reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130406.5.

130406.5. (a)  As part of the program provided in this division, the department may establish a system to provide a Medicare beneficiary access to a drug discount program operated by a drug manufacturer that would provide greater prescription drug discounts than are otherwise available through the program provided in this division. The program registration card issued pursuant to Section 130401 shall serve as the single point of entry to the private drug discount programs of participating manufacturers.
(b)  To establish the system described in subdivision (a), the department may negotiate a contract with a drug manufacturer that operates a prescription drug discount program. To assist in these negotiations, the department may contract with a public or private entity.
(c)  (1)  A Medicare beneficiary shall not in any circumstance be required to participate in, or to disclose information that would determine his or her eligibility to participate in, these private drug discount programs in order to participate in the program provided in this division.
(2)  Notwithstanding paragraph (1), a Medicare beneficiary may voluntarily disclose or provide information that may be necessary to determine eligibility for participation in a private drug discount program.
(Added by Stats. 2002, Ch. 542, Sec. 9. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130407.

130407. (a)  The department shall deposit all payments received pursuant to Sections 130406 and 130410 into the Golden Bear State Pharmacy Assistance Program Rebate Fund, which is hereby created in the State Treasury.
(b)  Notwithstanding Section 13340 of the Government Code, the fund is hereby continuously appropriated to the department without regard to fiscal years for the purpose of paying rebates pursuant to Section 130405 and for defraying the costs of administering this division. Notwithstanding any other law, no money in the fund is available for expenditure for any other purpose or for loaning or transferring to any other fund, including the General Fund.
(Amended by Stats. 2002, Ch. 542, Sec. 10. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130407.5.

130407.5. The department shall repay the General Fund the loan in the amount of one million dollars ($1,000,000), which was appropriated to the department for startup costs associated with the program provided in this division.
(Added by Stats. 2002, Ch. 542, Sec. 11. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130408.

130408. The department shall develop a program to prevent the occurrence of fraud under this division. An individual or entity that violates any provision of the fraud prevention program may be precluded from participating in the Golden Bear State Pharmacy Assistance Program. The department shall adopt regulations setting forth a procedure for precluding participation in the program on this basis.
(Amended by Stats. 2002, Ch. 542, Sec. 12. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130409.

130409. The department may hire any staff needed for the implementation of this division. The department may also use the contract with the Medi-Cal fiscal intermediary or contract with another public or private entity to implement or administer the program and to enroll Medicare beneficiaries who are eligible to participate in the program, to collect rebates, and to pay claims, only if services provided under this program are specifically identified and reimbursed in a manner that does not claim federal financial reimbursement. For purposes of this division, use of the Medi-Cal program fiscal intermediary shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. This division shall not be implemented unless and until the director executes a declaration, which shall be retained by the director, stating that all federal approvals necessary for implementation of this division have been received.
(Amended by Stats. 2002, Ch. 542, Sec. 13. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 111 - GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM › Section 130410.

130410. A contract executed for the purposes of this division is exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(Added by Stats. 2002, Ch. 542, Sec. 14. Effective January 1, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 1 - General Provisions › Section 130500.

130500. (a) This division shall be known, and may be cited, as the California Discount Prescription Drug Program.
(b) This division shall become operative on and after July 1, 2010.
(c) The California Discount Prescription Drug Program shall be implemented only if, and to the extent that, a Budget Act or other statute that is enacted on or before February 1, 2015, includes or makes an appropriation of moneys to the department to implement this program.
(d) Notwithstanding any other provision of this division, if the California Discount Prescription Drug Program is not implemented pursuant to subdivision (c), this division shall become inoperative on February 1, 2015, and as of January 1, 2016, is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends the dates on which it becomes inoperative and is repealed.
(Amended by Stats. 2010, Ch. 717, Sec. 22. (SB 853) Effective October 19, 2010. Repealed conditionally on January 1, 2016, by its own provisions. Note: Control provisions in this section relate to operation, implementation, and termination of Division 112, comprising Sections 130500 to 130544.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 1 - General Provisions › Section 130502.

130502. The California Discount Prescription Drug Program is hereby established within the department.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130505.

130505. (a) The amount a participating, eligible Californian pays for a drug through the program shall be equal to the lower of the participating pharmacy’s usual and customary charge or the pharmacy contract rate pursuant to subdivision (c), less a program discount for the specific drug or an average discount for a group of drugs or all drugs covered by the program.
(b) In determining program discounts on individual drugs, the department shall take into account the rebates provided by the drug’s manufacturer.
(c) The department may contract with participating pharmacies for a rate other than the pharmacies’ usual and customary rate for prescription drugs, including multiple-source drugs.
(d) This division shall apply only to prescription drugs dispensed to eligible Californians on an outpatient basis.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130507.

130507. (a) On August 1, 2017, the department shall determine whether manufacturer participation in the program has been sufficient to meet both of the following benchmarks:
(1) The number and type of drugs available through the program are sufficient to give eligible Californians a formulary comparable to the Medi-Cal list of contract drugs or, if this information is available to the department, a formulary comparable to that provided to CalPERS enrollees.
(2) The volume weighted average discount of single-source prescription drugs offered pursuant to this program is equal to or below any one of the benchmark prices described in subdivision (a) of Section 130506.
(b) On and after August 1, 2017, the department shall reassess program outcomes, at least once every year, consistent with the benchmarks described in subdivision (a).
(Amended by Stats. 2010, Ch. 717, Sec. 23. (SB 853) Effective October 19, 2010. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130508.

130508. To the maximum extent possible, the department shall assure that enrollment and other administrative actions are seamless to all eligible Californians.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130509.

130509. (a) The department may require prior authorization in the Medi-Cal program for any drug of a manufacturer if the manufacturer fails to agree to a volume weighted average discount for single-source prescription drugs that is equal to or below any one of the benchmark prices described in subdivision (a) of Section 130506 and only to the extent that this requirement does not increase costs to the Medi-Cal program, as determined pursuant to subdivision (c).
(b) If prior authorization is required for a drug pursuant to this section, a Medi-Cal beneficiary shall not be denied the continued use of a drug that is part of a prescribed therapy until that drug is no longer prescribed for that beneficiary’s therapy. The department shall approve or deny requests for prior authorization necessitated by this section as required by state or federal law.
(c) The department, in consultation with the Department of Finance, shall determine the fiscal impact of placing a drug on prior authorization pursuant to this section. In making this determination, the department shall consider all of the following:
(1) The net cost of the drug, including any rebates that would be lost if the drug is placed on prior authorization.
(2) The projected volume of purchases of the drug, before and after the drug is placed on prior authorization, considering the continuity of care provisions set forth in subdivision (b).
(3) The net cost of comparable drugs to which volume would be shifted if a drug is placed on prior authorization, including any additional rebates that would be received.
(4) The projected volume of purchases of comparable drugs, before and after the drug is placed on prior authorization.
(5) Any other factors determined by the department to be relevant to a determination of the fiscal impact of placing a drug on prior authorization.
(d) This section shall be implemented only to the extent permitted under federal law, and in a manner consistent with state and federal laws.
(e) This section may apply to any manufacturer that has not negotiated with the department.
(f) The department shall notify the Speaker of the Assembly and the President pro Tempore of the Senate that the department is requiring prior authorization no later than five days after making this requirement.
(g) (1) Subject to paragraph (2), this section shall be implemented on and after August 1, 2017.
(2) This section shall be implemented only if the department determines that participation by manufacturers has been insufficient to meet both of the benchmarks identified in Section 130507.
(Amended by Stats. 2010, Ch. 717, Sec. 24. (SB 853) Effective October 19, 2010. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130510.

130510. The names of manufacturers of single-source drugs that do or do not enter into discount agreements with the department pursuant to this division shall be public information and shall be posted on the department’s Internet Web site when the discount agreements are reached or the manufacturer ends negotiations, commencing within six months after the initial implementation date of this division and updated on the first of each month thereafter.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130511.

130511. (a) Each drug discount agreement shall do all of the following:
(1) Specify which of the manufacturer’s drugs are included in the agreement.
(2) Permit the department to remove a drug from the agreement if there is a dispute over the drug’s utilization.
(3) Permit a manufacturer to audit claims for the drugs the manufacturer provides under the program. Claims information provided to manufacturers shall comply with all federal and state privacy laws that protect a program participant’s health information.
(b) In addition to the requirements of subdivision (a), each drug discount agreement with a single-source manufacturer shall do all of the following:
(1) Require the manufacturer to make a rebate payment to the department for each drug described in paragraph (1) of subdivision (a) dispensed to a program participant.
(2) Require the manufacturer to make the rebate payments to the department on at least a quarterly basis.
(3) Require the manufacturer to provide, upon request, documentation to validate the rebate.
(c) The department may collect prospective rebates from single-source manufacturers for payment to pharmacies. The amount of the prospective discount shall be specified in the drug rebate agreements.
(d) (1) Manufacturers shall calculate and pay interest on late or unpaid rebates. The interest shall not apply to any prior period adjustments of unit rebate amounts or department utilization adjustments.
(2) For rebate payments to the program, manufacturers shall calculate and pay interest on late or unpaid rebates for quarters that begin on or after January 1, 2007.
(e) Interest required by subdivision (d) shall begin accruing 38 calendar days from the date of mailing of the invoice, including supporting utilization data sent to the manufacturer. Interest shall continue to accrue until the date of mailing of the manufacturer’s payment. Interest rates and calculations for purposes of this section shall be at 10 percent.
(f) A participating manufacturer shall clearly identify all rebates, interest, and other payments, and payment transmittal forms for the program, in a manner designated by the department.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130512.

130512. (a) The department shall generate a monthly report that, at a minimum, provides all of the following:
(1) Drug utilization information.
(2) Amounts paid to pharmacies.
(3) Program discounts compared to the usual customary price.
(4) Aggregate amounts of rebates collected from manufacturers.
(5) A summary of the problems or complaints reported regarding the program.
(b) Information provided in paragraphs (1), (2), and (3) of subdivision (a) shall be at the national drug code level.
(c) The department shall generate an annual report that, in addition to the information described in subdivision (a), reports on the number of all of the following:
(1) Individuals enrolled.
(2) Individuals receiving a prescription under the program.
(3) Participating pharmacies.
(4) Participating manufacturers.
(d) All reports shall be made available on the department’s Internet Web site.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 2 - Prescription Drug Discounts › Section 130513.

130513. (a) The department shall establish and maintain a claims processing system that complies with all of the following requirements:
(1) Charges a price that meets the requirements of this division.
(2) Provides the pharmacy with the dollar amount of the discount to be returned to the pharmacy.
(3) Provides drug utilization review warnings to pharmacies consistent with the drug utilization review standards provided in federal law.
(b) The department shall pay a participating pharmacy the discount provided to program participants pursuant to this division by a date that is not later than two weeks after the claim is received.
(c) The department shall develop a mechanism for the program participants to report problems or complaints.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 3 - Application, Enrollment, and Outreach › Section 130521.

130521. (a) The department may conduct an outreach program to inform California residents of their opportunity to participate in the program. The department shall coordinate outreach activities with the California Department of Aging, the Employment Development Department, and other state and local agencies, and nonprofit organizations that serve residents who may be eligible for the program. No outreach material shall contain the name or likeness of a drug.
(b) The department may accept on behalf of the state any gift, bequest, or donation of outreach services or materials to inform residents about the program. The name of the organization sponsoring the materials shall in no way appear on the material but shall be reported to the public and the Legislature as otherwise provided by law.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 4 - Pharmaceutical Manufacturer Patient Assistance Programs › Section 130530.

130530. (a) The department shall encourage a participating manufacturer to maintain those private discount drug programs that are comparable to or more extensive than those provided prior to the enactment of this division. To the extent possible, the department shall encourage a participating manufacturer to simplify the application and eligibility processes for its private discount drug program.
(b) The department may execute agreements with drug manufacturers and other private patient assistance programs to provide a single point of entry for eligibility determination and claims processing for drugs available through those programs to the extent permitted by state and federal law.
(c) The department shall develop a system to provide a program participant under this division with the best discounts on prescription drugs that are available to the participant through this program or through a drug manufacturer or other private patient assistance program.
(d) (1) The department may require an applicant to provide additional information to determine the applicant’s eligibility for other discount card and patient assistance programs.
(2) The department shall not require an applicant to participate in a drug manufacturer patient assistance program or to disclose information that would determine the applicant’s eligibility to participate in a drug manufacturer patient assistance program in order to participate in the California Discount Prescription Drug Program.
(e) In order to verify that California residents are being served by drug manufacturer patient assistance programs, the department shall require drug manufacturers to provide the department annually with all of the following information:
(1) The total value of the manufacturer’s drugs provided at no or very low cost to California residents during the previous year.
(2) The total number of prescriptions or 30-day supplies of the manufacturer’s drugs provided at no or very low cost to California residents during the previous year.
(f) The California Discount Prescription Drug Program card issued pursuant to this division shall serve as a single point of entry for drugs available pursuant to subdivision (a), and shall meet all legal requirements for a health benefit card.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 5 - Administration › Section 130540.

130540. (a) Contracts, contract amendments, change orders, change requests, and any project or systems development notices, entered into for purposes of this division, shall be subject to the same exemptions provided for in the Medi-Cal drug program and those provided to the department in paragraph (4) of subdivision (c) of Section 124977. In addition, contracts, contract amendments, change orders, change requests, and any project or systems development notices, entered into for purposes of this division, are specifically exempt from:
(1) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(2) The competitive bidding requirements of State Administrative Manual Management Memo 03-10.
(3) The project authority requirements of State Administrative Manual, Section 4800 et seq.
(4) Section 11.00 and Provision 6 of Item 4260-001-0001 of Section 2 of the Budget Act of 2006 and related Budget letters.
(b) Contracts with pharmacies and drug manufacturers may be entered into on a bid or nonbid basis.
(c) Change orders entered into pursuant to this division shall not require a contract amendment.
(d) To the extent that any exemption set forth in this section conflicts with exemptions set forth in paragraph (4) of subdivision (c) of Section 124977, the exemption in this section shall govern over the conflicting provision in Section 124977.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 5 - Administration › Section 130541.

130541. To implement the program, the department may contract with a third-party vendor or utilize existing health care service provider enrollment and payment mechanisms, including the Medi-Cal program’s fiscal intermediary. Drug discount agreements negotiated by a third party shall be subject to review by the department. The department may cancel a contract that it finds not in the best interests of the state or program participants. Participating pharmacy contracts entered into pursuant to Section 130505 shall be considered contracts between the participating pharmacy and the department and shall not be associated with, or leveraged against, other third-party agreements.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 5 - Administration › Section 130542.

130542. (a) The department shall deposit all payments the department receives pursuant to this division into the California Discount Prescription Drug Program Fund, which is hereby established in the State Treasury.
(b) Notwithstanding Section 13340 of the Government Code, the fund is hereby continuously appropriated to the department without regard to fiscal year for the purpose of providing payment to participating pharmacies pursuant to this division and for defraying the costs of administering this division.
(c) Notwithstanding any other provision of law, no money in the fund is available for expenditure for any other purpose or for loaning or transferring to any other fund, including the General Fund, except as provided in Section 130542.1. The fund shall also contain any interest accrued on moneys in the fund.
(Amended by Stats. 2008, Ch. 758, Sec. 14. Effective September 30, 2008. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 5 - Administration › Section 130542.1.

130542.1. (a) It is the intent of the Legislature that the program shall be self-financing and that General Fund moneys provided to the fund shall be repaid within five years after implementation of the program begins. The department shall provide the Legislature with a five-year projection of program revenues and expenditures as part of its annual budget request. The projection shall include a projected General Fund repayment schedule.
(b) The department may use up to 25 percent of manufacturer rebate revenues to administer the program, including the funding of a float account to finance payments to participating pharmacies in advance of the receipt of manufacturer rebates.
(Added by Stats. 2008, Ch. 758, Sec. 15. Effective September 30, 2008. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 5 - Administration › Section 130543.

130543. (a) The director may adopt regulations as are necessary to implement and administer this division.
(b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director may implement this division, in whole or in part, by means of a provider bulletin or other similar instructions, without taking regulatory action, provided that no bulletin or other similar instructions shall remain in effect after August 1, 2015. It is the intent that regulations adopted pursuant to this section shall be adopted on or before August 1, 2015.
(Amended by Stats. 2010, Ch. 717, Sec. 25. (SB 853) Effective October 19, 2010. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM › CHAPTER 5 - Administration › Section 130544.

130544. If any provision of this division, or the application thereof, is for any reason, held invalid, ineffective, or unconstitutional by a court of competent jurisdiction, the remainder of this division, or the application of this provision, shall not be affected thereby, and to this end the provisions of this division are severable.
(Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Organization of the State Department of Public Health › Section 131000.

131000. There is in the California Health and Human Services Agency a State Department of Public Health.
(Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Organization of the State Department of Public Health › Section 131005.

131005. (a) There is in state government an executive officer known as the State Public Health Officer, who shall be appointed by the Governor, subject to confirmation by the Senate, and hold office at the pleasure of the Governor. The State Public Health Officer shall receive the annual salary provided by Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) The State Public Health Officer shall serve as the director of, and have control over, the State Department of Public Health.
(c) Any statutory reference to “director,” “the Director of Health Services,” “the Director of Public Health,” or the “Director of the State Department of Public Health,” regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050), is deemed to, instead, refer to the State Public Health Officer.
(d) Any statutory reference to “department” or “state department” regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050), shall refer to the State Department of Public Health.
(e) The director shall be a licensed physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, who has demonstrated medical, public health, and management experience.
(Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Organization of the State Department of Public Health › Section 131006.

131006. Upon recommendation of the director, the Governor may appoint, not to exceed, two chief deputies of the State Department of Public Health, subject to confirmation by the Senate, who shall hold office at the pleasure of the Governor. The salaries of the chief deputies shall be fixed in accordance with law.
(Amended by Stats. 2007, Ch. 483, Sec. 37.5. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Organization of the State Department of Public Health › Section 131010.

131010. The director shall have the powers of a head of the department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Organization of the State Department of Public Health › Section 131019.

131019. There is in the State Department of Public Health an Office of AIDS. The State Department of Public Health, Office of AIDS, shall be the lead agency within the state, responsible for coordinating state programs, services, and activities relating to the human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), and AIDS related conditions (ARC). Among its responsibilities, the State Department of Public Health, Office of AIDS, shall coordinate Sections 120875, Section 120880, Chapter 2 (commencing with Section 120800), Chapter 4 (commencing with Section 120900), Chapter 6 (commencing with Section 120950), Chapter 8 (commencing with Section 121025), Chapter 9 (commencing with Section 121050), Chapter 10 (commencing with Section 121075), Chapter 11 (commencing with Section 121150), Chapter 12 (commencing with Section 121200), Chapter 13 (commencing with Section 121250), and Chapter 14 (commencing with Section 121300), of Part 4 of Division 105. Any reference in those provisions to the State Department of Health Services or the State Department of Public Health shall be deemed to be a reference to the Office of AIDS within the State Department of Public Health.
(Added by renumbering Section 100119 by Stats. 2006, Ch. 241, Sec. 17. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 1 - Organization of the State Department of Public Health › Section 131020.

131020. All officers or employees of the department employed after July 1, 2007, shall be appointed by the director.
(Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131050.

131050. (a) As set forth in this article, the State Department of Public Health shall succeed to and be vested with all the duties, powers, purposes, functions, responsibilities, and jurisdiction of the former State Department of Health Services as they relate to public health, licensing and certification of health facilities, and any other functions performed immediately preceding the operative date of this section by, or under the supervision of, all of the following:
(1) The Deputy Director for Prevention Services of the former State Department of Health Services, excluding the Office of Clinical Preventive Medicine.
(2) The Deputy Director for Licensing and Certification.
(3) The Deputy Director for Health Information and Strategic Planning.
(4) The Deputy Director for Public Health Emergency Preparedness.
(5) The California Conference of Local Health Officers.
(6) The Deputy Director for Primary Care and Family Health as follows: Maternal, Child and Adolescent Health as set forth in Part 2 excluding Articles 5, 5.5, 6, and 6.5 of Chapter 3, Part 3, Part 5 excluding Articles 1 and 2 of Chapter 2, Part 7 and Part 8, of Division 106.
(b) It is the intent of the Legislature that, in implementing this article, the duties, powers, purposes, and responsibilities transferred to the State Department of Public Health shall include those formerly performed by the programs of the former State Department of Health Services set forth in this article, provided, however, that nothing in this article shall be construed to require that the State Department of Public Health be organized according to programs described in this article, or to limit the authority or discretion of the State Public Health Officer pursuant to Section 11152 of the Government Code to organize the State Department of Public Health, unless that organization is otherwise required by law. Nothing in this article shall be construed to require that the State Department of Public Health maintain, or refrain from terminating, any program described in this article except to the extent that maintenance of the program is otherwise required by law. Nothing in this article shall be construed to limit or expand the authority of any program described in this article.
(Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131052.5.

131052.5. Commencing July 1, 2022, the Office of Community Partnerships and Strategic Communications, an office within the Office of Planning and Research in the Office of the Governor, succeeds to, and is vested with, all the duties and responsibilities of the State Department of Public Health related to the administration or implementation of the COVID-19 vaccine-related public education and outreach campaigns in the manner described in Section 65052.7 of the Government Code.
(Added by Stats. 2022, Ch. 48, Sec. 57. (SB 189) Effective June 30, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131053.

131053. In the event of any conflict between Sections 131050, 131051, and 131052, Section 131052 shall prevail over Section 131051, and Section 131050 shall prevail over Sections 131051 and 131052.
(Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131056.

131056. The department may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:
(a) To enforce its regulations.
(b) To enjoin and abate nuisances dangerous to health.
(c) To compel the performance of any act specifically enjoined upon any person, officer, or board, by any law of this state relating to the public health.
(d) To protect and preserve the public health.
It may defend all actions and proceedings involving its powers and duties. In all actions and proceedings it shall sue and be sued under the name of the department.
(Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131057.

131057. 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. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131057.5.

131057.5. (a) The State Department of Public Health shall investigate and apply for federal funding opportunities regarding promoting healthy eating and preventing obesity, including, but not limited to, those available under the federal Food, Conservation, and Energy Act of 2008 (Public Law 110-234), the federal Patient Protection and Affordable Care Act (Public Law 111-148), and the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296).
(b) Upon receipt of federal funding regarding promoting healthy eating and preventing obesity, the State Department of Public Health may, in its sole discretion, provide in-kind support and award grants to support local assistance to local governments, nonprofit organizations, and local education agencies that the department deems eligible to encourage the sale and consumption of fresh fruits and vegetables, implement programs and initiatives that prevent obesity and hunger, and promote healthy eating and access to nutritious food in underserved and urban and rural communities. The award of these grants shall be exempt from the State Contract Act (Part 2 (commencing with Section 10100)) of Division 2 of the Public Contract Code.
(Added by Stats. 2011, Ch. 503, Sec. 2. (AB 152) Effective January 1, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131058.

131058. The State Department of Public Health may investigate, apply for, and enter into agreements to secure federal or nongovernmental funding opportunities for the purposes of advancing public health, subject to the provisions of Section 13326 of the Government Code for federal funding or applicable administrative review and approval for nongovernmental funding opportunities.
(Added by Stats. 2014, Ch. 31, Sec. 29. (SB 857) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131075.

131075. The department may enjoin and abate public nuisances.
(Added by renumbering Section 100175 by Stats. 2006, Ch. 241, Sec. 19. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131080.

131080. The department may advise all local health authorities, and, when in its judgment the public health is menaced, it shall control and regulate their action.
(Added by renumbering Section 100180 by Stats. 2006, Ch. 241, Sec. 20. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131082.

131082. Every person charged with the performance of any duty under the laws of this state relating to the preservation of the public health, who willfully neglects or refuses to perform the same, is guilty of a misdemeanor.
(Added by renumbering Section 100182 by Stats. 2006, Ch. 241, Sec. 21. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131085.

131085. (a)  The department may perform any of the following activities relating to the protection, preservation, and advancement of public health:
(1) Studies.
(2) Demonstrations of innovative methods.
(3) Evaluations of existing projects.
(4) Provision of training programs.
(5) Dissemination of information.
(b) In performing an activity specified in subdivision (a), the department may do any of the following:
(1) Perform the activity directly.
(2) Enter into contracts, cooperative agreements, or other agreements for the performance of the activity.
(3) Apply for and receive grants for the performance of the activity.
(4) Award grants for the performance of the activity.
(Added by renumbering Section 100185 by Stats. 2006, Ch. 241, Sec. 22. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131088.

131088. (a) The department, in the licensing and certification of health professions in accordance with this chapter, shall not prohibit earn and learn programs for training of personnel. The department shall use licensing and certification standards that authorize the use of earn and learn training.
(b) Notwithstanding subdivision (a), the department shall not be required to establish a mandate specifying an accrediting entity must provide earn and learn programs for training in a profession licensed or certified by the department.
(c) As used in this section, “earn and learn” has the same meaning as defined in subdivision (q) of Section 14005 of the Unemployment Insurance Code.
(d) This section shall become operative on January 1, 2024.
(Added by Stats. 2021, Ch. 477, Sec. 3. (AB 1273) Effective January 1, 2022. Operative January 1, 2024, by its own provisions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131090.

131090. The department may provide for consultant and advisory services and for the training of technical and professional personnel in educational institutions and field training centers approved by the department, and for the establishment and maintenance of field training centers in local health departments and in the department.
(Added by renumbering Section 100190 by Stats. 2006, Ch. 241, Sec. 23. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131095.

131095. The department shall cause special investigation of the preparation and sale of drugs and food and their adulteration.
(Added by renumbering Section 100195 by Stats. 2006, Ch. 241, Sec. 24. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
2023 California Code › Health and Safety Code - HSC › DIVISION 112 - PUBLIC HEALTH › PART 1 - GENERAL PROVISIONS › CHAPTER 2 - General Powers of the Department › ARTICLE 1 - General Provisions › Section 131100.

131100. The department shall perform duties as required by law for the detection and prevention of the adulteration of articles used for food and drink, and for the punishment of persons guilty of violation of any law providing against their adulteration.
(Added by renumbering Section 100200 by Stats. 2006, Ch. 241, Sec. 25. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)