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 3 - Additional Administrative Provisions › ARTICLE 4 - Fees or Charges for Issuance and Renewal of Documents › Section 100450.

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 Professions Code or pursuant to Section 1616 shall be adjusted annually by the percentage change printed in the Budget Act and determined by dividing the General Fund appropriation to Laboratory Field Services in the current state fiscal year by the General Fund appropriation to Laboratory Field Services in the preceding state fiscal year. The fees or charges subject to adjustment pursuant to this subdivision shall be the fees or charges that would have been payable in the prior calendar year without regard to the provisions of subdivision (c).
(b)  Commencing January 1, 1995, upon establishment of the Clinical Laboratory Improvement Fund, the annual adjustment required under subdivision (a) and printed in the annual Budget Act shall be determined by dividing the current fiscal year appropriation to the Clinical Laboratory Improvement Fund by the General Fund appropriation to Laboratory Field Services of the department in the preceding fiscal year. Thereafter, the annual adjustment required by subdivision (a) and printed in the annual Budget Act shall be determined by dividing the current fiscal year appropriation to the Clinical Laboratory Improvement Fund by the Clinical Laboratory Improvement Fund appropriation in the preceding fiscal year.
(c)  The fees or charges shall also be adjusted annually by a percentage determined by dividing the total amount of federal funds available for all programs in Laboratory Field Services of the department during the federal fiscal year ending on September 30 of the year immediately preceding the effective date of the change in fees, less federal funds available for the federal fiscal year that began on October 1 of the year immediately preceding the effective date of the change in fees as indicated in any grant award letter received from the federal Department of Health and Human Services on or before November 1 of that federal fiscal year, by the total estimated revenue derived pursuant to Section 1300 of the Business and Professions Code and Section 1616 for the fiscal year beginning July 1 of the year immediately preceding the effective date of the change in fees.
(d)  The department shall by January 1 of each year publish a list of 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. 1996, Ch. 1023, Sec. 301.3. 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 3 - Additional Administrative Provisions › ARTICLE 6 - Richmond Laboratory and Office Facility › Section 100500.

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 City of Richmond, for the use of the State Department of Health Services.
(b)  Revenue bonds, negotiable notes, and negotiable bond anticipation notes may be issued by the State Public Works Board pursuant to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) of Division 3 of Title 2 of the Government Code) to finance the acquisition and construction of a new laboratory and office facility, or remodeling of an existing facility for the State Department of Health Services in the City of Richmond. The amount of the bonds plus the cost of equipment shall not exceed fifty-four million five hundred thousand dollars ($54,500,000) as necessary for land acquisition including, but not limited to, land needed for planned future expansion of the laboratory and office facility, environmental studies, preliminary plans, working drawings, construction, furnishings, equipment, and all related betterments and improvements. Notwithstanding Section 13332.11 of the Government Code, the State Public Works Board may authorize the augmentation of the amount authorized under this section for the project by an amount not to exceed 10 percent of the amount appropriated for this project.
(c)  The State Public Works Board may borrow funds for project costs from the Pooled Money Investment Account pursuant to Sections 16312 and 16313 of the Government Code.
(d)  The amount of revenue bonds, negotiable notes, or negotiable bond anticipation notes to be sold shall equal the cost of acquisition, including land, construction, preliminary plans, and working drawings, construction management and supervision, other costs relating to the design, construction, or remodeling of the facilities, and any additional sums necessary to pay interim and permanent financing costs. The additional amount may include interest and a reasonable required reserve fund.
(Amended by Stats. 2012, Ch. 728, Sec. 97. (SB 71) Effective January 1, 2013.)
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 6 - Richmond Laboratory and Office Facility › Section 100505.

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 Department of Health Services intends to vacate its facilities currently located at 2151 Berkeley Way in the City of Berkeley upon completion of new facilities in the City of Richmond.
(c)  It is in the state’s interest that the University of California be able to consolidate programs proximate to its Berkeley campus.
(d)  It is in the state’s interest to have the 2151 Berkeley Way property be reused in a manner that contributes to the city’s economic vitality.
(Repealed and added by Stats. 1996, Ch. 649, Sec. 2. Effective January 1, 1997.)
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 7 - Contract Uniformity › Section 100525.

100525. It is the Legislature’s intent in enacting this article to promote efficiency in the administration of multiple contracts between nonprofit organizations and the divisions of the department by requiring uniform provisions concerning fringe benefits. Nothing contained in this article shall be construed to mandate any personnel policies, procedures, or fringe benefits as a condition of contracting with the state. In addition, this article shall not supersede or amend any agreement that may have been entered into, or may be entered into in the future, between a nonprofit corporation and its employees, agents, or employee representative organization.
(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 7 - Contract Uniformity › Section 100530.

100530. Notwithstanding any other provision of law, the department shall review the following categorical programs and develop a procedure by which a contracting nonprofit organization is notified at the execution of a contract of the terms and conditions relating to the allowable costs associated with personnel, primary care grants-in-aid, maternal and child health, family planning, women, infant and children, dental disease prevention, child health and disability prevention, California children’s services, preventive health care for the aging, rural health services, farmworker health services, California health services corps, American Indian health services, genetically handicapped programs, hypertension, perinatal health services, immunization, adolescent family life, and other programs that the department wishes to include within the scope of this article.
(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 7 - Contract Uniformity › Section 100535.

100535. Nothing contained in this article shall conflict with any mandate imposed by laws or regulations of the state or federal government.
(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 7 - Contract Uniformity › Section 100540.

100540. The department shall take the steps necessary to achieve uniformity among contracts.
(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 8 - Consolidation of Contracts › Section 100550.

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 contract with a provider for the provision of health services, enter into a single contractual instrument encompassing services in any number of health services subject areas, limited to the following: primary care, maternal and child health, woman, infant, and child care, family planning, rural health services, migrant and seasonal farmworker care, child health and disability prevention, genetic disease, hypertension, grants-in-aid, American Indian health, adult health care, and dental care, except that federally funded programs requiring separate accounting and reporting shall preserve the separate accounting and reporting for contracts executed pursuant to this article.
(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 8 - Consolidation of Contracts › Section 100555.

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 services program that is the subject of a contract with a provider shall conform the scope of any audit to include other health services programs encompassed by the contract for which the agency or agencies have authority to conduct audits.
(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 8 - Consolidation of Contracts › Section 100560.

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.
(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 8 - Consolidation of Contracts › Section 100565.

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 on the basis of negotiated rates, capitation, fee-for-service, or any other method designed to reduce administrative costs.
(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 8 - Consolidation of Contracts › Section 100570.

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 contracting in a single form.
(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 9 - Pest Spray Reports › Section 100575.

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 Section 11701), Chapter 4, Division 6 of the Food and Agricultural Code shall file a spray report with the county agricultural commissioner of each county in which the person has treated property during the previous month.
(b)  The spray report shall include the name and address of the person and, for each property treated, the following information:
(1)  The name and address of the owner of the property treated.
(2)  The name and address of the owner of the crop treated.
(3)  The type of crop treated.
(4)  The date, time, and method of treatment.
(5)  The type, quantity, and concentration of each pesticide used in the treatment.
(6)  The type of insect or pest to be controlled.
(7)  The number of trees or acres treated.
(8)  Any other information that the department may deem necessary in view of conditions that may constitute a menace to life, health, or safety of individuals living or working in areas where pesticides are applied.
(c)  Spray reports filed pursuant to this section are public records that shall be made available by the county agricultural commissioners for public inspection.
(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 4 - Regulation of Laboratory Services › ARTICLE 2 - Licensing of Laboratories › Section 100700.

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 blood, urine, tissue, or breath for the purposes of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations shall comply with Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations, as they exist on December 31, 2004, until the date when those regulations are revised pursuant to Section 100703.
(2) (A) Laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board shall not be required to establish the concentration of each lot of secondary alcohol standards it uses, whether prepared or acquired, by an oxidimetric method that employs a primary standard.
(B) Laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board are not limited to reporting analytical results to the second decimal place.
(b) Notwithstanding subdivision (a), the department shall not require laboratories to be licensed.
(Amended by Stats. 2014, Ch. 570, Sec. 1. (AB 2425) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 2 - Licensing of Laboratories › Section 100701.

100701. All laboratories that are subject to the requirements of Section 100700 shall ensure that breath alcohol instruments and calibrating devices used in testing are listed in the conforming products list in the Federal Register by the National Highway Traffic Safety Administration of the United States Department of Transportation.
(Added by Stats. 2004, Ch. 337, Sec. 4. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 2 - Licensing of Laboratories › Section 100702.

100702. (a) All laboratories that are subject to the requirements of Section 100700 shall follow the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) guidelines for proficiency testing. The required proficiency test must be obtained from any ASCLD/LAB approved test provider.
(b) Each laboratory shall participate annually in an external proficiency test for alcohol analysis.
(c) Each examiner shall successfully complete at least one proficiency test annually.
(d) Each laboratory shall have a procedure in writing that describes a review of proficiency test results, and, if applicable, the corrective action taken when proficiency test results are inconsistent with expected test results.
(Added by Stats. 2004, Ch. 337, Sec. 5. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 2 - Licensing of Laboratories › Section 100703.

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 representing each of the following:
(1) Prosecuting attorneys.
(2) Law enforcement agencies.
(3) Defense attorneys.
(4) Coroners, pathologists, or medical examiners.
(5) Criminalists.
(6) Toxicologists.
(7) Crime laboratory directors.
(8) The State Department of Public Health.
(c) The review committee shall meet at least once in each three-year period after its initial meeting, or within 60 days of receipt of a request by the department or a member of the review committee.
(d) The review committee shall evaluate Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations and determine revisions that will limit those regulations to those that the review committee determines are reasonably necessary to ensure the competence of the laboratories and employees to prepare, analyze, and report the results of the tests and comply with applicable laws. In determining revisions, the review committee shall also take into consideration the advancement and development of scientific processes, including the reporting of results with an estimated uncertainty measurement. The review committee shall submit a summary of revisions to the California Health and Human Services Agency.
(e) Within 90 days of receiving the review committee’s revisions, the California Health and Human Services Agency may disapprove of one or more of those revisions.
(f) (1) Except as provided in paragraph (2), the department shall adopt regulations pursuant to this section that shall incorporate the review committee’s revisions. Nothing in this section shall be construed as exempting the regulations from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(2) The department shall not adopt regulations to incorporate any review committee revisions that were disapproved under subdivision (e).
(Amended by Stats. 2014, Ch. 570, Sec. 2. (AB 2425) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 2 - Licensing of Laboratories › Section 100725.

100725. On or after January 1, 1971, the department shall enforce this chapter and regulations adopted by the department.
(Amended by Stats. 1996, Ch. 1023, Sec. 301.5. 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 4 - Regulation of Laboratory Services › ARTICLE 2 - Licensing of Laboratories › Section 100775.

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 the date of collection of the breath sample.
(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 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100827.

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 of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The state board may adopt regulations to establish reporting requirements for this section.
(b) A laboratory accredited by the state board shall report the results of each drinking water analysis the laboratory conducts to the state board in the form or format and at intervals specified by the state board.
(Amended by Stats. 2019, Ch. 120, Sec. 3. (SB 200) Effective July 24, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100830.

100830. The department may do all of the following:
(a) Adopt regulations establishing requirements for both types of accreditation. The regulations shall include, but not be limited to, all of the following:
(1) Laboratory personnel.
(2) Quality assurance procedures.
(3) Laboratory equipment.
(4) Facilities.
(5) Standard operating procedures.
(6) Proficiency testing.
(7) Onsite assessments.
(8) Recordkeeping.
(9) Units and fields of accreditation.
(b) Adopt regulations establishing conditions under which the department may issue, deny, renew, or suspend a certificate of accreditation for individual units or fields. Suspension and denial of units or fields of accreditation shall be based on a laboratory’s failure to comply with this article and regulations adopted thereunder.
(Repealed and added by Stats. 2005, Ch. 406, Sec. 6. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100832.

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 until repealed or amended by the department in accordance with the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Repealed and added by Stats. 2005, Ch. 406, Sec. 9. Effective January 1, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100837.

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.
(Amended by Stats. 2017, Ch. 327, Sec. 3. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100840.

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 state board containing all of the following:
(a) The names of the applicant and the laboratory.
(b) The location of the laboratory.
(c) A list of fields of testing for which the laboratory is seeking certification.
(d) Evidence satisfactory to the state board that the applicant has the ability to comply with this article and the regulations adopted under this article.
(e) Any other information required by the state board for administration or enforcement of this article or regulations adopted under this article.
(Amended by Stats. 2017, Ch. 327, Sec. 4. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100845.

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 date of issuance. An application for renewal shall be filed with the department prior to the expiration date of the certificate. Failure to make timely application for renewal shall result in expiration of the certificate.
(b)  A certificate shall be forfeited by operation of law prior to its expiration date when one of the following occurs:
(1)  The owner sells or otherwise transfers the ownership of the laboratory, except that the certificate shall remain in force 90 calendar days if the department receives written assurance and appropriate documentation within 30 calendar days after the change has occurred that one or more of the conditions in subdivision (c) are met. The department shall accept or reject the assurance in writing within 30 calendar days after it has been received.
(2)  There is a change in the location of the laboratory (except a mobile laboratory) or structural alteration that may affect adversely the quality of analysis in the fields of testing for which the laboratory has been certified or is seeking certification, without written notification to the department within 30 calendar days.
(3)  The certificate holder surrenders the certificate to the department.
(c)  Upon change of ownership of a laboratory, the department may extend a certificate to the expiration date of the original certificate upon written assurance by the new owner that the operation of the laboratory will continue so as not to adversely affect the conditions regulated by this article.
(d)  The department shall be notified in writing within 30 calendar days whenever there is a change of director or other person in charge of a laboratory certified under this article. The notification shall include documentation of the qualifications of the new director or other person in charge of the laboratory.
(Amended by Stats. 2002, Ch. 215, Sec. 4. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100847.

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 expiration date of the accreditation. Failure to make timely application for renewal shall result in expiration of the accreditation.
(b) The accrediting authority shall be notified in writing within 30 calendar days of the sale or other transfer of ownership of a TNI accredited laboratory.
(c) The accrediting authority shall be notified in writing within 30 calendar days of the change in location of a TNI accredited laboratory, other than a mobile laboratory.
(d) The accrediting authority shall be notified within 30 calendar days whenever there is a change of laboratory director, or other individual in charge of the laboratory.
(e) TNI accredited laboratories shall conspicuously display their most recent TNI accreditation certificate or their accreditation fields of testing, or both, in a permanent place in their laboratory.
(f) TNI accredited laboratories shall not use their TNI accreditation document or their accreditation status to imply any endorsement by the accrediting authority.
(Amended by Stats. 2017, Ch. 327, Sec. 5. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100850.

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 this article and regulations adopted under this article, the state board shall issue to the owner certification or accreditation in the fields of testing for which the laboratory is seeking certification and with respect to which the state board has determined there is full compliance.
(b) The state board shall deny or revoke a certificate if it finds any of the following:
(1) The laboratory fails to report acceptable results in the analysis of proficiency testing samples.
(2) The laboratory fails to analyze proficiency testing samples.
(3) The laboratory submits, as its own, proficiency testing sample results generated by another laboratory.
(4) The laboratory fails to pass an onsite assessment.
(5) The laboratory is not in compliance with any other provision of this article or regulations adopted under this article.
(c) Upon the filing of a complete application for certification or accreditation pursuant to subdivision (a) and Section 100870, the state board may issue to a laboratory interim certification or accreditation pending the completion of onsite assessment. Interim certification and accreditation shall be nonrenewable and shall remain in effect until certification and accreditation is either granted under subdivision (a) or denied under subdivision (b), but not later than one year after the date of issuance.
(Amended by Stats. 2017, Ch. 327, Sec. 6. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100852.

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 Environmental Protection Agency pursuant to Part 136 of Title 40 of the Code of Federal Regulations, as amended September 11, 1992, as published in the Federal Register (57 FR 41830), or Part 141 of Title 40 of the Code of Federal Regulations, as amended July 17, 1992, as published in the Federal Register (57 FR 31776), and as subsequently amended and published in the Code of Federal Regulations.
(b) As a TNI-recognized accrediting body, the state board shall accept performance-based measurement system methods, when mandated methods are indicated. A fee, as specified in regulations adopted by the state board, may be charged for the review of each performance-based measurement system method.
(c) Notwithstanding any other law, the state board shall not be required to meet the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code in order to issue a certificate pursuant to subdivision (a).
(Amended by Stats. 2018, Ch. 92, Sec. 147. (SB 1289) Effective January 1, 2019.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100855.

100855. Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. The owner of a laboratory may petition for reconsideration under Section 116701.
(Repealed and added by Stats. 2017, Ch. 327, Sec. 10. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100860.1.

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 certification fee, according to the fee schedule established by the State Water Resources Control Board pursuant to Section 100829.
(b) State and local government-owned laboratories in California performing work only in a reference capacity as a reference laboratory are exempt from the payment of the fees prescribed pursuant to Section 100829.
(c) In addition to the payment of fees authorized by Section 100829, laboratories certified or applying for certification shall pay directly to the designated proficiency testing provider the cost of the proficiency testing study.
(d) For the purpose of this section, a reference laboratory is a laboratory owned and operated by a governmental regulatory agency for the principal purpose of analyzing samples referred by another governmental regulatory agency or another laboratory for confirmatory analysis.
(Amended by Stats. 2016, Ch. 340, Sec. 26. (SB 839) Effective September 13, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100862.

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 accreditation fee, according to the fee schedule established by the state board pursuant to Section 100829.
(b) In addition to the payment of fees authorized by Section 100829, laboratories accredited or applying for accreditation shall pay directly to the designated proficiency testing provider the cost of the proficiency testing studies.
(Amended by Stats. 2017, Ch. 327, Sec. 11. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100863.

100863. The department shall appoint a multidisciplinary committee to assist, advise, and make recommendations regarding technical, scientific, and administrative matters concerning the accreditation or certification of environmental laboratories. Appointments to the committee shall be made from lists of nominees solicited by the department, and shall provide adequate representation of interested parties and environmental laboratories subject to this chapter. Subcommittees of the committee may be appointed consisting of committee members and other persons having particular knowledge of a subject area, for the purpose of assisting the department on special problems and making recommendations to the committee for consideration in the establishment of rules and regulations. The department shall determine the terms of office of appointees to the committee and any subcommittee. Members of the committee and of any subcommittee shall serve without compensation and shall pay their own expenses incurred as a result of attending meetings or engaging in any other activity pursuant to this section.
(Added by Stats. 1999, Ch. 372, Sec. 16. 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 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100865.

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 laboratory that is ELAP certified or TNI accredited pursuant to this article or that has applied for ELAP certification or TNI accreditation.
(2) Inspect and photograph any portion of the laboratory, equipment, any activity, or any samples taken, or copy and photograph any records, reports, test results, or other information related solely to certification under this article or regulations adopted pursuant to this article.
(3) Require an owner of a laboratory to provide, within 15 days of receiving a request from a duly authorized representative of the state board, reports, test results, and other information required to implement this article, including, but not limited to, applicable standard operating procedures, quality control or quality assurance manuals, quality control or quality assurance data, employee qualifications, training records, or information relating to accreditation with another state or agency. The state board may require a laboratory to conduct proficiency testing in any of the laboratory’s accredited fields of testing.
(b) It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way, any duly authorized representative of the state board from undertaking the activities authorized by this section.
(c) If a laboratory that is seeking ELAP certification, TNI accreditation, ELAP recertification, or TNI reaccreditation refuses entry of a duly authorized representative during normal business hours for either an announced or unannounced onsite assessment, the certification, accreditation, recertification, or reaccreditation shall be denied or revoked.
(d) Refusal of a request by a TNI approved accrediting authority, the state board, or any employee, agent, or contractor of the state board, for permission to inspect, pursuant to this section, the laboratory and its operations and pertinent records during the hours the laboratory is in operation shall result in denial or revocation of ELAP certification or TNI accreditation.
(Amended by Stats. 2017, Ch. 327, Sec. 12. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100870.

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 certification or TNI accreditation under this article shall analyze proficiency testing samples, if these testing samples are available. The state board shall have the authority to contract with third parties for the provision of proficiency testing samples for those laboratories that hold or are applying for ELAP certification. The samples shall be tested by the laboratory according to methods specifically approved for this purpose by the United States government or the state board, or alternate methods of demonstrated adequacy or equivalence, as determined by the state board. Proficiency testing sample sets shall be provided, when available, not less than twice, nor more than four times, a year to each certified laboratory that performs analyses of food for pesticide residues.
(b) (1) The state board may provide, directly or indirectly, proficiency testing samples to a laboratory for the purpose of determining compliance with this article with or without identifying the state board.
(2) When the state board identifies itself, all of the following shall apply:
(A) The results of the testing shall be submitted to the state board on forms provided by the state board on or before the date specified by the state board, and shall be used in determining the competency of the laboratory.
(B) There shall be no charge to the state board for the analysis.
(3) When the state board does not identify itself, the state board shall pay the price requested by the laboratory for the analyses.
(c) If a certified or TNI accredited laboratory submits proficiency testing sample results generated by another laboratory as its own, the certification or TNI accreditation shall be immediately revoked.
(d) Laboratories shall obtain their proficiency testing samples from proficiency testing sample providers that meet TNI standards. Laboratories shall bear the cost of any proficiency testing study fee charged for participation. Each laboratory shall authorize the providers of proficiency testing samples to release the report of the study results directly to the state board, as well as to the laboratory.
(Amended by Stats. 2017, Ch. 327, Sec. 13. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100872.

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 once a year, where applicable. Proficiency testing procedures shall be approved by the United States government or by the state board.
(b) A TNI accredited laboratory shall participate in, and meet the success rate for, proficiency testing studies as required in the TNI standards.
(c) The ELAP certified or TNI accredited laboratory shall discontinue the analyses of samples for the fields of testing or subgroups which have been suspended for failure to comply with the proficiency testing requirements in this section.
(Amended by Stats. 2017, Ch. 327, Sec. 14. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100875.

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 pursuant to this article, any officer or employee of the state board delegated such authority may issue an order directing compliance forthwith or directing compliance in accordance with a time schedule set by the state board. The owner of a laboratory issued an order under this section may petition for reconsideration under Section 116701.
(Amended by Stats. 2017, Ch. 327, Sec. 15. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100880.

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 state board may, in addition to suspension, denial, or revocation of the certificate or TNI accreditation, issue a citation to the owner of the laboratory. It shall be the function of the recognized accrediting authority to issue citations. The Legislature finds and declares that since TNI is a standard setting body, it cannot, as such, enforce civil or criminal penalties.
(a) The citation shall be served personally or by registered mail.
(b) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provision, order, or regulation alleged to have been violated.
(c) The citation shall fix the earliest feasible time for elimination or correction of the condition constituting the violation.
(d) Citations issued pursuant to this section shall specify a civil penalty for each violation, not to exceed one thousand dollars ($1,000), for each day that the violation occurred.
(e) If the owner fails to correct a violation within the time specified in the citation, the state board may assess a civil penalty as follows:
(1) For failure to comply with any citation issued for a violation of this article or a regulation, an amount not to exceed two hundred fifty dollars ($250) for each day that the violation continues beyond the date specified for correction in the citation.
(2) For failure to comply with any citation issued for violation of any state board-issued order, an amount not to exceed two hundred dollars ($200) for each day the violation continues beyond the date specified for correction in the citation.
(f) The owner of a laboratory issued a citation under this section or assessed a penalty under subdivision (e) may petition for reconsideration under Section 116701.
(Amended by Stats. 2017, Ch. 327, Sec. 16. (AB 1438) Effective January 1, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100885.

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 116390 of this code, or Section 13176 of the Water Code, who is not certified or TNI accredited to do so, may be enjoined from so doing by any court of competent jurisdiction upon suit by the state board.
(b) When the state board determines that any person has engaged in, or is engaged in, any act or practice that constitutes a violation of this article, or any regulation or order issued or adopted thereunder, the state board may bring an action in the superior court for an order enjoining these practices or for an order directing compliance and affording any further relief that may be required to ensure compliance with this article.
(Amended by Stats. 2022, Ch. 258, Sec. 108. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Health and Safety Code - HSC › DIVISION 101 - ADMINISTRATION OF PUBLIC HEALTH › PART 1 - CALIFORNIA DEPARTMENT OF HEALTH SERVICES › CHAPTER 4 - Regulation of Laboratory Services › ARTICLE 3 - Environmental Laboratories › Section 100886.

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, shall report the full and complete results of all detected contamination and pollutants to the person or entity that submitted the material for testing.
(Amended by Stats. 2022, Ch. 258, Sec. 109. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)