reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 2 - Program Administration › Section 6824 - State and Local Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Annual plan and budget. On or before March 15 of each year, each governing body
					 shall submit to the Department's Child Health and Disability Prevention Program the
					 following:
(1) A summary of the previous fiscal
					 year's activity ending the previous June 30.
(2) A summary of the current fiscal year's
					 activity from the previous July 1 to the date of the revised budget submittal. A
					 projection of activities from the date of the revised budget submittal through June
					 30 of the current fiscal year is desirable, but optional.
(3) A description of the community program to be
					 offered the next fiscal year, including expected program performance goals and
					 activities. Descriptive material submitted as part of a previously state-approved
					 plan need not be repeated. If the community child health and disability prevention
					 program plan is part of the community's more comprehensive child health plan, the
					 more comprehensive plan may be submitted in lieu of a separate community child
					 health and disability prevention program plan.
(4) A budget for the next fiscal year beginning
					 July 1.
(A) The community child health and
					 disability prevention program budget for the budget year shall be limited to those
					 items, including equipment and remodeling, required to implement the plan approved
					 by the Department's Child Health and Disability Prevention Program.
(B) If the amount appropriated in the State Budget
					 Act and enacted into law for the budget year differs from the amount in the budget
					 submitted by the Governor, each local governing body shall submit to the
					 Department's Child Health and Disability Prevention Program an additional revised
					 plan and budget that reflects the share of the reduction determined by the Director
					 to be applicable to that community child health and disability prevention
					 plan.
(5) A preliminary budget
					 estimate for the following fiscal year beginning the following July 1.
(6) A current agreement between the community
					 child health and disability prevention program and the county welfare department
					 relating to the provision and documentation of child health and disability
					 prevention services to Medi-Cal beneficiaries and setting forth the responsibilities
					 of the community program and the county welfare department to assure adequate
					 informing, outreach, referral and follow-up.
(7) Other information which may be required by the
					 Department's Child Health and Disability Prevention Program.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 2 - Program Administration › Section 6826 - State and Local Information and Training Responsibilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
						filed 11-28-79 as an emergency; effective upon filing (Register 79, No. 48). A
						Certificate of Compliance must be filed within 120 days or emergency language will
						be repealed on 3-28-80.
2. Certificate of Compliance filed 3-27-80
						(Register 80, No. 13).
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code. Reference: Sections
						  320, et seq., Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 3 - Eligibility for Services and Reimbursement › Section 6830 - Eligibility for Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Medi-Cal
					 beneficiaries shall be eligible for periodic health assessments, and for diagnosis
					 and treatment, if necessary, in accordance with the provisions of this
					 subchapter.
(b) Any child
(1) between birth and 90 days after entrance into
					 the first grade who is not a Medi-Cal beneficiary and
(2) all persons under 19 years of age whose family
					 income is not more than 200 percent of the federal poverty level shall be eligible
					 for health assessments in accordance with the provisions of this subchapter.
					 Availability of services and reimbursement for these services shall depend on the
					 amount of funds appropriated by the Legislature for the services as specified in
					 section 6832(b).
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 3 - Eligibility for Services and Reimbursement › Section 6832 - Eligibility for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 costs of periodic health assessments provided to Medi-Cal beneficiaries shall be
					 reimbursed by the State in accordance with the schedule of maximum allowances
					 specified in section
					 6868.
(b) If the amount of funds appropriated in the
					 State Budget Act are sufficient, the costs of health assessments provided to (1)
					 children between birth and 90 days after entrance into the first grade, who are not
					 Medi-Cal beneficiaries, and (2) all persons under 19 years of age whose family
					 income is not more than 200 percent of federal poverty level shall be reimbursed by
					 the State. To the extent that funds are not sufficient, these costs shall be
					 reimbursed only for those children who meet the age and family income criteria
					 defined by the Department's Child Health and Disability Prevention
					 Program.
(c) The costs of diagnosis and
					 treatment services provided to Medi-Cal beneficiaries as a result of health
					 assessments shall be reimbursed by the State in accordance with the Medi-Cal fee
					 schedules, subject to any applicable Medi-Cal program limitations.
1. Amendment
						filed 11-28-79 as an emergency; effective upon filing (Register 79, No. 48). A
						Certificate of Compliance must be filed within 120 days or emergency language will
						be repealed on 3-28-80.
2. Certificate of Compliance filed 3-27-80
						(Register 80, No. 13).
3. Amendment of subsection (b) filed 2-27-90 as an
						emergency pursuant to Section
						12, Chapter 1331, Statutes of 1989;
						operative 2-27-90 (Register 90, No. 9). A Certificate of Compliance must be
						transmitted to OAL within 120 days or emergency language will be repealed by
						operation of law on 6-27-90.
4. Certificate of Compliance as to 2-27-90
						order transmitted to OAL 6-19-90 and filed 7-18-90 (Register 90, No.
						38).
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code; and Section
						  12, Assembly Bill 75 (Chapter 1331,
						  Statutes of 1989). Reference: Sections
						  322.5,
						  323.2
						  and
						  24165.3,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 4 - Required Services › Section 6840 - Required Services. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
						filed 12-1-79 as an emergency; effective upon filing (Register 79, No. 48). A
						Certificate of Compliance must be filed within 120 days or emergency language will
						be repealed on 3-28-80.
2. Certificate of Compliance filed 3-27-80
						(Register 80, No. 13).
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code. Reference: Sections
						  321.2
						  (a)-(e), Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 4 - Required Services › Section 6843 - Referral to Dentist

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Availability.
(1) A direct referral to a dentist
					 shall be made for eligible Medi-Cal beneficiaries three years of age and older
					 unless dental services have been declined. The dental referral is for the purpose of
					 diagnosis and treatment. Dental treatment consists of dental care needed for relief
					 of pain and infections, restoration of teeth and maintenance of dental
					 health.
(2) An inspection of the teeth,
					 gums and mouth is part of the health assessment, and referral to a dentist shall be
					 made if appropriate.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 4 - Required Services › Section 6844 - Referral to Health Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following shall apply to all persons eligible to receive health assessments under
					 the provisions of this subchapter:
(1) All
					 reasonable steps, including assistance in scheduling and completing appointments if
					 requested, and in following up initial efforts, shall be taken to ensure that
					 persons eligible to receive health assessments, and who request a health assessment,
					 receive it.
(2) Appointments for
					 requested health assessments shall be completed in a reasonable period of time,
					 normally not to exceed 60 days.
(3) The
					 first source of referral for a health assessment shall be the person's usual source
					 of health care. Preference should be given to the comprehensive care provider. If no
					 usual source of health care can be identified, the person shall be given, without
					 prejudice for or against any one provider, the names and locations of at least three
					 providers, when available, who have been approved as providers of health assessments
					 by the community child health and disability prevention program director. The
					 availability of health assessments directly from the clinic operated by the
					 community program may also be made known to the person.
(4) Although a person may choose to receive a
					 health assessment from a provider of the person's choice, to be eligible for state
					 reimbursement, the health assessment shall be provided by providers who have been
					 approved to bill the Department for these services.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 4 - Required Services › Section 6846 - Health Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Conditions. The following conditions apply to health assessments provided to
					 eligible persons:
(1) A health assessment shall not
					 be provided without the voluntary consent of the patient.
(2) A health assessment shall not be provided to
					 minors without the prior and written consent of the minor's parent or guardian
					 unless one or more of the following circumstances exist:
(A) The minor is emancipated.
(B) The minor is married.
(C) The minor is a member of the military
					 forces.
(D) Provision of the service is
					 exempted from parental consent by federal or state statute or
					 regulation.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 4 - Required Services › Section 6848 - Certification for School Entry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
					 child receives a health assessment under provisions of this subchapter, and must
					 present documentation to the school in which the child is to enroll that the
					 appropriate health screening procedures specified in Section
					 6846 have been performed, the
					 physician, certified pediatric nurse practitioner or certified family nurse
					 practitioner providing or supervising such screening shall give the child or parent
					 or guardian a certificate documenting that the child has received the appropriate
					 health screening procedures. The certificate shall be provided whether the cost of
					 the health assessment is reimbursed by the State or paid on behalf of the
					 child.
(b) A child may be certified for
					 school entry by the child's personal physician, certified pediatric nurse
					 practitioner or certified family nurse practitioner without receiving a further
					 health assessment if the child has received a physical examination and ongoing
					 comprehensive medical care from that physician, certified pediatric nurse
					 practitioner or certified family nurse practitioner during the 18 months preceding
					 entry into the first grade, or within 90 days thereafter, and that care has included
					 all the applicable health screening procedures outlined in Section
					 6846.
(c) The health certification for school entry
					 shall be on the form provided by the Department, Report of Health Examination For
					 School Entry, PM171A(6/84).
1. New section
						filed 4-16-79, correcting inadvertent omission of section
						6848 from 3-29-79 filing of subchapter
						3; effective 5-16-79 (Register 79, No. 15).
2. Amendment filed 11-28-79
						as an emergency; effective upon filing (Register 79, No. 48). A Certificate of
						Compliance must be filed within 120 days or emergency language will be repealed on
						3-28-80.
3. Certificate of Compliance filed 3-27-80 (Register 80, No.
						13).
4. Amendment of subsections (a), (b), and NOTE filed 10-27-93 as an
						emergency; operative 10-27-93 (Register 93, No. 44). A Certificate of Compliance
						must be transmitted to OAL by 2-25-94 or emergency language will be repealed by
						operation of law on the following day.
5. Certificate of Compliance as to
						10-27-93 order with amendment of subsection (c) transmitted to OAL 2-23-94 and filed
						4-6-94 (Register 94, No. 14).
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code. Reference: Section
						  323.5,
						  Health and Safety Code; Section
						  14132.41,
						  Welfare and Institutions Code; and Sections
						  2834,
						  2835,
						  2835.5
						  and
						  2836,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 4 - Required Services › Section 6850 - Referral to Diagnosis and Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following shall apply to all persons for whom diagnosis and treatment is indicated
					 as a result of initial or periodic health assessments received under the provisions
					 of this subchapter:
(1) All reasonable steps,
					 including assistance in scheduling and completing appointments shall be taken to
					 ensure that persons receive needed diagnosis and treatment services. This referral
					 assistance shall include giving the family or person the names, address and
					 telephone numbers of providers who have expressed a willingness to furnish, at
					 little or no expense to the family, those treatment services which are not
					 reimbursable by the Department.
(2)
					 Appointments for diagnostic and treatment services shall be completed in a
					 reasonable period of time, normally not to exceed 60 days from the time of the
					 health assessment.
(3) The health
					 assessment provider shall be responsible for assisting the person in completing
					 diagnosis and treatment. Such assistance may be rendered directly by the provider or
					 through the provider's agreements with the community child health and disability
					 prevention program, appropriate agency or individual.
(4) The first source of referral for diagnosis and
					 treatment shall be the person's usual source of licensed or certified health care.
					 If a referral is required and no regular source of licensed or certified health care
					 can be identified, the provider shall provide a list of at least three appropriate
					 sources of care, when available, without prejudice for or against any specific
					 source or licensed profession. One of the referral sources may be the health
					 assessment provider. State reimbursement for diagnostic and treatment services
					 provided to Medi-Cal beneficiaries can be made only to providers who have been
					 approved for participation in the Medi-Cal program.
(5) The community child health and disability
					 prevention program shall:
(A) Identify those
					 persons eligible for CHDP services who can obtain needed medical or remedial
					 services through a grantee under Title V of the Social Security Act (Maternal and
					 Child Health and Crippled Children's Services).
(B) Ensure that persons eligible for Title V
					 services are informed of available services, and referred, if they desire, to Title
					 V grantees that offer services appropriate to the persons'
					 needs.
(6) The source of
					 health care selected by the person shall be indicated on the CHDP assessment form.
					 If that source is other than the assessment provider, a copy of the CHDP referral
					 form or equivalent shall be provided, with the person's written permission, to the
					 identified source of healthcare.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 4 - Required Services › Section 6852 - Diagnosis and Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be
					 eligible for state reimbursement, diagnostic and treatment services, which may be
					 required by Medi-Cal beneficiaries as a result of a health assessment received,
					 shall be provided by providers approved for participation in the California Medical
					 Assistance Program. The diagnostic and treatment services shall be in accordance
					 with the provisions of the California Administrative Code, Title 22, Division 3 and
					 subject to any applicable Medi-Cal program limitations.
1. Amendment
						filed 11-28-79 as an emergency; effective upon filing (Register 79, No. 48). A
						Certificate of Compliance must be filed within 120 days or emergency language will
						be repealed on 3-28-80.
2. Certificate of Compliance filed 3-27-80
						(Register 80, No. 13).
3. Amendment filed 5-22-80; effective thirtieth
						day thereafter (Register 80, No. 21).
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code. Reference: Section
						  323,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 5 - Providers of Health Screening and Evaluation Services › Section 6860 - Conditions of Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Dental
					 diagnostic and treatment services shall be provided by or under the supervision of a
					 dentist licensed to practice dentistry in California. To be eligible for state
					 reimbursement, billing for dental services shall be in accordance with the
					 regulations governing the California Medical Assistance Program.
(b) Health assessments shall be performed in
					 accordance with the provisions of this subchapter as follows:
(1) By, or under the supervision and/or
					 responsibility of, a physician licensed to practice medicine in
					 California.
(2) By a certified family
					 nurse practitioner or certified pediatric nurse practitioner, as defined in Title
					 22, Section 51170.3(b) and (c),
					 respectively.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 5 - Providers of Health Screening and Evaluation Services › Section 6862 - Types of Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A health
					 assessment provider shall be a physician, physician group, certified family nurse
					 practitioner, certified pediatric nurse practitioner, or public or private agency or
					 organization that provides the services specified in this subchapter to persons
					 eligible to receive those services.
(b)
					 A provider may agree to provide health assessments only, or may agree to be a
					 comprehensive care provider, that is, to provide health assessments and diagnosis
					 and follow-up services.
(c) A health
					 assessment-only provider shall meet the following conditions unless failure to meet
					 any of them is due to circumstances other than the provider's inaction:
(1) Assure completion of the full range of health
					 assessment services appropriate to the individual as defined in section
					 6846, including anti-tobacco use
					 education and the completion of immunizations and immunization series which could
					 not be given during the health assessment, but which are necessary to make the
					 immunization status current.
(2) Provide
					 referral for diagnosis and treatment, as specified in section
					 6850, for all persons identified as
					 needing such services as a result of health assessments.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 6 - Claiming for Services › Section 6866 - Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The health
					 assessment provider shall inquire of all persons receiving health assessments under
					 provisions of this subchapter as to the person's entitlement to third-party
					 reimbursement for such services. Where such entitlement exists, it shall be billed
					 as follows:
(1) Insurance carriers shall be billed
					 where such entitlement exists.
(2) The
					 Department's Child Health and Disability Prevention Program shall be billed, in the
					 manner specified by the program, for health assessments provided to the following
					 persons:
(A) Medi-Cal beneficiaries if those
					 services are not reimbursable under (1), above.
(B) Persons who are not Medi-Cal beneficiaries and
					 for whom services are not reimbursable under (1), above, but who meet the age and
					 family income criteria specified by the Department's Child Health and Disability
					 Prevention Program.
(3)
					 Persons enrolled in prepaid health plans that contract with the Department shall
					 receive CHDP services from the prepaid health plan in which they are enrolled in
					 accordance with the contract existing between the prepaid health plan and the
					 Department.
(4) Persons may be billed
					 directly for health assessments which are not reimbursable under (1) or (2), above,
					 or the services may be provided at no cost to the person if the provider
					 chooses.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 7 - Records, Reporting and Confidentiality › Section 6870 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Records shall be maintained by the community child health and
						disability prevention program, and those participating in it, for the purposes and
						in the manner specified by the Department's Child Health and Disability Prevention
						Program.
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code. Reference: Sections
						  321.2
						  (c) and
						  321.2
						  (h), Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 7 - Records, Reporting and Confidentiality › Section 6872 - Reporting. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
						filed 11-28-79 as an emergency; effective upon filing (Register 79, No. 48). A
						Certificate of Compliance must be filed within 120 days or emergency language will
						be repealed on 3-28-80.
2. Certificate of Compliance filed 3-27-80
						(Register 80, No. 13).
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code. Reference: Sections
						  320, et seq., Health and Safety
						  Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 13 - Child Health and Disability Prevention Program › Article 7 - Records, Reporting and Confidentiality › Section 6874 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All information and
					 results of the health assessments of each person shall be confidential and shall not
					 be released without the informed consent of the person or parent or
					 guardian.
(b) The results of the health
					 assessment shall not be released to any public or private agency, even with the
					 consent of the person or parent or guardian, unless accompanied by a professional
					 interpretation of what the results mean.
1. Amendment
						filed 11-28-79 as an emergency; effective upon filing (Register 79, No. 48). A
						Certificate of Compliance must be filed within 120 days or emergency language will
						be repealed on 3-28-80.
2. Certificate of Compliance filed 3-27-80
						(Register 80, No. 13).
Note: Authority cited: Sections
						  208 and
						  321,
						  Health and Safety Code. Reference: Section
						  324.5,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 14 - Stop Tobacco Access to Kids Enforcement (STAKE) Act Program › Section 6902 - Warning Sign; Identification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  each retail site that sells or furnishes tobacco products a sign shall be
				  conspicuously posted so that it is likely to be read by a consumer during a sale at
				  each cash register, vending machine or any other point at which sales occur. The
				  sign shall meet the following specifications:
(1)
				  Contain the following words with initial letters capitalized in the following
				  manner: The Sale of Tobacco Products to Persons Under 21 Years of Age Is Prohibited
				  by Law and Subject to Penalties. Valid Identification May Be Required. To Report an
				  Unlawful Tobacco Sale Call 1-800-5ASK-4-ID. Business and Professions Code Section
				  22952.
(2) Be square in shape and no smaller than 5.5
				  inches high by 5.5 inches wide (30.25 square inches) or be rectangular in shape and
				  no smaller than 3.66 inches high by 8.5 inches wide (31.11 square inches). A sign
				  may be larger; however, the sign shall be proportionate to one set of the dimensions
				  set forth in this subdivision.
(3) Be
				  printed in ink that is of high contrast from the color of the background material.
				  (Examples are black ink on white paper or dark blue ink on yellow paper.)
(4) Located at least one-third inch from the top
				  and sides, the following required words shall be no smaller than 20 point medium or
				  bold Helvetica or Futura type face: "The Sale of Tobacco Products to Persons Under
				  21 Years of Age Is Prohibited by Law and Subject to Penalties. Valid Identification
				  May Be Required." Located at least one-third inch from the sides, the following
				  required words shall be no smaller than 30 point medium or bold Helvetica or Futura
				  type face and in all cases 6 point size larger than all other text: "To Report an
				  Unlawful Tobacco Sale Call 1-800-5ASK-4-ID." Located at least one-quarter inch from
				  the sides and bottom, the required legal citation "Business and Professions Code
				  Section
				  22952"
				  shall be no smaller than 12 point medium or bold Helvetica or Futura type
				  face.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 14 - Stop Tobacco Access to Kids Enforcement (STAKE) Act Program › Section 6903 - Inspections; Decoys

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall conduct inspections using decoys who shall present the appearance
				  of an individual under 21 years of age. For purposes of verifying that a decoy
				  appears to be under 21 years of age at the time of the inspection, a photograph or
				  video recording of the decoy shall be taken prior to and on the same day as the
				  inspection and shall be retained by the Department.
(b) A decoy, if requested, shall present valid
				  identification.
(c) A decoy shall be
				  supervised by a regularly employed peace officer at all times during the
				  inspection.
(d) Within 2 working days of
				  a sale of tobacco to a decoy during an inspection, the peace officer who originally
				  accompanied and supervised the decoy during the inspection, shall return to the
				  retail site, advise the seller of the inspection and violation, and identify the
				  decoy to the seller by means of a photograph taken the same day as the
				  inspection.
(e) The Department may use
				  video recording equipment, including video, audio, photographic and other
				  audio/visual recording equipment, to record and document an inspection.
(f) Inspections of retail sites may be conducted:
(1) on the basis of random selection in a given
				  geographic area; or
(2) in response to
				  reports of violations of Penal Code section
				  308 subsection (a)
				  or of Business and Professions Code section
				  22958;
				  or
(3) in response to reports of unlawful
				  sales over the toll-free telephone number authorized by subdivision (b) of section
				  22952
				  of the Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 14 - Stop Tobacco Access to Kids Enforcement (STAKE) Act Program › Section 6904 - Defenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to comply with the procedures set forth in Subdivision
					 (d) of Section
					 22952
					 of the Business and Professions Code and Title 17, California Code of Regulations,
					 Section 6903 shall be a defense to any action
					 brought pursuant to the STAKE Act (Division 8.5 of the Business and Professions
					 Code).
1. New section
					 filed 12-22-95 as an emergency; operative 12-22-95 (Register 95, No. 51). A
					 Certificate of Compliance must be transmitted to OAL by 4-20-96 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 4-17-96 as an emergency; operative 4-20-96 (Register 96, No.
					 16). A Certificate of Compliance must be transmitted to OAL by 8-19-96 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 New section refiled 8-12-96 as an emergency; operative 8-12-96 (Register 96, No.
					 33). A Certificate of Compliance must be transmitted to OAL by 12-10-96 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 New section refiled 12-10-96 as an emergency; operative 12-10-96 (Register 96, No.
					 50). A Certificate of Compliance must be transmitted to OAL by 4-9-97 or emergency
					 language will be repealed by operation of law on the following day.
5.
					 Certificate of Compliance as to 12-10-96 order, including amendment of section,
					 transmitted to OAL 1-8-97 and filed 2-3-97 (Register 97, No.
					 6).
Note: Authority cited: Section
						22952(d),
						Business and Professions Code. Reference: Sections
						22952(d)(1)-(8),
						Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 15 - Syringe Exchange Program (SEP) Certification › Article 3 - Standards for Refusal to Certify an SEP Application › Section 7004 - Standards for Refusal to Certify an SEP Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant whose application contains the deficiencies in
						this Section shall receive department notification to re-apply to address the
						deficiency and the applicant shall have 60-days thereafter to do so. The department
						shall reject an application if any of the following deficiencies exist:
(a) Information submitted in the application is
					 incorrect or incomplete,
(b) The
					 applicant does not meet all the requirements listed in Health and Safety Code
					 Section
					 121349,
(c) Evidence of projected harm to public safety,
					 presented by local law enforcement official(s), is, in the department's judgment,
					 greater than evidence of projected benefits to public health.
1. New article
						3 (section 7004) and section filed 7-16-2013;
						operative 10-1-2013 (Register 2013, No. 29).
Note: Authority cited: Sections
						  121349,
						  121349.1,
						  121349.2,
						  121349.3,
						  131000,
						  131005,
						  131019,
						  131050,
						  131051,
						  131052
						  and
						  131200,
						  Health and Safety Code. Reference: Sections
						  4145
						  and
						  4170,
						  Business and Professions Code; and Sections
						  11364,
						  121285,
						  121349,
						  121349.1,
						  121349.2,
						  121349.3
						  and
						  131019,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 15 - Syringe Exchange Program (SEP) Certification › Article 4 - Renewal of SEP Certification › Section 7006 - Renewal of SEP Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Health and Safety Code Section
						121349,
						certification shall be valid for no more than two years and may be renewed by the
						department.
(a) Before the end of the
					 two-year certification period, the SEP administrator may communicate to the
					 department by mail or email to request renewal of certification for an additional
					 two years.
(b) Pursuant to Health and
					 Safety Code Section
					 121349,
					 the department will consult with the local health officer and local law enforcement
					 leadership regarding reauthorization requests. The department shall have 30 business
					 days to review and respond to the applicant's request for renewal of the
					 certification. If the department does not respond in writing within 30 business days
					 the request for renewal shall be deemed denied.
1. New article
						4 (section 7006) and section filed 7-16-2013;
						operative 10-1-2013 (Register 2013, No. 29).
Note: Authority cited: Sections
						  121349,
						  121349.1,
						  121349.2,
						  121349.3,
						  131000,
						  131005,
						  131019,
						  131050,
						  131051,
						  131052
						  and
						  131200,
						  Health and Safety Code. Reference: Sections
						  11364,
						  121285,
						  121349,
						  121349.1,
						  121349.2,
						  121349.3
						  and
						  131019,
						  Health and Safety Code; and Sections
						  4145
						  and
						  4170,
						  Business and Professions Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 15 - Syringe Exchange Program (SEP) Certification › Article 5 - Denial of Certification Renewal or Revocation of SEP Certification › Section 7008 - Reasons for Denial of Certification Renewal or Revocation of SEP Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An SEP certification shall be revoked and an application for
						renewal of certification shall be denied by the department if the applicant or the
						SEP:
(a) Violates the terms of this
					 Subchapter,
(b) Fails to comply with the
					 provisions of Health and Safety Code Section
					 121349.
1. New article
						5 (sections 7008-7010) and section filed 7-16-2013;
						operative 10-1-2013 (Register 2013, No. 29).
Note: Authority cited: Sections
						  121349,
						  121349.1,
						  121349.2,
						  121349.3,
						  131000,
						  131005,
						  131019,
						  131050,
						  131051,
						  131052
						  and
						  131200,
						  Health and Safety Code. Reference: Sections
						  4145
						  and
						  4170,
						  Business and Professions Code; and Sections
						  11364,
						  121285,
						  121349,
						  121349.1,
						  121349.2,
						  121349.3
						  and
						  131019,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 15 - Syringe Exchange Program (SEP) Certification › Article 5 - Denial of Certification Renewal or Revocation of SEP Certification › Section 7010 - Process to Request Review Following Denial or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person aggrieved by the department's decision to deny,
						revoke or refuse to renew certification, or by the department's deemed denial
						resulting from the department's failure to respond to the applicant's request for
						renewal within 30 business days, may request a hearing.
(a) A request for a hearing must be made in
					 writing within 30 days of the date that the department's notification of denial or
					 revocation was issued, or after the date of the department's deemed denial, if
					 applicable.
(b) The request for hearing
					 must be made in writing to the address found on the department website for the
					 Division Chief of the Office of AIDS in the California Department of Public Health,
					 and must clearly state the reasons for the request.
(c) Hearings shall be conducted pursuant to Health
					 and Safety Code Section
					 131071.
1. New section
						filed 7-16-2013; operative 10-1-2013 (Register 2013, No.
						29).
Note: Authority cited: Sections
						  121349,
						  121349.1,
						  121349.2,
						  121349.3,
						  131000,
						  131005,
						  131019,
						  131050,
						  131051,
						  131052
						  and
						  131200,
						  Health and Safety Code. Reference: Sections
						  4145
						  and
						  4170,
						  Business and Professions Code; and Sections
						  11364,
						  121285,
						  121349,
						  121349.1,
						  121349.2,
						  121349.3,
						  131019
						  and
						  131071,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 15 - Syringe Exchange Program (SEP) Certification › Article 6 - Operational Requirements for Certified SEPs › Section 7012 - Operational Requirements for Certified SEPs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A certified SEP shall include program participant input into
						program design, implementation and evaluation. Program design, implementation and
						evaluation shall be guided by the following plans:
(a) A syringe dispensing plan that:
(1) Is designed to provide new, sterile syringes
					 to meet the needs of participants in accordance with the recommendations made by the
					 U.S. Public Health Service, published in the Centers for Disease Control and
					 Prevention's HIV Prevention Bulletin: Medical Advice for Persons Who Inject Illicit
					 Drugs, May 9,1997, to support the use of a new, sterile syringe for each
					 injection,
(2) Tracks the number of
					 syringes dispensed,
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 15 - Syringe Exchange Program (SEP) Certification › Article 6 - Operational Requirements for Certified SEPs › Section 7014 - Compliance with State Laws and Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The program and its staff shall operate and furnish services
						in compliance with all applicable state laws and regulations.
1. New section
						filed 7-16-2013; operative 10-1-2013 (Register 2013, No. 29).
2.
						Amendment of section heading, section and NOTE filed 10-4-2021; operative 10-4-2021
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2021, No. 41). Filing deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
						calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Sections
						  121349,
						  121349.1,
						  121349.2,
						  121349.3,
						  131000,
						  131005,
						  131019,
						  131050,
						  131051,
						  131052
						  and
						  131200,
						  Health and Safety Code. Reference: Section
						  4170,
						  Business and Professions Code; and Sections
						  11364,
						  121349,
						  121349.1,
						  121349.2,
						  121349.3
						  and
						  131019,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 4 - Preventive Medical Service › Subchapter 15 - Syringe Exchange Program (SEP) Certification › Article 7 - Reporting Requirements for Certified SEPs › Section 7016 - Reporting Requirements for Certified SEPs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
SEPs certified by the department must return a report to the
						department, postmarked or delivered by email by the anniversary date of
						certification each and every year of the program's operation under the department's
						certification. The report shall include:
(a) The data elements listed in Health and Safety
					 Code Section
					 121349(d)(4)
					 and in Article 6, Section
					 7012(d)(2)
					 above;
(b) A report on the events
					 recorded under the community relations plan, listed in Article 6, Section
					 7012(e)
					 above.
1. New article
						7 (section 7016) and section filed 7-16-2013;
						operative 10-1-2013 (Register 2013, No. 29).
Note: Authority cited: Sections
						  121349,
						  121349.1,
						  121349.2,
						  121349.3,
						  131000,
						  131005,
						  131019,
						  131050,
						  131051,
						  131052
						  and
						  131200,
						  Health and Safety Code. Reference: Sections
						  4145
						  and
						  4170,
						  Business and Professions Code; and Sections
						  11364,
						  121285,
						  121349,
						  121349.1,
						  121349.2,
						  121349.3
						  and
						  131019,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 1 - Engineering (Sanitary) › Group 1 - DOMESTIC WATER SUPPLIES QUALITY AND MONITORING [REPEALED]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
					 Group I (Articles 1-5, Sections
					 7001-7025, not consecutive) filed
					 11-4-77; effective thirtieth day thereafter (Register 77, No. 45).
Note: Authority cited: Section
						4026,
						Health and Safety Code. Reference: Sections
						4010-
						4037,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 1 - Engineering (Sanitary) › Group 1.1 - WATERWORKS STANDARDS [REPEALED]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Group 1.1
					 (Sections 7050-7081, not consecutive) filed
					 2-1-74; effective thirtieth day thereafter (Register 74, No. 5).
2.
					 Repealer of Group 1.1 (Sections
					 7050-7081, not consecutive) filed
					 12-6-79; effective thirtieth day thereafter (Register 79, No. 49).
Note: Authority cited: Sections
						208 and
						4010.1(h),
						Health and Safety Code. Reference: Sections
						4010.1(h),
						4012,
						4013,
						and
						4019,
						Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 1 - Engineering (Sanitary) › Group 2 - CERTIFICATION OF WATER TREATMENT FACILITY OPERATORS [REPEALED]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Certificate of
					 Compliance as to 4-25-2001 order repealing group 2 (articles 1-8, sections
					 7100-7134) transmitted to OAL 7-12-2001
					 and filed 8-13-2001 (Register 2001, No. 33). For prior history of group 2, see
					 Register 2001, No. 17.
California Code of Regulations › Title 17 - Public Health › Division 1 - State Department of Health Services › Chapter 5 - Sanitation (Environmental) › Subchapter 1 - Engineering (Sanitary) › Group 3 - DRAIN WELLS [REPEALED]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer of
					 group 3 (article 1, section
					 7557) filed 2-21-85; effective on
					 filing pursuant to Government Code section
					 11346.2(d)
					 (Register 85, No. 8).