State Codes and Statutes

Statutes > California > Hsc > 131050-131135

HEALTH AND SAFETY CODE
SECTION 131050-131135



131050.  (a) As set forth in this article, the State Department of
Public Health shall succeed to and be vested with all the duties,
powers, purposes, functions, responsibilities, and jurisdiction of
the former State Department of Health Services as they relate to
public health, licensing and certification of health facilities, and
any other functions performed immediately preceding the operative
date of this section by, or under the supervision of, all of the
following:
   (1) The Deputy Director for Prevention Services of the former
State Department of Health Services, excluding the Office of Clinical
Preventive Medicine.
   (2) The Deputy Director for Licensing and Certification.
   (3) The Deputy Director for Health Information and Strategic
Planning.
   (4) The Deputy Director for Public Health Emergency Preparedness.
   (5) The California Conference of Local Health Officers.
   (6) The Deputy Director for Primary Care and Family Health as
follows: Maternal, Child and Adolescent Health as set forth in Part 2
excluding Articles 5, 5.5, 6, and 6.5 of Chapter 3, Part 3, Part 5
excluding Articles 1 and 2 of Chapter 2, Part 7 and Part 8, of
Division 106.
   (b) It is the intent of the Legislature that, in implementing this
article, the duties, powers, purposes, and responsibilities
transferred to the State Department of Public Health shall include
those formerly performed by the programs of the former State
Department of Health Services set forth in this article, provided,
however, that nothing in this article shall be construed to require
that the State Department of Public Health be organized according to
programs described in this article, or to limit the authority or
discretion of the State Public Health Officer pursuant to Section
11152 of the Government Code to organize the State Department of
Public Health, unless that organization is otherwise required by law.
Nothing in this article shall be construed to require that the State
Department of Public Health maintain, or refrain from terminating,
any program described in this article except to the extent that
maintenance of the program is otherwise required by law. Nothing in
this article shall be construed to limit or expand the authority of
any program described in this article.



131051.  The duties, powers, functions, jurisdiction, and
responsibilities transferred to the State Department of Public Health
shall, pursuant to the act that added this section, include all of
the following previously performed by the former State Department of
Health Services:
   (a) Under the jurisdiction of the Deputy Director for Prevention
Services:
   (1) The Office of AIDS, including but not limited to:
   (A) The AIDS Drug Assistance Program (Chapter 6 (commencing with
Section 120950) of Part 4 of Division 105).
   (B) The AIDS Early Intervention Program (Chapter 4 (commencing
with Section 120900) of Part 4 of Division 105).
   (C) The CARE Services Program, provided for pursuant to the
federal Ryan White CARE Act, 42 U.S.C. Section 300ff.
   (D) The CARE/Health Insurance Premium Payment Program (federal
Ryan White CARE Act, 42 U.S.C. Sec. 300ff).
   (E) The Housing Opportunities for Persons with AIDS Program
(Section 100119).
   (F) The Residential AIDS Licensed Facilities Program (former
Section 100119; Chapter 2 (commencing with Section 120815) of Part 4
of Division 105).
   (G) The AIDS Case Management Program (federal Ryan White CARE Act,
42 U.S.C. Sec. 300ff; Chapter 2 (commencing with Section 120815) of
Part 4 of Division 105).
   (H) The AIDS Medi-Cal Waiver Program (former Section 100119; 42
U.S.C. Sec. 1396n(c)).
   (I) The Bridge Project (former Section 100119).
   (J) The HIV Therapeutic Monitoring Program (Chapter 16 (commencing
with Section 121345) of Part 4 of Division 105).
   (K) The Learning Immune Function Enhancement program (former
Section 100119).
   (L) The San Ysidro Prevention Project (Section 113019).
   (M) The California Statewide Treatment Education Program (former
Section 100119).
   (N) The HIV Counseling and Testing Program (Section 113019).
   (O) The Neighborhood Intervention Geared Toward High-Risk Testing
program (former Section 100119).
   (P) The Perinatal Transmission Prevention Project (Section
113019).
   (Q) The California AIDS Clearinghouse (Section 113019).
   (R) The California Disclosure Assistance and Partner
Services/Partner Counseling and Referral Services (Section 113019).
   (S) The African-American HIV Initiative (Section 113019; Chapter
13.7 (commencing with Section 120290) of Part 4 of Division 105).
   (T) The Injection Drug User HIV Testing Utilizing Hepatitis C
Testing High-Risk Initiative (Section 113019).
   (U) The Prevention with Positives High-Risk Initiative (Section
113019).
   (V) The Statewide Technical Assistance Initiatives (Section
113019).
   (W) The HIV/AIDS Case Registry (Sections 113019, 120125, and
120130).
   (2) The Office of Binational Border Health, including, but not
limited to, all of the following:
   (A) The California-Mexico Health Initiative (Part 3 (commencing
with Section 475) of Division 1).
   (B) The Early Warning Infectious Disease Surveillance Program
(Chapter 2 (commencing with Section 1250) of Division 2; Chapter 2
(commencing with Section 120130) of Part 1 of Division 105).
   (3) The Division of Communicable Disease Control, including, but
not limited to, all of the following:
   (A) The Infant Botulism Treatment and Prevention Program (Article
2.5 (commencing with Section 123700) of Chapter 3 of Part 2 of
Division 106).
   (B) The Sexually Transmitted Disease Control Program (Part 3
(commencing with Section 120500) of Division 105).
   (C) The Infectious Disease Program (Chapter 2 (commencing with
Section 120130) of Part 1 of Division 105).
   (D) The Bioterrorism Epidemiology Program.
   (E) The Vector Borne Disease (Part 11 (commencing with Section
116100) of Division 104).
   (F) The Tuberculosis Control Program (Part 5 (commencing with
Section 121350) of Division 105).
   (G) The Microbial Diseases Laboratory (Chapter 2 (commencing with
Section 100250) of Division 101).
   (H) The Viral and Rickettsial Disease Laboratory (Chapter 2
(commencing with Section 100250) of Division 101).
   (I) The West Nile Human Surveillance Program (Chapter 2
(commencing with Section 116110) of Part 11 of Division 104).
   (J) The Immunization Program (Part 2 (commencing with Section
120325) of Division 105).
   (K) The Vaccines for Children Program (Part 2 (commencing with
Section 120325) of Division 105).
   (4) The Division of Chronic Disease and Injury Control, including,
but not limited to, all of the following:
   (A) The IMPACT Prostate Cancer Treatment Program (Chapter 7
(commencing with Section 104322) of Part 1 of Division 103).
   (B) The Every Woman Counts program (Breast and Cervical Cancer
Screening Program) (Article 1.3 (commencing with Section 104150) of
Chapter 2 of Part 1 of Division 103; Section 30461.6 of the Revenue
and Taxation Code).
   (C) The Well-Integrated Screening and Evaluation for Women Across
the Nation Demonstration Project (Article 1.3 (commencing with
Section 104150) of Chapter 2 of Part 1 of Division 103).
   (D) The California Nutrition Network (Chapter 2 (commencing with
Section 104575) of Part 3 of Division 103).
   (E) The Cancer Research Program (Article 2 (commencing with
Section 104175) of Chapter 2 of Part 1 of Division 103).
   (F) The Translational Cancer Research and Technology Transfer
Program (Article 2 (commencing with Section 104175) of Chapter 2 of
Part 1 of Division 103).
   (G) The Ken Maddy California Cancer Registry (Chapter 2
(commencing with Section 103875) of Part 2 of Division 102).
   (H) The California Osteoporosis Prevention and Education Program
(Chapter 1 (commencing with Section 125700) of Part 8 of Division
106).
   (I) The Preventive Health Care for the Aging Program (Part 4
(commencing with Section 104900) of Division 103).
   (J) The California Arthritis Prevention Program (former Section
100185).
   (K) The Office of Oral Health (Chapter 3 (commencing with Section
104750) of Part 3 of Division 103).
   (L) The Children's Dental Disease Prevention Program (Article 3
(commencing with Section 104770) of Chapter 3 of Part 3 of Division
103).
   (M) The Community Water Fluoridation Program (Article 3.5
(commencing with Section 116409) of Chapter 4 of Part 12 of Division
104).
   (N) The California Asthma Public Health Initiative (Chapter 6.5
(commencing with Section 104316) of Part 1 of Division 103).
   (O) The California Obesity Prevention Initiative (Chapter 2
(commencing with Section 104575) of Part 3 of Division 103).
   (P) The School Health Connections program (Chapter 2 (commencing
with Section 104575) of Part 3 of Division 103).
   (Q) The California Project LEAN (Chapter 2 (commencing with
Section 104575) of Part 3 of Division 103).
   (R) The California Center for Physical Activity (Section 131085).
   (S) The California Diabetes Program (Section 131085).
   (T) The Preventive Medicine Residency Program (Section 131090).
   (U) The California Epidemiologic Investigation Service (Article 4
(commencing with Section 100325) of Chapter 2 of Part 1 of Division
101).
   (V) The Continuing Professional Education Program (Section
131090).
   (W) The Injury Surveillance and Epidemiology Program (Part 2
(commencing with Section 104325) of Division 103).
   (X) The State and Local Injury Control Program (Chapter 1
(commencing with Section 104325) of Part 2 of Division 103).
   (Y) The Office on Disability and Health (former Section 100185).
   (Z) The Alzheimer's Disease Program (Article 4 (commencing with
Section 125275) of Chapter 2 of Part 5 of Division 106).
   (AA) The California Tobacco Control Program (Chapter 1 (commencing
with Section 104350) of Part 3 of Division 103).
   (5) The Division of Drinking Water and Environmental Management,
including, but not limited to, all of the following:
   (A) The Medical Waste Management Program (Part 14 (commencing with
Section 117600) of Division 104).
   (B) The Department of Defense Oversight Program (Radiologic
Guidance and Approvals) (Part 9 (commencing with Section 114650) of
Division 104).
   (C) The Nuclear Emergency Response Program (Part 9 (commencing
with Section 114650) of Division 104).
   (D) The Institutions Program (Environmental Surveys) (Article 5
(commencing with Section 116025) of Chapter 5 of Part 10 of Division
104).
   (E) The Drinking Water Field Management program (Chapter 4
(commencing with Section 116270) of Part 12 of Division 104).
   (F) The Environmental Health Specialist Registration Program
(Article 1 (commencing with Section 106600) of Chapter 4 of Part 1 of
Division 104).
   (G) The Sanitation and Radiation Laboratory (Article 2 (commencing
with Section 100250) of Chapter 2 of Part 1 of Division 101);
Chapter 4 (commencing with Section 116270) of Part 12 of Division
104).
   (H) The Radon Program (Chapter 7 (commencing with Section 105400)
of Part 5 of Division 103; Chapter 4 (commencing with Section 116270)
of Part 12, and Article 2 (commencing with Section 106750) of
Chapter 4 of Part 1, of Division 104).
   (I) The Shellfish Sanitation Program (Chapter 5 (commencing with
Section 112150) of Part 6 of Division 104).
   (J) The Ocean Beach Safety Programs (Article 2 (commencing with
Section 115875) of Chapter 5 of Part 10 of Division 104).
   (K) The Bioterrorism Planning and Response for Drinking Water,
Medical Waste, and Environmental Health program (Article 6
(commencing with Section 101315) of Chapter 3 of Part 3 of Division
101).
   (L) The Safe Drinking Water State Revolving Fund (Chapter 4.5
(commencing with Section 116760) of Part 12 of Division 104).
   (M) The Drinking Water Technical Programs (Chapter 4 (commencing
with Section 16270) of Part 12 of Division 104; Chapter 4.5
(commencing with Section 116760) of Part 12 of Division 104; Article
3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division
104; Chapter 5 (commencing with Section 116775) of Part 12 of
Division 104; Chapter 5 (commencing with Section 115825) of Part 10
of Division 104; Chapter 7 (commencing with Section 13500) of
Division 7 of the Water Code; Section 13411 of the Water Code).
   (N) The Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 (Proposition 50) (Division 26.5 (commencing
with Section 79500) of the Water Code).
   (6) The Division of Environmental and Occupational Disease
Control, including, but not limited to, all of the following:
   (A) The California Birth Defect Monitoring Program (Chapter 1
(commencing with Section 103825) of Part 2 of Division 102).
   (B) The Childhood Lead Poisoning Prevention Program (Chapter 5
(commencing with Section 105275) of Part 5 of Division 103; Article 7
(commencing with Section 124125) of Chapter 3 of Part 2 of Division
106.
   (C) The Lead Related Construction Program (Chapter 4 (commencing
with Section 105250) of Part 5 of Division 103).
   (D) The Epidemiology Studies Laboratory (Sections 25416, former
Section 100170, Section 100325, and Section 104324.25).
   (E) The Center for Autism and Developmental Disabilities Research
and Epidemiology (former Section 100170).
   (F) The Cancer Cluster/Environmental Investigations (former
Section 100170).
   (G) The Toxic Mold Program (Chapter 18 (commencing with Section
26100) of Division 20).
   (H) The Federal Agency for Toxic Substances and Disease Registry
Health Assessments, Education and Investigations program (former
Section 100170).
   (I) The Fish Contamination Outreach and Education program (former
Section 100170).
   (J) The Air Pollution and Cardiovascular Disease in the California
Teachers Study Cohort Project (former Section 100170).
   (K) The Delta Watershed Fish Project (outreach, education, and
training to reduce exposures to mercury in fish) (former Section
100170).
   (L) The Environmental Health Laboratory (former Section 100170;
Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of
Division 101).
   (M) The Indoor Air Quality program (Chapter 7 (commencing with
Section 105400) of Part 5 of Division 103).
   (N) The Outdoor Air Quality program (Section 60.9 of the Labor
Code).
   (O) The Laboratory Response Network for Chemical Terrorism program
(former Section 100170; Article 2 (commencing with Section 100250)
of Chapter 2 of Part 1 of Division 101).
   (P) The Air Quality and Human Monitoring Support Program (former
Section 100170).
   (Q) The Hazard Evaluation System and Information Service Program
(Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of
Division 103; Section 147.2 of the Labor Code).
   (R) The Occupational Health Surveillance and Evaluation Program
(Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of
Division 103).
   (S) The Occupational Lead Poisoning Prevention Program (Article 2
(commencing with Section 105185) of Chapter 2 of Part 5 of Division
103).
   (T) The Occupational Blood Lead Registry (Article 2 (commencing
with Section 105185) of Chapter 2 of Part 5 of Division 103).
   (7) The Division of Food, Drug and Radiation Safety, including,
but not limited to, all of the following:
   (A) The Drug Licensing Program (Article 6 (commencing with Section
111615) of Chapter 6 of Part 5 of Division 104).
   (B) The Consumer Product Safety Program (Part 3 (commencing with
Section 108100) of Division 104).
   (C) The Export Program (Article 2 (commencing with Section 110190)
of Chapter 2 of Part 5 of Division 104).
   (D) The Food Safety Inspection Program (Part 5 (commencing with
Section 109875) and Part 6 (commencing with Section 111940) of
Division 104).
   (E) The Foodborne Illness and Tampering Emergency Response Program
(Part 5 (commencing with Section 109875) of Division 104).
   (F) The Retail Food Safety Program (Part 7 (commencing with
Section 113700) of Division 104).
   (G) The Food Safety Industry Education and Training Program
(pursuant to Section 110485).
   (H) The Medical Device Licensing Program (Article 6 (commencing
with Section 111615) of Chapter 6 of Part 5 of Division 104).
   (I) The Medical Device Safety Program (Part 5 (commencing with
Section 109875) of Division 104).
   (J) The Stop Tobacco Access to Kids Enforcement Program (STAKE)
(Division 8.5 (commencing with Section 22950) of the Business and
Professions Code).
   (K) The Food and Drug Laboratory (Chapter 2 (commencing with
Section 100250) of Division 101).
   (L) The Drug Safety Program (Part 4 (commencing with Section
109250) and Part 5 (commencing with Section 109875) of Division 104).
   (M) The General Food Safety Program (Part 5 (commencing with
Section 109875) and Part 6 (commencing with Section 111940) of
Division 104).
   (N) The Food Testing Program (Chapter 2 (commencing with Section
100250) of Division 101).
   (O) The Forensic Alcohol Testing Program (Article 2 (commencing
with Section 100700) of Chapter 4 of Part 1 of Division 101).
   (P) The Methadone Laboratory Regulating Program (Article 2
(commencing with Section 11839.23) of Chapter 10 of Part 2 of
Division 10.5).
   (Q) The Radiologic Health Program (Part 9 (commencing with Section
114650) of Division 104).
   (R) The Mammography Program (Chapter 6 (commencing with Section
114840) of Part 9 of Division 104).
   (S) The Radioactive Materials Licensing and Inspection Program
(Chapter 8 (commencing with Section 114960) of Part 9 of Division
104).
   (T) The Radiological Technologist Certification Program (Article 5
(commencing with Section 106955) of Part 1, and Article 3
(commencing with Section 114855) of Chapter 6 of Part 9 of Division
104).
   (U) The Radioactive Waste Tracking Program (Chapter 8 (commencing
with Section 114960) of Part 9 of Division 104).
   (V) The Radioactive Waste Minimization Program (Chapter 8
(commencing with Section 114960) of Part 9 of Division 104).
   (W) The Low Level Radioactive Waste Management, Treatment and
Disposal Program (Chapter 8 (commencing with Section 114960) of Part
9 of Division 104).
   (X) The Statewide Environmental Radiation Monitoring Program
(pursuant to Section 114755).
   (Y) The Department of Energy Oversight Program (Part 9 (commencing
with Section 114650) of Division 104).
   (Z) The X-Ray Machine Inspection and Registration and Mammography
Quality Standards Act Inspection Program (Article 5 (commencing with
Section 106955) of Part 1, and Article 3 (commencing with Section
114855) of Chapter 6 of Part 9 of Division 104).
   (8) The Deputy Director for Laboratory Science, including, but not
limited to, all of the following:
   (A) The Environmental Laboratory Accreditation Program (Article 3
(commencing with Section 100825) of Chapter 4 of Part 1 of Division
101).
   (B) The Laboratory Central Services Program (Article 2 (commencing
with Section 100250) of Chapter 2 of Part 1 of Division 101).
   (C) The National Laboratory Training Network (Section 131085).
   (D) The Laboratory Field Services program (Chapter 3 (commencing
with Section 1200) of Division 2 of the Business and Professions
Code).
   (b) Under the jurisdiction of the Deputy Director for Licensing
and Certification:
   (1) The General Acute Care Hospitals Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
   (2) The Acute Psychiatric Hospitals Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
   (3) The Special Hospitals Licensing Program (Chapter 2 (commencing
with Section 1250) of Division 2).
   (4) The Chemical Dependency Recovery Hospitals Licensing Program
(Chapter 2 (commencing with Section 1250) of Division 2).
   (5) The Skilled Nursing Facilities Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
   (6) The Intermediate Care Facilities Licensing Program (Chapter 2
(commencing with Section 1250) of Division 2).
   (7) The Intermediate Care Facilities-Developmentally Disabled
Licensing Program (Chapter 2 (commencing with Section 1250) of
Division 2).
   (8) The Intermediate Care Facilities-Developmentally
Disabled-Habilitative Licensing Program (Chapter 2 (commencing with
Section 1250) of Division 2).
   (9) The Intermediate Care Facility-Developmentally
Disabled-Nursing Licensing Program (Chapter 2 (commencing with
Section 1250) of Division 2).
   (10) The Home Health Agencies Licensing Program (Chapter 8
(commencing with Section 1725) of Division 2).
   (11) The Referral Agencies Licensing Program (Chapter 2.3
(commencing with Section 1400) of Division 2).
   (12) The Adult Day Health Centers Licensing Program (Chapter 3.3
(commencing with Section 1570) of Division 2).
   (13) The Congregate Living Health Facilities (Chapter 2
(commencing with Section 1250) of Division 2).
   (14) The Psychology Clinics Licensing Program (Chapter 1
(commencing with Section 1200) of Division 2).
   (15) The Primary Clinics--Community and Free Licensing Program
(Chapter 1 (commencing with Section 1200) of Division 2).
   (16) The Specialty Clinics--Rehab Clinics Licensing Program
(Chapter 1 (commencing with Section 1200) of Division 2).
   (17) The Dialysis Clinics Licensing Program (Chapter 1 (commencing
with Section 1200) of Division 2).
   (18) The Pediatric Day Health/Respite Care Licensing Program
(Chapter 2 (commencing with Section 1250) of Division 2).
   (19) The Alternative Birthing Centers Licensing Program (Chapter 1
(commencing with Section 1200) of Division 2).
   (20) The Hospice Licensing Program (Chapter 2 (commencing with
Section 1339.30) of Division 2).
   (21) The Correctional Treatment Centers Licensing Program (Chapter
2 (commencing with Section 1250) of Division 2).
   (22) The Medicare/Medi-Cal Certification Program (Chapter 7
(commencing with Section 14000) of Part 3 of Division 9 of the
Welfare and Institutions Code).
   (23) The Nursing Home Administrator Professional Certification
Program (Chapter 2.35 (commencing with Section 1416) of Division 2).
   (24) The Certified Nursing Assistants Professional Certification
Program (Chapter 2 (commencing with Section 1337) of Division 2).
   (25) The Home Health Aides Professional Certification Program
(Chapter 8 (commencing with Section 1725) of Division 2).
   (26) The Hemodialysis Technicians Professional Certification
Program (Chapter 3 (commencing with Section 1247) of Division 2 of
the Business and Professions Code; Chapter 10 (commencing with
Section 1794) of Division 2).
   (27) The Criminal Background Clearance Program (Chapter 2
(commencing with Section 1337), Chapter 3 (commencing with Section
1520), Chapter 3.01 (commencing with Section 1569.15), Chapter 3.4
(commencing with Section 1496.80) of Division 2, and Chapter 4
(commencing with Section 11150) of Division 8).
   (c) Under the jurisdiction of the Deputy Director for Health
Information and Strategic Planning:
   (1) The Refugee Health Program (Subpart G of Part 400 of Title 45
of the Code of Federal Regulations).
   (2) The Office of County Health Services (Article 5 (commencing
with Section 101300) of Chapter 3 of Part 3 of Division 101; Part 4.7
(commencing with Section 16900) of Division 9 of the Welfare and
Institutions Code).
   (3) The Medically Indigent Services Program (Article 5 (commencing
with Section 101300) of Chapter 3 of Part 3 of Division 101).
   (4) The Office of Vital Records (Part 1 (commencing with Section
102100) of Division 102).
   (5) The Office of Health Information and Research (Article 1
(commencing with Section 102175) of Chapter 2 of Part 1 of Division
102; Section 128730).
   (6) The Local Public Health Services Program (Article 5
(commencing with Section 101300) of Chapter 3 of Part 3 of Division
101).
   (7) The Center for Health Statistics (Part 1 (commencing with
Section 102100) of Division 102; Section 128730).
   (8) The Medical Marijuana Program (Article 2.5 (commencing with
Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety
Code).
   (d) Under the jurisdiction of the Deputy Director for Primary Care
and Family Health:
   (1) The Maternal, Child and Adolescent Health program (Part 2
(commencing with Section 123225) of Division 106).
   (2) The Adolescent Family Life Program (Article 1 (commencing with
Section 124175) of Chapter 4 of Part 2 of Division 106).
   (3) The Advanced Practice Nurse Training program (Part 2
(commencing with Section 123225) of Division 106).
   (4) The Black Infant Health Program (Part 2 (commencing with
Section 123225) of Division 106).
   (5) The Breastfeeding Program (Article 3 (commencing with Section
123360) of Chapter 1 of Part 2 of Division 6).
   (6) The California Diabetes and Pregnancy Program (Part 2
(commencing with Section 123225) of Division 106).
   (7) The California Initiative to Improve Adolescent Health (Part 2
(commencing with Section 123225) of Division 106).
   (8) The Childhood Injury Prevention Program (Article 4 (commencing
with Section 100325) of Chapter 2 of Division 101).
   (9) The Comprehensive Perinatal Services Program (Article 3
(commencing with Section 123475) of Chapter 2 of Part 2; Section
14134.5 of the Welfare and Institutions Code).
   (10) The Fetal and Infant Mortality Review Program (Article 1
(commencing with Section 123650) of Chapter 3 of Part 2 of Division
106).
   (11) The Human Stem Cell Research Program (Chapter 3 (commencing
with Section 125290.10) of Part 5 of Division 106; Chapter 1
(commencing with Section 125300) of Part 5.5 of Division 106).
   (12) The Local Health Department Maternal, Child and Adolescent
Health Program (Section 123255).
   (13) The Maternal Mortality Review Program (Article 4 (commencing
with Section 100325) of Chapter 2 of Division 101).
   (14) The Oral Health Program (Part 2 (commencing with Section
123225) of Division 106).
   (15) The Preconception Health and Health Care Initiative (Part 2
(commencing with Section 123225) of Division 106).
   (16) The Regional Perinatal Programs of California (Article 4
(commencing with Section 123550) of Chapter 2 of Part 2 of Division
106).
   (17) The Perinatal Dispatch Centers Outreach and Education Program
(Article 4 (commencing with Section 123750) of Chapter 3 of Part 2
of Division 106).
   (18) The State Early Childhood Comprehensive Services program
(Part 2 (commencing with Section 123225) of Division 106).
   (19) The Sudden Infant Death Syndrome Program (Article 3
(commencing with Section 123725) of Chapter 3 of Part 2 of Division
106).
   (20) The Youth Pilot Program (Chapter 12.85 (commencing with
Section 18987) of Part 6 of Division 9 of the Welfare and
Institutions Code).
   (21) The Office of Family Planning (Chapter 8.5 (commencing with
Section 14500) of Part 3 of Division 9 of the Welfare and
Institutions Code; Division 24 (commencing with Section 24000) of the
Welfare and Institutions Code).
   (22) The Community Challenge Grant Program (Section 14504.1 of the
Welfare and Institutions Code, and Chapter 14 (commencing with
Section 18993) of Part 6 of Division 9 of the Welfare and
Institutions Code).
   (23) The Information and Education Program (Section 14504.3 of the
Welfare and Institutions Code).
   (24) The Family PACT Program (Sections 14132(aa) and 24005 of the
Welfare and Institutions Code).
   (25) The Male Involvement Program (Section 14504 of the Welfare
and Institutions Code).
   (26) The TeenSMART Outreach Program (Section 14504.2 of the
Welfare and Institutions Code).
   (27) The Battered Women Shelter Program (Chapter 6 (commencing
with Section 124250) of Part 2 of Division 106).
   (28) The Women, Infants and Children Program (Article 1
(commencing with Section 123275) of Chapter 1 of Part 2 of Division
106).
   (29) The WIC Supplemental Nutrition Program (Article 1 (commencing
with Section 123275) of Chapter 1 of Part 2 of Division 106).
   (30) The Farmers Market Nutrition Program (Section 123279).
   (31) Genetic Disease Program (Chapter 1 (commencing with Section
124975) of Part 5 of Division 106).
   (32) The Newborn Screening Program (Chapter 1 (commencing with
Section 124975) of Part 5 of Division 106).
   (33) The Prenatal Screening Program (Chapter 1 (commencing with
Section 124975) of Part 5 of Division 106).



131052.  In implementing the transfer of jurisdiction pursuant to
this article, the State Department of Public Health succeeds to and
is vested with all the statutory duties, powers, purposes,
responsibilities, and jurisdiction of the former State Department of
Health Services as they relate to public health as provided for or
referred to in all of the following provisions of law:
   (1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5, 2249,
2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037, 4191,
19059.5, 19120, 22950, 22973.2, and 22974.8 of the Business and
Professions Code.
   (2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code.
   (3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241, 49030,
49405, 49414, 49423.5,49452.6, 49460, 49464, 49565, 49565.8,
49531.1, 56836.165, and 76403 of the Education Code.
   (4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486 of
the Food and Agricultural Code.
   (5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909 of
the Family Code.
   (6) Sections 217.6, 1507, 1786, 4011, 5671, 5674, 5700, 5701,
5701.5, 7715, and 15700 of the Fish and Game Code.
   (7) Sections 855, 51010, and 551017.1 of the Government Code. For
purposes of subdivision (s) of Section 6254 of the Government Code,
the term "State Department of Health Services" is here-by deemed to
refer to the State Department of Public Health.
   (8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457, 1505,
1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87, 2002,
2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24, 11839.25,
11839.26, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32,
11839.33, 11839.34, 17920.10, 17961, 18897.2, 24185, 24186, 24187,
24275, 26101, 26122, 26134, 26155, 26200, and 26203.
   (B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4,
4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2.
   (C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of
Part 1, Part 2 and Part 3 of Division 101.
   (D) Division 102, including Sections 102230 and 102231.
   (E) Division 103, including Sections 104145, 104160, 104181,
104182, 104182.5, 104187, 104191, 104324.2, 104324.25, 104350,
105191, 105251, 105255, 105280, 105340, and 105430.
   (F) Division 104, including Sections 106615, 106675, 106770,
108115, 108855, 109282, 109910, 109915, 112155, 112500, 112650,
113355, 114460, 114475, 114650, 114710, 114850, 114855, 114985,
115061, 115261, 115340, 115736, 115880, 115885, 115915, 116064,
116183, 116270, 116365.5, 116366, 116375, 116610, 116751, 116760.20,
116825, 117100, 117924, and 119300.
   (G) Division 105, including Sections 120262, 120381, 120395,
120440, 120480, 120956, 120966, 121155, 121285, 121340, 121349.1,
121480, 122410, and 122420.
   (H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of
Chapter 3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2,
Part 7, and Part 8 of Division 106.
   (9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10,
10123.184, and 11520 of the Insurance Code.
   (10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1,
6359, 6712, 9009, and 9022 of the Labor Code.
   (11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515, 7518,
7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990 of the Penal
Code.
   (12) Section 4806 of the Probate Code.
   (13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830, 43210,
43308, 44103, and 71081 of the Public Resources Code.
   (14) Section 10405 of the Public Contract Code.
   (15) Sections 883, 1507, and 7718 of the Public Utilities Code.
   (16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863,
30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code.
   (17) Section 11020 of the Unemployment Insurance Code.
   (18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle
Code.
   (19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909, and
Division 24 of the Welfare and Institutions Code. Payment for
services provided under the Family Planning, Access, Care, and
Treatment (Family PACT) Waiver Program pursuant to subdivision (aa)
of Section 14132 and Division 24 shall be made through the State
Department of Health Care Services. The State Department of Public
Health and the State Department of Health Care Services may enter
into an interagency agreement for the administration of those
payments.
   (20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392, 13392.5,
13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528, 13529,
13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554, 13554.2,
13816, 13819, 13820, 13823, 13824, 13825, 13827, 13830, 13834, 13835,
13836, 13837, 13858, 13861, 13862, 13864, 13868, 13868.1, 13868.3,
13868.5, 13882, 13885, 13886, 13887, 13891, 13892, 13895.1, 13895.6,
13895.9, 13896, 13896.3, 13896.4, 13896.5, 13897, 13897.4, 13897.5,
13897.6, 13898, 14011, 14012, 14015, 14016, 14017, 14019, 14022,
14025, 14026, 14027, and 14029 of the Water Code.



131053.  In the event of any conflict between Sections 131050,
131051, and 131052, Section 131052 shall prevail over Section 131051,
and Section 131050 shall prevail over Sections 131051 and 131052.



131055.  (a) All regulations and orders adopted by the former State
Department of Health Services and any of its predecessors in effect
immediately preceding the operative date of this section shall remain
in effect and shall be fully enforceable unless and until readopted,
amended, or repealed, or until they expire by their own terms. Any
action by or against the former State Department of Health Services
or any of its predecessors pertaining to matters vested in the State
Department of Public Health by this chapter shall not abate but shall
continue in the name of the State Department of Public Health, and
the State Department of Public Health shall be substituted for the
former State Department of Health Services and any of its
predecessors by the court wherein the action is pending. The
substitution shall not in any way affect the rights of the parties to
the action.
   (b) On and after the operative date of this section, the
unexpended balance of all funds available for use by the former State
Department of Health Services or any of its predecessors in carrying
out any functions transferred to the State Department of Public
Health shall be available for use by the State Department of Public
Health.
   (c) All books, documents, records, and property of the former
State Department of Health Services pertaining to functions
transferred to the Department of Public Health shall be transferred
to the State Department of Public Health.
   (d) On and after the operative date of this section, positions
other than that of the State Public Health Officer and the Chief
Deputy filled by appointment by the Governor in the former State
Department of Health Services whose principal assignment was to
perform functions transferred to the State Department of Public
Health shall be transferred to the State Department of Public Health.
Individuals in positions transferred pursuant to this section shall
serve at the pleasure of the Governor. Salaries of positions
transferred shall remain at the level established pursuant to law
unless otherwise provided.
   (e) Every officer and employee of the former State Department of
Health Services who is performing a function transferred to the State
Department of Public Health and who is serving in the state civil
service, other than as a temporary employee, shall be transferred to
the State Department of Public Health pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of any officer or employee of the former State Department of
Health Services shall not be affected by the transfer and shall be
retained by the person as an officer or employee of the State
Department of Public Health, as the case may be, pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to a
position that is exempt from civil service.



131056.  The department may commence and maintain all proper and
necessary actions and proceedings for any or all of the following
purposes:
   (a) To enforce its regulations.
   (b) To enjoin and abate nuisances dangerous to health.
   (c) To compel the performance of any act specifically enjoined
upon any person, officer, or board, by any law of this state relating
to the public health.
   (d) To protect and preserve the public health.
   It may defend all actions and proceedings involving its powers and
duties. In all actions and proceedings it shall sue and be sued
under the name of the department.



131057.  With the approval of the Department of Finance, and for use
in the furtherance of the work of the department, the director may
accept (a) grants of interest in real property, and (b) gifts of
money from public agencies or from organizations or associations
organized for scientific, educational, or charitable purposes.




131071.  Notwithstanding any other provision of law, whenever the
department is authorized or required by statute, regulation, the due
process provisions of the 14th amendment to the United States
Constitution, and of subdivision (a) of Section 7 of Article I of the
California Constitution, or required by contract, to conduct an
adjudicative hearing leading to a final decision of the director or
the department, all of the following shall apply:
   (a) The proceeding shall be conducted pursuant to the
administrative adjudication provisions of Chapter 4.5 (commencing
with Section 11400) and Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code, except as
specified in this section.
   (b) Notwithstanding Section 11502 of the Government Code, whenever
the department conducts a hearing under Chapter 4.5 (commencing with
Section 11400) or Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, the hearing shall
be conducted before an administrative law judge selected by the
department and assigned to a hearing office that complies with the
procedural requirements of Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
   (c) (1) Notwithstanding Section 11508 of the Government Code,
whenever the department conducts a hearing under Chapter 4.5
(commencing with Section 11400) or Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code,
the time and place of the hearing shall be determined by the staff
assigned to the hearing office hearing the matter, except as provided
in paragraph (2) or unless the department by regulation specifies
otherwise.
   (2) Formal hearings requested by health facilities shall be held
in the City of Sacramento.
   (d) (1) Unless otherwise specified in this section, the following
sections of the Government Code shall apply to any adjudicative
hearing conducted by the department only if the department has not,
by regulation, specified an alternative procedure for the particular
type of hearing at issue: Section 11503 relating to accusations,
Section 11504 relating to statements of issues, Section 11505
relating to the contents of the statement to respondent, Section
11506 relating to the notice of defense, Section 11507.6 relating to
discovery rights and procedures, Section 11508 relating to the time
and place of hearings, and Section 11516 relating to amendment of
accusations.
   (2) Any alternative procedure specified by the department in
accordance with this subdivision shall conform to the purpose of the
Government Code provision it replaces insofar as it is possible to do
so consistent with the specific procedural requirements applicable
to the type of hearing at issue.
   (3) Any alternative procedures adopted by the department under
this subdivision shall not diminish the amount of notice given of the
issues to be heard by the department or deprive appellants of the
right to discovery suitable to the particular proceedings. Except as
specified in paragraph (2) of subdivision (c), modifications of
timeframes or of the place of hearing made by regulation shall not
lengthen timeframes within which the department is required to act
nor require hearings to be held at a greater distance from the
appellant's place of residence or business than is the case under the
otherwise applicable Government Code provision.
   (e) The specific timelines specified in Section 11517 of the
Government Code shall not apply to any adjudicative hearing conducted
by the department to the extent that the department has, by
regulation, specified different timelines for the particular type of
hearing at issue.
   (f) In the case of any adjudicative hearing conducted by the
department, "transcript," as used in subdivision (c) of Section 11517
of the Government Code, shall be deemed to include any alternative
form of recordation of the oral proceedings, including, but not
limited to, an audiotape.
   (g) Pursuant to Section 11415.50 of the Government Code, the
department may, by regulation, provide for any appropriate informal
procedure to be used for an informal level of review that does not
itself lead to a final decision of the department or the director.
The procedures specified in Article 10 (commencing with Section
11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code shall not apply to the informal level of review.
Informal conferences concerning appeals by health facilities may be
held in the Cities of Sacramento or Los Angeles.
   (h) Notwithstanding any other provision of law, any adjudicative
hearing conducted by the department that is conducted pursuant to a
federal statutory or regulatory requirement that contains specific
procedures may be conducted pursuant to those procedures to the
extent they are inconsistent with the procedures specified in this
section.
   (i) Nothing in this section shall supersede express provisions of
law that apply to any hearing that is not adjudicative in nature or
that does not involve due process rights specific to an individual or
specific individuals, as opposed to the general public or a segment
of the general public.
   (j) The regulations of the former State Department of Health
Services pertaining to adjudicative hearings pursuant to Section
100171 shall apply to the department until the department adopts
regulations superseding those regulations. The department may enter
into an interagency agreement with the State Department of Health
Care Services to have the hearing office of the State Department of
Health Care Services conduct adjudicative hearings on behalf of the
department in accordance with this section.



131075.  The department may enjoin and abate public nuisances.



131080.  The department may advise all local health authorities,
and, when in its judgment the public health is menaced, it shall
control and regulate their action.



131082.  Every person charged with the performance of any duty under
the laws of this state relating to the preservation of the public
health, who willfully neglects or refuses to perform the same, is
guilty of a misdemeanor.


131085.  (a) The department may perform any of the following
activities relating to the protection, preservation, and advancement
of public health:
   (1) Studies.
   (2) Demonstrations of innovative methods.
   (3) Evaluations of existing projects.
   (4) Provision of training programs.
   (5) Dissemination of information.
   (b) In performing an activity specified in subdivision (a), the
department may do any of the following:
   (1) Perform the activity directly.
   (2) Enter into contracts, cooperative agreements, or other
agreements for the performance of the activity.
   (3) Apply for and receive grants for the performance of the
activity.
   (4) Award grants for the performance of the activity.



131090.  The department may provide for consultant and advisory
services and for the training of technical and professional personnel
in educational institutions and field training centers approved by
the department, and for the establishment and maintenance of field
training centers in local health departments and in the department.




131095.  The department shall cause special investigation of the
preparation and sale of drugs and food and their adulteration.



131100.  The department shall perform duties as required by law for
the detection and prevention of the adulteration of articles used for
food and drink, and for the punishment of persons guilty of
violation of any law providing against their adulteration.




131105.  The department shall examine and may prevent the pollution
of sources of public domestic water and ice supply.



131110.  The department shall maintain a program of Drinking Water
and Environmental Management.



131115.  The department may maintain a mental health service that
shall advise and assist local departments of health and education in
the establishment of mental health services, particularly in
connection with maternal and child health conferences and in the
schools of the state.
   The department may conduct these activities as may be required in
the development of mental health services as related to public
health.
   This section does not authorize any form of compulsory medical or
physical examination, treatment, or control of any person.



131125.  The department shall enforce Section 383b of the Penal
Code.


131130.  (a) Any person who willfully sells, keeps for sale, or
offers for sale any food, drug, device, or cosmetic knowing, after a
written notice from either (1) a manufacturer, wholesaler,
distributor, or importer, or (2) the department or a local health
officer that the product linked to an outbreak of illness, injury, or
product tampering is being ordered removed from sale by the
department pursuant to Section 131080, shall, upon conviction, be
punished by a fine of not less than two thousand dollars ($2,000) nor
more than ten thousand dollars ($10,000) for each day of violation,
or by imprisonment in the county jail for not more than one year, or
by both a fine and imprisonment.
   (b) If a second or subsequent violation is committed after a
previous conviction under this section has become final, the person
shall be punished by a fine of not less than five thousand dollars
($5,000) nor more than twenty-five thousand dollars ($25,000) for
each day of violation, or by imprisonment in the state prison, or by
both a fine and imprisonment.
   (c) Notwithstanding any other provision of law, the court may
suspend the minimum fines provided for in this section if it
determines that there are circumstances in mitigation and the court
states on the record its reasons for suspending the minimum fine.



131135.  Whenever any person violates any provision of Section
131130, the court may, as a condition of probation, order the
defendant to pay, in lieu of any fine, any expenses, both direct and
indirect, incurred by a local health department or the department in
monitoring compliance with the order pursuant to Section 131080,
including, but not limited to, the costs of conducting inspections
and imposing embargoes. The total costs payable to the department and
local health departments collectively imposed pursuant to this
section shall not exceed the maximum fine for the offense of which
the defendant is convicted.
   Any amount collected under this section shall be paid to the local
health department incurring the expenses or, if to reimburse costs
of the department, into the General Fund.
State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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