PART 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES [100100. - 100922.]

Part 1 added by Stats. 1995, Ch. 415, Sec. 3.

§§ 100100–100922 · 103 sections

CHAPTER 1. Organization of the Department §§ 100100–100140 · 9 sections
- § 100100 There is in the state government in the California Health and Human Services Agency, a State Department of Health Services which, effective July 1, 2007, is…
- § 100105 (a) The department is under the control of an executive officer known as the Director of Health Care Services, who shall be appointed by the Governor, subject…
- § 100110 The director shall have the powers of a head of the department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the…
- § 100115 There is in the department a Division of Rural Health. The division shall administer Chapter 3 (commencing with Section 124550) and Chapter 4 (commencing with…
- § 100120 All officers or employees of the department employed after July 1, 1978, shall be appointed by the director.
- § 100125 Notwithstanding any other provision of state law, the department shall develop a proposal for consolidation of various programs affecting the health of mothers…
- § 100130 Each state level consolidation proposal shall include plans for the development of the following: (a) Common eligibility standards for programs included within…
- § 100135 The director may seek and grant waivers that the department determines are reasonably necessary for the implementation of the department’s proposed…
- § 100140 It is the intent of the Legislature that the duties and responsibilities provided for in Sections 100125 and 100130 be accomplished by utilizing existing staff…
CHAPTER 1.5. Health and Welfare Agency Report on Long-Term Care §§ 100145–100147 · 2 sections
- § 100145 The Legislature finds and declares that for older persons and persons with disabilities all of the following apply: (a) Long-term care consumers experience…
- § 100147 For purposes of this chapter, the following definitions shall apply: (a) “Long-term care” means a coordinated continuum of preventive, diagnostic, therapeutic,…
CHAPTER 2. General Powers of the Department §§ 100150–100335 · 28 sections
1. ARTICLE 1. General Provisions §§ 100150–100236 · 10 sections
  - § 100150 The State Department of Health Services succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State…
  - § 100155 The department may use the unexpended balance of funds available for use in connection with the performance of the functions of the State Department of Health…
  - § 100160 All officers and employees of the State Department of Health heretofore performing any duty, power, purpose, responsibility, or jurisdiction to which the…
  - § 100165 The department shall have possession and control of all records, papers, officers, equipment, supplies, moneys, funds, appropriations, land or other property,…
  - § 100170 (a) The department may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes: (1) To enforce its…
  - § 100171 Notwithstanding any other provision of law, whenever the department is authorized or required by statute, regulation, due process (Fourteenth Amendment to the…
  - § 100185.5 (a) When a letter or order of denial of continued enrollment or suspension of any type or duration, based upon fraud or abuse, or a suspension of payments…
  - § 100220 With the approval of the Department of Finance, and for use in the furtherance of the work of the department, the director may accept (a) grants of interest in…
  - § 100235 (a) The department shall annually reimburse the Robert F. Kennedy Farm Workers Medical Plan for claim payments that exceed fifty thousand dollars ($50,000)…
  - § 100236 (a) Within 60 days of enactment of the Budget Act, the department shall advance to a local health department 25 percent of the annual General Fund allocation,…
2. ARTICLE 1.5. Inclusion of Women and Minorities in Clinical Research Act. §§ 100237–100239 · 3 sections
  - § 100237 (a) This article shall be known, and may be cited as, the “Inclusion of Women and Minorities in Clinical Research Act.” (b) For purposes of this article, the…
  - § 100238 (a) In conducting or supporting a project of clinical research, a grantee shall, except as provided in subdivision (b) or (e), do all of the following: (1)…
  - § 100239 (a) Pursuant to Section 439.904, state agencies shall, and it is the intent of the Legislature that the University of California, include, in appropriate…
3. ARTICLE 2. State Laboratories §§ 100250–100255 · 2 sections
  - § 100250 The department shall maintain a laboratory and branch laboratories as may be necessary to perform the microbiological, physical and chemical analyses required…
  - § 100255 The department may prepare or purchase biological products and distribute them at cost.
4. ARTICLE 3. Regulatory Authorization and Review §§ 100275–100315 · 9 sections
  - § 100275 (a) The department may adopt and enforce regulations for the execution of its duties. (b) All regulations heretofore adopted by the department or its…
  - § 100280 (a) The director shall adopt emergency regulations pursuant to Section 1267.7 implementing Chapter 327 of the Statutes of 1982, effective July 1, 1983, in…
  - § 100285 (a) Notwithstanding Section 11346.1 of the Government Code regarding the duration of emergency regulations, any regulations adopted by the director pursuant to…
  - § 100290 Notwithstanding any other provision of law, the department shall submit all of its regulations on matters related to statutory responsibilities delegated to or…
  - § 100295 The department, after consultation with and approval by the Conference of Local Health Officers, shall by regulation establish standards of education and…
  - § 100300 When a dispute arises as to the interpretation or enforcement of regulations of the department that are being enforced by a city, city and county, county, or…
  - § 100305 Notwithstanding any other provision of law, the department by regulation may provide for the issuance and renewal on a two-year basis of licenses, certificates…
  - § 100310 Notwithstanding any other provision of law, but to the extent consistent with applicable federal law or regulation, the director may, after a request by a…
  - § 100315 (a) The department and as applicable, the California Department of Aging, the State Department of Public Health, and the State Department of Social Services,…
5. ARTICLE 4. Population, Public Health, and Environmental Study §§ 100325–100335 · 4 sections
  - § 100325 The department shall cause special investigations of the sources of morbidity and mortality and the effects of localities, employments, conditions and…
  - § 100330 All records of interviews, written reports, and statements procured by the department or by any other person, agency, or organization acting jointly with the…
  - § 100333 (a) The department shall annually compile and publish the laws relating to the use, handling, transportation, storage, and disposal of hazardous materials,…
  - § 100335 The department may do all of the following activities: (1) Make a continuing study of births, deaths, marriages, and divorces, in order to provide a continuing…
CHAPTER 3. Additional Administrative Provisions §§ 100350–100575 · 24 sections
1. ARTICLE 1. Advance Payments to Small Contractors § 100350 · 1 section
  - § 100350 The Legislature finds that many programs of the department are hindered by the length of time required for the state to execute contracts and pay vendor…
2. ARTICLE 2. Public Health Federal Fund §§ 100375–100390 · 4 sections
  - § 100375 The Public Health Federal Fund in the State Treasury is hereby created. All grants of money received by the state from the United States, the expenditure of…
  - § 100380 All money in the Public Health Federal Fund is hereby appropriated to the department, without regard to fiscal years, for expenditure for the purposes for…
  - § 100385 The department and the Controller shall keep a record of the classes and sources of income deposited in, or transferred to, the Public Health Federal Fund, and…
  - § 100390 The Director of Finance and the Controller may approve any general plan that meets the following requirements: (a) Any expenditures that are a proper charge…
3. ARTICLE 3. Special Deposit Funds § 100400 · 1 section
  - § 100400 All grants or donations of money received by the state from sources other than the United States, the expenditure of which is administered through or under the…
4. ARTICLE 4. Fees or Charges for Issuance and Renewal of Documents §§ 100425–100450 · 5 sections
  - § 100425 (a) The fees or charges for the issuance or renewal of any permit, license, registration, or document pursuant to Sections 1676, 1677, 2805, 11839.25, 103625,…
  - § 100430 (a) (1) The fees or charges for a record search or for the issuance of any license, permit, registration, or any other document pursuant to Section 26840 of…
  - § 100435 For the fee specified in Section 26840 of the Government Code, the adjustment authorized by Section 100430 shall apply only to the portion of the fee…
  - § 100440 For the fee specified in subdivision (c) of Section 103625, the adjustment authorized by Section 100430 shall apply to the additional fee charged to applicants…
  - § 100450 (a) The fees or charges required to accompany an application for the issuance or renewal of any license pursuant to Section 1300 of the Business and…
5. ARTICLE 6. Richmond Laboratory and Office Facility §§ 100500–100510 · 3 sections
  - § 100500 (a) The Director of General Services may acquire real property in order to construct a laboratory and office facility or remodeling an existing facility in the…
  - § 100505 The Legislature finds and declares all of the following: (a) It is in the state’s interest to utilize fully state real property assets. (b) The State…
  - § 100510 (a) It is the intent of the Legislature that the property at 2151 Berkeley Way in the City of Berkeley be conveyed to the University of California pursuant to…
6. ARTICLE 7. Contract Uniformity §§ 100525–100540 · 4 sections
  - § 100525 It is the Legislature’s intent in enacting this article to promote efficiency in the administration of multiple contracts between nonprofit organizations and…
  - § 100530 Notwithstanding any other provision of law, the department shall review the following categorical programs and develop a procedure by which a contracting…
  - § 100535 Nothing contained in this article shall conflict with any mandate imposed by laws or regulations of the state or federal government.
  - § 100540 The department shall take the steps necessary to achieve uniformity among contracts.
7. ARTICLE 8. Consolidation of Contracts §§ 100550–100570 · 5 sections
  - § 100550 Notwithstanding any other provisions of state law or any division in the allocation of funds in the Budget Act, the department may, within its authority to…
  - § 100555 To the extent that a reduction in administrative costs would thereby result, any agency or agencies authorized to conduct audits under any state health…
  - § 100560 Notwithstanding any other provision of state law, any contract under this article shall be subject to review and approval by the Department of General Services.
  - § 100565 No provision of this article shall be construed to prohibit the department from providing under any contract entered into under this article for reimbursement…
  - § 100570 In order to implement this article, the department may establish a single account wherein all funds for eligible programs may be deposited for purposes of…
8. ARTICLE 9. Pest Spray Reports § 100575 · 1 section
  - § 100575 (a) By the 10th of each month, a person engaged in the business of pest control under the authority of a license issued pursuant to Article 1 (commencing with…
CHAPTER 4. Regulation of Laboratory Services §§ 100700–100922 · 40 sections
1. ARTICLE 1. (Reserved)
2. ARTICLE 2. Licensing of Laboratories §§ 100700–100775 · 6 sections
  - § 100700 (a) (1) Except as provided in paragraph (2), laboratories engaged in the performance of forensic alcohol analysis tests by or for law enforcement agencies on…
  - § 100701 All laboratories that are subject to the requirements of Section 100700 shall ensure that breath alcohol instruments and calibrating devices used in testing…
  - § 100702 (a) All laboratories that are subject to the requirements of Section 100700 shall follow the American Society of Crime Laboratory Directors/Laboratory…
  - § 100703 (a) On or before July 1, 2005, the department shall establish a review committee. (b) The review committee shall have eight members, including one person…
  - § 100725 On or after January 1, 1971, the department shall enforce this chapter and regulations adopted by the department.
  - § 100775 Any ampoules and their contents employed in a breath alcohol analysis test may be destroyed by the law enforcement agency in possession of them one year after…
3. ARTICLE 3. Environmental Laboratories §§ 100825–100920.5 · 32 sections
  - § 100825 (a) This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act. (b) Laboratories that perform analyses on any combination…
  - § 100827 (a) A laboratory accredited by the state board shall report, in a timely fashion and in accordance with the request for analysis, the full and complete results…
  - § 100829 The State Water Resources Control Board may do all of the following related to accrediting environmental laboratories in the state: (a) Offer both state…
  - § 100830 The department may do all of the following: (a) Adopt regulations establishing requirements for both types of accreditation. The regulations shall include, but…
  - § 100832 All regulations adopted by the department pursuant to this article, as they read immediately preceding January 1, 2006, shall remain in full force and effect…
  - § 100837 The state board may contract with approved third-party laboratory assessor bodies in accordance with the criteria developed by the TNI or a federal agency.
  - § 100840 Any laboratory requesting ELAP certification or TNI accreditation under this article shall file with the state board an application on forms prescribed by the…
  - § 100845 (a) Each certificate issued pursuant to this article for ELAP certification shall be issued to the owner of the laboratory and shall expire 24 months from the…
  - § 100847 (a) The period of accreditation for TNI accredited laboratories shall be 12 months. An application for renewal shall be filed with the state board prior to the…
  - § 100850 (a) Upon the filing of an application for ELAP certification or TNI accreditation and after a finding by the state board that there is full compliance with…
  - § 100851 (a) An application for TNI accreditation or renewal of TNI accreditation shall be denied by the accrediting body for any of the following reasons: (1) Failure…
  - § 100852 (a) Notwithstanding any other law, the state board may issue a certificate to the owner of a laboratory in a field of testing or method adopted by the federal…
  - § 100855 Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by…
  - § 100860.1 (a) At the time of application for ELAP certification and annually thereafter, from the date of the issuance of the certificate, a laboratory shall pay an ELAP…
  - § 100862 (a) At the time of application for TNI accreditation and annually thereafter, from the date of the issuance of the accreditation, a laboratory shall pay a TNI…
  - § 100863 The department shall appoint a multidisciplinary committee to assist, advise, and make recommendations regarding technical, scientific, and administrative…
  - § 100865 (a) In order to carry out the purpose of this article, any duly authorized representative of the state board may do the following: (1) Enter and inspect a…
  - § 100870 (a) Any laboratory that is ELAP certified or holds TNI accreditation or has applied for ELAP certification or TNI accreditation or for renewal of ELAP…
  - § 100872 (a) An ELAP certified laboratory shall successfully analyze proficiency testing samples for those fields of testing for which they are certified, not less than…
  - § 100875 Whenever the state board determines that any laboratory has violated or is violating this article or any certificate, regulation, or standard issued or adopted…
  - § 100880 If the state board determines that a laboratory is in violation of this article or any regulation or order issued or adopted pursuant to this article, the…
  - § 100885 (a) Any person who operates a laboratory that performs work that requires certification or TNI accreditation under Section 25198, 25298.5, 78510, 110490, or…
  - § 100886 Any person who operates a laboratory for the purposes specified in Section 25198, 25298.5, 78510, or 116390 of this code, or Section 13176 of the Water Code,…
  - § 100890 (a) Any person who knowingly makes any false statement or representation in any application, record, or other document submitted, maintained, or used for…
  - § 100895 (a) Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000)…
  - § 100900 The remedies provided by this article are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the…
  - § 100905 The department may suspend or revoke any certificate issued under of this article for any of the following reasons: (a) Violation by the owner of the…
  - § 100907 (a) The state board shall revoke, in whole or in part, the accreditation of a TNI accredited laboratory for either of the following reasons: (1) Failure to…
  - § 100910 (a) The state board, after providing notice to the owner of the laboratory and opportunity for a hearing, may suspend or revoke an ELAP certification or TNI…
  - § 100915 (a) (1) The state board may temporarily suspend, in whole or in part, ELAP certification or TNI accreditation prior to any hearing, when it has determined that…
  - § 100920 Fees and civil penalties collected under this article shall be deposited in the Environmental Laboratory Improvement Fund, that is hereby created. Moneys in…
  - § 100920.5 (a) Within 30 days after service of a copy of a decision or order issued by the state board under this chapter, an aggrieved party may file with the superior…
4. ARTICLE 4. Freestanding Cardiac Catheterization Laboratories §§ 100921–100922 · 2 sections
  - § 100921 The Legislature finds and declares that: (a) A pilot program was established by the Office of Statewide Health Planning and Development to test the feasibility…
  - § 100922 (a) Notwithstanding any other provision of law, a freestanding cardiac catheterization laboratory that as of December 31, 1993, was in active status in the…