text:
(a) Health education services shall be an integral part of each county’s program pursuant to Section 104564 to provide coordinated services to pregnant and postpartum women.

(b) Services may be funded through the Unallocated Account in the Cigarette and Tobacco Surtax Fund for purposes of this chapter, including, but not limited to, all of the following:

(1) Outreach.

(2) Assessment of smoking status and exposure to secondhand smoke.

(3) Development and implementation of an individualized strategy to prevent smoking and exposure to smoke during pregnancy and the postpartum period, including counseling and advocacy services, public health nursing services, provision of motivational messages, cessation services, nonmonetary incentives to maintain a healthy lifestyle, and other cessation or tobacco use prevention activities, including child care or transportation in conjunction with those activities.

(4) Provision of followup, reassessment, maintenance, and relapse prevention services.

(c) The services provided pursuant to this section shall expand and enhance the health education services provided under the comprehensive perinatal services program and shall be coordinated with other services provided to pregnant and postpartum women.

history: (History: Added by renumbering Section 349.105 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 129. Effective September 29, 1996.)


kind: section

code: HSC

text: Funds from the Cigarette and Tobacco Products Surtax Fund may be used in combination with funds from other sources if the services provided to each person are documented and there is an auditable connection to services.

history: (History: Added by renumbering Section 349.106 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 130. Effective September 29, 1996.)

part: 3. RISK REDUCTION

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 1.5. Comprehensive Perinatal Outreach Program


text: The program shall develop protocols, procedures, instructional materials, inservice training, data collection formats and requirements, and reimbursement schedules where applicable for the provision of tobacco education to pregnant and postpartum women.

history: (History: Added by renumbering Section 349.107 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 131. Effective September 29, 1996.)

division: 103. DISEASE PREVENTION AND HEALTH PROMOTION

chapter: 1.5. Comprehensive Perinatal Outreach Program


text: For purposes of this chapter, “outreach” includes, but is not limited to, coordinated local systems of care-providing pregnancy testing, screening for risk factors, care coordination, referral to appropriate services, including, but not limited to, alcohol and drug treatment, transportation, child care, patient incentives, and assurance of continuous prenatal care including recruitment and retention of physicians.

history: (History: Added by renumbering Section 349.108 (as added by Stats. 1995, Ch. 194) by Stats. 1996, Ch. 1023, Sec. 132. Effective September 29, 1996.)


text: Funds appropriated for purposes of this program for a fiscal year shall be available for expenditure without regard to fiscal year.

history: (History: Added by Stats. 1998, Ch. 310, Sec. 21. Effective August 19, 1998.)


text: This article shall be known and may be cited as the “California Nutrition Monitoring Development Act of 1986.”

history: (History: Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)

chapter: 2. Nutrition

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 2. Nutrition > 1. California Nutrition Monitoring Development Act


text: The Legislature declares that the purposes of this article are to determine the availability and types of nutrition monitoring information that are currently available in specified federal, state and local government programs and in selected private sector programs; to determine what additional information is needed to help legislators, state and local agencies and nongovernment users, to operate cost-effective services and to target funds where most needed; and to assess the feasibility of establishing a prototype state-local data system that will provide regular reports on the: nutritional status and nutrition related health problems of California’s population, dietary intake and food consumption patterns, nutrition education information, including knowledge and attitude regarding nutrition, quality and healthfulness of the food supply, nutrition programs and service availability, including population served, service statistics, frequency and periodicity of data collection and types of reports, related socioeconomic factors, and on the state’s ability to provide for food and nutrition services where needed.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 304.7. Effective September 29, 1996.)

article: 1. California Nutrition Monitoring Development Act


text:
(a) The department shall assess the availability and adequacy of existing state and local food and nutrition data systems. All state departments and agencies that are required to provide data pursuant to this article are encouraged to participate to the fullest extent possible in all aspects of this program and to make their data available to counties upon request.

(b) The state departments from which existing data shall be provided for project purposes shall include the State Departments of Public Health, Aging, Education, and Social Services. Upon request of the department, these departments shall provide existing nutrition-related data collection forms, documentation, and reports, including, but not limited to, the following programs:

(1) In the Department of Aging: Congregate Nutrition Services, Home Delivered Nutrition Services, and the Brown Bag Network.

(2) In the State Department of Education: National School Lunch Program, the National School Breakfast Program, the Child Care Food Program, the Special Milk Program, the Nutrition Education and Training Program, and the various commodities programs.

(3) In the department: Special Supplemental Food Program for Women, Infants and Children (WIC), the Comprehensive Perinatal Care Program, the Genetics Disease Program, the Child Health and Disability Prevention Program, California Children’s Services, County Health Services, Primary Health Services Development, Indian Health Program, Medical Care Services (Medi-Cal), Adult Health, and Vital Statistics.

(4) In the State Department of Social Services: CalFresh.

(c) The department may require any other state agency, department, board, or commission, with the exception of the University of California, to provide existing nutrition-related data, as described in this article. The department may request the University of California to provide this data in the case of the University of California Cooperative Extension Program, the Home Economics Program, and the Expanded Food and Nutrition Education Program. Additionally, other programs in local government and the private sector, such as local public health and social services departments, food banks, pantries, and meal programs, voluntary health organizations, and charitable social service agencies shall be encouraged to provide available nutrition monitoring information.

history: (History: Amended by Stats. 2011, Ch. 227, Sec. 11. (AB 1400) Effective January 1, 2012.)


text:
(a) The department shall conduct a survey of state agencies and of counterpart local and private sector programs which now collect or use nutrition data or both. The department shall determine user needs for and applications of data, the adequacy of existing data systems, the costs compared to benefits of collecting this information, and recommendations about future data needs.

(b) The department shall assess the degree to which data is available to monitor the California Model Standards for Nutrition Services (guidelines for local health departments), the 1990 Nutrition Objectives for the Nation (national health priorities), the nutrition surveillance programs of the United States Centers for Disease Control (prenatal and pediatric surveillance and behavioral risk factors survey related to chronic diseases) and other similar public health objectives.

(c) The department shall outline a process for developing a prototype state-local nutrition monitoring system. The prototype system shall be scientifically sound and, insofar as is practicable, compatible with those employed by the United States Department of Agriculture, the United States Department of Health and Human Services, the National Public Health Reporting System, and recommendations by other recognized authorities. The department shall review existing or proposed systems such as the Statewide Environmental and Evaluation Program System (SWEEPS) and the Nutrition Management Information and Surveillance System (Nutri-MISS) respectively for their applicability to this purpose.


text: The department, using applicable state procedures, may contract for any of the services required by this article, in which case the contractor or contractors shall have demonstrated expertise in the fields of nutrition monitoring and epidemiology, nutrition program operations, and community organization.


text:
(a) The department shall establish and implement, to the extent funds are available pursuant to subdivision (d) which are other than state general funds, a “5 A Day—For Better Health” program for the purpose of promoting public awareness of the need to increase the consumption of fruits and vegetables as part of a low-fat, high-fiber diet in order to improve health and prevent major chronic diseases, including diet-related cancers.

(b) The department may promote the “5 A Day—For Better Health” program to the public through channels, including, but not limited to, print and electronic media, retail, grocers, schools, and other government programs. For purposes of this article, “public” includes, but is not limited to, the general adult population, adults with lower educational attainment, schoolage children and youth, and high-risk groups determined by the department.

(c) The department may, at its sole discretion, contract with qualified organizations for general or specialized services to implement this article, including personnel, marketing, public relations, research, evaluation, and administration.

(d) The department is encouraged to investigate all available funding sources, public and private, for the purposes of this article, including application for public and private grants.

article: 2. “5 A Day—For Better Health” Program

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 2. Nutrition > 2. “5 A Day—For Better Health” Program


text: Notwithstanding any other provision of law, nothing shall operate to prohibit contributions to the program created pursuant to this article by organizations and commissions subject to Division 22 (commencing with Section 64001) of the Food and Agricultural Code.

article: 2. “5 A Day—For Better Health” Program


text:
The purpose of this article is to facilitate and support the creation of health promoting eating environments in California. For purposes of this article, the following definitions apply:

(a) (1) “Category of food” means the following groups of food:

(A) Fruits.

(B) Vegetables.

(C) Grains.

(D) Cereals.

(E) Beans, peas, and lentils.

(F) Nuts, seeds, and soy products.

(G) Beverages.

(H) Dairy.

(I) Seafood.

(J) Poultry.

(K) Meat.

(L) Eggs.

(M) Condiments.

(N) Fats and oils.

(O) Herbs and spices.

(2) The department, by rule, may expand, clarify, or subdivide the groups of food enumerated in paragraph (1).

(b) “Department” means the State Department of Public Health.

(c) “Food” means all food and beverages intended for sale or to be served to school pupils on campus during the schoolday.

(d) “Food product” means a finished product of food or beverage with a unique universal product code (UPC), other than food products reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.), and foods provided by the United States Department of Agriculture Foods in Schools program.

(e) “Health promoting eating environments” means, in places where foods and beverages are served or sold, there are healthy, good quality, culturally appropriate, and affordable options.

(f) “Local educational agency” means a school district, county office of education, or charter school.

(g) “Public entity” means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state.

(h) “School” means a high school, middle school, or elementary school, as those terms are defined in Section 49430 of the Education Code, or any public entity that purchases a food product to provide to pupils on campus during the schoolday in an elementary, middle, or high school.

(i) “Schoolday” has the same meaning as in Section 49430 of the Education Code.

history: (History: Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026.)

article: 3. Eating for Health

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 2. Nutrition > 3. Eating for Health


text:
(a) (1) For purposes of this article, except as provided in subdivision (b), “ultraprocessed food” or “UPF” means any food or beverage that contains a substance described in paragraph (2) and either high amounts of saturated fat, sodium, or added sugar, as described in subparagraph (A) of paragraph (3), or a nonnutritive sweetener or other substance described in subparagraph (B) of paragraph (3).

(2) (A) Except as specified in subparagraph (B), substances available in the United States Food and Drug Administration (FDA) Substances Added to Food database that are designated as having any of the following FDA-defined technical effects:

(i) Surface-active agents, as defined in Section 170.3(o)(29) of Title 21 of the Code of Federal Regulations.

(ii) Stabilizers and thickeners, as defined in Section 170.3(o)(28) of Title 21 of the Code of Federal Regulations.

(iii) Propellants, aerating agents, and gases, as defined in Section 170.3(o)(25) of Title 21 of the Code of Federal Regulations.

(iv) Colors and coloring adjuncts, as defined in Section 170.3(o)(4) of Title 21 of the Code of Federal Regulations.

(v) Emulsifiers and emulsifier salts, as defined in Section 170.3(o)(8) of Title 21 of the Code of Federal Regulations.

(vi) Flavoring agents and adjuvants, as defined in Section 170.3(o)(12) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(vii) Flavor enhancers, as defined in Section 170.3(o)(11) of Title 21 of the Code of Federal Regulations, excluding spices and other natural seasonings and flavorings as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(viii) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations.

(B) Any of the following additives, or combination of these additives, shall not by themselves cause a food or beverage to be categorized as a UPF.

(i) Salt or sodium chloride.

(ii) Spices or other natural seasonings or flavorings, as listed in Section 182.10 of Title 21 of the Code of Federal Regulations.

(iii) Natural color additives, as listed in Part 73 of Title 21 of the Code of Federal Regulations.

(3) (A) High amounts of saturated fat, sodium, or added sugar, as defined respectively as follows:

(i) The food or beverage contains 10 percent or greater of total energy from saturated fat.

(ii) The food or beverage contains a ratio of milligrams of sodium to calories that is equal to or greater than 1:1.

(iii) The food or beverage contains 10 percent or greater of total energy from added sugars.

(B) Nonnutritive sweeteners, as defined in Section 170.3(o)(19) of Title 21 of the Code of Federal Regulations, or any of the following substances:

(i) D-sorbitol (CAS 50-70-4).

(ii) Erythritol (CAS 149-32-6).

(iii) Hydrogenated starch hydrolysates, including, but not limited to, CAS 68425-17-2.

(iv) Sucralose (CAS 56038-13-2).

(v) Isomalt, including, but not limited to, CAS 64519-82-0, CAS 534-73-6, and CAS 20942-99-8.

(vi) Lactitol (CAS 585-86-4).

(vii) Luo Han Fruit Concentrate (CAS 977188-77-4).

(viii) Maltitol (CAS 585-88-6).

(ix) Steviol glycosides, including, but not limited to, CAS 58543-16-1, CAS 57817-89-7, CAS 1220616-44-3, CAS 58543-16-1, and CAS 1220616-34-1.

(x) Thaumatin, including, but not limited to, CAS 977178-03-2 and CAS 53850-34-3.

(xi) Xylitol (CAS 87-99-0).

(b) “Ultraprocessed food” or “UPF” does not include any of the following:

(1) Commodity food specifically made available by the United States Department of Agriculture.

(2) A raw agricultural commodity as defined in Section 110020.

(3) An unprocessed locally grown or locally raised agricultural product as defined in paragraph (2) of subdivision (g) of Section 210.21 of Title 7 of the Code of Federal Regulations.

(4) Minimally processed prepared food as defined in paragraph (4) of subdivision (a) of Section 49015 of the Food and Agricultural Code, which may include foods in a variety of forms, including, but not limited to, whole, cut, sliced, diced, canned, pureed, dried, and pasteurized.

(5) Class 1 milk as defined in Section 61932 of the Food and Agricultural Code.

(6) Alcoholic beverages as defined in Section 23004 of the Business and Professions Code.

(7) Medical foods, as defined in Section 101.9(j)(8) of Title 21 of the Code of Federal Regulations, only if exempted by the department by regulation.

(8) Infant formula, as defined in Section 107 of Title 21 of the Code of Federal Regions, only if exempted by the department by regulation.

article: 3. Eating for Health


text:
(a) For purposes of this article, the following definitions apply:

(1) “Restricted school foods” means a food or beverage product that is not listed in subdivision (b) of Section 104661, that contains one or more of the substances specified in paragraph (2) of subdivision (a) of Section 104661, and that is restricted from service or sale in schools, as defined by the regulations adopted by the department consistent with this section.

(2) “Ultraprocessed food of concern” or “UPF of concern” means a food or food product that is an ultraprocessed food, as defined in Section 104661, that is of concern, as determined by regulations adopted by the department consistent with this section.

(b) (1) On or before June 1, 2028, the department shall adopt regulations to define ultraprocessed foods of concern and restricted school foods that consider all of the following factors:

(A) Whether the substance or group of substances are banned or restricted in other state, federal, or international jurisdictions due to concerns about adverse health consequences.

(B) Whether the products include or require a warning label in other state, federal, or international jurisdictions due to concerns about adverse health consequences.

(C) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances are linked to health harms or adverse health consequences, including, but not limited to, any of the following:

(i) Cancer.

(ii) Cardiovascular disease.

(iii) Metabolic disease.

(iv) Developmental or behavioral issues.

(v) Reproductive harm.

(vi) Obesity.

(vii) Type 2 diabetes.

(viii) Other health harms associated with UPF consumption.

(D) Whether, based on reputable peer-reviewed scientific evidence, a substance or group of substances may be hyperpalatable, or may contribute to food addiction.

(E) Whether the food has been modified to be high in saturated fat, added sugar, or salt.

(F) Whether the food meets the requirements of the United States Food and Drug Administration’s final rule issued on December 27, 2024, titled “Food Labeling: Nutrient Content Claims; Definition of Term ‘Healthy’” that defines nutrient contents that are deemed to be a part of a nutritious diet.

(G) Whether the substance is a common natural additive.

(2) For purposes of paragraph (1), the department shall be guided by a rigorous examination of available reputable peer-reviewed scientific evidence and shall consider all of the following:

(A) The total number of jurisdictions where the substance or product is banned, restricted, or requires a warning label.

(B) The basis for any determination by another jurisdiction to ban, restrict, or require a warning label for any substance or product.

(C) The quality, caliber, and scope of any scientific evidence to any above determination, including a rigorous examination of whether such evidence is the product of scientific research conducted according to internationally recognized best practices for scientific research.

(D) Any reputable peer-reviewed scientific evidence that would call into question any determination that a substance is linked to health harms or adverse health consequences.

(c) (1) The department shall review regulations and, as needed, update the definitions of ultraprocessed food of concern and restricted school foods every five years to accommodate any relevant advances in scientific knowledge, the development of better agricultural or manufacturing practices, or other changes that require revision of either or both of the definitions. If an update to either or both of those definitions would add a food product to the list of restricted school foods or ultraprocessed foods of concern, the department shall delay the operation of the revised definition by three years to give impacted entities time to comply with the new definition’s impact on the legal requirements of this article.

(2) The department shall adopt and revise regulations pursuant to this section in consultation with the Office of Environmental Health Hazard Assessment; the State Department of Education; the Department of Food and Agriculture; the University of California; school food authorities, school nutrition program directors, and school nutrition program managers, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations; and other state agencies that the department deems appropriate, after providing an opportunity for all interested parties to comment.

(3) The department may seek information from academia, other states, the federal government, and other nations to inform implementation of this section.

article: 3. Eating for Health


text:
(a) By no later than July 1, 2029, a school shall begin to phase out restricted school foods and ultraprocessed foods of concern.

(b) Beginning July 1, 2032, a vendor shall not offer restricted school foods or ultraprocessed foods of concern to a school.

(c) The failure of a school, local educational agency, or vendor to comply with this section does not create a private right of action.

article: 3. Eating for Health


text:
(a) On or before February 1, 2028, and on or before February 1 of each year thereafter through February 1, 2032, any vendor of food or food products to a school shall report the following information to the department for each food product sold to a school in the past calendar year, to the extent it is known to the vendor:

(1) The total quantity of that food product sold to schools.

(2) The name of the food product.

(3) Whether the food product is an ultraprocessed food.

(4) Whether the food product is a restricted school food or an ultraprocessed food of concern.

(5) The category or categories of food to which the food product belongs.

(6) The average total calories in each food product sold to schools that year.

(7) The ingredient list of the food product.

(8) The nutritional facts of the food product.

(b) The requirements of subdivision (a) do not apply to:

(1) A cottage food operation that is registered or has a permit pursuant to Section 114365.

(2) A microenterprise home kitchen, as defined in Section 113825.

(3) A small business, as defined under Section 14837 of the Government Code.

(c) The failure of a vendor to comply with this section does not create a private right of action.

(d) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed.

history: (History: Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026. Inoperative July 1, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.)

article: 3. Eating for Health


text:
(a) On or before July 1, 2028, and on or before July 1 of each year thereafter through July 1, 2032, the department, in consultation with the State Department of Education and using information reported pursuant to Section 104665, shall submit to the Legislature a written report containing all of the following information:

(1) A summary and analysis of information reported pursuant to Section 104665 for the prior year.

(2) A summary and analysis of the progress of the restricted school foods and ultraprocessed foods of concern phaseout required by this article.

(3) Estimates of the amount of foods that are not ultraprocessed food items and are sold or served to pupils on campus during the schoolday in elementary, middle, and high schools.

(4) Estimates of the portion of the average elementary school, middle school, and high school student’s school food intake, in calories, that is composed of ultraprocessed foods.

(5) A strategy for reducing the consumption of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools.

(6) Analysis of the feasibility of reducing the sale or service of ultraprocessed foods, restricted school foods, and ultraprocessed foods of concern in schools.

(7) Any actions the department or the State Department of Education plans to take regarding restricted school foods and ultraprocessed foods of concern.

(8) Recommendations for state and local legislative actions that could reduce the consumption of restricted school foods and ultraprocessed foods of concern in schools.

(b) A report to be submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(c) The department shall annually submit the report prepared pursuant to subdivision (a) to the Governor.

(d) The department shall make the report prepared pursuant to subdivision (a) publicly available on its internet website.

This section shall become inoperative on August 1, 2033, and, as of January 1, 2034, is repealed.

history: (History: Added by Stats. 2025, Ch. 467, Sec. 8. (AB 1264) Effective January 1, 2026. Inoperative August 1, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.)

article: 3. Eating for Health


text: This article does not prohibit a public entity from voluntarily enacting more stringent restrictions on ultraprocessed foods, restricted school foods, or ultraprocessed foods of concern.

article: 3. Eating for Health


text:
(a) For purposes of this article, the department shall consult with the State Department of Education regarding compliance training and technical assistance for school food service and procurement staff.

(b) The department shall establish a structure to deliver training and technical assistance to local educational agencies.

(c) The department may contract with providers with expertise in nutrition, school-community collaboration of service delivery and financing, and coordination and integration of support services to deliver training and technical assistance to implement this article.

(d) The topics for training shall be identified by the department through a periodic survey of local educational agencies. The curriculum for the training provided under this section may be developed in consultation with representatives from associations, consumer associations, and others, as deemed appropriate by the department.

article: 3. Eating for Health


text:
The department shall maintain a dental program including, but not limited to, the following:

(a) Development of comprehensive dental health plans within the framework of the State Plan for Health to maximize utilization of all resources.

(b) Provide the consultation necessary to coordinate federal, state, county, and city agency programs concerned with dental health.

(c) Encourage, support, and augment the efforts of city and county health departments in the implementation of a dental health component in their program plans.

(d) Provide evaluation of these programs in terms of preventive services.

(e) Provide consultation and program information to the health professions, health professional educational institutions, and volunteer agencies.

(f) For purposes of this article “State Plan for Health” means that comprehensive state plan for health being developed by the department pursuant to Public Law 89-749 (80 Stat. 1180).

chapter: 3. Oral Health

article: 2. State Oral Health Program

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 3. Oral Health > 2. State Oral Health Program


text:
(a) The Office of Oral Health, in consultation with the Dental Board of California, the California Dental Association, California dental schools, and other stakeholders, shall support the establishment of community-based clinical education (CBCE) rotations for dental students in their final year or dental residents.

(b) To implement this provision, the Office of Oral Health may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services.

(c) Eligible community clinical settings include, but are not limited to, federally qualified health centers (FQHCs), private dental offices, and mobile dentistry, and shall be located in a designated dental health professional shortage area (DHPSA).

(d) The Office of Oral Health shall compile data and prepare a report to be submitted to the Legislature on or before July 1, 2027, on all of the following desired outcomes:

(1) The number of underserved children and adults served by students and residents.

(2) The total number of student and resident trainees.

(3) The number of and types of community-based preventative and treatment procedures provided by students.

(4) The proportion of graduating dental students and residents rotating in CBCE sites who express interest in working in a DHPSA.

(5) The proportion of graduating dental students with CBCE training who will be recruited to FQHCs or other rural and community health clinics through state loan repayment programs, including the Proposition 56 Medi-Cal Physicians and Dentists Loan Repayment Act Program.

(e) This section shall remain in effect only until June 30, 2029, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 40, Sec. 16. (SB 159) Effective June 29, 2024. Repealed as of June 30, 2029, by its own provisions.)

article: 2. State Oral Health Program


text: The director shall appoint a dentist licensed in the State of California to administer the dental program.

article: 2. State Oral Health Program


text: Nothing in this article authorizes the department to compel dental examinations or services.

article: 2. State Oral Health Program


text: Within a public health setting or a public health program that is created or administered by a federal, state, or local governmental entity, any person may apply topical fluoride, including fluoride varnish to the teeth of individuals who are being served in that setting or program, according to the prescription and protocol issued and established by a physician or dentist.

history: (History: Added by Stats. 2009, Ch. 119, Sec. 2. (AB 667) Effective January 1, 2010.)

article: 2. State Oral Health Program


text: The department shall have the power to receive for the dental program any financial aid granted by any private, federal, state, district, or local or other grant or source, and the division shall use such funds to carry out the provisions and purposes of this article.

article: 2. State Oral Health Program


text:
The Legislature finds that 95 percent of all children in California have dental disease in the form of dental caries and periodontal disease. Dental disease in childhood can and does result in significant lifetime disability, dental pain, missing teeth, time lost from school and work, and the need for dentures. Poor nutrition in childhood is a major contributing factor in lifetime dental disability. The cost of treating the results of dental disease is close to two billion dollars ($2,000,000,000) per year in California, of which approximately one hundred million dollars ($100,000,000) is paid by the State of California for Denti-Cal treatment costs alone.

The Legislature also finds that dental disease in children and the resultant abnormalities in adults can be prevented by education and treatment programs for children. It is the intent of the Legislature in enacting this article to establish for children in preschool through sixth grade, and in classes for individuals with exceptional needs, preventive dental programs which shall be financed and have standards established at the state level and which shall be operated at the local level.

article: 3. Dental Disease Prevention Programs

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 3. Oral Health > 3. Dental Disease Prevention Programs


text:
A community dental disease prevention program may be offered to school children in preschool through sixth grade, and in classes for individuals with exceptional needs, by a local sponsor. A local sponsor may be a city or county health department, county office of education, superintendent of schools office, school district or other public or private nonprofit agency approved by the department. The program shall include, but not be limited to, the following:

(a) Educational programs, focused on development of personal practices by pupils, that promote dental health. Emphasis shall include, but not be limited to, causes and prevention of dental diseases, nutrition and dental health, and the need for regular dental examination with appropriate repair of existing defects.

(b) Preventive services including, but not limited to, ongoing plaque control, dental sealants, and supervised application of topical prophylactic agents for caries prevention, in accordance with this article or other preventive agents approved by the department. Services shall not include dental restoration, orthodontics, or extraction of teeth. Any acts performed, or services provided, under this article constituting the practice of dentistry shall be performed or provided by, or be subject to the supervision of, a licensed dentist in accordance with Chapter 4 (commencing with Section 1600) of Division 2 of the Business and Professions Code.

history: (History: Amended by Stats. 2000, Ch. 93, Sec. 26. Effective July 7, 2000.)

article: 3. Dental Disease Prevention Programs


text: An advisory board, including representatives from education, dental professions, and parent groups shall be designated by the local sponsor to advise on dental health programs funded under this article. The use of existing advisory bodies is encouraged. The board shall hold public meetings at least twice a year after appropriate notification in order that interested parties may provide input regarding the dental health needs of the community.

article: 3. Dental Disease Prevention Programs


text: The minimal standards of the community dental disease prevention program shall be determined by the department in accordance with the purposes of this article, and may be revised periodically as deemed necessary by the department to further the purposes of this article.

article: 3. Dental Disease Prevention Programs


text:
The local health officer of each local health department interested in participating in the community dental disease prevention program, or his or her designee, in cooperation with the appropriate education personnel and the local advisory board, shall submit a proposal for the program to the department annually. The proposal shall include the methods by which the program will be implemented in each jurisdiction and program results reported. However, this function shall be the responsibility of the department for all counties that contract with the state for health services under Section 101300. These contract counties, at the option of the board of supervisors, may provide services pursuant to this article in the same manner as other county programs, provided the option is exercised six months prior to the beginning of each fiscal year.

If the local health officer elects not to submit a program proposal, the department may solicit program proposals from other public or private nonprofit agencies and contract directly with the agencies. These proposals shall meet the same requirements as specified for local health officers in this section.

article: 3. Dental Disease Prevention Programs


text: The department shall review the program proposals and approve programs that meet criteria established pursuant to Section 104785. The department shall, commencing July 1, 2000, through contractual arrangements, reimburse local sponsors with approved programs at an amount of ten dollars ($10.00), per participating child per year for administration and services, pursuant to Section 104775.

history: (History: Amended by Stats. 2000, Ch. 93, Sec. 27. Effective July 7, 2000.)

article: 3. Dental Disease Prevention Programs


text: The local health officer or other sponsor may utilize or contract with, or both utilize and contract with, other local public and private nonprofit agencies, as well as school districts and county superintendents of schools, in conducting the program. The Legislature recognizes that these agencies, districts, and schools are currently engaged in a limited number of dental disease prevention projects and it is the intent of the Legislature that this participation be continued.

article: 3. Dental Disease Prevention Programs


text: The State Department of Education shall assist the department in developing and evaluating educational programs in dental health and dental disease prevention. These programs may include, but are not limited to, teacher and program coordinator in-service workshops, development and review of appropriate educational materials, and evaluation of classroom dental health education presentations.

article: 3. Dental Disease Prevention Programs


text: It shall be the responsibility of the governing board of each school district participating in the program and the governing authority of each private school participating in the program to cooperate with the local sponsor administering the community dental disease prevention program in carrying out the program in any school under their jurisdiction. Each participating school shall maintain participation records for each child and the necessary educational materials and supplies for plaque control and other required dental disease prevention methods provided by the program. Nothing in this article shall require participation by a public or private school in a program established pursuant to this article.

article: 3. Dental Disease Prevention Programs


text: No child shall receive a preventive agent as part of a program established pursuant to this article unless the child’s parent or guardian has given written notice to the governing body of the public or private school that the child may receive a preventive agent.

article: 3. Dental Disease Prevention Programs


text: The dental disease prevention program established by this article shall be funded according to customary budget procedures and shall only be implemented upon appropriation of funds by the Legislature.

history: (History: Amended by Stats. 2009, 4th Ex. Sess., Ch. 5, Sec. 11. Effective July 28, 2009.)

article: 3. Dental Disease Prevention Programs


text: It is the intent of the Legislature that the program established by this article shall be placed in effect in the areas of greatest identified need as determined by the department, in cooperation with the State Department of Education.

article: 3. Dental Disease Prevention Programs


text: Pupils of public and private elementary and secondary schools, except pupils of community colleges, shall be provided the opportunity to receive within the school year the topical application of fluoride, including fluoride varnish, or other decay-inhibiting agent to the teeth in the manner approved by the department. The program of topical application shall be under the general direction of a dentist licensed in the state. Topical application of fluoride may include, according to the prescription and protocol established by the dentist, self-application or application by another person.

history: (History: Amended by Stats. 2009, Ch. 119, Sec. 3. (AB 667) Effective January 1, 2010.)

article: 4. Topical Dental Decay Inhibitors

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 3. Oral Health > 4. Topical Dental Decay Inhibitors


text: Treatment as specified in this article shall be evidenced by a written record made on a form prescribed by the department. A copy of the record shall be given to the parent or guardian of the child, or if the person receiving the treatment is an adult, the copy shall be given to him or her.

article: 4. Topical Dental Decay Inhibitors


text: The county health officer of each county shall organize and operate a program so that treatment is made available to all persons specified in Section 104830. He shall also determine how the cost of such a program is to be recovered. To the extent that the cost to the county is in excess of that sum recovered from persons treated, the cost shall be paid by the county in the same manner as other expenses of the county are paid.

article: 4. Topical Dental Decay Inhibitors


text: The governing board of each school district and the governing authority of each private school shall cooperate with the county health officer in carrying out the program in any school under its jurisdiction. The governing board of any school district may use any funds, property, and personnel of the district for that purpose.

article: 4. Topical Dental Decay Inhibitors


text: Treatment shall be provided for a person only if the parent or guardian or responsible relative or adult who has assumed responsibility for his or her care and custody (in the case of a minor), or the person (if an adult), files with the governing board of the school district or the governing authority of the private school, as the case may be, a letter provided by the district or authority pursuant to Section 104855, stating that such treatment is desired.

article: 4. Topical Dental Decay Inhibitors


text: The governing board of each school district and the governing authority of each private school shall distribute to each pupil’s parent or guardian or responsible relative or adult who has assumed responsibility for his or her care and custody (in the case of a minor), or the pupil (if an adult), a letter which may be returned to such district or authority in which the person to receive the letter may indicate that the treatment is desired and the pupil is to receive the treatment or that the pupil is not to receive the treatment for one of the following reasons: (i) the pupil has received the treatment from a dentist, or (ii) the treatment is not desired.

article: 4. Topical Dental Decay Inhibitors


text: The department shall adopt and enforce all regulations necessary to carry out this article.

article: 4. Topical Dental Decay Inhibitors


text: In enacting this article, it is the intent of the Legislature to provide a means for the eventual achievement of the topical application of fluoride or other decay-inhibiting agent to the teeth of all school pupils in this state. However, it is understood that this treatment is not a substitute for regular professional dental care. This article is designed to provide for the keeping of adequate records of treatment so that appropriate public agencies and the persons treated will be able to ascertain that a person has been so treated.

article: 4. Topical Dental Decay Inhibitors


text: For purposes of identifying persons who have been exposed to the potential hazards of diethylstilbestrol while pregnant or prenatally and of educating the public concerning the findings and early detection of associated malignancies and other abnormalities, the department shall establish, promote, and maintain a public and professional information campaign on diethylstilbestrol. The campaign shall be conducted throughout the state and shall include, but not be limited to, a concerted effort at reaching those persons or the offspring of persons who have been exposed to diethylstilbestrol while pregnant or prenatally in order to encourage them to seek medical care for screening, early detection, or treatment and follow-up of any diethylstilbestrol-related condition.

chapter: 4. Diethylstilbesterol (DES)

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3. RISK REDUCTION > 4. Diethylstilbesterol (DES)


text: The department shall identify at least one program for screening and follow-up care for each health service area for purposes of referral of persons exposed to diethylstilbestrol while pregnant or prenatally. The department shall consider the provider’s compliance with state- and federally-mandated standards, the location in relation to the geographical distribution of persons exposed to diethylstilbestrol, and the capacity of the provider to properly screen for breast cancer, vaginal cancer, cervical cancer, vaginal adenosis, and any other malignancy and abnormal conditions resulting from exposure to diethylstilbestrol. The department shall designate existing facilities presently serving the diethylstilbestrol-exposed population as screening programs pursuant to this section. However, if existing facilities are not available, training for screening and follow-up may be offered to the personnel in existing facilities and clinics.


text: The department may request and shall receive from any department, division, board, bureau, commission, or agency of the state or of any political subdivision thereof such assistance and data as will enable it to properly carry out its activities and effectuate the purposes set forth in this chapter. The department may also enter into any contract for services as it deems necessary with a private agency or concern upon such terms and conditions as it deems appropriate.


text: The department shall present to the Legislature, on or before December 1, 1982, information on the diethylstilbestrol program.


text: It is the intention of the Legislature in enacting this chapter that funding for this program in subsequent fiscal years be through the normal budgetary process.


text:
(a) As used in this part, the following definitions shall apply:

(1) “Fund” means the Tobacco Settlement Fund.

(2) “Master Settlement Agreement” means the settlement agreement and related documents entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers.

(3) “State’s share of funds” means that portion of payments received from the Master Settlement Agreement designated for use by the state and shall not include those funds designated for distribution to the counties or other local jurisdictions.

(b) Nothing in this part is intended to limit expenditures for programs to the amount provided by the fund.

history: (History: Added by Stats. 2001, Ch. 171, Sec. 10. Effective August 10, 2001.)

part: 3.5. TOBACCO SETTLEMENT FUND

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 3.5. TOBACCO SETTLEMENT FUND


text:
(a) There is hereby established in the State Treasury the Tobacco Settlement Fund.

(b) In the 2001–02 fiscal year, four hundred one million nine hundred ninety-two thousand dollars ($401,992,000) of the state’s share of funds received pursuant to the Master Settlement Agreement shall be deposited in the fund.

(c) Except as provided in Article 7 (commencing with Section 63049) of Chapter 2 of Division 1 of Title 6.7 of the Government Code, commencing July 1, 2002, the total amount of the state’s share of moneys received pursuant to the Master Settlement Agreement shall be deposited in the fund.

history: (History: Amended by Stats. 2002, Ch. 414, Sec. 3. Effective January 1, 2003.)


text:
(a) Distribution of moneys from the fund shall be made by annual appropriation of the Legislature consistent with the requirements of this part.

(b) Moneys appropriated from the fund shall be used for health purposes, including all of the following:

(1) Health care expansions in the Medi-Cal program, Healthy Families Program, and other state programs.

(2) Health care education and outreach, including, but not limited to, efforts to help reduce the use of tobacco products.

(3) Smoking cessation services.

(4) Enforcement of tobacco-related statutes.

(5) Expansions to primary care and other state-funded clinics that serve low-income, uninsured, or underinsured Californians.


text:
(a) Notwithstanding any other provision of law, there shall be transferred annually from the General Fund to the Tobacco Settlement Fund an amount, not to exceed one hundred million dollars ($100,000,000) out of funds not otherwise appropriated, as a loan to cover appropriations from the fund when moneys from the Master Settlement Agreement have not been received by the state.

(b) This loan from the General Fund shall be repaid on or before June 30 of each year, without interest, from the funds received pursuant to the Master Settlement Agreement.

history: (History: Amended by Stats. 2003, Ch. 230, Sec. 9. Effective August 11, 2003.)


text: Revenue accruing to the Tobacco Settlement Fund pursuant to this part shall be deemed revenue to the General Fund solely for the purpose of certifications of General Fund revenue for purposes of subdivision (e) of Section 12306.1 of the Welfare and Institutions Code with respect to in-home supportive services program and Section 10754 of the Revenue and Taxation Code with respect to vehicle license fees.


text:
The department shall provide staff and budgetary support for planning, evaluation, education, research design, funding, and medical leadership for health promotion and preventive health services for older adults.

For purposes of this section, “older adults” means persons 55 years of age or older.

part: 4. OLDER ADULTS

chapter: 1. Aging

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 4. OLDER ADULTS > 1. Aging


text: The California Commission on Aging shall allocate 5 percent of community grant funds pursuant to Title III of the Older Americans Act of 1965, as amended, (P.L. 89-73; 79 Stat. 218) or forty thousand dollars ($40,000), whichever is the lesser amount, to experiment with the use of available mobile medical services units to provide outpatient medical care for the aging.


text:
The department shall maintain a program to promote availability of medical and health care for the aging. The department may contract with public or private organizations for conducting pilot projects designed to determine the most effective and most efficient methods of providing medical and health care services for the aging.

For purposes of this chapter, the term “aging” means persons who are eligible for old age benefits under the Social Security Act. Such program may include, but is not limited to:

(a) Technical and financial assistance to local agencies for pilot projects developing or testing new or innovative systems for assuring the availability of medical and health care for the aging. Pilot projects may include, but are not limited to:

(1) Mobile health clinics.

(2) Mobile health teams.

(3) Patient transportation systems.

(4) Patient surveillance and referral systems.

(b) Studies of the health and medical care of the aging of the state.

(c) Coordination with similar programs of the federal government, other states, and public or private organizations.

(d) Development of recommendations for improved systems of medical and health care.

(e) Collection and summarization of statistics describing needs for and effectiveness of various methods of providing health and medical care.


text: It is the intent of the Legislature that the California Commission on Aging be the coordinating agency of all programs for the aging in this state, except those programs designated elsewhere by the Governor or Legislature. It is further the intent of the Legislature that the commission cooperate with the department to evaluate and further coordinate programs for outpatient medical services for the aging.


text:
The Legislature finds and declares all of the following:

(a) In 1998, there were about 3.57 million Californians age 65 and older, a 15 percent increase since 1990. This number will at least increase to five million in 2010 and grow to seven million by 2020, with those persons over age 85 representing the fastest growing segment of the population.

(b) By 2020, the numbers of Hispanic, African American, and other minority older persons will more than quadruple to an estimated total of at least 2.8 million.

(c) The age group over 75 has the highest rate of health care utilization of all groups.

(d) The higher prevalence of chronic conditions in those age 65 and older results in greater use of physician services. On average, they visit a physician nine times a year compared to five visits by the general population. They are hospitalized over three times as often as the younger population, stay 50 percent longer, and use twice as many prescription drugs.

(e) The knowledge and skill base in geriatrics, which is essential to the provision of medical care to older patients, has not been adequately integrated into the training of today’s doctors and other health care professionals.

(f) If resources are not invested now for better training in geriatrics, there will be an inadequate supply of doctors properly trained to treat older patients by 2010.

(g) The Academic Geriatric Resource Program was established in 1984 as a mechanism for developing within the University of California new educational initiatives in geriatrics, gerontology, and other disciplines relating to aging. The program originally was funded at one million dollars ($1,000,000). Funding has not kept pace with inflation or need. The program in 1999 was funded at one million one hundred thousand dollars ($1,100,000).

(h) The Association of American Medical Colleges acknowledged the problem of inadequate medical education in geriatrics in December 1999 by launching a new program to enhance the gerontology and geriatric curricula at United States medical schools. The association recognized that geriatrics should “be represented in a more coherent and comprehensive manner in the curricula of all U.S. medical schools.”

history: (History: Repealed and added by Stats. 2000, Ch. 440, Sec. 8. Effective January 1, 2001.)

chapter: 3. Geriatrics and Gerontology Programs

article: 1. University of California Programs

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 4. OLDER ADULTS > 3. Geriatrics and Gerontology Programs > 1. University of California Programs


text: It is the intent of the Legislature that the University of California provide academic courses and training in the field of geriatrics for medical students and existing general internists and family physicians in order to ensure that every general internist and family physician, along with other professions, have the requisite knowledge and skills to competently treat the older population by the year 2010 when the baby boomer generation begins to retire.

history: (History: Added by Stats. 2000, Ch. 440, Sec. 9. Effective January 1, 2001.)

article: 1. University of California Programs


text:
It is the purpose of the Legislature, in enacting this chapter, for the University of California to establish academic geriatric resource programs and encourage the development of expanded educational and community service programs in geriatric medicine at its medical schools or other health science campuses. A multidisciplinary approach shall be utilized in the development of these programs. The programs shall include, but not be limited to, one or more of the following elements:

(a) Preclinical, clinical, or postgraduate educational programs in geriatrics for health science students to instruct and train them in recognizing and responding to the needs and dynamics of the health care of older patients.

(b) Provision of continuing education in geriatrics for health care providers and the general public.

(c) A teaching nursing home program to research nursing home health care practices and to instruct and train health science students about geriatric care.

(d) Development and evaluation of the best practices for the health care of older persons.

(e) Development and evaluation of interdisciplinary models of geriatric training.

(f) Development and evaluation of innovative health care delivery sites and programs for older persons.

history: (History: Amended by Stats. 2000, Ch. 440, Sec. 10. Effective January 1, 2001.)

article: 1. University of California Programs


text:
For purposes of this chapter, the following definitions apply:

(a) “Academic geriatric resource program” means a program which includes one of the elements specified in Section 105105.

(b) “Nursing home” means a licensed skilled nursing or licensed intermediate care facility, as defined by Section 1250.

(c) “Teaching nursing home” means a licensed skilled nursing or licensed intermediate care facility, as defined by Section 1250, which is owned or operated by, or affiliated with, a University of California or private university campus with a medical or health sciences center, for the purpose of providing training, patient care, research, and community service.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 5. Effective January 1, 1996.)

article: 1. University of California Programs


text:
(a) It is the intent of the Legislature that University of California medical students complete a definable curriculum in geriatric medicine over the course of their medical school training to meet recommended core competencies for the care of older persons. It is the intent of the Legislature that this curriculum instill the attitudes, knowledge, and skills that physicians need to provide competent and compassionate care for older persons, including both didactic and clinical experiences encompassing the spectrum of health status of older persons and community-based sites for clinical training.

(b) It is the intent of the Legislature that University of California medical residents in internal medicine, family practice, and psychiatry complete a definable curriculum in geriatric medicine over the course of their residency training. It is the intent of the Legislature that this curriculum instill the attitudes, knowledge, and skills that physicians practicing these specialties need to provide competent and compassionate care for older persons. This curriculum should encompass the spectrum of health status of older persons and include community-based sites for clinical training.

(c) It is the intent of the Legislature that the University of California be responsible for developing, implementing, maintaining, and evaluating the geriatric medicine content needed in the curriculum. The curriculum shall take into consideration the recommendations of the Institute of Medicine of the National Academy of Sciences, the American Geriatric Society, and other nationally recognized medical organizations. The expanded geriatric medicine program and curriculum should be developed and implemented at each University of California school of medicine as soon as possible, but no later than September 1, 2003.

(d) The Legislature requests that, no later than March 30, 2003, the Regents of the University of California submit a progress report on the status of the implementation of a definable curriculum in geriatric medicine at each campus in accordance with this act.

(e) The Legislature requests that, no later than March 30, 2004, the Regents of the University of California submit a report on the status of the implementation of a definable curriculum in geriatric medicine at each campus. The report should include the total number of hours of geriatric instruction to be given at each school of medicine and the number of weeks of that instruction or experience provided at each medical school. This report should be written by a committee that is specifically charged with reporting on the status of the implementation of this section. The majority of committee members should be national experts in the geriatric field who are not University of California employees.

(f) The Legislature requests that every 5 years, commencing no later than June 30, 2005, the Regents of the University of California submit a report describing progress in geriatrics training and related initiatives at each campus in accordance with the act. This report should be written by a committee that is specifically charged with evaluating this progress. The majority of committee members should be national experts in the geriatric field who are not University of California employees.

(g) Copies of the reports requested in subdivisions (d), (e), and (f) are to be submitted to the members of the Assembly Committee on Aging and Long-Term Care, the members of the Senate Health and Human Services Subcommittee on Aging and Long-Term Care, and the Chairpersons of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review.

(h) It is the intent of the Legislature that the professors occupying the University of California endowed chairs in geriatric medicine funded in the 2000–01 Budget Act provide leadership in developing and implementing the expanded geriatric medicine programs and curriculum at the University of California, and that one-time funds provided to the Academic Geriatric Resource Program in the Budget Act of 2000 also be used to expand geriatric medicine programs and curriculum at the university to implement subdivisions (a) and (b).

history: (History: Amended by Stats. 2001, Ch. 159, Sec. 134. Effective January 1, 2002.)

article: 1. University of California Programs


text: The Regents of the University of California shall be the agency with the responsibility for making grants for the Academic Geriatric Resource Program.

article: 1. University of California Programs


text:
The Legislature requests that, on March 30, 2001, and biennially thereafter, the Regents of the University of California submit a progress report to the Legislature, including copies to the members of the Assembly Committee on Aging and Long-Term Care, the members of the Senate Health and Human Services Subcommittee on Aging and Long-Term Care, and the Chairpersons of the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review, regarding the grant programs established pursuant to this chapter. The report should include, but not be limited to, all of the following elements:

(a) A description of the progress made in implementing and maintaining the programs.

(b) The number of academic geriatric resource programs established.

(c) The characteristics and costs of the programs.

(d) A summary of the progress towards developing and implementing educational and community service programs in geriatric medicine at each campus.

(e) An evaluation of the program’s effectiveness at each campus, including identification of problems and limitations, and strategies to overcome them.

The report should separately delineate the information required pursuant to this section with respect to each medical or health science campus that receives funding under a grant program established pursuant to this chapter.

history: (History: Amended by Stats. 2000, Ch. 440, Sec. 11. Effective January 1, 2001.)

article: 1. University of California Programs


text: No provision of this chapter shall be applicable to the University of California unless the Regents of the University of California, by resolution, make that provision applicable.

article: 1. University of California Programs


text: The department shall seek any Medicaid waivers necessary to implement this chapter.

article: 1. University of California Programs


text:
(a) In addition to the other programs provided under this chapter, it is the intent of the Legislature to encourage the Regents of the University of California to monitor existing physician licensing requirements, and any additional requirements developed in response to Section 105135. It is also the intent of the Legislature that the regents review programs and offerings in the schools of medicine to ensure that graduates of those schools are adequately prepared to meet the licensing requirements in geriatric medicine and any other educational requirements in geriatric medicine deemed appropriate by the regents.

(b) It is the intent of the Legislature that the regents request the medical and other health science schools of the University of California to consider the need for additional emphasis on geriatrics in their curricula.

history: (History: Amended by Stats. 2004, Ch. 193, Sec. 115. Effective January 1, 2005.)

article: 1. University of California Programs


text:
(a) It is the intent of the Legislature that California State University students who are receiving training to provide services to the senior population complete a curriculum in the field of gerontology. It is the intent of the Legislature that this curriculum be designed to instill the attitudes, knowledge, and skills the students will need to provide competent and compassionate care for older persons.

(b) It is the intent of the Legislature that the California State University system shall be responsible for developing, implementing, maintaining, and evaluating the necessary content in the curriculum.

history: (History: Added by Stats. 2002, Ch. 551, Sec. 3. Effective January 1, 2003.)

article: 2. California State University Programs

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 4. OLDER ADULTS > 3. Geriatrics and Gerontology Programs > 2. California State University Programs


text:
(a) The California State University system shall provide academic courses and training in the field of gerontology for professional service delivery personnel providing services to the senior population. For purposes of this article, “professional service delivery personnel” includes, but is not limited to, all of the following:

(1) Social workers.

(2) Nurses.

(3) Gerontologists.

(4) Physical therapists.

(5) Psychologists.

(b) Each of the California State University campuses that educates professional service delivery personnel shall, through its established curriculum development processes, do both of the following:

(1) Develop and implement guidelines for training in gerontology.

(2) Establish a plan for the recruitment of students to enter fields of service for the maturing California population that will ultimately lead to a higher quality service delivery system for the senior population.

article: 2. California State University Programs


text: On or before January 1, 2004, the Trustees of the California State University shall submit a progress report to the Legislature on the status of the establishment and implementation of curricula in gerontology in accordance with this article.

article: 2. California State University Programs


text:
(a) Local health departments, as defined in Section 101185, shall provide services in occupational health to promote the health of employed persons, including educational, consultative, statistical, investigative, and other activities appropriate thereto.

(b) This section shall become operative on July 1, 1994.

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY > 1. Occupational Health and Disease Control


text:
(a) The department shall maintain a program on occupational health and occupational disease prevention, including, but not limited to, the following:

(1) Investigations into the causes of morbidity and mortality from work-induced diseases.

(2) Development of recommendations for improved control of work-induced diseases.

(3) Maintenance of a thorough knowledge of the effects of industrial chemicals and work practices on the health of California workers.

(4) Provision of technical assistance in matters of occupational disease prevention and control to the Department of Industrial Relations and other governmental and nongovernmental agencies, organizations, and private individuals.

(5) Collection and summarization of statistics describing the causes and prevalence of work-induced diseases in California.

(b) The functions provided for in subdivision (a) are intended to implement within the department a continuing research and development capability and a repository of hazardous substances capability which will reinforce and strengthen the administration of the California Occupational Safety and Health Act of 1973, Part 1 (commencing with Section 6300) of Division 5 of the Labor Code, including the capability to recommend occupational health standards to the California Occupational Safety and Health Standards Board. Whenever the repository identifies data gaps for any chemical regulated by the California Occupational Safety and Health Act of 1973, the department shall notify the Division of Occupational Safety and Health of the Department of Industrial Relations of its finding.

(c) Upon the request of the department, and in furtherance of the goals of the occupational disease prevention program, employers shall provide to the department the results of monitoring data, both exposure and medical, which has been collected pursuant to Cal-OSHA standards and regulations.

(d) The state department shall have access without delay to any place of employment during regular working hours and at other reasonable times to conduct investigations necessary to carry out the purposes of this article and Article 2 (commencing with Section 105185), including, but not limited to, research, health hazard evaluation, and epidemiological surveillance. In connection with the investigation, the department may question privately any employer, owner, operator, agent, or employee and review and copy records collected pursuant to Cal-OSHA standards and regulations, and other related records.

(e) The repository maintained pursuant to this section and Section 147.2 of the Labor Code shall contain the report issued pursuant to former Sections 13124 and 13125 of the Food and Agricultural Code. Whenever a request for toxicity information is received concerning a chemical discussed in that report, the department shall notify the requestor of the nature and extent of any data gaps identified in the report with respect to that chemical. Whenever the repository receives a request about toxicity information on any other chemical, in addition to providing available information about the known toxic effects of exposure to the chemical, the repository shall also notify the requester of a determination by any state agency or federal agency that the chronic health effects testing data on the chemical is inadequate or incomplete. State agencies that maintain information on the toxic effects of chemicals shall provide the repository with access to that information.

history: (History: Amended by Stats. 2004, Ch. 193, Sec. 116. Effective January 1, 2005.)

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY > 2. Occupational Health and Disease Prevention > 1. Occupational Health and Disease Prevention Program


text: In any situation where these activities may duplicate or overlap the activities of another state department or agency such as the Department of Industrial Relations or Division of Industrial Safety, the department shall avoid duplication.

part: 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY

chapter: 2. Occupational Health and Disease Prevention

article: 1. Occupational Health and Disease Prevention Program


text:
(a) The department shall establish and maintain an occupational lead poisoning prevention program, including, but not limited to, the following:

(1) Developing a system for monitoring laboratory reports of cases of adult lead toxicity, to create an occupational lead poisoning registry.

(2) Following up reported cases of occupational lead poisoning to ascertain the source of lead exposure.

(3) Conducting investigations in cases where take-home exposure may be occurring, where there is a likelihood of identifying additional cases, or where a previously unidentified risk factor may be present.

(4) Conducting training of employers, employees, and health professionals regarding prevention of occupational lead poisoning.

(5) Making recommendations for the prevention of lead poisoning.

(b) In any situation where the activities specified in subdivision (a) may duplicate or overlap the activities of any other state department or agency, including the Department of Industrial Relations, the department shall coordinate with the other departments or agency and take actions to avoid program and service duplication.

(c) As part of the department’s Occupational Lead Poisoning Prevention Program, the department shall consider a report from a laboratory of an employee’s blood lead level at or above 20 micrograms per deciliter to be injurious to the health of the employee and shall report that case within five business days of receiving the report to the Division of Occupational Safety and Health.

(d) The department may adopt regulations to implement this section and Sections 105190 and 105195. Any regulations adopted shall be considered and adopted as emergency regulations in accordance with Section 11346.1 of the Government Code.

(e) The employee blood lead level established by this section is not intended to supersede any lower blood lead level that may be actionable under the Division of Occupational Safety and Health’s lead standards in its general industry safety order (Section 5198 of Title 8 of the California Code of Regulations) or construction safety order (Section 1532.1 of Title 8 of the California Code of Regulations). For purposes of this subdivision, an actionable employee blood lead level means a level that triggers an employer obligation to reduce lead exposure in the workplace or an investigation by the division.

history: (History: Amended by Stats. 2019, Ch. 710, Sec. 1. (AB 35) Effective January 1, 2020.)

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY > 2. Occupational Health and Disease Prevention > 2. Occupational Lead Poisoning Prevention


text:
(a) A fee shall be paid annually to the State Board of Equalization by employers in industries identified by the four-digit Standard Industrial Classification (S.I.C., 1987 Edition) established by the United States Department of Commerce and for which the State Board of Equalization has received information from the department of documented evidence of potential occupational lead poisoning.

(b) The department shall provide to the State Board of Equalization on or before the first day of November of each year, all information for the prior three-year period obtained by the California Blood Lead Registry, regarding evidence of potential occupational lead poisoning by the Standard Industrial Classification. Based on this information, the State Board of Equalization shall determine whether an employer is within Category A of the Standard Industrial Classification or within Category B of the Standard Industrial Classification and shall implement the fee schedule set forth in subdivision (c). For the purpose of this subdivision and subdivision (c), a Category A Standard Industrial Classification code is a Standard Industrial Classification code listed in Section 105195 for which there have been fewer than 20 persons with elevated blood lead levels reported to the California Blood Lead Registry in the prior three-year period. A Category B Standard Industrial Classification code is a Standard Industrial Classification code listed in Section 105195 for which there have been 20 or more persons with elevated blood lead levels reported to the California Blood Lead Registry in the prior three-year period. An elevated blood lead level is a level greater than or equal to 25 micrograms of lead per deciliter of blood.

(c) For employers with 10 or more employees, but less than 100 employees, in a Category A Standard Industrial Classification code, the annual fee shall be one hundred ninety-five dollars ($195). For employers with 100 or more employees, but fewer than 500 employees, in a Category A Standard Industrial Classification code, the annual fee shall be three hundred ninety dollars ($390). For employers with 500 or more employees in a Category A Standard Industrial Classification code, the annual fee shall be nine hundred seventy-five dollars ($975). For employers with 10 or more employees, but fewer than 100 employees, in a Category B Standard Industrial Classification code, the annual fee shall be two hundred seventy-nine dollars ($279). For employers with 100 or more employees, but fewer than 500 employees, in a Category B Standard Industrial Classification code, the annual fee shall be seven hundred eighty-one dollars ($781). For employers with 500 or more employees in a Category B Standard Industrial Classification code, the annual fee shall be two thousand two hundred thirty-two dollars ($2,232). For the purpose of this subdivision, an employer is any person defined in Section 25118 of the Health and Safety Code. Employers with fewer than 10 employees are not subject to any fees pursuant to this section.

(d) The fees imposed in subdivision (c) are the rates for calendar year 1995 and shall be adjusted annually by the State Board of Equalization to reflect increases or decreases in the cost of living during the prior fiscal year as measured by the Consumer Price Index issued by the Department of Industrial Relations, or a successor agency. This adjustment of fees shall not be subject to the requirements of Chapter 2.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(e) In no event shall the annual fee exceed the cost of the program described in Section 105185. The department may exempt from payment of fees those employers who demonstrate that lead is not present in their places of employment. The cost of the program described in Section 105185 shall not exceed the amount of revenue collected from the annual fee.

(f) The fee imposed pursuant to subdivision (b) shall be paid by each employer which is identified in the schedule in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code and shall be deposited in the Occupational Lead Poisoning Prevention Account of the General Fund, which is hereby created, to be expended for the purposes of the Occupational Lead Poisoning Prevention Program, including the cost of administering the fees by the State Board of Equalization, upon appropriation by the Legislature.

history: (History: Added by renumbering Section 429.14 (as amended by Stats. 1995, Ch. 630) by Stats. 1996, Ch. 720, Sec. 1. Effective January 1, 1997.)

article: 2. Occupational Lead Poisoning Prevention


text:
(a) The Legislature finds and declares all of the following:

(1) There are some employers who use or disturb very small amounts of lead in ways that pose a very minimal potential for lead poisoning of employees.

(2) These users of de minimis amounts of lead are not currently eligible for a waiver of the Occupational Lead Poisoning Fee.

(b) The State Department of Health Services shall adopt regulations that define a de minimis amount of lead use or disturbance. Any employer who is within the requirements of this definition shall be exempt from payment of the Occupational Lead Poisoning Fee.

history: (History: Added by Stats. 1996, Ch. 720, Sec. 2. Effective January 1, 1997.)


text:
(a) Sections 105185 and 105190 shall apply to the following industries:

(1) 1622 Bridges, tunnels, and elevated highways.

(2) 1721 Painting, paper hanging, and decorating.

(3) 1791 Structural steel erection.

(4) 1795 Wrecking and demolition work.

(5) 2759 Commercial printing.

(6) 2816 Inorganic pigments manufacture.

(7) 2819 Industrial inorganic chemicals.

(8) 2821 Plastics materials and resins.

(9) 2892 Explosives manufacture.

(10) 2899 Chemical preparations.

(11) 3069 Fabricated rubber products.

(12) 3087 Custom compounding of purchased plastics resins.

(13) 3089 Plastic products.

(14) 3229 Pressed and blown glass.

(15) 3231 Products of purchased glass.

(16) 3253 Ceramic walls and floor tiles.

(17) 3262 Vitreous china food utensils.

(18) 3269 Pottery products.

(19) 3313 Electrometallurgical products.

(20) 3331 Primary copper.

(21) 3339 Primary nonferrous metals, except copper and aluminum.

(22) 3341 Secondary nonferrous metals.

(23) 3356 Nonferrous rolling, drawing, extruding.

(24) 3363 Aluminum die castings.

(25) 3364 Nonferrous die castings.

(26) 3365 Aluminum foundries.

(27) 3366 Copper foundries.

(28) 3369 Nonferrous foundries.

(29) 3399 Primary metal products.

(30) 3411 Metal cans manufacture.

(31) 3431 Metal sanitary ware.

(32) 3432 Plumbing fittings and brass goods.

(33) 3441 Fabricated structural metal.

(34) 3484 Small arms.

(35) 3491 Industrial valves.

(36) 3492 Fluid power valves and hose fittings.

(37) 3494 Valves and pipe fittings.

(38) 3496 Miscellaneous fabricated wire products.

(39) 3497 Metal foil and leaf.

(40) 3585 Refrigeration and heating equipment.

(41) 3599 Machinery, except electrical.

(42) 3624 Carbon and graphite products.

(43) 3661 Telephone and telegraph apparatus.

(44) 3662 Radio and television communication equipment.

(45) 3663 Radio and television equipment.

(46) 3669 Communications equipment.

(47) 3674 Semiconductors and related devices.

(48) 3691 Storage batteries.

(49) 3692 Primary batteries, dry and wet.

(50) 3699 Electrical equipment and supplies.

(51) 3711 Motor vehicles and car bodies.

(52) 3714 Motor vehicle parts and accessories.

(53) 3721 Aircraft.

(54) 3953 Marking devices.

(55) 3812 Search and navigation equipment.

(56) 3829 Measuring and controlling devices.

(57) 5064 Electrical appliances, television, and radios.

(58) 5093 Scrap and waste materials.

(59) 7538 General automotive repair shops.

(60) 7539 Automotive repair shops.

(61) 7997 Membership sports and recreation clubs.

(62) 7999 Amusement and recreation.

(b) (1) If the department determines that the potential for occupational lead poisoning exists in industries not covered by this section, based on new evidence, the department shall have the authority to add Standard Industrial Classification codes by regulation. Multiple case reports of occupational lead toxicity shall be a criterion for adding Standard Industrial Classification codes covered by this section for the purpose of fee assessment.

(2) If the department determines that lead use and lead exposure no longer exist in an industry covered by this section, based on new evidence, the department shall delete the Standard Industrial Classification code or individual industries within a Standard Industrial Classification code by regulation. If the department otherwise determines that the potential for occupational lead poisoning no longer exists in an industry covered by this section, based on new evidence, the department shall have the authority to delete Standard Industrial Classification codes or individual industries with a Standard Industrial Classification code by regulation. If the department determines that lead use and lead exposure no longer exist in the operations of an employer in an industry covered by this section, based on evidence submitted by the employer, the department may waive the fee of that employer.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 416. Effective January 1, 2007.)


text:
(a) A program is hereby established within the department to meet the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. Sec. 4851 and following) and Title X of the Housing and Community Development Act of 1992 (P.L. 102-550).

(b) The department shall implement and administer the program. The department shall have powers and authority consistent with the intent of, and shall promulgate regulations to establish the program as an authorized state program pursuant to, Title IV, Section 402 to 404, inclusive, of the Toxic Substances Control Act (15 U.S.C. Sec. 2601 and following).

(c) Regulations regarding accreditation of training providers that are promulgated pursuant to subdivision (b) shall include, but not be limited to, provisions governing accreditation of providers of health and safety training to employees who engage in or supervise lead-related construction work as defined in Section 6716 of the Labor Code, and certification of employees who have successfully completed that training. Regulations regarding accreditation of training providers shall, as a condition of accreditation, require providers to offer training that meets the requirements of Section 6717 of the Labor Code. The department shall, not later than August 1, 1994, adopt regulations establishing fees for the accreditation of training providers, the certification of individuals, and the licensing of entities engaged in lead-related occupations. The fees imposed under this subdivision shall be established at levels not exceeding an amount sufficient to cover the costs of administering and enforcing the standards and regulations promulgated under this section. The fees established pursuant to this subdivision shall not be imposed on any state or local government or nonprofit training program.

(d) All regulations affecting the training of employees shall be adopted in consultation with the Division of Occupational Safety and Health. The regulations shall include provisions for allocating to the division an appropriate portion of funds to be expended for the program for the division’s cost of enforcing compliance with training and certification requirements. The department shall adopt regulations to establish the program on or before August 1, 1994.

(e) The department shall review and amend its training, certification, and accreditation regulations promulgated under this section as is necessary to ensure continued eligibility for federal and state funding of lead-hazard reduction activities in the state.


text:
Any physician and surgeon who knows, or has reasonable cause to believe, that a patient is suffering from pesticide poisoning or any disease or condition caused by a pesticide shall promptly report that fact to the local health officer by telephone within 24 hours and by a copy of the report required pursuant to subdivision (a) of Section 6409 of the Labor Code within seven days, except that the information which is available to the physician and surgeon is all that is required to be reported as long as reasonable efforts are made to obtain the information.

Each local health officer shall immediately notify the county agricultural commissioner and, at his or her discretion, shall immediately notify the Director of Environmental Health Hazard Assessment of each report received and shall report to the Director of Pesticide Regulation, the Director of Environmental Health Hazard Assessment, and the Director of Industrial Relations, on a form prescribed by the Director of Environmental Health Hazard Assessment, each case reported to him or her pursuant to this section within seven days after receipt of the report.

The Office of Environmental Health Hazard Assessment shall designate a phone number or numbers for use by local health officers in the immediate notification of the office of a pesticide poisoning report. The office shall from time to time establish criteria for use by the local health officers in determining whether the circumstances of a pesticide poisoning warrants the immediate notification of the office.

In no case shall the treatment administered for pesticide poisoning or a condition suspected as pesticide poisoning be deemed to be first aid treatment.

Any physician and surgeon who fails to comply with the reporting requirements of this section or any regulations adopted pursuant to this section shall be liable for a civil penalty of two hundred fifty dollars ($250). For the purposes of this section, failure to report a case of pesticide poisoning involving one or more employees in the same incident shall constitute a single violation. The Division of Occupational Safety and Health of the Department of Industrial Relations shall enforce these provisions by issuance of a citation and notice of civil penalty in a manner consistent with Section 6317 of the Labor Code. Any physician and surgeon who receives a citation and notice of civil penalty may appeal to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319 of the Labor Code.

Each local health officer shall maintain the ability to receive and investigate reports of pesticide poisoning at all times pursuant to Section 12982 of the Food and Agricultural Code.

chapter: 3. Pesticide Poisoning

path: 103. DISEASE PREVENTION AND HEALTH PROMOTION > 5. ENVIRONMENTAL AND OCCUPATIONAL EPIDEMIOLOGY > 3. Pesticide Poisoning


text: The Office of Environmental Health Hazard Assessment shall develop and implement, in cooperation with local health officers and state and local medical associations, a program of medical education to alert physicians and other health care professionals to the symptoms, diagnosis, treatment, and reporting of pesticide poisoning.


text:
(a) In order for an employer to satisfy their responsibilities for medical supervision of their employees who regularly handle pesticides pursuant to Section 6728 of Title 3 of the California Code of Regulations, the employer shall contract with a medical supervisor registered with the Office of Environmental Health Hazard Assessment (OEHHA).

(b) A laboratory that performs tests ordered by a medical supervisor shall report the information specified in subdivision (c) to the Department of Pesticide Regulation. Reports shall be submitted to the Department of Pesticide Regulation on, at a minimum, a monthly basis. To meet the requirements in subdivision (e), the reports shall be submitted via electronic media and formatted in a manner approved by the director. The Department of Pesticide Regulation shall share information from cholinesterase reports with the OEHHA and the State Department of Public Health on an ongoing basis, in an electronic format, for the purpose of meeting the requirements of subdivisions (f) and (g).

(c) The laboratory shall report all of the following information in its possession in complying with subdivision (b):

(1) The test results in International Units per milliliter of sample (IU/mL).

(2) The purpose of the test, as indicated by the medical supervisor, as a cholinesterase test requested for an agricultural worker under medical supervision, and, if so, whether it is for a baseline, followup, or recovery test ordered to meet the requirements of Section 6728 of Title 3 of the California Code of Regulations or for the evaluation of suspected pesticide illness.

(3) The name of the person tested.

(4) The date of birth of the person tested.

(5) The unique identifier of the person tested, including both of the following:

(A) The health care facility-assigned patient identification number.

(B) The member identification, group number, and medical group name, or the provider group to which the person tested belongs.

(6) The name, National Provider Identifier (NPI), address, and telephone number of the medical supervisor who ordered the analysis.

(7) The name, address, and telephone number of the laboratory that drew and collected the blood specimen from the person tested.

(8) The date that the sample was collected from the person tested and the date the result was reported.

(9) The accession number of the specimen.

(10) Contact information for the person tested and the person’s employer, if known and readily available.

(d) The registered medical supervisor ordering a cholinesterase test for a person pursuant to subdivision (b) shall note in the test order the name of the medical supervisor and the purpose of the test, pursuant to paragraph (2) of subdivision (c), and ensure that the person tested and the employer receive a copy of the cholinesterase test results and any recommendations from the medical supervisor based upon those results within 14 days of the medical supervisor’s receipt of the results. The medical supervisor shall report any worker with cholinesterase depression indicating pesticide exposure to the local health officer pursuant to Section 105200.

(e) All information reported pursuant to this section shall be confidential, as provided in Section 100330, except that the OEHHA, the Department of Pesticide Regulation, and the State Department of Public Health may share the information for purposes of surveillance, case management, investigation, environmental remediation, or abatement with the appropriate county agricultural commissioner and local health officer.

(f) The OEHHA shall establish a procedure for registering and deregistering medical supervisors for purposes of outreach and training and may establish reasonable requirements for performance. The OEHHA shall review the cholinesterase test results and may provide an appropriate medical or toxicological consultation to the medical supervisor. In addition to the duties performed pursuant to Section 105210, the OEHHA, in consultation with the Department of Pesticide Regulation and the local health officer, may provide medical and toxicological consultation, as appropriate, to the county agricultural commissioner to address medical issues related to the investigation of cholinesterase inhibitor-related illness.

(g) The Department of Pesticide Regulation and the OEHHA shall prepare and publicly post an update on the effectiveness of the medical supervision program and the utility of laboratory-based reporting of cholinesterase testing for illness surveillance and prevention by January 1, 2021.

(h) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

history: (History: Amended by Stats. 2022, Ch. 108, Sec. 1. (AB 1787) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions.)


text: After consultation with the county agricultural commissioner or the Director of Agriculture, the local health officer may, upon his determination that pesticide poisoning is serious and that an outbreak in pesticide poisoning or any disease or condition caused by pesticide poisoning has occurred in his county, request assistance by the state department. Upon such request, the director shall provide the local health officer with the necessary staff and technical assistance to conduct an epidemiologic investigation of the outbreak, and where appropriate, shall make recommendation to control or prevent such poisoning outbreaks.


text:
(a) Any public employee, as defined in Section 811.4 of the Government Code, whose responsibilities include matters relating to health and safety, protection of the environment, or the use or transportation of any pesticide and who knows, or has reasonable cause to believe, that a pesticide has been spilled or otherwise accidentally released, shall promptly notify the local health officer or the notification point specified in the local hazardous materials response plan, where the plan has been approved by the Office of Emergency Services and is in operation. The operator of the notification point shall immediately notify the local health officer of the pesticide spill report.

(b) The local health officer shall immediately notify the county agricultural commissioner and, at his or her discretion, shall immediately notify the Director of Environmental Health Hazard Assessment of each report received. Within seven days after receipt of any report, the local health officer shall notify the Director of Pesticide Regulation, the Director of Environmental Health Hazard Assessment, and the Director of Industrial Relations, on a form prescribed by the Director of Environmental Health Hazard Assessment, of each case reported to him or her pursuant to this section.

(c) The Office of Environmental Health Hazard Assessment shall designate a telephone number or numbers for use by local health officers in the immediate notification of the office of a pesticide spill report. The office shall from time to time establish criteria for use by the local health officers in determining whether the circumstances of a pesticide spill warrants the immediate notification of the office.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 385. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)


text:
The Director of Environmental Health Hazard Assessment shall maintain a file of all the reporting forms received from local health officers pursuant to Section 105215 at the repository of current data on toxic materials established pursuant to Section 147.2 of the Labor Code. The file shall be open to the public and shall be indexed at least to the extent of the following:

(a) The county of the accidental release.

(b) The type of pesticide involved.


text: Each public employer of a public employee subject to Section 105215 shall post in one or more prominent places frequented by such employee a notice informing such employee of the responsibility imposed by Section 105215.