DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) [123100. - 125850.]
Division 106 added by Stats. 1995, Ch. 415, Sec. 8.
§§ 123100–125850 · 559 sections
PART 1. GENERAL ADMINISTRATION §§ 123100–123223 · 32 sections
CHAPTER 1. Patient Access to Health Records §§ 123100–123149.5 · 17 sections
- § 123100 The Legislature finds and declares that every person having ultimate responsibility for decisions respecting his or her own health care also possesses a…
- § 123105 As used in this chapter: (a) “Health care provider” means any of the following: (1) A health facility licensed pursuant to Chapter 2 (commencing with Section…
- § 123110 (a) Notwithstanding Section 5328 of the Welfare and Institutions Code, and except as provided in Sections 123115 and 123120, any adult patient of a health care…
- § 123111 (a) A patient who inspects his or her patient records pursuant to Section 123110 has the right to provide to the health care provider a written addendum with…
- § 123114 (a) A health care provider shall not charge a fee to a patient for filling out forms or providing information responsive to forms that support a claim or…
- § 123115 (a) The representative of a minor shall not be entitled to inspect or obtain copies of the minor’s patient records, including clinical notes, in any of the…
- § 123116 (a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11 of the Civil Code, or any other provision of law, a…
- § 123120 Any patient or representative aggrieved by a violation of Section 123110 may, in addition to any other remedy provided by law, bring an action against the…
- § 123125 (a) This chapter shall not require a health care provider to permit inspection or provide copies of alcohol and drug abuse records where, or in a manner,…
- § 123130 (a) A health care provider may prepare a summary of the record, according to the requirements of this section, for inspection and copying by a patient. If the…
- § 123135 Except as otherwise provided by law, nothing in this chapter shall be construed to grant greater access to individual patient records by any person, firm,…
- § 123140 The Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) shall prevail over this chapter with…
- § 123145 (a) Providers of health services that are licensed pursuant to Sections 1205, 1253, 1575 and 1726 have an obligation, if the licensee ceases operation, to…
- § 123147 (a) Except as provided in subdivision (b), all health facilities, as defined in Section 1250, and all primary care clinics that are either licensed under…
- § 123148 (a) Notwithstanding any other law, a health care professional at whose request a test is performed shall provide or arrange for the provision of the results of…
- § 123149 (a) Providers of health services, licensed pursuant to Sections 1205, 1253, 1575, and 1726, that utilize electronic recordkeeping systems only, shall comply…
- § 123149.5 (a) It is the intent of the Legislature that all medical information transmitted during the delivery of health care via telehealth, as defined in subdivision…
CHAPTER 2. Destruction of Records and Exhibits of Human Health §§ 123150–123155 · 2 sections
- § 123150 The board of supervisors may authorize the destruction or the disposition to a public or private medical library of any X-ray photographs and case records that…
- § 123155 The board of supervisors of any county, in addition to its other powers and duties may acquire or construct exhibits and displays depicting all or parts of the…
CHAPTER 3. Catastrophic Health Insurance §§ 123175–123220 · 10 sections
- § 123175 The Legislature finds and declares as follows: (a) A catastrophic illness or injury may financially devastate an individual or the family of that individual…
- § 123180 As used in this chapter: (a) “Catastrophic health insurance” means a supplementary insurance contract that indemnifies a California resident for medical…
- § 123185 The director shall, in consultation with, and approval of the Department of Insurance, do all of the following: (a) Contract with an insurer or insurers to…
- § 123190 The director may appoint a full-time employee, and other staff as required, to implement this chapter.
- § 123195 (a) A contract provided for by this chapter shall not be required to cover a preexisting medical condition of the resident during the first 10 months the…
- § 123200 The state is not liable in any way for any claims arising out of an arrangement for insurance established under this chapter. The insurer shall bear the cost…
- § 123205 The director shall enter into contracts pursuant to subdivision (a) of Section 123185 only with insurers that meet all of the following criteria, as determined…
- § 123210 (a) The term of any contract entered into pursuant to subdivision (a) of Section 123185 shall be determined by the director, but shall not exceed three years.…
- § 123215 Premiums or charges paid for catastrophic health insurance provided pursuant to this chapter shall include an increment to defray the reasonable administrative…
- § 123220 If studies or research demonstrate that it is in the best interest of the program, the director may adopt regulations setting forth modifications to the…
CHAPTER 4. Written Materials For Patients §§ 123222.1–123222.2 · 2 sections
- § 123222.1 (a) Notwithstanding any other provision of law, any printed materials specified in subdivision (b), that are provided to a patient by an employee or authorized…
- § 123222.2 (a) (1) Upon admission of a patient to a skilled nursing facility, as defined in subdivision (c) of, an intermediate care facility, as defined in subdivision…
CHAPTER 5. Children’s Medical Services Rebate Fund § 123223 · 1 section
- § 123223 (a) The Children’s Medical Services Rebate Fund is hereby created as a special fund in the State Treasury. (b) All rebates for the delivery of health care,…
PART 2. MATERNAL, CHILD, AND ADOLESCENT HEALTH §§ 123225–124270.2 · 262 sections
CHAPTER 1. General Provisions §§ 123225–123371 · 40 sections
ARTICLE 1. Maternal, Child, and Adolescent Health §§ 123225–123260 · 10 sections
- § 123225 The department shall maintain a program of maternal and child health.
- § 123230 The department may investigate, and disseminate educational information relating to, conditions affecting the health of the children of this state.
- § 123232 (a) The department shall develop or obtain a brochure to educate pregnant women and new parents about the important role in maintaining a healthy lifestyle and…
- § 123235 The program may include the provision of educational, preventative, diagnostic and treatment services, including medical care, hospitalization and other…
- § 123240 (a) The Maternal and Child Health Branch of the department shall conduct a pilot project to assess the effectiveness of daily ambulatory uterine monitoring…
- § 123245 The Maternal and Child Health Program Act (Section 27) does not give the power to force compulsory medical or physical examination of children.
- § 123250 Upon request the department shall advise all public officers, organizations, and agencies interested in the health and welfare of mothers and children in the…
- § 123255 (a) The department may maintain a maternal and child health program in each county. (b) Notwithstanding any other provision of law, the department may…
- § 123259 (a) The Legislature finds and declares that there continues to be a statewide gap between mortality rates for Black infants and those for other population…
- § 123260 (a) Subject to an appropriation in the annual Budget Act for this purpose, the State Department of Public Health shall establish the California Perinatal…
ARTICLE 2. Women, Infants, and Children’s Nutrition §§ 123275–123355 · 23 sections
- § 123275 The Legislature finds that medical, educational and psychological evidence increasingly points to adequate nutrition as a determinant not only of good physical…
- § 123279 (a) It is the intent of the Legislature in adding this section to authorize the establishment of a program designed to implement the federal WIC Farmers’…
- § 123279.1 (a) For the purposes of this article, a “certified mobile farmers’ market” has the same meaning as defined in Section 113743, subject to paragraph (2) of…
- § 123280 (a) The department may conduct a statewide program for providing nutritional food supplements to low-income pregnant women, low-income postpartum and lactating…
- § 123285 As used in this article, the following definitions shall apply: (a) “Health professional” means a physician and surgeon, registered nurse, nutritionist,…
- § 123290 The department, under any program established pursuant to this article, shall do all of the following: (a) Establish guidelines to determine resource…
- § 123295 Nutrition coupons in an amount sufficient to meet the nutritional needs of a recipient for one month shall be granted to a recipient by facilities and persons…
- § 123300 The department may, under any program established pursuant to this article, investigate the feasibility of contracting with one or more banks in the area…
- § 123302 (a) (1) Notwithstanding any other law, the department may design, implement, and fund an electronic benefits transfer (EBT) system for the California Special…
- § 123305 The department, under any program established pursuant to this article, may collect data to determine the need for and the continuation of a supplemental…
- § 123310 The department, under any program established pursuant to this article, shall authorize retail food vendors, by written agreement, to accept nutrition coupons…
- § 123312 (a) The department shall specify the criteria the department shall use and the actions the department shall take when initiating a moratorium on new WIC…
- § 123315 (a) The department, under any program established pursuant to this article, shall ensure that, at a minimum, the authorized vendor shall do all of the…
- § 123320 (a) The department shall inform the retail food vendors of, and include in the written agreement with the vendors, guidelines consistent with Section 123315,…
- § 123322 (a) In order to effectively manage and administer the federal and state requirements for the vendors in the WIC Program, and remain in compliance with the…
- § 123325 A retail food vendor or any other person who knowingly redeems coupons in excess of the price charged other customers for identical foods, or who provides…
- § 123327 (a) The department shall provide written notice to a retail food vendor if the department determines that the vendor has committed an initial violation for…
- § 123330 Any person or persons who have embezzled, willfully misapplied, stolen, or fraudulently obtained funds or benefits pursuant to this article shall be subject to…
- § 123335 Any officer, employee, or agent of the department may enter the place of business of any vendor transacting nutrition coupons to verify food prices, to witness…
- § 123340 (a) Except as provided in subdivision (c), if any amount is due and payable and unpaid as a result of an overpayment to a vendor or local agency established…
- § 123345 An abstract of judgment obtained pursuant to subdivisions (a) and (b) of Section 123340 or a copy thereof may be recorded with the county recorder of any…
- § 123350 The department shall arrange for the conduct of periodic audits of participating local agencies.
- § 123355 The department shall provide a hearing procedure whereby any food vendor or local agency may appeal any adverse action taken by the department affecting the…
ARTICLE 3. Breast Feeding §§ 123360–123367 · 5 sections
- § 123360 (a) The State Department of Public Health shall include in its public service campaign the promotion of mothers breast-feeding their infants. (b) The…
- § 123361 To the extent that non-United States Department of Agriculture (USDA) federal funds and private grants or donations are made available for this purpose, the…
- § 123365 (a) All general acute care hospitals, as defined in subdivision (a) of Section 1250, and all special hospitals providing maternity care, as defined in…
- § 123366 (a) This section shall be known, and may be cited, as the Hospital Infant Feeding Act. (b) For the purposes of this section, the following definitions shall…
- § 123367 (a) For the purposes of this section, the following definitions shall apply: (1) “Baby-Friendly Hospital Initiative” means the program sponsored by the World…
ARTICLE 4. Cord Blood Banking Education §§ 123370–123371 · 2 sections
- § 123370 The department shall conduct the Umbilical Cord Blood Community Awareness Campaign to do all of the following: (a) Provide awareness, assistance, and…
- § 123371 (a) (1) The State Department of Public Health shall develop standardized, objective information about umbilical cord blood donation that is sufficient to allow…
CHAPTER 2. Maternal Health §§ 123375–123643 · 74 sections
ARTICLE 1. Determination of Pregnancy §§ 123375–123418 · 4 sections
- § 123375 (a) Except as otherwise provided in subdivision (b), no person shall sell, offer for sale, give away, distribute, or otherwise furnish materials intended to…
- § 123380 Local public health agencies shall make pregnancy testing services available free or at cost to the person using the services. The results of any pregnancy…
- § 123385 It is the intent of the Legislature that the program authorized pursuant to this article be entirely self-supporting, and for this purpose the state department…
- § 123418 Subject to all other provisions of this article, all residency programs in obstetrics and gynecology shall comply with the program requirements for residency…
ARTICLE 2. Abortion §§ 123420–123445 · 6 sections
- § 123420 (a) No employer or other person shall require a physician, a registered nurse, a licensed vocational nurse, or any other person employed or with staff…
- § 123425 The refusal of any person to submit to an abortion or surgical sterilization or to give consent therefor shall not be grounds for loss of any privileges or…
- § 123430 (a) (1) To ensure people have accurate and comprehensive information when accessing abortion services in California, on or before July 1, 2023, the California…
- § 123435 The rights to medical treatment of an infant prematurely born alive in the course of an abortion shall be the same as the rights of an infant of similar…
- § 123440 (a) It is unlawful for any person to use any aborted product of human conception, other than fetal remains, for any type of scientific or laboratory research…
- § 123445 (a) Except as provided in subdivision (b), at the conclusion of any scientific or laboratory research or any other kind of experimentation or study upon fetal…
ARTICLE 2.3. Abortion Practical Support Fund §§ 123451–123453 · 4 sections
- § 123451 (a) As used in this article, the following definitions apply: (1) “Abortion” has the same meaning as defined in Section 123464. (2) “Department” means the…
- § 123452 (a) The department, or its contracted vendor, shall use moneys in the fund to administer grants to nonprofit organizations in California that are exempt from…
- § 123452.5 The department shall conduct an evaluation of the grant program implemented pursuant to Section 123452 and shall report its findings to the Legislature no…
- § 123453 This article shall be construed to effectuate its legislative intent to support access to abortion in California and build upon its commitment to be a…
ARTICLE 2.5. Reproductive Privacy Act §§ 123460–123469 · 9 sections
- § 123460 This article shall be known and may be cited as the Reproductive Privacy Act.
- § 123462 The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which…
- § 123464 The following definitions shall apply for purposes of this chapter: (a) “Abortion” means any medical treatment intended to induce the termination of a…
- § 123466 (a) The state shall not deny or interfere with a woman’s or pregnant person’s right to choose or obtain an abortion prior to viability of the fetus, or when…
- § 123467 (a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights under this…
- § 123467.5 (a) A law of another state that authorizes a person to bring a civil action against a person or entity that does any of the following is contrary to the public…
- § 123468 The performance of an abortion is unauthorized if performed by someone other than the pregnant person and if either of the following is true: (a) The person…
- § 123468.5 (a) (1) California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or…
- § 123469 (a) A party whose reproductive rights are protected by this article and whose reproductive rights are interfered with by conduct or by a statute, ordinance, or…
ARTICLE 2.7. Reproductive FACT Act §§ 123470–123473 · 4 sections
- § 123470 This article shall be known and may be cited as the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act or Reproductive FACT…
- § 123471 (a) For purposes of this article, and except as provided in subdivision (c), “licensed covered facility” means a facility licensed under Section 1204 or an…
- § 123472 (a) A licensed covered facility shall disseminate to clients on site the following notice in English and in the primary threshold languages for Medi-Cal…
- § 123473 (a) Covered facilities that fail to comply with the requirements of this article are liable for a civil penalty of five hundred dollars ($500) for a first…
ARTICLE 3. Community-Based Perinatal System §§ 123475–123525 · 15 sections
- § 123475 The Legislature finds that a community-based system of comprehensive perinatal care, including prenatal care, delivery service, postpartum care, and neonatal…
- § 123480 It is the intent of the Legislature in enacting this article to maintain, to the extent resources are available, a permanent statewide community-based…
- § 123485 The following definitions shall govern the construction of this article: (a) “Community-based comprehensive perinatal care” means a range of prenatal,…
- § 123490 (a) The department shall develop and maintain a statewide comprehensive community-based perinatal services program and enter into contracts, grants, or…
- § 123491 (a) There is hereby established a voluntary nurse home visiting grant program for expectant first-time mothers, their children, and their families, to be…
- § 123492 The department shall develop a grant application and award grants on a competitive basis to counties for the startup, continuation, and expansion of the…
- § 123493 (a) The department may accept voluntary contributions, in cash or in-kind, to pay for the costs in the implementation of the program under Section 123492.…
- § 123495 (a) The department shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government including, but not limited to,…
- § 123500 The department shall monitor the delivery of services under contracts, grants, and agreements provided for in this article through a uniform health data…
- § 123505 The goals of the community-based comprehensive perinatal health care system shall be: (a) To decrease and maintain the decreased level of perinatal, maternal,…
- § 123510 The program objectives of the community-based comprehensive perinatal health care system shall be the following: (a) To ensure continuing availability and…
- § 123515 In processing and awarding contracts, grants, or agreements pursuant to this article, the department shall evaluate the ability of applicants to meet, to the…
- § 123516 (a) The department, in consultation with the program administrators, may contract with one or more qualified organizations to assist the department in ensuring…
- § 123520 (a) In developing a comprehensive system, health care providers funded under this article may perform the following activities to ensure that a full range of…
- § 123525 The provisions contained in this article shall be subject to the normal Budget Act process and shall be operative to the extent funds are appropriated for this…
ARTICLE 4. Perinatal Health Care §§ 123550–123610 · 10 sections
- § 123550 The Legislature finds and declares that prenatal care, delivery service, postpartum care and neonatal and infant care are essential services necessary to…
- § 123555 The department shall develop and implement a uniform sliding fee schedule, based on family size and income, for women provided perinatal care through the…
- § 123560 Unless the context otherwise requires, the definitions in this section govern the construction of this article: (a) “Perinatal health system” means all of the…
- § 123565 The department shall maintain a program that addresses the special needs of high-risk pregnant women and infants. The program shall include the following: (a)…
- § 123570 (a) In assisting in the development of the regionalized perinatal health systems, the department shall consult with the office, the State Department of…
- § 123575 It is the intent of the Legislature that the program created by Sections 123550 to 123570, inclusive, be funded through the normal budgetary process beginning…
- § 123576 (a) Subject to an appropriation of funds by the Legislature in the annual Budget Act or another statute for this purpose, the State Department of Public…
- § 123600 By July 1, 1991, the Health and Welfare Agency shall develop and disseminate a model needs assessment protocol for pregnant and postpartum substance abusing…
- § 123605 (a) Each county shall establish protocols between county health departments, county welfare departments, and all public and private hospitals in the county,…
- § 123610 It is the intent of the Legislature that funding for Sections 123600 and 123605 be provided in the annual Budget Act.
ARTICLE 4.2. Maternal Mental Health §§ 123615–123617 · 5 sections
- § 123615 This article shall be known, and may be cited, as the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act.
- § 123615.5 The Legislature hereby finds and declares all of the following: (a) Maternal depression is a common complication of pregnancy. Maternal mental health disorders…
- § 123616 For the purposes of this article, the following terms have the following meanings: (a) “Maternal mental health condition” means a mental health condition that…
- § 123616.5 A general acute care hospital or special hospital, as defined in subdivisions (a) and (f) of Section 1250, that has a perinatal unit, in collaboration with…
- § 123617 The program developed pursuant to this article shall include all of the following: (a) Education and information for postpartum women and families about…
ARTICLE 4.5. Fetal Ultrasound §§ 123620–123622 · 3 sections
- § 123620 A person or facility that offers fetal ultrasound, or a similar procedure, for keepsake or entertainment purposes, shall disclose to a client prior to…
- § 123621 (a) An ultrasound, or a similar medical imaging device or procedure used for a medical, counseling, or diagnostic service or purpose, shall only be offered in…
- § 123622 (a) Any person or entity that fails to comply with the requirements of Section 123621 is liable for a civil penalty of two thousand five hundred dollars…
ARTICLE 4.6. California Dignity in Pregnancy and Childbirth Act §§ 123630–123630.7 · 8 sections
- § 123630 This article shall be known, and may be cited, as the California Dignity in Pregnancy and Childbirth Act.
- § 123630.1 The Legislature hereby finds and declares all of the following: (a) Every person should be entitled to dignity and respect during and after pregnancy and…
- § 123630.2 For the purposes of this article, the following terms have the following meanings: (a) “Pregnancy-related death” is the death of a person while pregnant or…
- § 123630.3 (a) A hospital as defined in subdivision (a) or (f) of Section 1250 that provides perinatal care, and an alternative birth center or primary care clinic…
- § 123630.4 (a) The State Department of Public Health shall track data on severe maternal morbidity, including, but not limited to, all of the following health conditions:…
- § 123630.5 (a) A hospital, as defined in subdivision (a) of Section 1250, shall implement an evidence-based implicit bias program, as described in subdivision (b) of…
- § 123630.6 The Attorney General may publish a report outlining compliance data related to this article on a biennial basis. The report may be posted on the Attorney…
- § 123630.7 If any provision of the California Dignity in Pregnancy and Childbirth Act, or the application of any such provision to any person or circumstances, shall be…
ARTICLE 4.7. California Pregnancy-Associated Review Committee §§ 123635–123637 · 3 sections
- § 123635 For the purposes of this section, the following terms apply: (a) “Maternal mortality” or “maternal death” means the death of a person during pregnancy or…
- § 123636 (a) The California Pregnancy-Associated Review Committee is hereby established under the State Department of Public Health to continuously engage in the…
- § 123637 This article is operative on August 1, 2022.
ARTICLE 6. Maternal Mental Health § 123640 · 1 section
- § 123640 (a) A licensed health care practitioner who provides prenatal, postpartum, or interpregnancy care for a patient shall ensure that the mother is offered…
ARTICLE 7. Los Angeles County Abortion Access Safe Haven Pilot Program § 123641 · 1 section
- § 123641 (a) (1) Of the amounts appropriated in Schedule (3) of Item 4260-101-0001 of the Budget Act of 2022 for this purpose, twenty million dollars ($20,000,000) is…
ARTICLE 8. San Diego County Pelvic Floor and Core Conditioning Pilot Program § 123643 · 1 section
- § 123643 (a) (1) Commencing January 1, 2026, until January 1, 2029, San Diego County may establish a pilot program for pelvic floor and core conditioning group classes.…
CHAPTER 3. Child Health §§ 123650–124174.6 · 123 sections
ARTICLE 1. Infant Mortality and Morbidity Prevention §§ 123650–123660 · 3 sections
- § 123650 (a) The department shall develop a plan to identify causes of infant mortality and morbidity in California and to study recommendations on the reduction of…
- § 123655 The study plan shall incorporate in its design the findings of MCH Title V Research Contract DHS 8689088, the “Maternal Neonatal and Fetal Mortality Study.”…
- § 123660 (a) The Legislature finds that the Fetal and Infant Mortality Review process is used to identify and take action to prevent a wide range of local social,…
ARTICLE 2.5. Infant Botulism Treatment and Prevention Program §§ 123700–123709 · 6 sections
- § 123700 (a) Infant botulism is an acute, life-threatening paralytic disease of babies caused by a potent bacterial neurotoxin. (b) Half of all cases of infant botulism…
- § 123702 (a) The State Department of Health Services shall establish an Infant Botulism Treatment and Prevention Unit. This unit shall have responsibility for ensuring…
- § 123704 The Infant Botulism Treatment and Prevention Unit shall provide all the following services: (a) Produce, or cause to have produced, and maintain, a supply of…
- § 123705 It is the intent of the Legislature that the program carried out pursuant to this article shall be fully supported from the fees collected for providing BIG to…
- § 123707 (a) The State Department of Health Services may manufacture, test, distribute, and maintain licensure of the product Botulism Immune Globulin Intravenous…
- § 123709 The Infant Botulism Treatment and Prevention Fund is hereby established as a special fund in the State Treasury. All moneys collected by the state department…
ARTICLE 3. Sudden Infant Death Syndrome §§ 123725–123745 · 5 sections
- § 123725 (a) For purposes of this section, the following definitions shall apply: (1) “SIDS” means sudden infant death syndrome. (2) “SIDS Advisory Council” or…
- § 123730 The department shall keep each county health officer advised of the most current knowledge relating to the nature and causes of sudden infant death syndrome.
- § 123735 (a) As used in this section, “SIDS” means sudden infant death syndrome. (b) The department shall contract with a person to provide regular and ongoing SIDS…
- § 123740 (a) For purposes of this section the following definitions shall apply: (1) “Appropriately trained public health professional” means a public health nurse or a…
- § 123745 The department shall monitor, or contract with a person to monitor, whether the county health officer or his or her designated agent is performing the duties…
ARTICLE 4. Infant Medical Dispatch Centers §§ 123750–123775 · 7 sections
- § 123750 The Legislature finds that intensive care nurseries for at-risk infants are often at capacity. It further finds that serious delays can occur in placing…
- § 123753 The department shall establish two dispatch centers, each to be located at a hospital containing an intensive care nursery that has been approved by the…
- § 123755 One of the centers established pursuant to Section 123750 shall be located to serve the region of the state north of the Tehachapi Mountains, and one of the…
- § 123760 The centers shall locate bedspace for critically ill newborn infants nearest their homes, locate and dispatch transport for the infants and for appropriate…
- § 123765 Funds appropriated to carry out the purposes of this article shall be used for leasing or purchasing communication equipment or time; and for hiring, training,…
- § 123770 Public and private nonprofit health facilities, organizations, and educational institutions are eligible to receive center funds under this article.
- § 123775 Each infant medical dispatch center established pursuant to this article shall annually report on the progress of the project, the status of the data base…
ARTICLE 5. California Children’s Services §§ 123800–123995 · 45 sections
- § 123800 This article shall be known and may be cited as the Robert W. Crown California Children’s Services Act.
- § 123805 The department shall establish and administer a program of services for physically defective or handicapped persons under the age of 21 years, in cooperation…
- § 123810 The department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the State Department of Benefit…
- § 123815 The department shall have possession and control of all records, papers, equipment, and supplies held for the benefit or use of the Director of Benefit…
- § 123820 All officers and employees of the Director of Benefit Payments who on July 1, 1978, are serving in the state civil service, other than as temporary employees,…
- § 123822 All claims for services provided under this article shall be submitted to the state fiscal intermediary for payment no later than January 1, 1999. The State…
- § 123825 It is the intent of the Legislature through this article to provide, to the extent practicable, for the necessary medical services required by physically…
- § 123830 “Handicapped child,” as used in this article, means a physically defective or handicapped person under the age of 21 years who is in need of services. The…
- § 123835 (a) The department shall keep the California Children’s Services (CCS) program abreast of advances in medical science, leading to the inclusion of other…
- § 123840 “Services,” as used in this article, means any or all of the following: (a) Expert diagnosis. (b) Medical treatment. (c) Surgical treatment. (d) Hospital care.…
- § 123845 “California Children’s Services Program,” as used in this article, means the program of services established and operated pursuant to this article.
- § 123850 (a) (1) The board of supervisors of each county shall designate the county department of public health or the county department of social welfare as the…
- § 123853 (a) The department may enter into contracts with one or more manufacturers on a negotiated or bid basis as the purchaser, but not the dispenser or distributor,…
- § 123855 The department or designated county agency shall cooperate with, or arrange through, local public or private agencies and providers of medical care to seek out…
- § 123860 In accordance with applicable regulations of the United States Children’s Bureau, the department and designated county agencies shall provide a diagnosis for…
- § 123865 If the parents or estate of a handicapped child is wholly or partly unable to furnish for the child necessary services, the parents or guardian may apply to…
- § 123870 (a) The department shall establish standards of financial eligibility for treatment services under the California Children’s Services Program (CCS program).…
- § 123872 In addition to the other eligibility requirements set forth in this article, prior to being determined financially eligible for services under this article,…
- § 123875 If the California Children’s Service medical therapy unit conference team, based on a medical referral recommending medically necessary occupational or…
- § 123880 The department and designated agencies shall not deny eligibility or aid under the California Children’s Services Program because an otherwise eligible person…
- § 123885 Panel members as set forth in Section 123880 shall be board-certified and have expertise in the care of children.
- § 123890 (a) The state department shall not deny a hospital’s request to provide treatment to burn victims who are eligible under the California Children’s Services…
- § 123895 The designated agency shall determine the financial eligibility of the family according to standards established by the department. The agency will also…
- § 123900 (a) Beginning September 1, 1991, in addition to any other standards of eligibility pursuant to this article, each family with a child otherwise eligible to…
- § 123905 A county of under 200,000 population, administering its county program jointly with the department, shall forward to the department a statement certifying the…
- § 123910 The department may, without the possession of a county certification, pay the expenses for services required by any physically handicapped child out of any…
- § 123915 When the department provides, or arranges for the provision of, services to physically handicapped children directly, as in the case of nonresident physically…
- § 123920 Upon the request of another state or of a federal agency, the department may pay the expenses of services required by any physically handicapped child who is…
- § 123925 The department and designated agencies shall maintain surveillance and supervision over the services provided handicapped children under authorization by the…
- § 123929 (a) Except as otherwise provided in this section and Section 14133.05 of the Welfare and Institutions Code, California Children’s Services Program services…
- § 123930 This article does not authorize any treatment service without the written consent of a parent or guardian except as a person under 18 years of age is an…
- § 123935 A handicapped child shall not be denied services pursuant to this article because he or she has an intellectual disability.
- § 123940 (a) (1) Annually, the board of supervisors shall appropriate a sum of money for services for handicapped children of the county, including diagnosis,…
- § 123945 For those counties with a total appropriation of county funds not exceeding one hundred twenty-five thousand dollars ($125,000), and upon the expenditure of…
- § 123950 The designated county agency shall administer the medical-therapy program in local public schools for physically handicapped children. As provided in Section…
- § 123955 (a) The state and the counties shall share in the cost of administration of the California Children’s Services program at the local level. (b) (1) The director…
- § 123960 The department shall require of participating local governments the provision of program data including, but not limited to, the number of children treated,…
- § 123965 A handicapped child placed for adoption, determined to be financially eligible for care at the time of placement, shall not be denied services pursuant to this…
- § 123970 The department and the placing adoption agency at the time of placement shall notify all prospective adopting parents in writing, that funds received under the…
- § 123975 (a) The department, in consultation with selected representatives of participating neonatal intensive care units, shall establish a system to screen all…
- § 123980 If the recipient of services provided by the California Children’s Services Program, his or her guardian, conservator, personal representative, estate, or…
- § 123982 Except as otherwise provided by law, the amount of any judgment, award, or settlement relating to a medical condition for which treatment services have been…
- § 123985 (a) A bone marrow transplant for the treatment of cancer shall be reimbursable under this article, when all of the following conditions are met: (1) The bone…
- § 123990 The department shall adopt regulations to implement the amendments of this article in 1991. The adoption of the regulations shall be deemed to be an emergency,…
- § 123995 (a) The department shall require all applicants to the program who may be eligible for cash grant assistance or for Medi-Cal benefits to apply for Medi-Cal.…
ARTICLE 5.5. Assistance To Children At Home Demonstration Project §§ 124010–124015 · 6 sections
- § 124010 (a) It is the intent of the Legislature to establish demonstration projects to assist medically fragile infants, children, and adolescents. (b) It is further…
- § 124011 There is hereby established demonstration projects to provide a medical home and coordination of care model in order to reduce avoidable health problems of…
- § 124012 The department shall award funding appropriated for purposes of this article, on a competitive basis, to any nonprofit children’s hospitals, as defined in…
- § 124013 The demonstration projects shall provide care management services to children enrolled in the demonstration projects pursuant to proposals accepted by the…
- § 124014 In order to most effectively assist children enrolled in the demonstration project, the demonstration project may employ the use of clinic visits, home visits,…
- § 124015 (a) The hospital receiving funding under this article shall submit a report to the department that evaluates the demonstration project and includes measures of…
ARTICLE 6. Child Health And Disability Prevention Program §§ 124024–124110.5 · 21 sections
- § 124024 (a) Before July 1, 2024, the department shall take the following steps: (1) Conduct a stakeholder engagement process to inform the department in the…
- § 124025 The Legislature finds and declares that many physical and mental disabilities can be prevented, or their impact on an individual lessened, when they are…
- § 124030 As used in this article and Section 120475: (a) “State board” means the State Maternal, Child, and Adolescent Health Board. (b) “Department” means the…
- § 124033 (a) Commencing July 1, 2003, all applications for services under the Child Health and Disability Prevention program shall be filed electronically in accordance…
- § 124035 The department shall administer this article and Section 120475 and shall adopt minimum standards for the approval of community child health and disability…
- § 124040 (a) The governing body of each county or counties shall establish a community child health and disability prevention program for the purpose of providing early…
- § 124045 A city that operates an independent health agency may elect to provide the services described in this article with the approval of the department. In this…
- § 124050 Each community child health and disability program shall have a director meeting qualification standards by the department, appointed by the governing body,…
- § 124055 Any community child health and disability prevention program may contract to furnish services to any other county if the contract is approved by the director.
- § 124060 (a) On or before September 15 of each year, each county program director shall submit a budget update for the subsequent fiscal year that provides the…
- § 124065 Counties shall be reimbursed for the amount required by the county to carry out its community child health and disability prevention program in accordance with…
- § 124070 Counties shall be reimbursed for the amount required by the county to carry out its community child health and disability prevention program in accordance with…
- § 124075 (a) In order to ensure the maximum utilization of the California Medical Assistance Program and other potential reimbursement sources, the department shall…
- § 124080 The department may contract with a private entity for the performance of processing claims for state reimbursement, so long as the cost of the contract is no…
- § 124085 On and after July 1, 1976, each child eligible for services under this article shall, within 90 days after entrance into the first grade, provide a certificate…
- § 124090 Any child between birth and 90 days after entrance into the first grade and all persons under 21 years of age who are eligible for the California Medical…
- § 124095 Each community child health and disability prevention program shall provide the child or his or her parent or guardian with a copy of the results of the health…
- § 124100 (a) In cooperation with the county child health and disability prevention program, the governing body of every school district or private school that has…
- § 124105 (a) This section shall be known and may be cited as the “Hughes Children’s Health Enforcement Act.” (b) The Legislature recognizes the importance of health to…
- § 124110 All information and results of the health screening and evaluation of each child shall be confidential and shall not be released without the informed consent…
- § 124110.5 This article shall become inoperative on July 1, 2024, or on the date certified by the department pursuant to subdivision (d) of Section 124024, whichever date…
ARTICLE 6.4. Newborn Eye Pathology Screening §§ 124111–124112 · 2 sections
- § 124111 (a) The Newborn Eye Pathology Screening Task Force is established and shall advise the State Department of Health Services on the newborn eye pathology…
- § 124112 (a) On or before June 30, 2002, the department shall adopt the protocol developed by the American Academy of Pediatrics to optimally detect the presence of…
ARTICLE 6.5. Newborn and Infant Hearing Screening, Tracking, and Intervention Program §§ 124115–124120.5 · 11 sections
- § 124115 This article shall be known, and may be cited as, the Newborn and Infant Hearing Screening, Tracking and Intervention Act.
- § 124115.5 (a) The Legislature finds and declares all of the following: (1) Hearing loss occurs in newborns more frequently than any other health condition for which…
- § 124116 As used in this article: (a) “Birth admission” means the time after birth that the newborn remains in the hospital nursery prior to discharge. (b) “CCS” means…
- § 124116.5 (a) (1) Every general acute care hospital with licensed perinatal services in this state shall administer to every newborn, upon birth admission, a hearing…
- § 124117 The department or its designee shall approve hospitals for participation as newborn hearing screening providers. These facilities shall then receive payment…
- § 124118 The department or its designee shall provide every general acute care hospital that has licensed perinatal services, or neonatal intensive care unit (NICU), as…
- § 124118.5 (a) The department shall establish a system of early hearing detection and intervention centers that shall provide technical assistance and consultation to…
- § 124119 (a) The department shall develop and implement a reporting and tracking system for newborns and infants tested for hearing loss. (b) The system shall provide…
- § 124119.5 Parents of all newborns and infants diagnosed with a hearing loss shall be provided written information on the availability of community resources and services…
- § 124120 The department may conduct a community outreach and awareness campaign to inform medical providers, pregnant women, and the families of newborns and infants on…
- § 124120.5 A newborn hearing screening test shall not be performed without the written consent of the parent.
ARTICLE 6.6. Newborn Critical Congenital Heart Disease Screening Program §§ 124121–124122 · 2 sections
ARTICLE 7. Childhood Lead Poisoning Prevention Act §§ 124125–124165 · 7 sections
- § 124125 (a) The Legislature hereby finds and declares that childhood lead exposure represents the most significant childhood environmental health problem in the state…
- § 124130 (a) A laboratory that performs a blood lead analysis on a specimen of human blood drawn in California shall report the information specified in this section to…
- § 124150 The Legislature hereby finds and declares that the activities conducted by the department pursuant to Section 124130 have confirmed and supported the findings…
- § 124151 The department shall use an electronic database consistent with the goals outlined in Section 124125 to support electronic laboratory reporting of blood lead…
- § 124155 (a) The department shall design and implement a screening program for lead exposure of children not older than seven years old in migrant labor camps where…
- § 124160 The department shall continue to direct the Childhood Lead Poisoning Prevention Program to implement a program to identify and conduct medical followup of…
- § 124165 After January 1, 1993, the department, through the Childhood Lead Poisoning Prevention Program, shall continue to take steps that it determines are necessary…
ARTICLE 8. Female Genital Mutilation Prevention § 124170 · 1 section
- § 124170 The State Department of Health Services, in consultation with the State Department of Social Services and the appropriate federal agency or department, shall…
ARTICLE 9. Mercury-containing Vaccines § 124172 · 1 section
- § 124172 (a) Except for an influenza vaccine described in subdivision (b), on and after July 1, 2006, a person who is knowingly pregnant or who is under three years of…
ARTICLE 10. Public School Health Center Support Program §§ 124174–124174.6 · 6 sections
- § 124174 The following definitions shall govern the construction of this article, unless the context requires otherwise: (a) “Program” means a Public School Health…
- § 124174.2 (a) The department, in cooperation with the State Department of Education, shall establish a Public School Health Center Support Program. (b) The program, in…
- § 124174.3 (a) The department shall establish standardized data collection procedures and collect data specified in subdivisions (c) and (d) from school health centers on…
- § 124174.4 The State Department of Education, in collaboration with the department, shall perform the following functions: (a) Coordination of programs within the State…
- § 124174.5 The program, in collaboration with the State Department of Education, shall act as a liaison for school-based health centers.
- § 124174.6 The department shall establish a grant program within the Public School Health Center Support Program to provide technical assistance, and funding for the…
CHAPTER 4. Adolescent Health §§ 124175–124270.2 · 25 sections
ARTICLE 1. California Adolescent Family Life Act of 1988 §§ 124175–124200 · 6 sections
- § 124175 The Legislature hereby finds and declares that: (a) Adolescent pregnancy and parenthood is a problem with significant social, medical, educational, and…
- § 124180 (a) The department may conduct the Adolescent Family Life Program to assure that pregnant adolescents receive comprehensive continuous prenatal care in order…
- § 124185 (a) The department, through its program of maternal and child health, shall award contract augmentations to four Adolescent Family Life Programs that meet the…
- § 124190 A comprehensive coordinated substance abuse prevention, intervention, and counseling program, as used in Section 124185, shall include, but not be limited to,…
- § 124195 The department shall require reports to be prepared by all programs funded pursuant to this article.
- § 124200 Funding for the purpose of this article shall be provided through funds appropriated to the department through the annual Budget Act.
ARTICLE 2. Child and Adolescent Resource Program §§ 124225–124230 · 2 sections
- § 124225 (a) The Legislature finds that recent responsibilities for assessing and treating the mental disorders of children and adolescents have been required of county…
- § 124230 It is the purpose of the Legislature, in enacting this article, to encourage the Regents of the University of California to augment the academic child and…
ARTICLE 2.5. Youth Sports Concussion and Sudden Cardiac Arrest Prevention Protocols §§ 124235–124236 · 2 sections
- § 124235 (a) A youth sports organization that elects to offer an athletic program shall comply with all of the following: (1) (A) An athlete who is suspected of…
- § 124236 (a) A youth sports organization, as defined in paragraph (3) of subdivision (b) of Section 124235, that elects to offer an athletic program shall annually give…
ARTICLE 2.6. Nevaeh Youth Sports Safety Act §§ 124238–124238.5 · 2 sections
- § 124238 For purposes of this article, the following definitions apply: (a) “Coach” means a person appointed by the youth sports organization to supervise or instruct a…
- § 124238.5 (a) Commencing January 1, 2028, a youth sports organization that elects to offer an athletic program shall ensure that its athletes have access to an automated…
ARTICLE 2.7. California Youth Football Act §§ 124240–124243 · 4 sections
- § 124240 (a) This article shall be known, and may be cited, as the California Youth Football Act. (b) As used in this article: (1) “Coach” means a person appointed by a…
- § 124241 On and after January 1, 2021, a youth sports organization that conducts a tackle football program shall comply with all of the following requirements: (a) A…
- § 124242 On and after January 1, 2021, a youth tackle football league shall comply with both of the following: (a) Establish youth tackle football participant divisions…
- § 124243 Nothing in this article shall prohibit any youth sports organization or youth tackle football league from adopting and enforcing rules intended to provide a…
ARTICLE 2.8. Youth Sports for All Act §§ 124250–124256 · 5 sections
- § 124250 This article shall be known, and may be cited, as the Youth Sports for All Act.
- § 124251 For purposes of this article, the following definitions apply: (a) “Centralized entity” means a department, commission, board, council, or their equivalent.…
- § 124252 (a) (1) The State Public Health Officer shall, on or before July 1, 2026, or six months after implementation of this article commences pursuant to subdivision…
- § 124254 (a) The commission shall conduct a study of issues in youth sports that includes all of the following: (1) An assessment of the need and potential for a…
- § 124256 (a) The implementation of this article is contingent upon either of the following: (1) An appropriation for its purposes in the annual Budget Act or another…
ARTICLE 3. Mental Health Services for Minors § 124260 · 1 section
- § 124260 (a) As used in this section: (1) “Mental health treatment or counseling services” means the provision of outpatient mental health treatment or counseling by a…
ARTICLE 4. Impacts of Social Media on Mental Health §§ 124270–124270.2 · 3 sections
- § 124270 As used in this article, the following definitions apply: (a) “Children and youth” means individuals up to 26 years of age. (b) “Department” means the State…
- § 124270.1 (a) The department, in consultation with the Behavioral Health Services Oversight and Accountability Commission, shall report to the Senate and Assembly…
- § 124270.2 This article shall remain in effect only until January 1, 2030, and as of that date is repealed.
PART 3. FAMILY PLANNING § 124300 · 1 section
- § 124300 Within any county where 10 percent or more of the population, as determined by the Demographic Research Unit of the Department of Finance, speaks any one…
PART 4. PRIMARY HEALTH CARE §§ 124400–124945 · 88 sections
CHAPTER 1. General Provisions §§ 124400–124441 · 10 sections
- § 124400 (a) The Legislature makes the following findings and declarations: (1) There is a maldistribution of health services in California resulting in underserved…
- § 124405 (a) The department shall develop a statewide plan for health services for special population groups identified pursuant to subdivision (b) of Section 124425 by…
- § 124410 Notwithstanding any other provision of law, the department may, if requested by the nonprofit or public agency and to the extent funds are available, provide…
- § 124415 Notwithstanding any other provision of law, the department may, in addition to the advance payment under Section 124410, provide for prospective payments for…
- § 124420 Each agreement for a project shall require the contracting agency to seek third-party reimbursements, including Medi-Cal and private insurance, for any person…
- § 124425 (a) It is the intent of the Legislature that funds authorized by the Primary Care Services Act (Section 27) be provided to organizations and agencies that are…
- § 124430 (a) It is the intent of the Legislature that programs in the Primary Care Services Act (Section 27) be funded annually through the budgetary process. (b) In…
- § 124435 An applicant for funds pursuant to the Primary Care Services Act (Section 27) shall transmit a copy of an application to any person who makes a written request…
- § 124440 The department may enter into agreements with any clinic that is licensed under subdivision (a) of Section 1204 or exempt from licensure under subdivision (c)…
- § 124441 (a) For purposes of this section, the following definitions apply: (1) “Medical chaperone” means a trained employee of a provider who assists or observes… see note
CHAPTER 1.5. Clinic Services § 124450 · 1 section
- § 124450 (a) In any emergency or disaster, as declared by the Governor, clinics funded under the seasonal agricultural and migratory workers program provided for by…
CHAPTER 2. Primary Clinic Revolving Fund §§ 124475–124525 · 8 sections
ARTICLE 1. General Provisions §§ 124475–124485 · 3 sections
- § 124475 The Legislature finds and declares all of the following: (a) Clinics are valuable partners in the state’s efforts to improve access to health services. (b)…
- § 124480 As used in this chapter, “clinic” means a primary care clinic as defined in Section 1200.
- § 124485 (a) The department shall prepare and transmit to the Legislature a report of the department’s activities relating to the utilization of clinics to provide…
ARTICLE 2. The Clinic Revolving Fund §§ 124500–124515 · 4 sections
- § 124500 The Clinic Revolving Fund of the department is hereby established for the purpose of expediting preliminary advance payments as authorized pursuant to Article…
- § 124505 (a) Notwithstanding Section 16400 of the Government Code or any other provision of law, the department may, to the extent local assistance appropriations are…
- § 124510 In lieu of actually withdrawing revolving fund moneys from the State Treasury, the Controller, upon the request of the department, shall apply and credit the…
- § 124515 The department shall remain fully accountable for the Clinic Revolving Fund. All disbursements shall be substantiated by vouchers filed with the Controller.…
ARTICLE 3. Preliminary Advance Payments § 124525 · 1 section
- § 124525 Notwithstanding any provision of law to the contrary, the department may, to the extent funds are available, provide for advance payments for services to be…
CHAPTER 3. Health of Seasonal Agricultural and Migratory Workers §§ 124550–124570 · 4 sections
- § 124550 The department shall maintain a program for seasonal agricultural and migratory workers and their families, consisting of all of the following: (a) Studies of…
- § 124555 (a) (1) It is the intent of the Legislature that funds distributed under this section promote stability for participating clinics, as a part of the state’s…
- § 124560 (a) The Seasonal Agricultural and Migratory Workers Advisory Committee is hereby established in the State Department of Health Services. (b) The committee…
- § 124570 (a) Notwithstanding any other provision of law, the department shall, to the extent that funds are available, provide to a grantee semiannual prospective…
CHAPTER 4. American Indian Health Services §§ 124575–124595 · 6 sections
- § 124575 The department shall maintain a program for American Indians and their families, consisting of all of the following: (a) Studies of the health and health…
- § 124580 The department shall cooperate with local governmental agencies and contract with voluntary nonprofit organizations in connection with the development of local…
- § 124585 (a) All moneys appropriated to the department for the purposes of this chapter shall be used to provide financial, training, and technical assistance to urban…
- § 124586 (a) Notwithstanding any other provision of law, the department shall, to the extent that funds are available, provide to a grantee under this chapter…
- § 124590 The Legislature finds and declares that the health status of many American Indians in California is not adequate. It is, therefore, the intent of the…
- § 124595 (a) The Indian Health Policy Panel, established by the director pursuant to Section 1520 of Title 17 of the California Administrative Code, is continued in…
CHAPTER 5. Rural Health Services Development §§ 124600–124785 · 31 sections
ARTICLE 1. Legislative Intent and General Provisions §§ 124600–124625 · 6 sections
- § 124600 The Legislature makes the following findings and declarations: (a) There is a maldistribution of health services in California. Most rural areas of the state…
- § 124605 The department shall implement a program to remedy deficiencies in health services in rural areas. The department shall have responsibility for the following…
- § 124610 The director shall administer this chapter and shall adopt any regulations and standards as are necessary to implement this chapter.
- § 124615 No services provided under this chapter shall substitute for current services and obligations of a county including those required by state law.
- § 124620 Funds expended pursuant to this chapter shall be supplemental to those made available by the federal government for the National Health Services Corps and…
- § 124625 (a) It is the intent of the Legislature that the Rural Health Services Development Program be funded annually through the budgetary process. (b)…
ARTICLE 2. California Health Services Corps §§ 124650–124685 · 8 sections
- § 124650 The director shall establish in the department, a California Health Services Corps. The purpose of the corps is to make available health personnel to rural…
- § 124655 Members of the California Health Services Corps may be assigned to the following categories of health services programs: (a) Any nonprofit primary care clinic…
- § 124660 Assignments shall be made in accordance with the following: (a) The authority of any person to supervise any member of the corps shall be subject to approval…
- § 124665 The director shall, by regulation, specify the salary schedules, other terms and conditions of employment, and reimbursement policies with respect to the…
- § 124670 Funds expended pursuant to this article may be used for any of the following purposes: (a) Expenses of the department in administering the program. (b)…
- § 124675 Assignments shall be made by the department without regard to ability of residents in areas to pay. Any provider or facility where a California Health Services…
- § 124680 No corps member may refuse needed service to any person because of inability to pay for such service, or refuse service to persons on account of their…
- § 124685 The director may, upon request, provide technical assistance to groups preparing applications for assignment of corps personnel.
ARTICLE 3. Health Services and Development Projects §§ 124700–124745 · 10 sections
- § 124700 The department shall plan and put into operation a number of health services development projects. The purpose of the projects shall be to demonstrate…
- § 124705 Applications may be made for funds for health services development projects and the projects may be initiated and operated by any agency, including, but not…
- § 124710 (a) (1) It is the intent of the Legislature that funds distributed under this section promote stability for participating clinics, as a part of the state’s…
- § 124715 The department may assist community agencies to develop grant proposals.
- § 124720 Project proposals shall be considered that address the health needs of rural populations, including, but not limited to, migratory and other agricultural…
- § 124725 Project funding shall be for up to three years. Continuation of funding for a project shall depend on progress toward achieving the goals of the project. The…
- § 124730 Each applicant shall form an advisory committee for the project. The advisory committee shall participate in all of the following: (a) Planning the project.…
- § 124735 Each grant for a project shall require the grantee agency to seek third-party reimbursements, including Medi-Cal and private insurance, for any person served…
- § 124740 State-operated projects shall be established only in accordance with all of the following: (a) The health of the population in a rural area would be…
- § 124745 (a) Notwithstanding any other provision of law, the department shall, to the extent that funds are available, provide to a grantee semiannual prospective…
ARTICLE 4. Coordination of Rural Health Programs §§ 124750–124785 · 7 sections
- § 124750 The director shall ensure the coordination of state efforts in rural health in order to maximize effective use of scarce medical resources and to coordinate…
- § 124760 The California Healthcare Workforce Policy Commission shall establish a plan that integrates family practice residencies and other health sciences education…
- § 124765 The California Healthcare Workforce Policy Commission, in coordination with the Rural Health Section of the department, shall designate the geographical rural…
- § 124770 The director shall utilize the authority to establish health manpower pilot projects pursuant to Article 1 (commencing with Section 128125) of Chapter 3 of…
- § 124775 Each proposal for health corps personnel or project application under Article 3 (commencing with Section 124700) shall be submitted to the appropriate county…
- § 124780 If the director decides to act contrary to the recommendation of a county or district health officer made pursuant to Section 124775, the director shall…
- § 124785 Nothing in the Primary Care Services Act (Section 27) shall affect the operation of local public health services contracted for by the department with other…
CHAPTER 6. Small and Rural Hospitals §§ 124800–124870 · 15 sections
- § 124800 The Legislature finds and declares all of the following: (a) Rural hospitals serve as the “hub of health,” and through that role attract and retain in their…
- § 124805 (a) The Legislature recognizes the need to strengthen, and in some cases salvage, rural hospitals to ensure that adequate access to services is provided to…
- § 124810 Unless the context otherwise requires, the definitions contained in this article govern the construction of this chapter.
- § 124815 “Department” means the State Department of Health Services.
- § 124820 “High-risk rural hospital,” means a hospital as defined in subdivision (a) of Section 124840 that can demonstrate through audited and interim financial reports…
- § 124825 The department shall, in consultation with an organization of interest, develop recommendations on the type and scope of technical assistance that needs to be…
- § 124830 “Director” means the State Director of Health Services.
- § 124835 “Organizations of interest” means nonprofit organizations that typically represent the interests of hospitals and health systems.
- § 124840 “Small and rural hospital” means an acute care hospital that meets either of the following criteria: (a) Meets the criteria for designation within peer group…
- § 124845 “Strategically located” means a hospital as defined in subdivision (a) of Section 124840 that, by virtue of its location, or the location of a major portion of…
- § 124850 The department shall provide expert technical assistance to strategically located, high-risk rural hospitals to assist the hospitals in carrying out an…
- § 124855 Any small and rural hospital may apply to the California Health Facilities Financing Authority for consideration under special eligibility programs if the…
- § 124860 (a) The department, after consultation with an organization of interest, shall select two strategically located, high-risk rural hospitals to plan and…
- § 124865 The department shall continue to provide regulatory relief when appropriate through program flexibility for such items as staffing, space, and physical plant…
- § 124870 (a) The department shall adopt regulations that will provide for an increase in reimbursement rates for outpatient services rendered to Medi-Cal patients by…
CHAPTER 7. Grants in Aid for Clinics §§ 124875–124945 · 13 sections
ARTICLE 1. Clinics §§ 124875–124890 · 4 sections
- § 124875 The Legislature finds and declares that: (a) In California there are approximately 300 community clinics and free clinics that provide primary health care at…
- § 124880 The department shall conduct a program of grants-in-aid for the following purposes: (a) To assist in stabilizing the health care operations of community…
- § 124885 The department shall annually receive and process grant applications submitted by eligible applicants, and shall allocate grant moneys in accordance with the…
- § 124890 In developing policies and priorities pertaining to the allocation of grant funds, the department shall give primary consideration to the following factors:…
ARTICLE 2. Primary Care §§ 124900–124945 · 9 sections
- § 124900 (a) (1) The State Department of Health Care Services shall select primary care clinics that are licensed under subparagraph (A) or (B) of paragraph (1) of…
- § 124905 For purposes of this article, a “program beneficiary” is any person whose income level is at or below 200 percent of the federal poverty level as adjusted…
- § 124910 (a) (1) Each licensed primary care clinic, as specified in subdivision (a) of Section 124900, applying for funds under this article, shall demonstrate in its…
- § 124911 (a) Commencing in the 1998–99 fiscal year, the department shall release a request for allocation of funds for a period of three succeeding fiscal years. The…
- § 124915 Services funded pursuant to this article shall be limited to the extent that funds are appropriated for this purpose.
- § 124920 (a) The department shall utilize existing contractual claims processing services in order to promote efficiency and to maximize use of funds. (b) The…
- § 124930 (a) For any condition detected as part of a child health and disability prevention screen for any child eligible for services under Section 104395, if the…
- § 124940 The use of funds granted pursuant to this article for use by school-based clinics shall be limited to those school-based clinics that were licensed and in…
- § 124945 Any entity or provider that receives funds pursuant to this article shall expend those funds in accordance with the requirements of Article 2 (commencing with…
PART 4.5. PAIN PATIENT'S BILL OF RIGHTS §§ 124960–124962 · 3 sections
- § 124960 The Legislature finds and declares all of the following: (a) The state has a right and duty to control the illegal use of opiate drugs. (b) Inadequate…
- § 124961 Nothing in this section shall be construed to alter any of the provisions set forth in Section 2241.5 of the Business and Professions Code. This section shall…
- § 124962 The Legislature finds and declares all of the following: (a) Nonpharmacological therapies for pain management have been proven effective for treatment of…
PART 4.6. Jacqueline Marie Zbur Rare Disease Advisory Council §§ 124965–124965.14 · 7 sections
- § 124965 (a) Upon appropriation by the Legislature, there is established, within the California Health and Human Services Agency, the Jacqueline Marie Zbur Rare Disease…
- § 124965.2 (a) The Secretary of Health and Human Services shall appoint the chair of the advisory council. The chair shall not hold any other position, employment, or…
- § 124965.6 (a) The advisory council shall meet periodically, but at least twice annually. (b) The advisory council may call to its assistance, and avail itself of the…
- § 124965.8 The advisory council shall perform all of the following duties: (a) Act as the advisory body on rare diseases to the Legislature, and state departments,…
- § 124965.10 The advisory council shall apply for, and accept, any grant of funds from the federal government, private foundations, or other sources that may be available…
- § 124965.12 The advisory council shall report on the activities of the advisory council and its findings and recommendations on issues relating to the quality and…
- § 124965.14 This part shall remain in effect only until January 1, 2029, and as of that date is repealed.
PART 5. HEREDITARY DISEASES/CONGENITAL DEFECTS §§ 124975–125292.10 · 128 sections
CHAPTER 1. Genetic Prevention Services §§ 124975–125119.5 · 37 sections
ARTICLE 1. Hereditary Disorders Act §§ 124975–124996 · 10 sections
- § 124975 The Legislature hereby finds and declares that: (a) Each person in the State of California is entitled to health care commensurate with his or her health care…
- § 124977 (a) It is the intent of the Legislature that, unless otherwise specified, the genetic disease testing program carried out pursuant to this chapter be fully…
- § 124980 The director shall establish any regulations and standards for hereditary disorders programs as the director deems necessary to promote and protect the public…
- § 124981 (a) A person shall not use the title of genetic counselor unless the person has applied for and obtained a license from the department. (b) The applicant for a…
- § 124982 (a) The department shall issue a temporary genetic counselor license to a person to practice as a licensed genetic counselor who meets all of the following:…
- § 124985 A violation of any of the provisions of the Hereditary Disorders Act (Section 27) or any of the regulations adopted pursuant to that act shall be punishable as…
- § 124990 For the purposes of the Hereditary Disorders Act (Section 27), hereditary disorders programs shall include, but not be limited to, all antenatal, neonatal,…
- § 124991 (a) (1) The Birth Defects Monitoring Program, within the State Department of Public Health, shall collect and store any umbilical cord blood samples it…
- § 124995 The following programs shall comply with the regulations established pursuant to the Hereditary Disorders Act, as defined in Section 27: (a) The California…
- § 124996 (a) The Genetic Disease Testing Fund is continued in existence as a special fund in the State Treasury. The department may charge a fee for any activities…
ARTICLE 2. Newborn Screening §§ 125000–125002 · 3 sections
- § 125000 (a) It is the policy of the State of California to make every effort to detect, as early as possible, phenylketonuria and other preventable heritable or…
- § 125001 (a) The department shall establish a program for the development, provision, and evaluation of genetic disease testing, and may provide laboratory testing…
- § 125002 (a) In order to align closely related programs and in order to facilitate research into the causes of, and treatment for, birth defects, the Birth Defects…
ARTICLE 2.5. California Biobank Program §§ 125010–125012 · 3 sections
- § 125010 Commencing July 1, 2026, and each July 1 thereafter, the State Department of Public Health shall generate a report that includes each of the following: (a) The…
- § 125011 Commencing July 1, 2026, and each July 1 thereafter, a report generated pursuant to this article shall be provided to the Legislature until the department has…
- § 125012 A report submitted to the Legislature pursuant to this article shall be submitted in compliance with Section 9795 of the Government Code.
ARTICLE 3. Sickle Cell Anemia §§ 125025–125035 · 3 sections
- § 125025 It is the policy of the State of California to make every effort to detect, as early as possible, sickle cell anemia, a heritable disorder that leads to…
- § 125030 The department may require that a test be given for sickle cell anemia pursuant to Section 125025 to any identifiable segment of the population that the…
- § 125035 The department is authorized to make grants or contracts for demonstration projects to determine the feasibility of alternate methods of testing for sickle…
ARTICLE 4. Prenatal Testing §§ 125050–125119.5 · 18 sections
- § 125050 The department shall administer a statewide program for the prenatal testing for genetic disorders and birth defects, including, but not limited to,…
- § 125055 The department shall: (a) Establish criteria for eligibility for the prenatal testing program. Eligibility shall include definition of conditions and…
- § 125060 The participation by any individual in the prenatal testing program shall be wholly voluntary and shall not be a prerequisite to eligibility for, or receipt…
- § 125065 All prenatal diagnosis centers shall meet standards developed by the department and shall agree to accept patients from state funded or administered programs,…
- § 125070 Laboratories licensed by the department shall not offer the maternal serum-alpha fetoprotein screening test for prenatal detection of neural tube defects of…
- § 125080 A licensed physician and surgeon or other person engaged in the prenatal care of a pregnant woman or attending the woman at the time of delivery shall obtain…
- § 125085 (a) As early as possible during prenatal care, a blood specimen obtained pursuant to Section 125080 shall be submitted to a clinical laboratory licensed by the…
- § 125090 (a) Subdivision (a) of Section 125085 shall not be applicable if the licensed physician and surgeon or other person engaged in the prenatal care of a pregnant…
- § 125092 The department, in consultation with the Office of AIDS and with other stakeholders, including, but not limited to, representatives of professional medical and…
- § 125095 The department may adopt regulations as it determines are reasonably necessary for the implementation of the Maternal and Child Health Program Act (Section 27).
- § 125100 (a) Clinical laboratories licensed by the department, approved public health laboratories, local health departments, physicians and surgeons, or other persons…
- § 125105 (a) The blood specimen and test results pursuant to subdivision (b) of Section 125085 shall be confidential and shall not be disclosed, except as otherwise…
- § 125107 (a) For purposes of this section, “prenatal care provider” means a licensed health care professional providing prenatal care within his or her lawful scope of…
- § 125110 The Maternal and Child Health Program Act (Section 27) shall not apply if the pregnant woman objects to the test required by that act on the ground that the…
- § 125118 (a) The State Department of Public Health shall develop guidelines for research involving the derivation or use of human embryonic stem cells in California.…
- § 125119 (a) (1) All research projects involving the derivation or use of human embryonic stem cells shall be reviewed and approved by a stem cell research oversight…
- § 125119.3 (a) Each stem cell research oversight committee that has reviewed human embryonic stem cell research pursuant to Section 125119 shall report to the department,…
- § 125119.5 (a) The department shall at least annually review reports from stem cell research oversight committees, and may revise the guidelines developed pursuant to…
CHAPTER 2. Genetic Disease Services §§ 125125–125286.35 · 37 sections
ARTICLE 1. Genetically Handicapped Persons Program §§ 125125–125191 · 16 sections
- § 125125 This article shall be known and may be cited as the Holden-Moscone-Garamendi Genetically Handicapped Persons Program.
- § 125130 (a) The Director of Health Care Services shall establish and administer a program for the medical care of persons with genetically handicapping conditions,…
- § 125135 As used in this article, “genetically handicapping condition” shall mean a disease that is accepted as being genetic in origin by the American Society of Human…
- § 125140 The program established under this article shall include any or all of the following medical and social support services: (a) Initial intake and diagnostic…
- § 125150 The director shall establish the rate structure for reimbursement of physicians and supportive services. The rates shall not be less than the amounts paid for…
- § 125155 Reimbursement under this article shall not be made for any services that are available to the recipient under any other private, state, or federal programs or…
- § 125155.1 (a) Any person found eligible for services under this article whose employer-sponsored health coverage is later terminated or any person who applied for…
- § 125157 (a) The department may require a client under this article to apply to enroll or otherwise participate in any other state or federal program or other…
- § 125160 The department shall receive and expend all funds made available to it by the federal government, the state, its political subdivisions or from other sources…
- § 125166 (a) Commencing July 1, 2009, except as provided in subdivision (d), each client determined or redetermined by the department to be eligible for services…
- § 125170 The department shall maintain sufficient, appropriate staff to carry out this article.
- § 125175 The health care benefits and services specified in this article, to the extent that the benefits and services are neither provided under any other federal or…
- § 125180 The department shall require all applicants to the program who may be eligible for cash grant public assistance or for Medi-Cal to apply for Medi-Cal…
- § 125185 (a) (1) By July 1, 2016, or a subsequent date determined by the department, Genetically Handicapped Persons Program (GHPP) requests for authorization of…
- § 125190 Notwithstanding any other law, the department is considered to be the purchaser, but not the dispenser or distributor, of blood factor products under the…
- § 125191 (a) The department may enter into contracts with one or more manufacturers on a negotiated or bid basis as the purchaser, but not the dispenser or distributor,…
ARTICLE 2. Long-Term Care for Degenerative Genetic Disease §§ 125200–125220 · 5 sections
- § 125200 The Legislature finds and declares that there are many persons in California who are victims of chronic and degenerative genetic conditions, who experience a…
- § 125205 The department and the State Department of Social Services shall, after consultation with the Genetically Handicapped Persons Program of the department and…
- § 125210 For the purposes of this article, chronic and degenerative diseases shall include those conditions that are neurological and neuromuscular in origin, including…
- § 125215 The department and the State Department of Social Services shall review regulations that currently provide disincentives to providers of in-home and…
- § 125220 The actions undertaken pursuant to this article shall not impose additional state obligations or expenditures for the care of persons with chronic and…
ARTICLE 3. Huntington’s Disease Research and Workshop Grants §§ 125225–125250 · 6 sections
- § 125225 The Legislature hereby finds and declares that: (a) Huntington’s disease is a chronic progressive inherited disorder of the central nervous system. (b) The…
- § 125230 The director may establish any rules or criteria for grants under this article as the director deems necessary.
- § 125235 There is hereby created a Scientific Advisory Review Committee. The membership of the committee shall be composed of 11 members who shall be representatives…
- § 125240 Pursuant to the rules or criteria as the director may deem necessary, the Scientific Advisory Review Committee shall review and recommend approval of grant…
- § 125245 The director may make grants as follows: (a) Individual research grants to scientists and facilities residing in this state that have research experience with…
- § 125250 Not more than 10 percent of any money appropriated for purposes of this article shall be utilized for the administration of this article.
ARTICLE 4. Alzheimer’s Disease §§ 125275–125285 · 4 sections
- § 125275 (a) The Legislature finds that Alzheimer’s disease, a devastating disease which destroys certain vital cells of the brain, affects more than 1,500,000…
- § 125280 (a) Any postsecondary higher educational institution with a medical center may establish diagnostic and treatment centers for Alzheimer’s disease subject to…
- § 125281 From funds appropriated to the department in the Budget Act of 2016 for these purposes, the department shall allocate funds to the diagnostic and treatment…
- § 125285 The department shall provide public and professional education on Alzheimer’s disease to educate consumers, caregivers, and health care providers, and to…
ARTICLE 5. Standards of Service for Providers of Blood Clotting Products for Home Use Act §§ 125286.10–125286.35 · 6 sections
- § 125286.10 This article shall be known, and may be cited, as the Standards of Service for Providers of Blood Clotting Products for Home Use Act.
- § 125286.15 The Legislature hereby finds and declares all of the following: (a) Hemophilia is a rare, hereditary, bleeding disorder affecting at least 4,000 persons in…
- § 125286.20 Unless the context otherwise requires, the following definitions shall apply for purposes of this article: (a) “Assay” means the amount of a particular…
- § 125286.25 Each provider of blood clotting products for home use shall meet all of the following requirements: (a) Have sufficient knowledge and understanding of bleeding…
- § 125286.30 The California State Board of Pharmacy shall administer and enforce this article.
- § 125286.35 Nothing in this article shall apply to either hospital pharmacies or health system pharmacies that dispense blood clotting products due only to emergency,…
CHAPTER 3. California Stem Cell Research and Cures Bond Act §§ 125290.10–125292.10 · 54 sections
ARTICLE 1. California Stem Cell Research and Cures Act §§ 125290.10–125290.80 · 21 sections
- § 125290.10 General—Independent Citizen’s Oversight Committee (ICOC) This chapter implements Article XXXV of the California Constitution, which established the California…
- § 125290.15 Creation of the ICOC There is hereby created the Independent Citizen’s Oversight Committee, hereinafter, the ICOC, which shall govern the institute and is…
- § 125290.20 ICOC Membership; Appointments; Terms of Office (a) ICOC Membership The ICOC shall have 35 members, appointed as follows: (1) The Chancellors of the University…
- § 125290.25 Majority Vote of Quorum Actions of the ICOC may be taken only by a majority vote of a quorum of the ICOC.
- § 125290.30 Public and Financial Accountability Standards (a) Annual Public Report The institute shall issue an annual report to the public which sets forth its…
- § 125290.35 Medical and Scientific Accountability Standards (a) Medical Standards In order to avoid duplication or conflicts in technical standards for scientific and…
- § 125290.40 ICOC Functions The ICOC shall perform the following functions: (a) Oversee the operations of the institute. (b) Develop annual and long-term strategic research…
- § 125290.45 ICOC Operations (a) Legal Actions and Liability (1) The institute may sue and be sued. (2) Based upon ICOC standards, institute grantees shall indemnify or…
- § 125290.50 Scientific and Medical Working Groups—General (a) The institute shall have, and there is hereby established, four separate scientific and medical working…
- § 125290.55 Scientific and Medical Accountability Standards Working Group (a) Membership The Scientific and Medical Accountability Standards Working Group shall have 19…
- § 125290.60 Scientific and Medical Research Funding Working Group (a) Membership The Scientific and Medical Research Funding Working Group shall have at least 23 members…
- § 125290.65 Scientific and Medical Facilities Working Group (a) Membership The Scientific and Medical Research Facilities Working Group shall have 11 members as follows:…
- § 125290.70 Appropriation and Allocation of Funding (a) Moneys in the California Stem Cell Research and Cures Fund shall be allocated as follows: (1) (A) No less than 97…
- § 125290.70.5 Appropriation and Allocation of Funding (a) Moneys in the California Stem Cell Research and Cures Fund shall be allocated as follows: (1) (A) No less than 95.5…
- § 125290.71 Under the guidance of the ICOC, the institute shall, by January 31, 2012, create a transition plan addressing the expiration of current bond funding. A copy of…
- § 125290.72 Expand Alpha Stem Cell Clinic Program and Establish Community Care Centers of Excellence Program (a) The institute shall expand the Alpha Stem Cell Clinic…
- § 125290.73 Scientific and Medical Training and Fellowship Programs (a) The institute shall establish training and fellowship programs. The goal of the training and…
- § 125290.74 Shared Research Laboratory Program (a) The institute shall reestablish a Shared Research Laboratory Program to provide funding to academic and nonprofit…
- § 125290.75 Treatments and Cures Accessibility and Affordability Working Group (a) Membership The Treatments and Cures Accessibility and Affordability Working Group shall…
- § 125290.76 Advisory Task Forces (a) Membership The chairperson and the president may appoint one or more advisory task forces to provide expert guidance to address…
- § 125290.80 The intellectual property standards that the ICOC develops shall include: (a) A requirement that each grantee or the exclusive licensee of the grantee submit a…
ARTICLE 2. California Stem Cell Research and Cures Bond Act of 2004 §§ 125291.10–125291.85 · 16 sections
- § 125291.10 This article shall be known, and may be cited, as the California Stem Cell Research and Cures Bond Act of 2004.
- § 125291.15 As used in this article, the California Stem Cell Research and Cures Bond Act of 2004, the following terms have the following meaning: (a) “Act” means the…
- § 125291.20 (a) Notwithstanding Section 13340 of the Government Code or any other provision of law, moneys in the fund are appropriated without regard to fiscal years to…
- § 125291.25 The proceeds of interim debt and bonds issued and sold pursuant to this article shall be deposited in the State Treasury to the credit of the California Stem…
- § 125291.30 Bonds in the total amount of three billion dollars ($3,000,000,000), not including the amount of any refunding bonds issued in accordance with Section…
- § 125291.35 The bonds authorized by this article shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law…
- § 125291.40 (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds and interim debt authorized by…
- § 125291.45 (a) The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this article in order to carry out the…
- § 125291.50 There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the…
- § 125291.55 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this…
- § 125291.60 For the purpose of carrying out this article, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts, not to exceed…
- § 125291.65 The institute may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the…
- § 125291.70 All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for…
- § 125291.75 The bonds issued and sold pursuant to this article may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of…
- § 125291.80 Notwithstanding any provision of this article or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this article that include a…
- § 125291.85 Inasmuch as the proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that term is used in Article XIIIB of the California…
ARTICLE 2.5. California Stem Cell Research, Treatments, and Cures Bond Act of 2020 §§ 125291.90–125291.165 · 16 sections
- § 125291.90 This article shall be known, and may be cited, as the California Stem Cell Research, Treatments, and Cures Bond Act of 2020.
- § 125291.95 As used in this article, the following terms have the following meanings: (a) “Act” means the California Stem Cell Research and Cures Act constituting this…
- § 125291.100 (a) Notwithstanding Section 13340 of the Government Code or any other provision of law, moneys in the fund are appropriated without regard to fiscal years to…
- § 125291.105 The proceeds of interim debt and bonds issued and sold pursuant to this article shall be deposited in the State Treasury to the credit of the California Stem…
- § 125291.110 Bonds in the total amount of five billion five hundred million dollars ($5,500,000,000), not including the amount of any refunding bonds issued in accordance…
- § 125291.115 The bonds authorized by this article shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law…
- § 125291.120 (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720)…
- § 125291.125 (a) The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this article in order to carry out the…
- § 125291.130 There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the…
- § 125291.135 Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this…
- § 125291.140 For purposes of carrying out this article, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts, not to exceed…
- § 125291.145 The institute may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in accordance with Section 16312 of the…
- § 125291.150 All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for…
- § 125291.155 The bonds issued and sold pursuant to this article may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of…
- § 125291.160 Notwithstanding any provision of this article or the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of…
- § 125291.165 The proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that term is used in Article XIIIB of the California…
ARTICLE 3. Definitions § 125292.10 · 1 section
- § 125292.10 Definitions As used in this chapter and in Article XXXV of the California Constitution, the following terms have the following meanings: (a) “Act” means the…
PART 5.5. USE OF HUMAN CELLS §§ 125300–125356 · 19 sections
CHAPTER 1. Embryo Registry §§ 125300–125320 · 4 sections
- § 125300 The policy of the State of California shall be that research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and…
- § 125305 (a) The department shall establish and maintain an anonymous registry of embryos that are available for research. The purpose of this registry is to provide…
- § 125315 (a) A physician and surgeon or other health care provider delivering fertility treatment shall provide his or her patient with timely, relevant, and…
- § 125320 (a) A person may not knowingly, for valuable consideration, purchase or sell embryonic or cadaveric fetal tissue for research purposes pursuant to this…
CHAPTER 1.5. Oocyte Retrieval For Fertility Treatment §§ 125325–125325.15 · 2 sections
- § 125325 (a) The person or entity posting an advertisement seeking oocyte donation associated with the delivery of fertility treatment that includes assisted oocyte…
- § 125325.15 The following definitions shall apply to this chapter: (a) “Assisted oocyte production” or “AOP” means surgical extraction of oocytes following…
CHAPTER 2. Procuring of Oocytes for Research §§ 125330–125356 · 13 sections
- § 125330 The following definitions apply to this chapter: (a) “Alternate method of oocyte retrieval” means a method of oocyte retrieval that does not involve the…
- § 125331 (a) As used in this chapter, “Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights” means a list of the rights of a…
- § 125335 (a) Prior to obtaining informed consent from a subject for AOP or any alternative method of ovarian retrieval on a subject for the purpose of procuring oocytes…
- § 125340 (a) Prior to providing AOP or any alternative method of ovarian retrieval to a research participant for the purposes of medical research or development of…
- § 125341 An institutional review board (IRB) that reviews and approves medical and scientific research shall require all of the following of any research program or…
- § 125342 (a) A research program or project that involves AOP or any alternative method of oocyte retrieval shall ensure that a written record is established and…
- § 125343 Any employee who works in the unit conducting stem cell research using human oocytes, persons who report to, or are supervised by, the principal investigator…
- § 125344 The physician and surgeon performing the AOP or any alternative method of oocyte retrieval shall not have a financial interest in the outcome of the research.
- § 125345 Pursuant to guidelines adopted by the Research Council and Institute of Medicine of the National Academies, researchers shall offer subjects an opportunity to…
- § 125346 Any procedures for procuring oocytes in this state for research or the development of medical therapies shall meet all of the standards for subjects included…
- § 125350 No human oocyte or embryo shall be acquired, sold, offered for sale, received, or otherwise transferred for valuable consideration for the purposes of medical…
- § 125355 (a) No payment in excess of the amount of reimbursement of direct expenses incurred as a result of the procedure shall be made to any subject to encourage the…
- § 125356 If an individual providing human oocytes for the purposes of fertility is compensated, and any human oocytes or embryos in excess of those needed for fertility…
PART 7. CHRONIC DISEASE SERVICES §§ 125500–125555 · 12 sections
CHAPTER 1. Kidney Diseases-Chronic Uremia §§ 125500–125545 · 10 sections
- § 125500 (a) Up to four regional dialysis centers with up to two in the northern and up to two in the southern part of the state, shall be established for the treatment…
- § 125505 The dialysis centers shall be designed primarily to provide lifesaving dialysis services to approximately 30 patients in each center. Funds shall be provided…
- § 125510 The dialysis centers shall also serve to provide training for medical and nursing personnel who will carry out dialysis services in other communities in the…
- § 125515 The director shall appoint a review committee, upon nomination of the represented party, not to exceed nine members, at least four of whom shall be physicians,…
- § 125520 The dialysis centers may also receive and make use of any outside source of funds that may become available from federal, voluntary, philanthropic, or other…
- § 125525 No resident of this state shall be denied treatment in any of the regional dialysis centers because of his or her place of residence, so long as he or she is…
- § 125530 The funds that are provided by the state shall only be expended for the construction and equipment of the regional dialysis centers; equipment for and…
- § 125535 The department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the Department of Benefit…
- § 125540 The department shall have possession and control of all records, papers, equipment, and supplies held for the benefit or use of the Director of Benefit…
- § 125545 All officers and employees of the Director of Benefit Payments who, on July 1, 1978, are serving in the state civil service, other than as temporary employees,…
CHAPTER 2. Home Dialysis Training Center §§ 125550–125555 · 2 sections
- § 125550 Up to three home dialysis training centers shall be established for the purpose of training persons suffering from chronic uremia for home dialysis. Each…
- § 125555 Each center shall contain approximately four dialysis bed units. The department shall grant to each center fifty thousand dollars ($50,000) during the first…
PART 8. ADULT HEALTH §§ 125700–125710 · 6 sections
CHAPTER 1. California Osteoporosis Prevention and Education Act §§ 125700–125710 · 6 sections
- § 125700 This chapter shall be known and may be cited as the “California Osteoporosis Prevention and Education Act.”
- § 125701 It is the intent of the Legislature to promote public awareness of the causes of and options for the prevention of osteoporosis, to educate the public…
- § 125702 There is hereby created within the department the California Osteoporosis Prevention and Education Program. The target population for this program shall be…
- § 125703 The department shall, in consultation with the California Department of Aging, do all of the following in the establishment of the program: (a) Promote public…
- § 125704 In consultation with the advisory panel convened pursuant to subdivision (c) of Section 125703, the department shall develop effective protocols for the…
- § 125710 The director shall seek private sector financial support, grants, and other appropriate moneys to support the California Osteoporosis Prevention and Education…
PART 10. MALE CIRCUMCISION § 125850 · 1 section
- § 125850 (a) The Legislature finds and declares as follows: (1) Male circumcision has a wide array of health and affiliative benefits. (2) This section clarifies…