reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 14 - Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection › Section 121305.

121305. For the purposes of this chapter, the following definitions apply:
(a)  “AIDS” means acquired immune deficiency syndrome.
(b)  “An HIV-positive individual” means an individual who is infected with the AIDS virus.
(c)  “Committee” means the AIDS Vaccine Research and Development Advisory Committee.
(d)  “Grant award” means an AIDS Vaccine Clinical Trial Grant Award for the Prevention of Maternal Transmission of HIV Infection.
(e)  “AIDS vaccine,” for the purposes of this chapter, means a vaccine that has been developed by a manufacturer and is being tested and administered for the purposes of determining whether immunization of HIV-infected pregnant women will protect against maternal transmission of the AIDS virus. Clinical trials must be conducted under an investigational new drug (IND) application on file with the federal Food and Drug Administration (FDA).
(f)  “Research subject” means a person who is administered an AIDS vaccine, or a fetus of a woman administered an AIDS vaccine, or a child born to a woman administered an AIDS vaccine during pregnancy.
(g)  “Researcher” means a person employed by or affiliated with a manufacturer or a research institution, who participates in the development or testing or administration of an AIDS vaccine, or who is involved in the diagnosis and treatment of a research subject.
(Amended by Stats. 1997, Ch. 294, Sec. 23. Effective August 18, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 14 - Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection › Section 121310.

121310. A manufacturer, research institution, or researcher shall, prior to the administration of an AIDS vaccine to a research subject, obtain that woman’s informed consent, that shall comply with all applicable statutes and regulations.
(a)  The informed consent shall contain a statement that significant new findings developed during the course of the research that may relate to the subject’s willingness to continue participation will be provided to the subject.
(b)  A copy of the informed consent shall be maintained with the woman’s medical records.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 14 - Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection › Section 121315.

121315. (a)  A manufacturer, research institution, or researcher shall not be strictly liable for personal injury or wrongful death resulting from the administration of any AIDS vaccine to a research subject participating in the clinical trials described in this chapter.
(b)  It is the intent of the Legislature in enacting this section to confer upon manufacturers, research institutions, and researchers participating in the clinical trials described in this chapter an immunity from liability to the same extent as conferred upon specified pharmaceutical manufacturers under Brown v. Superior Court, 44 Cal. 3d 1049.
(c)  No immunity shall be conferred to the extent that the injury or death was caused by the negligence, gross negligence, or reckless, willful, or wanton misconduct of the manufacturer, research institution, or researcher or the manufacturer, research institution, or the researcher has failed to comply with Section 121310.
(d)  The immunity provided by this section shall not apply to a manufacturer, research institution, or researcher who intentionally provided false information to the FDA in connection with an IND application.
(e)  Notwithstanding the immunity provided by this section, nothing in this section shall be construed to affect the inapplicability or applicability of the holding in Brown v. Superior Court, 44 Cal. 3d 1049 to other situations involving the same or similar conduct.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 14 - Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection › Section 121320.

121320. No person shall be denied the opportunity to be a research subject because of the inability to pay for medical treatment.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 14 - Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection › Section 121330.

121330. If a manufacturer that is a grant recipient sells, delivers, or distributes an AIDS vaccine that has received FDA approval for use by the general population and that was developed in whole or in part using a grant awarded pursuant to this chapter, the State of California shall be reimbursed for the grant as provided in this section.
Until the total amount of the grant is repaid, repayments in the amount of one dollar ($1) per dose from the sale of the AIDS vaccine shall be deposited by the grant recipient into the General Fund. Upon payment in full of the grant amount into the General Fund, a royalty on the sale of the vaccine from the grant recipient shall be deposited into the General Fund. The percentage amount of the royalty shall be negotiated at the time of the grant award.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 14 - Acquired Immune Deficiency Syndrome (AIDS) Clinical Trial Grant Award for the Prevention of Maternal Transmission of Human Immunodeficiency Virus (HIV) Infection › Section 121335.

121335. It is the intent of the Legislature for the department to make every effort possible to insure a comprehensive and diverse expert representation on the committee. It is the intent of the Legislature to ensure that expert members of the committee include, but are not limited to, ethnic minorities and women.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 15 - HIV Reporting Systems › Section 121340.

121340. (a)  The State Department of Health Services, in consultation with the California Conference of Local Health Officers, the California Medical Association, HIV treatment providers, and public health and other stakeholders, shall determine, no later than December 31, 2005, whether California’s HIV reporting system has achieved compliance with standards and criteria necessary to ensure continued federal funding for California under the federal Ryan White Comprehensive AIDS Resources Emergency (CARE) Act of 1990 (Public Law 101-381), as amended October 20, 2000 (Public Law 106-345).
(b)  The department shall inform the appropriate committees of the Legislature of its findings under subdivision (a) by December 31, 2005.
(Amended by Stats. 2012, Ch. 728, Sec. 108. (SB 71) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 16 - Therapeutic Monitoring Program › Section 121345.

121345. (a)  The Legislature finds and declares that therapeutic monitoring is necessary to make appropriate life-prolonging and cost-effective treatment decisions in the management of HIV disease.
(b)  The Director of the Office of AIDS may provide funding for the coverage of therapeutic monitoring assays for HIV disease through the State HIV Therapeutic Monitoring Program.
(c)  (1)  The purpose of the program under this chapter shall be to provide the therapeutic assays for HIV-positive people who could not otherwise afford them.
(2)  The scope of the program shall be determined by the federal and state guidelines for standards of HIV care and availability of funding.
(3)  Priority for funding under the State HIV Therapeutic Monitoring Program shall be given to the state-funded Early Intervention Program sites.
(d)  Therapeutic monitoring under this chapter shall include, but not be limited to, viral load and resistance assays.
(e)  Coverage awards shall be made to counties on the basis of need. The determination of awards shall be made by the Office of AIDS, depending on the availability of state and federal funding for the program. Counties may cover those assays that are determined to be necessary and are not covered under the state program.
(Added by Stats. 2003, Ch. 230, Sec. 11. Effective August 11, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 17 - Pre- and Post-Exposure Prophylaxis › Section 121348.

121348. (a)  The department, through its Office of AIDS, shall appoint and convene a task force to develop recommendations for the use of post-exposure prophylaxis (PEP) in the general population, for the prevention of human immunodeficiency virus (HIV) infection.
(b)  In performing its duties under this chapter, the task force shall review and consider PEP guidelines established by other jurisdictions, both in the United States and abroad.
(Added by Stats. 2003, Ch. 746, Sec. 2. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 17 - Pre- and Post-Exposure Prophylaxis › Section 121348.2.

121348.2. (a)  The task force shall consist of no more than 10 members, including, but not be limited to, representatives with PEP experience from all of the following:
(1)  Research scientists.
(2)  Patients who have received PEP treatment.
(3)  HIV physicians or clinicians.
(4)  HIV prevention, education, or mental health providers.
(5)  Public health officials.
(6)  The Office of AIDS.
(7)  Health plan representatives.
(b)  A representative of the Office of AIDS shall serve as the chair of the task force and shall coordinate the proceedings and actions of the task force as necessary and appropriate.
(c)  The department shall designate a physician member of the task force to serve as the cochair of the task force. The cochair shall consult with and advise the department and draft the recommendations for the use of PEP in the general population. The cochair shall serve without compensation or reimbursement for expenses beyond any existing contract with the department, consistent with subdivision (f).
(d)  The task force shall be implemented only through existing state resources.
(e)  Notwithstanding subdivision (d), the department may seek assistance, including financial and in-kind assistance, from other government, educational, and private sources for purposes of convening the task force and developing the recommendations required by this section.
(f)  Representatives appointed to the task force shall serve without compensation and without reimbursement of expenses beyond any existing contract with the department. If the department is unable to secure representatives willing to serve on the task force without compensation or reimbursement for expenses beyond any existing contract with the department, the department may choose not to convene the task force or develop recommendations required by this section.
(g)  The recommendations produced by the task force shall be approved by the department in consultation with the cochair and shall be made available through posting on the department’s Web site. The department is not required to print or mail the recommendations.
(Added by Stats. 2003, Ch. 746, Sec. 2. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 17 - Pre- and Post-Exposure Prophylaxis › Section 121348.4.

121348.4. Upon an appropriation in the annual Budget Act, the State Department of Public Health shall establish the Pre-Exposure Prophylaxis (PrEP) Navigator Services Program, under which the department shall provide for the following activities:
(a) Oversight and evaluation of the PrEP Navigator Services Program.
(b) Implementation of a process to request applications, and award funding on a competitive basis, to community-based organizations or local health departments. An eligible entity shall collaborate with the Office of AIDS to conduct outcome and process evaluation of navigator services. An entity in any county shall be eligible to receive funding if it can demonstrate all of the following:
(1) Capacity to ensure access for and serve the most vulnerable and underserved Californians at high risk for HIV.
(2) Ability to develop protocols to conduct outreach to targeted populations, to provide PrEP education to clients and providers, and to assess and refer persons to appropriate clinical care and prevention services.
(c) Development and distribution of PrEP education materials statewide, including providing training for and support of any additional activity that is consistent with the goals of this chapter.
(Added by Stats. 2015, Ch. 18, Sec. 18. (SB 75) Effective June 24, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 18 - Clean Needle and Syringe Exchange Program › Section 121349.1.

121349.1. The State Department of Public Health or a city, county, or a city and county with or without a health department, that acts to authorize a clean needle and syringe exchange project pursuant to this chapter shall, in consultation with the State Department of Public Health, authorize the exchange of clean hypodermic needles and syringes, as recommended by the United States Secretary of Health and Human Services, subject to the availability of funding, as part of a network of comprehensive services, including treatment services, to combat the spread of HIV and bloodborne hepatitis infection among injection drug users. Staff and volunteers participating in an exchange project authorized by the state, county, city, or city and county pursuant to this chapter shall not be subject to criminal prosecution for violation of any law related to the possession, furnishing, or transfer of hypodermic needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability during participation in an exchange project. Program participants shall not be subject to criminal prosecution for possession of needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability acquired from an authorized needle and syringe exchange project entity.
(Amended (as amended by Stats. 2011, Ch. 744, Sec. 2) by Stats. 2018, Ch. 34, Sec. 15. (AB 1810) Effective June 27, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 18 - Clean Needle and Syringe Exchange Program › Section 121349.2.

121349.2. Local government, local health officials, and law enforcement shall be given the opportunity to comment on clean needle and syringe exchange programs on a biennial basis. The public shall be given the opportunity to provide input to local leaders to ensure that any potential adverse impacts on the public welfare of clean needle and syringe exchange programs are addressed and mitigated.
(Amended (as amended by Stats. 2011, Ch. 744, Sec. 3) by Stats. 2018, Ch. 34, Sec. 17. (AB 1810) Effective June 27, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 4 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) › CHAPTER 18 - Clean Needle and Syringe Exchange Program › Section 121349.3.

121349.3. The health officer of the participating jurisdiction shall present biennially at an open meeting of the board of supervisors or city council a report detailing the status of clean needle and syringe exchange programs, including, but not limited to, relevant statistics on bloodborne infections associated with needle sharing activity and the use of public funds for these programs. Law enforcement, administrators of alcohol and drug treatment programs, other stakeholders, and the public shall be afforded ample opportunity to comment at this biennial meeting. The notice to the public shall be sufficient to ensure adequate participation in the meeting by the public. This meeting shall be noticed in accordance with all state and local open meeting laws and ordinances, and as local officials deem appropriate. For hypodermic needle and syringe exchange services authorized by the State Department of Public Health, a biennial report shall be provided by the department to the local health officer based on the reports to the department from service providers within the jurisdiction of that local health officer.
(Amended (as amended by Stats. 2011, Ch. 744, Sec. 4) by Stats. 2018, Ch. 34, Sec. 19. (AB 1810) Effective June 27, 2018.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121350.

121350. The department shall maintain a program for the control of tuberculosis. The department shall administer the funds made available by the state for the care of tuberculosis patients.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121355.

121355. Notwithstanding any other provision of this chapter a county that has elected to come under Section 14150.1 of the Welfare and Institutions Code shall not receive any tuberculosis subsidy or reimbursement from the state under the provisions of this chapter.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121357.

121357. The state department shall be the lead agency for all tuberculosis control and prevention activities at the state level.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121358.

121358. (a)  Notwithstanding any other provision of law, individuals housed or detained through the tuberculosis control, housing, and detention program shall not reside in correctional facilities, and the funds available under that program with regard to those individuals shall not be disbursed to, or used by, correctional facilities. This section shall not be interpreted to prohibit the institutionalization of criminals with tuberculosis in correctional facilities.
(b)  The department shall work with local health jurisdictions to identify a detention site for recalcitrant tuberculosis patients appropriate for each local health jurisdiction in the state. The department shall notify all counties of their designated site by January 1, 1998.
(Added by Stats. 1997, Ch. 294, Sec. 24. Effective August 18, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121360.

121360. Pulmonary tuberculosis is an infectious and communicable disease, dangerous to the public health, and all proper expenditures that may be made by any county, pursuant to this chapter, are necessary for the preservation of the public health of the county.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121363.

121363. Each health care provider who treats a person for active tuberculosis disease shall examine, or cause to be examined, all household contacts or shall refer them to the local health officer for examination. Each health care provider shall promptly notify the local health officer of the referral. When required by the local health officer, nonhousehold contacts and household contacts not examined by a health care provider shall submit to examination by the local health officer or designee. If any abnormality consistent with tuberculosis disease is found, steps satisfactory to the local health officer shall be taken to refer the person promptly to a health care provider for further investigation, and if necessary, treatment. Contacts shall be reexamined at times and in a manner as the local health officer may require. When requested by the local health officer, a health care provider shall report the results of any examination related to tuberculosis of a contact.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121364.

121364. (a)  Within the territory under his or her jurisdiction, each local health officer may order examinations for tuberculosis infection for the purposes of directing preventive measures for persons in the territory, except those incarcerated in a state correctional institution, for whom the local health officer has reasonable grounds to determine are at heightened risk of tuberculosis exposure.
(b)  An order for examination pursuant to this section shall be in writing and shall include other terms and conditions as may be necessary to protect the public health.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121366.

121366. The local health officer may detain in a hospital or other appropriate place for examination or treatment, a person who is the subject of an order of detention issued pursuant to subdivision (a), (d), or (e) of Section 121365 without a prior court order except that when a person detained pursuant to subdivision (a), (d), or (e) of Section 121365 has requested release, the local health officer shall make an application for a court order authorizing the continued detention within 72 hours after the request or, if the 72-hour period ends on a Saturday, Sunday, or legal holiday, by the end of the first business day following the Saturday, Sunday, or legal holiday, which application shall include a request for an expedited hearing. After the request for release, detention shall not continue for more than five business days in the absence of a court order authorizing detention. However, in no event shall any person be detained for more than 60 days without a court order authorizing the detention. The local health officer shall seek further court review of the detention within 90 days following the initial court order authorizing detention and thereafter within 90 days of each subsequent court review. In any court proceeding to enforce a local health officer’s order for the removal or detention of a person, the local health officer shall prove the particularized circumstances constituting the necessity for the detention by clear and convincing evidence. Any person who is subject to a detention order shall have the right to be represented by counsel and upon the request of the person, counsel shall be provided.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121368.

121368. Notwithstanding any inconsistent provision of Section 121365, 121366 or 121367, all of the following shall apply:
(a)  A person who is detained solely pursuant to subdivision (a) of Section 121365 shall not continue to be detained beyond the minimum period of time required, with the exercise of all due diligence, to make a medical determination of whether a person who is suspected of having tuberculosis disease, has active tuberculosis or whether a person who has active tuberculosis disease has infectious tuberculosis disease. Further detention of the person shall be authorized only upon the issuance of a local health officer’s order pursuant to subdivision (d) or (e) of Section 121365.
(b)  A person who is detained solely for the reasons described in subdivision (d) of Section 121365 shall not continue to be detained after he or she ceases to be infectious or after the local health officer ascertains that changed circumstances exist that permit him or her to be adequately separated from others so as to prevent transmission of tuberculosis disease after his or her release from detention.
(c)  A person who is detained for the reasons described in subdivision (e) of Section 121365 shall not continue to be detained after he or she has completed an appropriate prescribed course of medication.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121369.

121369. For purposes of Sections 121365, 121366, and 121367, all of the following shall apply:
(a)  If necessary, language interpreters and persons skilled in communicating with vision-impaired and deaf or hard-of-hearing individuals shall be provided in accordance with applicable law.
(b)  Those sections do not permit or require the forcible administration of any medication without a prior court order.
(c)  Any and all orders authorized under those sections shall be made by the local health officer. His or her authority to make the orders may be delegated to the person in charge of medical treatment of inmates in penal institutions within the local health officer’s jurisdiction, or pursuant to Section 7. The local health officer shall not make any orders incorporating by reference any other rules or regulations.
(Amended by Stats. 2016, Ch. 94, Sec. 19. (AB 1709) Effective January 1, 2017.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121370.

121370. No examination or inspection shall be required of any person who depends exclusively on prayer for healing in accordance with the teachings of any well recognized religious sect, denomination or organization and claims exemption on that ground, except that the provisions of this code regarding compulsory reporting of communicable diseases and isolation and quarantine shall apply where there is probable cause to suspect that the person is infected with the disease in a communicable stage. Such person shall not be required to submit to any medical treatment, or to go to or be confined in a hospital or other medical institution; provided, he or she can be safely quarantined and/or isolated in his or her own home or other suitable place of his or her choice.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121375.

121375. The department may inspect and have access to all records of all institutions and clinics, both public and private, where tuberculosis patients are treated.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121380.

121380. The department may advise officers of state educational, correctional, and medical institutions regarding the control of tuberculosis and the care of tuberculosis patients.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121390.

121390. The department shall lease any facilities it deems necessary to care for persons afflicted with active contagious tuberculosis who violate the quarantine or isolation orders of the health officer as provided in Section 120280.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121395.

121395. Whenever any person confined in any state institution, as provided in Section 120280, subject to the jurisdiction of the Director of Corrections, dies, and any personal funds or personal property of the person remains in the hands of the Director of Corrections, those funds may be applied in an amount not exceeding three hundred dollars ($300) to the payment of expenses relating to burial; provided, however, that if no such funds are available, the department shall reimburse the Director of Corrections for the expenses in an amount not exceeding three hundred dollars ($300).
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121400.

121400. If the place of confinement of a person confined under the provisions of Section 120280 is in a county other than the county where he or she was convicted, upon release he or she shall be released in the custody of the sheriff of the county where he or she was convicted, and the sheriff shall forthwith return him or her to the place where he or she was convicted without the necessity of a court order or other process. The sheriff shall prior to the return of the person notify the health officer having jurisdiction of the area to which he or she will be returned of the date he or she will reach that area.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121450.

121450. The department may distribute for the purpose of tuberculosis control an annual subvention, paid quarterly, to any local health department that maintains a tuberculosis control program consistent with standards and procedures established by the department. This annual subvention shall be used primarily for the strengthening of tuberculosis prevention activities by local health departments. Further, the department may allocate additional funds to selected local health departments based on high disease incidence, or other standards established by the department. These additional funds shall be expended primarily for the cost of diagnosis, treatment, and followup services required for an effective tuberculosis control program. Services rendered under this section may not be made dependent on status of residence.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121451.

121451. A local entity that receives funding from the state for the purposes of this part, including, but not limited to, funding from the state for tuberculosis control pursuant to Item 4265-111-0001 of Section 2.00 of the annual Budget Act, shall first allocate the moneys received for the following purposes and activities before allocating the moneys for any other purposes or activities described in this part:
(a)  Either of the following activities if those activities are carried out by a local detention facility:
(1)  When a person who has active tuberculosis or is reasonably believed to have active tuberculosis is discharged or released from a detention facility, doing both of the following:
(A)  Drafting and submitting notification to the local health officer.
(B)  Submitting the written treatment plan that includes the information required by Section 121362 to the local health officer. This activity does not include drafting the written treatment plan.
(2)  When a person who has active tuberculosis or is reasonably believed to have active tuberculosis is transferred to a local detention facility in another jurisdiction, doing both of the following:
(A) Drafting and submitting notification to the local health officer and the medical officer of the local detention facility receiving the person.
(B) Submitting the written treatment plan that includes the information required by Section 121362 to the local health officer and the medical officer of the local detention facility receiving the person. This activity does not include drafting the written treatment plan.
(b) Either of the following activities if those activities are carried out by a local health officer or his or her designee:
(1) Receiving and reviewing for approval within 24 hours of receipt only those treatment plans submitted by a health facility. This activity includes all of the following:
(A) Receiving the health facility’s treatment plan.
(B) Sending a request to a health facility for medical records and information on tuberculosis medications, dosages, and diagnostic workup and reviewing records and information.
(C) Coordinating with the health facility on any adjustments to the treatment plan.
(D) Sending approval to the health facility.
(2) Drafting and sending a notice to the medical officer of a parole region, or a physician or surgeon designated by the Department of Corrections and Rehabilitation, if there are reasonable grounds to believe that a parolee has active tuberculosis and ceases treatment for the disease.
(c) For cities, counties, and cities and counties to provide counsel to nonindigent tuberculosis patients who are subject to a civil order of detention issued by a local health officer pursuant to Section 121365 upon request of the patient. Services provided by counsel include representation of the tuberculosis patient at any court review of the order of detention required by Section 121366.
(Added by Stats. 2014, Ch. 31, Sec. 14. (SB 857) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121452.

121452. A local health department or local health officer that receives funding from the state for tuberculosis control pursuant to Item 4265-111-0001 of Section 2.00 of the annual Budget Act for purposes of this part may use those funds to reimburse the actual costs of carrying out the activities described in Section 121451.
(Added by Stats. 2014, Ch. 31, Sec. 15. (SB 857) Effective June 20, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121455.

121455. The department may establish standards and procedures for the operation of local tuberculosis control programs. Such standards shall include, but not be limited to, the maintenance of records and reports relative to services rendered and to expenditures made that shall be reported semiannually to the department in a manner as it may specify.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 1 - Tuberculosis Control › Section 121460.

121460. Of the annual appropriation made to the department for tuberculosis control, the department may expend a sum not to exceed 7.5 percent of the total, for administrative costs. In addition, it may, if it deems necessary, withhold a portion of the appropriation to pay for the cost of regional laboratory services and regional hospitalization facilities for patients whose care cannot be reasonably accomplished in facilities available within a local health department, or it may contract with physicians to supervise the medical care of tuberculosis patients in areas where the specialized care is not available. Further, the appropriation shall be available to purchase materials or drugs used in tuberculosis control for distribution to local health departments.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121475.

121475. In enacting this chapter, it is the intent of the Legislature to provide:
(a)  A means for the eventual elimination of tuberculosis.
(b)  Persons required to be tested for tuberculosis under this chapter may obtain testing from whatever medical source they desire, subject only to the condition that the testing be performed in accordance with the regulations of the department and that a record of the testing is made in accordance with the regulations.
(c)  Exemptions from tuberculosis tests because of personal beliefs.
(d)  For the keeping of adequate records of tuberculosis tests so that health departments, schools, and other institutions, parents or guardians, and the persons tested will be able to ascertain that a child is free from active tuberculosis, and so that appropriate public agencies will be able to ascertain the testing needs of groups of children in schools or other institutions.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121480.

121480. As used in this chapter, the following terms shall have the following meanings:
(a)  “Governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution.
(b)  “Certificate” means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency, a unit of the American Lung Association, or any other private or public source, any of which indicates examination for, and freedom from, active tuberculosis.
(c)  “Department” means State Department of Health Services.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121485.

121485. (a)  If the local health officer determines that persons seeking first admission to any private or public elementary or secondary school or institution are reasonably suspected of having tuberculosis and further determines that the examination of the persons for tuberculosis is necessary for the preservation and protection of the public health, he or she may issue an order requiring the persons to undergo a tuberculosis examination.
(b)  If an order has been issued pursuant to subdivision (a), the governing authority shall not unconditionally admit any person subject to the order as a pupil of any private or public elementary or secondary school, or institution, unless prior to his or her first admission to that institution, he or she provides evidence to the institution of a certificate showing that he or she is free of communicable tuberculosis.
(c)  Thereafter, any such pupil may be required to undergo the tuberculosis examinations and provide another certificate showing that he or she is free of communicable tuberculosis, if the local health officer orders the examination.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121490.

121490. The examination shall consist of either an approved intradermal tuberculin skin test or any other test for tuberculosis infection that has been recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration, that, if positive, is followed by an X-ray of the lungs.
(Amended by Stats. 2007, Ch. 24, Sec. 5. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121495.

121495. (a)  A person subject to an order made pursuant to subdivision (a) of Section 121485 who does not have on file the certificate required by this chapter may be admitted by the governing authority on condition that within time periods designated by regulations of the department, he or she will provide the certificate.
(b)  The governing authority shall prohibit from further attendance any person admitted conditionally who fails to obtain and provide the required certificate within the time limits allowed in the regulations of the department, unless the person is exempted under Section 121505, until the person has provided the certificate to the governing authority.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121500.

121500. The examinations required by this chapter may be administered by any private or public source desired.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121505.

121505. The certificate shall not be required for a person who is subject to an order made pursuant to subdivision (a) of Section 121485, if the parent, guardian, or other adult who has assumed responsibility for his or her care and custody in case of a minor, or the person seeking admission, if an emancipated minor, provides to the governing authority an affidavit stating that the examination required to obtain the certificate is contrary to his or her beliefs. If at any time there should be probable cause to believe that the person is afflicted with active tuberculosis, he or she may be excluded from the school or other institution listed in Section 121485 until the governing board is satisfied that he or she is not so afflicted.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121510.

121510. Any person or organization administering tuberculosis examinations shall furnish each person examined, or his or her parent or guardian, as appropriate, with a certificate of the examination results given in a form prescribed by the department.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121515.

121515. The governing authority shall cooperate with the local health officer in carrying out any programs ordered by the local health officer for the tuberculosis examinations of persons applying for first admission to any school or institution under its jurisdiction. The governing board of any school district may use funds, property, and personnel of the district for that purpose.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 2 - Tuberculosis Tests for Pupils › Section 121520.

121520. The department, in consultation with the State Department of Education, shall adopt and enforce all rules and regulations necessary to carry out this chapter.
(Amended by Stats. 2006, Ch. 538, Sec. 444. Effective January 1, 2007.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 3 - Tuberculosis Tests for Employees › Section 121530.

121530. The examination shall consist of either an approved intradermal tuberculin test or any other test for tuberculosis infection that has been recommended by the CDC and licensed by the FDA, that, if positive, shall be followed by an X-ray of the lungs.
(Amended by Stats. 2008, Ch. 179, Sec. 157. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 3 - Tuberculosis Tests for Employees › Section 121535.

121535. The X-ray may be taken by a competent and qualified X-ray technician if the X-ray is subsequently interpreted by a licensed physician and surgeon.
(Amended by Stats. 2014, Ch. 329, Sec. 3. (AB 1667) Effective January 1, 2015.)
2023 California Code › Health and Safety Code - HSC › DIVISION 105 - COMMUNICABLE DISEASE PREVENTION AND CONTROL › PART 5 - TUBERCULOSIS › CHAPTER 3 - Tuberculosis Tests for Employees › Section 121540.

121540. The school shall maintain a file containing an up-to-date certificate for each person covered by this chapter. It shall be the duty of the county health officer of each county to insure that the provisions of this chapter are complied with.
(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)