2023 California Code › Health and Safety Code - HSC › DIVISION 106 - PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT) › PART 2 - MATERNAL, CHILD, AND ADOLESCENT HEALTH › CHAPTER 1 - General Provisions › ARTICLE 2 - Women, Infants, and Children s Nutrition › Section 123290.

123290. The department, under any program established pursuant to this article, shall do all of the following:
(a)  Establish guidelines to determine resource allocation giving consideration to an area’s nutritional need.
(b)  Designate the counties within which a program will be conducted, with the approval of those counties.
(c)  Establish the minimum nutritional requirements for recipients.
(d)  Designate specific supplemental foods to meet the minimum nutritional requirements for recipients.
(e)  Develop and maintain a system for the delivery of supplemental foods to recipients through the distribution of supplemental foods designated in subdivision (d) and nutrition coupons when other methods of delivery are impractical.
(f)  (1)  Develop and coordinate a smoking cessation component of program operations, with consideration of local agency plans, needs, and available tobacco education resources.
(2)  In consultation with the directors of local agencies and with other individuals with expertise in the field of smoking cessation, identify and promulgate a strategy for smoking cessation in the state plan of operation and administration of the WIC program, including, but not limited to all of the following:
(A)  Designating an agency staff member to coordinate smoking cessation efforts.
(B)  Providing training on smoking cessation and tobacco education to designated staff members of local agencies who are responsible for counseling participants in the program.
(3)  Develop and implement procedures to ensure that tobacco use screening and education, including, but not limited to, smoking cessation counseling and referrals where appropriate, are offered to all participants.
(g)  (1)  Establish guidelines and criteria to be used by participating local agencies, when determining recipient eligibility, that require, in addition to a recipient being a low-income pregnant woman, or a low-income postpartum and lactating woman, or a low-income infant or child under five years of age, that the recipient be at nutritional risk.
(2)  A health professional on the staff of the local agency shall determine if a person is at nutritional risk through a medical or nutritional assessment. This determination may be based on referral data submitted by a health professional not on the staff of the local agency. The person’s height or length and weight shall be measured, and a hematological test for anemia, such as a hemoglobin or hematocrit test, shall be performed. However, the tests shall not be required for infants under six months of age. In addition, the blood test shall not be required for children who were determined to be within the normal range at their last program certification. However, the blood test shall be performed on the children at least once a year. A breastfeeding woman may be certified if the child she is breastfeeding is determined to be at nutritional risk and the woman meets the income eligibility criteria.
(h)  Operate the program as an adjunct to existing health services.
(i)  Seek federal funds to carry out this article.
(Added by Stats. 1995, Ch. 415, Sec. 8. Effective January 1, 1996.)