall…
- § 120162 By April 15 of each year, the department shall collect data on coccidioidomycosis cases from both of the following: (a) The California Reportable Disease…
- § 120163 (a) If the department collects data on coccidioidomycosis cases from a local health officer and removes discrepant data from its internal dataset for any…
- § 120164 (a) Consistent with subdivision (b), the list of immunizations, items, and services that were recommended by the United States Preventive Services Task Force…
CHAPTER 3. Functions and Duties of Local Health Officers §§ 120175–120255 · 19 sections
- § 120175 Each health officer knowing or having reason to believe that any case of the diseases made reportable by regulation of the department, or any other contagious,…
- § 120175.5 (a) During an outbreak of a communicable disease, or upon the imminent and proximate threat of a communicable disease outbreak or epidemic that threatens the…
- § 120176 During an outbreak of communicable disease, or upon the imminent and proximate threat of communicable disease outbreak or epidemic that threatens the public’s…
- § 120180 If the health officer of any county having a population of 5,000,000 or more employs personnel as inspectors or investigators in the enforcement of the…
- § 120185 In the case of a local epidemic of disease, the health officer shall report at those times as are requested by the department all facts concerning the disease,…
- § 120190 Each health officer shall immediately report by telegraph or telephone to the department every discovered or known case or suspect case of those diseases…
- § 120195 Each health officer shall enforce all orders, rules, and regulations concerning quarantine or isolation prescribed or directed by the department.
- § 120200 Each health officer, whenever required by the department, shall establish and maintain places of quarantine or isolation that shall be subject to the special…
- § 120205 No quarantine shall be established by a county or city against another county or city without the written consent of the department.
- § 120210 Whenever in the judgment of the department it is necessary for the protection or preservation of the public health, each health officer shall, when directed by…
- § 120215 Upon receiving information of the existence of contagious, infectious, or communicable disease for which the department may from time to time declare the need…
- § 120220 When quarantine or isolation, either strict or modified, is established by a health officer, all persons shall obey his or her rules, orders, and regulations.
- § 120225 A person subject to quarantine or strict isolation, residing or in a quarantined building, house, structure, or other shelter, shall not go beyond the lot…
- § 120230 No instructor, teacher, pupil, or child who resides where any contagious, infectious, or communicable disease exists or has recently existed, that is subject…
- § 120235 No quarantine shall be raised until every exposed room, together with all personal property in the room, has been adequately treated, or, if necessary,…
- § 120240 If, pursuant to Section 120130, a modified isolation order is issued, and the order is not complied with, the local health officer may, in that instance, issue…
- § 120245 Each health officer, other than a county health officer, in the county shall transmit to the county health officer at least weekly in writing a report showing…
- § 120250 All physicians, nurses, clergymen, attendants, owners, proprietors, managers, employees, and persons living with, or visiting any sick person, in any hotel,…
- § 120255 (a) Any electronic tool used by a health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the…
CHAPTER 3.5. Communicable Diseases Exposure Notification Act §§ 120260–120263 · 5 sections
- § 120260 (a) The Legislature finds and declares all of the following: (1) Early knowledge of infection with communicable disease is important in order to permit exposed…
- § 120260.5 The communicable disease testing and notification procedures provided for in this chapter are in addition to the notification to which prehospital emergency…
- § 120261 For the purposes of this chapter, the following definitions apply: (a) “Attending physician of the source patient” means any physician and surgeon licensed…
- § 120262 Notwithstanding Chapter 7 (commencing with Section 120975) or any other law, the blood or other tissue or material of a source patient may be tested, and an…
- § 120263 (a) No health care provider, as defined in this chapter, shall be subject to civil or criminal liability or professional disciplinary action for performing…
CHAPTER 4. Violations §§ 120275–120305 · 7 sections
- § 120275 Any person who, after notice, violates, or who, upon the demand of any health officer, refuses or neglects to conform to, any rule, order, or regulation…
- § 120280 Inasmuch as the orders provided for by Section 121365 are for the protection of the public health, any person who, after service upon him or her of an order of…
- § 120285 Upon any subsequent conviction under the provisions of Section 120280, the court may order the person confined for a period not exceeding one year for the…
- § 120290 (a) (1) A defendant is guilty of intentional transmission of an infectious or communicable disease if all of the following apply: (A) The defendant knows that…
- § 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,…
- § 120300 The district attorney of the county where a violation of Sections 121365 and 120280 may be committed, shall prosecute all those violations and, upon the…
- § 120305 Every person who possesses any intoxicating liquor in or on any public hospital or sanatorium providing for the treatment of tuberculosis or within the…
PART 2. IMMUNIZATIONS §§ 120325–120480 · 46 sections
CHAPTER 1. Educational and Child Care Facility Immunization Requirements §§ 120325–120380 · 16 sections
- § 120325 In enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to…
- § 120330 The department, in consultation with the Department of Education, shall adopt and enforce all regulations necessary to carry out Chapter 1 (commencing with…
- § 120335 (a) As used in this chapter, “governing authority” means the governing board of each school district or the authority of each other private or public…
- § 120336 (a) Pupils in the state are advised, as described in subdivision (b), to adhere to current immunization guidelines, as recommended by the State Department of…
- § 120338 Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section…
- § 120340 A person who has not been fully immunized against one or more of the diseases listed in Section 120335 may be admitted by the governing authority on condition…
- § 120341 (a) The governing authority shall admit a foster child, as defined in subdivision (a) of Section 48853.5 of the Education Code, whose immunization records are…
- § 120345 The immunizations required by Chapter 1 (commencing with Section 120325, but excluding Section 120380) and required by Sections 120400, 120405, 120410, and…
- § 120350 The county health officer of each county shall organize and maintain a program to make immunizations available to all persons required by Chapter 1 (commencing…
- § 120355 Any person or organization administering immunizations shall furnish each person immunized, or his or her parent or guardian, with a written record of…
- § 120360 The requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and of Sections 120400, 120405, 120410, and 120415 shall not apply…
- § 120370 (a) (1) Prior to January 1, 2021, if the parent or guardian files with the governing authority a written statement by a licensed physician and surgeon to the…
- § 120372 (a) (1) By January 1, 2021, the department shall develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide…
- § 120372.05 (a) A medical exemption revoked pursuant to Section 120372 may be appealed by a parent or guardian to the Secretary of California Health and Human Services.…
- § 120375 (a) The governing authority of each school or institution included in Section 120335 shall require documentary proof of each entrant’s immunization status. The…
- § 120380 It is the intent of the Legislature that the administration of immunizing agents by registered nurses in school immunization programs under the direction of a…
CHAPTER 1.1. Meningococcal Disease Strategic Prevention Act of 2001 § 120381 · 1 section
- § 120381 (a) The State Department of Health Services, in consultation with the State Department of Education, local public health agencies, and postsecondary…
CHAPTER 1.5. Immunization of College-Age Students §§ 120390–120390.7 · 4 sections
- § 120390 The department, in consultation with the Trustees of the California State University, the Regents of the University of California, and the Board of Governors…
- § 120390.5 (a) Except as provided in subdivisions (b), (c), and (d), on or after January 1, 2000, the Trustees of the California State University, and the Regents of the…
- § 120390.6 (a) It is the public policy of the state that pupils who are 26 years of age or younger are advised to adhere to current immunization guidelines, as…
- § 120390.7 No provision of this chapter shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate…
CHAPTER 1.6. Influenza and Pneumococcal Immunizations §§ 120392–120393 · 8 sections
- § 120392 For purposes of this chapter, the following definitions apply: (a) “Health care facility” means a skilled nursing facility as defined in subdivision (c) of…
- § 120392.2 (a) Each year, commencing October 1 to the following April 1, inclusive, every health care facility, as defined in subdivision (a) of Section 120392, shall…
- § 120392.3 (a) The department shall provide appropriate flu vaccine to local governmental or private, nonprofit agencies at no charge in order that the agencies may…
- § 120392.4 (a) A resident who receives services at a health care facility during the period of October 1 to April 1 shall have his or her status for influenza and…
- § 120392.6 No person who has been offered the vaccine as required under this chapter may receive either an influenza vaccine or pneumococcal vaccine pursuant to this…
- § 120392.8 (a) Notwithstanding any other provision of this chapter, a health care facility shall not be required to offer immunizations for influenza and pneumococcal…
- § 120392.9 Pursuant to its standardized procedures and if it has the vaccine in its possession, each year, commencing October 1 to the following April 1, inclusive, a…
- § 120393 (a) The State Department of Public Health shall post educational information, in accordance with the latest recommendations adopted pursuant to Section 120164,…
CHAPTER 1.7. Meningococcal Immunization §§ 120395–120399 · 5 sections
- § 120395 (a) The State Department of Public Health shall, no later than April 1, 2010, develop information about meningococcal disease, including information pertaining…
- § 120396 Each degree-granting public postsecondary educational institution that provides on-campus housing in the state shall, beginning with the 2002–03 school year,…
- § 120397 Each degree-granting private postsecondary educational institution that provides on-campus housing in the state shall adopt a policy to notify all incoming…
- § 120398 Each public and private postsecondary educational institution shall maintain the confidentiality of information obtained pursuant to Section 120396 or 120397…
- § 120399 No provision of this chapter shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate…
CHAPTER 2. Department of Health Services Provision of Funds, Immunibiologics, and Access to Immunibiologics §§ 120400–120435 · 8 sections
- § 120400 The department may establish an immunization outreach program.
- § 120405 (a) A local health officer, or consortium of local health officers, may establish permanent, temporary, or mobile sites and programs, for the purpose of…
- § 120410 The population to be targeted by the program shall include children who do not receive immunizations through private third-party sources or other public…
- § 120415 The Health and Welfare Agency may waive state administrative, eligibility, and billing requirements that apply to other public assistance programs through…
- § 120420 The department shall provide financial assistance to county and areawide immunization campaigns under the direction of local health officers for the prevention…
- § 120425 All moneys appropriated to the department for the purposes of this section and Section 120420 shall be made available to local health departments, as defined…
- § 120430 (a) The Legislature finds and declares that 1990 marks one of the worst measles epidemics in recent history and that this epidemic threatens the health and…
- § 120435 The department shall purchase or prepare, and distribute free of cost, under any regulations as may be necessary, anti-rabic virus to be used in the treatment…
CHAPTER 2.5. Disclosure of Immunization Status § 120440 · 1 section
- § 120440 (a) For the purposes of this chapter, the following definitions shall apply: (1) “Health care provider” means any person licensed pursuant to Division 2…
CHAPTER 3. Immunization Reactions § 120455 · 1 section
- § 120455 (a) Notwithstanding any other law, a person shall not be liable for any injury caused by an act or omission in prescribing, dispensing, ordering, furnishing,…
CHAPTER 4. Reports § 120475 · 1 section
- § 120475 On or before March 15 on a biennial basis, the department shall submit a report to the Legislature on all of the following issues: (a) The immunization status…
CHAPTER 5. Vaccine Development § 120480 · 1 section
- § 120480 (a) Funds appropriated in the Budget Act of 1998, and any other appropriations, to the State Department of Health Services for the purpose of valley fever…
PART 3. SEXUALLY TRANSMITTED DISEASE §§ 120500–120750 · 34 sections
CHAPTER 1. Prevention and Control §§ 120500–120605 · 24 sections
- § 120500 As used in the Communicable Disease Prevention and Control Act (Section 27) “venereal diseases” means syphilis, gonorrhea, chancroid, lymphopathia venereum,…
- § 120505 The department shall develop and review plans and provide leadership and consultation for, and participate in, a program for the prevention and control of…
- § 120510 The department shall cooperate in the prevention, control, and cure of venereal diseases with physicians and surgeons; medical schools; public and private…
- § 120511 (a) The department shall allocate funds to local health jurisdictions for sexually transmitted disease prevention and control activities in accordance, to the…
- § 120515 The department shall investigate conditions affecting the prevention and control of venereal diseases and approved procedures for prevention and control, and…
- § 120520 The department shall conduct educational and publicity work as it may deem necessary; and, from time to time, shall cause to be issued, free of charge, copies…
- § 120525 The department may provide medical, advisory, financial, or other assistance to organizations funded pursuant to Section 120511.
- § 120530 The department may furnish treatment for a case or for a group of cases in rural counties or cities upon the recommendation of the local health officer if…
- § 120535 Any state agency conducting a public hospital shall admit acute venereal disease cases, when, in the opinion of the department or the local health officer…
- § 120540 The department may require any physician in attendance on a person infected or suspected of being infected with a venereal disease infection to submit…
- § 120545 The examination may be made in the state laboratory or in a local public health laboratory designated by the department or in a clinical laboratory that is…
- § 120550 Nothing in this chapter limits any person’s freedom to have additional examinations made elsewhere than specified in this chapter.
- § 120555 Every diseased person shall give all information required by this chapter, including the name and address of any person from whom the disease may have been…
- § 120560 Every diseased person shall from time to time submit to approved examinations to determine the condition of the disease.
- § 120565 If any person subject to proper venereal disease control measures discontinues any control procedure required by this chapter, the agency administering the…
- § 120570 If it appears reasonably likely that the person is not complying with the procedure elsewhere, the agency that was administering the procedure prior to the…
- § 120575 It is the duty of the local health officers to use every available means to ascertain the existence of cases of infectious venereal diseases within their…
- § 120580 Notwithstanding any other provision of law, a person employed by a public health department may perform venipuncture or skin puncture for the purpose of…
- § 120582 (a) Notwithstanding any other law, a physician and surgeon who diagnoses a sexually transmitted chlamydia, gonorrhea, or other sexually transmitted infection,…
- § 120585 Local health officers may inspect and quarantine any place or person when the procedure is necessary to enforce the regulations of the board or the department.
- § 120590 It is the duty of the district attorney of the county where a violation of this chapter may occur to prosecute the person accused of the violation.
- § 120595 In any prosecution for a violation of any provision of this chapter, or any rule or regulation of the board made pursuant to this chapter, or in any quarantine…
- § 120600 Any person who refuses to give any information to make any report, to comply with any proper control measure or examination, or to perform any other duty or…
- § 120605 Nothing in this chapter shall be construed to interfere with the freedom of any adherent of teachings of any well-recognized religious sect, denomination, or…
CHAPTER 2. Prenatal Syphilis Tests §§ 120675–120715 · 9 sections
- § 120675 “Approved laboratory” as used in this chapter means a laboratory approved by the department, or any other laboratory whose director is licensed by the…
- § 120680 “Standard laboratory blood test” as used in this chapter means a test for syphilis approved by the department.
- § 120685 (a) Every licensed health care professional engaged in providing prenatal care or attending a birthing patient at the time of delivery, shall provide syphilis…
- § 120690 The blood specimen thus obtained shall be submitted to an approved laboratory for a standard laboratory test for syphilis.
- § 120695 In submitting a specimen to a laboratory the physician shall designate it as a prenatal test or a test following recent delivery.
- § 120700 The laboratory shall submit the laboratory reports of records to the department as are required by regulation of the department. The health officer may destroy…
- § 120705 All laboratory reports are confidential, and are not open to public inspection.
- § 120710 In case of question concerning the accuracy of a test required by this chapter, it is mandatory upon the department to accept specimens for checking purposes…
- § 120715 Any licensed physician and surgeon, or other person engaged in attendance upon a pregnant woman or a recently delivered woman, or any representative of a…
CHAPTER 3. Information on Venereal Disease Materials § 120750 · 1 section
- § 120750 The department shall develop and prepare posters and leaflets that inform the public of venereal disease and make the posters and leaflets available to the…
PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) §§ 120775–121349.3 · 131 sections
CHAPTER 1. Definitions § 120775 · 1 section
- § 120775 As used in this code: (a) “AIDS” means acquired immune deficiency syndrome. (b) “Human immunodeficiency virus” or “HIV” means the etiologic virus of AIDS. (c)…
CHAPTER 1.5. State HIV Prevention and Education Funds §§ 120780–120780.5 · 4 sections
- § 120780 For purposes of this chapter, “public entity” includes the state, a county, city, district, public authority, public agency, and any other political…
- § 120780.1 A public entity that receives General Fund money from the State Department of Public Health for HIV prevention and education may use that money to support…
- § 120780.2 In order to reduce the spread of HIV, hepatitis C, and other potentially deadly bloodborne pathogens, the State Department of Public Health may purchase…
- § 120780.5 (a) Upon an appropriation in the annual Budget Act, the State Department of Public Health shall award funding, on a competitive basis, to community-based…
CHAPTER 2. California Acquired Immune Deficiency Syndrome (AIDS) Program (CAP) §§ 120800–120871 · 15 sections
- § 120800 The intent of the Legislature in enacting this chapter is as follows: (a) To fund specified pilot AIDS education programs. (b) To fund pilot projects to…
- § 120805 (a) The department shall: (1) Additionally, use funds appropriated by Section 6 of Chapter 23 of the Statutes of 1985 for purposes of making reimbursements to…
- § 120815 (a) The department may provide supplemental funding to residential AIDS shelters in accordance with Section 120810, as long as that section is operative, and…
- § 120820 (a) Personal data in any investigations, reports, and information relating thereto shall be kept confidential and be afforded protections provided by Section…
- § 120825 The director shall: (a) Be prepared to report to the Legislature on the amounts and recipients of contracts or block grant awards, and needs assessments…
- § 120830 (a) Pilot projects to demonstrate the cost effectiveness of home health, attendant, or hospice care shall be initiated through a block grant program, as…
- § 120835 (a) The department shall amend the home health, hospice, and attendant care pilot projects funded pursuant to this chapter, to include, to the extent that it…
- § 120840 The State Department of Health Care Services shall establish an AIDS mental health project, as described in this section. (a) The program should include, but…
- § 120845 Pilot programs to reduce the spread of AIDS through residential detoxification and outpatient detoxification and treatment services for intravenous drug users,…
- § 120846 (a) It is the intent of the Legislature to increase the capacity of HIV test sites to screen more individuals by streamlining test site services. (b) Publicly…
- § 120850 The amount of two million three hundred thousand dollars ($2,300,000), appropriated pursuant to Section 2 of Chapter 767 of the Statutes of 1985, shall be…
- § 120855 (a) The department may use funds appropriated to it to pay the costs, including reimbursements to contractors for administrative costs, of providing home and…
- § 120860 (a) The department shall, in coordination with the State Department of Health Care Services, develop a plan that assesses the need for, a program of acquired…
- § 120870 (a) Every person who sells alkyl nitrites shall at the point of sale of the alkyl nitrites, post a sign measuring no less than five by seven inches to read as…
- § 120871 (a) The department shall authorize the establishment of training programs throughout the state for counselors for publicly funded HIV testing programs. These…
CHAPTER 3. Acquired Immune Deficiency Syndrome (AIDS) Information §§ 120875–120895 · 5 sections
- § 120875 The State Department of Education shall provide information to school districts on acquired immune deficiency syndrome (AIDS), on AIDS-related conditions, and…
- § 120880 School districts shall inform their employees annually, or if there is new information, more frequently, of the information compiled by the State Department of…
- § 120885 The Legislature finds and declares it is of great benefit to the public health and essential to the protection of safe blood and blood components available for…
- § 120890 The director shall, in order to protect the public health and in order to make blood and blood components safe for transfusion, designate counties that shall…
- § 120895 (a) Each county, designated by the director, shall make the test available within its jurisdiction without charge, in an accessible manner and the tests shall…
CHAPTER 4. Acquired Immune Deficiency Syndrome (AIDS) Early Intervention Projects §§ 120900–120920 · 6 sections
- § 120900 (a) The director shall award contracts to early intervention projects to provide long-term services to persons infected with HIV. The purposes of the early…
- § 120905 (a) The director shall commence awarding contracts to projects on or before July 1, 1990. In awarding contracts to early intervention projects, the director…
- § 120910 (a) The department shall collect data from the early intervention projects, assess the effectiveness of the different models of early intervention projects.…
- § 120915 (a) The department shall establish a reimbursement schedule for all of the services detailed in subdivision (b) of Section 120900. The amounts to be reimbursed…
- § 120917 (a) An HIV counselor who meets the requirements of subdivision (f) may do all of the following: (1) Perform any HIV, hepatitis C virus (HCV), or other sexually…
- § 120920 The Legislature hereby finds and declares that people with HIV infection may not avail themselves of early intervention services unless they are aware of the…
CHAPTER 5. Provision of Azidothymidine §§ 120925–120935 · 3 sections
- § 120925 The Legislature hereby finds and declares all of the following: (a) The drug azidothymidine (AZT) improves and prolongs the quality of life for those suffering…
- § 120930 It is the intent of the Legislature that the State of California continue to provide temporary funding for the program to ensure that those whose health…
- § 120935 The department shall continue through June 1989, the AZT subsidy program established in 1987 with federal funds. The department shall maintain the eligibility…
CHAPTER 6. Human Immunodeficiency Virus (HIV) Treatment §§ 120950–120971 · 9 sections
- § 120950 The Legislature hereby finds and declares all of the following: (a) State-of-art knowledge regarding treatment of people infected with the human…
- § 120955 (a) (1) To the extent that state and federal funds are appropriated in the annual Budget Act for these purposes, the director shall establish and may…
- § 120956 (a) The AIDS Drug Assistance Program Rebate Fund is hereby created as a special fund in the State Treasury. (b) All rebates collected from drug manufacturers…
- § 120960 (a) The department shall establish uniform standards of financial eligibility for the drugs under the program established under this chapter. (b) Nothing in…
- § 120962 (a) (1) For the purpose of verifying financial eligibility pursuant to Section 120960 and the federal Ryan White HIV/AIDS Treatment Extension Act of 2009 (42…
- § 120966 (a) (1) The program established under this chapter shall make available to any eligible person under this chapter any antiviral drug that is approved by the…
- § 120968 The Office of AIDS shall report to the Legislature no later than October 1, 2000, the status of consumer protections for the AIDS drug program established…
- § 120970 If the department utilizes a contractor or subcontractor to administer any aspect of the program provided for under this chapter, the following additional…
- § 120971 (a) In the event state expenditures for the AIDS Drug Assistance Program (ADAP) are identified by California to be used as a certified public expenditure for…
CHAPTER 6.1. Human Immunodeficiency Virus (HIV) Prevention §§ 120972–120972.2 · 3 sections
- § 120972 (a) To the extent that funds are available for these purposes, the director may establish and administer a program within the department’s Office of AIDS to…
- § 120972.1 (a) To the extent that funds are available for these purposes, the State Department of Public Health, Office of AIDS may allocate funds to local health…
- § 120972.2 (a) The State Department of Public Health’s Office of AIDS may expend moneys from the AIDS Drug Assistance Program Rebate Fund to support prevention services…
CHAPTER 6.2. HIV Care Program §§ 120973–120974 · 3 sections
- § 120973 The following definitions apply for purposes of this chapter: (a) “ADAP” means the AIDS Drug Assistance Program. (b) “HIV Care Program” means the CARE Services…
- § 120973.5 The State Department of Public Health shall apply the same financial eligibility requirements for the purposes of administering the HIV Care Program as those…
- § 120974 This chapter shall become operative on April 1, 2020.
CHAPTER 7. Mandated Blood Testing and Confidentiality to Protect Public Health §§ 120975–121023 · 14 sections
- § 120975 To protect the privacy of individuals who are the subject of testing for human immunodeficiency virus (HIV), the following shall apply: Except as provided in…
- § 120980 (a) Any person who negligently discloses results of an HIV test, as defined in subdivision (c) of Section 120775, to any third party, in a manner that…
- § 120985 (a) (1) Notwithstanding Section 120980, the results of an HIV test that identifies or provides identifying characteristics of the person to whom the test…
- § 120990 (a) Prior to ordering a test that identifies infection of a patient with HIV, a medical care provider shall inform the patient that the test is planned,…
- § 120991 (a) Each patient who has blood drawn at a primary care clinic and who has consented to the HIV test pursuant to Section 120990 shall be offered an HIV test.…
- § 120992 (a) There is hereby created a pilot project, to be administered by the department, in order to assess and make recommendations regarding the effectiveness of…
- § 120995 Actions taken pursuant to Section 1768.9 of the Welfare and Institutions Code shall not be subject to subdivisions (a) to (c), inclusive, of Section 120980. In…
- § 121000 Actions taken pursuant to Title 8 (commencing with Section 7500) of Part 3 of the Penal Code shall not be subject to subdivisions (a) to (c), inclusive, of…
- § 121005 Neither the department nor any blood bank or plasma center, including a blood bank or plasma center owned or operated by a public entity, shall be held liable…
- § 121010 Notwithstanding Section 120975 or 120980, the results of an HIV test, as defined in subdivision (c) of Section 120775, to detect antibodies to the probable…
- § 121015 (a) Notwithstanding Section 120980 or any other provision of law, no physician and surgeon who has the results of a confirmed positive test to detect HIV…
- § 121020 (a) (1) When the subject of an HIV test is not competent to give consent for the test to be performed, written consent for the test may be obtained from the…
- § 121022 (a) To ensure knowledge of current trends in the HIV epidemic and to ensure that California remains competitive for federal HIV and AIDS funding, health care…
- § 121023 (a) Subject to subdivision (b), each clinical laboratory, as defined in Section 1206 of the Business and Professions Code, shall report all CD4+ T-Cell test…
CHAPTER 8. Acquired Immune Deficiency Syndrome (AIDS) Public Health Records Confidentiality Act §§ 121025–121035 · 4 sections
- § 121025 (a) Public health records relating to human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS), containing personally identifying…
- § 121026 (a) Notwithstanding subdivision (f) of Section 120980, Section 121010, subdivision (i) of Section 121022, subdivision (f) of Section 121025, Section 121115,…
- § 121030 (a) To the extent Chapter 7 (commencing with Section 120975) and Chapter 10 (commencing with Section 121075) apply to records or information that would be…
- § 121035 For purposes of this chapter: (a) “Disclosed” or “disclosure” or “discloses” has the same meaning as set forth in subdivision (b) of Section 121125. (b) “State…
CHAPTER 9. Acquired Immune Deficiency Syndrome (AIDS) Public Safety and Testing Disclosure §§ 121050–121070 · 7 sections
- § 121050 The people of the State of California find and declare that AIDS, AIDS-related conditions, and other communicable diseases pose a major threat to the public…
- § 121055 Any defendant charged in any criminal complaint filed with a magistrate or court with any violation of Section 261, 261.5, 262, 266b, 266c, 286, 287, or 288…
- § 121056 (a) Any forensic scientist, including, but not limited to, any criminalist, toxicologist, and forensic pathologist, or any other employee required to handle or…
- § 121060 (a) Any peace officer, firefighter, custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5 of the…
- § 121060.1 (a) For purposes of Section 121060, “bloodborne pathogen exposure” means a percutaneous injury, including, but not limited to, a needle stick or cut with a…
- § 121065 (a) The withdrawal of blood shall be performed in a medically approved manner. Only a physician, registered nurse, licensed vocational nurse, licensed medical…
- § 121070 (a) Any medical personnel employed by, under contract to, or receiving payment from the State of California, any agency thereof, or any county, city, or city…
CHAPTER 10. Acquired Immune Deficiency Syndrome (AIDS) Research Confidentiality Act §§ 121075–121125 · 11 sections
- § 121075 Research records, in a personally identifying form, developed or acquired by any person in the course of conducting research or a research study relating to…
- § 121080 Confidential research records may be disclosed in accordance with the prior written consent of the research subject with respect to whom the research record is…
- § 121085 (a) Confidential research records shall be protected in the course of conducting financial audits or program evaluations, and audit personnel shall not…
- § 121090 Notwithstanding Section 121080, whether or not the research subject, with respect to whom any confidential research record is maintained, gives prior written…
- § 121095 The content of any confidential research record shall be disclosed to the research subject, the legal representative of the research subject if the research…
- § 121100 (a) No confidential research record may be compelled to be produced in any state, county, city or other proceeding in order to initiate or substantiate any…
- § 121105 Prior to participation of an individual in a research study relating to HIV or AIDS, both of the following requirements shall be met: (a) The informed consent…
- § 121110 (a) Any person who negligently discloses the content of any confidential research record, as defined in subdivision (c) of Section 121125, to any third party,…
- § 121115 In the event that the participation of an individual in a research study is disclosed, the information shall not be used to determine the employability or…
- § 121120 Nothing in this chapter shall preclude disclosure of information in order to further research efforts, including, but not limited to, the publication,…
- § 121125 For purposes of this chapter: (a) “AIDS” means acquired immunodeficiency syndrome. (b) “Disclosed” means to disclose, release, transfer, disseminate, or…
CHAPTER 11. Acquired Immune Deficiency Syndrome (AIDS) Research and Workshop Grants §§ 121150–121180 · 7 sections
- § 121150 The Legislature hereby finds and declares that the department, working with the California AIDS Leadership Committee, has developed a draft state AIDS plan for…
- § 121155 (a) There is hereby created in the state department an AIDS Advisory Committee. The membership of the committee shall be composed of eight members who have…
- § 121160 The members of the AIDS Advisory Committee shall serve at the pleasure of the appointing powers. The members shall serve without compensation, but shall be…
- § 121165 The committee may establish rules or criteria for grants under this chapter as it deems necessary. Pursuant to the rules or criteria, the committee may review…
- § 121170 The director may award grants from any funds that may be made available for the purposes of this chapter to individuals, organizations, or facilities for…
- § 121175 The department may do all of the following: (a) Accept any federal funds provided for any of the purposes of this chapter. (b) Accept any gift, donation,…
- § 121180 Not more than 10 percent of any money appropriated for purposes of this chapter shall be utilized for the administration of this chapter.
CHAPTER 12. Acquired Immune Deficiency Syndrome (AIDS) Vaccine Research and Development Grant Program §§ 121200–121225 · 2 sections
- § 121200 The Legislature finds and declares all of the following: (a) Over the past five years AIDS has reached an epidemic stage and is estimated to affect 30,000…
- § 121225 If a California manufacturer that is a grant recipient sells, delivers, or distributes an AIDS vaccine that has received FDA approval for use by the general…
CHAPTER 13. Acquired Immune Deficiency Syndrome (AIDS) Immunization §§ 121250–121281 · 8 sections
- § 121250 The Legislature finds and declares all of the following: (a) The rapidly spreading AIDS epidemic poses an unprecedented major public health crisis in…
- § 121255 The Legislature further finds and declares all of the following: (a) Acquired immune deficiency syndrome (AIDS) is caused by the virus human T-cell…
- § 121260 The Legislature further finds and declares all of the following: (a) The average cost per patient in the treatment of AIDS until death is now one hundred fifty…
- § 121265 “State,” as used in this chapter, has the same meaning as set forth in Section 900.6 of the Government Code.
- § 121270 (a) There is hereby created the AIDS Vaccine Victims Compensation Fund. (b) For the purposes of this section, the following definitions apply: (1) “AIDS…
- § 121275 (a) Because the development of a vaccine now costs somewhere between twenty million dollars ($20,000,000) and forty million dollars ($40,000,000), and because…
- § 121280 (a) In enacting this section the Legislature finds and declares: (1) It is in the interest of the people of California to develop a vaccine that will prevent…
- § 121281 In order to assist pharmacists and pharmacy personnel in the education of consumers who are at risk of bloodborne infections regarding methods and…
CHAPTER 13.6. Public Health Demonstration Projects §§ 121287–121289 · 3 sections
- § 121287 (a) There are hereby established public health demonstration projects to allow for innovative, evidence-based approaches to provide outreach, HIV and hepatitis…
- § 121288 Upon an appropriation for this purpose in the annual Budget Act, the department shall award funding, on a competitive basis, to a community-based organization…
- § 121289 Each demonstration project shall prepare and disseminate information regarding best practices for, and the lessons learned regarding, providing outreach and…
CHAPTER 13.7. Statewide African-American Initiative §§ 121290–121290.9 · 8 sections
- § 121290 (a) There is hereby established the Statewide African-American Initiative to address the disproportionate impact of HIV/AIDS on the health of African-Americans…
- § 121290.1 The initiative shall sponsor and conduct an annual Summit on African-Americans and HIV. The summit shall be funded solely by private funds. The summit shall do…
- § 121290.2 The initiative shall have all of the following responsibilities: (a) To design and conduct a series of complementary projects to implement policy and planning…
- § 121290.4 The initiative shall employ all of the following strategies to achieve its objectives: (a) Serve as a community resource for technical assistance and training…
- § 121290.5 (a) The initiative shall establish a central coordinating body to provide administrative, technical, educational, and health information dissemination services…
- § 121290.7 The Office of AIDS shall appoint an internal advisory committee composed of the office’s African-American HIV specialist, a section head from the office, and a…
- § 121290.8 There is hereby established the Statewide African-American HIV/AIDS Steering Committee. The committee shall be appointed by the Office of AIDS and shall…
- § 121290.9 The requirements of this chapter shall be implemented only after the Department of Finance makes a determination that nonstate funds in an amount sufficient to…
CHAPTER 13.8. HIV and Aging Demonstration Projects § 121295 · 1 section
- § 121295 (a) The State Department of Public Health, in consultation with the California Department of Aging, shall establish a program for demonstration projects to…
CHAPTER 14. Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection §§ 121300–121335 · 8 sections
- § 121300 The Legislature finds and declares all of the following: (a) Nearly 90 percent of the cases of pediatric AIDS in the United States occur as a result of…
- § 121305 For the purposes of this chapter, the following definitions apply: (a) “AIDS” means acquired immune deficiency syndrome. (b) “An HIV-positive individual” means…
- § 121310 A manufacturer, research institution, or researcher shall, prior to the administration of an AIDS vaccine to a research subject, obtain that woman’s informed…
- § 121315 (a) A manufacturer, research institution, or researcher shall not be strictly liable for personal injury or wrongful death resulting from the administration of…
- § 121320 No person shall be denied the opportunity to be a research subject because of the inability to pay for medical treatment.
- § 121325 There is hereby created the AIDS Vaccine Clinical Trial Grant Award for the Prevention of Maternal Transmission of HIV Infection. Moneys within the AIDS…
- § 121330 If a manufacturer that is a grant recipient sells, delivers, or distributes an AIDS vaccine that has received FDA approval for use by the general population…
- § 121335 It is the intent of the Legislature for the department to make every effort possible to insure a comprehensive and diverse expert representation on the…
CHAPTER 15. HIV Reporting Systems § 121340 · 1 section
- § 121340 (a) The State Department of Health Services, in consultation with the California Conference of Local Health Officers, the California Medical Association, HIV…
CHAPTER 16. Therapeutic Monitoring Program § 121345 · 1 section
- § 121345 (a) The Legislature finds and declares that therapeutic monitoring is necessary to make appropriate life-prolonging and cost-effective treatment decisions in…
CHAPTER 17. Pre- and Post-Exposure Prophylaxis §§ 121348–121348.4 · 3 sections
- § 121348 (a) The department, through its Office of AIDS, shall appoint and convene a task force to develop recommendations for the use of post-exposure prophylaxis…
- § 121348.2 (a) The task force shall consist of no more than 10 members, including, but not be limited to, representatives with PEP experience from all of the following:…
- § 121348.4 Upon an appropriation in the annual Budget Act, the State Department of Public Health shall establish the Pre-Exposure Prophylaxis (PrEP) Navigator Services…
CHAPTER 18. Clean Needle and Syringe Exchange Program §§ 121349–121349.3 · 4 sections
- § 121349 (a) The Legislature finds and declares that scientific data from needle exchange programs in the United States and in Europe have shown that the exchange of…
- § 121349.1 The State Department of Public Health or a city, county, or a city and county with or without a health department, that acts to authorize a clean needle and…
- § 121349.2 Local government, local health officials, and law enforcement shall be given the opportunity to comment on clean needle and syringe exchange programs on a…
- § 121349.3 The health officer of the participating jurisdiction shall present biennially at an open meeting of the board of supervisors or city council a report detailing…
PART 5. TUBERCULOSIS §§ 121350–121560 · 44 sections
CHAPTER 1. Tuberculosis Control §§ 121350–121460 · 26 sections
- § 121350 The department shall maintain a program for the control of tuberculosis. The department shall administer the funds made available by the state for the care of…
- § 121355 Notwithstanding any other provision of this chapter a county that has elected to come under Section 14150.1 of the Welfare and Institutions Code shall not…
- § 121357 The state department shall be the lead agency for all tuberculosis control and prevention activities at the state level.
- § 121358 (a) Notwithstanding any other provision of law, individuals housed or detained through the tuberculosis control, housing, and detention program shall not…
- § 121360 Pulmonary tuberculosis is an infectious and communicable disease, dangerous to the public health, and all proper expenditures that may be made by any county,…
- § 121360.5 (a) Any city or county health department that elects to participate in this program shall provide for one-year certification of tuberculin skin test…
- § 121361 (a) (1) A health facility, local detention facility, or state correctional institution shall not discharge or release any of the following persons unless…
- § 121362 Each health care provider who treats a person for active tuberculosis disease, each person in charge of a health facility, or each person in charge of a clinic…
- § 121363 Each health care provider who treats a person for active tuberculosis disease shall examine, or cause to be examined, all household contacts or shall refer…
- § 121364 (a) Within the territory under his or her jurisdiction, each local health officer may order examinations for tuberculosis infection for the purposes of…
- § 121365 Each local health officer is hereby directed to use every available means to ascertain the existence of, and immediately investigate all reported or suspected…
- § 121366 The local health officer may detain in a hospital or other appropriate place for examination or treatment, a person who is the subject of an order of detention…
- § 121367 (a) An order of a local health officer pursuant to Section 121365 shall set forth all of the following: (1) The legal authority under which the order is…
- § 121368 Notwithstanding any inconsistent provision of Section 121365, 121366 or 121367, all of the following shall apply: (a) A person who is detained solely pursuant…
- § 121369 For purposes of Sections 121365, 121366, and 121367, all of the following shall apply: (a) If necessary, language interpreters and persons skilled in…
- § 121370 No examination or inspection shall be required of any person who depends exclusively on prayer for healing in accordance with the teachings of any well…
- § 121375 The department may inspect and have access to all records of all institutions and clinics, both public and private, where tuberculosis patients are treated.
- § 121380 The department may advise officers of state educational, correctional, and medical institutions regarding the control of tuberculosis and the care of…
- § 121390 The department shall lease any facilities it deems necessary to care for persons afflicted with active contagious tuberculosis who violate the quarantine or…
- § 121395 Whenever any person confined in any state institution, as provided in Section 120280, subject to the jurisdiction of the Director of Corrections, dies, and any…
- § 121400 If the place of confinement of a person confined under the provisions of Section 120280 is in a county other than the county where he or she was convicted,…
- § 121450 The department may distribute for the purpose of tuberculosis control an annual subvention, paid quarterly, to any local health department that maintains a…
- § 121451 A local entity that receives funding from the state for the purposes of this part, including, but not limited to, funding from the state for tuberculosis…
- § 121452 A local health department or local health officer that receives funding from the state for tuberculosis control pursuant to Item 4265-111-0001 of Section 2.00…
- § 121455 The department may establish standards and procedures for the operation of local tuberculosis control programs. Such standards shall include, but not be…
- § 121460 Of the annual appropriation made to the department for tuberculosis control, the department may expend a sum not to exceed 7.5 percent of the total, for…
CHAPTER 2. Tuberculosis Tests for Pupils §§ 121475–121520 · 10 sections
- § 121475 In enacting this chapter, it is the intent of the Legislature to provide: (a) A means for the eventual elimination of tuberculosis. (b) Persons required to be…
- § 121480 As used in this chapter, the following terms shall have the following meanings: (a) “Governing authority” means the governing board of each school district or…
- § 121485 (a) If the local health officer determines that persons seeking first admission to any private or public elementary or secondary school or institution are…
- § 121490 The examination shall consist of either an approved intradermal tuberculin skin test or any other test for tuberculosis infection that has been recommended by…
- § 121495 (a) A person subject to an order made pursuant to subdivision (a) of Section 121485 who does not have on file the certificate required by this chapter may be…
- § 121500 The examinations required by this chapter may be administered by any private or public source desired.
- § 121505 The certificate shall not be required for a person who is subject to an order made pursuant to subdivision (a) of Section 121485, if the parent, guardian, or…
- § 121510 Any person or organization administering tuberculosis examinations shall furnish each person examined, or his or her parent or guardian, as appropriate, with a…
- § 121515 The governing authority shall cooperate with the local health officer in carrying out any programs ordered by the local health officer for the tuberculosis…
- § 121520 The department, in consultation with the State Department of Education, shall adopt and enforce all rules and regulations necessary to carry out this chapter.
CHAPTER 3. Tuberculosis Tests for Employees §§ 121525–121555 · 7 sections
- § 121525 (a) Except as provided in Section 121555, a person shall not be initially employed, or employed under contract, by a private or parochial elementary or…
- § 121530 The examination shall consist of either an approved intradermal tuberculin test or any other test for tuberculosis infection that has been recommended by the…
- § 121535 The X-ray may be taken by a competent and qualified X-ray technician if the X-ray is subsequently interpreted by a licensed physician and surgeon.
- § 121540 The school shall maintain a file containing an up-to-date certificate for each person covered by this chapter. It shall be the duty of the county health…
- § 121545 (a) A volunteer in a school subject to this chapter shall also be required to have on file with the school a certificate showing that, upon initial volunteer…
- § 121550 Nothing in this chapter shall prevent the school from requiring more extensive or more frequent examinations.
- § 121555 (a) A person who transfers his or her employment from one of the schools specified in subdivision (a) of Section 121525 to another shall be deemed to meet the…
CHAPTER 4. Tuberculosis Tests for Adults in Primary Care Settings § 121560 · 1 section
- § 121560 (a) A patient who is 18 years of age or older and who receives health care services in a facility, clinic, center, office, or other setting, where primary care…
PART 6. VETERINARY PUBLIC HEALTH AND SAFETY §§ 121575–122395.2 · 166 sections
CHAPTER 1. Rabies Control §§ 121575–121710 · 27 sections
- § 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…
- § 121580 “Quarantine,” as used in this chapter, means the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or paddock,…
- § 121585 “Rabies area” shall mean any area not less than a county as determined by the director within a region where the existence of rabies constitutes a public…
- § 121595 Whenever any case of rabies is reported as existing in any county or city, the department shall make, or cause to be made, a preliminary investigation as to…
- § 121600 If upon the investigation the department finds that rabies exists, a quarantine shall be declared against all animals as are designated in the quarantine…
- § 121605 Following the order of quarantine the department shall make or cause to be made a thorough investigation as to the extent of the disease, the probable number…
- § 121610 The department may substitute for the quarantine order regulations as may be deemed adequate for the control of the disease in each area.
- § 121615 All peace officers and boards of health shall carry out the provisions of this chapter.
- § 121620 During the period for which any quarantine order is in force any officer may kill or in his or her discretion capture and hold for further action by the…
- § 121625 Any proper official within the meaning of this chapter may examine and enter upon all private premises for the enforcement of this chapter.
- § 121630 Except as provided in Sections 121705 and 121710, every person who possesses or holds any animal in violation of the provisions of this chapter is guilty of an…
- § 121635 For the purpose of providing funds to pay expenses incurred in connection with the eradication of rabies, the rabies treatment and eradication fund is…
- § 121640 All money collected for dog license taxes shall be deposited to the credit of this fund with the treasurer of the county or city; but funds now collected from…
- § 121645 Upon the determination by the department that rabies exists in any county or city, a special dog license tax shall immediately become effective, unless a dog…
- § 121650 This tax shall be levied as follows: An annual tax of one dollar and fifty cents ($1.50) for each male, two dollars and fifty cents ($2.50) for each female,…
- § 121655 After this dog license tax has been established in a county or city, it shall be continued in force until an order has been issued by the department declaring…
- § 121660 One half of all fines collected by any court or judge for violations of this chapter shall be placed to the credit of the rabies treatment and eradication fund…
- § 121665 Whenever it becomes necessary in the judgment of the department, to enforce this chapter in any county or city, the department may institute special measures…
- § 121670 All expenditures incurred in enforcing the special measures shall be proper charges against the special fund referred to in this chapter, and shall be paid as…
- § 121675 All expenditures in excess of the balance of money in this fund shall likewise be paid as they accrue from the general fund. All money thus expended from the…
- § 121680 Notwithstanding any other provision of this chapter a guide dog serving a blind master shall not be quarantined, in the absence of evidence that he or she has…
- § 121685 Notwithstanding any other provision of this chapter, a dog used by any state, county, city, or city and county law enforcement agency shall not be quarantined…
- § 121690 In rabies areas, all of the following shall apply: (a) Every owner of a dog, after the dog attains the age of four months, shall no less than once every two…
- § 121695 Nothing in this chapter and Section 120435 is intended or shall be construed to limit the power of any city, city and county, or county in its authority in the…
- § 121700 Rabies vaccines for animal use shall not be supplied to other than a veterinary biologic supply firm, a person licensed to practice veterinary medicine under…
- § 121705 Any person who willfully conceals information about the location or ownership of an animal subject to rabies, that has bitten or otherwise exposed a person to…
- § 121710 Any person who, after notice, violates any order of a local health officer concerning the isolation or quarantine of an animal of a species subject to rabies,…
CHAPTER 2. Avian Zoonosis Control §§ 121745–121765 · 3 sections
- § 121745 (a) Whenever the director finds that psittacosis, or any other diseases transmissible to man from pet birds, have become a public health hazard to the extent…
- § 121760 The violation of any of the provisions of this chapter shall constitute a misdemeanor.
- § 121765 This chapter shall apply to all shell parakeets or budgerigars.
CHAPTER 3. Importation of Wild Animals §§ 121775–121870 · 16 sections
ARTICLE 1. General §§ 121775–121800 · 6 sections
- § 121775 As used in this chapter, “wild animal” refers to any animal of the class Aves (birds) or class Mammalia (mammals) that either is not normally domesticated in…
- § 121780 As used in this chapter, “enforcement officer” means any officer, employee, or agent of the department, local health officer, or of any state or local agency…
- § 121785 The department may enter into agreement with any state or local agency for the enforcement of Article 3 (commencing with Section 121850) of this chapter.
- § 121790 The department shall publish from time to time a list of animals that may not be imported into this state except by permit from the department. Unless a permit…
- § 121795 The department may adopt regulations governing the entry, quarantine, or release from quarantine, of any and all wild animals imported into this state pursuant…
- § 121800 The violation of any provision of this chapter shall be a misdemeanor.
ARTICLE 2. Permits §§ 121825–121845 · 5 sections
- § 121825 The department may issue a written permit to import into this state any wild animal specified by the department pursuant to Section 121790, upon determination…
- § 121830 A permit shall be issued only upon written application from the person desiring to import the species, enumerating all of the following: (a) The number and…
- § 121835 Each permit issued shall set forth the following: (a) The number and true scientific name of the species of wild animal for which the permit is granted. (b) A…
- § 121840 Whenever any permit is issued under provisions of this article, one copy shall be sent by the department to the local health officer of the county where the…
- § 121845 The department shall charge a fee for the issuance of the import permit provided for under Section 121825. The department shall provide by regulation the…
ARTICLE 3. Regulation and Enforcement §§ 121850–121870 · 5 sections
- § 121850 Any person who imports, transports into the state, or receives, any live wild animal enumerated in or designated pursuant to Section 121790, shall hold the…
- § 121855 If, during inspection upon arrival any wild animal is found to be diseased, or there is reason to suspect the presence of disease that will or may endanger the…
- § 121860 Whenever any wild animal brought into this state under permit is quarantined as provided in this chapter, the species shall not be released from quarantine…
- § 121865 Any live wild animal brought into this state in violation of the provisions of this chapter or any regulations thereunder may, upon notice from the enforcing…
- § 121870 This chapter, or any regulations adopted pursuant thereto, shall not authorize the importation, transportation, or possession of any live wild animals…
CHAPTER 4. Animal Control §§ 121875–121945 · 24 sections
- § 121875 This chapter may be cited as “The Dog Act of 1969.”
- § 121880 For the purposes of this chapter, “sentry dog” means a dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons…
- § 121881 For purposes of this chapter, “guard dog” or “attack dog” means any dog trained to guard, protect, patrol, or defend any premises, area, or yard, or any dog…
- § 121885 For the purposes of this chapter, “narcotic detection dog” means a dog trained to locate narcotics by scent.
- § 121890 For purposes of this chapter, “tracker dog” means a dog trained to work with a handler in searching facilities for burglary suspects and other intruders.
- § 121895 For the purposes of this chapter, “sentry dog company” means any person who agrees to furnish trained sentry, attack, or narcotic detection dogs for hire.
- § 121896 For purposes of this chapter, “trainer” means any person who engages in the practice of training any attack, guard, or sentry dog.
- § 121900 For the purposes of this chapter “dog handler” means any person trained in the handling of dogs whose training includes the care, feeding, and maintenance of…
- § 121905 For the purposes of this chapter “hire” shall include, but not be limited to, the renting or leasing of the services of a dog with or without a dog handler, or…
- § 121906 “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
- § 121907 “Owner” means any person who has purchased, or obtained legal custody of, an attack, guard, or sentry dog.
- § 121910 Each sentry dog company shall register each dog subject to this chapter that it handles with the local law enforcement agency and with the state, city, county,…
- § 121915 Each sentry dog company that handles a dog subject to this chapter shall notify the appropriate local law enforcement agency and the appropriate fire…
- § 121916 (a) Any person or owner of an attack, guard, or sentry dog that operates or maintains a business to sell, rent, or train an attack, guard, or sentry dog shall…
- § 121917 (a) An applicant, when applying for a permit pursuant to Section 121916, shall furnish the local public agency with a list of the types of animals to be kept…
- § 121918 For the protection and welfare of any dog under this chapter, the local public agency may adopt an ordinance to require or prohibit any of the following: (a)…
- § 121919 The local public agency may suspend or revoke a permit issued under this chapter if the local public agency determines that the permittee has done any of the…
- § 121920 (a) The owner or trainer of any attack, guard, or sentry dog shall ensure that the dog has been microchipped and the owner’s identification has been entered…
- § 121921 No person shall sell, give away, or let for hire any guard, attack, or sentry dog unless the following requirements have been met: (a) The dog has been…
- § 121925 Whenever a dog subject to this chapter is being transported anywhere, it shall be well secured in a humane manner as will reasonably prevent its possible…
- § 121930 Each dog subject to this chapter shall, wherever and whenever the dog is kept when on actual duty, be visited by a dog handler at least once every 12 hours to…
- § 121935 (a) No person shall take a sentry dog or a tracker or attack dog into, or keep a sentry dog or a tracker or attack dog in, any portion of any business…
- § 121940 (a) Except as otherwise specified in this chapter, any person violating any provision of this chapter, other than Section 121945, shall be subject to a civil…
- § 121945 In lieu of the civil penalties imposed pursuant to Section 121940, any person or owner who violates this chapter shall be subject to a civil penalty of up to…
CHAPTER 5. Sale of Dogs and Cats §§ 122045–122319.5 · 52 sections
ARTICLE 1. Sale of Dogs by Breeders §§ 122045–122110 · 15 sections
- § 122045 (a) This article shall be known and may be cited as the Polanco-Lockyer Pet Breeder Warranty Act. (b) Every breeder of dogs shall comply with this article. As…
- § 122050 (a) Every breeder of dogs shall deliver to each purchaser of a dog a written disclosure containing all of the following: (1) The breeder’s name and address. If…
- § 122055 A breeder shall maintain a written record on the health, status, and disposition of each dog for a period of not less than one year after disposition of the…
- § 122060 Except as provided for in paragraph (6) of subdivision (a) of Section 122050, no breeder shall knowingly sell a dog that is diseased, ill or has a condition,…
- § 122065 It shall be unlawful for a breeder to fail to do any of the following: (a) Maintain facilities where the dogs are kept in a sanitary condition. (b) Provide…
- § 122065.5 It shall be unlawful for a breeder to primarily house a dog on wire flooring.
- § 122070 (a) If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of a dog following the sale by a…
- § 122075 (a) There shall be a rebuttable presumption that an illness existed at the time of sale if the animal dies within 15 days of delivery to the purchaser. (b) For…
- § 122080 To obtain the remedies provided for in Section 122070, the purchaser shall substantially comply with all of the following requirements: (a) Notify the breeder…
- § 122085 No refund, replacement, or reimbursement of veterinary fees shall be made under Section 122070 if any of the following conditions exist: (a) The illness,…
- § 122090 (a) The veterinarian’s statement pursuant to Section 122070 shall contain all of the following information: (1) The purchaser’s name and address. (2) The date…
- § 122095 (a) In the event that a breeder wishes to contest a demand for any of the remedies specified in Section 122070, the breeder may, except in the case of the…
- § 122100 Every breeder that sells a dog shall provide the purchaser at the time of sale, and a prospective purchaser upon request, with a written notice of rights,…
- § 122105 Nothing in this article shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law. Nor shall this article in…
- § 122110 (a) Except as otherwise specified herein, any person violating any provision of this article other than Section 122060 shall be subject to civil penalty of up…
ARTICLE 2. Retail Sale of Dogs and Cats §§ 122125–122220 · 22 sections
- § 122125 (a) This article shall be known and may be cited as the Lockyer-Polanco-Farr Pet Protection Act. (b) Every pet dealer of dogs and cats shall conform to the…
- § 122130 Every pet dealer receiving dogs or cats from a common carrier shall transport, or have transported, dogs and cats from the carrier’s premises within four hours…
- § 122135 All dogs or cats received by a retail dealer shall, prior to being placed with other dogs or cats, be examined for sickness. Any dog or cat found to be…
- § 122137 (a) (1) It is the intent of the Legislature and the purpose of this section to inform consumers who purchase dogs and cats from retail pet dealers about the…
- § 122140 Every pet dealer shall deliver to the purchaser of each dog and cat at the time of sale a written statement in a standardized form prescribed by the Department…
- § 122145 A pet dealer shall maintain a written record on the health, status, and disposition of each dog and each cat for a period of not less than one year after…
- § 122150 (a) Except as otherwise specified herein, any person violating any provision of this article other than Section 122205 shall be subject to a civil penalty of…
- § 122155 (a) It shall be unlawful for a pet dealer to fail to do any of the following: (1) Maintain facilities where the dogs are kept in a sanitary condition. (2)…
- § 122160 (a) If a licensed veterinarian states in writing that within 15 days after the purchaser has taken physical possession of the dog after the sale by a pet…
- § 122165 (a) There shall be a rebuttable presumption that an illness existed at the time of sale if the animal dies within 15 days of delivery to the purchaser. (b) For…
- § 122170 To obtain the remedies provided for in Section 122160, the purchaser shall substantially comply with all of the following requirements: (a) Notify the pet…
- § 122175 Notwithstanding Section 122160, no refund, replacement, or reimbursement of veterinary fees shall be made if any of the following conditions exist: (a) The…
- § 122180 (a) The veterinarian’s statement pursuant to Section 122160 shall contain the following information: (1) The purchaser’s name and address. (2) The date or…
- § 122185 (a) In the event that a pet dealer wishes to contest a demand for any of the remedies specified in Section 122160, the dealer may, except in the case of the…
- § 122190 Every pet dealer that sells a dog shall provide the purchaser at the time of sale, and a prospective purchaser upon request, with a written notice of rights,…
- § 122191 (a) For the purposes of this section, “online pet retailer” means a person engaged in the business of selling dogs, cats, or rabbits, at retail, online through…
- § 122195 Nothing in this article shall in any way limit the rights or remedies that are otherwise available to a consumer under any other law. Nor shall this article in…
- § 122200 (a) A pet dealer shall not state, promise, or represent to the purchaser, directly or indirectly, that a dog is registered or capable of being registered with…
- § 122205 Except as provided for in subparagraph (B) of paragraph (6) of subdivision (b) of Section 122140, no pet dealer shall knowingly sell a dog that is diseased,…
- § 122210 (a) No dog may be offered for sale by a pet dealer to a purchaser until the dog has been examined by a veterinarian licensed in this state. Each dog shall be…
- § 122215 Every retail dealer shall post conspicuously on the cage of each dog offered for sale a notice indicating the state where the dog was bred and brokered.
- § 122220 (a) Every pet dealer shall post conspicuously within close proximity to the cages of dogs offered for sale, a notice containing the following language in…
ARTICLE 2.5. Sale of Dogs, Cats, and Rabbits §§ 122225–122231 · 7 sections
- § 122225 For purposes of this article, the following definitions apply: (a) “Pet dealer” has the same meaning as Section 122125. (b) “Public animal control agency or…
- § 122226 A person, pet dealer, or business that sells a dog, cat, or rabbit to a purchaser located in California shall provide a written notice to the purchaser or…
- § 122227 (a) A contract entered into on or after January 1, 2026, to transfer ownership of a dog, cat, or rabbit to a purchaser that is offered, negotiated, brokered,…
- § 122228 (a) A person, pet dealer, or business shall not offer a contract that contains a term that violates Section 122226 or 122227. (b) A person, pet dealer, or…
- § 122229 This article does not limit a contract for the transfer of ownership of an animal to or by a governmental agency or the transfer of ownership of a guide,…
- § 122230 This article does not apply to a public animal control agency or shelter.
- § 122231 Nothing in this article shall be construed as amending the requirements of Article 1, 2, 3, or 4 of this chapter.
ARTICLE 3. Dog Pedigree Registries §§ 122300–122315 · 4 sections
- § 122300 For purposes of this article: (a) “Dog dealer” means any person, firm, partnership, corporation, or other association that engages in the acquisition of dogs…
- § 122305 Every dog dealer that sells registered dogs or that claims that the dogs being sold are registered or are registerable with a dog pedigree registry shall post…
- § 122310 (a) For every dog sold by a dog dealer or dog breeder that is sold with any representation that the dog is registered or registerable with a dog pedigree…
- § 122315 (a) Any dog dealer or dog breeder who fails to comply with the disclosure requirements in Section 122305 or 122310, as the case may be, shall be liable to the…
ARTICLE 4. Emotional Support Animals §§ 122317–122319.5 · 4 sections
- § 122317 (a) A person or business that sells or provides a dog for use as an emotional support dog shall provide a written notice to the buyer or recipient of the dog…
- § 122318 (a) A health care practitioner shall not provide documentation relating to an individual’s need for an emotional support dog unless the health care…
- § 122319 (a) (1) A violation of either of the following shall be subject to a civil penalty of five hundred dollars ($500) for the first violation, one thousand dollars…
- § 122319.5 For purposes of this article, the following definitions apply: (a) “Emotional support animal” means an animal that provides emotional, cognitive, or other…
CHAPTER 6. Sale of Birds §§ 122320–122324 · 5 sections
- § 122320 As used in this chapter: (a) “Bird” means any order of Psittaciformes bird. (b) “Bird mart” means an event at which two or more persons offer birds for sale or…
- § 122321 (a) A pet shop with five or fewer employees may not possess an unweaned bird unless the pet shop employs at least one person per pet shop location who has…
- § 122322 (a) Any person violating any provision of this chapter shall be subject to a civil penalty of up to one thousand dollars ($1,000) per violation. The action may…
- § 122323 This chapter does not apply to publicly operated animal shelters and humane societies.
- § 122324 This chapter shall become operative on September 1, 2004.
CHAPTER 7. Spay/Neuter and Breeding Programs for Animals §§ 122330–122331 · 2 sections
- § 122330 The Legislature finds and declares all of the following: (a) Uncontrolled and irresponsible breeding of animals contributes to pet overpopulation, inhumane…
- § 122331 (a) Cities and counties may enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that…
CHAPTER 8. Dog Tethering § 122335 · 1 section
- § 122335 (a) For purposes of this chapter, the following terms shall have the following definitions: (1) “Animal control” means the municipal or county animal control…
CHAPTER 9. Pet Store Animal Care §§ 122350–122361 · 13 sections
- § 122350 As used in this act, the following definitions apply: (a) “Adequate space” means sufficient height and sufficient floorspace for the animals to stand up, sit…
- § 122351 Each pet store operator shall be responsible for all of the following: (a) Maintaining the entire pet store facility in good repair. (b) Restricting the entry…
- § 122352 (a) Primary enclosures shall comply with all of the following structural standards: (1) Primary and temporary enclosures shall be structurally sound and…
- § 122353 (a) When a primary or temporary enclosure is being cleaned in a manner, or with a substance, that is or may be harmful to the animals within the enclosure,…
- § 122354 (a) The pet store operator or at least one of his or her employees shall be present in the store at least once daily, regardless of whether the store is open,…
- § 122354.5 (a) A pet store shall not adopt out, sell, or offer for sale a dog, cat, or rabbit. This section does not prevent a pet store from providing space to display…
- § 122355 (a) Each pet store operator shall ensure that records of all veterinary visits to the pet store are documented in writing. Veterinary treatment records shall…
- § 122356 (a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations…
- § 122357 A pet store operator who violates any provision of this chapter that is not specified in subdivision (a) of Section 122356 and is not proscribed by Section…
- § 122358 An infraction is punishable by a fine not to exceed two hundred fifty dollars ($250) per violation. A misdemeanor is punishable by a fine not to exceed one…
- § 122359 (a) Except as otherwise provided in Section 599 of the Penal Code, a pet store shall not offer any live animal as a prize or give away any animal as an…
- § 122360 (a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the…
- § 122361 This chapter shall become operative on January 1, 2009.
CHAPTER 9.5. Prohibition of Animal Sales by Broker §§ 122365–122365.1 · 2 sections
- § 122365 For purposes of this chapter, all of the following terms have the following meanings: (a) “Animal rescue group” means any not-for-profit organization that has…
- § 122365.1 (a) A broker shall not make available for adoption, sell, or offer for sale a dog under one year of age, a cat, or a rabbit. (b) This chapter shall not apply…
CHAPTER 10. Sale of Animals at Swap Meets §§ 122370–122374 · 5 sections
- § 122370 A swap meet operator may permit a vendor to offer animals for sale at a swap meet provided the local jurisdiction has adopted standards for the care and…
- § 122371 Any ordinance adopted pursuant to Section 122370 shall, at a minimum, require the swap meet vendor to do all of the following: (a) Maintain the facilities used…
- § 122372 (a) (1) A swap meet vendor who offers animals for sale at a swap meet in a local jurisdiction that has not adopted an ordinance authorizing that sale, is…
- § 122373 This chapter shall not apply to the following: (a) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs. (b) The California Exposition and…
- § 122374 This chapter shall become operative on January 1, 2016.
CHAPTER 11. Pet Boarding Facilities §§ 122380–122388 · 9 sections
- § 122380 As used in this chapter, the following definitions apply: (a) “Enrichment” means providing objects or activities, appropriate to the needs of the species, as…
- § 122381 Each pet boarding facility operator shall be responsible for all of the following: (a) Ensuring that the entire pet boarding facility, including all equipment…
- § 122382 (a) Each permanent or fixed and temporary enclosure shall comply with all of the following standards: (1) Be structurally sound and maintained in good repair…
- § 122383 A pet boarding facility operator shall comply with all of the following animal care requirements: (a) House only one pet at a time in an enclosure unless…
- § 122384 (a) A pet boarding facility operator shall provide each owner with written information describing all of the following: (1) Days and times during which the pet…
- § 122385 A pet boarding facility shall maintain either of the following: (a) A fire alarm system that is connected to a central reporting station that alerts the local…
- § 122386 (a) An animal control officer, as defined in Section 830.9 of the Penal Code, a humane officer qualified pursuant to Section 14502 or 14503 of the Corporations…
- § 122387 (a) Nothing in this chapter shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the…
- § 122388 Pursuant to Section 7 of Article XI of the California Constitution, a city, county, or city and county may adopt ordinances that establish additional standards…
CHAPTER 12. Safe Transportation of Dogs and Cats §§ 122390–122390.3 · 4 sections
- § 122390 This chapter shall be known, and may be cited, as the Safe Transportation of Dogs and Cats Act.
- § 122390.1 For purposes of this chapter, “mobile or traveling housing facility” means a transporting vehicle, including, but not limited to, a car, truck, trailer, bus,…
- § 122390.2 The conditions in a mobile or traveling housing facility for dogs and cats shall not endanger the health or well-being of an animal due to heat, cold, lack of…
- § 122390.3 This chapter applies to any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or…
CHAPTER 12.5. Dog Training §§ 122395–122395.2 · 3 sections
- § 122395 This chapter shall be known, and may be cited, as the Dog Trainer Sufficiency Act.
- § 122395.1 The following definitions apply for purposes of this chapter: (a) “Dog trainer” or “trainer” means a person, firm, partnership, corporation, or other…
- § 122395.2 (a) A dog trainer shall deliver to a purchaser of dog training services at the time of purchase of the dog training services, a written disclosure containing…
PART 7. HEPATITIS C §§ 122400–122445 · 11 sections
CHAPTER 1. General Provisions §§ 122400–122445 · 11 sections
- § 122400 This chapter shall be known, and may be cited, as the Hepatitis C Education, Screening, and Treatment Act.
- § 122405 The Legislature hereby finds and declares all of the following: (a) Hepatitis C is classified as a silent killer, where no recognizable signs or symptoms occur…
- § 122406 The Secretary of Veterans Affairs shall report to the Legislature on or before March 1, 2001, regarding the use of funds earmarked by the federal Veteran’s…
- § 122410 (a) The State Department of Health Services shall make available protocols and guidelines developed by the National Institutes of Health, the University of…
- § 122415 (a) The Director of Corrections shall do all of the following: (1) Provide the budget subcommittees of the Legislature, on or before March 1, 2002, with an…
- § 122420 The Director of Health Services shall do all of the following: (a) Develop and implement a public education and outreach program to raise awareness of the…
- § 122425 There is hereby established a three-year Hepatitis C Linkage to Care demonstration pilot project to allow for innovative, evidence-based approaches to provide…
- § 122430 (a) Upon an appropriation for the purpose described in Section 122425 in the annual Budget Act for the 2015–16, 2016–17, and 2017–18 fiscal years, the…
- § 122435 During the demonstration pilot project described in Section 122425, each demonstration pilot project shall prepare and disseminate information regarding best…
- § 122440 (a) (1) (A) The State Department of Public Health shall allocate funds to local health jurisdictions to provide hepatitis C virus (HCV) activities and other…
- § 122445 (a) In order to ensure that the most vulnerable Californians are informed of their hepatitis C virus (HCV) status and are linked to care and a cure, the State…
PART 7.5. Communicable Disease Testing and Prevention § 122450 · 1 section
- § 122450 (a) Of the funds appropriated in the Budget Act of 2016 for this purpose, the State Department of Public Health shall do all of the following: (1) Purchase and…
PART 7.7. Valley Fever §§ 122475–122476 · 2 sections