reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 1 - Organization of the Department › Section 100115.

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 Section 124575) of Part 4 of Division 106, Section 101300, and Article 1 (commencing with Section 124600) of Chapter 5 of Part 4 of Division 106.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 1 - Organization of the Department › Section 100120.

100120. All officers or employees of the department employed after July 1, 1978, shall be appointed by the director.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 1 - Organization of the Department › Section 100130.

100130. Each state level consolidation proposal shall include plans for the development of the following:
(a)  Common eligibility standards for programs included within the consolidated proposal, or, if federal law requires different eligibility standards for these programs, a common method for determining eligibility.
(b)  A single form for the collection of necessary data from individuals, or a uniform format shared by all programs included in the consolidated proposal.
(c)  A single form for reporting service delivery to the state.
(d)  Shared plans, budgets, and fiscal accountability mechanisms, including audit procedures.
(e)  Common intake points for services included in the consolidated system, that include eligibility determination, referral services, and follow through.
(f)  A unified case management system.
(g)  A method of determining the needs of, and developing services for, special populations.
(h)  Implementation plans that propose solutions to any identified significant barriers or gaps in service.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 1 - Organization of the Department › Section 100135.

100135. The director may seek and grant waivers that the department determines are reasonably necessary for the implementation of the department’s proposed consolidations.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 1 - Organization of the Department › Section 100140.

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 resources, and that no additional funding be provided other than that appropriated by the Legislature in the annual Budget Act.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 1.5 - Health and Welfare Agency Report on Long-Term Care › Section 100145.

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 great differences in service levels, eligibility criteria and service availability that often results in inappropriate and expensive care that is not responsive to individual needs.
(b)  Individuals requiring long-term care services are most often the best judges of their own needs. Consequently, they should share the responsibility for designing the overall long-term care delivery system.
(c)  The laws governing long-term care facilities have established an uncoordinated array of long-term care services that are funded and administered by a state structure that lacks necessary integration and focus.
(d)  Article 4.05 (commencing with Section 14139.05) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code sets forth the state’s public policy strategy to address this problem through an approach that provides the opportunity for a community to design and implement a coordinated services delivery system with the involvement of long-term care consumers in the decisionmaking process.
(e)  The Long-Term Care Integration Pilot Projects were developed to test models for service integration, with the goal of providing a continuum of social and health services that foster independence and self-reliance, maintain individual dignity, and allow consumers of long-term care services to remain an integral part of their family and community life.
(f)  The adoption of the Mello-Granlund Older Californians Act (Division 8.5 (commencing with Section 9000) of the Welfare and Institutions Code) sought to improve the integration of available services at the local level and enhance the development of systems of home and community-based services.
(g)  Obstacles currently preventing the integration of long-term care programs and oversight at the state level include all of the following: inflexible and inconsistent funding sources, economic incentives that encourage the placement of consumers in the highest levels of care, lack of coordination between aging, health, and social service departments at the state level, and inflexible state and federal regulations.
(h)  It is both necessary and urgent to restructure long-term care programs and oversight at the state level so that duplicative and confusing eligibility criteria, assessments, intake forms, and service limitations will not continue to inhibit consumer satisfaction, impede improvements in consumer health status, and perpetuate the ineffective use of state resources.
(Added by Stats. 1997, Ch. 269, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 1.5 - Health and Welfare Agency Report on Long-Term Care › Section 100147.

100147. For purposes of this chapter, the following definitions shall apply:
(a)  “Long-term care” means a coordinated continuum of preventive, diagnostic, therapeutic, rehabilitative, supportive, and maintenance services that address the health, social and personal needs of older individuals and functionally-impaired adults who have restricted self-care capabilities. Long-term care may include licensed nursing facilities, adult residential care facilities, residential care facilities for the elderly, and home and community-based services.
(b)  “Systems of home and community based services” means an integrated continuum of service options available locally to older individuals and functionally-impaired adults through programs administered by the state for persons who seek to maximize self-care and independent living in the home or home-like environment.
(Added by Stats. 1997, Ch. 269, Sec. 1. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100150.

100150. The State Department of Health Services succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Department of Health as they relate to public health, licensing and certification of health facilities, except community care facility licensing to which the State Department of Social Services succeeds, and any other functions performed by the Division of Public Health of the State Department of Health on July 1, 1978, unless the function is transferred to a different state agency or department as a result of another provision of the statutes of the 1977–78 Regular Session of the Legislature amending this section.
“State department,” “department,” or “State Department of Health” as used in this code, except in Article 7.5 (commencing with Section 416) of Chapter 2 of Part 1 of Division 1 or as otherwise specified in this code, means the State Department of Health Services.
The Office of Statewide Health Planning and Development shall assume the functions and responsibilities of the Facilities Construction Unit of the former State Department of Health, including, but not limited to, those functions and responsibilities performed pursuant to the following provisions of law: Sections 13113 and 127050; Article 1 (commencing with Section 129000) of Chapter 1 of, and Chapter 2 (commencing with Section 129375) of, Part 6 of, and Part 7 (commencing with Section 129675) of, Division 107.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100155.

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 to which the department has succeeded pursuant to Section 100150.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100160.

100160. All officers and employees of the State Department of Health heretofore performing any duty, power, purpose, responsibility, or jurisdiction to which the department has succeeded, who, on July 1, 1978, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the department by Section 100150 shall be transferred to the department. The status, positions, and rights of these persons shall not be affected by the transfer and shall be retained by them as officers and employees of the department, pursuant to the State Civil Service Act except as to positions exempted from civil service.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100165.

100165. The department shall have possession and control of all records, papers, officers, equipment, supplies, moneys, funds, appropriations, land or other property, real or personal, held for the benefit or use of any state agency whose functions are vested in the department by Section 100150.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100170.

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 regulations.
(2) To compel the performance of any act specifically enjoined upon any person, officer, or board, by any law of this state relating to its powers and duties.
(b) It may defend all actions and proceedings involving its powers and duties.
(c) In all actions and proceedings it shall sue and be sued under the name of the department.
(Amended by Stats. 2006, Ch. 241, Sec. 18. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100220.

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 real property, and (b) gifts of money from public agencies or from organizations or associations organized for scientific, educational, or charitable purposes.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100235.

100235. (a) The department shall annually reimburse the Robert F. Kennedy Farm Workers Medical Plan for claim payments that exceed seventy thousand dollars ($70,000) made by the plan on behalf of an eligible employee or dependent for a single episode of care on or after September 1, 2016. This reimbursement shall not exceed three million dollars ($3,000,000) per year.
(b) To seek reimbursement, commencing after September 1, 2017, and annually thereafter, the plan shall submit to the department completed data, verified by an independent certified public accountant, for claims paid by the plan for services during the preceding year from September 1 to August 31, inclusive.
(c) (1) If the department receives claims data from the plan pursuant to subdivision (b), the department shall analyze that data to determine the aggregate amount of claims that exceed seventy thousand dollars ($70,000) paid by the plan on behalf of an eligible employee or dependent for any single episode of care.
(2) No later than 60 days after the department receives claims data submitted by the plan, the department shall reimburse the plan the amount determined pursuant to paragraph (1), up to the amount of three million dollars ($3,000,000) per year.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2031, deletes or extends that date.
(Amended by Stats. 2023, Ch. 333, Sec. 1. (AB 494) Effective January 1, 2024. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 100236.

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, subvention, or reimbursement required by a local health department for the delivery of services specified in subdivision (b). In determining the dollar amount of the 25 percent allocation, subvention, or reimbursement, the department shall use the local health department’s prior year’s or the most recently completed fiscal year’s allocation.
(b)  Subdivision (a) shall apply to the following health programs and General Fund funding sources:
(1)  Funding for administration for the California Children’s Services Program (Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106).
(2)  Funding for medical therapy for the California Children’s Services Program (Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106).
(3)  Funding for administration for the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106).
(4)  Funding for HIV education and prevention services under Section 100119.
(c)  This section shall not apply to a local health department that is three or more quarters in arrears in billing the state for the programs specified in subdivision (b).
(d)  For purposes of this section, “local health department” has the same meaning as that set forth in Section 101185.
(Added by Stats. 1999, Ch. 847, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1.5 - Inclusion of Women and Minorities in Clinical Research Act. › Section 100237.

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 following definitions and descriptions shall apply:
(1)  “Grantee” means any qualified public, private, or nonprofit agency or individual, including, but not limited to, colleges, universities, hospitals, laboratories, research institutions, local health departments, voluntary health agencies, health maintenance organizations, corporations, students, fellows, entrepreneurs, and individuals conducting clinical research using state funds. A grantee may also be a corporation that is headquartered in California and that conducts research using state funds.
(2)  “Minority group” shall be defined pursuant to the definition in the 1993 National Institutes of Health guidelines.
(3)  “Project of clinical research” includes a clinical trial.
(Added by Stats. 2000, Ch. 250, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1.5 - Inclusion of Women and Minorities in Clinical Research Act. › Section 100238.

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)  Ensure that women, including, but not limited to, women over the age of 40 years, are included as subjects in each research project.
(2)  Ensure that minority groups are included as subjects in each research project.
(3)  Conduct or support outreach programs for the recruitment of women and members of minority groups as subjects in projects of clinical research.
(b)  The requirement established in subdivisions (a) and (d) regarding women and members of minority groups shall not apply to a project of clinical research if the inclusion, as subjects in the project, of women and minority groups is inappropriate for either of the following reasons:
(1)  With respect to the health and safety of the subjects.
(2)  With respect to the purpose of the research.
(c)  In the case of any clinical trial in which women or members of minority groups will, under subdivision (a), be included as subjects, a grantee shall ensure that the trial is designed and carried out in a manner sufficient to provide for a valid analysis of whether the variables being studied in the trial affect women or members of minority groups, as the case may be, differently than other subjects in the trial.
(d)  In any grant, or in any contract by a grantee under a grant, the grantee or contracting party shall acknowledge, agree to, and be bound by, the terms of this section.
(e)  If a grantee is in compliance with the 1993 National Institutes of Health guidelines, the grantee shall be deemed to be in compliance with this section.
(Added by Stats. 2000, Ch. 250, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 1.5 - Inclusion of Women and Minorities in Clinical Research Act. › Section 100239.

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 periodic progress reports required under existing law, data on the extent to which state funds administered by those agencies and the University of California, or both, are used by grantees to support research on diseases, disorders, and health conditions that includes women and minorities in the research trials, and that studies diseases, disorders, and health conditions of particular concern to women and minorities.
(b)  It is the intent of the Legislature that research shall include, but not be limited to, cardiovascular diseases, cancer, Alzheimer’s disease, HIV and AIDS, sickle-cell anemia, obesity, mental illness, arthritis, and osteoporosis.
(Added by Stats. 2000, Ch. 250, Sec. 1. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 2 - State Laboratories › Section 100250.

100250. The department shall maintain a laboratory and branch laboratories as may be necessary to perform the microbiological, physical and chemical analyses required to meet the responsibilities of the department.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 2 - State Laboratories › Section 100255.

100255. The department may prepare or purchase biological products and distribute them at cost.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100275.

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 predecessors relating to public health, the licensing and certification of health facilities, except the licensing of community care facilities, or any other function performed by the Division of Public Health of the department, and in effect immediately preceding July 1, 1978, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the director or as otherwise provided by Section 25 or other provisions of law. This subdivision shall not apply to any regulation relating to a function transferred to a different state agency or department as a result of another provision of the statutes enacted during the 1977–78 Regular Session.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100280.

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 accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of regulations shall be deemed to be an emergency, and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(b)  Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, regarding the duration of emergency regulations, any regulations adopted by any state agency in order to implement this section, shall remain in effect until June 30, 1984.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100285.

100285. (a)  Notwithstanding Section 11346.1 of the Government Code regarding the duration of emergency regulations, any regulations adopted by the director pursuant to Section 100280 and in effect on June 27, 1984, shall remain in effect until emergency regulations adopted pursuant to subdivision (b) become effective.
(b)  The director shall adopt emergency regulations pursuant to Section 1267.7, to be effective August 1, 1984, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(c)  The director shall transmit emergency regulations adopted pursuant to subdivision (b) directly to the Secretary of State for filing, and the regulations shall become effective immediately upon filing.
(d)  Upon completion of the formal regulation adoption process and prior to the expiration of the 120-day duration period of emergency regulations, the director shall transmit directly to the Secretary of State for filing the adopted regulations, the rulemaking file, and the certification of compliance, as required by subdivision (e) of Section 11346.1 of the Government Code.
(e)  Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any regulations adopted by the director pursuant to this section and any documentation filed with those regulations shall not be subject to any review, approval, disapproval, or repeal by the Office of Administrative Law.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100290.

100290. Notwithstanding any other provision of law, the department shall submit all of its regulations on matters related to statutory responsibilities delegated to or enforced by local health departments, except emergency regulations, to the California Conference of Local Health Officers for review and comment prior to adoption. If the department deems it appropriate to implement the proposed regulations or parts thereof, contrary to the recommendations of the conference, the department shall make a public finding summarizing the reasons for acting contrary to these recommendations.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100295.

100295. The department, after consultation with and approval by the Conference of Local Health Officers, shall by regulation establish standards of education and experience for professional and technical personnel employed in local health departments and for the organization and operation of the local health departments. These standards may include standards for the maintenance of records of services, finances and expenditures, that shall be reported to the director in a manner and at times as the director may specify.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100300.

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 district, a request for clarification or interpretation may be submitted to the department. The department shall make a determination of the proper interpretation and required enforcement when so requested by a party to the dispute.
In making its determination the department may conduct a hearing where all interested parties may present relative comments or arguments.
Determinations of the department made pursuant to this section shall be transmitted to the concerned local agency and the involved party or parties within 60 days after the receipt of the request. The determination of the department shall be binding upon the local agency and the parties subject to the regulations of the department, except when the matter may be subject to judicial review.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100305.

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 of registration, or other indicia of authority issued pursuant to this code by the department.
The department may by regulation set the fee for the two-year license, certificate of registration, or other indicia, not to exceed twice the annual fee for issuance or renewal set by statute.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 3 - Regulatory Authorization and Review › Section 100310.

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 board of supervisors of an affected county and after a public hearing held in accordance with Section 11346 of the Government Code, waive regulations pertaining to the provision of hospital services in a hospital operated by a county or under contract to a county for a county with a population of 200,000 or less on January 1, 1980, if the director makes a finding that the waiver would not affect adversely the health and safety of persons in the county.
The authority contained in this section shall be in addition to, and shall not supersede or limit, any other provision of law authorizing the waiver by the department of requirements contained in regulations adopted by the department relating to health facilities.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 4 - Population, Public Health, and Environmental Study › Section 100325.

100325. The department shall cause special investigations of the sources of morbidity and mortality and the effects of localities, employments, conditions and circumstances on the public health and the department shall perform other duties as may be required in procuring information for state and federal agencies regarding the effects of these conditions on the public health.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 4 - Population, Public Health, and Environmental Study › Section 100330.

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 department, in connection with special morbidity and mortality studies shall be confidential insofar as the identity of the individual patient is concerned and shall be used solely for the purposes of the study. The furnishing of this information to the department or its authorized representative, or to any other co-operating individual, agency or organization in any special study, shall not subject any person, hospital, sanitarium, rest home, nursing home, or other organization furnishing this information to any action for damages. This section shall not apply to general morbidity and mortality studies customarily and continuously conducted by the department that do not involve patient identification.
Nothing in this section shall prohibit the publishing by the department of statistical compilations relating to morbidity and mortality studies that do not identify individual cases and sources of information or religious affiliations.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 4 - Population, Public Health, and Environmental Study › Section 100333.

100333. (a)  The department shall annually compile and publish the laws relating to the use, handling, transportation, storage, and disposal of hazardous materials, including, but not limited to, hazardous wastes, flammable materials, corrosives, explosives, pesticides, and radioactive materials together with laws relating to administration, enforcement, and emergency response. The compilation shall reflect the amendments, additions, and deletions enacted each year.
(b)  The department may contract with the Legislative Counsel to prepare the compilation of laws required by subdivision (a) and with the Department of General Services to print and distribute the compilation. Copies of the compilation shall be distributed at cost.
(c)  During the 1985–86 fiscal year, the department shall absorb the costs of preparing the compilation from existing appropriations. It is the intent of the Legislature, commencing with the 1986–87 fiscal year, to appropriate revenues received from the distribution of the compilation to the department for carrying out the purposes of this section.
(Added by Stats. 1996, Ch. 1023, Sec. 301.2. Effective September 29, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 2 - General Powers of the Department › ARTICLE 4 - Population, Public Health, and Environmental Study › Section 100335.

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 analysis of trends to state agencies and to the Legislature.
(2)  Request and receive demographic and population data from the Department of Finance.
(3)  Make any additional collection of data necessary to describe and analyze fertility, family formation and dissolution, abortion practices, and other factors related to population dynamics, public health, and the environment.
(4)  Assess the health, environmental, and related effects of current and projected population.
(5)  Formulate recommendations for programs, consistent with individual rights and the integrity of the environment, to respond to projected trends.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 1 - Advance Payments to Small Contractors › Section 100350.

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 claims. These programs include, but are not limited to, community hypertension, rural health services development, family planning, genetic counseling, supplemental feeding program for women, infants, and children, sickle cell disease and newborn screening projects. This hardship is particularly felt by new or small community-based public or private nonprofit agencies with modest reserves and cash-flow problems. It is the intent of the Legislature that advance payment authority be established for the department in order to alleviate those problems for those types of contractors to the extent possible.
Notwithstanding any other provision of law, the department may, to the extent funds are available, provide for advance payments for services to be performed under any contract, with a total annual contract amount of two hundred thousand dollars ($200,000) or less, that the department determines has been entered into with any small, community-based public or private nonprofit agency with modest reserves and potential cash-flow problems. These programs include, but are not limited to, the following:
(a)  Community hypertension.
(b)  Genetic disease programs.
(c)  Supplemental feeding programs for women, infants and children.
(d)  Sickle cell disease.
(e)  Newborn screening projects.
(f)  Rural health programs.
(g)  Indian health programs.
No advance payment or aggregate of advance payments made pursuant to this section shall exceed 25 percent of the total annual contract amount. No advance payment should be made pursuant to this section if the applicable federal law prohibits advance payment.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 2 - Public Health Federal Fund › Section 100375.

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 which is administered through or under the direction of the department, shall, on order of the Controller, be deposited in the Public Health Federal Fund.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 2 - Public Health Federal Fund › Section 100380.

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 which the money deposited therein is made available by the United States.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 2 - Public Health Federal Fund › Section 100385.

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 of the disbursements and transfers therefrom.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 2 - Public Health Federal Fund › Section 100390.

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 against the money made available by the United States and deposited in the Public Health Federal Fund may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered through or under the direction of the department.
(b)  Any expenditures that are a proper charge against an appropriation from any special fund in the State Treasury, expenditures from which are administered through or under the direction of the department, may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered through or under the direction of the department.
(c)  The General Fund shall be reimbursed for expenditures made therefrom that are a proper charge against the Public Health Federal Fund or against any appropriation from any special fund.
Such a general plan may provide for advance transfers from the Public Health Federal Fund to the General Fund, based on estimates of expenditures that will be subject to reimbursement from the Public Health Federal Fund pursuant to the plan, and may provide for reimbursements to the Public Health Federal Fund, when necessary.
Request for reimbursement or transfer pursuant to the plan shall be furnished to the Controller in writing by the department, accompanied by financial statements as the plan may provide; and on order of the Controller, the required amount shall be transferred in accordance with the plan.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 3 - Special Deposit Funds › Section 100400.

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 direction of the department, shall, on order of the Controller, be deposited in the Special Deposit Fund, subject to Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. The Controller shall designate, by name, separate accounts within the Special Deposit Fund covering the accountability for each class of grant or donation deposited pursuant to this section; and the department and the Controller shall keep a record of the classes and sources of income deposited in, or transferred to, each of the accounts in the Special Deposit Fund, and of the disbursements therefrom.
All moneys deposited in the Special Deposit Fund pursuant to this section shall be available, without regard to fiscal years, for expenditure for the purposes for which the money was made available to the state.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 4 - Fees or Charges for Issuance and Renewal of Documents › Section 100425.

100425. (a) The fees or charges for the issuance or renewal of any permit, license, registration, or document pursuant to Sections 1639.5, 1676, 1677, 2805, 11839.25, 103625, 106700, 106890, 106925, 107080, 107090, 107095, 107160, 110210, 110470, 110471, 111130, 111140, 111630, 111923.5, 111923.6, 112405, 112510, 112750, 112755, 113060, 113065, 114065, 115035, 115065, 115080, 117923, 117995, 118045, 118210, and 118245 shall be adjusted annually by the percentage change printed in the Budget Act for those items appropriating funds to the state department. After the first annual adjustment of fees or charges pursuant to this section, the fees or charges subject to subsequent adjustment shall be the fees or charges for the prior calendar year. The percentage change shall be determined by the Department of Finance, and shall include at least the total percentage change in salaries and operating expenses of the state department. However, the total increase in amounts collected under this section shall not exceed the total increased cost of the program or service provided.
(b) The state department shall publish annually a list of the actual numerical fee charges for each permit, license, certification, or registration governed by this section.
(c) This adjustment of fees and publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) With respect to the fees or charges pursuant to Section 103625, the actual dollar fee or charge shall be rounded to the nearest whole dollar.
(Amended by Stats. 2021, Ch. 576, Sec. 3. (AB 45) Effective October 6, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 4 - Fees or Charges for Issuance and Renewal of Documents › Section 100430.

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 the Government Code, or Section 102525, 102625, 102670, 102725, 102750, 103040.1, 103050, 103065, 103225, 103325, 103400, 103425, 103450, 103525, 103590, 103650, 103675, 103690, 103695, 103700, 103705, 103710, 103715, 103720, 103725, or 103735 of this code, may be adjusted annually by the percentage change determined pursuant to Section 100425.
(2) The base amount to be adjusted shall be the statutory base amount of the fee or charge plus the sum of the prior adjustments to the statutory base amount. Whenever the statutory base amount is amended, the base amount shall be the new statutory base amount plus the sum of adjustments to the new statutory base amount calculated subsequent to the statutory base amendment. The actual dollar fee or charge shall be rounded to the next highest whole dollar.
(b) Beginning January 1, 1983, the department shall annually publish a list of the actual numerical fee charges as adjusted pursuant to this section. This adjustment of fees and the publication of the fee list shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2011, Ch. 402, Sec. 4. (AB 1053) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 4 - Fees or Charges for Issuance and Renewal of Documents › Section 100435.

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 designated for the State Registrar of Vital Statistics. Any increase in this component of the fee shall be added to the total fee authorized by Section 26840 of the Government Code.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 3 - Additional Administrative Provisions › ARTICLE 4 - Fees or Charges for Issuance and Renewal of Documents › Section 100440.

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 other than public agency applicants for certified copies of marriage or marriage dissolution records, as well as to the other fees imposed by that section.
(Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)