reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40743 - Monitoring of Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						Program shall monitor vendors on an ongoing basis for compliance with this
						Chapter.
(b) Specific monitoring
						functions shall be:
(1) Audit of a
						vendor;
(2) Compliance buys and
						on-site inspections;
(3)
						Investigations by federal, state, and local authorities.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40745 - Food Vendor Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Audits shall be conducted of selected food vendors.
(b) Food vendors shall be identified for
						audits by using specific criteria which include but are not limited to:
(1) Volume of WIC food instruments
						redeemed;
(2) Prices charged for
						WIC foods;
(3) Complaints received
						about the food vendor's failure to comply with WIC regulations and the food
						vendor agreement;
(4) Review of
						food instruments redeemed;
(5)
						Review of data processing print-outs that depict vendor food instrument
						activity;
(6) Food vendors who,
						based on facts available to the Department, appear to be in violation of
						Program regulations.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40749 - Participant Use of Food Instruments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Local agencies shall instruct the
						participant on the proper use of the food instrument. The participant shall
						not:
(1) Purchase foods other than those
						specified on the food instrument or in excess of the quantities printed on the
						food instrument;
(2) Exchange food
						instruments for credit, cash, or unauthorized items;
(3) Return or trade foods purchased with food
						instruments for cash or other unauthorized items;
(4) Exchange food instruments at any food
						vendor other than the one indicated by name on the food instrument;
(5) Verbally abuse or threaten food vendors
						in order to redeem food instruments under any of the above four
						conditions;
(6) Obtain more than
						the number of food instruments for which the participant is eligible as
						determined by the competent professional authority.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40751 - Administrative Appeals for Food Vendors of Departmental Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A food vendor
						may request an appeal in writing to examine any adverse action affecting food
						vendor participation. The appeal shall be addressed to Administrative Hearings
						and Appeals at the location stated in the correspondence from the Program. The
						following shall not constitute an adverse action and shall not be subject to
						appeal or administrative review:
(1)
						Expiration of a food vendor agreement with a food vendor.
(2) Disqualification of a food vendor who has
						received a final determination by USDA of disqualification from the Food Stamp
						Program.
(3) Determinations by the
						Program regarding the adequacy of participant access to food
						vendors.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40752 - Abbreviated Administrative Appeals for Vendors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding Section
						40751(e), the
						Department shall grant only an abbreviated administrative appeal to those
						vendors requesting an appeal for any of the following reasons:
(1) A denial of authorization based on a
						current Food Stamp Program disqualification or civil money penalty in lieu of
						disqualification.
(2) A
						disqualification of a vendor based on a violation of Section
						40740(c).
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40753 - Recovery of Overpayments to Vendors. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Repealer filed 4-17-2007; operative 5-17-2007 (Register 2007, No.
						  16).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311,
							 312
							 and
							 317,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40755 - Lost or Stolen Food Instruments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Local agencies shall not replace food instruments
						  reported by participants to be lost or stolen.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March
						  30, 2020, which allowed the director of the State Department of Public Health
						  to make temporary changes to certain regulations relating to the Women,
						  Infants, and Children Program, due to the COVID-19
						  pandemic.
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Section
							 312,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40757 - Participant Repayment for WIC Program Abuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The participant shall repay the
						Department for financial loss resulting from the misuse of food instruments, as
						specified in Sections
						40749 and
						40679 of these regulations. The
						Department shall recover an amount the Department determines is equal to the
						value of the overissued food benefits, unless the Department determines that
						the recovery of the benefits would not be cost-effective. A repayment schedule
						shall be established by the Department based upon the individual's ability to
						pay.
(b) The term of the repayment
						schedule shall be no longer than thirty-six (36) months. If the payments under
						this schedule are less than ten dollars ($10.00) per month the number of months
						for these payments shall be reduced so that payments shall be no less than ten
						dollars ($10.00) per month.
(c)
						Local agencies shall be responsible for notifying participants by written
						notice, with a certified return receipt requested, of the reported Program
						violation, the total amount due for repayment, the term of the repayment
						schedule, and the monthly amount due. The first payment shall be due thirty
						(30) days from the receipt date of the written notice to the
						participant.
(d) The Department may
						reinstate benefits prior to full repayment if the Department determines that
						the participant is complying with the repayment schedule. At the time of claim
						for repayment, the participant shall be advised of the right to a fair hearing,
						as specified in Section
						40703 of these
						regulations.
(e) Local agencies
						shall be responsible for the collection and file maintenance of the
						participant's claim record.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2.
						  Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March
						  30, 2020, which allowed the director of the State Department of Public Health
						  to make temporary changes to certain regulations relating to the Women,
						  Infants, and Children Program, due to the COVID-19 pandemic. Article 8.
						  Selection of Local Agencies
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 312,
							 315
							 and
							 316,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40769 - Local Agency Priority System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When selecting new agencies, the
						Department shall consider the following priority system, which is based upon
						the relative availability of health and administrative services:
(1) First consideration shall be given to a
						public or a private nonprofit health agency that will provide ongoing, routine
						pediatric and obstetric care and administrative services.
(2) Second consideration shall be given to a
						public or a private nonprofit health or human service agency that will enter
						into a written agreement with another agency for either ongoing, routine
						pediatric and obstetric care or administrative services.
(3) Third consideration shall be given to a
						public or private nonprofit health agency that will enter into a written
						agreement with private physicians, licensed by the State, in order to provide
						ongoing, routine pediatric and obstetric care to a specific category of
						participants (women, infants or children).
(4) Fourth consideration shall be given to a
						public or private nonprofit human service agency that will enter into a written
						agreement with private physicians, licensed by the State, to provide ongoing,
						routine pediatric and obstetric care.
(5) Fifth consideration shall be given to a
						public or private nonprofit health or human service agency that will provide
						ongoing, routine pediatric and obstetric care through referral to a health
						provider.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 7 - Food Delivery System › Section 40771 - Disqualification of Local Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department may disqualify a local
						agency in the following circumstances:
(1)
						When the Department determines noncompliance with Program regulations or the
						agency's agreement with the State;
(2) When the Department's Program funds are
						insufficient to support the continued operation of all its existing local
						agencies at their current participation level;
(3) When the Department determines, following
						a review of local agency credentials, that another local agency can operate the
						Program more effectively or efficiently;
(4) When the Department determines that
						disqualification of the agency would conserve the fiscal interests of the
						State, such as when consolidation of existing local agencies serving the same
						geographic service area would result in Program services being provided at
						lower cost, or would reduce the potential for dual participation by Program
						participants.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 9 - ADMINISTRATIVE APPEAL OF DEPARTMENTAL DECISIONS AFFECTING LOCAL AGENCIES › Section 40781 - Administrative Appeal of Departmental Decisions Affecting Local Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local agency
						shall be provided a hearing procedure whereby a local agency adversely affected
						by a State action may appeal the action.
(1)
						The right of appeal shall be granted in the following circumstances:
(A) When a local agency's application to
						participate is denied; or
(B) When
						a local agency is disqualified during the course of the contract or
						agreement.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 9 - ADMINISTRATIVE APPEAL OF DEPARTMENTAL DECISIONS AFFECTING LOCAL AGENCIES › Section 40783 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any right of judicial review shall be communicated in
						  writing to the local agency in the event that the Department renders an appeal
						  decision which is adverse to the local agency.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38). Article 10.
						  Investigations
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 319,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 9 - ADMINISTRATIVE APPEAL OF DEPARTMENTAL DECISIONS AFFECTING LOCAL AGENCIES › Section 40793 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any individual
						who has filed a complaint, or has testified, assisted or participated in an
						investigation, shall have his/her identity kept confidential. However, it may
						become necessary during the course of the investigation or judicial
						proceedings, to identify the individual for the purposes of
						testifying.
(b) The local agency
						shall restrict the use or disclosure of information obtained from Program
						applicants or participants to persons directly connected with the
						administration or enforcement of the Program or the Comptroller General of the
						United States for audit and examination authorized by law.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No. 38). Article 11.
						  Penalties
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 311
							 and
							 312,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 9 - ADMINISTRATIVE APPEAL OF DEPARTMENTAL DECISIONS AFFECTING LOCAL AGENCIES › Section 40803 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whoever
						embezzles, willfully misapplies, steals or obtains by fraud any funds, assets
						or property provided under Section
						17 of the Child Nutrition Act of
						1966, as amended, whether received directly or indirectly from USDA, or whoever
						receives, conceals or retains such funds, assets or property for his or her own
						interest, knowing such funds, assets or property have been embezzled, willfully
						misapplied, stolen, or obtained by fraud shall:
(1) If the funds, assets, or property have a
						value of $100 or more, be fined not more than $10,000 or imprisoned not more
						than five years, or both.
(2) If
						the funds, assets, or property have a value less than $100, shall be fined not
						more than $1,000 or imprisoned not more than one year, or both.
(3) Be suspended from receiving supplemental
						foods for up to three months, or until the Department has received repayment
						for financial loss.
(4) Return any
						funds or property so obtained.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 9 - ADMINISTRATIVE APPEAL OF DEPARTMENTAL DECISIONS AFFECTING LOCAL AGENCIES › Section 40813 - Record Keeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Participating local agencies shall maintain full and complete records
						pertaining to local Program operations, including but not limited to:
(1) Financial operations.
(2) Food instrument issuance and
						redemption.
(3) Equipment purchases
						and inventory.
(4)
						Certification.
(5) Nutrition
						education.
(6) Civil rights and
						fair hearing procedures.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 6 - California Special Supplemental Food Program for Women, Infants and Children › Article 9 - ADMINISTRATIVE APPEAL OF DEPARTMENTAL DECISIONS AFFECTING LOCAL AGENCIES › Section 40815 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Local agencies shall submit to the
						Department all required financial reports and participation information
						necessary for efficient management of the Program.
(b) Local agencies shall be assessed a
						penalty for failure to comply with all mandated reporting requirements, as
						specified in the local agency's contract with the State.
(c) When requested by the Department, a local
						agency shall submit a written plan for correcting deficiencies documented by
						the Department. When required by the Department, a local agency shall provide
						special reports on Program activities and act to correct deficiencies in
						Program operations.
1. New
						  section filed 8-23-89; operative 8-23-89 (Register 89, No.
						  38).
Note: Authority cited: Sections
							 311
							 and
							 312,
							 Health and Safety Code. Reference: Sections
							 313.5
							 and
							 318,
							 Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41100 - Other Health Professionals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7502(b),
							 Penal Code. Reference: Section
							 7502(b),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41101 - AIDS. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7502(d),
							 Penal Code. Reference: Section
							 7502(d),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41102 - Bodily Fluids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
						purposes of title 8 (commencing with section
						7500) of part 3 of the Penal Code,
						section
						1524.1 of the
						Penal Code and this chapter "bodily fluids" capable of transmitting HIV are:
(1) Blood
(2) Body fluids containing visible
						blood
(3) Semen
(4) Vaginal secretions
(5) Cerebrospinal fluid
(6) Synovial fluid
(7) Pleural fluid
(8) Peritoneal fluid
(9) Pericardial fluid
(10) Amniotic Fluid
(11) Human breast milk in perinatal and
						neonatal transmission.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41103 - Universal Precautions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7501(a),
							 Penal Code. Reference: Section
							 7501(a),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41104 - Chief Medical Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7510(c), (1), (2), (3), (4) and
							 (5), Penal Code. Reference: Sections
							 7510(c), (1), (2), (3), (4) and
							 (5), Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41105 - Clinical Symptoms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7512.5, Penal
							 Code. Reference: Section
							 7512.5, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41106 - Sharps. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7501(a),
							 Penal Code. Reference: Section
							 7501(a),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41107 - ARC. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7512.5, Penal
							 Code. Reference: Section
							 7512.5, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41108 - HIV Infection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved .
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7501(a),
							 Penal Code. Reference: Section
							 7501(a),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 1 - DEFINITIONS › Section 41109 - Close and Direct Contact. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7501(e),
							 Penal Code. Reference: Section
							 7501(e),
							 Penal Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41110 - Transmission of Human Immunodeficiency Virus (HIV) of Inmates in Correctional Facilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Sections
							 7501(a)
							 and
							 7511(b),
							 Penal Code. Reference: Sections
							 7501(a),
							 7511(b)
							 and
							 7516, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41111 - Delegation of Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						chief medical officer may delegate the following medical responsibilities to
						other qualified physicians and surgeons:
(1)
						Medical assessment and determination of clinical symptoms of HIV infection, to
						include Stage 4 (AIDS).
(2)
						Assessment of whether follow-up testing is medically warranted based upon the
						investigation of the incident and the documentation that exposure has occurred
						in a manner capable of transmitting HIV.
(3) Any pre-test or post-test counseling and
						education of persons filing a report or requesting testing of an inmate, or of
						an inmate who is the subject of a report.
(4) Attendance at or hearing any oral
						testimony from involved parties pertaining to the testing of any inmate prior
						to a decision to test an inmate or as a result of an appeal to a decision to
						test an inmate. If the appeal record is held open for additional statements,
						the taking of those statements may also be delegated.
(5) Investigation of a report from a
						custodial officer which documents inmate behavior that may warrant HIV
						testing.
(6) Any activities related
						to filing an appeal pursuant to Penal Code section
						7516.5.
(7) Activities related to the disclosure of
						information and test results to involved parties as specified in Title 8
						(commencing with section
						7500) of part 3 of the Penal
						Code.
(8) Determination that good
						cause exists and the decision to waive the filing period for a report under
						Penal Code sections
						7510(b)
						and
						7512(a).
(9) Writing of the decision required by Penal
						Code section
						7511(c).
(10) Distribution of copies of hearing
						decision pursuant to Penal Code section
						7511(c),
						7512(c),
						7512.5 and
						7516.8.
(11) Transmittal of blood specimens under
						Penal Code section
						7530(b).
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41112 - Provision of Counseling. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7514, Penal
							 Code. Reference: Sections
							 7502(b)
							 and
							 7514, Penal
							 Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 6 - Preventive Medical Services › Chapter 8 - Human Immunodeficiency Virus (HIV) Testing of Inmates in Correctional Facilities › Article 2 - PROCEDURES › Section 41113 - HIV Testing of Subject of Report. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-29-89 as an emergency; operative 12-29-89 (Register 90, No.
						  3). A Certificate of Compliance must be transmitted to OAL within 120 days or
						  emergency language will be repealed by operation of law on
						  4-30-90.
2. Certificate of Compliance as to 12-29-89 order
						  transmitted to OAL 4-27-90 and disapproved 5-29-90. New section refiled 6-8-90
						  as an emergency; operative 6-8-90 (Register 90, No. 31). A Certificate of
						  Compliance must be transmitted to OAL by 10-9-90 or emergency language will be
						  repealed the following day.
3. Editorial correction of HISTORY 2.
						  showing the correct transmittal date (Register 90, No. 50).
4.
						  Certificate of Compliance transmitted to OAL 10-9-90 and disapproved 11-8-90.
						  Emergency readoption filed 11-9-90; operative 11-9-90 (Register 90, No. 50). A
						  Certificate of Compliance must be transmitted to OAL by 3-11-91 or emergency
						  language will be repealed by operation of law on the following
						  day.
5. Certificate of Compliance including repealer transmitted to
						  OAL 3-11-91 and filed 4-10-91 (Register 91, No.
						  18).
Note: Authority cited: Section
							 7511(a),
							 Penal Code. Reference: Sections
							 7501(a)
							 and
							 7511(a),
							 Penal Code.