text:
(a) By the 10th of each month, a person engaged in the business of pest control under the authority of a license issued pursuant to Article 1 (commencing with Section 11701), Chapter 4, Division 6 of the Food and Agricultural Code shall file a spray report with the county agricultural commissioner of each county in which the person has treated property during the previous month.

(b) The spray report shall include the name and address of the person and, for each property treated, the following information:

(1) The name and address of the owner of the property treated.

(2) The name and address of the owner of the crop treated.

(3) The type of crop treated.

(4) The date, time, and method of treatment.

(5) The type, quantity, and concentration of each pesticide used in the treatment.

(6) The type of insect or pest to be controlled.

(7) The number of trees or acres treated.

(8) Any other information that the department may deem necessary in view of conditions that may constitute a menace to life, health, or safety of individuals living or working in areas where pesticides are applied.

(c) Spray reports filed pursuant to this section are public records that shall be made available by the county agricultural commissioners for public inspection.

article: 9. Pest Spray Reports

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 3. Additional Administrative Provisions > 9. Pest Spray Reports


kind: section

code: HSC

text:
(a) (1) Except as provided in paragraph (2), laboratories engaged in the performance of forensic alcohol analysis tests by or for law enforcement agencies on blood, urine, tissue, or breath for the purposes of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations shall comply with Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations, as they exist on December 31, 2004, until the date when those regulations are revised pursuant to Section 100703.

(2) (A) Laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board shall not be required to establish the concentration of each lot of secondary alcohol standards it uses, whether prepared or acquired, by an oxidimetric method that employs a primary standard.

(B) Laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board are not limited to reporting analytical results to the second decimal place.

(b) Notwithstanding subdivision (a), the department shall not require laboratories to be licensed.

history: (History: Amended by Stats. 2014, Ch. 570, Sec. 1. (AB 2425) Effective January 1, 2015.)

division: 101. ADMINISTRATION OF PUBLIC HEALTH

chapter: 4. Regulation of Laboratory Services

article: 2. Licensing of Laboratories

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 4. Regulation of Laboratory Services > 2. Licensing of Laboratories


text: All laboratories that are subject to the requirements of Section 100700 shall ensure that breath alcohol instruments and calibrating devices used in testing are listed in the conforming products list in the Federal Register by the National Highway Traffic Safety Administration of the United States Department of Transportation.

history: (History: Added by Stats. 2004, Ch. 337, Sec. 4. Effective January 1, 2005.)

part: 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES

article: 2. Licensing of Laboratories


text:
(a) All laboratories that are subject to the requirements of Section 100700 shall follow the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) guidelines for proficiency testing. The required proficiency test must be obtained from any ASCLD/LAB approved test provider.

(b) Each laboratory shall participate annually in an external proficiency test for alcohol analysis.

(c) Each examiner shall successfully complete at least one proficiency test annually.

(d) Each laboratory shall have a procedure in writing that describes a review of proficiency test results, and, if applicable, the corrective action taken when proficiency test results are inconsistent with expected test results.

history: (History: Added by Stats. 2004, Ch. 337, Sec. 5. Effective January 1, 2005.)

article: 2. Licensing of Laboratories


text:
(a) On or before July 1, 2005, the department shall establish a review committee.

(b) The review committee shall have eight members, including one person representing each of the following:

(1) Prosecuting attorneys.

(2) Law enforcement agencies.

(3) Defense attorneys.

(4) Coroners, pathologists, or medical examiners.

(5) Criminalists.

(6) Toxicologists.

(7) Crime laboratory directors.

(8) The State Department of Public Health.

(c) The review committee shall meet at least once in each three-year period after its initial meeting, or within 60 days of receipt of a request by the department or a member of the review committee.

(d) The review committee shall evaluate Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations and determine revisions that will limit those regulations to those that the review committee determines are reasonably necessary to ensure the competence of the laboratories and employees to prepare, analyze, and report the results of the tests and comply with applicable laws. In determining revisions, the review committee shall also take into consideration the advancement and development of scientific processes, including the reporting of results with an estimated uncertainty measurement. The review committee shall submit a summary of revisions to the California Health and Human Services Agency.

(e) Within 90 days of receiving the review committee’s revisions, the California Health and Human Services Agency may disapprove of one or more of those revisions.

(f) (1) Except as provided in paragraph (2), the department shall adopt regulations pursuant to this section that shall incorporate the review committee’s revisions. Nothing in this section shall be construed as exempting the regulations from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(2) The department shall not adopt regulations to incorporate any review committee revisions that were disapproved under subdivision (e).

history: (History: Amended by Stats. 2014, Ch. 570, Sec. 2. (AB 2425) Effective January 1, 2015.)

article: 2. Licensing of Laboratories


text: On or after January 1, 1971, the department shall enforce this chapter and regulations adopted by the department.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 301.5. Effective September 29, 1996.)

article: 2. Licensing of Laboratories


text: Any ampoules and their contents employed in a breath alcohol analysis test may be destroyed by the law enforcement agency in possession of them one year after the date of collection of the breath sample.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

article: 2. Licensing of Laboratories


text:
(a) This article shall be known, and may be cited, as the Environmental Laboratory Accreditation Act.

(b) Laboratories that perform analyses on any combination of environmental samples, or raw or processed agricultural products for regulatory purposes shall obtain a certificate of accreditation pursuant to this article.

(c) Unless the express language or context requires otherwise, the definitions in this article shall govern the construction of the article.

(1) “Accreditation” means the recognition of a laboratory by the state board to conduct analyses of environmental samples for regulatory purposes.

(2) “Assessor body” means the organization that actually executes the accreditation process, including receiving and reviewing applications, documents, PT sample results, and onsite assessments.

(3) “Certificate” means a document issued by the state board to a laboratory that has received accreditation pursuant to this article.

(4) “Department” means the state board.

(5) “ELAP” means state accreditation program established under this article.

(6) “Environmental samples” means potable and nonpotable surface waters or groundwaters, soils and sediments, hazardous wastes, biological materials, or any other sample designated for regulatory purposes.

(7) “Proficiency testing (PT)” is a means of evaluating a laboratory’s performance under controlled conditions relative to a given set of criteria through analysis of unknown samples provided by an external source.

(8) “PT sample” means a sample used for proficiency testing.

(9) “Regulatory purposes” means a statutory or regulatory requirement of a state board, office, or department, or of a division or program that requires a laboratory certified under this article or of any other state or federal agency that requires a laboratory to be accredited.

(10) “Revocation” means the permanent loss of a certificate of accreditation, including all units and fields of accreditation for state accreditation and all fields of accreditation for TNI accreditation.

(11) “State accreditation” means accreditation of a laboratory, that has met the requirements of this article and regulations adopted by the state board pursuant to this article.

(12) “State board” means the State Water Resources Control Board.

(13) “Suspension” means the temporary loss of a certificate of accreditation or a unit or field of accreditation.

(14) “TNI” means The NELAC Institute, a nonprofit corporation created to combine the functions of the National Environmental Laboratory Accreditation Conference and the Institute for National Environmental Laboratory Accreditation.

(15) “TNI accreditation” means the accreditation of a laboratory that has met the requirements of TNI standards, and the requirements of this article.

(16) “TNI accredited laboratory” means a laboratory that has met the standards of TNI and has been accredited by a primary or secondary TNI-recognized accrediting body.

(17) “TNI-recognized accrediting body” means a state agency that is authorized by TNI to accredit laboratories.

(18) “TNI-recognized primary accrediting authority” means a state agency that is responsible for the accreditation of environmental laboratories within that state or that performs the primary accreditation of a lab from a non-TNI state or where the laboratory’s home state does not offer accreditation in a given field of accreditation.

(19) “TNI-recognized secondary accrediting authority” means a state agency that is authorized by TNI to accredit environmental laboratories within that state that have been accredited by a TNI-approved accrediting authority in another state.

(20) “TNI standards” means the laboratory standards adopted by TNI.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 1. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 4. Regulation of Laboratory Services > 3. Environmental Laboratories


text:
(a) A laboratory accredited by the state board shall report, in a timely fashion and in accordance with the request for analysis, the full and complete results of all detected contaminants and pollutants to the person or entity that submitted the material for testing. The state board may adopt regulations to establish reporting requirements for this section.

(b) A laboratory accredited by the state board shall report the results of each drinking water analysis the laboratory conducts to the state board in the form or format and at intervals specified by the state board.

history: (History: Amended by Stats. 2019, Ch. 120, Sec. 3. (SB 200) Effective July 24, 2019.)

article: 3. Environmental Laboratories


text:
The State Water Resources Control Board may do all of the following related to accrediting environmental laboratories in the state:

(a) Offer both state accreditation and TNI accreditation, which shall be considered equivalent for regulatory activities covered by this article.

(b) Adopt regulations to establish the accreditation procedures for both types of accreditation.

(c) Retain exclusive authority to grant TNI accreditation.

(d) Accept certificates of accreditation from laboratories that have been accredited by other TNI-recognized accrediting authorities.

(e) Adopt regulations to establish procedures for recognizing the accreditation of laboratories located outside California for activities regulated under this article.

(f) (1) Adopt a schedule of fees to recover costs incurred for the accreditation of environmental laboratories. Consistent with Section 3 of Article XIIIA of the California Constitution, the state board shall set the fees under this section in an amount sufficient to recover all reasonable regulatory costs incurred for the purposes of this article.

(2) The state board shall set the amount of total revenue collected each year through the fee schedule at an amount equal to the amount appropriated by the Legislature in the annual Budget Act from the Environmental Laboratory Improvement Fund for expenditure for the administration of this article, taking into account the reserves in the Environmental Laboratory Improvement Fund. The state board shall review and revise the fees each fiscal year as necessary to conform with the amounts appropriated by the Legislature. If the state board determines that the revenue collected during the preceding year was greater than, or less than, the amounts appropriated by the Legislature, the state board may further adjust the fees to compensate for the over or under collection of revenue.

(3) The state board shall adopt the schedule of fees by emergency regulation. The emergency regulations may include provisions concerning the administration and collection of the fees. Any emergency regulations adopted pursuant to this section, any amendment to those regulations, or subsequent adjustments to the annual fees, shall be adopted by the state board in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the state board, or adjustments to the annual fees made by the state board pursuant to this section, are not subject to review by the Office of Administrative Law and remain in effect until revised by the state board.

(4) Fees shall be set for the two types of accreditation provided for in subdivision (a), including application fees.

(5) Programs operated under this article shall be fully fee-supported.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 2. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
The department may do all of the following:

(a) Adopt regulations establishing requirements for both types of accreditation. The regulations shall include, but not be limited to, all of the following:

(1) Laboratory personnel.

(2) Quality assurance procedures.

(3) Laboratory equipment.

(4) Facilities.

(5) Standard operating procedures.

(6) Proficiency testing.

(7) Onsite assessments.

(8) Recordkeeping.

(9) Units and fields of accreditation.

(b) Adopt regulations establishing conditions under which the department may issue, deny, renew, or suspend a certificate of accreditation for individual units or fields. Suspension and denial of units or fields of accreditation shall be based on a laboratory’s failure to comply with this article and regulations adopted thereunder.

history: (History: Repealed and added by Stats. 2005, Ch. 406, Sec. 6. Effective January 1, 2006.)

article: 3. Environmental Laboratories


text: All regulations adopted by the department pursuant to this article, as they read immediately preceding January 1, 2006, shall remain in full force and effect until repealed or amended by the department in accordance with the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Repealed and added by Stats. 2005, Ch. 406, Sec. 9. Effective January 1, 2006.)

article: 3. Environmental Laboratories


text: The state board may contract with approved third-party laboratory assessor bodies in accordance with the criteria developed by the TNI or a federal agency.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 3. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
Any laboratory requesting ELAP certification or TNI accreditation under this article shall file with the state board an application on forms prescribed by the state board containing all of the following:

(a) The names of the applicant and the laboratory.

(b) The location of the laboratory.

(c) A list of fields of testing for which the laboratory is seeking certification.

(d) Evidence satisfactory to the state board that the applicant has the ability to comply with this article and the regulations adopted under this article.

(e) Any other information required by the state board for administration or enforcement of this article or regulations adopted under this article.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 4. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) Each certificate issued pursuant to this article for ELAP certification shall be issued to the owner of the laboratory and shall expire 24 months from the date of issuance. An application for renewal shall be filed with the department prior to the expiration date of the certificate. Failure to make timely application for renewal shall result in expiration of the certificate.

(b) A certificate shall be forfeited by operation of law prior to its expiration date when one of the following occurs:

(1) The owner sells or otherwise transfers the ownership of the laboratory, except that the certificate shall remain in force 90 calendar days if the department receives written assurance and appropriate documentation within 30 calendar days after the change has occurred that one or more of the conditions in subdivision (c) are met. The department shall accept or reject the assurance in writing within 30 calendar days after it has been received.

(2) There is a change in the location of the laboratory (except a mobile laboratory) or structural alteration that may affect adversely the quality of analysis in the fields of testing for which the laboratory has been certified or is seeking certification, without written notification to the department within 30 calendar days.

(3) The certificate holder surrenders the certificate to the department.

(c) Upon change of ownership of a laboratory, the department may extend a certificate to the expiration date of the original certificate upon written assurance by the new owner that the operation of the laboratory will continue so as not to adversely affect the conditions regulated by this article.

(d) The department shall be notified in writing within 30 calendar days whenever there is a change of director or other person in charge of a laboratory certified under this article. The notification shall include documentation of the qualifications of the new director or other person in charge of the laboratory.

history: (History: Amended by Stats. 2002, Ch. 215, Sec. 4. Effective January 1, 2003.)

article: 3. Environmental Laboratories


text:
(a) The period of accreditation for TNI accredited laboratories shall be 12 months. An application for renewal shall be filed with the state board prior to the expiration date of the accreditation. Failure to make timely application for renewal shall result in expiration of the accreditation.

(b) The accrediting authority shall be notified in writing within 30 calendar days of the sale or other transfer of ownership of a TNI accredited laboratory.

(c) The accrediting authority shall be notified in writing within 30 calendar days of the change in location of a TNI accredited laboratory, other than a mobile laboratory.

(d) The accrediting authority shall be notified within 30 calendar days whenever there is a change of laboratory director, or other individual in charge of the laboratory.

(e) TNI accredited laboratories shall conspicuously display their most recent TNI accreditation certificate or their accreditation fields of testing, or both, in a permanent place in their laboratory.

(f) TNI accredited laboratories shall not use their TNI accreditation document or their accreditation status to imply any endorsement by the accrediting authority.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 5. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) Upon the filing of an application for ELAP certification or TNI accreditation and after a finding by the state board that there is full compliance with this article and regulations adopted under this article, the state board shall issue to the owner certification or accreditation in the fields of testing for which the laboratory is seeking certification and with respect to which the state board has determined there is full compliance.

(b) The state board shall deny or revoke a certificate if it finds any of the following:

(1) The laboratory fails to report acceptable results in the analysis of proficiency testing samples.

(2) The laboratory fails to analyze proficiency testing samples.

(3) The laboratory submits, as its own, proficiency testing sample results generated by another laboratory.

(4) The laboratory fails to pass an onsite assessment.

(5) The laboratory is not in compliance with any other provision of this article or regulations adopted under this article.

(c) Upon the filing of a complete application for certification or accreditation pursuant to subdivision (a) and Section 100870, the state board may issue to a laboratory interim certification or accreditation pending the completion of onsite assessment. Interim certification and accreditation shall be nonrenewable and shall remain in effect until certification and accreditation is either granted under subdivision (a) or denied under subdivision (b), but not later than one year after the date of issuance.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 6. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) An application for TNI accreditation or renewal of TNI accreditation shall be denied by the accrediting body for any of the following reasons:

(1) Failure to submit all information necessary to determine the laboratory’s eligibility for its accreditation or continued compliance with this section or regulations adopted thereunder.

(2) Failure of the laboratory staff to meet TNI standards for personnel requirements. These qualifications may include education, training, and experience requirements.

(3) Failure to successfully analyze and report proficiency testing samples.

(4) Failure to respond to a deficiency report from the onsite assessment with a corrective action report within 30 calendar days of the receipt of the report.

(5) Failure to implement the corrective actions detailed in the corrective action report within the specified amount of time.

(6) Misrepresentation of any material fact pertinent to receiving or maintaining TNI accreditation.

(b) The TNI-recognized accrediting body may suspend the accreditation of a TNI-accredited laboratory, in whole or in part, for failure to correct the deficiencies, within a specified amount of time, as identified in the onsite assessment. The laboratory shall retain those areas of accreditation where it continues to meet the requirements of the accrediting body. A suspended TNI-accredited laboratory shall not be required to reapply for accreditation if the causes for suspension are corrected within six months.

(c) The TNI-approved accrediting body shall suspend a TNI accreditation, in whole or in part for the following reasons:

(1) Failure to complete proficiency testing studies.

(2) Failure to maintain a history of at least two successful, out of the most recent three, proficiency testing studies for each affected accreditation field of testing, subgroup, or analyte for which the laboratory is accredited.

(3) Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards.

(4) Failure to submit an acceptable corrective action report in response to a deficiency report and failure to implement corrective action related to deficiencies found during laboratory assessments within the required time period, as required by the TNI standards.

(5) Failure to notify the accrediting body of any changes in key accreditation criteria, as required by TNI standards.

(6) Failure to perform all accredited tests in accordance with TNI standards.

(7) Failure to meet all applicable quality system requirements in TNI standards.

(d) A suspended laboratory shall not be required to reapply for TNI accreditation if the causes for suspension are corrected within six months. A suspended laboratory shall not continue to analyze samples for the affected fields of testing for which it holds accreditation. A suspended laboratory shall remain suspended without a right to appeal if the suspension is caused by unacceptable proficiency testing sample results.

(e) If a laboratory is unable to correct the reason for suspension, the laboratory’s accreditation shall be revoked in whole or in part.

(f) A laboratory’s accreditation shall not be suspended without the right to due process, as set forth in TNI standards.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 146. (SB 1289) Effective January 1, 2019.)

article: 3. Environmental Laboratories


text:
(a) Notwithstanding any other law, the state board may issue a certificate to the owner of a laboratory in a field of testing or method adopted by the federal Environmental Protection Agency pursuant to Part 136 of Title 40 of the Code of Federal Regulations, as amended September 11, 1992, as published in the Federal Register (57 FR 41830), or Part 141 of Title 40 of the Code of Federal Regulations, as amended July 17, 1992, as published in the Federal Register (57 FR 31776), and as subsequently amended and published in the Code of Federal Regulations.

(b) As a TNI-recognized accrediting body, the state board shall accept performance-based measurement system methods, when mandated methods are indicated. A fee, as specified in regulations adopted by the state board, may be charged for the review of each performance-based measurement system method.

(c) Notwithstanding any other law, the state board shall not be required to meet the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code in order to issue a certificate pursuant to subdivision (a).

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 147. (SB 1289) Effective January 1, 2019.)

article: 3. Environmental Laboratories


text: Upon the denial of an application for ELAP certification or TNI accreditation, the state board shall immediately notify the applicant or organization by certified mail, return receipt requested, of the action and the reasons for the action. The owner of a laboratory may petition for reconsideration under Section 116701.

history: (History: Repealed and added by Stats. 2017, Ch. 327, Sec. 10. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) At the time of application for ELAP certification and annually thereafter, from the date of the issuance of the certificate, a laboratory shall pay an ELAP certification fee, according to the fee schedule established by the State Water Resources Control Board pursuant to Section 100829.

(b) State and local government-owned laboratories in California performing work only in a reference capacity as a reference laboratory are exempt from the payment of the fees prescribed pursuant to Section 100829.

(c) In addition to the payment of fees authorized by Section 100829, laboratories certified or applying for certification shall pay directly to the designated proficiency testing provider the cost of the proficiency testing study.

(d) For the purpose of this section, a reference laboratory is a laboratory owned and operated by a governmental regulatory agency for the principal purpose of analyzing samples referred by another governmental regulatory agency or another laboratory for confirmatory analysis.

history: (History: Amended by Stats. 2016, Ch. 340, Sec. 26. (SB 839) Effective September 13, 2016.)

article: 3. Environmental Laboratories


text:
(a) At the time of application for TNI accreditation and annually thereafter, from the date of the issuance of the accreditation, a laboratory shall pay a TNI accreditation fee, according to the fee schedule established by the state board pursuant to Section 100829.

(b) In addition to the payment of fees authorized by Section 100829, laboratories accredited or applying for accreditation shall pay directly to the designated proficiency testing provider the cost of the proficiency testing studies.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 11. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text: The department shall appoint a multidisciplinary committee to assist, advise, and make recommendations regarding technical, scientific, and administrative matters concerning the accreditation or certification of environmental laboratories. Appointments to the committee shall be made from lists of nominees solicited by the department, and shall provide adequate representation of interested parties and environmental laboratories subject to this chapter. Subcommittees of the committee may be appointed consisting of committee members and other persons having particular knowledge of a subject area, for the purpose of assisting the department on special problems and making recommendations to the committee for consideration in the establishment of rules and regulations. The department shall determine the terms of office of appointees to the committee and any subcommittee. Members of the committee and of any subcommittee shall serve without compensation and shall pay their own expenses incurred as a result of attending meetings or engaging in any other activity pursuant to this section.

history: (History: Added by Stats. 1999, Ch. 372, Sec. 16. Effective January 1, 2000.)

article: 3. Environmental Laboratories


text:
(a) In order to carry out the purpose of this article, any duly authorized representative of the state board may do the following:

(1) Enter and inspect a laboratory that is ELAP certified or TNI accredited pursuant to this article or that has applied for ELAP certification or TNI accreditation.

(2) Inspect and photograph any portion of the laboratory, equipment, any activity, or any samples taken, or copy and photograph any records, reports, test results, or other information related solely to certification under this article or regulations adopted pursuant to this article.

(3) Require an owner of a laboratory to provide, within 15 days of receiving a request from a duly authorized representative of the state board, reports, test results, and other information required to implement this article, including, but not limited to, applicable standard operating procedures, quality control or quality assurance manuals, quality control or quality assurance data, employee qualifications, training records, or information relating to accreditation with another state or agency. The state board may require a laboratory to conduct proficiency testing in any of the laboratory’s accredited fields of testing.

(b) It shall be a misdemeanor for any person to prevent, interfere with, or attempt to impede in any way, any duly authorized representative of the state board from undertaking the activities authorized by this section.

(c) If a laboratory that is seeking ELAP certification, TNI accreditation, ELAP recertification, or TNI reaccreditation refuses entry of a duly authorized representative during normal business hours for either an announced or unannounced onsite assessment, the certification, accreditation, recertification, or reaccreditation shall be denied or revoked.

(d) Refusal of a request by a TNI approved accrediting authority, the state board, or any employee, agent, or contractor of the state board, for permission to inspect, pursuant to this section, the laboratory and its operations and pertinent records during the hours the laboratory is in operation shall result in denial or revocation of ELAP certification or TNI accreditation.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 12. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) Any laboratory that is ELAP certified or holds TNI accreditation or has applied for ELAP certification or TNI accreditation or for renewal of ELAP certification or TNI accreditation under this article shall analyze proficiency testing samples, if these testing samples are available. The state board shall have the authority to contract with third parties for the provision of proficiency testing samples for those laboratories that hold or are applying for ELAP certification. The samples shall be tested by the laboratory according to methods specifically approved for this purpose by the United States government or the state board, or alternate methods of demonstrated adequacy or equivalence, as determined by the state board. Proficiency testing sample sets shall be provided, when available, not less than twice, nor more than four times, a year to each certified laboratory that performs analyses of food for pesticide residues.

(b) (1) The state board may provide, directly or indirectly, proficiency testing samples to a laboratory for the purpose of determining compliance with this article with or without identifying the state board.

(2) When the state board identifies itself, all of the following shall apply:

(A) The results of the testing shall be submitted to the state board on forms provided by the state board on or before the date specified by the state board, and shall be used in determining the competency of the laboratory.

(B) There shall be no charge to the state board for the analysis.

(3) When the state board does not identify itself, the state board shall pay the price requested by the laboratory for the analyses.

(c) If a certified or TNI accredited laboratory submits proficiency testing sample results generated by another laboratory as its own, the certification or TNI accreditation shall be immediately revoked.

(d) Laboratories shall obtain their proficiency testing samples from proficiency testing sample providers that meet TNI standards. Laboratories shall bear the cost of any proficiency testing study fee charged for participation. Each laboratory shall authorize the providers of proficiency testing samples to release the report of the study results directly to the state board, as well as to the laboratory.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 13. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) An ELAP certified laboratory shall successfully analyze proficiency testing samples for those fields of testing for which they are certified, not less than once a year, where applicable. Proficiency testing procedures shall be approved by the United States government or by the state board.

(b) A TNI accredited laboratory shall participate in, and meet the success rate for, proficiency testing studies as required in the TNI standards.

(c) The ELAP certified or TNI accredited laboratory shall discontinue the analyses of samples for the fields of testing or subgroups which have been suspended for failure to comply with the proficiency testing requirements in this section.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 14. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text: Whenever the state board determines that any laboratory has violated or is violating this article or any certificate, regulation, or standard issued or adopted pursuant to this article, any officer or employee of the state board delegated such authority may issue an order directing compliance forthwith or directing compliance in accordance with a time schedule set by the state board. The owner of a laboratory issued an order under this section may petition for reconsideration under Section 116701.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 15. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
If the state board determines that a laboratory is in violation of this article or any regulation or order issued or adopted pursuant to this article, the state board may, in addition to suspension, denial, or revocation of the certificate or TNI accreditation, issue a citation to the owner of the laboratory. It shall be the function of the recognized accrediting authority to issue citations. The Legislature finds and declares that since TNI is a standard setting body, it cannot, as such, enforce civil or criminal penalties.

(a) The citation shall be served personally or by registered mail.

(b) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provision, order, or regulation alleged to have been violated.

(c) The citation shall fix the earliest feasible time for elimination or correction of the condition constituting the violation.

(d) Citations issued pursuant to this section shall specify a civil penalty for each violation, not to exceed one thousand dollars ($1,000), for each day that the violation occurred.

(e) If the owner fails to correct a violation within the time specified in the citation, the state board may assess a civil penalty as follows:

(1) For failure to comply with any citation issued for a violation of this article or a regulation, an amount not to exceed two hundred fifty dollars ($250) for each day that the violation continues beyond the date specified for correction in the citation.

(2) For failure to comply with any citation issued for violation of any state board-issued order, an amount not to exceed two hundred dollars ($200) for each day the violation continues beyond the date specified for correction in the citation.

(f) The owner of a laboratory issued a citation under this section or assessed a penalty under subdivision (e) may petition for reconsideration under Section 116701.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 16. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) Any person who operates a laboratory that performs work that requires certification or TNI accreditation under Section 25198, 25298.5, 78510, 110490, or 116390 of this code, or Section 13176 of the Water Code, who is not certified or TNI accredited to do so, may be enjoined from so doing by any court of competent jurisdiction upon suit by the state board.

(b) When the state board determines that any person has engaged in, or is engaged in, any act or practice that constitutes a violation of this article, or any regulation or order issued or adopted thereunder, the state board may bring an action in the superior court for an order enjoining these practices or for an order directing compliance and affording any further relief that may be required to ensure compliance with this article.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 108. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 3. Environmental Laboratories


text: Any person who operates a laboratory for the purposes specified in Section 25198, 25298.5, 78510, or 116390 of this code, or Section 13176 of the Water Code, shall report the full and complete results of all detected contamination and pollutants to the person or entity that submitted the material for testing.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 109. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 3. Environmental Laboratories


text:
(a) Any person who knowingly makes any false statement or representation in any application, record, or other document submitted, maintained, or used for purposes of compliance with this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.

(b) Any person who operates a laboratory for purposes specified pursuant to Section 25198, 25298.5, 78510, 110490, or 116390 of this code, or Section 13176 of the Water Code that requires certification, who is not certified by the department pursuant to this article, may be liable, as determined by the court, for a civil penalty not to exceed five thousand dollars ($5,000) for each separate violation or, for continuing violations, for each day that violation continues.

(c) A laboratory that advertises or holds itself out to the public or its clients as having been certified for any field of testing without having a valid and current certificate in each field of testing identified by the advertisement or other representation may be liable, as determined by the court, for a civil penalty not to exceed one thousand dollars ($1,000) or, for continuing violations, for each day that violation continues.

(d) Each civil penalty imposed for any separate violation pursuant to this section shall be separate and in addition to any other civil penalty imposed pursuant to this section or any other provision of law.

history: (History: Amended by Stats. 2022, Ch. 258, Sec. 110. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)

article: 3. Environmental Laboratories


text:
(a) Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment:

(1) Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this article.

(2) Has in his or her possession any record required to be maintained pursuant to this article that has been altered or concealed.

(3) Destroys, alters, or conceals any record required to be maintained pursuant to this article.

(4) Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the state board in writing and is required to carry out the state board’s responsibilities pursuant to this article.

(b) A second or subsequent violation of subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both that imprisonment and fine.

(c) An ELAP certified or TNI accredited laboratory, upon suspension, revocation, or withdrawal of its ELAP certification or TNI accreditation, shall do all of the following:

(1) Discontinue use of all catalogs, advertising, business solicitations, proposals, quotations, or their materials that contain reference to their past certification or accreditation status.

(2) Return its ELAP certificate or its TNI accreditation to the state board.

(3) Cease all testing of samples for regulatory purposes.

(d) The penalties cited in subdivisions (a) and (b) shall also apply to TNI accredited laboratories.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 19. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text: The remedies provided by this article are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this article shall preclude any party from obtaining additional relief based upon the same facts.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

article: 3. Environmental Laboratories


text:
The department may suspend or revoke any certificate issued under of this article for any of the following reasons:

(a) Violation by the owner of the laboratory of any of the provisions of this article or any regulation adopted under this article.

(b) Aiding, abetting, or permitting the violation of any provision of this article or regulations adopted under this article.

(c) Proof that the certificateholder or owner has made false statements in any material regard on the application for certification.

(d) Conviction of an owner of the laboratory of any crime that is substantially related to the qualifications or duties of that owner and that is related to the functions of the laboratory. For purposes of this subdivision, a “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Action to revoke or suspend the certificate may be taken when: (1) the time for appeal has elapsed, or (2) the judgment of conviction has been affirmed on appeal, or (3) when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting withdrawal of a plea of guilty and entry of a plea of not guilty, or (4) setting aside a verdict of guilty, or (5) dismissing the accusation, information, or indictment. The department shall take into account all judicial decisions on rehabilitation furnished by the owner of the laboratory.

article: 3. Environmental Laboratories


text:
(a) The state board shall revoke, in whole or in part, the accreditation of a TNI accredited laboratory for either of the following reasons:

(1) Failure to submit an acceptable corrective action report in response to a deficiency report, and failure to implement corrective action related to any deficiencies found during a laboratory assessment. The laboratory may submit two corrective actions within the time limits specified by the accrediting authority.

(2) Failure to successfully analyze and report proficiency testing sample results pursuant to TNI standards.

(b) The state board shall revoke, in whole, the accreditation of a TNI accredited laboratory for any of the following reasons:

(1) Failure to respond with a corrective action report within the required 30-day period.

(2) Failure to participate in the proficiency testing program, as required by TNI standards.

(3) Submittal of proficiency test sample results generated by another laboratory as its own.

(4) Misrepresentation of any material fact pertinent to receiving or maintaining accreditation.

(5) Denial of entry during normal business hours for an onsite assessment, as required by TNI standards.

(6) Conviction of charges for the falsification of any report of, or that relates to, a laboratory analysis.

(c) The state board may also revoke, in whole, a laboratory’s accreditation for failure to remit the accreditation fees within the time limit established by the accrediting authority.

(d) After correcting the reason or reasons for revocation, the TNI accredited laboratory may reapply for accreditation no sooner than six months from the official date of revocation.

(e) A laboratory’s TNI accreditation shall not be revoked without the right to due process, in accordance with Section 100910.

history: (History: Amended by Stats. 2017, Ch. 327, Sec. 20. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) The state board, after providing notice to the owner of the laboratory and opportunity for a hearing, may suspend or revoke an ELAP certification or TNI accreditation issued pursuant to this article. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension or revocation. If the owner submits a timely request for a hearing, the hearing shall be before the state board or a member of the state board, in accordance with Section 183 of the Water Code and the rules for adjudicative proceedings adopted under Section 185 of the Water Code. If the owner does not submit a timely request for a hearing, the state board may suspend or revoke the permit without a hearing.

(b) If the certification or accreditation at issue has been temporarily suspended pursuant to Section 100915, the notice shall be provided within 15 days of the effective date of the temporary suspension order. The hearing shall be commenced as soon as practicable, but no later than 60 days after the effective date of the temporary suspension order, unless the owner requests an extension of the 60-day period.

history: (History: Repealed and added by Stats. 2017, Ch. 327, Sec. 22. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
(a) (1) The state board may temporarily suspend, in whole or in part, ELAP certification or TNI accreditation prior to any hearing, when it has determined that this action is necessary to protect the public. The state board shall notify the owner of the temporary suspension and the effective date of the suspension. The notice shall inform the owner of the laboratory that the owner may request a hearing not later than 20 days from the date on which the notice is received, and shall contain a statement of facts and information that show a basis for the suspension.

(2) (A) If the owner submits a timely request for a hearing, the hearing shall be commenced as soon as possible but no later than 30 calendar days after receipt of the notice or 15 calendar days after the request for a hearing is submitted, whichever is later, unless the owner requests a later date for the hearing. The hearing shall deal only with the issue of whether the temporary suspension shall remain in place pending a hearing under Section 100910.

(B) The hearing shall be conducted under the rules for adjudicative proceedings adopted by the state board under Section 185 of the Water Code.

(C) The temporary suspension shall remain in effect until the hearing is completed and the state board has made a final determination on the merits under Section 100910. However, the temporary suspension shall be deemed vacated if the state board fails to make a final determination on the merits within 60 calendar days after the hearing under Section 100910 has been completed. Vacation of the temporary suspension does not deprive the state board of jurisdiction to proceed with a hearing on the merits under Section 100910.

(b) During the suspension, the laboratory shall discontinue the analysis of samples for the fields of testing specified in the notice.

history: (History: Repealed and added by Stats. 2017, Ch. 327, Sec. 24. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text: Fees and civil penalties collected under this article shall be deposited in the Environmental Laboratory Improvement Fund, that is hereby created. Moneys in the fund shall be available for expenditure by the department for the purposes of this article, upon appropriation by the Legislature.

article: 3. Environmental Laboratories


text:
(a) Within 30 days after service of a copy of a decision or order issued by the state board under this chapter, an aggrieved party may file with the superior court a petition for a writ of mandate for review of the order.

(b) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. For the purposes of subdivision (c) of Section 1094.5 of the Code of Civil Procedure, the court shall uphold the findings of the state board if those findings are supported by substantial evidence in light of the whole record.

(c) If no aggrieved party petitions for a writ of mandate within the time provided by this section, the decision or order of the state board is not subject to review by any court.

history: (History: Added by Stats. 2017, Ch. 327, Sec. 25. (AB 1438) Effective January 1, 2018.)

article: 3. Environmental Laboratories


text:
The Legislature finds and declares that:

(a) A pilot program was established by the Office of Statewide Health Planning and Development to test the feasibility of performing high quality, safe diagnostic cardiac catheterization procedures in a freestanding cardiac catheterization laboratory.

(b) Evaluation of this pilot program by the office demonstrated that it is feasible to conduct these procedures in nonhospital settings and that these laboratories maintain the quality of the diagnostic procedures while also reducing the cost of care.

(c) Based on this evaluation, it is the intent of the Legislature that those freestanding cardiac catheterization laboratories that are in active status in the pilot program be licensed.

history: (History: Added by renumbering Section 128525 by Stats. 1996, Ch. 1023, Sec. 368. Effective September 29, 1996.)

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 1. CALIFORNIA DEPARTMENT OF HEALTH SERVICES > 4. Regulation of Laboratory Services > 4. Freestanding Cardiac Catheterization Laboratories


text:
(a) Notwithstanding any other provision of law, a freestanding cardiac catheterization laboratory that as of December 31, 1993, was in active status in the Health Care Pilot Project established pursuant to former Part 1.85 (commencing with Section 444) of Division 1, and that meets the requirements specified in this section, may be licensed by the State Department of Public Health as a freestanding cardiac catheterization laboratory. The license shall be subject to suspension or revocation, or both, in accordance with Article 5 (commencing with Section 1240) of Chapter 1 of Division 2. An application for licensure or annual renewal shall be accompanied by a Licensing and Certification Program fee set in accordance with Section 1266.

(b) A laboratory granted a license pursuant to this section shall be subject to the department’s regulations that govern cardiac catheterization laboratories operating in hospitals without facilities for cardiac surgery, any similar regulations that may be developed by the department specifically to govern freestanding cardiac catheterization laboratories, and to the following regulations: subdivisions (a) and (d) of Section 70129 of; paragraphs (1), (2), (3), and (4) of subdivision (a) of, and subdivision (i) of Section 70433 of; paragraphs (1), (3), (4), and (5) of subdivision (a) of Section 70435 of; subparagraphs (A), (B), and (D) of paragraph (1) of, and paragraphs (5) and (7) of, subdivision (b) of Section 70437 of; subdivision (a) of Section 70439 of; Sections 70841, 75021, and 75022 of; subdivision (a) of Section 75023 of; Sections 75024, 75025, and 75026 of; subdivisions (a), (b), and (c) of Section 75027 of; subdivision (b) of Section 75029 of; Section 75030 of; subdivision (b) of Section 75031 of; Sections 75034, 75035, 75037, 75039, 75045, and 75046 of; subdivision (a) of Section 75047 of; and Sections 75050, 75051, 75052, 75053, 75054, 75055, 75057, 75059, 75060, 75061, 75062, 75063, 75064, 75065, 75066, 75071, and 75072 of; Title 22 of the California Code of Regulations.

(c) A laboratory granted a license pursuant to this section shall have a system for the ongoing evaluation of its operations and the services it provides. This system shall include a written plan for evaluating the efficiency and effectiveness of the health care services provided that describes the following:

(1) The scope of the services provided.

(2) Measurement indicators regarding the processes and outcomes of the services provided.

(3) The assignment of responsibility when the data from the measurement indicators demonstrates the need for action.

(4) A mechanism to ensure followup evaluation of the effectiveness of the actions taken.

(5) An annual evaluation of the plan.

(d) A laboratory granted a license pursuant to this section is authorized to perform only the following diagnostic procedures:

(1) Right heart catheterization or angiography, or both.

(2) Left heart catheterization or angiography, or both.

(3) Coronary catheterization and angiography.

(4) Electrophysiology studies.

(e) A laboratory granted a license pursuant to this section shall only perform its procedures on adults, on an outpatient basis. Each laboratory shall define patient characteristics that are appropriate for safe performance of procedures in the laboratory, and include evaluation of these criteria in its quality assurance process.

(f) Notwithstanding the requirements already set forth in this chapter, freestanding cardiac catheterization laboratories shall comply with all other applicable federal, state, and local laws.

(g) This section shall become operative on January 1, 1995, and does not require the department to adopt regulations.

history: (History: Amended by Stats. 2007, Ch. 483, Sec. 20. Effective January 1, 2008.)

article: 4. Freestanding Cardiac Catheterization Laboratories


text:
There is hereby established a California Conference of Local Health Officers. The department shall consult with the conference in establishing standards as provided in this part and may consult on other matters affecting health. The conference may consult with, advise, and make recommendations to the department, other departments, boards, commissions and officials of federal, state, and local government, the Legislature, and any other organization or association on matters affecting health. The conference shall consist of all legally appointed local health officers in the state. It shall organize, adopt bylaws, and shall annually elect officers.

Actual and necessary expenses, including any necessary registration fee, incident to attendance at not more than two meetings per year of the conference shall be a legal charge against the local governmental unit. Actual and necessary expenses incident to attendance at special meetings of the committees of the conference called by the director shall be a legal charge against any funds available for administration of this part, Section 100295, Chapter 3 (commencing with Section 101175) of Part 3, and Part 3 (commencing with Section 124300) of Division 106.

chapter: 1. Organization

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS > 1. Organization


text: Nothing in this part, Section 100295, Chapter 3 (commencing with Section 101175) of Part 3, and Part 3 (commencing with Section 124300) of Division 106 or in any regulation prescribed by the department in accordance herewith shall compel any practitioner who treats the sick by prayer in the practice of the religion of any well-recognized church, sect, denomination, or organization or any persons covered by Sections 2731 and 2800 of the Business and Professions Code to give any information about a disease or disability that is not infectious, contagious, or communicable or authorize any compulsory education, medical examination, or medical treatment.

part: 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS


text: The department shall administer this part, Section 100295, and Chapter 3 (commencing with Section 101175) of Part 3 and shall adopt necessary regulations. These regulations shall be adopted only after consultation with and approval by the California Conference of Local Health Officers. Approval of these regulations shall be by majority vote of those present at an official session.

history: (History: Amended by Stats. 2012, Ch. 23, Sec. 18. (AB 1467) Effective June 27, 2012.)

chapter: 2. General Powers and Duties

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 2. CALIFORNIA CONFERENCE OF LOCAL HEALTH OFFICERS > 2. General Powers and Duties


text: Each board of supervisors shall appoint a health officer who is a county officer.

part: 3. LOCAL HEALTH DEPARTMENTS

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 3. LOCAL HEALTH DEPARTMENTS > 1. Organization and Appointment of Health Officers


text: The county health officer shall be a graduate of a medical college of good standing and repute. His or her compensation shall be determined by the board of supervisors.

chapter: 1. Organization and Appointment of Health Officers


text: Immediately after the appointment of the health officer, the board of supervisors shall notify the director of the appointment and the name and address of the appointee.


text: The board of supervisors of each county shall take measures as may be necessary to preserve and protect the public health in the unincorporated territory of the county, including, if indicated, the adoption of ordinances, regulations and orders not in conflict with general laws, and provide for the payment of all expenses incurred in enforcing them.

article: 1. County Health Officers

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 3. LOCAL HEALTH DEPARTMENTS > 2. Powers and Duties of Local Health Officers and Local Health Departments > 1. County Health Officers


text: The sheriff of each county, or city and county, may enforce within the county, or the city and county, all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may enforce within the area subject to his or her jurisdiction all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This section is not a limitation on the authority of peace officers or public officers to enforce orders of the local health officer. When deciding whether to request this assistance in enforcement of its orders, the local health officer may consider whether it would be necessary to advise the enforcement agency of any measures that should be taken to prevent infection of the enforcement officers.

history: (History: Added by Stats. 2005, Ch. 478, Sec. 4. Effective January 1, 2006.)

chapter: 2. Powers and Duties of Local Health Officers and Local Health Departments

article: 1. County Health Officers


text:
The county health officer shall enforce and observe in the unincorporated territory of the county, all of the following:

(a) Orders and ordinances of the board of supervisors, pertaining to the public health and sanitary matters.

(b) Orders, including quarantine and other regulations, prescribed by the department.

(c) Statutes relating to public health.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996. Note: See Section 452 (from which this section is derived) as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 1. County Health Officers


text: The county health officer shall advise on medical matters any board or body vested with the management of any county pension or retirement system and shall attend the meetings of the board or body when requested by the board or body.

article: 1. County Health Officers


text:
(a) The local health officer may take any preventive measure that may be necessary to protect and preserve the public health from any public health hazard during any “state of war emergency,” “state of emergency,” or “local emergency,” as defined by Section 8558 of the Government Code, within his or her jurisdiction.

(b) “Preventive measure” means abatement, correction, removal or any other protective step that may be taken against any public health hazard that is caused by a disaster and affects the public health. Funds for these measures may be allowed pursuant to Sections 29127 to 29131, inclusive, and 53021 to 53023, inclusive, of the Government Code and from any other money appropriated by a county board of supervisors or a city governing body to carry out the purposes of this section.

(c) The local health officer, upon consent of the county board of supervisors or a city governing body, may certify any public health hazard resulting from any disaster condition if certification is required for any federal or state disaster relief program.

history: (History: Amended by Stats. 2007, Ch. 483, Sec. 20.4. Effective January 1, 2008.)

article: 1. County Health Officers


text:
(a) If the local health officer or their designee is notified of a leak in an active gas pipeline, that is within the jurisdiction of the Geologic Energy Management Division and within a sensitive area, pursuant to Section 3270.6 of the Public Resources Code and the local health officer or their designee determines that the leak poses a risk to public health or safety and that the response to the leak has been inadequate to protect the public health or safety, the local health officer or their designee shall, working collaboratively with the division and the owner or operator of the pipeline, do both of the following:

(1) Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.

(2) Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or their designee so determines.

(b) If the local health officer or their designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or their designee shall direct the responsible party to notify all residents affected by the leak.

(c) The responsible party shall be liable for the costs incurred by the local health officer or their designee pursuant to this section.

(d) Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.

history: (History: Amended by Stats. 2019, Ch. 771, Sec. 5. (AB 1057) Effective January 1, 2020.)

article: 1. County Health Officers


text:
(a) The county health officer shall, at least annually, investigate health and sanitary conditions in a county jail, publicly operated detention facility in the county, and private work furlough facility and program established pursuant to Section 1208 of the Penal Code. A private work furlough facility and program shall pay an annual fee to the county health officer commensurate with the annual cost of those investigations, as determined by the county health officer. The county health officer may make additional investigations of a county jail, private detention facility, or other detention facility of the county as they determine necessary. The county health officer shall submit a report to the Board of State and Community Corrections, the sheriff or other person in charge of the jail or detention facility, and to the board of supervisors. In a city having a health officer, the city health officer shall, at least annually, investigate health and sanitary conditions in a city jail and other detention facility. The city health officer may make additional investigations of a city jail, private detention facility, or other detention facility as they determine necessary. The city health officer shall submit a report to the Board of State and Community Corrections, the person in charge of the jail or detention facility, and to the city governing body.

(b) Whenever requested by the sheriff, the chief of police, local legislative body, or the Board of State and Community Corrections, but not more often than twice annually, the county health officer or, in cities having a city health officer, the city health officer, shall investigate health and sanitary conditions in a jail or detention facility described in this section, and submit a report to each of the officers and agencies authorized in this section to request the investigation and to the Board of State and Community Corrections.

(c) The investigating officer shall determine if the food, clothing, and bedding is of sufficient quantity and quality that at least shall equal minimum standards and requirements prescribed by the Board of State and Community Corrections for the feeding, clothing, and care of prisoners in local jails and detention facilities, and if the sanitation requirements required by Article 1 (commencing with Section 114250) of Chapter 8 of Part 7 of Division 104 for restaurants have been maintained.

(d) For purposes of this section, “private detention facility” has the same meaning as in Section 7320 of the Government Code.

history: (History: Repealed and added by Stats. 2024, Ch. 183, Sec. 2. (SB 1132) Effective January 1, 2025.)

article: 1. County Health Officers


text:
(a) The county health officer shall prepare a list of family planning and birth control clinics located in the county for distribution by the county clerk pursuant to Section 26808 of the Government Code. The list shall include information about the availability of pregnancy testing services provided pursuant to Section 123380.

(b) This section shall be inoperative from July 1, 1993, to June 30, 1994, inclusive.

article: 1. County Health Officers


text:
(a) The county health officer shall furnish all hospitals within the county, and all physicians and surgeons upon request, copies of the list prepared pursuant to Section 101050 in sufficient numbers as they may need for voluntary distribution to patients.

(b) This section shall be inoperative from July 1, 1993, to June 30, 1994, inclusive.

article: 1. County Health Officers


text: The county health officer may designate a nonprofit food distribution agency to coordinate and facilitate the donation of food and food products to nonprofit, charitable corporations, from available sources, including restaurants, grocery stores, or food distributors.

article: 1. County Health Officers


text:
(a) (1) The Legislature hereby finds and declares that the dispensing or furnishing of drugs requiring a prescription pursuant to Section 11470, a controlled substance as defined in Section 4021 of the Business and Professions Code, or a dangerous drug or a dangerous device as defined in Section 4022 of the Business and Professions Code, without a license poses a significant threat to the public health, safety, and welfare of all residents of the state. In recent years, the public has become increasingly exposed to a proliferation of persons who engage in these illegal or dangerous acts.

(2) The Legislature further finds and declares that extraordinary measures are needed to control this burgeoning problem. Therefore, the occasional enlistment of local health officers in regulatory and enforcement functions normally reserved to the state is appropriate and necessary in order to protect the health, safety, and welfare of all persons of this state.

(3) Notwithstanding the foregoing, nothing contained in this section shall be construed as limiting or supplanting the authority of the state agencies charged with the regulation of the practice of pharmacy.

(b) Whenever a local health officer determines that there exists in his or her jurisdiction any person who, without a license, is dispensing or furnishing drugs requiring a prescription pursuant to Section 111470, a controlled substance as defined in Section 4021 of the Business and Professions Code, or a dangerous drug or a dangerous device as defined in Section 4022 of the Business and Professions Code, the local health officer may take action against such person. This action shall include, but not be limited to:

(1) Receiving and investigating complaints from the public, from other licensees or from health care facilities that a person is engaging in any or all of the activity set forth in this subdivision. In conducting any investigation pursuant to this paragraph, the local health officer shall have the assistance of, and be accompanied by, a licensed pharmacist. The local health officer shall provide the Board of Pharmacy, and any other state agency charged with jurisdiction over the activity set forth in this subdivision, with a copy of all complaints received pursuant to this paragraph.

(2) Issuing an order to the person to immediately cease and desist from the unlawful activity described in this subdivision, after confirming that the person is engaging in any or all of the activity set forth in this subdivision, and determining that the person has not been convicted of engaging in that activity pursuant to Section 11352.1 or any other applicable provision of law. In issuing the order, the local health officer shall notify the person that the activity is illegal in the State of California. In the event the local health officer determines that any or all of the items described in this subdivision must be confiscated, in addition to the cease and desist order, the local health officer shall enlist the aid of local law enforcement to execute confiscation of those items.

(3) Order the closure of the business, if any, operated, managed, or owned by the person after confirming that the person is engaging in any or all of the activity set forth in this subdivision, and determining whether the person has previously been convicted of engaging in that activity pursuant to Section 11352.1 or any other applicable provision of law. If the public health officer has a reasonable suspicion that the operation of a business poses an immediate threat to public health, welfare, or safety, the business may be ordered closed immediately while the hearing described in subdivision (c) is pending. Immediate danger to the public health, welfare, or safety includes, but is not limited to, evidence that the person is providing, selling, or distributing drugs that require a prescription, or dangerous drugs, devices, or controlled substances without a license. In the event that the local health officer determines that any or all of the items described in this subdivision must be confiscated in addition to the closure of the business, that officer shall enlist the aid of local law enforcement to execute the confiscation of those items.

(c) (1) Any person engaging in any or all of the activity described in subdivision (b) whose business is closed as a result of action by local health officer pursuant to subdivision (b) shall be entitled to a hearing to show cause why the closure was unwarranted.

(2) Whenever a local health officer orders the closure of a business pursuant to subdivision (b), the local health officer shall immediately issue to the owner a notice setting forth the acts or omissions with which the owner is charged, specifying the pertinent code section, and informing the owner of the right to a hearing, if requested, to show cause why the business should not be closed.

(3) A written request for a hearing shall be submitted by the person to the local health officer within 15 calendar days of closure. A failure to request a hearing within 15 calendar days of closure shall be deemed a waiver of the right to a hearing.

(4) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing; however, when circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the hearing process. Upon written request of the person, the hearing officer may postpone any hearing date, if circumstances warrant the postponement.

(5) The hearing officer shall issue a written notice of decision to the person within five working days following the hearing. In the event the hearing officer determines that the closure was warranted, the notice shall specify the acts or omissions with which the person is charged, and shall state that the business shall remain closed permanently. Evidence that the person engaged in any or all of the activity set forth in subdivision (b) shall constitute prima facie evidence that permanent closure is warranted. Any business still operating shall close immediately upon receipt of the written decision ordering closure.

history: (History: Amended by Stats. 2000, Ch. 350, Sec. 2. Effective September 8, 2000.)

article: 1. County Health Officers


text:
As used in this article:

(a) “Hazardous waste” means a waste, or combination of wastes, that because of its quantity, concentration, or physical, chemical, or infectious characteristics may do any of the following:

(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

(b) “Waste” means either of the following:

(1) Any material for which no use or reuse is intended and that is to be discarded.

(2) Any material that spills, escapes, or is released from any manufacturing, industrial, commercial, or other plant, facility, or process, or that escapes or is released during the transporting or transferring from one place to another, or during the pumping, processing, storing, or packaging of any material in, to, or from such a plant, facility, or process, or that enters or may enter an uncontained air space or a surface water course that is not totally contained on the contiguous property of the plant, facility, or process, or which enters, or may enter, the groundwater underlying such plant, facility, or process.

article: 2. Local Health Emergencies

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 3. LOCAL HEALTH DEPARTMENTS > 2. Powers and Duties of Local Health Officers and Local Health Departments > 2. Local Health Emergencies


text: Whenever a release, spill, escape, or entry of waste occurs as described in paragraph (2) of subdivision (b) of Section 101075 and the director or the local health officer reasonably determines that the waste is a hazardous waste or medical waste, or that it may become a hazardous waste or medical waste because of a combination or reaction with other substances or materials, and the director or local health officer reasonably determines that the release or escape is an immediate threat to the public health, or whenever there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease, chemical agent, noncommunicable biologic agent, toxin, or radioactive agent, the director may declare a health emergency and the local health officer may declare a local health emergency in the jurisdiction or any area thereof affected by the threat to the public health. Whenever a local health emergency is declared by a local health officer pursuant to this section, the local health emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the board of supervisors, or city council, whichever is applicable to the jurisdiction. The board of supervisors, or city council, if applicable, shall review, at least every 30 days until the local health emergency is terminated, the need for continuing the local health emergency and shall proclaim the termination of the local health emergency at the earliest possible date that conditions warrant the termination.

history: (History: Amended by Stats. 2018, Ch. 990, Sec. 4. (AB 2238) Effective January 1, 2019.)

article: 2. Local Health Emergencies


text:
(a) The local health officer may issue, and first responders may execute, an order authorizing first responders to immediately isolate exposed individuals that may have been exposed to biological, chemical, toxic, or radiological agents that may spread to others. An order issued pursuant to this section shall not be in effect for a period longer than two hours and shall only be issued if the means are both necessary and the least restrictive possible to prevent human exposure.

(b) Before any implementation of the authority in subdivision (a), the local health officer shall establish a related memorandum of understanding with first responders in his or her jurisdiction that shall require consultation with the Office of Emergency Services operational area coordinator, consistent with the standardized emergency management system established pursuant to Section 8607 of the Government Code, and shall include where and how exposed subjects will be held pending decontamination in the local jurisdiction. That memorandum of understanding shall be made available to the public.

(c) A violation of an order issued by the local health officer and executed by a first responder pursuant to subdivision (a) is a misdemeanor, punishable by a fine of up to one thousand dollars ($1000), or by imprisonment in the county jail for a period of up to 90 days, or by both.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 384. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

article: 2. Local Health Emergencies


text:
(a) After the declaration of a health emergency or a local health emergency pursuant to Section 101080, the director or local health officer may do any or all of the following:

(1) Only in the case of a release, spill, escape, or entry of waste as described in paragraph (2) of subdivision (b) of Section 101075, require any person or organization that the director or local health officer shall specify to furnish any information known relating to the properties, reactions, and identity of the material that has been released, spilled, or escaped. The director or local health officer may require information to be furnished, under penalty of perjury, by the person, company, corporation, or other organization that had custody of the material, and, if the material is being transferred or transported, by any person, company, corporation, or organization that caused the material to be transferred or transported. This information shall be furnished to the director or local health officer upon request in sufficient detail, as determined by the director or local health officer, as required to take any action necessary to abate the health emergency or local health emergency or protect the health of persons in the jurisdiction, or any area thereof, who are, or may be affected. However, the burden, including costs, of furnishing the information shall bear a reasonable relationship to the need for the information and the benefits to be obtained therefrom.

(2) Provide the information, or any necessary portions thereof, or any other necessary information available to the director or local health officer to state or local agencies responding to the health emergency or local health emergency or to medical and other professional personnel treating victims of the local health emergency.

(3) Sample, analyze, or otherwise determine the identifying and other technical information relating to the health emergency or local health emergency as necessary to respond to or abate the local health emergency and protect the public health.

(b) After the declaration of a local health emergency by the local health officer pursuant to Section 101080, the following shall apply in the jurisdiction in which the local health emergency has been declared:

(1) Other political subdivisions have full power to provide mutual aid to any area affected by a local health emergency in accordance with local ordinances, resolutions, emergency plans, or agreements therefor.

(2) State agencies may provide mutual aid, including personnel, equipment, and other available resources, to assist political subdivisions during a local health emergency or in accordance with mutual aid agreements or at the direction of the Governor.

(3) In the absence of a state of war emergency or state of emergency, the cost of extraordinary services incurred by political subdivisions in executing mutual aid agreements in a local health emergency shall constitute a legal charge against the state when approved by the Governor in accordance with orders and regulations promulgated as prescribed in Section 8567 of the Government Code.

(c) Under this section, a local health emergency shall be considered a local emergency for purposes of Section 8659 of the Government Code.

(d) This section does not limit or abridge any of the powers or duties granted to the State Water Resources Control Board and to each regional water quality control board by Division 7 (commencing with Section 13000) of the Water Code. This section also does not limit or abridge the powers or duties granted to the State Air Resources Board or to any air pollution control district by Division 26 (commencing with Section 39000).

This section does not limit or abridge any of the powers or duties granted to the Director of Food and Agriculture or to any county agricultural commissioner by Division 6 (commencing with Section 11401) or by Division 7 (commencing with Section 12501) of the Food and Agricultural Code.

history: (History: Amended by Stats. 2006, Ch. 874, Sec. 5. Effective January 1, 2007.)

article: 2. Local Health Emergencies


text:
(a) For purposes of this section, the terms “handler,” “administering agency,” “hazardous material,” “release,” and “threatened release” shall have the meaning given in Section 25501.

(b) After a release or a threatened release of a hazardous material from the premises of a handler, which release or threatened release poses a significant present or potential hazard to human health and safety, property, or the environment, the board of supervisors may delegate to the county health officer or administering agency, the responsibility to examine any individual who has been properly subpoenaed by the chairperson of the board of supervisors for the purpose of obtaining information as to the cause of the incident, and to report to the board of supervisors what actions the board of supervisors should take to prevent a similar incident from occurring again. The county health officer or administering agency shall consider in the report any information obtained pursuant to subdivision (g) and respond to that information in the report. The county health officer or administering agency may examine the subpoenaed individual in private, except that the individual may choose to be interviewed in the presence of personal legal counsel.

(c) Prior to issuing a subpoena for purposes of subdivision (b), the board of supervisors shall make a written finding that the county health officer or administering agency has made a reasonable attempt to conduct a voluntary examination, and that the attempt was not successful.

(d) If the board of supervisors delegates the responsibility to examine any subpoenaed individual to the county health officer pursuant to subdivision (b) and the county health officer is not the administering agency within the jurisdiction where the hazardous material release or threatened release occurred, the county health officer shall actively involve the administering agency in all phases of the examination, the investigation to determine the cause of the hazardous material release or threatened release, and the preparation of the report to the board of supervisors concerning what actions the board of supervisors should take to prevent a similar incident from occurring.

(e) (1) If a handler subject to a subpoena believes that information provided to the county health officer or administering agency during, or in connection with, an examination conducted pursuant to this section involves the release of a trade secret, the handler shall notify the county health officer or administering agency in the manner specified in subdivision (a) of Section 25538. Upon receipt of that notification, the county health officer or administering agency shall handle that information in the same manner as specified in Section 25538 with regard to the review and disclosure of that information by an administering agency.

(2) For purposes of this subdivision, “trade secret” has the same meaning as defined in subdivision (a) of Section 25538.

(f) When the county health officer or administering agency is preparing a report for the board of supervisors pursuant to subdivision (b), the handler subject to the subpoena may submit to the health officer or administering agency any information and analysis gathered or prepared by the handler regarding the cause of the release or threatened release and any appropriate action for the prevention of a similar incident. The health officer or administering agency shall consider any information and analyses submitted by the handler pursuant to this subdivision in preparing the report to the board of supervisors and shall respond to that information in the report.

(g) Nothing in this section shall be construed to either limit or expand the existing subpoena authority of a county board of supervisors pursuant to Section 25170 of the Government Code.

history: (History: Added by Stats. 1999, Ch. 925, Sec. 1. Effective January 1, 2000.)

article: 2. Local Health Emergencies


text: When requested by the person furnishing the information furnished pursuant to Section 101085, the portions of the information that might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in abatement of the health emergency or county health emergency and in judicial review or enforcement proceedings involving the person furnishing the information.

history: (History: Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

article: 2. Local Health Emergencies


text: Any person failing or refusing to furnish technical, toxicological, or other information required pursuant to Section 101085, or falsifying any information provided pursuant to Section 101085 is guilty of a misdemeanor and is also subject to any other criminal or civil penalties provided by statute.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 301.9. Effective September 29, 1996.)

article: 2. Local Health Emergencies


text: The governing body of a city may employ one or more public health nurses, each of whom shall be a registered nurse possessing qualifications prescribed by the department on the date of his or her employment.

article: 3. Public Health Nurses

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 3. LOCAL HEALTH DEPARTMENTS > 2. Powers and Duties of Local Health Officers and Local Health Departments > 3. Public Health Nurses


text: The public health nurse shall attend to matters pertaining to the health and sanitary conditions of the city as the governing body may assign. Compensation for the public health nurse shall be determined by that body.

article: 3. Public Health Nurses


text: The board of supervisors in each county may employ one or more public health nurses, each of whom shall be a registered nurse possessing qualifications prescribed by the department on the date of employment.

article: 3. Public Health Nurses


text: The public health nurse shall attend to matters pertaining to the health and sanitary conditions of the county as the board of supervisors may assign. Compensation for the public health nurse shall be determined by that board.

article: 3. Public Health Nurses


text: The governing body of a city may employ one or more dentists or dental hygienists, each of whom shall be a licensed dentist or dental hygienist.

article: 4. Dental Professionals

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 3. LOCAL HEALTH DEPARTMENTS > 2. Powers and Duties of Local Health Officers and Local Health Departments > 4. Dental Professionals


text: The dentist or dental hygienist shall attend to dental conditions of the city as the governing body may assign. Compensation for the dentist or dental hygienist shall be determined by that body.

article: 4. Dental Professionals


text: The board of supervisors in each county may employ one or more dentists or dental hygienists, each of whom shall be a licensed dentist or dental hygienist.

article: 4. Dental Professionals


text: The dentist or dental hygienist shall attend to dental conditions of the county, as the board of supervisors may assign. Compensation for the dentist or dental hygienist shall be determined by that board.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 302. Effective September 29, 1996.)

article: 4. Dental Professionals


text: For the purpose of protecting the community and the public health, the local health department of a city or county shall have available the services of a public health laboratory for the examination of specimens from suspected cases of infectious and environmental diseases, that may include, but need not be limited to, the examination of specimens from milk, milk products, waters, food products, vectors, and the environment. The public health laboratory shall also provide the analyses required to assist in community disease surveillance and to meet the responsibilities and support the programs of the local health department.

history: (History: Added by Stats. 1996, Ch. 1023, Sec. 302.1. Effective September 29, 1996.)

article: 5. Municipal and County Laboratories

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 3. LOCAL HEALTH DEPARTMENTS > 2. Powers and Duties of Local Health Officers and Local Health Departments > 5. Municipal and County Laboratories


text: The cost of establishment and maintenance of the public health laboratory is a legal expenditure from any city or county funds that are for disbursement under the direction of the city or county health officer to protect public health.

article: 5. Municipal and County Laboratories


text:
(a) Any city or county public health laboratory established for the purposes set forth in this chapter and its personnel shall be approved by the State Department of Health Services and shall comply with the requirements of CLIA.

(b) For purposes of this section, “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a; P.L. 100-578) and the regulations adopted thereunder by the federal Health Care Financing Administration and effective on January 1, 1994, or any later date, when adopted in California pursuant to subdivision (b) of Section 1208 of the Business and Professions Code.

history: (History: Amended by Stats. 1998, Ch. 768, Sec. 2. Effective January 1, 1999.)

article: 5. Municipal and County Laboratories


text:
(a) A person may perform an analysis of samples to test for SARS-CoV-2, the virus that causes COVID-19, in any city or county public health laboratory if they meet the requirements under the Clinical Laboratory Improvement Amendments in Section 493.1489 of Title 42 of the Code of Federal Regulations for high complexity testing.

(b) This section shall remain in effect only until July 1, 2028, and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 276, Sec. 4. (AB 1341) Effective September 30, 2023. Repealed as of July 1, 2028, by its own provisions.)

article: 5. Municipal and County Laboratories


text: Nothing in this article, or any other provision of law, shall be construed to restrict, limit, or prevent individuals certified under authority of this part or Article 1 (commencing with Section 106600) of Chapter 4 of Part 1 of Division 104 from performing their duties for the protection of the public health.

article: 5. Municipal and County Laboratories


text:
The rapid increase in the population of the state and the increasing industrialization in both the urban and rural areas necessitate the provision of effective public health services to all the people of the state.

In many areas within the state local health departments lack the necessary funds, and the local population lack the means to furnish funds, to provide effective public health services.

The Legislature therefore seeks to further the provision of necessary public health services by granting financial assistance to local health departments thus enabling them to meet present and future health needs in an efficient and effective manner. The funds granted are to augment local appropriations provided for public health purposes, and shall not be used to replace local appropriations.

The administrative pattern providing public health services to all the people of the state will vary in different areas. It is generally recognized that the minimum population necessary for efficient administration of a local health department is approximately 50,000. To attain this desirable population minimum it will be necessary in some areas for two or more counties to unite and establish a single administrative public health jurisdiction.

article: 1. Definitions and General Policy

path: 101. ADMINISTRATION OF PUBLIC HEALTH > 3. LOCAL HEALTH DEPARTMENTS > 3. State Aid for Local Health Administration > 1. Definitions and General Policy


text: “Population,” for the purpose of this chapter, shall be determined by the most recent United States decennial census; provided, however, whenever it appears to the department that the population of any city or county, changed sufficiently to warrant adjustment, the department for purposes of this chapter may request the Demographic Research Unit of the Department of Finance to determine the population for cities or counties.

history: (History: Amended by Stats. 2019, Ch. 29, Sec. 121. (SB 82) Effective June 27, 2019.)

chapter: 3. State Aid for Local Health Administration

article: 1. Definitions and General Policy