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California
Health and Safety Code
5,000 entries
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This act shall be known as the Health and Safety Code.
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The provisions of this code in so far as they are substantially the same as existing statutory provi…
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All persons who, at the time this code takes effect, hold office under any of the acts repealed by t…
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Any action or proceeding commenced before this code takes effect, and any right accrued, is not affe…
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Unless the provision or the context otherwise requires, these definitions, rules of construction, an…
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Division, part, chapter, article, and section headings do not in any manner affect the scope, meanin…
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Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exerci…
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Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whe…
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Whenever reference is made to any portion of this code or of any other law of this State, the refere…
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“Section” means a section of this code unless some other statute is specifically mentioned. Subdivis…
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The present tense includes the past and future tenses; and the future, the present.
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The masculine gender includes the feminine and neuter.
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“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
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The singular number includes the plural, and the plural the singular.
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“County” includes city and county.
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Unless expressly otherwise provided, any notice required to be given to any person by any provision …
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“Shall” is mandatory and “may” is permissive.
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“Oath” includes affirmation.
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“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer…
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“Person” means any person, firm, association, organization, partnership, business trust, corporation…
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“State department” or “department” means State Department of Health Services. Commencing July 1, 200…
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“Director” means “State Director of Health Services.” Commencing July 1, 2007, any reference to the …
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“Board” or “State Board of Public Health” means “State Department of Health Services,” with respect …
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“State” means the State of California, unless applied to the different parts of the United States. I…
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If any provision of this code, or the application thereof to any person or circumstance, is held inv…
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Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commiss…
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For purposes of this code: (a) “Communicable Disease Prevention and Control Act” means Sections 1047…
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For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycle…
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If a department within the California Health and Human Services Agency has received approval of an o…
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(a) The State Department of Public Health shall develop a coordinated state strategy for addressing …
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(a) The State Department of Public Health shall place priority on providing information to consumers…
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(a) The State Department of Public Health shall include in any literature that it produces regarding…
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(a) The California Reproductive Justice and Freedom Fund (RJ Fund) is hereby established. The goal o…
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(a) The State Department of Public Health Office of Health Equity shall do all of the following: (1)…
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The Director of Developmental Services may be appointed as either guardian or conservator of the per…
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Unless exceptions are expressly made in this article, the provisions of Division 4 (commencing with …
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The director may be nominated by any one of the following to act as guardian or conservator for any …
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In every case in which he has agreed to do so, the director may petition for his appointment to act …
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If the alleged developmentally disabled person is within the state and is able to attend, he shall b…
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In addition to the requirements of Division 4 (commencing with Section 1400) of the Probate Code, th…
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The court may appoint the Director of Developmental Services as guardian or conservator of the perso…
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No appointment of both the Director of Developmental Services and a private guardian or conservator …
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No costs or fees shall be charged or received by the county clerk for the filing of any conservators…
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The Director of Developmental Services shall file an official bond in no event less than twenty-five…
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The appointment by the court of the Director of Developmental Services as conservator or guardian sh…
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The Director of Developmental Services shall: (a) Consult with developmentally disabled persons and …
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The Director of Developmental Services, when acting as adviser, may provide advice and guidance to t…
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The Director of Developmental Services shall have the same powers and duties as those established fo…
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It is the intent of this article that the director, when acting as guardian or conservator of the pe…
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The director shall provide for at least an annual review in writing of the physical, mental, and soc…
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(a) The services to be rendered by the director as adviser or as guardian or conservator of the pers…
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The director shall receive such reasonable fees for his services as guardian or conservator of the e…
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This article does not authorize the care, treatment, or supervision or any control over any developm…
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Prior to the appointment of the Director of Developmental Services as guardian or conservator of the…
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The State Department of Health Services shall submit to the State Air Resources Board recommendation…
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Notwithstanding any provision of state law, and unless prohibited by federal law, a county may elimi…
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The Office of the Surgeon General is hereby established within the California Health and Human Servi…
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(a) The Surgeon General shall be appointed by the Governor and shall be the director of the Office o…
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This act shall be known and may be cited as the Health Research Fairness Act.
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The Legislature finds and declares all of the following: (a) The National Institutes of Health (NIH)…
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(a) On or before June 30, 1992, state agencies shall adopt, and it is the intent of the Legislature …
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State agencies shall, and it is the intent of the Legislature that the University of California: (a)…
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(a) State agencies and the University of California shall report, consistent with available data, on…
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It is the intent of the Legislature to encourage research on the effectiveness of RU-486 (mifepristo…
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For purposes of this part, “state agency” has the same meaning as defined in Section 11000 of the Go…
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“Health facility,” as used in this chapter, means any general acute care hospital required to be lic…
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Within seven days after completion of the patient’s itemized bill, every health facility shall provi…
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The primary attending health care practitioner’s written request to the health facility shall specif…
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The primary attending health care practitioner shall obtain prior written consent from each patient …
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No information, other than the itemized billing set forth in Section 440.20, that is prohibited from…
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For the purposes of this part, the following definitions shall apply: (a) “Actively dying” means the…
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(a) When a health care provider makes a diagnosis that a patient has a terminal illness, the health …
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If a health care provider does not wish to comply with his or her patient’s request or, when applica…
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(a) Before the discharge from an acute care hospital of a Medi-Cal beneficiary diagnosed with a term…
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This part shall be known and may be cited as the End of Life Option Act.
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As used in this part, the following definitions shall apply: (a) “Adult” means an individual 18 year…
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(a) An individual who is an adult with the capacity to make medical decisions and with a terminal di…
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(a) An individual seeking to obtain a prescription for an aid-in-dying drug pursuant to this part sh…
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(a) An individual may at any time withdraw or rescind their request for an aid-in-dying drug, or dec…
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(a) Before prescribing an aid-in-dying drug, the attending physician shall do all of the following: …
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Before a qualified individual obtains an aid-in-dying drug from the attending physician, the consult…
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Upon referral from the attending or consulting physician pursuant to this part, the mental health sp…
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All of the following shall be documented in the individual’s medical record: (a) All oral requests f…
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(a) Within 30 calendar days of writing a prescription for an aid-in-dying drug, the attending physic…
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A qualified individual may not receive a prescription for an aid-in-dying drug pursuant to this part…
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(a) A request for an aid-in-dying drug as authorized by this part shall be in the following form: RE…
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(a) A provision in a contract, will, or other agreement executed on or after January 1, 2016, whethe…
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(a) (1) The sale, procurement, or issuance of a life, health, or annuity policy, health care service…
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(a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability sole…
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(a) Subject to subdivision (b), notwithstanding any other law, a health care entity may prohibit its…
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(a) A health care provider may not be sanctioned for any of the following: (1) Making an initial det…
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(a) Knowingly altering or forging a request for an aid-in-dying drug to end an individual’s life wit…
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Nothing in this part may be construed to authorize a physician or any other person to end an individ…
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(a) The State Department of Public Health shall collect and review the information submitted pursuan…
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A person who has custody or control of any unused aid-in-dying drugs prescribed pursuant to this par…
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Any governmental entity that incurs costs resulting from a qualified individual terminating his or h…
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(a) The Medical Board of California may update the attending physician checklist and compliance form…
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No person, firm, partnership, association or corporation, or agent or employee thereof, shall for pr…
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(a) (1) The State Department of Health Services shall establish a permanent Office of Binational Bor…
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Any board of supervisors may adopt such rules and regulations with regard to keeping and storing of …
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There is hereby created the Children’s Environmental Health Center within the Environmental Protecti…
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(a) As used in this section: (1) “Center” means the Children’s Environmental Health Center establish…
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The Legislature finds and declares all of the following: (a) Established by the Governor and the Leg…
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The Secretary of the California Health and Human Services Agency shall research, develop, and pursue…
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(a) In developing the waiver framework, the Secretary of the Health and Human Services Agency shall …
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The Legislature finds and declares all of the following: (a) Outside of California’s four major metr…
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(a) The Secretary of the Health and Welfare Agency shall establish an Office of Rural Health, or an …
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(a) (1) The Office of Statewide Health Planning and Development shall develop and administer a compe…
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(a) (1) In order to provide improved delivery of services to the families of agricultural workers, t…
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This part shall be known and may be cited as the Children’s Hospital Bond Act of 2004.
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As used in this part, the following terms have the following meanings: (a) “Authority” means the Cal…
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The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children’s Hos…
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The purpose of the Children’s Hospital Program is to improve the health and welfare of California’s …
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The authority is authorized to award grants to any children’s hospital for purposes of funding proje…
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(a) Twenty percent of the total funds available for grants pursuant to this part shall be awarded to…
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(a) The authority shall develop a written application for the awarding of grants under this part wit…
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The Bureau of State Audits may conduct periodic audits to ensure that bond proceeds are awarded in a…
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Bonds in the total amount of seven hundred fifty million dollars ($750,000,000), not including the a…
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The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as p…
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(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obliga…
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The committee shall determine whether or not it is necessary or desirable to issue bonds authorized …
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There shall be collected each year and in the same manner and at the same time as other state revenu…
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Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from…
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For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal fro…
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All money deposited in the fund that is derived from premium and accrued interest on bonds sold shal…
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Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Gove…
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The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Inv…
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The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 …
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Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if th…
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The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized …
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Notwithstanding any other provision of this part, the provisions of this part are severable. If any …
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(a) This part shall be known and may be cited as the Children’s Hospital Bond Act of 2008. (b) Calif…
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As used in this part, the following terms have the following meanings: (a) “Authority” means the Cal…
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The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children’s Hos…
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The purpose of the Children’s Hospital Program is to improve the health and welfare of California’s …
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The authority is authorized to award grants to any children’s hospital for purposes of funding proje…
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(a) Twenty percent of the total funds available for grants pursuant to this part shall be awarded to…
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(a) The authority shall develop a written application for the awarding of grants under this part wit…
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The Bureau of State Audits may conduct periodic audits to ensure that bond proceeds are awarded in a…
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Bonds in the total amount of nine hundred eighty million dollars ($980,000,000), not including the a…
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The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as p…
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(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obliga…
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The committee shall determine whether or not it is necessary or desirable to issue bonds authorized …
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There shall be collected each year and in the same manner and at the same time as other state revenu…
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Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from…
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For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal fro…
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All money deposited in the fund that is derived from premium and accrued interest on bonds sold shal…
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Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Gove…
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The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Inv…
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The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 …
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Notwithstanding any other provision of this part, or of the State General Obligation Bond Law, if th…
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The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized …
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Notwithstanding any other provision of this part, the provisions of this part are severable. If any …
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(a) In order to reduce the rate of fatal overdose from opioid drugs including heroin and prescriptio…
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(a) This part shall be known, and may be cited, as the Children’s Hospital Bond Act of 2018. (b) Cal…
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As used in this part, the following terms have the following meanings: (a) “Authority” means the Cal…
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The proceeds of bonds issued and sold pursuant to this part shall be deposited in the Children’s Hos…
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The purpose of the Children’s Hospital Program is to improve the health and welfare of California’s …
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The authority is authorized to award grants to any children’s hospital for purposes of funding proje…
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(a) Eighteen percent of the total funds available for grants pursuant to this part shall be awarded …
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(a) The authority shall develop a written application for the awarding of grants under this part wit…
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The California State Auditor may conduct periodic audits to ensure that bond proceeds are awarded in…
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Bonds in the total amount of one billion five hundred million dollars ($1,500,000,000), not includin…
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The bonds authorized by this part shall be prepared, executed, issued, sold, paid, and redeemed as p…
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(a) Solely for the purpose of authorizing the issuance and sale pursuant to the State General Obliga…
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The committee shall determine whether or not it is necessary or desirable to issue bonds authorized …
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There shall be collected each year and in the same manner and at the same time as other state revenu…
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Notwithstanding Section 13340 of the Government Code, there is hereby appropriated continuously from…
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For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal fro…
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All money deposited in the fund that is derived from premium and accrued interest on bonds sold shal…
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Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Gove…
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The authority may request the Pooled Money Investment Board to make a loan from the Pooled Money Inv…
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The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 …
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Notwithstanding any other provision of this part, or of the State General Obligation Bond Law (Chapt…
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The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized …
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Notwithstanding any other provision of this part, the provisions of this part are severable. If any …
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(a) The State Department of Health Care Services shall conduct outreach to each of the tribal govern…
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(a) The California Health and Human Services Agency, in accordance with their mission, shall provide…
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For purposes of this division, the following definitions apply: (a) “Behavioral restraint” means “me…
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(a) This section shall apply to the state hospitals operated by the State Department of State Hospit…
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(a) This section shall apply to psychiatric units of general acute care hospitals, acute psychiatric…
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(a) A facility described in subdivision (a) of Section 1180.2 or subdivision (a) of Section 1180.3 s…
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(a) A facility described in subdivision (a) of Section 1180.2 or subdivision (a) of Section 1180.3 s…
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The State Department of Public Health, the State Department of State Hospitals, the State Department…
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(a) In the case of an incident involving the use of seclusion or behavioral restraints in a short-te…
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For purposes of this division, the following definitions shall apply: (a) (1) “Hedge fund” means a p…
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(a) A private equity group or hedge fund involved in any manner with a physician or dental practice …
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The provisions of this division are severable. If any provision of this division or its application …
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(a) As used in this chapter, “clinic” means an organized outpatient health facility that provides di…
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(a) As used in this chapter, “clinic” also means an organized outpatient health facility which, purs…
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“License” means a basic permit to operate a clinic. A license may only be granted to a clinic of a t…
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“Nonprofit speech and hearing center” means a nonprofit agency which provides an integrated program …
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“Special permit” means a permit issued in addition to a license authorizing the clinic to offer one …
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“Special service” means a functional division, department, or unit of a clinic, or a clinic that is …
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Clinics eligible for licensure pursuant to this chapter are primary care clinics and specialty clini…
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In addition to the primary care clinics and specialty clinics specified in Section 1204, clinics eli…
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(a) Notwithstanding any other law, and except as provided in subdivision (c), a primary care clinic …
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(a) An alternative birth center that is licensed as an alternative birth center specialty clinic pur…
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The State Department of Health Services shall provide information to the California Health Facilitie…
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A primary care clinic may submit verification of certification from the Joint Commission, the Accred…
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Except as provided in Section 1206, no person, firm, partnership, association, corporation, or publi…
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A clinic that has been verified by the Licensing and Certification Division of the State Department …
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This chapter does not apply to the following: (a) Except with respect to the option provided with re…
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The provisions of this chapter do not require licensure of any place or establishment owned or lease…
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The state department shall inspect and license clinics, and shall inspect and approve clinics to off…
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The state department may provide consulting services upon request to any clinic to assist in the ide…
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This chapter does not authorize any person other than a licensed practitioner of a healing art, or a…
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(a) A chronic dialysis clinic shall not steer, direct, or advise a patient regarding any specific co…
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(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a …
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A person, firm, association, partnership, corporation, or other legal entity desiring a license for …
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Each application under this chapter for an initial license, renewal license, license upon change of …
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Notwithstanding the provisions of Section 1214, each application for a surgical clinic or a chronic …
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Each application under this chapter for an initial license, renewal license, license upon change of …
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Each new license issued pursuant to this chapter shall expire 12 months from the date of its issuanc…
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(a) Every clinic holding a license shall, on or before the 15th day of March each year, file with th…
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(a) Commencing January 1, 2027, every clinic holding a license and, notwithstanding subdivision (h) …
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(a) An applicant for a license to operate a primary care clinic, as specified in subdivision (a) of …
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Upon the filing of an application for a license or for a special permit, or for renewal of a license…
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(a) A clinic corporation on behalf of a primary care clinic that has held a valid, unrevoked, and un…
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Notwithstanding any other provision of law, two or more primary care clinics that are operated by a …
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(a) In order to reduce paperwork, eliminate errors, and streamline communications between the depart…
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(a) A licensed primary care community or free clinic shall report to the department, when renewing i…
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(a) Except for affiliate clinics, as defined in Section 1218.1, if a clinic or an applicant for a li…
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(a) The state department may issue a provisional license to a clinic if: (1) The clinic and the appl…
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Immediately upon the denial of any application for a license or special permit or a renewal thereof,…
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(a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any li…
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(a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the …
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For purposes of this article, the following definitions shall apply: (a) “Centralized applications u…
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Commencing July 1, 2002, all new applications for licenses for clinics shall be reviewed by the cent…
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Commencing January 1, 2002, the centralized applications unit shall work with organizations that are…
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Commencing January 1, 2002, a telephone number shall be provided for applicants to verify receipt of…
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All new applications submitted to the centralized applications unit shall be reviewed within two wee…
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(a) Commencing January 1, 2002, the Licensing and Certification Division shall designate at least on…
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The Licensing and Certification Program training unit shall work with organizations that are among a…
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The centralized applications unit and regional offices shall be routinely reviewed by the department…
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The department shall, on or before July 1, 2005, implement a process that allows an applicant for li…
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(a) The department shall adopt, and may from time to time amend or repeal, in accordance with Chapte…
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(a) The regulations shall prescribe the kinds of services that may be provided by clinics in each ca…
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(a) A primary care clinic shall comply with the following requirements regarding health examinations…
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The Community Clinics Advisory Committee provided for in subdivision (b) of Section 1226 shall meet …
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A primary care clinic may establish compliance with the minimum construction standards of adequacy a…
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(a) It is the intent of the Legislature to establish seismic safety standards for facilities license…
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Any duly authorized officer, employee, or agent of the state department may upon presentation of pro…
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(a) Except as provided in subdivision (c), every clinic for which a license or special permit has be…
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The state department shall notify any clinic of all deficiencies in its compliance with the provisio…
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No notification of deficiency, civil or criminal penalty, fine, sanction, or denial, suspension, or …
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Reports on the results of each inspection shall be kept on file in the state department along with t…
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(a) All clinics shall maintain compliance with the licensing requirements. These requirements shall …
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(a) The department may grant to a PACE program, as defined in Chapter 8.75 (commencing with Section …
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No clinic which permits sterilization operations for contraceptive purposes to be performed therein,…
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A surgical clinic may restrict use of its facilities to members of the medical staff of the surgical…
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By June 30, 1995, a licensed clinic board of directors and its medical director shall establish and …
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(a) Smoking a tobacco product shall not be permitted in patient areas of a clinic except those rooms…
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(a) For purposes of this section, the following definitions apply: (1) “Medical chaperone” means a t…
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(a) Except as provided in subdivision (b), any person who violates any of the provisions of this cha…
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The director may bring an action to enjoin the violation or threatened violation of Section 1205 in …
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Any action brought by the director against a clinic shall not abate by reason of a sale or other tra…
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The district attorney of every county shall, upon application by the state department or its authori…
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The state department may suspend or revoke any license or special permit issued under the provisions…
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Proceedings for the suspension, revocation, or denial of licenses or special permits under this chap…
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The director may temporarily suspend any license issued to a specialty clinic or special permit prio…
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The withdrawal of an application for a license or a special permit after it has been filed with the …
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Any license or special permit revoked pursuant to this chapter may be reinstated pursuant to the pro…
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Any licensee or holder of a special permit may, with the approval of the state department, surrender…
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For purposes of this chapter, the following definitions shall apply: (a) “Division” means the Medica…
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No association, corporation, firm, partnership, or person shall operate, manage, conduct, or maintai…
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(a) Any outpatient setting may apply to an accreditation agency for a certificate of accreditation. …
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(a) Certificates of accreditation issued to outpatient settings by an accreditation agency shall be …
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(a) It is the intent of the Legislature that an accreditation agency operating on or before January …
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The board shall evaluate the performance of an approved accreditation agency no less than every thre…
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(a) The Division of Licensing shall establish by regulation a reasonable fee for an application for …
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(a) The board shall investigate all complaints concerning a violation of this chapter. With respect …
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(a) Any person or entity that willfully violates this chapter or any rule or regulation adopted unde…
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(a) The board shall adopt standards for accreditation and, in approving accreditation agencies to pe…
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If an outpatient setting does not meet the standards approved by the board, accreditation shall be d…
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(a) Every outpatient setting that is accredited shall be inspected by the accreditation agency and m…
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(a) If the accreditation agency is not meeting the criteria set by the division, the division may te…
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It shall constitute unprofessional conduct for a physician and surgeon to willfully and knowingly vi…
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(a) Except as may otherwise be provided in this section, before the Division of Medical Quality may …
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This chapter shall not preclude an approved accreditation agency from adopting additional standards …
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As used in this chapter, “health facility” means a facility, place, or building that is organized, m…
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(a) The department shall adopt regulations that define all of the following bed classifications for …
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(a) (1) As defined in Section 1250, “health facility” includes a “psychiatric health facility,” defi…
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Article 9 (commencing with Section 70901) of Chapter 1 of Division 5 of Title 22 of the California C…
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(a) (1) “Chemical dependency recovery hospital” means a health facility that provides 24-hour inpati…
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A rural general acute care hospital that does not provide surgical and anesthesia services shall mai…
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(a) As used in this section: (1) “Department” means the Department of Corrections or the Department …
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“Council” means the Advisory Health Council.
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(a) All general acute care hospitals licensed under this chapter shall maintain a medical records sy…
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A licensed general acute care hospital, as defined pursuant to subdivision (a) of Section 1250, or a…
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Any requirement placed upon, or reference to, a corporation in this chapter, shall also apply to a l…
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(a) (1) With respect to each hospital designated by the department as a critical access hospital, an…
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(a) Notwithstanding subdivision (a) of Section 127170, the department, upon application of a general…
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(a) (1) “Psychiatric residential treatment facility” means a health facility licensed by the State D…
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The State Department of Public Health shall develop written guidelines and regulations as necessary …
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“License” means a basic permit to operate a health facility with an authorized number and classifica…
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A health facility licensed as a general acute care hospital, providing alcohol recovery services, ma…
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(a) Notwithstanding any other law, upon application of the Department of Corrections and Rehabilitat…
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A “special permit” is a permit issued in addition to a license, authorizing a health facility to off…
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(a) The Legislature finds and declares all of the following: (1) The Camp Fire in 2018 resulted in t…
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(a) “Special service” means a functional division, department, or unit of a health facility that is …
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(a) No person, firm, partnership, association, corporation, or political subdivision of the state, o…
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(a) Any skilled nursing facility or intermediate care facility that on the effective date of this se…
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As used in Section 1253.3, the following definitions shall apply: (a) “Applicant” means any person, …
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(a) No person, as defined in Section 19, nor an applicant for licensure, change of ownership, or cha…
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(a) The State Department of Public Health, upon issuance and renewal of a license for a general acut…
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(a) This section shall govern applications by general acute care hospitals for supplemental services…
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(a) For purposes of this chapter, “observation services” means outpatient services provided by a gen…
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(a) Except as provided in subdivisions (e) and (f), the state department shall inspect and license h…
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(a) The State Department of Health Care Services shall license psychiatric health facilities to prov…
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(a) The state department, in addition to the licensing duties imposed by Section 1254, shall license…
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(a) A general acute care hospital shall adopt a policy for providing family or next of kin with a re…
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(a) The Legislature finds and declares that the disease of eating disorders is not simply medical or…
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(a) A hospital shall provide, free of charge, information and instructional materials regarding sudd…
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(a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and…
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(a) In addition to the basic services offered under the license, a general acute care hospital may b…
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(a) Any hospital that provides emergency medical services under Section 1255 shall, as soon as possi…
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A health facility implementing a downgrade or change shall make reasonable efforts to ensure that th…
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On or before June 30, 1999, with the state department as the lead agency, the state department and t…
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For purposes of Section 1255, the following definitions apply: (a) “Cardiac catheterization” include…
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During cardiovascular surgery, a perfusionist, as defined by Chapter 5.67 (commencing with Section 2…
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(a) (1) For purposes of this section, “safe-surrender site” means either of the following: (A) A loc…
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(a) For purposes of this section, the following terms have the following meanings: (1) “Colonized” m…
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(a) (1) A skilled nursing facility shall have a full-time, dedicated Infection Preventionist (IP). (…
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(a) (1) Except as provided in subparagraph (3), not less than 120 days prior to closing a health fac…
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(a) The use of the name or title “hospital” by any person or persons to identify or represent a faci…
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A general acute care hospital shall not hold itself out directly or indirectly by any sign, brochure…
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(a) The Elective Percutaneous Coronary Intervention (PCI) Program is hereby established in the depar…
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(a) (1) No general acute care hospital may promulgate policies or implement practices that determine…
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(a) For purposes of this section and Section 1256.06, the following definitions apply: (1) “Critical…
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A hospital requesting approval to establish a standby perinatal service pursuant to Section 1256.05 …
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The state department may delegate to local health departments the authority to verify compliance wit…
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(a) All registered nurses, certified nurse assistants, licensed vocational nurses, and physicians wo…
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(a) After July 1, 2010, all hospitals licensed pursuant to subdivisions (a), (b), and (f) of Section…
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(a) All hospital employees regularly assigned to the emergency department shall receive, by July 1, …
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(a) (1) The department shall recommend training for general acute care hospitals, as defined in subd…
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No health facility which permits sterilization operations for contraceptive purposes to be performed…
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(a) (1) The Legislature finds and declares that California is becoming a land of people whose langua…
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(a) This section shall be known, and may be cited, as Tyler’s Law. (b) If a person is treated at a g…
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By January 1, 1995, each general acute care hospital, acute psychiatric hospital, special hospital, …
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(a) On or before January 1, 2025, a general acute care hospital shall establish and adopt written po…
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(a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corpo…
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(a) Except as provided in subdivision (b), any member of the board of directors of a nonprofit corpo…
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(a) A health facility shall allow a patient’s domestic partner, the children of the patient’s domest…
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(a) (1) A general acute care hospital, as defined in subdivision (a) of Section 1250, shall allow a …
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(a) Notwithstanding any other provision of law, for a patient aged 50 years or older, a registered n…
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(a) (1) A skilled nursing facility shall not contract with a person as a medical director if the per…
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(a) The number of oral dosage form or suppository form drugs provided by a pharmacy to a health faci…
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(a) (1) For purposes of this section and Section 1261.5, an “automated drug delivery system” means a…
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(a) When a mental health patient is being discharged from one of the facilities specified in subdivi…
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(a) No hospital, as defined in subdivisions (a), (b), and (f) of Section 1250, may cause the transfe…
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(a) Each hospital shall have a written discharge planning policy and process. (b) The policy require…
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(a) Each hospital shall provide each patient, upon admission or as soon thereafter as reasonably pra…
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(a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, shall admit a patient…
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(a) A noncontracting hospital shall not bill a patient who is an enrollee of a health care service p…
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(a) This section shall be known and may be cited as the Dementia Training Standards Act of 2001. (b)…
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(a) Any health facility licensed under Section 1250 that provides prenatal screening ultrasound to d…
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(a) For purposes of this section, the following definitions apply: (1) “Medical chaperone” means a t…
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A person, political subdivision of the state, or governmental agency desiring a license for a health…
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(a) An application for licensure under this chapter may be denied by the state department if the app…
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A “crime,” within the meaning of this chapter, means a violation of a law or regulation which is sub…
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(a) For any individual or entity that seeks approval to operate or manage a health facility licensed…
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(a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section…
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(a) (1) Prior to the initial licensure or renewal of a license of any person or persons to operate o…
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Notwithstanding any other provision of law, a registered nurse within his or her scope of practice m…
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(a) (1) The state department shall adopt regulations for the licensure of congregate living health f…
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In addition to the requirements of this chapter, any person, political subdivision of the state, or …
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(a) On and after July 1, 2015, any acute psychiatric hospital that submits a completed application a…
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(a) A licensed health facility, as defined in subdivision (a), (b), (c), (d), (f), or (k) of Section…
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(a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any li…
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(a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the …
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(a) The Licensing and Certification Program shall be supported entirely by federal funds and special…
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(a) Each new or renewal application for a license for a psychiatric health facility shall be accompa…
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(a) Whenever any entity required to pay fees pursuant to Section 1266 continues to operate beyond it…
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The annual Licensing and Certification Program fee for a congregate living health facility shall be …
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There is hereby created in the State Treasury the State Department of Public Health Licensing and Ce…
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The amount of three million two hundred four thousand three hundred seventy dollars ($3,204,370) is …
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(a) The annual Licensing and Certification Program fee for a skilled nursing facility, intermediate …
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(a) (1) Each license issued pursuant to this chapter shall expire 12 months from the date of its iss…
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(a) (1) Each applicant for a license to operate a skilled nursing facility or intermediate care faci…
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The State Department of Health Services and the State Department of Developmental Services shall joi…
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(a) An intermediate care facility/developmentally disabled habilitative or an intermediate care faci…
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(a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations o…
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Each intermediate care facility/developmentally disabled-habilitative shall designate direct care st…
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No person shall be admitted, or accepted for care, or discharged, by a congregate living health faci…
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Pursuant to paragraph (3) of subdivision (a) and subdivision (b) of Section 1265.7, this section sha…
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(a) Congregate living health facilities shall be freestanding, but this does not preclude their loca…
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(a) A congregate living health facility which serves six or fewer persons shall be considered a resi…
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Each congregate living health facility shall conspicuously post the license, or a true copy thereof …
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Congregate living health facilities shall not be subject to architectural plan review by the Office …
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(a) At least 90 days prior to a finalization of the sale, transfer of operation, including managemen…
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(a) In the event of the sale, transfer of operation, including management changes, assignment, lease…
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(a) A licensee of an intermediate care facility/developmentally disabled habilitative, as defined in…
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(a) Upon the filing of the application for licensure or for a special permit for special services an…
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(a) Notwithstanding the provisions of Section 1268 requiring full compliance with this chapter and t…
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(a) Commencing October 1, 2011, as a requirement of initial licensure of an intermediate care facili…
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Immediately upon the denial of any application for a license or for a special permit for special ser…
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The provisions of this chapter do not apply to the following institutions: (a) Any facility conducte…
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(a) The Legislature finds and declares that uniform orientation and training are fundamental to ensu…
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(a) A health facility may place up to 50 percent of its licensed bed capacity in voluntary suspensio…
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(a) Notwithstanding any provision of law to the contrary, including, but not limited to, Section 127…
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(a) If a general acute care hospital or an acute psychiatric hospital submits a written application …
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Members of the committee shall serve without compensation, but shall receive the current per diem, s…
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The committee shall meet on call of the director but no less than one time per year.
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(a) (1) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing wit…
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(a) Notwithstanding any rules or regulations governing other health facilities, the regulations deve…
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(a) Notwithstanding any rules or regulations governing other health facilities, the regulations adop…
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(a) The State Department of Public Health and the State Department of Developmental Services shall j…
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(a) On or before January 1, 2017, each skilled nursing facility, as defined in subdivision (c) of Se…
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(a) The regulations relating to the licensing of hospitals, heretofore adopted by the State Departme…
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(a) A health facility licensed pursuant to subdivision (a) or (b) of Section 1250 may provide in any…
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(a) The Legislature makes the following findings and declarations: (1) The theft of newborn babies f…
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(a) On or before January 1, 2020, each general acute care hospital, as defined in subdivision (a) of…
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(a) A general acute care hospital shall inform a patient or the patient’s representative, at the tim…
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(a) (1) In the event of a declared emergency related to a communicable disease, a skilled nursing fa…
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(a) The building standards published in the California Building Standards Code by the Department of …
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In setting personnel standards for licensed health facilities pursuant to Section 1276, the departme…
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Standards and regulations adopted by the state department pursuant to Section 1276 shall not require…
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(a) The Legislature finds and declares that the citizens of California are in danger of being injure…
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(a) By January 1, 2002, the State Department of Public Health shall adopt regulations that establish…
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(a) The department shall adopt regulations setting forth the minimum number of equivalent nursing ho…
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(a) The Office of Statewide Health Planning and Development shall allow any general acute care hospi…
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Each facility shall certify, under penalty of perjury and to the best of their knowledge, on a form …
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(a) (1) On or before May 1, 2001, the department shall determine the need, and provide subsequent re…
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Notwithstanding any other provision of law, including, but not limited to, Section 1276, the followi…
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(a) A special treatment program service unit distinct part shall have a minimum 2.3 nursing hours pe…
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(a) For purposes of this section, the following definitions shall apply: (1) “Direct care service ho…
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(a) (1) The Skilled Nursing Facility Minimum Staffing Penalty Account is hereby established in the S…
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(a) No license shall be issued by the department unless it finds that the premises, the management, …
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Any officer, employee, or agent of the state department may, upon presentation of proper identificat…
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(a) The Legislature finds and declares that it is the public policy of the State of California to en…
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(a) Every health facility for which a license or special permit has been issued shall be periodicall…
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(a) A health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 shall report…
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(a) (1) In any case in which the department receives a report from a facility pursuant to Section 12…
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(a) By January 1, 2015, the department shall provide information regarding reports of substantiated …
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(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall develo…
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(a) A health facility, as defined in subdivision (a), (b), (c), or (f) of Section 1250, shall implem…
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(a) Every health facility, as defined in subdivision (c), (d), (e), (g), (h), (i), or (m) of Section…
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(a) The state department may provide consulting services upon request to any health facility to assi…
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(a) Subject to subdivision (d), prior to the effective date of regulations adopted to implement Sect…
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(a) No deficiency cited pursuant to paragraph (2) of subdivision (b) of Section 1280 or Section 1280…
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(a) Commencing on the effective date of the regulations adopted pursuant to this section, the direct…
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(a) If a licensee of a health facility licensed under subdivision (a), (b), or (f) of Section 1250 f…
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The state department shall accept, consider, and resolve written appeals by a licensee or health fac…
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In assessing an administrative penalty pursuant to Section 1280.1 or Section 1280.3 against a licens…
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(a) A clinic, health facility, home health agency, or hospice licensed pursuant to Section 1204, 125…
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For purposes of Sections 1280.17, 1280.18, 1280.19, and 1280.20, the following definitions apply: (a…
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(a) (1) The department may assess an administrative fine against any person or any provider of healt…
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(a) Every provider of health care shall establish and implement appropriate administrative, technica…
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(a) Effective July 1, 2025, the Internal Health Information Integrity Quality Improvement Account is…
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Notwithstanding any other law, the director may send a recommendation for further investigation of, …
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All public and private general acute care hospitals either shall comply with the standards for the e…
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(a) All general acute care hospitals with an emergency department shall adopt and implement policies…
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(a) The state department shall have the authority to contract for outside personnel to perform inspe…
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(a) No health facility shall surrender the physical custody of a minor under 16 years of age to any …
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A licensed inpatient mental health facility shall be subject to the provisions of Section 5622 of th…
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(a) No patient shall be detained in a health facility solely for the nonpayment of a bill. (b) For t…
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(a) Smoking a tobacco product shall be prohibited in patient care areas, waiting rooms, and visiting…
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(a) Except as provided in subdivision (b), the licensee of each skilled nursing or intermediate care…
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A health facility licensed under subdivision (a), (b), or (f) of Section 1250 shall post conspicuous…
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(a) By July 1, 2007, the department shall appoint a Healthcare Associated Infection Advisory Committ…
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(a) (1) Each general acute care hospital, in collaboration with infection prevention and control pro…
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By July 1, 2007, the department shall require that each general acute care hospital, in accordance w…
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(a) By January 1, 2008, the department shall take all of the following actions to protect against HA…
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By January 1, 2009, the department shall do all of the following: (a) Require each general acute car…
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For purposes of this article, the following definitions shall apply: (a) “Advisory committee” or “HA…
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(a) (1) Each health facility, as defined in paragraph (3) of subdivision (a) of Section 1255.8, shal…
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Each general acute care hospital, as defined in subdivision (a) of Section 1250, shall do all of the…
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(a) No later than January 1, 2010, a physician designated as a hospital epidemiologist or infection …
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(a) No owner, employee, agent, or consultant of a long-term health care facility, as defined in Sect…
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(a) A long-term health care facility, as defined in Section 1418, which fails to make reasonable eff…
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A theft and loss program shall be implemented by the long-term health care facilities within 90 days…
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No provision of a contract of admission, which includes all documents which a resident or his or her…
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(a) Except as provided in subdivision (b) or (c), any person who violates this chapter or Section 12…
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The director may bring an action to enjoin the violation or threatened violation of Section 1253 in …
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Any action brought by the director against a health facility shall not abate by reason of a sale or …
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The district attorney of every county shall, upon application by the state department or its authori…
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It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with…
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The state department may suspend or revoke any license or special permit issued under the provisions…
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The department may suspend or revoke any license or special permit issued under the provisions of th…
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Proceedings for the suspension, revocation, or denial of licenses or special permits under this chap…
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The director may temporarily suspend any license or special permit prior to any hearing, when in his…
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The withdrawal of an application for a license or a special permit after it has been filed with the …
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(a) (1) No person, firm, partnership, association, corporation, political subdivision of the state, …
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(a) Any licensee or holder of a special permit may, with the approval of the state department, surre…
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(a) Every insurer providing professional liability insurance to a health facility licensed pursuant …
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Notwithstanding any other provision of law, no insurer shall enter into a settlement exceeding three…
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The state department shall keep a record of all reports made pursuant to Section 1305.
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The state department shall notify every health facility licensed pursuant to this chapter and every …
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Before a person who is required to register as a sex offender under Section 290 of the Penal Code is…
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(a) Dental services, as defined in the Dental Practice Act, may be provided to a patient in a health…
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(a) The rules of a health facility shall include provisions for use of the facility by, and staff pr…
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(a) (1) Each health facility owned and operated by the state offering care or services within the sc…
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Notwithstanding any other provision of this chapter, the exercise of privileges in any health facili…
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(a) An adult patient who receives primary care services in a facility, clinic, unlicensed clinic, ce…
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(a) Emergency services and care shall be provided to any person requesting the services or care, or …
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Unless the context otherwise requires, the following definitions shall control the construction of t…
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A person needing emergency services and care shall not be transferred from a hospital to another hos…
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§ 1317.2a
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(a) As a condition of licensure, each hospital shall adopt, in consultation with the medical staff, …
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(a) All hospitals shall maintain records of each transfer made or received, including the “Memorandu…
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§ 1317.4a
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§ 1317.4b
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(a) All alleged violations of this article and the regulations adopted hereunder shall be investigat…
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§ 1317.5a
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(a) Hospitals found by the state department to have committed or to be responsible for a violation o…
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(a) This article does not preempt any county or any other governmental agency acting within its auth…
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If any provision of this article is declared unlawful or unconstitutional in any judicial action, th…
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§ 1317.9a
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Notwithstanding Sections 1317 and 1317.2, Stanford Hospital and Clinics and Lucile Packard Children’…
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(a) The director shall require as a condition precedent to the issuance, or renewal, of any license …
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The rules of a health facility may include provisions that require every member of the medical staff…
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A skilled nursing facility or intermediate care facility shall not require patients to purchase drug…
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No health facility shall advertise or represent in any way that it provides occupational therapy ser…
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A hospital which contracts with an insurer, nonprofit hospital service plan, or health care service …
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(a) A health facility, as defined by subdivisions (c) to (g), inclusive, of Section 1250, which has …
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(a) A general acute care hospital shall notify each patient scheduled for a service in a hospital-ba…
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For purposes of this article, the following definitions shall apply: (a) (1) “Gross receipts” means …
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(a) As a condition for participation in the Medi-Cal program, there shall be imposed each state fisc…
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(a) On or before August 31 of each year, each designated intermediate care facility subject to Secti…
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(a) The Director of Health Services, or his or her designee, shall administer this article. (b) The …
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(a) The quality assurance fee assessed and collected pursuant to this article shall be deposited in …
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(a) The Long-Term Care Quality Assurance Fund is hereby created in the State Treasury. Notwithstandi…
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In addition to the rate of payment that an eligible facility would otherwise receive for intermediat…
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(a) (1) The department shall seek approval from the federal Centers for Medicare and Medicaid Servic…
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In implementing this article, the department may utilize the services of the Medi-Cal fiscal interme…
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For purposes of this article, the following definitions shall apply: (a) (1) “Continuing care retire…
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(a) For facilities licensed under subdivision (c) of Section 1250, there shall be imposed each fisca…
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(a) The quality assurance fee, as calculated pursuant to Section 1324.21, shall be paid by the provi…
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(a) The Director of Health Care Services, or their designee, shall administer this article. (b) Notw…
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(a) The quality assurance fee assessed and collected pursuant to this article shall be deposited in …
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The funds assessed pursuant to this article shall be available to enhance federal financial particip…
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In implementing this article, the department may utilize the services of the Medi-Cal fiscal interme…
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(a) In implementing this article, the department shall seek any federal approvals it deems necessary…
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(a) This article shall be implemented as long as both of the following conditions are met: (1) The s…
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(a) The quality assurance fee shall cease to be assessed after December 31, 2026. (b) Notwithstandin…
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This article shall become inoperative after December 31, 2026, except that the department shall be a…
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The Legislature finds and declares that the transfer trauma which accompanies the abrupt and involun…
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(a) It is the intent of the Legislature in enacting this section to empower the state department to …
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As used in this article, “long-term health care facility” means any skilled nursing facility, interm…
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(a) Whenever circumstances exist indicating that continued management of a long-term health care fac…
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The state department shall investigate within 30 days of receipt of a complaint alleging that circum…
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In the event that the state department proceeds with a receivership petition, the state department s…
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Subdivision (b) of Section 1327 shall not be construed to prohibit the state department from includi…
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No person shall impede the operation of a receivership created under Section 1327. There shall be an…
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(a) Notwithstanding any other provision of law, the receiver shall be liable only for damages result…
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(a) When a receiver is appointed, the licensee may, at the discretion of the court, be divested of p…
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(a) A receiver may not be required to honor any lease, mortgage, or secured transaction entered into…
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A monthly accounting shall be made by the receiver to the state department of all moneys received an…
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(a) The receiver shall be appointed for an initial period of not more than six months. The initial s…
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The salary of the receiver shall be set by the court commensurate with long-term health care facilit…
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(a) To the extent state funds are advanced for the salary of the receiver or for other expenses in c…
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(a) Nothing in this article shall impair the right of the owner of a long-term health care facility …
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The state department shall adopt regulations for the administration of this article. Nothing in this…
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(a) Notwithstanding any other law, a long-term health care facility shall give written notice to the…
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(a) After notifying its affected residents, the facility shall, in response to inquiries made by pro…
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(a) Before residents are transferred due to any change in the status of the license or operation of …
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(a) In the event of an emergency, such as earthquake, fire, or flood that threatens the safety or we…
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Failure to comply with the requirements in Sections 1336 to 1336.3, inclusive, shall be subject to i…
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(a) The Legislature finds that the quality of patient care in skilled nursing and intermediate care …
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A skilled nursing facility or intermediate care facility shall adopt an approved training program th…
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(a) An applicant for certification as a certified nurse assistant shall comply with each of the foll…
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(a) (1) The department shall prepare and maintain a list of approved training programs for nurse ass…
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Every skilled nursing or intermediate care facility shall designate a licensed nurse as a director o…
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(a) Approved training programs shall be conducted during the normal working hours of the nurse assis…
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(a) Certificates issued under this article shall be renewed every two years and renewal shall be con…
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(a) The state department shall investigate complaints concerning misconduct by certified nurse assis…
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(a) The Legislature finds and declares all of the following: (1) Recidivism is reduced when criminal…
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(a) A person who provides instruction or training, at a skilled nursing facility or intermediate car…
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(a) An online or distance learning nurse assistant training program shall comply with all of the fol…
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(a) The state department shall, through the Medi-Cal program, provide rate adjustments to skilled nu…
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The state department shall assign sufficient qualified employees to supervise and evaluate training …
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(a) The state department shall convene a work group to develop recommendations to the department on …
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The State Director of Health Services may adopt emergency regulations pursuant to Chapter 3.5 (comme…
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(a) (1) (A) A criminal record clearance shall be conducted for all nurse assistants by the submissio…
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(a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required mini…
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The Legislature hereby finds and declares that: (a) In many areas, small, rural general acute care h…
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It is, therefore, the intent of the Legislature to designate certain general acute care hospitals as…
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As used in this article, unless otherwise indicated: (a) “Health systems agency” means a health syst…
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The state department shall administer the program authorized in this article. In administering the p…
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The Office of Statewide Health Planning and Development shall review and approve the number of swing…
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In order to be eligible for designation as a primary health service hospital, a hospital shall be li…
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(a) The department may request and maintain employment information for nurse assistants and direct c…
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Health systems agencies shall do all of the following: (a) Verify information in the health service …
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Any primary health service hospital, or any group thereof, may submit a health service plan to the s…
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A primary health service hospital may request waivers pursuant to subdivision (d) of Section 1339.7,…
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A primary health service hospital may amend its health service plan. Such amendments shall be subjec…
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The primary health service hospital shall operate under the following requirements: (a) The primary …
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(a) In accordance with the procedures prescribed in subdivision (h) of Section 1339.7, the state dep…
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Implementation of this article shall be consistent with federal rules and regulations in effect on J…
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A Special Hospital: Hospice Pilot Project is hereby created. This pilot project shall be established…
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For the purposes of this article, the following definitions shall apply: (a) “Hospice” means a speci…
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A special hospital: hospice shall be deemed to provide acute palliative care. All patients receiving…
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Notwithstanding any other provisions of law, in order to be licensed as a special hospital: hospice,…
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(a) Each facility that is part of the project shall report to the Legislature at the end of each yea…
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The project shall commence on January 1, 1990. However, the State Department of Health Services may …
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The fee for each new or renewal application for a license for a Special Hospital: Hospice Pilot Proj…
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For the purposes of this article, the following definitions apply: (a) “Bereavement services” has th…
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(a) A person, governmental agency, or political subdivision of the state shall not be licensed as a …
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(a) No private or public organization, including, but not limited to, any partnership, corporation, …
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(a) A hospice facility shall provide a home-like environment that is comfortable and accommodating t…
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(a) A hospice facility shall provide, or make provision for, all of the following services and requi…
§
This article shall be known and may be cited as the Payers’ Bill of Rights.
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(a) (1) Beginning July 1, 2004, a hospital, as defined in paragraph (2) of subdivision (b), shall ma…
§
A hospital may not condition acceptance of a contract with a health care service plan or health insu…
§
Any person may file a claim with the department alleging a violation of this article. The department…
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(a) Beginning July 1, 2004, each hospital shall file a copy of its charge description master annuall…
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(a) Each hospital shall compile a list of 25 common outpatient procedures and shall submit annually …
§
Any information provided by the office on its Internet Web site pursuant to Section 1339.56 or 1339.…
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(a) A hospital shall be in violation of this article if it knowingly or negligently fails to comply …
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(a) (1) As a condition of licensure under this division, every general acute care hospital, as defin…
§
Notwithstanding any other provision of law, a county may by ordinance establish a department of the …
§
(a) A health facility, clinic, physician’s office, or office of a group practice that uses generativ…
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Hospitals and other providers are not required to post, send, deliver, or otherwise provide the stat…
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For purposes of this chapter, “provider” means any professional person, organization, health facilit…
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The Legislature finds and declares both of the following: (a) It is in the state’s interest to encou…
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For the purposes of this chapter, the following definitions apply: (a) “Control” means to exercise t…
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(a) (1) By July 1, 2025, and annually, by July 1 thereafter, each licensed hospital with operating e…
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(a) The department shall convene a hospital diversity commission comprised of the public and health …
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(a) The department may, upon appropriation by the Legislature for this purpose, establish and operat…
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For a person without health coverage, a hospital shall provide the person with a written estimate of…
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This chapter shall be known and may be cited as the Knox-Keene Health Care Service Plan Act of 1975.
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(a) There is in state government, in the California Health and Human Services Agency, a Department o…
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The director shall have his or her principal office in the City of Sacramento, and may establish bra…
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In accordance with the laws governing the state civil service, the director shall employ and, with t…
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The director shall adopt a seal bearing the inscription: “Director, Department of Managed Health Car…
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(a) In order to effectively support the Department of Managed Health Care in the administration of t…
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(a) The director, as a general rule, shall publish or make available for public inspection any infor…
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(a) The Attorney General shall render to the director opinions upon all questions of law, relating t…
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(a) Neither the director nor any of the director’s assistants, clerks, or deputies shall be interest…
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The director shall have the powers of a head of a department pursuant to Chapter 2 (commencing with …
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The director and department succeed to, and are vested with, all duties, powers, purposes, responsib…
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The department may use the unexpended balance of funds available for use in connection with the perf…
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All officers and employees of the Department of Corporations who, on the operative date of this sect…
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The department shall have possession and control of all records, papers, offices, equipment, supplie…
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All officers or employees of the department employed after the operative date of this section shall …
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(a) Any regulation, order, or other action, adopted, prescribed, taken, or performed by the Departme…
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(a) There is hereby created in the State Treasury the Managed Care Administrative Fines and Penaltie…
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It is the intent and purpose of the Legislature to promote the delivery and the quality of health an…
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(a) Notwithstanding any other law, a health care service plan contract that covers medical, surgical…
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(a) A health care service plan contract that covers medical, surgical, and hospital benefits, exclud…
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(a) The Department of Managed Health Care and the Department of Insurance shall maintain a joint sen…
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The director shall consult with the Insurance Commissioner prior to adopting any regulations applica…
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It is the intent of the Legislature to ensure that the citizens of this state receive high-quality h…
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(a) The Legislature finds that in enacting Sections 1367.215, 1367.25, 1367.45, 1367.51, and 1374.72…
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The State Department of Health Services and the department shall coordinate, to the extent feasible,…
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(a) The Legislature hereby finds and declares all of the following: (1) The federal Patient Protecti…
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(a) (1) With respect to an individual or group health care service plan contract subject to Section …
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(a) (1) Notwithstanding Section 1342.71, a health care service plan shall not subject antiretroviral…
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(a) Notwithstanding any other law, a group or individual health care service plan offering an outpat…
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(a) This chapter shall apply to health care service plans and specialized health care service plan c…
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This chapter shall not apply to any program developed under the authority of Chapter 8.75 (commencin…
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(a) The director, no later than May 1, 2021, may authorize one pilot program in southern California …
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In any proceeding under this chapter, the burden of proving an exemption or an exception from a defi…
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(a) The director may from time to time adopt, amend, and rescind any rules, forms, and orders that a…
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As used in this chapter: (a) “Advertisement” means any written or printed communication or any commu…
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(a) “Minimum essential coverage” means any of the following: (1) Coverage under any of the following…
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(a) The director shall administer and enforce this chapter and shall have the following powers: (1) …
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The department shall maintain a database indicating for each county, the names of the health care se…
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The director shall, in coordination with the Insurance Commissioner, review the Internet portal deve…
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(a) The Legislature finds and declares all of the following: (1) That millions of Californians are i…
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If the director determines that an entity purporting to be a health care service plan exempt from th…
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(a) A health care service plan providing individual coverage in the Exchange shall cooperate with re…
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(a) (1) Beginning on July 1, 2023, and annually thereafter, a health care service plan providing a q…
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(a) There is hereby established in the Department of Managed Health Care the Financial Solvency Stan…
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(a) Every health care service plan licensed to do business in this state shall establish an antifrau…
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A health care service plan shall comply with the provisions of Section 56.107 of the Civil Code to t…
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(a) No contract between a health care service plan and a physician, physician group, or other licens…
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(a) A health care service plan that provides, operates, or contracts for telephone medical advice se…
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(a) On or before July 1, 2003, the director shall adopt regulations to establish the Consumer Partic…
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(a) Commencing March 1, 2013, and at least annually thereafter, a health care service plan, not incl…
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Any data submitted by a health care service plan to the United States Secretary of Health and Human …
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It is unlawful for any person to engage in business as a plan in this state or to receive advance or…
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A health care service plan which satisfies both of the following criteria is exempt from Section 134…
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(a) A health care service plan, including a self-insured reimbursement plan that pays for or reimbur…
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(a) Consistent with federal law, a sponsor of a prescription drug plan authorized by the federal Med…
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Each application for licensure as a health care service plan or specialized health care service plan…
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In addition to the requirements of Section 1351 and upon request of the director, each application s…
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(a) If a prepaid health plan operating lawfully under the laws of Mexico elects to operate a health …
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On and after January 1, 2007, the department, in considering an application for an initial license f…
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(a) A licensed plan shall, within 30 days after any change in the information contained in its appli…
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(a) Except as provided in subdivision (b), no plan shall enter into any new or modified plan contrac…
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The director shall issue a license to any person filing an application pursuant to this article, if …
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Upon denial of application for licensure, or the issuance of an order pursuant to Section 1352 disap…
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Every plan’s license issued under this chapter shall remain in effect until revoked or suspended by …
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(a) Each plan applying for licensure under this chapter shall reimburse the director for the actual …
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Notwithstanding subdivision (f) of Section 1356, as amended by Section 2.5 of Chapter 722 of the Sta…
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The director, by notice to all licensed health care service plans on or before October 15, 2010, may…
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(a) For the 2025–26 to 2026–27 fiscal years, inclusive, a health care service plan licensed by the d…
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As used in this article: (a) “Dependent” means the spouse or child of an eligible employee, subject …
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Every health care service plan offering plan contracts to small employer groups shall in addition to…
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(a) A health care service plan providing or arranging for the provision of basic health care service…
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(a) (1) Upon the effective date of this article, a plan shall fairly and affirmatively offer, market…
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(a) After a small employer submits a completed application form for a plan contract, the plan shall,…
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Except in the case of a late enrollee, or for satisfaction of a preexisting condition clause in the …
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(a) (1) Preexisting condition provisions of a plan contract shall not exclude coverage for a period …
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No plan contract may exclude late enrollees from coverage for more than 12 months from the date of t…
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All health care service plan contracts offered to a small employer shall provide to subscribers and …
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No plan shall be required to offer a health care service plan contract or accept applications for th…
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The director may require a plan to discontinue the offering of contracts or acceptance of applicatio…
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Premiums for contracts offered or delivered by plans on or after the effective date of this article …
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Plans shall apply standard employee risk rates consistently with respect to all small employers.
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In connection with the offering for sale of any plan contract to a small employer, each plan shall m…
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(a) At least 20 business days prior to renewing or amending a plan contract subject to this article …
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(a) Health care service plans may enter into contractual agreements with qualified associations, as …
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The director may issue regulations that are necessary to carry out the purposes of this article. Pri…
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This article shall not apply to a health care service plan contract that is subject to Article 3.16 …
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Nothing in this article shall be construed to preclude the application of this chapter to either of …
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(a) Between July 26, 1993, and October 24, 1993, as well as 60 days prior to the expiration of an ex…
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(a) For purposes of this article, the following definitions shall apply: (1) “Health benefit plan” m…
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(a) A health benefit plan for group coverage shall not impose any preexisting condition provision or…
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A health benefit plan for group coverage shall not establish rules for eligibility, including contin…
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This article shall become operative on January 1, 2014.
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As used in this article, the following definitions shall apply: (a) “Child” means a child described …
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This article shall apply only to nongrandfathered small employer health care service plan contracts …
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(a) A health care service plan providing or arranging for the provision of essential health benefits…
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Nothing in this article shall be construed to preclude the application of this chapter to either of …
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(a) (1) Each plan shall fairly and affirmatively offer, market, and sell all of the plan’s small emp…
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(a) (1) Each plan shall fairly and affirmatively offer, market, and sell all of the plan’s small emp…
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(a) For plan contracts subject to this article, an association that meets the definition of a guaran…
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(a) With respect to small employer health care service plan contracts offered outside the Exchange, …
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(a) Notwithstanding paragraph (2) of subdivision (a) of Section 1357.503, an association of employer…
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A small employer health care service plan contract shall not impose a preexisting condition provisio…
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Nothing in this article shall be construed as prohibiting a health care service plan from restrictin…
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A small employer health care service plan contract shall provide to subscribers and enrollees at lea…
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(a) To the extent permitted by PPACA, a plan shall not be required to offer a health care service pl…
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The director may require a plan to discontinue the offering of contracts or acceptance of applicatio…
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(a) The premium rate for a small employer health care service plan contract issued, amended, or rene…
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In connection with the offering for sale of a small employer health care service plan contract subje…
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(a) At least 20 business days prior to renewing or amending a plan contract subject to this article …
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(a) Health care service plans may enter into contractual agreements with qualified associations, as …
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As used in this article, the following definitions shall apply: (a) “Dependent” means the spouse or …
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This article shall apply only to grandfathered small group health care service plan contracts and on…
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(a) A health care service plan providing or arranging for the provision of basic health care service…
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Nothing in this article shall be construed to preclude the application of this chapter to either of …
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(a) (1) A plan shall fairly and affirmatively renew a grandfathered health plan contract with a smal…
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(a) For plan contracts expiring after July 1, 1994, 60 days prior to July 1, 1994, an association th…
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A small employer health care service plan contract shall not impose a preexisting condition provisio…
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Nothing in this article shall be construed as prohibiting a health care service plan from restrictin…
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All grandfathered small employer health care service plan contracts shall provide to subscribers and…
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(a) No plan shall be required by the provisions of this article: (1) To offer coverage under a small…
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(a) The director may require a plan to discontinue the renewal of grandfathered small employer healt…
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Premiums for grandfathered contracts renewed by plans on or after January 1, 2014, shall be subject …
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Plans shall apply standard employee risk rates consistently with respect to all small employers.
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In connection with the renewal of a grandfathered small employer health care service plan contract, …
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(a) At least 20 business days prior to renewing or amending a small employer health care service pla…
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(a) Health care service plans may enter into contractual agreements with qualified associations, as …
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(a) The department may adopt emergency regulations implementing this article no later than August 31…
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Every health care service plan that offers any contract that primarily or solely supplements Medicar…
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The purpose of this article is to provide for the reasonable standardization of coverage and simplif…
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(a) Except as otherwise provided in this section or in Sections 1358.7, 1358.12, 1358.13, 1358.16, a…
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The following definitions apply for the purposes of this article: (a) “Applicant” means: (1) An indi…
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(a) A contract shall not be advertised, solicited, or issued for delivery as a Medicare supplement c…
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(a) (1) Except for permitted preexisting condition clauses as described in Sections 1358.7, 1358.8, …
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A contract shall not be advertised, solicited, or issued for delivery as a Medicare supplement contr…
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The following standards are applicable to all Medicare supplement contracts advertised, solicited, o…
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The following standards are applicable to all Medicare supplement contracts delivered or issued for …
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(a) (1) This section shall apply to Medicare Select contracts, as defined in this section. (2) A con…
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(a) (1) An issuer shall not deny or condition the offering or effectiveness of any Medicare suppleme…
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(a) (1) With respect to the guaranteed issue of a Medicare supplement contract, eligible persons are…
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(a) An issuer shall comply with Section 1882(c)(3) of the federal Social Security Act (as enacted by…
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(a) (1) (A) With respect to loss ratio standards, a Medicare supplement contract shall not be advert…
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(a) An issuer shall not advertise, solicit, or issue for delivery a Medicare supplement contract to …
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(a) An issuer or other entity may provide a commission or other compensation to a solicitor or other…
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(a) (1) Medicare supplement contracts shall include a renewal or continuation provision. The languag…
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In the interest of full and fair disclosure, and to ensure the availability of necessary consumer in…
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An issuer shall provide a copy of any Medicare supplement advertisement intended for use in this sta…
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(a) An issuer, directly or through solicitors or other representatives, shall do each of the followi…
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(a) In recommending the purchase or replacement of any Medicare supplement coverage, an issuer or it…
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(a) On or before March 1 of each year, an issuer shall report the following information for every in…
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(a) If a Medicare supplement contract replaces another Medicare supplement policy or certificate, or…
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This section applies to all contracts that become effective on or after May 21, 2009. (a) In additio…
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The following standards are applicable to all Medicare supplement contracts delivered or issued for …
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The following standards are applicable to all Medicare supplement contracts delivered or issued for …
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The following standards are applicable to all Medicare supplement policies or certificates delivered…
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(a) The calculation of actual or expected loss ratios shall be pursuant to the formula in subdivisio…
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The following format shall be used for reporting loss ratio experience: MEDICARE SUPPLEMENT HEALTH C…
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(a) Every issuer shall, by June 30 of each year, file with the director a list of its Medicare suppl…
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(a) The director may require that solicitors and solicitor firms, and principal persons engaged in t…
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(a) No plan, solicitor, solicitor firm, or representative shall use or permit the use of any adverti…
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It is unlawful for any person, including a plan, subject to this chapter to represent or imply in an…
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(a) For purposes of this section, “Exchange” means the California Health Benefit Exchange establishe…
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(a) Except as provided in subdivision (b), no plan shall publish or distribute, or allow to be publi…
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(a) It is an unfair business practice for a solicitor, solicitor firm, or representative of a health…
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As used in Sections 1363 and 1364: (a) “Benefits and coverage” means the health care services availa…
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(a) (1) The director shall require the use by each plan of disclosure forms or materials containing …
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(a) Every plan that covers prescription drug benefits shall provide notice in the evidence of covera…
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Any health care service plan that includes terms that require binding arbitration to settle disputes…
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On or before July 1, 1999, the disclosure form required pursuant to Section 1363 shall also contain …
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(a) The Legislature finds and declares that the right of every patient to receive basic information …
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(a) Every health care service plan that covers prescription drug benefits and that issues a card to …
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(a) The department may develop standard templates for a schedule of benefits, an explanation of bene…
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(a) For plan years on and after January 1, 2021, or 12 months after regulations are adopted under su…
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(a) A plan shall disclose or provide for the disclosure to the director and to network providers the…
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(a) For every plan contract that provides or supplements Medicare benefits, a plan shall include wit…
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(a) The Department of Managed Health Care and the Department of Insurance shall compile information …
§
(a) Each health care service plan shall send copies of the comparative benefit matrix prepared pursu…
§
Where the director finds it necessary in the interest of full and fair disclosure, all advertising a…
§
Within 30 days of receiving the notice required by Section 1255.1, a health care service plan shall …
§
(a) On or before July 1, 2001, every health care service plan shall file with the director a copy of…
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(a) An enrollment or a subscription shall not be canceled or not renewed except for the following re…
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(a) No health care service plan or specialized health care service plan shall refuse to enter into a…
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(a) No plan may use in its name, any of the words “insurance,” “casualty,” “surety,” “mutual,” or an…
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(a) The department shall adopt regulations on or before July 1, 2003, that establish an extended geo…
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(a) The department shall adopt regulations on or before July 1, 2003, that establish an extended geo…
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(a) A full health care service plan shall make available to a group subscriber, upon request, the te…
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(a) On and after January 1, 2005, a health care service plan issuing individual plan contracts that …
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(a) A medical group, physician, or independent practice association that contracts with a health car…
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(a) For purposes of this section, the following definitions shall apply: (1) “Exchange” means the Ca…
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(a) For purposes of this section, the following definitions shall apply: (1) “Exchange” means the Ca…
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(a) This article shall be known as the California Continuation Benefits Replacement Act, or “Cal-COB…
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The definitions contained in this section govern the construction of this article. (a) “Continuation…
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The continuation coverage requirements of this article do not apply to the following individuals: (a…
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(a) Every health care service plan, including a specialized health care service plan contract, that …
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(a) Every health care service plan evidence of coverage, provided for group benefit plans subject to…
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(a) Every group contract between a health care service plan and an employer subject to this article …
§
A qualified beneficiary electing continuation coverage shall pay to the health care service plan, on…
§
(a) The continuation coverage provided pursuant to this article shall terminate at the first to occu…
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A health care service plan subject to this article shall not be obligated to provide continuation co…
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(a) A health care service plan shall offer an enrollee who has exhausted continuation coverage under…
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(a) A health care service plan providing coverage for hospital, medical, or surgical benefits under …
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(a) (1) On and after January 1, 2014, a health care service plan providing individual or group healt…
§
A health care service plan and, if applicable, a specialized health care service plan shall meet the…
§
(a) A health care service plan and any entity with which it contracts for services that include util…
§
Subdivision (i) of Section 1367 shall apply to transitionally licensed plans only insofar as it rela…
§
(a) An individual or group health care service plan contract shall not establish either of the follo…
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(a) On and after January 1, 1990, every health care service plan that covers hospital, medical, or s…
§
(a) On or before July 1, 1999, for purposes of public disclosure, every health care service plan sha…
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(a) A group or individual nongrandfathered health care service plan contract shall, at a minimum, pr…
§
(a) A health care service plan that provides or arranges for the provision of hospital or physician …
§
(a) Every health care service plan that covers hospital, medical, or surgical expenses on a group ba…
§
(a) A health care service plan that issues, sells, renews, or offers health care service plan contra…
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(a) Not later than January 1, 2006, the department shall develop and adopt regulations establishing …
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(a) A health care service plan that issues, sells, renews, or offers a contract covering dental serv…
§
No plan issuing, providing, or administering any contract of individual or group coverage providing …
§
(a) An individual or small group health care service plan contract issued, amended, or renewed on or…
§
No health care service plan contract that is issued, amended, renewed, or delivered on and after Jan…
§
(a) Nothing in this chapter shall prohibit a health care service plan from entering into a contract …
§
(a) Every health care service plan contract, except a specialized health care service plan contract,…
§
(a) A health care service plan contract, except a specialized health care service plan contract, tha…
§
(a) This section shall apply to nongrandfathered individual and group health care service plan contr…
§
On and after January 1, 1980, every health care service plan contract that covers hospital, medical,…
§
(a) (1) For a small employer health care service plan contract offered, sold, or renewed on or after…
§
Within one year after a health care service plan’s assessment pursuant to subdivision (b) of Section…
§
No plan issuing, providing, or administering any individual or group health care service plan entere…
§
(a) Levels of coverage for the nongrandfathered individual market are defined as follows: (1) Bronze…
§
A health care service plan shall annually disclose to the governing board of a public agency that is…
§
(a) Levels of coverage for the nongrandfathered small group market are defined as follows: (1) Bronz…
§
(a) An enrollee with coverage for Medicare benefits who is discharged from an acute care hospital sh…
§
No health care service plan contract which covers hospital, medical, or surgical expenses shall be i…
§
(a) (1) A nongrandfathered health care service plan, except a health care service plan offering a sp…
§
(a) Every health care service plan shall include within its disclosure form and within its evidence …
§
No health care service plan that administers Medicare coverage and federal employee programs may req…
§
(a) (1) A small employer health care service plan contract in effect on December 31, 2013, and still…
§
(a) This section shall apply to individual health care service plan contracts and plan contracts sol…
§
In addition to complying with subdivision (h) of Section 1367.01, in determining whether to approve,…
§
(a) A health care service plan shall accept premium payments from the following third-party entities…
§
(a) Every health care service plan, except a specialized health care service plan, that covers hospi…
§
On and after January 1, 1991, every health care service plan, except a specialized health care servi…
§
Every health care service plan that provides prescription drug benefits and maintains one or more dr…
§
(a) A health care service plan contract that covers prescription drug benefits shall not be issued, …
§
(a) A health care service plan contract, issued, amended, or renewed on or after July 1, 1999, that …
§
(a) On and after January 1, 1994, every group health care service plan contract, which is issued, am…
§
(a) Every health care service plan that provides prescription drug benefits shall maintain an expedi…
§
(a) A group health care service plan contract, except for a specialized health care service plan con…
§
(a) On or before July 1, 2026, the department shall issue instructions to health care service plans …
§
(a) Commencing July 1, 2016, a health care service plan shall publish and maintain a provider direct…
§
Within six months after the department issues guidance pursuant to paragraph (1) of subdivision (e) …
§
(a) On and after July 1, 2011, in accordance with subdivision (b), a health care service plan that p…
§
Notwithstanding any other provision of law, every group health care service plan contract marketed, …
§
(a) A health care service plan contract that is issued, renewed, or amended on or after July 1, 2017…
§
(a) Every health care service plan contract issued, amended, renewed, or delivered on or after Janua…
§
(a) A health care service plan that provides health coverage to the employees of a religious employe…
§
Notwithstanding any other law, a plan directly operated by a bona fide public or private institution…
§
(a) (1) Every health care service plan contract issued, amended, renewed, or delivered on or after J…
§
(a) On and after January 1, 1993, every health care service plan that covers hospital, medical, or s…
§
(a) As part of the reports submitted to the department pursuant to subdivision (f) of Section 1367.0…
§
(a) A risk-based contract between a health care service plan and a physician or physician group that…
§
(a) (1) A health care service plan contract issued, amended, or renewed on or after July 1, 2025, ex…
§
(a) A health care service plan contract issued, amended, or renewed on or after January 1, 2025, sha…
§
(a) A health care service plan contract issued, amended, or renewed on or after January 1, 2022, tha…
§
(a) A health care service plan that advertises or markets products in the individual or small group …
§
(a) Commencing January 1, 2017, a health care service plan shall maintain a pharmacy and therapeutic…
§
(a) A health care service plan shall notify enrollees and members of the public of all of the follow…
§
(a) For plan years commencing on or after January 1, 2017, a plan that provides essential health ben…
§
Commencing January 1, 2019, a health care service plan shall prorate an enrollee’s cost sharing for …
§
(a) (1) Within six months after the department issues guidance pursuant to paragraph (1) of subdivis…
§
(a) If a health care service plan contract offered, issued, delivered, amended, or renewed on or aft…
§
(a) Every individual or group health care service plan contract that is issued, amended, or renewed …
§
Every individual or group health care service plan contract that is issued, amended, or renewed on o…
§
(a) The maximum amount a health care service plan may require an enrollee to pay at the point of sal…
§
(a) A contract issued, amended, renewed, or delivered on or after January 1, 2015, by or on behalf o…
§
(a) No contract in existence or issued, amended, or renewed on or after January 1, 2013, between a h…
§
(a) A health care service plan contract, except a specialized health care service plan contract, tha…
§
(a) Every group health care service plan contract that provides maternity benefits, except for a spe…
§
Every health care service plan contract which provides for the surgical procedure known as a larynge…
§
(a) For a health care service plan contract issued, amended, or renewed on or after July 1, 2022, in…
§
(a) No health care service plan contract that is issued, amended, renewed, or delivered on or after …
§
(a) Every health care service plan contract, except a specialized health care service plan contract,…
§
(a) Every individual or group health care service plan contract, except for a specialized health car…
§
(a) On or after January 1, 2000, each health care service plan contract, except a specialized health…
§
(a) Every individual or group health care service plan contract, except for a specialized health car…
§
Every health care service plan contract that provides hospital, medical, or surgical coverage, that …
§
(a) Any provision in a health care service plan contract entered into, amended, or renewed in this s…
§
(a) On or after January 1, 1995, every health care service plan contract that provides hospital, med…
§
(a) Every health care service plan contract, other than a specialized health care service plan contr…
§
Notwithstanding paragraph (1) of subdivision (b) of Section 1367.008 and paragraph (1) of subdivisio…
§
(a) In addition to the list required to be provided under Section 1367.20, a health care service pla…
§
(a) If there is more than one drug that is clinically appropriate for the treatment of a medical con…
§
(a) A health care service plan contract issued, amended, delivered, or renewed on or after July 1, 2…
§
(a) Every health care service plan contract that covers prescription drug benefits shall provide cov…
§
(a) Notwithstanding any other law, on and after January 1, 2013, a health care service plan that pro…
§
(a) (1) A health care service plan that reports rate information pursuant to Section 1385.03 or 1385…
§
(a) A request for an exception to a health care service plan’s step therapy process for prescription…
§
(a) (1) A health care service plan, except for a specialized health care service plan contract, that…
§
(a) (1) A health care service plan contract issued, amended, renewed, or delivered on or after Janua…
§
The provision of medically necessary pasteurized donor human milk obtained from a tissue bank licens…
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(a) A health care service plan shall develop a maternal mental health program designed to promote qu…
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(a) (1) On or before January 1, 2025, a health care service plan shall develop a maternal and infant…
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(a) A contract between a health care service plan and a health care provider issued, amended, or ren…
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(a) Every health care service plan contract that is issued, amended, renewed, or delivered on or aft…
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(a) Notwithstanding any other law, an individual or group health care service plan contract issued, …
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(a) A health care service plan contract, except for a specialized health care service plan contract,…
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(a) A health care service plan contract, except for a specialized health care service plan contract,…
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(a) Every health care service plan contract, except a specialized health care service plan contract,…
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(a) The Legislature finds and declares that the unique, private, and personal relationship between w…
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(a) A health care service plan contract issued, amended, or renewed on or after January 1, 2026, tha…
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(a) Every plan shall do all of the following: (1) Establish and maintain a grievance system approved…
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(a) A plan that denies coverage to an enrollee with a terminal illness, which for the purposes of th…
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(a) The grievance system shall require the plan to resolve grievances within 30 days, except as prov…
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(a) On and after January 1, 2002, every group health care service plan contract, except a specialize…
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(a) The director shall establish and maintain a toll-free telephone number for the purpose of receiv…
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(a) The department may require enrollees and subscribers to participate in a plan’s grievance proces…
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(a) The director shall investigate and take enforcement action against plans regarding grievances re…
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(a) (1) By enacting this section, which was originally enacted by Assembly Bill 922 (Chapter 552 of …
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(a) Every health care service plan that offers coverage for a service that is within the scope of pr…
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(a) A health care service plan shall provide an enrollee who has been displaced or whose health may …
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(a) Effective July 1, 2003, every plan with an internet website shall provide an online form through…
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(a) A health care service plan that provides coverage for professional mental health services, inclu…
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(a) (1) A health care service plan shall provide to enrollees a written or electronic notice regardi…
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Every plan shall establish procedures to permit subscribers and enrollees to participate in establis…
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Every plan shall establish procedures in accordance with department regulations for continuously rev…
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Nothing in this article shall be construed to prevent a plan from utilizing subcommittees to partici…
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Upon an appeal to the plan of a contested claim, the plan shall refer the claim to the medical direc…
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(a) Every health care service plan shall provide an external, independent review process to examine …
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(a) An individual or group health care service plan contract that is issued, amended, or renewed on …
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(a) (1) A health care service plan, including a specialized health care service plan, shall reimburs…
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(a) (1) Whenever a health care service plan, including a specialized health care service plan, deter…
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No health care service plan, including a specialized health care service plan, shall request reimbur…
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On and after January 1, 1994, every group health care service plan that provides hospital, medical, …
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(a) A health care service plan that covers hospital, medical, or surgical expenses, or its contracti…
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(a) No health care service plan that provides basic health care services shall require prior authori…
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A health care service plan that authorizes a specific type of treatment by a provider shall not resc…
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(a) (1) Except as provided in subdivision (c), a health care service plan contract issued, amended, …
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(a) The following definitions shall apply for purposes of this section: (1) (A) “Affirmative consent…
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If a contract between a health care service plan and a provider requires that the provider accept, a…
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A plan, any entity contracting with a plan, and providers are each responsible for their own acts or…
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(a) (1) By September 1, 2017, the department shall establish an independent dispute resolution proce…
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(a) (1) For services rendered subject to Section 1371.9, effective July 1, 2017, unless otherwise ag…
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(a) A complaint made by an enrollee to a health care service plan about a delay or denial of a payme…
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(a) (1) A health care service plan, including a specialized health care service plan, shall reimburs…
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(a) A health care service plan shall not deny payment of a claim on the basis that the plan, medical…
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(a) A health care service plan is prohibited from engaging in an unfair payment pattern, as defined …
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(a) The department shall, on or before July 1, 2001, adopt regulations that ensure that plans have a…
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(a) Providers may report to the department through the toll-free provider line, email address, or an…
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(a) A health care service plan contract issued, amended, or renewed on or after July 1, 2025, shall …
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(a) (1) Notwithstanding Section 1367.11, a health care service plan contract issued, amended, or ren…
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(a) (1) Unless otherwise required by this chapter, a health care service plan contract issued, amend…
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Subject to the applicable provisions of this chapter, a plan may offer one or more plan contracts or…
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(a) (1) A plan contract may not provide an exception for other coverage if the other coverage is ent…
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Every group plan entered into, amended, or renewed on or after January 1, 1977, which provides hospi…
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Every group health care service plan entered into, amended, or renewed on or after January 1, 1976, …
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An enrollee shall not be prohibited from selecting as a primary care physician any available primary…
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(a) No health care service plan contract that is issued, amended, renewed, or delivered on or after …
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When spouses are both employed as employees, and both have enrolled themselves and their eligible fa…
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This section does not apply to a specialized health care service plan contract or to a plan contract…
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A health care service plan contract, which is written or issued for delivery outside of California a…
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A health care service plan contract where the plan is licensed to do business in this state and the …
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(a) Except in the case of a specialized health care service plan, a health care service plan which n…
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(a) On and after January 1, 1985, every health care service plan, that is not a health maintenance o…
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A health care service plan that offers or provides one or more podiatry services, as defined in Sect…
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A health care service plan which offers or provides one or more chiropractic services, as defined in…
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(a) It is the intent of the Legislature that all persons licensed in this state to engage in the pra…
§
Except for a preexisting condition, any health care service plan, except a specialized health care s…
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Whenever any health care service plan, except a specialized health care service plan, negotiates and…
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Any health care service plan that includes a term that requires the parties to submit to binding arb…
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(a) If a plan uses arbitration to settle disputes with enrollees or subscribers, and does not use a …
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(a) If a health care service plan uses arbitration to settle disputes with enrollees or subscribers,…
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(a) At least 75 days before the termination date of its contract with a provider group or a general …
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(a) (1) A health care service plan, other than a specialized health care service plan that offers pr…
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(a) A health care service plan shall, at the request of an enrollee, provide for the completion of c…
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(a) (1) At least 60 days prior to the plan renewal date, a health care service plan that does not ot…
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(a) Except for a specialized health care service plan, every health care service plan contract that …
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(a) (1) After the termination of the pilot program under Section 1373.62, a health care service plan…
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If a health care service plan entered into, amended, or renewed in this state on or after the effect…
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(a) An individual health care service plan contract issued, amended, or renewed on or after January …
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Notwithstanding any other provision of this chapter or of a health care service plan contract, every…
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A health care service plan, which is issued, renewed, or amended on or after January 1, 1988, which …
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(a) No plan shall refuse to enroll any person or accept any person as a subscriber or renew any pers…
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(a) A health care service plan shall not release any information to an employer that would directly …
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For violations of Section 1374.7, the director may, after appropriate notice and opportunity for hea…
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(a) Every health care service plan that covers hospital, medical or surgical expenses and which is n…
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No health care service plan shall deny a claim for hospital, medical, surgical, dental, or optometri…
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No health care service plan contract issued, entered into, or renewed on or after July 1, 1984, shal…
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(a) For the purposes of this section, the definitions in subdivision (a) of Section 2290.5 of the Bu…
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(a) (1) A contract between a health care service plan and a health care provider for the provision o…
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Any health care service plan shall, upon request by any public entity or political subdivision of th…
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(a) Every health care service plan, except a specialized health care service plan, shall establish a…
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(a) A health care service plan shall not deny coverage that is otherwise available under the plan co…
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(a) To assist a provider in determining if an enrollee’s health care service plan coverage is regula…
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(a) This section shall only apply to a health care service plan covering dental services or a specia…
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(a) No group health care service plan shall change the premium rates or applicable copayments or coi…
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(a) (1) A change in premium rates or changes in coverage stated in a small group health care service…
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(a) The written notice described in subdivision (a) of Section 1374.21 shall be delivered by mail at…
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Notwithstanding subdivision (a) of Section 1374.22, if the plan does not guarantee either premium ra…
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There shall be no liability on the part of, and no cause of action of any nature shall arise against…
§
Proof of mailing a notice and the reason therefor to the appropriate entity or individual at the mos…
§
The director may, as required by this article, or from time to time as conditions warrant, pursuant …
§
The director may levy administrative penalties and may suspend or revoke the license or licenses iss…
§
In addition to any other penalty provided by law or the availability of any administrative procedure…
§
The purpose of this article is to promote the public interest, to prevent unfair and unlawful health…
§
(a) Commencing January 1, 2001, there is hereby established in the department the Independent Medica…
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(a) If there is an imminent and serious threat to the health of the enrollee, as specified in subdiv…
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(a) The department shall contract with one or more independent medical review organizations in the s…
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(a) Upon receipt of information and documents related to a case, the medical professional reviewer o…
§
(a) Upon receiving the decision adopted by the director pursuant to Section 1374.33 that a disputed …
§
(a) After considering the results of a competitive bidding process and any other relevant informatio…
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(a) The director shall submit to the Legislature by March 1, 2002, a report on the initial implement…
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No plan may utilize any information regarding whether an enrollee’s psychiatric inpatient admission …
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(a) (1) A large group health care service plan contract, except a specialized health care service pl…
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(a) On and after July 1, 2000, every health care service plan contract, except a specialized health …
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(a) No group health care service plan that provides hospital, medical, or surgical expense benefits …
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(a) A group health care service plan that provides hospital, medical, or surgical expense benefits s…
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For purpose of this article, the following definitions shall apply: (a) A “point-of-service plan con…
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A point-of-service plan contract, in which any risk for out-of-network coverage or services is trans…
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(a) Only a plan that has been licensed under this chapter and in operation in this state for a perio…
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Point-of-service plan contracts shall: (a) Provide incentives, including financial incentives, for e…
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Any health care service plan that offers a point-of-service plan contract may do all of the followin…
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A health care service plan offering a point-of-service plan contract is subject to the following lim…
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A health care service plan that offers a point-of-service plan contract shall do all of the followin…
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At least 20 business days prior to offering a point-of-service plan contract, a health care service …
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No plan formerly registered under the Knox-Mills Health Plan Act (Article 2.5 (commencing with Secti…
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(a) (1) Every health care service plan contract issued, amended, or renewed on or after January 1, 2…
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(a) (1) Every health care service plan contract that provides hospital, medical, or surgical coverag…
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(a) The department, in consultation with the Department of Insurance, shall convene an Autism Adviso…
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(a) No health care service plan shall deny, refuse to enroll, refuse to renew, cancel, restrict, or …
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(a) No later than January 1, 2015, a large group health care service plan contract shall provide all…
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(a) If a health care service plan offers a service via telehealth to an enrollee through a third-par…
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(a) A health care service plan that issues, sells, renews, or offers a plan contract covering dental…
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(a) Notwithstanding any other law, a health care service plan, including a specialized health care s…
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(a) A health care service plan that issues, sells, renews, or offers a plan contract covering dental…
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(a) The following definitions shall apply for purposes of this section: (1) “Dental waiting period p…
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(a) With respect to a contract between a health care service plan or specialized health care service…
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(a) Commencing January 1, 2027, or when final federal rules are implemented, whichever occurs later,…
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(a) For provider contracts issued, amended, or renewed on and after January 1, 2023, a health care s…
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(a) Except as provided in Section 1374.197, within one year of the operative date of this section, a…
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(a) This section shall apply to grandfathered health care service plan contracts and nongrandfathere…
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(a) When a covered treatment may directly or indirectly cause iatrogenic infertility, standard ferti…
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(a) A health care service plan that provides hospital, medical, or surgical coverage shall base any …
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(a) (1) A health care service plan contract issued, amended, renewed or delivered on or after Januar…
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(a) A health care service plan contract issued, amended, renewed, or delivered on or after July 1, 2…
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(a) Coverage of mental health and substance use disorder treatment pursuant to Section 1374.72 inclu…
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For services provided to an enrollee under a health care service plan contract issued, amended, or r…
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(a) Every plan shall have and shall demonstrate to the director that it has all of the following: (1…
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On and after October 1, 1977, every plan operating under a transitional license shall have a fiscall…
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(a) A health care service plan shall meet and confer with the director and his or her designated rep…
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(a) Every contract between a health care service plan and a risk-bearing organization that is issued…
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No contract between a risk-bearing organization and a health care service plan that is issued, amend…
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No contract between a risk-bearing organization and a health care service plan that is issued, amend…
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(a) This section shall be known and may be cited as the Health Care Providers’ Bill of Rights. (b) N…
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(a) The Legislature finds the following: (1) Because of the nature and cost of certain medical items…
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(a) A health care service plan shall ensure that there is at least one full-time equivalent primary …
§
(a) A contract between a health care service plan and a provider of health care services shall not c…
§
(a) No plan shall conduct any activity regulated by this chapter in contravention of such rules and …
§
The deposit requirements of Section 1300.76.1 of Title 28 of the California Code of Regulations shal…
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(a) Every plan which reimburses providers of health care services that do not contract in writing wi…
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No plan shall expend for administrative costs in any fiscal year an excessive amount of the aggregat…
§
(a) Every contract between a plan and a provider of health care services shall be in writing, and sh…
§
(a) On and after July 1, 2008, every contract between a plan and a health care provider who provides…
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(a) The department shall conduct periodically an onsite medical survey of the health delivery system…
§
(a) The Legislature finds and declares as follows: (1) Multiple medical quality audits of health car…
§
(a) (1) Notwithstanding any other law, except as provided in Section 1374.197, on and after January …
§
The department shall coordinate the surveys conducted pursuant to Section 1380 with the State Depart…
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(a) All records, books, and papers of a plan, management company, solicitor, solicitor firm, and any…
§
(a) The director shall conduct an examination of the fiscal and administrative affairs of any health…
§
Every plan that is a health maintenance organization qualified under Section 1310(d) of Title XIII o…
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(a) On or before July 1, 1997, every health care service plan shall file with the department a writt…
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(a) When requested by an enrollee or participating health professional who is treating an enrollee, …
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(a) Within 90 days after receipt of a request from the director, a plan or other person subject to t…
§
Each plan, solicitor firm, and solicitor shall keep and maintain current such books of account and o…
§
For the purposes of this article: (a) “Affiliated entity” means any of the following: (1) An applica…
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For purposes of this article, the following definitions shall apply: (a) (1) “Blended” means a ratin…
§
(a) The department has the authority to enforce the provisions of this article, including the author…
§
This article shall apply to a health care service plan contract offered in the individual or group m…
§
(a) (1) A health care service plan shall file with the department all required rate information for …
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(a) A health care service plan shall disclose to a contracted pharmacy provider or its contracting a…
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(a) For large group health care service plan contracts, all health plans shall file with the departm…
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(a) A health care service plan that contracts with a pharmacy benefit manager for management of any …
§
Notwithstanding any provision in a contract between a health care service plan and a provider, the d…
§
(a) A pharmacy benefit manager required to register with the department pursuant to Section 1385.004…
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The failure by a health care service plan to comply with the contractual requirements and to maintai…
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(a) A filing submitted under this article shall be actuarially sound. (b) (1) The plan shall contrac…
§
(a) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code…
§
On or after January 1, 2027, or the date on which the department has established the licensure proce…
§
(a) On or before July 1, 2012, the director may issue guidance to health care service plans regardin…
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An application for licensure as a pharmacy benefit manager under this article shall be verified by a…
§
A health care service plan contract subject to Section 1385.03 or 1385.04 shall file a separate sche…
§
(a) (1) A health care service plan shall annually provide claims data at no charge to a large group …
§
In addition to the requirements of Section 1385.009, and upon request of the director, an applicatio…
§
(a) Whenever it appears to the department that any person has engaged, or is about to engage, in any…
§
(a) A pharmacy benefit manager shall submit to the department financial statements prepared as of th…
§
(a) A pharmacy benefit manager licensed pursuant to this article shall submit to the Department of H…
§
The department shall do all of the following in a manner consistent with applicable federal laws, ru…
§
(a) (1) A licensed pharmacy benefit manager shall, within 30 days after a change in the information …
§
(a) This section shall apply only to a health care service plan covering dental services and a speci…
§
Upon denial of an application for licensure, or the issuance of an order pursuant to Section 1385.00…
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A pharmacy benefit manager license issued under this article shall remain in effect until revoked or…
§
(a) A pharmacy benefit manager applying for licensure under this article shall reimburse the directo…
§
(a) To support the department in the administration of this article and the effective regulation of …
§
(a) The director may, after appropriate notice and opportunity for a hearing, by order suspend or re…
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(a) A pharmacy benefit manager whose license has been revoked, or suspended for more than one year, …
§
(a) Surrender of a pharmacy benefit manager license shall become effective 30 days after receipt of …
§
(a) Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000…
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A pharmacy benefit manager has a fiduciary duty to its payer client that includes a duty to be fair …
§
(a) The department may conduct periodic routine and nonroutine surveys of a pharmacy benefit manager…
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(a) The Pharmacy Benefit Manager Administrative Fines and Penalties Fund is hereby created in the St…
§
The provisions of this article are severable. If any provision of this article or its application is…
§
(a) A pharmacy benefit manager shall not impose any requirements, conditions, or exclusions that dis…
§
The Legislature finds and declares that Sections 19 and 29 of this act, which add Sections 1385.0011…
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A pharmacy benefit manager shall not do any of the following: (a) Require a plan participant to use …
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(a) A contract issued, amended, or renewed on or after January 1, 2026, between a nonaffiliated phar…
§
(a) A pharmacy benefit manager shall not derive income from pharmacy benefit management services pro…
§
Commencing January 1, 2026, a pharmacy benefit manager shall not conduct spread pricing in this stat…
§
(a) Notwithstanding any other law, a pharmacy benefit manager shall not enter into, amend, enforce, …
§
(a) A person that violates this article shall be subject to an injunction and liable for a civil pen…
§
This article does not apply to a collectively bargained Taft-Hartley self-insured prescription drug …
§
(a) It is the intent of the Legislature in enacting this section to ensure that enrollees and subscr…
§
(a) A health care service plan, not including a specialized health care service plan, shall annually…
§
(a) For large group health care service plan contracts, a health care service plan shall file with t…
§
(a) Upon receiving notice of a rate change, a large group contractholder that has coverage that is e…
§
(a) The director may, after appropriate notice and opportunity for a hearing, by order suspend or re…
§
(a) (1) A person who violates a provision of this chapter, or who violates a rule or order adopted o…
§
(a) The director may, after appropriate notice and opportunity for hearing, by order, censure a pers…
§
(a) A person whose license has been revoked, or suspended for more than one year, may petition the d…
§
(a) The director shall not approve any plan contract unless the director finds that the application …
§
At the request of the director, a health care service plan shall provide a written statement of the …
§
No health care service plan shall engage in the practice of postclaims underwriting. For purposes of…
§
(a) A full service health care service plan that renews individual grandfathered health benefit plan…
§
(a) A full service health care service plan that renews individual grandfathered health benefit plan…
§
(a) This section applies to a health care service plan that provides coverage under an individual pl…
§
Compensation of a person or entity employed by, or contracted with, a health care service plan shall…
§
(a) Every health care service plan that offers, issues, or renews individual plan contracts shall of…
§
(a) Every health care service plan that offers, issues, or renews individual plan contracts shall of…
§
(a) Notwithstanding any other provision of law, an agent, broker, solicitor, solicitor firm, or repr…
§
(a) A health care service plan shall not rescind a plan contract, or limit any provisions of a plan …
§
(a) (1) This section shall apply only to a full service health care service plan offering health cov…
§
(a) Any person who willfully violates any provision of this chapter or of any rule or order thereund…
§
(a) (1) The director may issue an order directing a plan, solicitor firm, or any representative ther…
§
(a) If, after examination or investigation, the director has reasonable grounds to believe that irre…
§
(a) (1) Whenever it appears to the director that any person has engaged, or is about to engage, in a…
§
(a) This section applies to every action brought in the name of the people of the State of Californi…
§
(a) The superior court of the county in which is located the principal office of the plan in this st…
§
(a) A person who violates Section 1349, or any person who directly or indirectly participates in the…
§
For violations of Article 3.1 (commencing with Section 1357), Article 3.15 (commencing with Section …
§
The civil, criminal, and administrative remedies available to the director pursuant to this article …
§
Notwithstanding any other provision of law, the director may file a verified complaint for involunta…
§
Notwithstanding any other provision of law, in any involuntary dissolution of a health care service …
§
Except as provided for in Section 1394.1, and 1394.2, the involuntary dissolution of a health care s…
§
When any person, including any nonresident of this state, engages in conduct prohibited or made acti…
§
(a) As used in this section the following definitions shall apply: (1) “Health care service plan” me…
§
(a) As used in this section: (1) “Carrier” means a specialized health care service plan, and any of …
§
(a) Notwithstanding Article 6 (commencing with Section 650) of Chapter 1 of Division 2 of the Busine…
§
(a) Except as provided in subdivisions (b) and (c), no contract that is issued, amended, renewed, or…
§
(a) In order to prevent the improper selling, leasing, or transferring of a health care provider’s c…
§
(a) A staff-model dental health care service plan that arranges for or establishes credit extended b…
§
It is unlawful for any person willfully to make any untrue statement of material fact in any applica…
§
A nonprofit hospital corporation which substantially indemnified subscribers and enrollees and was o…
§
(a) Whenever reference is made in this chapter to a hearing before or by the director, the hearing s…
§
(a) The director shall make and file annually with the Department of Managed Health Care as a public…
§
The director may contract with necessary medical consultants to assist with the health care program.…
§
All references to the Knox-Mills Health Plan Act (Article 2.5 (commencing with Section 12530) of Cha…
§
(a) Surrender of a license as a health plan becomes effective 30 days after receipt of an applicatio…
§
(a) All orders and other actions taken by the Commissioner of Corporations pursuant to the authority…
§
(a) A material change made by a health care service plan, as defined in subdivision (f) of Section 1…
§
It is the intent of the Legislature that the provisions of this chapter shall be applicable to any p…
§
Health care service plans shall, upon rejecting a claim from a health care provider or a patient, an…
§
Compensation of a person retained by a health care service plan to review claims for health care ser…
§
This article does not apply to services or benefits provided pursuant to Medi-Cal, including service…
§
The provisions of this article shall apply to all group health care service contracts issued in this…
§
In this article, unless the context otherwise requires: (a) “Carrier” shall mean the health care ser…
§
(a) Every contract containing hospital, medical, or surgical expense benefits or service benefits sh…
§
(a) Any carrier providing replacement coverage with respect to hospital, medical or surgical expense…
§
This article shall apply to all contracts issued, delivered, amended, or renewed in this state after…
§
(a) (1) A health care service plan that intends to merge or consolidate with, or enter into an agree…
§
(a) Notwithstanding subdivision (d) of Section 1352, a health care service plan that files a materia…
§
(a) In addition to the information required by subdivision (a) of Section 1399.73, a nonprofit healt…
§
(a) Any nonprofit health care service plan that intends to restructure its activities as defined in …
§
(a) Any health care service plan that intends to convert from nonprofit to for-profit status, as def…
§
(a) An application for a conversion or restructuring shall contain the information the director may …
§
(a) By July 1, 1996, the director shall adopt regulations, on an emergency basis, that specify the a…
§
(a) This article shall apply to the restructuring or conversion of nonprofit mutual benefit health c…
§
This article shall not apply to a nonprofit health care service plan restructure or conversion that …
§
For purposes of this article, the following definitions shall apply: (a) “Consumer operated and orie…
§
The director shall have the authority to issue a license to act as a health care service plan to a C…
§
(a) A domestic or foreign CO-OP licensed as a health care service plan pursuant to this article shal…
§
The director may request any documentation relating to a CO-OP’s start-up loan or solvency loan.
§
(a) A CO-OP shall be subject at all times to the prohibitions in PPACA against converting or selling…
§
In addition to any applicable requirements in this chapter for maintaining a license, a CO-OP is req…
§
As used in this article: (a) “Creditable coverage” means: (1) Any individual or group policy, contra…
§
(a) Every health care service plan offering plan contracts to individuals shall, in addition to comp…
§
Nothing in this article shall be construed to preclude the application of this chapter to either of …
§
(a) Commencing January 1, 2001, a plan shall fairly and affirmatively offer, market, and sell the he…
§
(a) (1) After the federally eligible defined individual submits a completed application form for a p…
§
A plan may not exclude any federally eligible defined individual, or his or her dependents, who woul…
§
The director may require a plan to discontinue the offering of contracts or the acceptance of applic…
§
All health care service plan contracts offered to a federally eligible defined individual shall be r…
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(a) (1) Premiums for contracts offered, delivered, amended, or renewed by plans on or after January …
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Plans shall apply premiums consistently with respect to all federally eligible defined individuals w…
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In connection with the offering for sale of any plan contract to an individual, each plan shall make…
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Nothing in this article shall be construed to require a health benefit plan to offer a contract to a…
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(a) At least 20 business days prior to renewing or amending a plan contract subject to this article,…
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The director may issue regulations that are necessary to carry out the purposes of this article. Any…
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This article shall apply to health care service plan contracts offered, delivered, amended, or renew…
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As used in this article: (a) “Child” means any individual under 19 years of age. (b) “Individual gra…
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(a) (1) During each open enrollment period, every health care service plan offering plan contracts i…
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This article shall not apply to health care service plan contracts for coverage of Medicare services…
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(a) Upon the effective date of this article, a health care service plan shall fairly and affirmative…
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(a) A health care service plan may use the following characteristics of an eligible child for purpos…
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No health care service plan shall be required to offer a health care service plan contract or accept…
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The director may require a health care service plan to discontinue the offering of contracts or acce…
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(a) All health care service plan contracts offered to a child or on behalf of a child to a responsib…
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On or before July 1, 2011, the director may issue guidance to health plans regarding compliance with…
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(a) This article shall become inoperative on January 1, 2014, or the 91st calendar day following the…
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For purposes of this article, the following definitions shall apply: (a) “Child” means a child descr…
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For the purposes of determining eligibility for small employer coverage, a sole proprietor and the s…
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Except as provided in Sections 1399.858 and 1399.861, the provisions of this article shall only appl…
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(a) Notwithstanding paragraph (1) of subdivision (c) of Section 1399.849, with respect to individual…
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(a) (1) On and after October 1, 2013, a plan shall fairly and affirmatively offer, market, and sell …
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(a) Commencing October 1, 2013, a health care service plan or solicitor shall not, directly or indir…
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(a) An individual health benefit plan shall be renewable at the option of the enrollee except as per…
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(a) With respect to individual health benefit plans for policy years on or after January 1, 2014, a …
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(a) A health care service plan shall not be required to offer an individual health benefit plan or a…
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The director may require a plan to discontinue the offering of contracts or acceptance of applicatio…
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(a) A health care service plan that receives an application for an individual health benefit plan ou…
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(a) On or before October 1, 2013, and annually every October 1 thereafter, a health care service pla…
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Except as otherwise provided in this article, this article shall only be implemented to the extent t…
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(a) The department may adopt emergency regulations implementing this article no later than December …
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(a) For purposes of this article, a bridge plan product shall mean an individual health benefit plan…
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(a) (1) On or before March 1, 2022, the department shall convene a Health Equity and Quality Committ…
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(a) (1) The department shall establish standard measures and annual benchmarks for equity and qualit…
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(a) Upon the department’s establishment or updating of standard measures and annual benchmarks pursu…
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(a) Except as provided by any other law, the requirements of this article apply to health care servi…
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(a) This article does not restrict the director’s enforcement authority under this chapter. (b) Notw…
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(a) For the purposes of this chapter, “disease management organization” means an entity that provide…
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For the purposes of this chapter, “disease management programs and services” means services administ…
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(a) Every disease management organization shall obtain physician authorization prior to the time tha…
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A disease management organization may receive medical information as provided in paragraph (17) of s…
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A disease management organization shall not use medical information obtained pursuant to Section 139…
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(a) It is unlawful for any person, association, or corporation to establish, conduct or maintain a r…
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As used in this chapter “referral agency” means a private, profit or nonprofit agency which is engag…
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Each application for a license or renewal of license under this chapter shall be accompanied by an a…
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No licensee under this chapter shall have a direct or indirect financial interest in any medical fac…
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A license application shall be submitted to the department whenever any of the following circumstanc…
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Any person, partnership, firm, corporation or association desiring to obtain a license shall file wi…
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This chapter shall not apply to any local public agency performing referral services without cost to…
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(a) Any licensee desiring to voluntarily surrender his or her license for cancellation or temporary …
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(a) Upon verification of compliance with this chapter and with the approval of the department, the d…
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Separate licenses shall be required for referral agencies which are maintained on separate, nonconti…
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The license or true copy thereof shall be conspicuously posted in a prominent location accessible to…
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Licenses issued pursuant to this article are not transferable.
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(a) The licensee shall notify the department within 10 days in writing when a change of stockholder …
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The department may suspend or revoke licenses issued under this chapter for violation of any provisi…
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A violation of the provisions of this chapter or rules and regulations promulgated hereunder by a pe…
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Any person, association or corporation referring persons without a license in violation of Section 1…
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Civil penalties collected pursuant to this article shall be used to administer the provisions of thi…
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This chapter shall be known and may be cited as the Nursing Home Administrators’ Act.
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There is hereby established in the State Department of Health Services a Nursing Home Administrator …
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(a) The following definitions shall apply to this chapter: (1) “Department” means the State Departme…
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The program shall adopt rules and regulations that are reasonably necessary to carry out this chapte…
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(a) It shall be a misdemeanor for any person to act or serve in the capacity of a nursing home admin…
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In conformity with the requirements of Section 1908(c) of the Social Security Act (42 U.S.C. Sec. 13…
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The following enforcement actions taken by the department against a facility and the name of the lic…
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(a) The nursing home administrator licensing examination shall cover the broad aspects of nursing ho…
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(a) To qualify for the licensing examination, an applicant must be at least 18 years of age, be a ci…
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(a) Upon request of an applicant who is a member of a church or religious denomination, recognized b…
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(a) An application for a nursing home administrator license shall be submitted to the program on a f…
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(a) As part of the application process for a nursing home administrator license, an applicant shall …
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(a) Notwithstanding any other law, the program shall at the time of application, issuance, or renewa…
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(a) The program shall require compliance with any judgment or order for support prior to issuance or…
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(a) Prior to admission to the licensing examination, the applicant shall read and sign an examinatio…
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(a) (1) In order to have a passing score on either the national or state examination, an examinee sh…
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(a) The fees prescribed by this chapter are as follows: (1) The application fee for reviewing an app…
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Within 10 days after the beginning of every month, all fees collected by the program for the month p…
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(a) For purposes of this chapter, “reciprocity applicant” means any applicant who holds a current li…
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(a) Except for provisional licenses issued pursuant to Section 1416.40, each license issued pursuant…
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(a) Notwithstanding any other provision of law, a licensee who permitted his or her license to expir…
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A licensee may not engage in licensed activity while his or her license is suspended or revoked, or …
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(a) A revoked license may not be renewed. (b) A licensee whose license has been revoked may petition…
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A licensee who does not intend to engage in activity requiring nursing home administrator licensure …
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(a) For purposes of this chapter, “continuing education” means any course of study offered by an edu…
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(a) An Administrator-in-Training Program (AIT Program) shall be developed by the NHAP, in consultati…
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(a) An individual may, upon compliance with the requirements of this section, be approved by the pro…
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Each licensee shall, within 30 days, after each appointment as the designated administrator of a nur…
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The program shall maintain a current list of nursing home administrators who have been placed on pro…
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(a) The program shall maintain a record of enforcement actions reported to the program, pursuant to …
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(a) The program shall develop and make available a form that may be utilized at the nursing home adm…
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(a) It is the responsibility of the nursing home administrator as the managing officer of the facili…
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(a) Within 24 hours after the nursing home administrator acquires actual knowledge or credible infor…
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(a) The program shall establish a system for the issuance of citations to licensees, examinees, or p…
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(a) The program may issue a citation to any person who holds a license from the program and who viol…
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(a) The time allowed for abatement of violation shall begin the first day after the order of abateme…
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The program may deny, or may suspend or revoke, a license upon any of the following grounds: (a) Gro…
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(a) The program may deny a nursing home administrator applicant or licensee, a license, based on one…
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The program may deny, or may suspend or revoke, a nursing home administrator license or participatio…
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(a) The program may place a nursing home administrator license on probation in lieu of formal action…
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Upon the determination to deny application for licensure for grounds specified in Section 1416.77, t…
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(a) Proceedings to suspend or revoke licensure for grounds specified in Section 1416.77 shall be con…
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Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or…
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If any provision of this chapter, or the application thereof to any person or circumstance, is held …
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This chapter shall be known and may be cited as the Long-Term Care, Health, Safety, and Security Act…
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It is the intent of the Legislature in enacting this chapter to establish (1) a citation system for …
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(a) Notwithstanding Section 1428, moneys collected as a result of state and federal civil penalties …
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The department shall promote quality of care and quality of life for residents, clients, and patient…
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(a) There is hereby established in the state department the Quality Awards Program for nursing homes…
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(a) (1) If one or more of the following remedies is actually imposed for violation of state or feder…
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As used in this chapter: (a) “Long-term health care facility” means any facility licensed pursuant t…
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(a) Any person receiving respite care services shall be permitted to bring medications to the skille…
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(a) Every facility licensed pursuant to subdivisions (c), (d), (e), and (g) of Section 1250 and ever…
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(a) Each licensed skilled nursing facility shall, when requested by a member of a patient’s family, …
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(a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formati…
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No regulation adopted with respect to skilled nursing facilities or intermediate care facilities sha…
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No long-term health care facility shall accept or retain any patient for whom it cannot provide adeq…
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(a) Long-term health care facilities, as defined in Section 1418, shall develop and implement polici…
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(a) The following definitions apply for purposes of this section: (1) “Emergency” means a situation …
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(a) The following definitions apply for purposes of this section: (1) “Emergency” means a situation …
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(a) If the attending physician and surgeon of a resident in a skilled nursing facility prescribes, o…
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(a) A skilled nursing facility that has been certified for purposes of Medicare or Medicaid shall po…
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(a) The Legislature finds and declares that it is the public policy of this state to ensure the heal…
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(a) The Legislature finds and declares that it is the public policy of this state to ensure the heal…
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(a) In order to assure the provision of quality patient care and as part of the planning for that qu…
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(a) A long-term health care facility shall report all incidents of alleged abuse or suspected abuse …
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(a) The department shall establish a centralized consumer response unit within the Licensing and Cer…
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(a) (1) Upon receipt of a written or oral complaint, the state department shall assign an inspector …
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(a) Any duly authorized officer, employee, or agent of the state department may enter and inspect an…
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(a) Within 24 hours of the occurrence of any of the events specified in subdivision (b), the license…
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(a) (1) Within 24 hours of the filing of a bankruptcy petition under Title 11 of the United States C…
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(a) The Legislature finds and declares that it is the public policy of this state to ensure that lon…
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(a) Notwithstanding Section 1422, the State Department of Public Health shall conduct, when feasible…
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(a) The department shall develop and establish a consumer information service system to provide upda…
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Each skilled nursing facility and intermediate care facility shall post a copy of the notice require…
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The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the …
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(a) Prior to or at the time of admission, a skilled nursing facility, as defined in subdivision (c) …
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(a) If upon inspection or investigation the director determines that a nursing facility is in violat…
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(a) The state department shall centrally review federal deficiencies and supporting documentation th…
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Citations issued pursuant to this chapter shall be classified according to the nature of the violati…
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(a) On and after the effective date of this section, no citation shall be issued or sustained under …
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(a) (1) Beginning January 1, 2023, if a licensee provider fails to pay a penalty assessed pursuant t…
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(a) In lieu of the fines specified in subdivisions (c), (d), (e), and (g) of Section 1424, fines imp…
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Failure by a developmental center to report incidents as required under subdivision (a) of Section 4…
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Where a licensee has failed to correct a violation within the time specified in the citation, the st…
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After consultation with industry, professional, and consumer groups affected thereby, but not later …
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(a) When the administration of medications, treatments, or other care is not recorded, as required b…
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(a) If the licensee desires to contest a citation or the proposed assessment of a civil penalty ther…
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Except as provided in subdivision (b) of Section 1424.5, a licensee may, in lieu of contesting a cit…
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In the case of a class “A” or class “AA” citation issued to a long-term health care facility which i…
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(a) Each class “AA” and class “A” citation specified in subdivisions (c) and (d) of Section 1424 tha…
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(a) If a long-term health care facility licensed as a skilled nursing facility or an intermediate ca…
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(a) Except when the state department has taken action and the violations have been corrected to its …
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It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with…
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(a) No licensee shall discriminate or retaliate in any manner against any complainant, or any patien…
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No licensee shall be cited for any violation caused by any person licensed pursuant to the Medical P…
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The remedies provided by this chapter are cumulative, and shall not be construed as restricting any …
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Commencing in 1974, the state department shall, on or before February 1 of each year, notify all pub…
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On or before July 1, 1974, the state department shall provide for additional and ongoing training fo…
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If a health facility, or an applicant for a license has not been previously licensed pursuant to Cha…
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(a) If a facility is certified to participate in the federal Medicare program as a skilled nursing f…
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The state department shall review the effectiveness of the enforcement system in maintaining the qua…
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Any writing received, owned, used, or retained by the state department in connection with the provis…
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Every long-term health care facility shall provide an activity program to the residents of the facil…
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(a) The state department shall undertake the immediate development, implementation, and maintenance …
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(a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initia…
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Notwithstanding Section 14124.7 of the Welfare and Institutions Code, a long-term health care facili…
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Every long-term health care facility shall reveal to applicants for admission, or their designated r…
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(a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, participating as a pr…
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For the purposes of this chapter, the following definitions shall apply: (a) “Gender expression” has…
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(a) Except as provided in subdivision (b), it shall be unlawful for a long-term care facility or fac…
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A facility shall employ procedures for recordkeeping, including, but not limited to, records generat…
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(a) Long-term care facilities shall protect personally identifiable information regarding residents’…
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A violation of this chapter shall be treated as a violation under Chapter 2 (commencing with Section…
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As used in this chapter the term “board” means the board of supervisors of a county.
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The board of supervisors in each county may establish and maintain a county hospital, prescribe rule…
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(a) A member of a county hospital’s medical or allied health professional staff who is an officer of…
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(a) Prior to (1) closing , (2) eliminating or reducing the level of medical services provided by, or…
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The board may provide for transporting the needy sick to and from hospitals to which they may be sen…
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The board of supervisors in each county or city and county, having a population of one million or mo…
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If a county hospital requests an ambulance to transfer a mental health patient who is unstable and h…
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Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction an…
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Except as otherwise provided in this chapter, a person, in order to be eligible for care, shall be a…
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Notwithstanding any other provisions of the Welfare and Institutions Code, the county which is respo…
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(a) Except as otherwise provided in this section, the board shall not let the care, maintenance, or …
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The board may authorize payment for care provided, on or after January 1, 1962, to an indigent resid…
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The board of supervisors of counties of the 20th class and 40th to 58th class, inclusive, in connect…
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The board of supervisors of any county in connection with the administration of any county hospital …
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In any county where a county hospital has been established, any expectant mother who is unable to pa…
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The board shall appoint a suitable graduate, or graduates, in medicine to attend such indigent sick …
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(a) In the interest of public health and safety the board of supervisors of any county which maintai…
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(a) The State Department of Health Services, with the advice of the State Department of Social Servi…
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The board may provide a farm in connection with the county hospital or almshouse and may make regula…
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No county hospital which permits sterilization operations for contraceptive purposes to be performed…
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(a) Upon a determination and establishment of the need to recruit and retain registered nurses, lice…
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Notwithstanding any other provisions of law, the board of directors of any hospital subject to this …
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(a) Except as provided in this section or Section 1461, all of the sessions of the board of director…
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The board of supervisors in each county may fix the rates to be charged patients admitted to any cou…
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In collecting charges for care rendered under this chapter, the board may exercise all powers provid…
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Unless there exists a reciprocal agreement relating to the expense of medical care and treatment, it…
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In addition to any examination performed without charge to a victim of rape or other sexual assault …
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A county hospital shall provide persons examined or treated in connection with rape or other sexual …
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As used in this article: (a) “Continuing education program” means educational programs designed to i…
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Any county may conduct continuing education programs for non-county-employed licensed health workers…
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(a) Any county health facility, including, but not limited to, hospitals, mental health facilities, …
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(a) Any county conducting continuing educational programs pursuant to this article shall charge and …
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Any county conducting a continuing education program pursuant to this article shall maintain individ…
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(a) Any person or entity licensed or certificated under Chapter 1 (commencing with Section 1200), Ch…
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This chapter shall be known and may be cited as the California Community Care Facilities Act.
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(a) The Legislature hereby finds and declares that there is an urgent need to establish a coordinate…
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(a) It is the policy of the state to facilitate the proper placement of every child in residential c…
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As used in this chapter: (a) “Community care facility” means any facility, place, or building that i…
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(a) Commencing January 1, 2018, the department shall license private alternative boarding schools, a…
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For purposes of this chapter, a “community care facility,” pursuant to Section 1502, includes a tran…
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(a) A licensed short-term residential therapeutic program, as defined in paragraph (18) of subdivisi…
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Notwithstanding Section 1502, residential care facilities for the elderly, as defined in Section 156…
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The department shall deny a private adoption agency a license, or revoke an existing private adoptio…
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(a) On or before July 1, 2012, the department, in consultation with representatives of the Legislatu…
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The department shall adopt regulations consistent with paragraph (24) of subdivision (a) of Section …
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(a) Commencing January 1, 2019, the department shall license private alternative outdoor programs, a…
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(a) The department shall license a youth homelessness prevention center as a group home pursuant to …
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(a) (1) Notwithstanding Section 1502.4, a community care facility licensed as a group home for child…
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As used in this chapter, “license” means a basic permit to operate a community care facility. A lice…
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(a) An adoption agency is subject to licensure and regulation by the department and shall comply wit…
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Every facility licensed or certified pursuant to this chapter shall have one or more carbon monoxide…
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(a) A facility shall be deemed to be an “unlicensed community care facility” and “maintained and ope…
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As used in this chapter, “special permit” means a permit issued by the state department authorizing …
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(a) (1) This chapter does not apply to any independent living arrangement or supportive housing, des…
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This chapter does not apply to any of the following: (a) A health facility, as defined by Section 12…
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(a) The director shall adopt regulations authorizing residential facilities, as defined in Section 1…
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(a) (1) A foster family agency may use only a certified family home or a resource family that has be…
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(a) A foster family agency shall prepare and maintain a current, written plan of operation as requir…
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(a) A foster family agency shall employ one full-time social work supervisor for every eight social …
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(a) Foster family agencies shall not use foster family homes licensed by a county or resource famili…
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(a) It is the intent of the Legislature that public and private efforts to recruit foster parents no…
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(a) A foster family agency shall require the owner or operator of a family home applying for certifi…
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(a) Before certifying a family home, a foster family agency shall contact any foster family agencies…
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(a) No person shall incur civil liability as a result of providing the department with any of the fo…
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(a) Notwithstanding any other provision of law, incidental medical services may be provided in a com…
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(a) An adult community care facility may permit incidental medical services to be provided through a…
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Notwithstanding this chapter, a child with special health care needs, as defined in subdivision (a) …
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(a) Notwithstanding Section 1566.45 or any other provision of law, a residential facility that provi…
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(a) Beginning May 1, 2021, and annually thereafter, the department shall collect information and sen…
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(a) In-home medical care and home and community-based services, as described in subdivisions (t) and…
§
(a) Mental health services, as deemed necessary by the placing agency, may be provided to children i…
§
Every community care facility that provides adult residential care or offers an adult day program sh…
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(a) (1) Notwithstanding any other law, a person described in paragraph (2), who is not a licensed he…
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(a) Notwithstanding any other law, a group home for children with special health care needs, as defi…
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No person, firm, partnership, association, or corporation within the state and no state or local pub…
§
The state department shall inspect and license community care facilities, except as otherwise provid…
§
(a) The department and the licensing agencies with which it contracts for licensing shall review and…
§
An applicant or licensee of an adult community care facility shall maintain an email address of reco…
§
An applicant or licensee of an adult community care facility shall maintain an email address of reco…
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The state department may provide consulting services upon request to any community care facility to …
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The state department may contract for state, county, or other public agencies to assume specified li…
§
Each residential community care facility shall state, on its client information form or admission ag…
§
(a) No residential facility may prohibit the formation of a family council, and, when requested by a…
§
No license or special permit issued pursuant to the provisions of this chapter shall have any proper…
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(a) Each residential care facility licensed under this chapter shall reveal its license number in al…
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(a) The department shall authorize county welfare departments to undertake comprehensive recruitment…
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(a) A crisis nursery, as defined in paragraph (17) of subdivision (a) of Section 1502, shall be lice…
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(a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the Sta…
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(a) (1) Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the Sta…
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(a) The application form signed by a resource family applicant of a foster family agency shall be si…
§
(a) A person shall not incur civil liability as a result of providing the department with either of …
§
(a) (1) A foster family agency shall place a resource family on inactive status upon notification by…
§
(a) A resource family currently approved by a foster family agency pursuant to this section or Secti…
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(a) Nothing in this chapter shall authorize the imposition of rent regulations or controls for licen…
§
Any person desiring issuance of a license for a community care facility or a special permit for spec…
§
In addition to Section 1520, applicants for a group home or short-term residential therapeutic progr…
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(a) Every licensed community care facility, at the request of a majority of its residents, shall ass…
§
(a) (1) If an application for a license or special permit indicates, or the department determines du…
§
(a) The Legislature hereby declares it to be the policy of the state to prevent overconcentrations o…
§
(a) Every community care facility that is licensed or has a special permit for specialized services …
§
(a) A corporation that applies for licensure with the department shall list the facilities that any …
§
Any person desiring a license for a community care facility under the provisions of this chapter whi…
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(a) The county welfare director shall, prior to the issuance of any foster family home license, ensu…
§
(a) The Legislature recognizes the importance of ensuring that prospective foster family homes meet …
§
The Legislature recognizes the need to generate timely and accurate positive fingerprint identificat…
§
(a) Prior to granting a license to, or otherwise approving, any individual to care for or reside wit…
§
(a) Any person required to be registered as a sex offender under Section 290 of the Penal Code shall…
§
If a local law enforcement agency, a probation officer, or a local department or agency that provide…
§
(a) The department may adopt regulations to create substitute employee registries for persons workin…
§
The Department of Justice may charge a fee sufficient to cover its cost in providing services in acc…
§
(a) In addition to any other requirements of this chapter and except for foster family homes, small …
§
(a) The Legislature recognizes the need to generate timely and accurate positive fingerprint identif…
§
The State Department of Social Services, in processing fingerprint clearances, shall give expeditiou…
§
(a) Individuals who are volunteer candidates for mentoring children in foster care settings, as defi…
§
(a) Notwithstanding subdivision (d) of Section 1522, foster family agencies shall submit fingerprint…
§
(a) This section shall not apply to individuals who are subject to paragraph (2) of subdivision (g) …
§
(a) In order to protect the health and safety of persons receiving care or services from individuals…
§
(a) The department shall, no later than July 1, 2017, develop a notice that does all of the followin…
§
(a) (1) The department, in consultation and collaboration with county placement officials, group hom…
§
(a) The department, in consultation and collaboration with county placement officials, provider orga…
§
(a) (1) For the duties the department imposes on a group home administrator or short-term residentia…
§
(a) It is the policy of the state that caregivers of children in foster care possess knowledge and s…
§
(a) All licensed community care facilities serving children shall provide trauma-informed care and u…
§
(a) (1) An application fee adjusted by facility and capacity shall be charged by the department for …
§
(a) Beginning with the 1996–97 fiscal year, there is hereby created in the State Treasury the Techni…
§
Transitional shelter care facilities, as defined in Section 1502.3, shall be exempt from the fees im…
§
A license shall be forfeited by operation of law if one of the following occurs: (a) The licensee se…
§
(a) Notwithstanding Section 1524, in the event of a sale of a licensed community care facility, exce…
§
A resource family approval shall be forfeited by operation of law when one of the following occurs: …
§
(a) This section shall apply to any community care facility that serves children, as specified in th…
§
(a) This section shall apply to any community care facility that serves adults, as specified in this…
§
(a) In addition to any other requirements of this chapter, any community care facility providing res…
§
(a) In addition to any other requirement of this chapter, any group home or short-term residential t…
§
The State Department of Social Services shall provide to residential care facilities a form, which t…
§
Upon the filing of the application for issuance of a license or for a special permit and substantial…
§
Prior to the issuance of any new license or special permit pursuant to this chapter, the applicant s…
§
(a) The department may issue provisional licenses to operate community care facilities for facilitie…
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(a) It is the intent of the Legislature to provide for proper case management and orderly transition…
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Immediately upon the denial of any application for a license or for a special permit, the state depa…
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(a) Within 90 days after a facility accepts its first client for placement following the issuance of…
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(a) It is the intent of the Legislature that the department develop modified staffing levels and req…
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(a) It is the intent of the Legislature to maintain quality resources for children needing placement…
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As used in this article: (a) “Aircraft” includes, but is not limited to, any airplane, glider, or ho…
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There is hereby established the Foster Family Home and Small Family Home Insurance Fund within the S…
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The fund, subject to this article, shall pay, on behalf of foster family homes, small family homes, …
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The fund shall not be liable for any of the following: (a) Any loss arising out of a dishonest, frau…
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Notwithstanding any other provision of this article, the fund shall not be liable for damages in exc…
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The fund shall be liable, if a claim is approved, to pay on behalf of each licensed foster family ho…
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(a) A claim against the fund shall be filed with the fund in accordance with claims procedures and o…
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All processing of decisions and reports, payment of claims, and other administrative actions relatin…
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The fund established pursuant to Section 1527.1 shall be maintained at an adequate level to meet ant…
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The fund shall not be liable for any loss arising out of the dishonest, fraudulent, criminal, or int…
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(a) This article shall be known, and may be cited, as the Seizure Emergency Response Act. (b) For pu…
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(a) If a client diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed intrana…
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(a) On or before January 1, 2028, the State Department of Social Services shall, in consultation wit…
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(a) Before administering intranasal emergency antiseizure medication prescribed to treat seizures in…
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(a) Any licensee that allows administrators or authorized volunteers to administer intranasal emerge…
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It is the intent of the Legislature that persons desiring to become, or to continue being, foster pa…
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The state department shall adopt, amend, or repeal, in accordance with Chapter 4.5 (commencing with …
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(a) The department shall adopt regulations, in consultation with providers, consumers, and other int…
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The director shall report to the Legislature during the 2007–08 budget hearings on the progress of t…
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(a) The department, in establishing regulations, including provisions for periodic inspections, unde…
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(a) Notwithstanding any other law, persons licensed or approved pursuant to this chapter to provide …
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(a) A licensed children’s residential facility shall maintain a smoke-free environment in the facili…
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(a) (1) The department shall adopt regulations for community care facilities licensed as group homes…
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(a) The department shall, with the advice and assistance of the State Department of Health Care Serv…
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(a) A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 a…
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(a) Except as provided in subdivision (b), a care provider that provides foster care for children pu…
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The regulations for a license shall prescribe standards of safety and sanitation for the physical pl…
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(a) A residential facility licensed as an adult residential facility, group home, short-term residen…
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(a) Upon the filing by the department of emergency regulations with the Secretary of State, an adult…
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The State Fire Marshal shall establish separate fire and panic safety standards and criteria for the…
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On and after January 1, 1999, no security window bars may be installed or maintained on any communit…
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(a) The State Department of Social Services shall not deny a license for a foster family home solely…
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(a) A licensee of an adult residential facility, short-term residential therapeutic program, or grou…
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A prospective applicant for licensure shall be notified at the time of the initial request for infor…
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The Committee on Community Care Facilities of the State Social Services Advisory Board shall advise …
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(a) Except as otherwise provided in this section, any duly authorized officer, employee, or agent of…
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(a) (1) (A) Except for foster family homes, every licensed community care facility shall be subject …
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(a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable.…
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The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the …
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(a) On or before January 1, 1986, the state department shall publish a comprehensive consumer guidel…
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(a) (1) At least annually, the department shall publish and make available to interested persons a l…
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(a) “Placement agency” means a county probation department, county welfare department, county social…
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(a) When a placement agency has placed a child with a foster family agency for subsequent placement …
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A public agency social worker shall, in determining whether to refer an individual to an adult resid…
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The director shall have the authority to contract for personal services as required in order to perf…
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(a) A licensee of a residential facility serving adults that has internet service shall provide at l…
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(a) Any person may request an inspection of any community care facility, or certified family home or…
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The director shall establish an automated license information system on licensees and former license…
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A county may develop a cooperative agreement with the department to access disclosable, public recor…
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(a) (1) Not less than 30 days prior to the anniversary of the effective date of a residential commun…
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(a) When the department periodically reviews the record of substantiated complaints against each gro…
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(a) A group home, transitional housing placement provider, community treatment facility, youth homel…
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(a) (1) In order to review and evaluate the use of psychotropic medications in group homes and short…
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(a) (1) (A) The department shall consult with the State Department of Health Care Services and stake…
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(a) The licensee of an Adult Residential Facility for Persons with Special Health Care Needs (ARFPSH…
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No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner, …
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(a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regula…
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Upon a finding by the licensing authority that a facility is in operation without a license, a peace…
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Any person who, without lawful authorization from a duly authorized officer, employee, or agent of t…
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The director may bring an action to enjoin the violation or threatened violation of Section 1503.5 o…
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Any action brought by the director against a community care facility shall not abate by reason of a …
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Notwithstanding any other provision of this chapter, the district attorney of every county, and city…
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An emergency client contingency account may be established within the Technical Assistance Fund to w…
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(a) (1) It is the intent of the Legislature in enacting this section to authorize the department to …
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(a) It is the intent of the Legislature in enacting this section to authorize the department to take…
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(a) (1) Notwithstanding any other provision of this chapter, any person who violates Section 1503.5 …
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(a) In addition to the suspension, temporary suspension, or revocation of a license issued under thi…
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The Legislature finds and declares that the current civil penalty structure for facilities licensed …
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The civil, criminal, and administrative remedies available to the department pursuant to this articl…
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The department may deny an application for, or suspend or revoke, any license, or any special permit…
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The director may temporarily suspend any license prior to any hearing when, in the opinion of the di…
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(a) The department shall conduct an unannounced visit to a facility within 30 days after the effecti…
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(a) Proceedings for the suspension, revocation, or denial of a license, registration, special permit…
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(a) The administrative law judge conducting a hearing under this article may permit the testimony of…
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(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim…
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Notwithstanding Sections 11425.10 and 11425.20 of the Government Code, a proceeding conducted pursua…
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In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the…
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(a) In any administrative proceeding conducted pursuant to this article in which a child or other mi…
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The withdrawal of an application for a license or a special permit after it has been filed with the …
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Any license, registration, or special permit suspended pursuant to this chapter, and any special per…
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Whenever a license, registration, or special permit issued under this chapter for a community care f…
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(a) If the director determines that it is necessary to temporarily suspend any license or special pe…
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(a) If the department, as a condition of licensure, requires the chief executive officer or other au…
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Each facility required to be licensed shall keep a current record of all of the following: (a) Clien…
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Each facility required to be licensed shall keep a current record of all of the following: (a) Clien…
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(a) The department may prohibit any person from being a member of the board of directors, an executi…
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(a) (1) If the department determines that a person was issued a license under this chapter, Chapter …
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The department shall conduct an unannounced visit to a facility within 30 days after the department …
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(a) (1) The State Department of Social Services shall license transitional housing placement provide…
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(a) The director shall require as a condition precedent to the issuance of any license or special pe…
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The director may grant a partial or total variance from the bonding requirements of Section 1560 for…
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(a) The department shall ensure that operators and staff of community care facilities have appropria…
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(a) The department shall license short-term residential therapeutic programs, as defined in paragrap…
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(a) For purposes of this section “adult residential facility” means a facility licensed as an adult …
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(a) The department may license a short-term residential therapeutic program operating as a children’…
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(a) A licensee of an adult residential facility shall notify the city and county in which the facili…
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(a) The department, in consultation with the Director of Health Care Services and the Director of De…
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(a) The department shall establish regulations for short-term residential therapeutic programs that …
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Any person who becomes an administrator of an adult residential facility, as defined in paragraph (1…
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(a) The director shall ensure that, within six months after obtaining licensure, an administrator of…
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(a) The administrator of an adult residential care facility that provides services for residents who…
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(a) (1) If a licensee who is also the owner of an adult residential facility notifies the city and c…
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Notwithstanding any law to the contrary, including, but not limited to Section 1562.3, vendors appro…
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(a) The department shall ensure that licensing personnel at the department have appropriate training…
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(a) No individual who has ever been convicted of a sex offense against a minor shall reside in a com…
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(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, …
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In addition to any other requirement of this chapter, an adult day program, as defined in Section 15…
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The Legislature hereby declares that it is the policy of this state that each county and city shall …
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Any person licensed under the provisions of this chapter who operates, or proposes to operate a resi…
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A residential facility, which serves six or fewer persons shall not be subject to any business taxes…
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(a) Whether or not unrelated persons are living together, a residential facility that serves six or …
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No fire inspection clearance or other permit, license, clearance, or similar authorization shall be …
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For the purposes of any contract, deed, or covenant for the transfer of real property executed on or…
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The department shall annually prepare, with a quarterly update commencing July 1, 1979, specifying n…
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The department shall notify affected placement agencies and the Office of the State Long-Term Care O…
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Notwithstanding any other provision of law, if according to the rules and regulations of a mobilehom…
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If a county of residence agrees to pay a placement county the costs of providing services to a minor…
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(a) (1) For purposes of this section, “bedridden” means requiring assistance in turning and repositi…
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(a) By January 1, 2006, the department’s Community Care Licensing Division shall enter into memorand…
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It is the intent of the Legislature that each county be encouraged to provide, in the county, a numb…
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It is further the intent of the Legislature that, where city or county zoning restrictions unreasona…
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As used in this article, the term “wards of the juvenile court” shall include minors who have been f…
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(a) No licensed community care facility may receive a ward of the juvenile court as described in Sec…
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The State Department of Social Services shall provide, at cost, quarterly to each county and to each…
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This article shall not apply to existing community care facilities for wards of the juvenile court w…
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A community care facility for wards of the juvenile court, which serves six or fewer persons shall n…
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(a) Notwithstanding that a community care facility means a place that provides nonmedical care under…
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(a) Notwithstanding that a community care facility means a place that provides nonmedical care under…
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As used in this article the following terms apply: (a) “Consumer” or “client” means an individual wh…
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(a) Each enhanced behavioral supports home shall be licensed as an adult residential facility or a g…
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The license applicant shall submit a facility program plan to the State Department of Developmental …
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The State Department of Social Services shall adopt regulations to address, at a minimum, staffing s…
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If the State Department of Social Services determines that urgent action is necessary to protect a c…
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An enhanced behavioral supports home employing secured perimeters shall comply with Section 1531.15 …
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(a) The State Department of Social Services shall revoke the enhanced behavioral supports home’s fac…
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(a) A license shall not be issued pursuant to this article before emergency regulations for this art…
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This article does not interfere with the authority of the State Department of Social Services to tem…
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For the purposes of this article, the following definitions apply: (a) “Consumer” or “client” means …
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(a) (1) Each community crisis home shall be licensed as an adult residential facility or a group hom…
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The State Department of Social Services’ regulations shall address at least both of the following: (…
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(a) When the State Department of Social Services determines that urgent action is necessary to prote…
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The licensee shall submit the facility program plan approved by the State Department of Developmenta…
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If applicable, a community crisis home shall be in compliance with Section 1531.15 and the applicabl…
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(a) The State Department of Social Services shall revoke the community crisis home’s facility licens…
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(a) A license shall not be issued pursuant to this article until the publication in Title 17 of the …
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(a) This article does not require a facility to accept, store, or retain firearms or ammunition. (b)…
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As used in this article, the following terms have the following meanings: (a) “Firearm” means a devi…
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A licensee that permits clients to possess firearms on the facility premises shall do all of the fol…
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(a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1567.91, …
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The acceptance or storage of a client’s firearm by a licensee at a facility in accordance with this …
§
For purposes of this chapter, the following definitions shall apply: (a) “Activities of daily living…
§
(a) (1) The department shall license residential care facilities for persons with chronic, life-thre…
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(a) No person, firm, partnership, association, or corporation within the state and no state or local…
§
Any person desiring issuance of a license for a residential care facility under this chapter shall f…
§
(a) (1) An application fee adjusted by facility and capacity, shall be charged by the department for…
§
(a) Upon initial application for licensure, residential care facilities shall be provided a printed …
§
(a) (1) Within 90 days after a facility accepts its first resident for placement following its initi…
§
Each facility required to be licensed under this chapter shall keep a current record of all of the f…
§
It is the intent of the Legislature in enacting this section to require the electronic fingerprint i…
§
The Secretary of California Health and Human Services shall be responsible for the oversight and coo…
§
(a) The California Health and Human Services Agency shall establish an Alzheimer’s Disease and Relat…
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(a) If the applicant for a license for a residential care facility handles or will handle any money …
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The following definitions shall apply for purposes of this chapter: (a) “Activities of daily living”…
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(a) The department may establish a medical foster home for veterans program in California pursuant t…
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An applicant or licensee for a residential care facility licensed pursuant to this chapter shall mai…
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(a) No person shall operate, establish, manage, conduct, or maintain a medical foster home for veter…
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(a) A person seeking a license for a medical foster home for veterans under this chapter shall file …
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(a) The department may suspend or revoke a license issued under this chapter, in the manner provided…
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A license shall be forfeited by operation of law when one of the following occurs: (a) The licensee …
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(a) (1) Every licensed medical foster home for veterans shall be periodically inspected and evaluate…
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(a) (1) No unlicensed medical foster home for veterans, as defined in paragraph (3), shall operate i…
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(a) Prior to licensure, the following individuals shall be subject to and complete a background chec…
§
(a) A medical foster home caregiver and relief caregiver shall provide the department written eviden…
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(a) The department shall adopt, amend, or repeal, in accordance with the Administrative Procedure Ac…
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(a) The department shall designate at least one person in each region to be responsible for all acti…
§
(a) A corporation that applies for licensure with the department shall list the facilities that any …
§
A residential care facility for persons with chronic, life-threatening illness shall have one or mor…
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(a) A facility shall have an emergency and disaster plan that shall include, but not be limited to, …
§
A license shall be forfeited by operation of law prior to its expiration date when any of the follow…
§
(a) Upon the filing of the application for issuance of a license and substantial compliance with thi…
§
Immediately upon the denial of any application for a license, the department shall notify the applic…
§
(a) When a licensee dies, an adult relative who has control of the property may continue operation o…
§
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be c…
§
(a) No license issued pursuant to this chapter shall have any property value for sale or exchange pu…
§
(a) Notwithstanding Section 1568.061, in the event of a sale of a licensed residential care for pers…
§
(a) A licensee of a residential care facility for persons with chronic, life-threatening illness may…
§
(a) Any person may request an inspection of any residential care facility in accordance with this ch…
§
(a) The department shall adopt, amend, and repeal, in accordance with Chapter 3.5 (commencing with S…
§
(a) (1) The department may order the licensee to remove a resident who has a health condition which …
§
(a) A licensee of a facility that has internet service shall provide at least one internet access de…
§
On and after January 1, 1999, no security window bars may be installed or maintained on any resident…
§
(a) A placement agency shall place individuals only in licensed residential care facilities or facil…
§
(a) The department may suspend or revoke any license issued under this chapter upon any of the follo…
§
(a) The department, State Fire Marshal, or local fire officials shall not make a de facto determinat…
§
(a) The department may prohibit any person from being a member of the board of directors, an executi…
§
(a) (1) If the department determines that a person was issued a license under this chapter, Chapter …
§
The department shall conduct an unannounced visit to a facility within 30 days after the department …
§
(a) This article does not require a facility to accept, store, or retain firearms or ammunition. (b)…
§
As used in this article, the following terms have the following meanings: (a) “Firearm” means a devi…
§
A licensee that permits residents to possess firearms on the facility premises shall do all of the f…
§
(a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1568.096,…
§
The acceptance or storage of a resident’s firearm by a licensee at a facility in accordance with thi…
§
Proceedings for the suspension, revocation, or denial of a license under this chapter shall be condu…
§
(a) A licensee of a medical foster home for veterans may request inactive license status for either …
§
(a) Upon receipt of a complaint, other than a complaint alleging a denial of a statutory right of ac…
§
(a) The department may prohibit a person from being a licensee or a licensee from employing, continu…
§
(a) (1) If the department determines that a person was issued a license under this chapter, Chapter …
§
(a) The administrative law judge conducting a hearing under this article may permit the testimony of…
§
(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim…
§
(a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable.…
§
(a) Notwithstanding any other provision of this chapter, any person who violates Section 1568.03 sha…
§
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under thi…
§
(a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regula…
§
A person who, without lawful authorization from a duly authorized officer, employee, or agent of the…
§
(a) The department shall conduct an unannounced visit to a facility within 30 days after the effecti…
§
(a) (1) Whether or not unrelated persons are living together, a residential care facility that serve…
§
(a) (1) For purposes of this section, “bedridden” means requiring assistance in turning and repositi…
§
This chapter shall be known and may be cited as the California Residential Care Facilities for the E…
§
The Legislature hereby finds and declares: (a) The Legislature has taken steps in recent years to de…
§
As used in this chapter: (a) “Administrator” means the individual designated by the licensee to act …
§
The license of any facility licensed as a residential facility for the elderly under the California …
§
(a) Beginning May 1, 2021, and annually thereafter, the department shall collect information and sen…
§
(a) The director shall adopt regulations authorizing residential care facilities for the elderly, as…
§
Residential care facilities for the elderly that serve residents with Alzheimer’s disease and other …
§
No person, firm, partnership, association, or corporation within the state and no state or local pub…
§
The department shall inspect and license residential care facilities for the elderly. A license is n…
§
The department may provide consulting services upon request to any residential care facility for the…
§
(a) The department may contract for state, county, or other public agencies to assume specified lice…
§
No license issued pursuant to this chapter shall have any property value for sale or exchange purpos…
§
(a) Any person, entity, or agent signing on behalf of an entity, seeking a license for a residential…
§
(a) (1) If an application for a license indicates, or the department determines during the applicati…
§
The Legislature recognizes the need to generate timely and accurate positive fingerprint identificat…
§
A license shall be forfeited by operation of law prior to its expiration date when one of the follow…
§
Upon the filing of the application for issuance of an initial license, the department shall, within …
§
The director may issue provisional licenses to operate residential care facilities for the elderly f…
§
Immediately upon the denial of any application for a license, the department shall notify the applic…
§
(a) As a requirement for licensure, the applicant shall demonstrate that he or she has successfully …
§
Within 90 days after a facility accepts its first resident for placement following its initial licen…
§
(a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Se…
§
The regulations for a license shall prescribe standards of safety and sanitation for the physical pl…
§
Any duly authorized officer, employee, or agent of the department may, upon presentation of proper i…
§
(a) Every licensed residential care facility for the elderly shall be subject to unannounced inspect…
§
The director shall have the authority to contract for personal services as required in order to perf…
§
(a) Any person may request an investigation of a residential care facility for the elderly in accord…
§
(a) Not less than 30 days prior to the expiration date of any residential care facility for the elde…
§
No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any manner, …
§
(a) Each residential care facility for the elderly shall place in a conspicuous place copies of all …
§
(a) A residential care facility for the elderly that accepts or retains residents with prohibited he…
§
(a) Any person who violates this chapter, or who willfully or repeatedly violates any rule or regula…
§
The director may bring an action to enjoin the violation or threatened violation of Section 1569.10 …
§
Any action brought by the director against a residential care facility for the elderly shall not aba…
§
Notwithstanding any other provisions of this chapter, the district attorney of every county, and cit…
§
(a) A facility shall be deemed to be an “unlicensed residential care facility for the elderly” and “…
§
A facility shall be licensed as a residential care facility for the elderly if it offers care and su…
§
Operation of an unlicensed facility shall be an act of unfair competition and an unfair business pra…
§
(a) “Placement agency” means any county welfare department, county social service department, county…
§
An emergency resident contingency account may be established within the Technical Assistance Fund es…
§
(a) In addition to the suspension, temporary suspension, or revocation of a license issued under thi…
§
(a) The department may deny an application for a license or may suspend or revoke a license issued u…
§
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be c…
§
The withdrawal of an application for a license after it has been filed with the department shall not…
§
Any license suspended or revoked pursuant to this chapter may be reinstated pursuant to Section 1152…
§
(a) (1) When the department does not suspend the license of a residential care facility for the elde…
§
(a) The department may prohibit any person from being a licensee, owning a beneficial ownership inte…
§
(a) (1) If the department determines that a person was issued a license under this chapter, Chapter …
§
(a) The director shall require as a condition precedent to the issuance of any license for a residen…
§
The department shall develop and maintain at each district office a file for each facility in that d…
§
(a) The director shall ensure that licensees, administrators, and staff of residential care faciliti…
§
The director shall insure that licensing personnel at the department have appropriate training to pr…
§
The department shall institute a staff development and training program within the organization stru…
§
(a) On or before January 1, 1987, the department shall publish a comprehensive consumer guideline br…
§
At least annually, the director shall publish and make available to interested persons a list or lis…
§
(a) The department shall develop a written notice for the purpose of informing any individual who re…
§
All residential care facilities shall be required to include their current license number in any pub…
§
(a) Each residential care facility for the elderly licensed under this chapter shall ensure that eac…
§
It is the intent of the Legislature to develop and implement a plan to establish three levels of car…
§
In consultation with the State Fire Marshal the department shall develop and expedite implementation…
§
(a) Except as otherwise provided in subdivision (d), no resident shall be admitted or retained in a …
§
(a) Notwithstanding Section 1569.72 or any other provision of law, a residential care facility for t…
§
(a) Licensed residential care facilities for the elderly that employ health care providers may estab…
§
(a) A resident of a residential care facility for the elderly, or the resident’s representative, or …
§
The Legislature hereby declares that it is the policy of this state that each county and city shall …
§
Any person licensed under this chapter who operates, or proposes to operate a residential care facil…
§
A residential care facility for the elderly, which serves six or fewer persons shall not be subject …
§
(a) Whether or not unrelated persons are living together, a residential care facility for the elderl…
§
No fire inspection clearance or other permit, license, clearance, or similar authorization shall be …
§
For the purposes of any contract, deed, or covenant for the transfer of real property executed on or…
§
This chapter shall not apply to any of the following: (a) A health facility, as defined by Section 1…
§
(a) Nothing in this chapter authorizes the imposition of rent regulations or controls for licensed r…
§
A prospective applicant for licensure shall be notified at the time of the initial request for infor…
§
(a) The department and the licensing agencies with which it contracts for licensing shall review and…
§
Upon receipt of an application to operate a residential care facility for the elderly from an applic…
§
(a) A residential care facility for the elderly, as defined in Section 1569.2, which fails to make r…
§
A theft and loss program shall be implemented by the residential care facilities for the elderly wit…
§
No provision of a contract of admission, which includes all documents which a resident or his or her…
§
Upon initial licensure, residential care facilities for the elderly shall be provided a printed copy…
§
(a) A residential care facility for the elderly shall do all of the following: (1) Not condition the…
§
(a) Every licensed residential care facility for the elderly, at the request of two or more resident…
§
(a) A residential care facility for the elderly shall not prohibit the formation of a family council…
§
The State Department of Social Services shall provide to residential care facilities for the elderly…
§
Prior to issuance to any person of a certificate of completion of the administrator certification pr…
§
The Department of Justice may charge a fee sufficient to cover its cost in providing services in acc…
§
(a) In addition to any other requirements of this chapter, any residential care facility for the eld…
§
(a) (1) An application fee adjusted by facility and capacity shall be charged by the department for …
§
(a) Notwithstanding Section 1569.19, in the event of a sale of a licensed facility where the sale wi…
§
(a) A licensee of a residential care facility for the elderly may request inactive license status fo…
§
(a) When a licensee dies, an adult relative, or other nonrelated adult, who has control of the prope…
§
(a) Every residential care facility for the elderly that is licensed or has a valid special permit t…
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As a requirement for licensure, the applicant shall attend an orientation given by the department wh…
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(a) It is the intent of the Legislature in enacting this article to adopt fundamental rights for all…
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(a) Rights and liberties set forth in this article do not diminish a resident’s constitutional right…
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(a) At admission, a facility staff person shall personally advise a resident and the resident’s repr…
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(a) Residents of residential care facilities for the elderly shall have all of the following rights:…
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(a) This article shall be known, and may be cited, as the Keep Our Seniors Safe Act. (b) This articl…
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As used in this article, the following terms have the following meanings: (a) “Firearm” means a devi…
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A licensee that permits residents to possess firearms on the facility premises shall do all of the f…
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(a) A licensee shall not accept, retain, or store any deadly weapon, as defined in Section 1569.281,…
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The acceptance or storage of a resident’s firearm by a licensee at a facility in accordance with thi…
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Every residential care facility for the elderly shall have one or more carbon monoxide detectors in …
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Every facility required to be licensed under this chapter shall provide at least the following basic…
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Each residential care facility for the elderly shall state, on its client information form or admiss…
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A residential care facility for the elderly shall not require residents to purchase medications, or …
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Each facility required to be licensed shall keep a current record of all of the following: (a) Clien…
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Each facility required to be licensed shall keep a current record of all of the following: (a) Clien…
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(a) The referring agency or facility, or its designee, shall provide to the administrator all inform…
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Every residential care facility for the elderly, as defined in Section 1569.2, shall, for the purpos…
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Every residential care facility for the elderly shall abide by the provisions of the Lesbian, Gay, B…
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(a) A licensee of a facility that has internet service shall provide at least one internet access de…
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The Legislature hereby finds and declares that in order to protect the health and safety of elders i…
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(a) The department shall provide the Office of the State Long-Term Care Ombudsman, as defined in sub…
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Upon request, the department shall provide the Office of the State Long-Term Care Ombudsman and any …
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(a) The department shall ensure that the licensee’s plan of correction is verifiable and measurable.…
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The director shall establish an automated license information system on licensees and former license…
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To the extent that the department’s computer system can electronically accommodate additional reside…
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(a) No licensee, or officer or employee of the licensee, shall discriminate or retaliate in any mann…
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Upon a finding by the licensing authority that a facility is in operation without a license, a peace…
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Any person who, without lawful authorization from a duly authorized officer, employee, or agent of t…
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(a) (1) It is the intent of the Legislature in enacting this section to authorize the department to …
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(a) It is the intent of the Legislature in enacting this section to authorize the department to take…
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(a) Notwithstanding any other provision of this chapter, any person who violates Section 1569.10 or …
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The civil, criminal, and administrative remedies available to the department pursuant to this articl…
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(a) The department shall conduct an unannounced visit to a facility within 30 days after the effecti…
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(a) The administrative law judge conducting a hearing under this article may permit the testimony of…
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(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim…
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In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the…
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(a) If the director determines that it is necessary to temporarily suspend or to revoke any license …
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(a) For purposes of this section, “suspension of new admissions” means a prohibition on admitting ne…
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The department shall conduct an unannounced visit to a facility within 30 days after the department …
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The director may grant a partial or total variance from the bonding requirements of Section 1569.60 …
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On and after July 1, 2015, all residential care facilities for the elderly, except those facilities …
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Any person who becomes an administrator of a residential care facility for the elderly on or after J…
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(a) (1) An administrator of a residential care facility for the elderly shall successfully complete …
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(a) (1) There is hereby created in the State Treasury, the Certification Fund from which moneys, upo…
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(a) The administrator designated by the licensee pursuant to paragraph (11) of subdivision (a) of Se…
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(a) The Legislature finds that the quality of services provided to residents of residential care fac…
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(a) All residential care facilities for the elderly shall meet the following training requirements, …
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Any residential care facility for the elderly that advertises or promotes special care, special prog…
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A licensee of a residential care facility for the elderly that advertises or promotes special care, …
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(a) A licensee of a residential care facility for the elderly shall not require any form of preadmis…
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(a) A residential care facility for the elderly shall not require advance notice for terminating an …
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(a) If a licensee of a residential care facility for the elderly increases the rates of fees for res…
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(a) For any rate increase due to a change in the level of care of the resident, the licensee shall p…
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(a) On or before January 31 of each year, the licensee of a licensed residential care facility for t…
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(a) Each residential care facility for the elderly licensed under this chapter shall reveal its lice…
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(a) A licensee of a licensed residential care facility for the elderly shall, prior to transferring …
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(a) In addition to complying with other applicable regulations, a licensee of a residential care fac…
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(a) A licensee shall notify the department, the State Long-Term Care Ombudsman, all residents, and, …
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(a) In addition to any other requirement of this chapter, a residential care facility for the elderl…
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(a) All residential care facilities for the elderly shall provide training to direct care staff on p…
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(a) The State Fire Marshal has proposed that the California Building Standards Commission adopt buil…
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(a) When approved by the person responsible for enforcement, as described in Section 13146, exit doo…
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(a) A residential care facility for the elderly may permit incidental medical services to be provide…
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(a) For purposes of this section, an “admission agreement” includes all documents that a resident or…
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(a) Every residential care facility for the elderly shall make blank complete copies of its admissio…
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(a) The admission agreement shall be printed in black type of not less than 12-point type size, on p…
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(a) The admission agreement shall not include unlawful waivers of facility liability for the health …
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The admission agreement shall include all of the following: (a) A comprehensive description of any i…
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(a) When referring to a resident’s obligation to observe facility rules, the admission agreement sha…
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(a) The admission agreement shall not include any ground for involuntary transfer or eviction of the…
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(a) The admission agreement shall be signed and dated, acknowledging the contents of the document, b…
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(a) The requirements of this article relating to admission agreements for residential care facilitie…
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(a) The personal rights form made available by the department’s Community Care Licensing Division to…
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(a) A corporation that applies for licensure with the department shall list the facilities that any …
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On and after January 1, 1999, no security window bars may be installed or maintained on any resident…
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This chapter shall be known and may be cited as the California Adult Day Health Care Act.
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The Legislature hereby finds and declares that there exists a pattern of overutilization of long-ter…
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As used in this chapter and in any regulations promulgated thereunder: (a) “Adult day health care” m…
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In the event of conflict between the provisions of this chapter and the provisions of Chapter 1 (com…
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Nothing in this chapter shall require any county to include adult day health care as a part of the s…
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(a) The functions and duties of the State Department of Public Health provided for under this chapte…
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The state department may delegate to local health departments the authority to verify compliance wit…
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(a) All adult day health care centers shall maintain compliance with licensing requirements. These r…
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(a) The department and the licensing agencies with which it contracts for licensing shall review and…
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No person or public agency within this state shall provide adult day health care in this state, with…
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(a) (1) Each applicant for a license to operate an adult day health care center shall disclose to th…
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An applicant for initial licensure as an adult day health care center shall file with the department…
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(a) If an adult day health care center or an applicant for a license has not been previously license…
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(a) The department may issue a provisional license to an adult day health care center if all of the …
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(a) As a prudent business practice, a licensee shall maintain sufficient financial resources for adu…
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(a) (1) The State Department of Public Health, prior to issuing a new license, shall obtain a crimin…
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Each application for a new license or renewal submitted to the state department shall be accompanied…
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(a) If the department determines that the adult day health care center operating under a provisional…
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The director shall approve an application for a new license if no substantial basis for denial of th…
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Each license issued or renewed pursuant to this chapter shall not be transferable and the initial li…
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Immediately upon the denial of any application for issuance or renewal of a license, the state depar…
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A provider may share space with another licensed health facility, community care facility, senior ce…
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(a) Notwithstanding subdivisions (b) and (c) of Section 1570.7 or any other provision of law, if an …
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(a) A rural alternative adult day health care center shall operate its programs a minimum of three d…
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The state department shall adopt and may from time to time amend or repeal, in accordance with Chapt…
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(a) An entity providing adult day health care as part of a Program of All-Inclusive Care for the Eld…
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(a) An entity providing adult day health care as part of a Program of All-Inclusive Care for the Eld…
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On or before December 1, 1978, the director shall by regulation adopt an equitable and uniform metho…
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(a) Every adult day health care center shall be periodically inspected and evaluated for quality of …
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Any person may request an inspection of any adult day health center in accordance with the provision…
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Upon receipt of a complaint pursuant to Section 1580.9, the state department shall make a preliminar…
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Any duly authorized officer, employee, or agent of the department or the California Department of Ag…
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The state department may provide consulting services upon request to any adult day health center to …
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Reports on the results of each inspection, evaluation, or consultation performed pursuant to this ar…
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The director shall publish and make available to interested persons a list of all licensed adult day…
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(a) An adult day health care center that provides care for adults with Alzheimer’s disease and other…
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Every adult day health care center shall, for the purpose of addressing issues that arise when an ad…
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No member of the governing board of an adult day health center, nor any member of the immediate fami…
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(a) Any operator of a health facility licensed to provide adult day health care under this chapter s…
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Adult day health care centers shall provide services to each participant pursuant to an individual p…
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No adult day health center shall refuse to provide adult day care health services to any person on t…
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Adult day health care centers may not require family members to attend the center or assist the part…
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(a) Adult day health care centers may not discriminate because of race, color, creed, national origi…
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(a) The state department shall, subject to the availability of funds appropriated therefor, conduct …
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Eligibility for grants pursuant to this article shall be limited to any public or private nonprofit …
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The grant amount available from funds appropriated through the Budget Act for the Adult Day Health C…
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In developing policies and priorities pertaining to the allocation of grant funds, the department sh…
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(a) The department, unless otherwise specified in the interagency agreement entered into pursuant to…
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Subject to the appropriation of funds pursuant to the annual Budget Act, the department may establis…
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State administrative costs on grants issued pursuant to this article shall not exceed 10 percent of …
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The state department may suspend or revoke any license issued under the provisions of this chapter u…
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Proceedings for the suspension, revocation, or denial of a license under this article shall be condu…
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(a) When the director intends to seek the suspension or revocation of a license, the director shall …
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The withdrawal of an application for a license after it has been filed with the state department sha…
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Any license revoked pursuant to this article may be reinstated pursuant to the provisions of Section…
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Any person who negligently, repeatedly, or willfully violates any of the provisions of this chapter,…
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The director may bring an action to enjoin the violation or threatened violation of Section 1575 in …
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Any action brought by the director against an adult day health center shall not abate by reason of a…
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The district attorney of every county shall, upon application by the state department or its authori…
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For the purposes of this chapter, the following definitions shall apply: (a) “Ancillary day care cen…
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(a) The department may charge a fee to a trustline applicant. The department may enter into an inter…
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(a) (1) The Department of Justice shall maintain and continually update an index of reports of child…
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It is a misdemeanor for a person to falsely represent or present himself or herself as a trustline a…
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(a) The department shall enter into a contract with the California Child Care Resource and Referral …
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(a) An employment agency, as defined in Section 1812.501 of the Civil Code, that refers a child care…
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(a) Each license-exempt childcare provider, as defined pursuant to Section 1596.60, who is compensat…
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(a) To the extent permitted by federal law, each childcare provider, as defined by Section 1596.60, …
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(a) This chapter shall be operative on July 1, 1998. (b) (1) Before, on, or after July 1, 1998, the …
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This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with 1597.30) ma…
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This chapter applies to Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Sect…
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The Legislature finds all of the following: (a) That child daycare facilities can contribute positiv…
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The purposes of this act are to: (a) Streamline the administration of childcare licensing and thereb…
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Unless the context otherwise requires, the definitions contained in this chapter govern the construc…
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“Child” means a person who is under 18 years of age who is being provided care and supervision in a …
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“Day care center” means a child day care facility other than a family day care home, and includes in…
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“Department” means the State Department of Social Services.
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(a) “Family daycare home” means a facility that regularly provides care, protection, and supervision…
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“Person” means an individual, partnership, association, corporation, limited liability company, or g…
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No person, firm, partnership, association, or corporation shall operate, establish, manage, conduct,…
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(a) The department shall adopt, amend, or repeal in accordance with Chapter 3.5 (commencing with Sec…
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The department may contract for state, county, or other public agencies to assume specified licensin…
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An applicant or licensee shall file his or her mailing address, in writing, with the department and,…
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The department may issue provisional licenses to operate day care facilities which the director dete…
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No license or special permit issued pursuant to Chapters 3.5 (commencing with Section 15967.90) and …
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(a) The director shall annually publish and make available to interested persons a list or lists cov…
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(a) The department shall institute a staff development and training program within the organizationa…
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The director may bring an action to enjoin the violation or threatened violation of Section 1596.80 …
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No day care center for children shall be licensed under Chapter 3 (commencing with Section 1500), bu…
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Any person desiring issuance of a license for a day care center or a special permit for specialized …
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(a) The department and the licensing agencies with which it contracts for licensing shall review and…
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A license or special permit for a day care center for children may be issued providing the licensee …
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(a) The department shall notify the day care center in writing of all deficiencies in its compliance…
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(a) In addition to the suspension, temporary suspension, or revocation of a license issued under thi…
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Any child care provider who possesses any one of the following identification cards may initiate a b…
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(a) Each person initiating a background examination to be a trustline provider shall either obtain t…
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(a) (1) The department shall establish a trustline registry pursuant to this chapter and shall conti…
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(a) (1) If the department finds that the trustline applicant has been convicted of a crime, other th…
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(a) (1) The department may revoke a provider’s trustline registration for any of the following: (A) …
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All moneys collected by the department to implement this chapter shall, notwithstanding Section 1334…
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Notwithstanding Section 1596.61, the department shall charge a fee to each trustline applicant who p…
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(a) The California Child Care Resource and Referral Network shall have the following responsibilitie…
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The California Child Care Resource and Referral Network, in consultation with representatives of pri…
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(a) It is the intent of the Legislature to protect the well-being of California children by regulati…
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A childcare resource and referral agency established pursuant to Chapter 2 (commencing with Section …
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(a) A person 18 years of age or older, who provides child care or child care supervision in an ancil…
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Pursuant to Section 3200.5 of the Family Code, a professional supervised visitation provider, as des…
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(a) To the extent required by federal law, each license-exempt childcare provider, as defined in Sec…
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“Child day care facility” means a facility that provides nonmedical care to children under 18 years …
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“Director” means the Director of Social Services.
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“Employer-sponsored child care center” means any child day care facility at the employer’s site of b…
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(a) “Probation” means the period of time that a licensed child day care facility is required to comp…
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The Legislature finds and declares all of the following: (a) There is a severe shortage of child car…
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“Nonminor student” means a person 18 years of age or older who qualifies as an individual with excep…
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“Planning agency” means the agency designated pursuant to Section 65100 of the Government Code.
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“Provider” means a person who operates a child day care facility and is licensed pursuant to Chapter…
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This chapter, Chapter 3.5 (commencing with Section 1596.90), and Chapter 3.6 (commencing with Sectio…
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This chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 159…
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The department shall serve as the liaison to child day care facilities for the purposes of Sections …
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(a) The smoking of a tobacco product in a private residence that is licensed as a family day care ho…
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Notwithstanding any other provision of law, payments are not required to be made to any person who p…
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(a) Blood glucose testing for the purposes of monitoring a minor child diagnosed with diabetes may b…
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(a) Notwithstanding any other provision of law, licensees and staff of a child day care facility may…
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(a) Notwithstanding Section 1597.05 or any other law, a drop-in childcare center shall not be requir…
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Notwithstanding any other law, on or before January 1, 2025, the department shall do all of the foll…
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(a) (1) An application fee adjusted by facility and capacity shall be charged by the department for …
§
(a) Notwithstanding any other law, on or before January 1, 2024, the department shall revise its reg…
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No person, firm, partnership, association, or corporation shall provide specialized services within …
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(a) A room used as a classroom by a schoolage childcare program shall not be required to meet the sq…
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The State Department of Social Services, shall allow an extended daycare program, whether or not exe…
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(a) Commencing January 1, 2012, except as provided in subdivisions (b) and (c), a licensed child day…
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(a) A prospective applicant for licensure shall be notified at the time of the initial request for i…
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(a) A prospective applicant for licensure shall be notified at the time of the initial request for i…
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The department shall adopt regulations regarding immunization requirements for children enrolled in …
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(a) A licensed family daycare home operated at a private single-family dwelling with an in-ground sw…
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The department shall, on or before December 31, 1991, review all child care regulations of the depar…
§
(a) The Community Care Licensing Division of the department shall regulate child care licensees thro…
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(a) When the department conducts a site visit of a licensed child day care facility, the department …
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(a) The department shall specify in its licensing report all violations that, if not corrected, will…
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(a) Except as otherwise prohibited by law, the department shall post licensing information on its In…
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Each child day care facility shall maintain a current roster of children who are provided care in th…
§
Following approval by the department of a list of provider rights, the Community Care Licensing Divi…
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(a) Whenever a facility visit and a complaint investigation are conducted at the same time by the de…
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The department shall acknowledge in writing within 10 days of receipt, the request of a licensee to …
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Prior to the issuance of a new license or special permit pursuant to this chapter, Chapter 3.5 (comm…
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(a) The Legislature finds and declares all of the following: (1) The American Academy of Pediatrics,…
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(a) A child day care facility shall not use or have on the premises, on or after July 1, 1998, a ful…
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(a) (1) If an application for a license or special permit indicates, or the department determines du…
§
Any duly authorized officer, employee, or agent of the department may, upon presentation of proper i…
§
(a) Any person may request an inspection of any child daycare facility in accordance with the Califo…
§
The withdrawal of an application for a license or a special permit after it has been filed with the …
§
(a) Upon attendance at an orientation meeting, as described in Section 1596.845, an applicant shall …
§
If the department finds that the applicant is not in compliance with this act or the regulations pro…
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(a) Upon presentation of identification, the responsible parent or guardian of a child receiving ser…
§
A license shall be forfeited by operation of law prior to its expiration date when any one of the fo…
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(a) (1) Each licensed child daycare facility shall make accessible to the public a copy of any licen…
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(a) Each child day care facility licensed under this chapter, Chapter 3.5 (commencing with Section 1…
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(a) The department may approve or deny a written request for enrollment or retention of a nonminor s…
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It is the intent of the Legislature to encourage any person who provides child care in a child day c…
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(a) (1) In addition to other required training, at least one director or teacher at each day care ce…
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(a) All child day care facilities, as defined in Section 1596.750, shall include an Earthquake Prepa…
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Directors of combination child day care facilities shall be included in the teacher-child ratio duri…
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The Legislature recognizes the need to generate timely and accurate positive fingerprint identificat…
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§ 1596.872a
§
§ 1596.872b
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The Early Childhood Policy Council established pursuant to Section 10320 of the Welfare and Institut…
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(a) The State Department of Social Services shall furnish each licensed child day care facility with…
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To assure compliance with this act, the department shall: (a) Conduct ongoing in-service programs fo…
§
In any case in which a child day care facility releases a minor to a peace officer pursuant to Secti…
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(a) Prior to granting a license to, or otherwise approving, any family day care home, the department…
§
The department shall establish, administer, and monitor programs which license child day care facili…
§
Immediately upon the denial of any application for a license or for a special permit, the department…
§
For the purposes of this article: (a) “Employee” means employee of a licensee or employee of the age…
§
No employer shall discharge, demote, or suspend, or threaten to discharge, demote, or suspend, or in…
§
(a) A claim by the employee alleging the violation by the employer of Section 1596.881 shall be pres…
§
Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former em…
§
The department may deny an application for or suspend or revoke any license, registration, or specia…
§
The director may temporarily suspend any license, registration, or special permit prior to any heari…
§
(a) Proceedings for the suspension, revocation, or denial of a license, registration, or special per…
§
Any license, registration, or special permit suspended pursuant to this chapter, and any special per…
§
In all proceedings conducted in accordance with Section 1596.887, the preponderance of the evidence …
§
(a) Any person who willfully or repeatedly violates any provision of this chapter, or any rule or re…
§
(a) A person who violates Section 1596.80 may be liable for an immediate assessment of civil penalti…
§
The civil, criminal, and administrative remedies available to the department pursuant to this articl…
§
§ 1596.893a
§
§ 1596.893b
§
§ 1596.893c
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Any action brought by the department against an unlicensed child day care facility shall not abate b…
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(a) The department shall notify resource and referral agencies funded pursuant to Section 10217 of t…
§
(a) It is the intent of the Legislature to create a childcare license that has individual program co…
§
(a) A corporation that applies for licensure with the department shall list the facilities that any …
§
Every licensed child day care center shall have one or more carbon monoxide detectors in the facilit…
§
“Schoolage child care center” means a day care center or part of a day care center that provides non…
§
“Drop-in childcare center” means any daycare center, as defined in Section 1596.76, that exclusively…
§
(a) On or before July 1, 2019, the State Department of Education shall adopt new health and safety r…
§
(a) (1) On or before July 1, 2027, the department, in consultation with the Emergency Medical Servic…
§
(a) (1) Commencing September 1, 2016, a person shall not be employed or volunteer at a day care cent…
§
(a) A licensed child day care facility, upon enrolling or reenrolling any child, shall provide the p…
§
(a) Notwithstanding any other provision of law, the department shall conduct any authorized inspecti…
§
A licensed child day care facility shall post its license in a prominent, publicly accessible locati…
§
(a) (1) Each licensed child day care facility shall post a copy of any licensing report pertaining t…
§
(a) For purposes of the training required pursuant to paragraph (4) of subdivision (a) of Section 15…
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(a) The department shall do all of the following: (1) Make information available to all licensed chi…
§
(a) (1) Whenever an individual is excluded by the department from a licensed family day care home, t…
§
(a) The Department of Justice may charge a fee sufficient to cover its costs in providing services i…
§
On or before March 1, 2000, the State Department of Social Services shall convene a workgroup to rev…
§
If a licensee or facility is required by law to deny employment or to terminate employment of any em…
§
(a) For licensing purposes, employees of a childcare and development program operated by a school di…
§
(a) When a local child protective agency, as defined in Section 11165 of the Penal Code, has a reaso…
§
The State Department of Social Services shall reopen an investigation into a licensed child day care…
§
(a) The department shall conduct an unannounced visit to a facility within 30 days after the effecti…
§
(a) The administrative law judge conducting a hearing under this article may permit the testimony of…
§
(a) (1) An out-of-court statement made by a minor under 12 years of age who is the subject or victim…
§
In addition to the witness fees and mileage provided by Section 11450.40 of the Government Code, the…
§
(a) Whenever the director temporarily suspends the license, registration, or special permit of a chi…
§
(a) The department may prohibit any person from being a member of the board of directors, an executi…
§
(a) (1) If the department determines that a person was issued a license under this chapter, Chapter …
§
The department shall conduct an unannounced visit to a facility within 30 days after the department …
§
Any person who, without lawful authorization from a duly authorized officer, employee, or agent of t…
§
(a) Licensing reviews of a child day care center shall be limited to health and safety consideration…
§
The department shall require of every licensee a written policy statement which shall include names …
§
All site visits shall be unannounced.
§
(a) Each licensed child day care center shall be subject to unannounced inspections by the departmen…
§
The department shall notify the State Department of Education when a child care or development facil…
§
The department and any local agency with which it contracts for the licensing of day care centers sh…
§
(a) Notwithstanding Section 1596.858, in the event of a sale of a licensed child day care center whe…
§
(a) The director shall authorize the University of California to conduct a pilot project pursuant to…
§
(a) (1) A licensed child day care center, as defined in Section 1596.76, that is located in a buildi…
§
The Legislature finds and declares all of the following: (a) There is a critical need to increase op…
§
The following requirements shall apply to schoolage day care centers: (a) The State Department of So…
§
(a) When colocated with multifamily housing, the use of a daycare center shall be considered a resid…
§
The Legislature finds and declares all of the following: (a) The Legislature has a responsibility to…
§
The department shall provide written documentation to providers of the need for repairs, renovations…
§
(a) It is the intent of the Legislature that family daycare homes for children should be situated in…
§
(a) Every provision in a written instrument relating to real property that purports to restrict the …
§
The use of a home as a family daycare home, operated under the standards of state law, in a resident…
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The Legislature finds and declares all of the following: (a) Family day care homes operated under th…
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A small family day care home may provide care for more than six and up to eight children, without an…
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(a) The use of a home as a small or large family daycare home shall be considered a residential use …
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(a) A large family daycare home shall abide by all standards, in addition to the requirements of the…
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(a) Licensing reviews of a family day care home for children shall be limited to health and safety c…
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No family day care home for children shall be licensed under Chapter 3 (commencing with Section 1500…
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(a) All family daycare homes for children, shall apply for a license under this chapter, except that…
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(a) Notwithstanding any other educational requirements, a person may be hired as a teacher in a day …
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§ 1597.55a
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§ 1597.55b
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Notwithstanding any other educational requirements, a person may be hired to provide extended day ca…
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(a) The department shall notify a family day care home in writing of all deficiencies in its complia…
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The department shall do all of the following: (a) Develop and utilize one application form for all f…
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Any requirement established by the department, pursuant to Article 1 (commencing with Section 1596.7…
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(a) In addition to the suspension, temporary suspension, or revocation of a license issued under thi…
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(a) The State Department of Social Services shall adopt guidelines and procedures to permit an aide …
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The department and the local agencies with which it contracts for the licensing of family day care h…
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(a) When the department determines that a family day care home for children is operating without a l…
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(a) The department may impose civil penalties of not less than twenty-five dollars ($25) and not mor…
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The Legislature finds and declares the following: (a) It is significant that the Santa Clara County …
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To encourage and facilitate the establishment of employer-sponsored child day care centers, the depa…
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(a) In addition to the visits required by Section 1597.09, the department shall annually make unanno…
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(a) A small family daycare home shall not be subject to Article 1 (commencing with Section 13100) or…
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A large family day care home may provide care for more than 12 children and up to and including 14 c…
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(a) Whenever any licensee under this chapter has reasonable cause to believe that a child in his or …
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(a) All family day care homes for children shall maintain in force either liability insurance coveri…
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(a) The department shall adopt regulations regarding age-appropriate immunization requirements for e…
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(a) The Division of Child Care Licensing in the department shall clearly differentiate degrees of vi…
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(a) The State Fire Marshal shall update the building and fire standards necessary to implement the s…
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Family day care homes that, on December 31, 1983, have a valid unexpired registration to operate as …
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(a) (1) Commencing September 1, 2016, a person shall not be employed or volunteer at a family day ca…
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(a) Except as required by state or federal or as required to administer a state or federally support…
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It is the intent of the Legislature in the enactment of this chapter to establish a grant program ad…
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The State Department of Social Services shall provide grants to proposed and existing local rape vic…
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The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to t…
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It is the intent of the Legislature in enacting this chapter to expressly set forth fundamental huma…
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Written policies regarding the rights of residents shall be established and shall be made available …
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Written information informing patients of their rights shall include a preamble or preliminary state…
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Any rights under this chapter of a patient judicially determined to be incompetent, or who is found …
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In no event shall this chapter be construed or applied in a manner which imposes new or additional o…
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(a) As used in this section, the following definitions shall apply: (1) “Informed consent” means the…
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As used in this chapter: (a) “Abbreviated contract of admission” means a contract which meets the pr…
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(a) By January 1, 2000, all skilled nursing facilities, as defined in subdivision (c) of Section 125…
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(a) Contracts of admission shall not include unlawful waivers of facility liability for the health a…
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(a) Every long-term health care facility shall make complete blank copies of its admission contract …
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(a) All abbreviated contracts of admission and contracts of admission shall be printed in black type…
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(a) Prior to or at the time of admission, the facility shall make reasonable efforts to communicate …
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Every contract of admission shall clearly and explicitly state whether the facility participates in …
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(a) Every contract of admission shall state clearly what services and supplies are covered by the fa…
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Any long-term health care facility that imposes interest charges on delinquent accounts shall clearl…
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(a) The contract of admission for any long-term health care facility that is a Medi-Cal certified fa…
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(a) No contract of admission may require a security deposit from a Medi-Cal beneficiary who applies …
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(a) No contract of admission shall require the resident to pay for days beyond the date of his or he…
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No contract of admission shall include a clause requiring residents to sign a consent to all treatme…
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(a) Every contract of admission shall state that residents have a right to confidential treatment of…
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(a) The department shall translate both the statutory Patients’ Bill of Rights, as provided in Chapt…
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(a) When referring to a resident’s obligation to observe facility rules, the contract of admission s…
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(a) No contract of admission shall list any ground for involuntary transfer or discharge of the resi…
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With respect to transfer or eviction of a resident pursuant to Section 1439.7: (a) Contracts of admi…
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(a) A contract of admission shall state that, except in an emergency, a resident may not be involunt…
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Every contract of admission shall meet the requirements of Section 72520 of Title 22 of the Californ…
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Facilities that wish to photograph a resident for other than staff identification or health care pur…
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(a) All contracts of admission that contain an arbitration clause shall clearly indicate that agreem…
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No contract of admission shall include a clause that purports to alter the statutory period for fili…
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If a provision for the payment of attorney’s fees is included in the admission contract, it shall st…
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This chapter applies to new admissions to skilled nursing and intermediate care facilities on and af…
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Long-term health care facilities must prominently and clearly display the following notice on all co…
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“Contract of admission,” as used in this chapter, includes all documents which a resident or his or …
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The Department of Health Services (the Department) shall compile a list of approximately twenty five…
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The Department shall issue regulations to implement this Chapter, including permitting one disclosur…
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The remedies for violations of this Chapter are as provided in Government Code Section 12269.
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(a) Within 30 days of approval of a change of ownership by the State Department of Public Health, th…
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A person who seeks to be admitted to the same long-term health care facility for which there exists …
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A person who seeks to be admitted to the same skilled nursing facility or intermediate care facility…
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Unless the context otherwise requires, the definitions in this article govern the construction of th…
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“Biologics” includes the following products which are offered for sale or distribution for the preve…
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“Blood bank” means any place where human whole blood, and human whole blood derivatives specified by…
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“Blood bank depository” means any place other than a blood bank where human whole blood and human wh…
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“Distribution” includes sale and exchange.
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“Production” includes collection, preparation, testing, processing, storage, and distribution of bio…
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“Department” means the State Department of Health Services.
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“Carrier donor” means any donor of human whole blood whose blood donation has been found, either by …
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“Possible carrier donor” means any donor of human whole blood whose blood donation was administered …
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“Carrier of viral hepatitis” means a person under treatment by a physician who has contracted viral …
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“Blood collection center” means a stationary auxiliary to a blood bank which is designed, equipped, …
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“Stationary” means a nonmobile room or building maintained at a fixed address.
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“Mobile unit” means a transportable auxiliary to a blood bank designed, equipped, and staffed to pro…
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“Blood component” or “blood derivative” means any product produced from whole blood.
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(a) No person shall engage in the production of human whole blood or human whole blood derivatives u…
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(a) No person shall import any human whole blood or human whole blood derivative produced outside th…
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(a) Except as provided in this subdivision, no blood or blood components shall be used in vivo for h…
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(a) Each blood bank or plasma center shall require as identification either a photographic driver’s …
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(a) Before donation of blood or blood components, a donor shall be notified in writing of, and shall…
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(a) Notwithstanding Chapter 7 (commencing with Section 120975) of Part 4 of Division 105, or any oth…
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(a) Notwithstanding any other provision of law, every person engaged in the production of blood shal…
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The distribution or release for distribution by blood banks of human whole blood, or those human who…
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(a) Notwithstanding any other provision of law, in order to provide umbilical cord blood banking sto…
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Establishments which receive human whole blood and human whole blood derivatives specified by regula…
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The procurement, processing, distribution, or use of whole blood, plasma, blood products, and blood …
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(a) Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical labor…
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(a) Notwithstanding any other provision of law, a person who has attained the age of 17 may consent …
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This chapter does not repeal or in any manner affect any provision of the Business and Professions C…
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No person shall engage in the production of biologics other than human whole blood and human whole b…
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The department shall make rules and regulations governing the production of all biologics produced i…
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The department may make rules and regulations governing the transportation or distribution of cultur…
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Applications for licenses issued under this chapter shall be made upon forms issued by the departmen…
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If the department does not within 60 days after the filing of the application issue a license, it sh…
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(a) A license shall be automatically revoked when there is a change of address, ownership, or person…
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(a) Each application for a license or license renewal under this chapter shall be accompanied by a f…
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(a) The fee required pursuant to Section 1616 for the calendar year commencing January 1, 1992, and …
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(a) The department shall administer this chapter. (b) In order to carry out this chapter, any duly a…
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(a) Licenses shall be suspended or revoked by the department for the violation of any provision of t…
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Nothing in this chapter shall be considered to be in conflict with Part 5 (commencing with Section 1…
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The violation of any provision of this chapter is a misdemeanor punishable by a fine of not less tha…
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As used in this article: (a) “Blood” means human whole blood or components of human blood, including…
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In addition to the requirements of Section 1602.1, subdivisions (a) to (c), inclusive, of Section 10…
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(a) Except as provided in subdivisions (b) and (c), it shall be unlawful, in any transfusion of bloo…
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(a) (1) The University of California is requested to develop a plan to establish and administer the …
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(a) The University of California may accept public and private funds for the purpose of implementing…
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In implementing the program, the department shall make every effort to avoid duplication or conflict…
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(a) On or before January 1, 2026, if it elects to administer the Umbilical Cord Blood Collection Pro…
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This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
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(a) “Department” means the State Department of Public Health. (b) “Donor” means an individual, livin…
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(a) Except as provided in subdivision (b), every tissue bank operating in California on or after Jul…
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The Legislature hereby declares its intent that the collection, processing, storage, or distribution…
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(a) The department may adopt rules and regulations governing the administration and enforcement of t…
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Any person desiring a license issued pursuant to Section 1639.3 shall file with the state department…
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(a) Notwithstanding Section 1639, the state department shall adopt, on or before July 1, 2004, rules…
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(a) Each license issued pursuant to subdivision (a) of Section 1639.3 before July 1, 1992, shall exp…
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(a) Upon the filing of the verified application for licensure required by Section 1639.1, payment of…
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Immediately upon the denial of any application for a license, the state department shall notify the …
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(a) The application and annual renewal fee for a tissue bank license shall be nine hundred fifty dol…
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(a) In order to carry out the purpose of this chapter, any duly authorized representative of the dep…
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Any person, when submitting an application for a license, including the renewal thereof, pursuant to…
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(a) There is hereby established in the State Treasury the Tissue Bank License Fund. Notwithstanding …
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The department shall submit a report to the Legislature no later than January 1, 2003, including, bu…
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Any person who violates this chapter or who willfully and repeatedly violates any rule or regulation…
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The state department may bring an action to enjoin the violation or threatened violation of Section …
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The state department may suspend or revoke any license issued under this chapter for any of the foll…
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Proceedings for the suspension or revocation of licenses under this chapter shall be conducted in ac…
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The state department may temporarily suspend any license issued under this chapter prior to any hear…
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(a) For purposes of this chapter, “donor,” “person,” “tissue,” “transplantation,” and “department” s…
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(a) A gamete bank licensed in this state shall collect and retain from a gamete donor the donor’s id…
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(a) A gamete bank licensed in this state that collects gametes from a donor shall do all of the foll…
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(a) On request of a child conceived by assisted reproduction using donor gametes who attains 18 year…
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(a) Except as provided in subdivision (c) or (d), tissues shall not be transferred into the body of …
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(a) No physician and surgeon shall be subject to liability for damages for any cause of action based…
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Any entity that receives genetic material of a human being that may be used for conception shall pro…
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Any entity that receives genetic material of a human being that may be used for conception shall mak…
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This chapter does not apply to the application of somatic nuclear transfer technology to the creatio…
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(a) Whenever there is a reasonable possibility, as determined by a physician and surgeon or doctor o…
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The procurement, processing, distribution, or use of human milk for the purpose of human consumption…
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(a) A hospital collecting, processing, storing, or distributing human milk collected from a mother e…
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(a) This chapter shall be known, and may be cited, as the “Compassionate Access to Medical Cannabis …
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Unless the context requires otherwise, the following definitions shall apply for purposes of this ch…
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(a) Except as provided in subdivision (b), a health care facility shall permit patient use of medici…
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(a) Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patient’s pr…
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This chapter does not require a health care facility to provide or furnish a patient with a recommen…
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(a) This chapter shall be enforced by the State Department of Public Health. (b) Compliance with thi…
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(a) If a federal regulatory agency, the United States Department of Justice (US DOJ), or the federal…
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The public health and welfare depend on the humane use of animals for scientific advancement in the …
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The State Department of Health Services shall administer the provisions of this chapter. Every provi…
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The department shall make and promulgate, and may thereafter modify, amend or rescind, reasonable ru…
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The provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of …
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The department is hereby authorized to inspect any premises or property on or in which animals are k…
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No person shall keep or use animals for diagnostic purposes, education or research unless approved b…
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The board shall prescribe the rules under which approval shall be granted including the standards re…
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The board may, upon its own motion, and shall upon the verified complaint in writing of any person, …
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This chapter does not apply to any veterinary licensed to practice veterinary medicine in this State…
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Nothing contained in this chapter shall be construed to limit or restrict the right of counties, cit…
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It is unlawful for any person to use animals for the purposes provided for in this chapter without t…
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Any person who violates this chapter is guilty of a misdemeanor.
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An annual fee, to be employed for the enforcement of this act, shall accompany each application for …
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Annual fees payable under this chapter shall become due and payable by each person approved by the b…
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The governing body of a city, county, city and county or school district may employ one or more scho…
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The State Department of Health Services shall, subject to the provisions of Section 1685, issue cert…
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(a) Prior to the performance of a hysterectomy, physicians and surgeons shall obtain verbal and writ…
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The failure of a physician and surgeon to inform a patient by means of written consent, in layman’s …
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To the extent that funds are available in the State Department of Health Services’ budget for the 19…
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(a) The purpose of this chapter is to require licensure of home health agencies in order to protect …
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(a) No private or public organization, including, but not limited to, any partnership, corporation, …
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(a) “Home health agency” means a private or public organization, including, but not limited to, any …
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A licensed home health agency may also provide, or arrange for the provision of, other therapeutic s…
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Each home health agency providing home health agency services shall do all of the following: (a) Pro…
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(a) The Legislature finds and declares the following: (1) Thousands of patients receive home health …
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Any person, organization, political subdivision of the state or governmental agency desiring a licen…
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(a) To qualify for a home health agency license, the following requirements shall be met: (1) Every …
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(a) If a home health agency or an applicant for a license has not been previously licensed, the stat…
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Notwithstanding Sections 1728.1 and 1732, the state department may issue a provisional license to a …
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(a) Notwithstanding any other provision of this chapter, the department shall issue a license to a h…
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(a) It is the intent of the Legislature to ensure that the department licenses and certifies home he…
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Each application for a license under this chapter, except applications by the State of California or…
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(a) Each license issued under this chapter shall expire 12 months from the date of its issuance. App…
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No person, public or private organization, political subdivision of the state, or other governmental…
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Upon filing of the application for a license provided for in, and upon full compliance with, the pro…
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Every home health agency for which a license has been issued, except a facility that is certified to…
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(a) The state department shall adopt, and may thereafter modify, amend, or rescind, reasonable rules…
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(a) The department may grant to entities contracting with the department under the PACE program, as …
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The state department may deny any application for, or suspend or revoke any license issued under the…
§
Proceedings for the denial, suspension or revocation of licenses or denial or withdrawal of approval…
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(a) An applicant for certification as a certified home health aide shall comply with each of the fol…
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(a) Certificates issued for certified home health aides shall be renewed every two years and renewal…
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(a) The state department shall investigate complaints concerning misconduct by certified home health…
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(a) The department shall deny a training application and deny, suspend, or revoke a certificate issu…
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(a) (1) A criminal record clearance shall be conducted by the department for all home health aides b…
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(a) The state department may request and maintain employment information for home health aides. (b) …
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(a) A person who provides classroom and supervised practical training for a home health aide, as man…
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(a) An online or distance learning training program for home health aide certification or in-service…
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Any license revoked pursuant to this chapter may be reinstated pursuant to the provisions of Section…
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Any licensee may, with the approval of the state department, surrender his license for suspension or…
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This chapter does not apply to either of the following: (a) A home health agency conducted by and fo…
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Any person who violates any of the provisions of this chapter or of the rules and regulations promul…
§
The director may bring an action to enjoin the violation or threatened violation of Section 1726 in …
§
Any officer, employee, or agent of the state department may enter and inspect any building, premises…
§
The district attorney of every county shall, upon application by the state department or its authori…
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(a) The Legislature finds and declares all of the following: (1) There is currently a crisis in acce…
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(a) “Private duty nursing agency” means a private or public organization, including, but not limited…
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Each private duty nursing agency providing services shall do all of the following: (a) Provide for a…
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Any person, organization, political subdivision of the state or governmental agency desiring a licen…
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(a) To qualify for a private duty nursing agency license, the following requirements shall be met: (…
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(a) If a private duty nursing agency or an applicant for a license has not been previously licensed,…
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(a) Notwithstanding Sections 1743.9 and 1743.15, if a private duty nursing agency or an applicant fo…
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(a) Upon filing an application for a private duty nursing agency license as provided for in, and upo…
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Each application for a private duty nursing agency license under this chapter, except applications b…
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Each private duty nursing agency license issued under this chapter shall expire 12 months from the d…
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(a) Every private duty nursing agency for which a license has been issued, except a facility that is…
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(a) The department shall apply its current regulations governing home health agencies to home health…
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(a) The department may deny any application for, or suspend or revoke, any private duty nursing lice…
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(a) Any license revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the …
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The provisions of this chapter do not apply to the adherents of any well recognized church or religi…
§
Any person who violates any of the provisions of this chapter, or of the rules and regulations promu…
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The director may bring an action to enjoin the violation or threatened violation of Section 1743 in …
§
Any officer, employee, or agent of the department may enter and inspect any building, premises, reco…
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The district attorney of every county shall, upon application by the department or its authorized re…
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(a) The purposes of this chapter are to provide for the licensure of hospices by the state departmen…
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For the purposes of this chapter, the following definitions apply: (a) “Bereavement services” means …
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(a) A hospice provider, employed hospice staff, or an agent for the hospice shall not give payment t…
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For purposes of this article: (a) “Patient’s representative” means either a person designated by the…
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(a) No person, political subdivision of the state, or other governmental agency, that is not operati…
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A hospice program certified in accordance with federal Medicare hospice conditions of participation …
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(a) Notwithstanding any other law, beginning January 1, 2018, a licensee pursuant to this chapter ma…
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Each hospice licensed pursuant to this chapter shall maintain, and revise as needed, and implement p…
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(a) Except as otherwise provided in subdivision (b) or (d) of Section 1747, no person, political sub…
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(a) To qualify for a license under this chapter, an applicant shall satisfy all of the following: (1…
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The Legislature recognizes that hospices can apply for certification for their hospice programs from…
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(a) Each new and renewal application for a license under this chapter shall be accompanied by an ann…
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(a) Upon an applicant’s filing an application for licensure under this chapter and compliance with t…
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(a) Notwithstanding any other provision of this chapter, the department shall issue a license to a h…
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(a) Notwithstanding any other law and except as provided in Section 1751.75, on and after January 1,…
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(a) The department may grant an exception to the moratorium imposed by this article upon making a wr…
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This article shall not be deemed to modify the authority of the department to renew a license pursua…
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This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
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(a) During the initial visit, in advance of furnishing care, a hospice shall provide a patient or th…
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(a) A licensed hospice, at the state department’s option, may periodically be inspected by a duly au…
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(a) Any person may request an investigation of a hospice agency in accordance with this chapter by m…
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(a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Se…
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On or before January 1, 2026, the department shall adopt emergency regulations to implement the reco…
§
(a) Any licensee may, with the approval of the state department, surrender his or her license for su…
§
(a) The department may deny any application for licensure, or suspend or revoke any license issued, …
§
(a) The suspension, expiration, or forfeiture by operation of law of a license issued by the state d…
§
Any person who violates any provision of this chapter or any rule or regulation promulgated under th…
§
The director may bring an action to enjoin the violation or threatened violation of Section 1748 in …
§
The district attorney of every county shall, upon application by the state department or its authori…
§
In enacting this chapter, it is the intent of the Legislature to create, within the state department…
§
As used in this chapter, the following definitions shall apply: (a) (1) “Pediatric day health and re…
§
(a) The state department shall develop and adopt regulations for the licensure of, and shall license…
§
The annual Licensing and Certification Program fee for a pediatric day health and respite care facil…
§
(a) A pediatric day health and respite care facility shall provide all of the following services: (1…
§
A pediatric day health and respite care facility shall provide pharmacy services that satisfy all of…
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(a) A pediatric day health and respite care facility may establish admission criteria based upon the…
§
A pediatric day health and respite care facility may implement policies and procedures that prohibit…
§
Pediatric day health and respite care facilities shall be separately licensed.
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(a) Pediatric day health and respite care facilities shall meet the same fire safety standards adopt…
§
A pediatric day health and respite care facility of six beds or less shall be considered a residenti…
§
A pediatric day health and respite care facility shall conspicuously post the license, or a true cop…
§
A pediatric day health and respite care facility shall not be subject to architectural plan review o…
§
Sections 1761.2, 1761.4, and 1761.8 do not prohibit the use of alternate space utilization, new conc…
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(a) In order to obtain a license under the provisions of this chapter to establish, conduct, or main…
§
(a) If a pediatric day health and respite care facility or an applicant for a license has not been p…
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(a) A license issued under this chapter shall expire 12 months from the date of its issuance. The li…
§
Every pediatric day health and respite care facility for which a license has been issued shall be pe…
§
The state department may deny an application for, or suspend or revoke a license issued under the pr…
§
Proceedings for the denial, suspension, or revocation of licenses, or denial or withdrawal of approv…
§
The state department has authority to make reasonable accommodation for exceptions to the standards …
§
(a) For purposes of this chapter, the following definitions shall apply: (1) “Distinct part” means a…
§
This chapter shall be known, and may be cited as, the Mobile Health Care Services Act.
§
As used in this chapter, the following definitions shall apply: (a) “Parent facility” means a health…
§
The purpose of this chapter is to provide for the use of mobile units to provide medical, diagnostic…
§
A mobile unit may operate as one of the following: (a) As an adjunct to a licensed health facility o…
§
The state department shall charge applicants a licensure fee as follows: (a) Pursuant to Chapter 1 (…
§
Compliance with all of the following criteria shall be required prior to licensure: (a) The mobile u…
§
(a) Except as provided in subdivision (b), no person, political subdivision of the state, or governm…
§
(a) Any applicant under this chapter shall file with the state department an application. The applic…
§
(a) To qualify for a license under this chapter, an applicant shall satisfy all the requirements of …
§
(a) Mobile units that provide services as an addition to the existing license of a parent facility s…
§
(a) A licensee using mobile services pursuant to this chapter shall, at the department’s option, be …
§
(a) The mobile unit shall be of sufficient size and shall be arranged in a manner that is appropriat…
§
(a) The licensed parent facility or clinic shall be responsible for obtaining approvals for the site…
§
Any licensee using mobile services pursuant to this chapter shall do all of the following: (a) Have …
§
(a) For general acute care hospitals, mobile unit services shall not be utilized as a primary source…
§
The mobile unit shall comply with all of the following: (a) It shall have supplies and equipment to …
§
The state department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with …
§
The Legislature finds, declares, and intends all of the following: (a) Continuing care retirement co…
§
Unless the context otherwise requires, the definitions in this section govern the interpretation of …
§
(a) An entity shall apply for and hold a currently valid permit to accept deposits before it may ent…
§
(a) This chapter shall not apply to either of the following: (1) An arrangement for the care of a pe…
§
An entity may conduct a market test for a proposed continuing care retirement community and collect …
§
The department shall not issue a provisional certificate of authority or a certificate of authority …
§
(a) Any entity may apply to the department for a Letter of Nonapplicability for reasons other than t…
§
(a) A resident of a continuing care retirement community shall not be deprived of any civil or legal…
§
(a) The Legislature finds and declares all of the following: (1) The residents of continuing care re…
§
Each provider shall adopt a comprehensive disaster preparedness plan specifying policies for evacuat…
§
(a) No report, circular, public announcement, certificate, financial statement, or any other printed…
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(a) All printed advertising materials, including brochures, circulars, public announcements, and sim…
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(a) A provisional certificate of authority or certificate of authority may not be sold, transferred,…
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No arrangement allowed by a permit to accept deposits, a provisional certificate or authority, or a …
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(a) To the extent that this chapter, as interpreted by the department, conflicts with the statutes, …
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The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Sectio…
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The department may, by any duly authorized representative, inspect and examine any continuing care r…
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(a) The Continuing Care Contracts Branch of the department shall enter and review each continuing ca…
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The department may contract with any entity to provide consultation services. In providing the servi…
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(a) Pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of…
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(a) There is hereby created in the State Treasury a fund that shall be known as the CCRC Oversight F…
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(a) An entity shall file an application for a permit to accept deposits and for a certificate of aut…
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(a) Any entity filing an application for a permit to accept deposits and a certificate of authority …
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An application shall contain all of the following: (a) A statement signed by the applicant under pen…
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(a) Within seven calendar days of receipt of an initial application for a permit to accept deposits …
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(a) Where any portion of the consideration transferred to an applicant as a deposit or to a provider…
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(a) The applicant shall notify the department of material changes in the application information sub…
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(a) The department shall deny an application for a permit to accept deposits and a certificate of au…
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The department shall issue a permit to accept deposits when it has done all of the following: (a) De…
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(a) A deposit may be paid in one or several payments, at or after the time the parties enter into th…
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(a) All deposit agreements between the applicant and the depositor shall be in writing and shall con…
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(a) All deposits, excluding processing fees, shall be placed in an escrow account. All terms governi…
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(a) All deposits shall be delivered to the escrow agent and deposited into the deposit escrow accoun…
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The deposit escrow account agreement between the applicant and the escrow agent shall include all of…
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All changes to a deposit agreement or deposit escrow account agreement form shall be submitted to, a…
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(a) Deposits held in escrow shall be placed in an interest bearing account or invested as provided u…
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No deposit or any other asset held in a deposit escrow account, shall be encumbered or used as colla…
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(a) An applicant shall not begin construction on any phase of a continuing care retirement community…
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(a) (1) An applicant proposing to convert an existing building to continuing care use shall comply w…
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(a) An escrow agent shall refund to the depositor all amounts required by the depositor’s deposit ag…
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(a) In order to seek a release of escrowed funds, the applicant shall petition in writing to the dep…
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(a) If construction of the proposed continuing care retirement community, or applicable phase, has n…
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(a) If, at any time prior to issuance of a certificate of authority, the applicant’s average perform…
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(a) The department shall issue a provisional certificate of authority when an applicant has done all…
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(a) The department shall not issue a certificate of authority to an applicant or a provider, until t…
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(a) All continuing care contracts shall be in writing and shall contain all the information required…
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(a) A continuing care contract shall contain all of the following: (1) The legal name and address of…
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(a) A continuing care contract may be canceled without cause by written notice from either party wit…
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(a) During the cancellation period, the provider shall pay all refunds owed to a resident within 14 …
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(a) A provider shall notify the department and obtain its approval before making any changes to any …
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(a) Before executing a deposit agreement or continuing care agreement, or receiving any payment from…
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(a) A provider shall provide the department with written notice at least 90 calendar days prior to c…
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(a) A provider for a continuing care retirement community shall obtain approval from the department …
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A provider shall record with the county recorder a “Notice of Statutory Limitation on Transfer” for …
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Each provider shall obtain and maintain in effect insurance or a fidelity bond for each agent or emp…
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(a) Each provider that has obtained a provisional or final certificate of authority and each provide…
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(a) An annual fee shall be required of each provider which has obtained a provisional or final certi…
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(a) A provider shall maintain at all times qualifying assets as a liquid reserve in an amount that e…
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(a) A provider shall satisfy its liquid reserve obligation with qualifying assets. Qualifying assets…
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(a) Each provider shall include in its liquid reserve a reserve for its long-term debt obligations i…
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(a) Each provider shall include in its liquid reserve a reserve for its operating expenses in an amo…
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(a) The provider shall compute its liquid reserve requirement as of the end of the provider’s most r…
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(a) Any provider offering a refundable contract, or other entity assuming responsibility for refunda…
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(a) The Legislature finds and declares all of the following: (1) In continuing care contracts, provi…
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(a) For purposes of this article, “actuarial study” means an analysis that addresses the current act…
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(a) All providers shall file annually with the department a financial report disclosing key financia…
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(a) Each provider that has entered into Type A contracts shall submit to the department, at least on…
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(a) Any provider offering a refundable contract, or other entity assuming responsibility for refunda…
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(a) An entity that accepts deposits and proposes to promise to provide care without having a current…
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(a) The department may issue citations pursuant to this section containing orders of abatement and a…
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A permit to accept deposits, a provisional certificate of authority, or a certificate of authority s…
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A Certificate of Authority shall be automatically inactivated when a provider voluntarily ceases to …
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(a) In the event of receivership or liquidation, all claims made against a provider based on the pro…
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(a) Any transfer of money or property, pursuant to a continuing care contract found by the departmen…
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(a) The department may require a provider to submit a financial plan and periodic financial reports …
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(a) When necessary to secure an applicant’s or a provider’s performance of its obligations to deposi…
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(a) When necessary to secure the interests of depositors or residents, the department may require th…
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The civil, criminal, and administrative remedies available to the department pursuant to this articl…
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The department, in its discretion, may condition, suspend, or revoke any permit to accept deposits, …
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(a) If the department conditions, suspends, or revokes any permit to accept deposits, provisional ce…
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(a) During the period that the revocation or suspension action is pending against the permit to acce…
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(a) If the department finds that any entity has violated Section 1793.5 or one or more grounds exist…
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In the case of any violation or threatened violation of this chapter, the department may institute a…
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(a) The district attorney of every county may, upon application by the department or its authorized …
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(a) The department may petition the superior court for an order appointing a qualified administrator…
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The court-appointed administrator shall immediately notify the residents of that appointment and of …
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If an administrator is appointed to rehabilitate a provider, the administrator may do any of the fol…
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(a) The appointed administrator is entitled to reasonable compensation. (b) The costs compensating t…
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(a) The department, administrator, or any interested person, upon due notice to the administrator, a…
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(a) If at any time the department determines that further efforts to rehabilitate the provider would…
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(a) The department, administrator, or any interested person, upon due notice to the parties, may pet…
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(a) Notwithstanding any other provisions of law, a provider regulated under this chapter shall, no l…
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No less than 90 days prior to the permanent closure of the continuing care retirement community faci…
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(a) In the case of a permanent closure, the provider shall offer the resident the choice of the foll…
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(a) When there is a permanent closure, as defined in paragraph (3) of subdivision (p) of Section 177…
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(a) The provider shall submit monthly progress reports to the department detailing the progress and …
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(a) All providers shall include in resident contracts the procedures to be followed to ensure that r…
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The provider shall set forth specific procedures for the resident to follow regarding relocation to …
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(a) Notwithstanding any other provision of law, a skilled nursing facility as defined in subdivision…
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This chapter shall be known, and may be cited, as the Home Care Services Consumer Protection Act.
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The State Department of Social Services shall administer and enforce this chapter.
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For purposes of this chapter, the following definitions shall apply: (a) “Affiliated home care aide”…
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(a) Individuals who are not employed by a home care organization but who provide home care services …
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This chapter shall not prohibit an individual from employing an individual not listed on the home ca…
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(a) A registered home care aide may provide home care services to more than one child for a family, …
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(a) Each home care organization shall be separately licensed. This chapter does not prevent a licens…
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(a) The department may prohibit an individual from becoming a registered home care aide, or remainin…
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(a) The department shall consider, but is not limited to, the following when determining whether to …
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A registered home care aide shall be 18 years of age or older.
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Any individual who has submitted a home care aide application and who possesses any one of the follo…
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(a) Each person initiating a background examination to be a registered home care aide shall submit t…
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(a) (1) The department shall establish a home care aide registry pursuant to this chapter and shall …
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(a) (1) If the department finds that the home care aide applicant or the registered home care aide h…
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(a) (1) The department may revoke or deny a registered home care aide’s registration or request for …
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(a) The Department of Justice shall maintain and continually update pertinent criminal offender reco…
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The department shall do all of the following in the administration of the home care aide registry: (…
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(a) To remain on the home care aide registry, a registered home care aide shall renew his or her reg…
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Any individual who has submitted an application and who possesses any one of the following identific…
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In order to obtain a home care organization license, the following individual or individuals shall c…
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(a) A person or a private or public organization, with the exception of any person who performs in-h…
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(a) Subject to the exceptions set forth in Section 1796.17, an individual, partnership, corporation,…
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(a) A home care organization that has its principal place of business in another state, in addition …
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(a) The department may issue a home care organization license to a home care organization applicant …
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The department may deny an application for licensure or suspend or revoke any license issued pursuan…
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(a) (1) If an application for a home care organization license indicates, or the department determin…
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(a) (1) If the department determines that a person was issued a license pursuant to this chapter or …
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A home care organization licensee shall do all of the following: (a) Post its license, business hour…
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(a) Home care organizations that employ affiliated home care aides shall ensure the affiliated home …
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(a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide…
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(a) A licensee shall ensure that prior to providing home care services, an affiliated home care aide…
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(a) Affiliated home care aides hired on or after January 1, 2016, shall submit to an examination 90 …
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(a) (1) Administration of this program shall be fully supported by fees and not civil penalties. Ini…
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(a) The department may charge a nonrefundable application and nonrefundable renewal fee to become a …
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(a) A home care organization applicant or home care organization licensee shall pay the following fe…
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In order to carry out the provisions of this chapter, the department may establish procedures for th…
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(a) The department may review and, if it determines necessary, investigate complaints filed against …
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A duly authorized officer, employee, or agent of the department may, upon presentation of proper ide…
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(a) (1) The department may prohibit an individual from serving as a member of the board of directors…
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(a) A home care organization that operates in violation of any requirement or obligation imposed by …
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It is a misdemeanor for a person to falsely represent or present himself or herself as a home care a…
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Any person who violates this chapter, or who willfully or repeatedly violates a rule or regulation p…
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(a) Notwithstanding any other provision of this chapter, the district attorney of every county, and …
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(a) This chapter shall be implemented on January 1, 2016. (b) Home care organization applicants and …
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This chapter and any rules and regulations promulgated pursuant to this chapter shall only be implem…
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(a) The department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Se…
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(a) A licensee of a home care organization may request inactive license status if the home care orga…
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For purposes of this chapter, “rehabilitation innovation center” means a not-for-profit or governmen…
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This chapter shall apply to the entities licensed by the State Department of Social Services pursuan…
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This chapter shall apply to all of the following proclamations or declarations: (a) A state of emerg…
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(a) In the case of an entity listed in Section 1796.80 that is nonoperational due to its destruction…
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Notwithstanding any other law, in the case of an entity listed in Section 1796.80 that is nonoperati…
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If an entity subject to this chapter is licensed or certified by more than one state department with…
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(a) For the duration of the first 30 calendar days following a proclamation or declaration as descri…
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The State Department of Social Services shall collaborate with local building, planning, and permitt…
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Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commenci…
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In the event of a proclamation or declaration listed in Section 1796.81, the State Department of Pub…
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(a) (1) Subject to an appropriation by the Legislature for this purpose, the State Department of Soc…
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(a) No later than 24 months after the date funds have been appropriated to the department for this p…
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This division shall be known and may be cited as the Emergency Medical Services System and the Preho…
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The Legislature finds and declares that it is the intent of this act to provide the state with a sta…
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It is the intent of the Legislature to maintain and promote the development of EMT-P paramedic progr…
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The provisions of this division do not preclude the adoption of additional training standards for EM…
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Any reference in any provision of law to mobile intensive care paramedics subject to former Article …
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It is the intent of the Legislature to promote the development, accessibility, and provision of emer…
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(a) It is the policy of the State of California to ensure the provision of effective and efficient e…
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(a) The Legislature finds and declares that the ability of some prehospital emergency medical care p…
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(a) For purposes of this section, the following definitions apply: (1) “EMT-I” means any person who …
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(a) This division shall not be construed to regulate or authorize state or local regulation of any n…
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(a) For the purposes of this section, “police canine” means a canine that is owned, or the service o…
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(a) (1) Notwithstanding any other law, the licensure, certification, or accreditation requirements o…
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Unless the context otherwise requires, the definitions contained in this chapter shall govern the pr…
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“Advanced life support” means special services designed to provide definitive prehospital emergency …
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“Alternative base station” means a facility or service operated and directly supervised by, or direc…
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“Authority” means the Emergency Medical Services Authority established by this division.
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“Authorized registered nurse,” “mobile intensive care nurse,” or “MICN” means a registered nurse who…
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“Base hospital” means one of a limited number of hospitals which, upon designation by the local EMS …
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“Base hospital physician” or “BHP” means a physician and surgeon who is currently licensed in Califo…
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“Basic life support” means emergency first aid and cardiopulmonary resuscitation procedures which, a…
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(a) “Certificate” or “license” means a specific document issued to an individual denoting competence…
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“Certifying entity” means a public safety agency or the office of the State Fire Marshal if the agen…
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“Certifying examination” or “examination for certification” means an examination designated by the a…
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“Commission” means the Commission on Emergency Medical Services created pursuant to the provisions o…
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“Competency based curriculum” means a curriculum in which specific objectives are defined for each o…
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“Designated facility” means a hospital which has been designated by a local EMS agency to perform sp…
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“Director” means the Director of the Emergency Medical Services Authority.
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“Emergency” means a condition or situation in which an individual has a need for immediate medical a…
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“Emergency medical services” means the services utilized in responding to a medical emergency.
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“Emergency medical services area” or “EMS area” means the geographical area within the jurisdiction …
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“Emergency medical services plan” means a plan for the delivery of emergency medical services consis…
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“Emergency medical services system” or “system” means a specially organized arrangement which provid…
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“Emergency Medical Technician-I” or “EMT-I” means an individual trained in all facets of basic life …
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“Emergency Medical Technician-II,” “EMT-II,” “Advanced Emergency Medical Technician,” or “Advanced E…
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“Emergency Medical Technician-Paramedic,” “EMT-P,” “paramedic” or “mobile intensive care paramedic” …
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“Exclusive operating area” means an EMS area or subarea defined by the emergency medical services pl…
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“Health systems agency” means a health systems agency as defined in subsection (a) of Section 300( l…
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“Hospital” means an acute care hospital licensed under Chapter 2 (commencing with Section 1250) of D…
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“Medical control” means the medical management of the emergency medical services system pursuant to …
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“Limited advanced life support” means special service designed to provide prehospital emergency medi…
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“Local EMS agency” means the agency, department, or office having primary responsibility for adminis…
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“Mobile stroke unit” means a multijurisdictional mobile facility that serves as an emergency respons…
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“Poison control center” or “PCC” means a hospital-based facility or other facility which, as a minim…
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§ 1797.98a
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§ 1797.98b
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§ 1797.98c
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§ 1797.98e
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§ 1797.98f
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§ 1797.98g
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There is in the state government, in the California Health and Human Services Agency, the Emergency …
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(a) The Emergency Medical Services Authority shall be headed by the Director of the Emergency Medica…
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The authority, utilizing regional and local information, shall assess each EMS area or the system’s …
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The authority shall develop planning and implementation guidelines for emergency medical services sy…
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The authority shall provide technical assistance to existing agencies, counties, and cities for the …
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(a) The authority shall receive plans for the implementation of emergency medical services and traum…
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(a) Regulations, standards, and guidelines adopted by the authority and by local EMS agencies pursua…
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The authority shall adopt, amend, or repeal, after approval by the commission and in accordance with…
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Subject to the availability of funds appropriated therefor, the authority may contract with local EM…
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(a) The director may develop, or prescribe standards for and approve, an emergency medical technicia…
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The Legislature finds that programs funded through the authority are hindered by the length of time …
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With the approval of the Department of Finance, and for use in the furtherance of the work of the au…
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(a) The Emergency Medical Services Personnel Fund is hereby created in the State Treasury, the funds…
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The Emergency Medical Services Training Program Approval Fund is hereby established in the State Tre…
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The rules and regulations of the authority established pursuant to Section 1797.107 shall include a …
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(a) To the extent permitted by federal law and upon appropriation in the annual Budget Act or anothe…
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(a) The authority shall establish additional training standards that include the criteria for the cu…
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(a) The authority shall establish and maintain a centralized registry system for the monitoring and …
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(a) On and after July 1, 2010, and except as provided in subdivision (b), every EMT-I and EMT-II cer…
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(a) The authority shall distribute to each local EMS agency the curriculum content criteria for peer…
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(a) The authority shall develop, using input from stakeholders, including, but not limited to, hospi…
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(a) (1) By no later than December 31, 2024, the authority shall develop and implement a California E…
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(a) A licensed general acute care hospital with an emergency department shall, by September 1, 2024,…
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(a) On or before December 31, 2024, the authority shall monitor monthly ambulance patient offload ti…
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The authority shall report to the Legislature on the effectiveness of the systems provided for in th…
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(a) Notwithstanding any other law, a health facility as defined in subdivision (a) or (b) of Section…
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(a) Upon receipt of data reported by a local EMS agency to the authority pursuant to Section 1797.22…
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(a) On or before March 1, 2024, and on or before each January 1 thereafter, the authority shall annu…
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(a) The Paramedic Disciplinary Review Board is hereby created in the Emergency Medical Services Auth…
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(a) The Paramedic Disciplinary Review Board shall be composed of the following members, who shall al…
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(a) The board shall select a chairperson from its members. (b) The board, for the purpose of dischar…
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(a) (1) Notwithstanding any other provision of this division, on and after January 1, 2023, the boar…
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(a) The board shall develop criteria to aid it in making final determinations regarding appeals of l…
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(a) (1) An employer of a paramedic shall report to the director of the authority and the board the s…
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(a) If the board denies an appeal of an application for licensure, or upholds the authority’s decisi…
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The director shall chair an Interdepartmental Committee on Emergency Medical Services established pu…
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An Interdepartmental Committee on Emergency Medical Services is hereby established. This committee s…
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The director may appoint select resource committees of experts and may contract with special medical…
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The Interdepartmental Committee on Emergency Medical Services or another committee designated by the…
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In cooperation with the Office of Emergency Services, the authority shall respond to any medical dis…
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The authority shall coordinate, through local EMS agencies, medical and hospital disaster preparedne…
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(a) The director and the State Public Health Officer may jointly appoint a regional disaster medical…
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(a) In each operational area the county health officer and the local EMS agency administrator may ac…
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No owner of a publicly or privately owned ambulance shall permit the operation of the ambulance in e…
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(a) By January 1, 2027, a public safety agency that provides “911” call processing services for emer…
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(a) (1) Notwithstanding any other law, the Department of Forestry and Fire Protection, also known as…
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(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, a…
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(a) The authority shall develop, and after approval of the commission pursuant to Section 1799.50, s…
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(a) The authority shall develop and, after approval by the commission pursuant to Section 1799.50, a…
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The authority shall assure that all training programs for EMT-I, EMT-II, and EMT-P are located in an…
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In consultation with the commission, the Emergency Medical Directors Association of California, and …
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The authority shall establish the standards for continuing education and shall designate the examina…
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The authority shall establish the minimum standards for the policies and procedures necessary for me…
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No individual shall hold himself or herself out to be an EMT-I, EMT-II, EMT-P, or paramedic unless t…
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No person or organization shall provide advanced life support or limited advanced life support unles…
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Notwithstanding any other provision of law, and to the extent federal financial participation is ava…
§
No agency, public or private, shall advertise or disseminate information to the public that the agen…
§
The authority may, by regulation, prescribe standardized insignias or emblems for patches which may …
§
All ocean, public beach, and public swimming pool lifeguards and all firefighters in this state, exc…
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All peace officers described in Section 13518 of the Penal Code, except those whose duties are prima…
§
The authority shall develop and, after approval by the commission pursuant to Section 1799.50, adopt…
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(a) The authority shall establish criteria for the statewide recognition of the licensure of EMT-P p…
§
All persons described in Sections 1797.170, 1797.171, 1797.172, 1797.182, and 1797.183, whether volu…
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A peace officer as described in Section 830.1, subdivision (a) of Section 830.2, or subdivision (g) …
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(a) As used in this section: (1) “Prehospital emergency medical care person or personnel” means any …
§
(a) As used in this section: (1) “Chief medical examiner-coroner” means the chief medical examiner o…
§
The authority may establish minimum standards for the training and use of automatic external defibri…
§
(a) The authority shall establish minimum standards for the training in pediatric first aid, pediatr…
§
On or before July 1, 1991, the authority shall adopt standards for a standard statewide scope of pra…
§
(a) By July 1, 1992, existing firefighters in this state shall complete a course on the nature of su…
§
The purpose of this section is to provide for the state licensure of EMT-P personnel. Notwithstandin…
§
(a) Notwithstanding any other provision of law to the contrary, an EMT-I, EMT-II, or EMT-P may provi…
§
(a) For purposes of this section, “AED” or “defibrillator” means an automated external defibrillator…
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(a) The authority shall establish training and standards for all prehospital emergency medical care …
§
§ 1797.197a
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The Legislature finds and declares all of the following: (a) Trauma care is an essential public serv…
§
(a) There is hereby created in the State Treasury, the Trauma Care Fund, which, notwithstanding Sect…
§
Each county may develop an emergency medical services program. Each county developing such a program…
§
Upon the request of a city or fire district that contracted for or provided, as of June 1, 1980, pre…
§
(a) Every local EMS agency shall have a full- or part-time licensed physician and surgeon as medical…
§
The local EMS agency shall plan, implement, and evaluate an emergency medical services system, in ac…
§
The local EMS agency shall be responsible for implementation of advanced life support systems and li…
§
The local EMS agency shall be responsible for determining that the operation of training programs at…
§
(a) The medical director of the local EMS agency shall issue a certificate, except an EMT-P certific…
§
Each local EMS agency shall submit certificate status updates to the authority within three working …
§
The local EMS agency may establish a schedule of fees for certification in an amount sufficient to c…
§
(a) Any local EMS agency conducting a program pursuant to this article may provide courses of instru…
§
A local EMS agency may require additional training or qualifications, for the use of drugs, devices,…
§
Notwithstanding any other provision of law, EMT-I's, EMT-II's, and EMT-P’s shall be required to rene…
§
Public safety agencies that are certifying entities may certify and recertify public safety personne…
§
(a) Every certifying entity shall submit to the authority certification data required by Section 179…
§
Any local EMS agency may authorize an advanced life support or limited advanced life support program…
§
All investigatory and disciplinary processes for EMT-I and EMT-II certificate holders shall be, subj…
§
The local EMS agency, using state minimum standards, shall establish policies and procedures approve…
§
The medical director of the local EMS agency may approve or conduct any scientific or trial study of…
§
A county, upon the recommendation of its local EMS agency, may adopt ordinances governing the transp…
§
(a) (1) A public safety agency that provides “911” call processing services for emergency medical re…
§
A local EMS agency may create one or more exclusive operating areas in the development of a local pl…
§
(a) A local EMS agency may adopt policies and procedures for calculating and reporting ambulance pat…
§
Without altering or otherwise affecting the meaning of any portion of this division as to any other …
§
(a) An emergency medical care provider shall do both of the following when collecting and submitting…
§
(a) (1) On or before July 1, 2019, a local EMS agency shall transmit ambulance patient offload time …
§
(a) (1) A county may contract for emergency ambulance services with a fire agency that will provide …
§
(a) (1) A fire agency, as defined in subdivision (b) of Section 1797.230, may enter into a written s…
§
(a) A ground ambulance provider shall not require an uninsured patient or self-pay patient to pay an…
§
In each designated EMS area, the local EMS agency may develop and submit a plan to the authority for…
§
The local EMS agency shall, consistent with such plan, coordinate and otherwise facilitate arrangeme…
§
Local EMS agencies shall annually submit an emergency medical services plan for the EMS area to the …
§
A local EMS agency may review applications for grants and contracts for federal, state, or private f…
§
A local EMS agency which elects to implement a trauma care system on or after the effective date of …
§
After the submission of an initial trauma care system plan, a local EMS agency which has implemented…
§
A local EMS agency that elects to implement a community paramedicine or triage to alternate destinat…
§
An emergency medical care committee may be established in each county in this state. Nothing in this…
§
The county board of supervisors shall prescribe the membership, and appoint the members, of the emer…
§
(a) Notwithstanding Sections 1797.270 and 1797.272, if a local EMS agency within the county elects t…
§
The emergency medical care committee shall, at least annually, review the operations of each of the …
§
Every emergency medical care committee shall, at least annually, report to the authority, and the lo…
§
(a) The medical direction and management of an emergency medical services system shall be under the …
§
The base hospital shall implement the policies and procedures established by the local EMS agency an…
§
Advanced life support and limited advanced life support personnel may receive medical direction from…
§
(a) Authority for patient health care management in an emergency shall be vested in that licensed or…
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(a) Notwithstanding any provision of this division, medical control by a local EMS agency medical di…
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In administering the EMS system, the local EMS agency, with the approval of its medical director, ma…
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(a) In rural areas, as determined by the authority, where the use of a base hospital having a basic …
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The base hospital shall supervise prehospital treatment, triage, and transport, advanced life suppor…
§
The base hospital shall provide, or cause to be provided, EMS prehospital personnel training and con…
§
The medical director of the local EMS agency may approve an alternative base station, as defined in …
§
The authority may establish, in cooperation with affected medical organizations, guidelines for hosp…
§
Except where the context otherwise requires, the following definitions govern the construction of th…
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(a) The authority shall submit draft regulations specifying minimum standards for the implementation…
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(a) A local emergency medical services agency may implement a trauma care system only if the system …
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A local emergency medical services agency implementing a trauma care system shall establish policies…
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(a) A local emergency medical services agency may charge a fee to an applicant seeking initial or co…
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(a) Local emergency medical services agencies may designate trauma facilities as part of their traum…
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A local emergency medical services agency which elects to implement a trauma care system on or after…
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Nothing in this article shall be construed to restrict the authority of a health care facility to pr…
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Nothing in this article shall be construed as changing the boundaries of any local emergency medical…
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Nothing in this article shall be construed as restricting the use of a helicopter of the Department …
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A local EMS agency may develop triage and transfer protocols to facilitate prompt delivery of patien…
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(a) The local EMS agency shall establish guidelines and standards for completion and operation of fo…
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(a) No person or public agency shall advertise itself as, or hold itself out as, providing emergency…
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(a) The authority shall establish minimum standards for the operation of poison control centers. (b)…
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The authority shall consolidate the number of poison control centers if it is determined by the auth…
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The authority may authorize a poison control center, instead of providing poison control services di…
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The authority may authorize a poison control center to provide poison control services for fewer tha…
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(a) (1) (A) Except as provided in paragraph (2), an employer of an EMT-I or EMT-II may conduct inves…
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(a) When information comes to the attention of the medical director of the local EMS agency that an …
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(a) The director of the authority or the medical director of the local EMS agency, after consultatio…
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Any alleged violations of local EMS agency transfer protocols, guidelines, or agreements shall be ev…
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Any person who violates this part, the rules and regulations adopted pursuant thereto, or county ord…
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(a) It is a misdemeanor for any person to knowingly and willfully engage in conduct that subverts or…
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Whenever any person who has engaged, or is about to engage, in any act or practice which constitutes…
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The local EMS agency may place on probation, suspend, or revoke the approval under this division of …
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(a) The Paramedic Disciplinary Review Board may impose an administrative fine of up to two thousand …
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When making a decision regarding a disciplinary action pursuant to Section 1798.200 or Section 1798.…
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The Commission on Emergency Medical Services is hereby created in the California Health and Human Se…
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The commission shall consist of 19 members appointed as follows: (a) One full-time physician and sur…
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At the discretion of the appointing power or body, a member of the commission may be reappointed or …
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(a) Except as otherwise provided in this section, the terms of the members of the commission shall b…
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The members of the commission shall receive no compensation for their services, but shall be reimbur…
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The commission shall select a chairperson from its members and shall meet at least quarterly on the …
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The commission shall review and approve regulations, standards, and guidelines to be developed by th…
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The commission shall advise the authority on the development of an emergency medical data collection…
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The commission shall advise the director concerning the assessment of emergency facilities and servi…
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The commission shall advise the director with regard to communications, medical equipment, training …
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The commission shall review and comment upon the emergency medical services portion of the State Hea…
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Based upon evaluations of the EMS systems in the state and their coordination, the commission shall …
§
The commission may utilize technical advisory panels established pursuant to the provisions of Secti…
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In order to encourage local agencies and other organizations to train people in emergency medical se…
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(a) (1) A person may take any reasonable steps that are necessary to remove a child from a motor veh…
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(a) No person who in good faith, and not for compensation, renders emergency medical or nonmedical c…
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(a) An employer shall not adopt or enforce a policy prohibiting an employee from voluntarily providi…
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(a) No physician or nurse, who in good faith gives emergency instructions to an EMT-II or mobile int…
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(a) A poison control center which (1) meets the minimum standards for designation and operation esta…
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(a) In addition to the provisions of Section 1799.104 of this code, Section 2727.5 of the Business a…
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(a) The Legislature finds and declares that a threat to the public health and safety exists whenever…
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Any person who has a certificate issued pursuant to this division from a certifying agency to provid…
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(a) The Legislature finds and declares all of the following: (1) California residents receive comfor…
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(a) In any action for damages involving a claim of negligence against a physician and surgeon arisin…
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(a) Subject to subdivision (b), a licensed general acute care hospital, as defined in subdivision (a…
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(a) EMT-P employers shall report in writing to the local EMS agency medical director and the authori…
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(a) (1) A person who, in good faith and not for compensation, renders emergency treatment at the sce…
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(a) A private provider of ambulance services licensed by the California Highway Patrol and any emplo…
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(a) The State Department of Health Services shall contract with an organization with expertise in pr…
§
The contractor shall submit the results of the study to the Legislature and the Governor not later t…
§
This chapter shall be known and may be cited as the California Emergency Medical Services for Childr…
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(a) For purposes of this chapter, the following definitions apply: (1) “EMSC Program” means the Emer…
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A local EMS agency may develop an EMSC Program in its jurisdiction, contingent upon available fundin…
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The authority may solicit and accept grant funding from public and private sources to supplement sta…
§
(a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the emplo…
§
(a) A peer support program shall be implemented through a labor-management agreement negotiated sepa…
§
(a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whethe…
§
(a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides pe…
§
To be eligible for the confidentiality protections afforded by this chapter, a peer support team mem…
§
This chapter shall be known, and may be cited, as the Community Paramedicine or Triage to Alternate …
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(a) It is the intent of the Legislature to establish state standards that govern the implementation …
§
Unless otherwise indicated in this chapter, the definitions contained in this article govern the pro…
§
“Alternate destination facility” means a treatment location that is an authorized mental health faci…
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“Authorized mental health facility” means a facility that is licensed or certified as a mental healt…
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(a) “Authorized sobering center” means a noncorrectional facility that is staffed at all times with …
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“Community paramedic” means a paramedic licensed under this division who has completed the curriculu…
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(a) “Community paramedicine program” means a program developed by a local EMS agency and approved by…
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“Community paramedicine provider” means an advanced life support provider authorized by a local EMS …
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“Public agency” means a city, county, city and county, special district, or other political subdivis…
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“Triage paramedic” means a paramedic licensed under this division who has completed the curriculum f…
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(a) “Triage to alternate destination program” means a program developed by a local EMS agency and ap…
§
“Triage to alternate destination provider” means an advanced life support provider authorized by a l…
§
On or before March 1, 2021, the director of the Emergency Medical Services Authority shall establish…
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(a) The Emergency Medical Services Authority shall develop, and after approval by the commission, sh…
§
Regulations adopted by the Emergency Medical Services Authority pursuant to Section 1830 relating to…
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(a) The Emergency Medical Services Authority shall develop and periodically review and update the mi…
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(a) Notwithstanding Section 10231.5 of the Government Code, the Emergency Medical Services Authority…
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(a) Notwithstanding Section 10231.5 of the Government Code, on or before April 1, 2028, the Emergenc…
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(a) The Emergency Medical Services Authority shall review a local EMS agency’s proposed community pa…
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(a) A community paramedicine pilot program approved under the Office of Statewide Health Planning an…
§
A local EMS agency may develop a community paramedicine or triage to alternate destination program t…
§
A local EMS agency that elects to develop a community paramedicine or triage to alternate destinatio…
§
In addition to the requirements of Section 1841, a local EMS agency that elects to develop a communi…
§
In addition to the requirements of Section 1841, a local EMS agency that elects to develop a triage …
§
A community paramedicine pilot program approved under the Office of Statewide Health Planning and De…
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A person or organization shall not provide community paramedicine or triage to alternate destination…
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A community paramedic shall provide community paramedicine services only if the community paramedic …
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A triage paramedic shall provide triage to alternate destination services only if the triage paramed…
§
The disciplinary procedures for a community paramedic or triage paramedic shall be consistent with s…
§
Entering into an agreement to be a community paramedicine or triage to alternate destination provide…
§
The liability provisions described in Chapter 9 (commencing with Section 1799.100) apply to this cha…
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This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.
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This chapter shall be known, and may be cited, as the California POLST eRegistry Act.
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For purposes of this chapter: (a) “Authorized user” means a person authorized by the authority to su…
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(a) The Emergency Medical Services Authority shall establish a POLST eRegistry, in consultation with…
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(a) For the 2021–22 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated…
§
For the purposes of this division, the following definitions apply: (a) “Agency” means the Californi…
§
Commencing July 1, 2022, there is hereby established within the California Health and Human Services…
§
In addition to the general duties set forth in Section 1891, the office shall have the following res…
§
For purposes of implementing this division, the agency and the office may enter into exclusive or no…
§
Implementation of this division is contingent upon an appropriation of funds by the Legislature in t…
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This chapter shall be known and may be cited as the Mosquito Abatement and Vector Control District L…
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(a) The Legislature finds and declares all of the following: (1) California’s climate and topography…
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As used in this chapter: (a) “Abate” means to put an end to a public nuisance, or to reduce the degr…
§
(a) This chapter provides the authority for the organization and powers of mosquito abatement and ve…
§
This chapter is necessary to protect the public health, safety, and welfare, and shall be liberally …
§
If any provision of this chapter or the application of any provision of this chapter in any circumst…
§
(a) Any action to determine the validity of either the organization, or any action, of a district sh…
§
(a) Except as provided in this section, territory, whether incorporated or unincorporated, whether c…
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A new district may be formed pursuant to this article.
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(a) A proposal to form a new district may be made by petition. The petition shall do all of the thin…
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(a) Before circulating any petition, the proponents shall publish a notice of intention that include…
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(a) A proposal to form a new district may also be made by the adoption of a resolution of applicatio…
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(a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolutio…
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A legislative body of at least five members known as the board of trustees shall govern every distri…
§
Within 30 days after the effective date of the formation of a district, a board of trustees shall be…
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(a) Notwithstanding Section 2021, the Board of Trustees of the San Mateo County Mosquito and Vector …
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(a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a…
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(a) The initial board of trustees of a district formed on or after January 1, 2003, shall be determi…
§
(a) Except as provided in Section 2023, the term of office for a member of the board of trustees sha…
§
(a) Under no circumstances shall a board of trustees consist of less than five members. Except as pr…
§
(a) A local agency formation commission, in approving either a consolidation of districts or the reo…
§
(a) At the first meeting of the initial board of trustees of a newly formed district, and in the cas…
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A board of trustees shall meet at least once every three months. Meetings of the board of trustees a…
§
(a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (…
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(a) The members of the board of trustees shall serve without compensation. (b) The members of the bo…
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Within the district’s boundaries or in territory that is located outside the district from which vec…
§
A district shall have and may exercise all rights and powers, expressed or implied, necessary to car…
§
When acquiring, improving, or using any real property, a district shall comply with Article 5 (comme…
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(a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of…
§
(a) A district may cooperate with any public agency or federal agency to carry out the purposes and …
§
A district may contract with other public agencies and federal agencies to provide any service, proj…
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(a) Each district shall adopt policies and procedures, including bidding regulations, governing the …
§
Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in …
§
(a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 …
§
A board of trustees may require any employee or officer to be bonded. The district shall pay the cos…
§
A board of trustees may provide for any programs for the benefit of its employees and members of the…
§
A district may authorize the members of its board of trustees and its employees to attend profession…
§
(a) Pursuant to Article 4 (commencing with Section 106925) of Chapter 4 of Part 1 of Division 104, e…
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(a) A district may request an inspection and abatement warrant pursuant to Title 13 (commencing with…
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Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (co…
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(a) In any dispute between a district and another public agency over the need to prevent, abate, or …
§
(a) (1) An electrical utility, upon receiving a request from a mosquito abatement district or vector…
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(a) A district may abate a public nuisance pursuant to this article. (b) The person or agency claimi…
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(a) Whenever a public nuisance exists on any property within a district or on any property that is l…
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(a) A board of trustees shall not declare an agricultural operation to be a public nuisance because …
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In addition to abating the public nuisance and taking any necessary actions to prevent the recurrenc…
§
A board of trustees may consider any recurrence of a public nuisance abated pursuant to Section 2061…
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(a) The owner of the property abated pursuant to Section 2061 shall pay the district for the cost of…
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The lien provisions of this article shall not apply to property owned by a public agency. Notwithsta…
§
Any money collected by a county from a lien authorized pursuant to this article, other than the amou…
§
(a) On or before August 1 of each year, the board of trustees shall adopt a final budget, which shal…
§
(a) In its annual budget, the board of trustees may establish one or more restricted reserves. When …
§
(a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing it…
§
The auditor of each county in which a district is located shall allocate to the district its share o…
§
(a) A district may accept any revenue, money, grants, goods, or services from any federal, state, re…
§
All claims for money or damages against a district are governed by Part 3 (commencing with Section 9…
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(a) All claims against a district shall be audited, allowed, and paid by the board of trustees by wa…
§
(a) Notwithstanding Section 2076, a district that has total annual revenues greater than two hundred…
§
The board of trustees may establish a revolving fund pursuant to Article 15 (commencing with Section…
§
(a) The board of trustees shall provide for regular audits of the district’s accounts and records pu…
§
Whenever a board of trustees determines that the amount of revenues available to the district or any…
§
A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Ch…
§
(a) A district may levy special benefit assessments consistent with the requirements of Article XIII…
§
A district may levy special benefit assessments consistent with the requirements of Article XIII D o…
§
Pursuant to Section 5 of Article XIII D of the California Constitution and Section 53753.5 of the Go…
§
(a) A board of trustees may charge a fee to cover the cost of any service that the district provides…
§
(a) Whenever a board of trustees determines that it is in the public interest to provide different s…
§
(a) At the hearing, the board of trustees shall hear and consider any protests to the formation of a…
§
(a) A board of trustees may change the boundaries of a zone or dissolve a zone by following the proc…
§
(a) As determined by the board of trustees, a zone may provide any service at any level or levels wi…
§
The Legislature finds and declares all of the following: (a) Excessive numbers of mosquitoes spread …
§
(a) There is hereby established the California Mosquito Surveillance and Research Program to be admi…
§
“Pest,” as used in this chapter, includes any plant, animal, insect, fish, or other matter or materi…
§
As used in this chapter, “public nuisance” includes, but is not limited to, both of the following: (…
§
This chapter is supplemental to any other provision of law relating to the abatement of pests or nui…
§
“District,” as used in this chapter, means any pest abatement district formed pursuant to this chapt…
§
Any person who restrains, hinders, obstructs, or threatens any officer or employee of a district in …
§
In case of a dispute between governmental agencies on the need, or the methods and materials to be u…
§
(a) Except as otherwise provided in subdivision (b), every pest abatement district employee who hand…
§
The organization of a pest abatement district may be initiated by a petition, describing the exterio…
§
The petition shall state the basis on which the property in the district shall be taxed for district…
§
The petition may fix the maximum rate of assessments that may be levied by the district.
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The petition shall be signed by registered voters residing in the proposed district equal in number …
§
The petition shall be presented to the clerk of the county in which the land in the proposed distric…
§
If the petition lacks sufficient signatures the county clerk shall certify that fact, and at any tim…
§
If the petition contains the requisite number of signatures the clerk shall make a certificate to th…
§
If the board of supervisors finds that the petition has been properly presented, the board shall, by…
§
At the time of the hearing, or at any time to which it may be adjourned, the board of supervisors sh…
§
The board of supervisors may make such changes in the proposed boundaries of the district as it may …
§
If, upon the hearing, the board of supervisors determines that the public interest or welfare of the…
§
The clerk of the board of supervisors shall immediately record a certified copy of the order in the …
§
If at any time after the board of supervisors has entered its order for organization good cause appe…
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Upon receipt of the certified copy of the resolution the board of supervisors shall: (a) Enter an or…
§
Upon a petition adopted by a four-fifths vote of the district board, or upon its own motion followin…
§
Within 30 days after incorporation the board of supervisors shall appoint a board of trustees, consi…
§
The members of the district board shall hold office at the pleasure of the board of supervisors. The…
§
The district board may take all necessary or proper steps for the extermination of the pest or pests…
§
A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 …
§
The district board may do all of the following: (a) Purchase supplies and other personal property. (…
§
Every sale of real property made pursuant to subdivision (d) of Section 2855 shall be made at such p…
§
The district board may borrow money in any fiscal year, which shall not exceed the anticipated reven…
§
Any nuisance may be abated in any action or proceeding by any remedy provided by this article or any…
§
Whenever a nuisance exists upon any property, either in the district or in territory not in the dist…
§
The notice required by Section 2857 shall include all of the following: (a) State the finding of the…
§
If the property is owned by a person who is not a resident of the district, and is not in charge or …
§
Before complying with the requirements of the notice, the owner or party in possession may appear at…
§
Any judicial review of administrative procedure provided for in this chapter shall be pursuant to Se…
§
Any recurrence of the nuisance may be deemed to be a continuation of the original nuisance.
§
If the nuisance is not abated within the time specified in the notice or an order following the hear…
§
The cost of abating a nuisance shall be repaid to the district by the owner of the property. However…
§
When any nuisance is found to exist on any property subject to the control of any state or local age…
§
Upon the failure of the property owner or the person in possession of the property to pay the distri…
§
A copy of the filed and recorded lien may be given to the county assessor and tax collector, who, up…
§
If the county assessor and the tax collector assess property and collect taxes for the district, a c…
§
The county auditor shall enter each lien on the county tax roll opposite the parcel of land.
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The amount of the lien shall be collected at the same time and in the same manner as ordinary county…
§
The lien provisions of this article do not apply to the property of any county, city, district, or o…
§
Any amounts collected by a county on account of a lien authorized by this article, other than the am…
§
The district board shall annually before July 10 prepare a written estimate of the amount of money n…
§
The county auditor shall allocate to a district its share of property tax revenue pursuant to Chapte…
§
(a) If the petition for formation of the district states that the property shall be taxed on the bas…
§
After a public hearing, the district board shall determine the rate of the tax.
§
(a) Whenever it appears to the district board that the amount of funds required during an ensuing fi…
§
Any district formed prior to January 1, 1985, may petition the board of supervisors for a change in …
§
All taxes and assessments levied under this chapter shall be assessed and collected at the same time…
§
The funds of the district shall be withdrawn from the treasury upon the warrant of the district boar…
§
The board of supervisors, from time to time, may order a temporary transfer of money from other avai…
§
Notwithstanding the basis upon which property in the district is taxed, if a district is organized i…
§
The Legislature finds that unabated outbreaks of mosquitoes pose a serious threat to the public heal…
§
A pest abatement district may adopt an ordinance to fix an emergency mosquito abatement standby char…
§
All claims for money or damages against the district are governed by Part 3 (commencing with Section…
§
At any time after the incorporation of a district, land contiguous to it may be annexed, if the boar…
§
Annexations may proceed under Article 2 (commencing with Section 2822), as though territory to be an…
§
Two or more contiguous pest abatement districts may be consolidated.
§
This chapter shall be known as the Community Facilities Law of 1911.
§
Unless the context otherwise requires, the definitions in this article govern the construction of th…
§
“City” means the city in which the district is located. If a district is not entirely within the bou…
§
“District” means any district which is formed pursuant to this chapter or pursuant to any law which …
§
“Governing body” means the city council or other legislative body of the city.
§
“Initiating city” means the city whose governing body initiated the proceeding for the formation of …
§
Improvement means any or all of the following: (a) The acquisition or construction of sanitary sewer…
§
In cities within a county of the 20th class, as defined in Section 28041 of the Government Code, imp…
§
This chapter does not affect any other law under which improvements may be made within or by any cit…
§
The governing body of any city may create an improvement district within the city pursuant to this c…
§
A district may be formed to make any improvement and to provide for the incurring of indebtedness to…
§
Whenever the governing body of a city determines that the public interest or convenience requires th…
§
The resolution shall do all of the following: (a) Describe the boundaries of the proposed district. …
§
The resolution, together with the names of the members of the governing body voting for and against …
§
Copies of the resolution shall also be posted in three public places within the proposed district no…
§
On the day fixed for the hearing, or any day to which the hearing is continued, the governing body s…
§
At the hearing, the governing body may add territory to the district if the owners of all of the lan…
§
After making all necessary and proper changes in the boundaries, or in the improvement, the governin…
§
A certified copy of the resolution which establishes the district shall be recorded in the office of…
§
Districts may be formed pursuant to this article for the purpose of making any improvement which wil…
§
Any city may initiate proceedings for the formation of a district and the making of improvements pur…
§
If the proposed district includes any part of any other incorporated city, the governing body of the…
§
If any part of the district includes any unincorporated territory of the county, the governing body …
§
Whenever the governing body of each city which is included in whole or in part within the district w…
§
Upon the formation of any district pursuant to this article, the district shall be governed by and u…
§
If bonds are authorized and are issued or are expected to be issued on behalf of any district which …
§
This chapter does not prevent two or more cities or the board of supervisors of any county from ente…
§
At any meeting after the passage and recording of the resolution establishing the district, the gove…
§
The resolution calling the special election shall do all of the following: (a) Describe the boundari…
§
In all particulars not recited in this chapter or in the resolution, the election shall be held as i…
§
The maximum rate of interest to be paid on the bonded indebtedness shall be 8 percent per annum, and…
§
The resolution calling the election shall be published once a week for two successive weeks prior to…
§
If two-thirds of the votes cast upon the measure are in favor of the issuance of the bonds, the bond…
§
All bonds issued under this chapter shall be issued in the name of the city in which the district ha…
§
The bonds shall be issued in any denominations which the governing body may determine. The bonds sha…
§
The governing body may issue and sell the bonds at not less than their par value. The proceeds of th…
§
(a) When the purposes and objects specified in any measure incurring bonded indebtedness submitted a…
§
Before selling the bonds, or any part of the bonds, the governing body shall give notice inviting se…
§
An action to determine the validity of bonds issued pursuant to this chapter may be brought pursuant…
§
In determining the amount of bonds to be issued, the legislative body may include all of the followi…
§
The governing body of each city in which an improvement is being made or acquired pursuant to this c…
§
Until the bonds are paid, or until there is a sum in the city treasury set aside for the purpose, su…
§
The taxes required to be levied and collected by Section 4638 shall be in addition to all other taxe…
§
Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code shall apply to …
§
The governing body of a city may, by a two-thirds vote, require the owners of property within a dist…
§
Territory which is either within or without the boundaries of the city and which is not within the b…
§
Territory which is outside the boundaries of the city, or the initiating city, as the case may be, s…
§
Whenever the governing body of the city determines and finds that additional territory will be benef…
§
The resolution shall be passed by a vote of two-thirds of all the members of the governing body of t…
§
The resolution shall do all of the following: (a) Describe the boundaries of the territory proposed …
§
The resolution, together with the names of the members of the governing body voting for and against …
§
On the day fixed for the hearing, or any day to which the hearing is continued, the governing body s…
§
After making all necessary and proper changes in the boundaries, the governing body may, by a resolu…
§
Upon the recordation of such resolution the territory annexed is a part of the district and is subje…
§
Territory within the Atherton Channel Drainage District may be withdrawn from such district pursuant…
§
This chapter shall be known and cited as the “county sanitation district act.”
§
“District,” as used in this chapter, means any county sanitation district formed pursuant to this ch…
§
“District board,” as used in this chapter, means the board of directors of a district.
§
Districts may be formed, maintained, and governed in any county as provided in this chapter.
§
A board of supervisors desiring to form a county sanitation district shall adopt a resolution of its…
§
The district as formed may include unincorporated or incorporated territory, or both. The incorporat…
§
The land proposed to be formed into a district need not consist of contiguous parcels.
§
The time to be fixed for the hearing of objections shall be not less than thirty days after the adop…
§
Prior to the time of hearing, the resolution shall be published at length twice in at least one news…
§
At the time provided in the resolution of intention or at any time to which the hearing is continued…
§
If the board of supervisors finds that protests have been made, prior to its final determination for…
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If written objection to the formation of the district, signed by 5 percent of the voters registered …
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At the election only voters registered in the proposed district may vote. Election precincts shall b…
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Within five days after the district formation election has been called, the legislative body which h…
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The board of supervisors or any member or members of the board authorized by the board, or any indiv…
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If more than one argument for or more than one argument against the proposed district formation is f…
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The elections officials in charge of conducting the election shall cause a ballot pamphlet concernin…
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At the conclusion of the hearing, or if an election is held and the canvass of the election returns …
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The order of formation shall contain the name of the district, and a description of the boundaries o…
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The governing body of a sanitation district is a board of directors of not less than three members. …
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(a) Notwithstanding the provisions of Section 4730, the resolution of intention to form the district…
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A sanitation district heretofore or hereafter established may elect to be governed by a board of dir…
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(a) Notwithstanding Sections 4730, 4730.1 and 4730.2, the local agency formation commission, in appr…
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(a) Notwithstanding the provisions of Sections 4730, 4730.1, and 4730.2, or any other provision of l…
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(a) Notwithstanding Sections 4730, 4730.1, and 4730.2 or any other provision of law, the governing b…
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The governing board of the Delta Diablo Sanitation District may designate any depository or deposito…
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(a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other provision of law, the governing …
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The governing board of the Napa Sanitation District shall be a board of directors constituted in acc…
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(a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other law, beginning on January 1, 199…
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(a) The Sacramento Regional County Sanitation District is hereby renamed the Sacramento Area Sewer D…
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(a) Notwithstanding Sections 4730, 4730.1, and 4730.2, or any other law, the governing body of the O…
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(a) This section applies only to the consolidated sanitation district in Orange County described in …
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(a) This section applies only to county sanitation district numbers 1, 2, 3, 4, 5, 8, 9, 14, 15, 16,…
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If additional territory is annexed to the district as well as whenever any change takes place in the…
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The county auditor of the county in which the district is formed is ex officio the auditor of the di…
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(a) The district board may fix the amount of compensation per meeting to be paid each member of the …
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Where two or more county sanitation districts have joined in the purchase, ownership, use, construct…
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Where two or more county sanitation districts have joined in the purchase, ownership, use, construct…
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If the withdrawal of the city results in less than three members remaining on the district board, th…
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A county sanitation district may sue and be sued by its own name.
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A county sanitation district may employ such sanitation experts, surveyors, counsel, and other perso…
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By resolution, the board may change the name of the district. The change of name shall be effective …
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The district may acquire by gift, purchase, condemnation, or otherwise, in the name of the district,…
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A district may acquire, construct, and complete within or without the district, sewage collection, t…
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A district board desiring to construct, maintain and operate a refuse transfer or disposal system, o…
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That portion of a political subdivision lying within a district and having representation on the dis…
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At the expiration of not less than 90 days after adoption of the resolution of intention to construc…
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The board of directors of a county sanitation district shall be the same for all district purposes, …
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When a refuse transfer or disposal system, or both, is established by a district pursuant to the pro…
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The provisions of Sections 4741.1 through 4741.5 shall not apply to any district whose resolution of…
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Notwithstanding any of the provisions of this chapter, or of Article 4 (commencing with Section 5470…
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It may join with any other district, city or other governmental agency in the purchase, ownership, u…
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It may contract with any district, city, governmental agency, or person, for the handling, treatment…
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Whenever a person installs sewers or other facilities for sewers and the district board determines t…
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Any county sanitation district and any county may enter into a contract agreeing to pay and apportio…
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It may make provision for street-cleaning and streetsweeping services upon the roads and streets wit…
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It may sell, lease, or otherwise dispose of any property of the district or any interest therein whe…
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It may sell, or otherwise dispose of, any water, sewage effluent, fertilizer, or other by-product re…
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It may construct, maintain, and operate such pipe lines or other works as may be necessary to conser…
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It may issue bonds.
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If funds are needed to meet current expenses of maintenance and operation, a district may incur inde…
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(a) If the district board determines by resolution that funds are needed to meet current expenses of…
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Notwithstanding any other provisions of law, the funds, when borrowed by a sanitation district pursu…
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The district shall pay interest to the county on all funds borrowed pursuant to Section 4746.2 at th…
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It may cause to be levied and collected taxes upon all the taxable real property in the district suf…
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The district board shall, by resolution, employ one or more sanitation engineers to make a survey of…
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The engineer or engineers may, subject to the direction of the district board, employ such surveyors…
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When the engineers’ report is filed the district board shall examine it and may thereupon (a) reject…
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Notice of the hearing shall be given by the district board by publishing the notice for at least fiv…
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At the conclusion of the hearing the district board shall either order the report changed to conform…
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The district board may, thereafter, have such portions of the report as are adapted to publication, …
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The engineers employed by the district board to make the report required by this chapter, or other e…
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Any work recommended to be done in the report approved and adopted by the district board shall be do…
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A right of way in or across any public highway, street, or property in the district is hereby grante…
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(a) There is granted to every district the right to construct, operate and maintain outfall, interce…
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The district board may, by agreement with any city or other public agency, take possession of, or ac…
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Any city or public agency in the district may enter into an agreement with the district for the use,…
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Whenever any area in the district is provided with a sewerage system the governing body of the city …
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All connections of lateral or other sewerlines to the sewerage system of the district, whether withi…
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All powers of the district shall be exercised by the district board unless otherwise specified.
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It may borrow money and incur indebtedness and guarantee the performance of its legal or contractual…
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Any district, directly or through a representative, may attend the Legislature and any committees th…
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The district board may adopt ordinances to carry out the provisions of Sections 5473 to 5473.11, inc…
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The board of supervisors of any county may adopt a model county sanitation district ordinance. The p…
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The district board is hereby authorized to enact an ordinance which adopts by reference all or any p…
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Prior to adoption of any ordinance which adopts by reference all or any part of a model county sanit…
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Nothing contained in this article shall be deemed to relieve any district from the requirement of pu…
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If at any time the model sanitation district ordinance is amended by the county board of supervisors…
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If the board of directors of the district is the board of supervisors, the district may adopt the mo…
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A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 …
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Any county sanitation district may, in addition to its other powers, acquire, construct, control, op…
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A district may contract with any state agency to finance any district improvement authorized by Sect…
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Section 19990 of the Government Code shall apply to employees of the district.
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Except as to State highways where the State Highway Engineer refuses to issue a permit, with the con…
§
The Improvement Act of 1911, the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1…
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In the application of those acts to proceedings under this article the terms used in those acts shal…
§
The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agen…
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The improvements authorized to be constructed or acquired under this article are restricted to those…
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After the approval and adoption of an engineers’ report the district board shall submit to the voter…
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The resolution shall state all of the following: (a) The general objects and purposes for which it i…
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For the purposes of the bond election the district board may consolidate into one precinct several p…
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An election board consisting of one inspector, one judge, and one clerk shall be appointed by the di…
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Only voters registered in the district are eligible to vote at the bond election.
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The resolution calling the election shall be published once a week for three successive weeks in a n…
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If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds…
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The validity of the bonds after their issuance shall not be questioned in any court except upon the …
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The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bo…
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The bonds shall be issued in such denomination or denominations as the district board may determine.…
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The bonds shall be signed by the chairman of the district board, and countersigned by the county tre…
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If any officer whose signature or countersignature appears on the bonds ceases to be an officer befo…
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The board may issue and sell the bonds of the district at not less than par value, and the proceeds …
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When the board of supervisors is the district board of a district and such board deems it in the bes…
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The construction fund shall be applied exclusively to the purposes and objects mentioned in the reso…
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When the purposes and objects mentioned in the resolution calling the bond election have been accomp…
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If the proposition of issuing bonds submitted at a bond election fails to receive the requisite numb…
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If the district board by resolution passed by a vote of a majority of all its members determines tha…
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Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real pro…
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In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and…
§
Nothing in this chapter shall affect the validity of, or the right to issue and sell, bonds voted pr…
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(1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds aut…
§
Bonds may be made payable on a date subsequent to the time fixed for the collection of the second in…
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An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with S…
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The provisions of the Revenue Bond Law of 1941 as amended shall be applicable to county sanitation d…
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As an alternative method of issuing bonds the district board may, after the approval and adoption of…
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As an alternative method of issuing bonds the district board may, after the approval and adoption of…
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Notice of the hearing shall be given by publishing a copy of the resolution pursuant to Section 6066…
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At the time and place so fixed, or at any time and place to which the hearing is adjourned, the dist…
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At the time and place so fixed, or at any time and place to which the hearing is adjourned, the dist…
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When the board has made its determinations as provided in Section 4808 and if the board deems it nec…
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Except as otherwise provided in this article, notice of the election shall be given and the election…
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No irregularities or informalities in conducting such election shall invalidate the same, if the ele…
§
Bonds issued as bonds of the district for an improvement district therein and the interest thereon s…
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Annually, on or before the first day of August the district board shall furnish to the board of supe…
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The board of supervisors of the county shall annually, at the time and in the manner of levying othe…
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If the district board fails to furnish to the board of supervisors the written statement of the amou…
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The tax shall be collected at the same time and in the same manner as the general tax levy for count…
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The principal and interest on the bonds shall be paid by the treasurer of the county in the manner n…
§
In any year, at least 15 days before the first day of the month in which the board of supervisors of…
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The tax shall be levied and collected at the same time and in the same manner as the general tax lev…
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Claims for money or damages against the district are governed by Part 3 (commencing with Section 900…
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The cost of preparing the engineer’s report, including the compensation paid engineers and other emp…
§
The cost of the engineer’s report, employees’ salaries, costs of engineering surveys, bond counsel f…
§
The board of directors of a county sanitation district engaging in refuse disposal operations may, b…
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Territory, whether situated within the same or another county and whether incorporated or unincorpor…
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If a refuse transfer or disposal system of the district, or both, is in existence, any territory pro…
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Property contiguous to a sanitation district but which is situated in a county other than the county…
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Whenever any territory in another county is annexed to a district it thereupon becomes a part of the…
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Notwithstanding the provisions of Section 4832.5, whenever territory of less than 50 acres in anothe…
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Taxes for a district which is situated in more than one county as provided in this article shall be …
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Territory already a part of a county sanitation district may be annexed to an improvement district o…
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The district board shall adopt a resolution initiating proceedings for annexation pursuant to Sectio…
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The clerk of the district shall give notice of the hearing by mailing a copy of such notice to all l…
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A majority protest shall be deemed to exist, and the proposed annexation shall be abandoned, if the …
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At the hearing, all interested persons shall be given the opportunity to present evidence and testim…
§
If the district board approves the proposed annexation, or approves the annexation but excludes any …
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Whenever two or more sanitation districts find and declare by resolution adopted by their respective…
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The agreement shall specify the proportionate amount to be paid by each district toward the costs an…
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For the purpose of facilitating the payment of the joint costs, expenses, salaries, wages, or other …
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The district may contract with the Federal Government of the United States or any branch thereof, or…
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The district board may, by resolution, establish zones within the district, or amend the boundaries …
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The resolution declaring the intention to form a special zone shall describe the boundaries of the p…
§
The resolution declaring the intention to annex territory to an existing zone shall describe the bou…
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Notice of a hearing shall be given by publication at least once a week for two successive weeks, not…
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Any interested person, at or before the hearing, may file with the district board a written objectio…
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A copy of the resolution ordering the formation of the zone, or amending the boundaries of an existi…
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The district board shall thereafter in each year, prior to the time of fixing the county tax rate, f…
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The board of supervisors shall fix a special tax rate and levy a special assessment tax each year up…
§
Any special zone may be abolished or territory withdrawn therefrom by resolution of the district boa…
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(a) Paragraph (4) of subdivision (b) of Section 54954 of the Government Code does not apply to the r…
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This chapter shall be known and may be cited as the sewer maintenance district act.
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“District,” as used in this chapter, means a sewer maintenance district formed pursuant to this chap…
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“Board,” as used in this chapter, means the board of supervisors of the county in which a district i…
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“Clerk,” as used in this chapter, means the clerk of the board of supervisors.
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This chapter does not repeal any law providing for the organization of sanitary districts or county …
§
“Sewers” as used in this chapter includes lateral and collecting sewers, septic tanks and all other …
§
Any portion of the territory of a county, whether incorporated or unincorporated, in which lateral o…
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The board of supervisors of any county may determine by resolution that any portion of the unincorpo…
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The board shall fix a time and place to hear the proposal to form a district.
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The board shall direct the clerk to give notice of the hearing. The notice shall have the heading “N…
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The board shall direct the clerk to publish the notice once a week for two successive weeks in the n…
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The board shall also direct the clerk to post the notice in three public places in the proposed dist…
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At any time prior to the time fixed for the hearing any interested person may file with the clerk wr…
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At the time and place fixed for the hearing or at any time to which the hearing is continued, the bo…
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If the board overrules the objections to the formation it shall hear any person objecting to the inc…
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Any district organized under the provisions of this act may become a part of a county sanitation dis…
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A district which becomes a part of the county sanitation district as hereinabove provided for is not…
§
The board is the governing body of the district and may make and enforce all rules and regulations n…
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The board may acquire by gift, condemnation, purchase, or otherwise in the name of the county, and o…
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The board may appoint the county surveyor to supervise the work of cleaning, repairing, reconstructi…
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The board may by resolution change the name of any district to conform with a change in the street n…
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If a district has a boundary which is contiguous to a boundary of a city and the district has a cont…
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The clerk shall file in the office of the county assessor a certified copy of each resolution of the…
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The board may levy a tax each year upon the real property in the district sufficient to defray the c…
§
The annual tax levy may include a reserve for contingencies not to exceed 10 percent of the total le…
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The tax shall be levied and collected at the same time and in the same manner as general county taxe…
§
On or before the first day of July the governing body of any city, the area of which, in whole or in…
§
If a district is organized in any year too late for the levy of a tax in that year or in the next en…
§
Pursuant to a resolution adopted by its board of supervisors, a county may lend any of its available…
§
When the board of supervisors has so declared in its resolution of intention to order the formation …
§
Outlying territory, whether incorporated or unincorporated, and whether contiguous or not, may be an…
§
The board may by resolution fix a time and place for a hearing upon the question of the annexation o…
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The date set for the hearing on the proposed annexation shall be at least three weeks after the date…
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The board shall cause notices of the hearing to be posted in at least three conspicuous places in th…
§
The notices shall be headed “notice of hearing” in letters not less than one inch in height and shal…
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At the time fixed for the hearing or at any time to which it is continued the board shall hear and p…
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If the territory annexed to the district comprises a portion of another district formed under the pr…
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If the territory annexed to the district comprises all of another district, formed under the provisi…
§
The exclusion of territory from one district and its annexation to another district shall not be eff…
§
Any portion of a district that will not be benefited by remaining in the district may be excluded as…
§
A petition to exclude territory shall be signed by 50 or more freeholders in the portion proposed to…
§
As an alternative to the procedure outlined in Section 4906, the board may by resolution entered in …
§
Upon receiving a petition to exclude territory the board shall fix a time for hearing it and for hea…
§
At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one in…
§
Any person interested may appear at the hearing and object to the exclusion of the territory from th…
§
If the board finds that the territory proposed to be excluded will not be benefited by remaining in …
§
Upon the exclusion of any territory from the district all property acquired for the district shall r…
§
A district may be dissolved by the board as provided in this chapter.
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A petition for dissolution, signed by 50 or more freeholders and residents of the district, or by a …
§
Upon receiving a petition for dissolution, or adopting a resolution to initiate dissolution proceedi…
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At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one in…
§
At the time appointed for the hearing or at any time to which it is continued, the board shall hear …
§
If the proposed dissolution is granted, the board shall by resolution order the dissolution of the d…
§
Upon the inclusion of all the territory of a district in one or more cities, either by reason of ann…
§
If all of the district is included in one city, the fund shall be paid to the treasurer of the city …
§
If a part only of the district is so included in one city and the remaining part of the district is …
§
The funds paid over by the district to a city shall be administered by its governing body for the be…
§
When all territory in a district has been included in a city the district is thereupon, by reason of…
§
If less than the whole of a district is included in a city either by reason of annexation or by reas…
§
If all of the district is included within a sanitary district, the district is dissolved upon the fi…
§
“Works,” as used in this chapter, includes any or all of the following facilities, including, but no…
§
“District,” as used in this chapter, includes city, county, city and county, or any municipal or pub…
§
“Governing body,” as used in this chapter, means the governing body of the district.
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“Clerk,” as used in this chapter, means the clerk or secretary of the governing body or of the distr…
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“Area,” as used in this chapter, means the area served, or proposed to be served, by the works, or p…
§
“Rates,” as used in this chapter, includes rates and charges.
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“Bonds,” as used in this chapter, means revenue bonds authorized by this chapter.
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“Treasurer,” as used in this chapter, means the treasurer of the district.
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“Owners of improved real property,” as used in this chapter, means persons who are recorded on the b…
§
The provisions of this chapter regarding a referendum shall be liberally construed to effect the obj…
§
This chapter is an additional and alternative method to those already provided for the acquisition, …
§
If any section, subsection, sentence, clause, or phrase of this chapter, or the application thereof …
§
Before a district acquires or constructs any works under this chapter, its governing body shall adop…
§
The resolution of intention shall contain all of the following: (a) A brief and general description …
§
The owner of property that may be benefited by the acquisition, construction, extension, or operatio…
§
The time set for the hearing shall be not less than twenty nor more than forty days after the adopti…
§
The governing body shall cause the resolution to be published twice in one or more newspapers publis…
§
A copy of the resolution headed “Notice of Sewer Work,” in letters not less than one inch in height,…
§
Both the posting and the publication shall be completed at least ten days before the time set for th…
§
At the time set for the hearing, the governing body shall hear all persons or their representatives …
§
If, before the conclusion of the hearing, a petition signed by not less than 15 percent of the owner…
§
If called, the election shall be held and conducted, the votes received and canvassed, and the retur…
§
If the proposal is not rejected at a referendum election, the governing body acquires jurisdiction t…
§
The cost of the acquisition or construction of the works for which bonds may be issued includes all …
§
Bonds issued and sold under this chapter shall be revenue bonds of the character and form known as “…
§
Each bond, except those of the last installment, or one of each annual installment, shall be in mult…
§
The bonds shall bear interest, as the governing body shall determine, at a rate not to exceed 8 perc…
§
The governing body shall prescribe the form of the bonds, and provide that of the indebtedness repre…
§
The number of bonds to be paid each year need not be the same, and the governing body may fix maturi…
§
If the district is a city, the bonds shall be signed by the mayor if there is one; otherwise by the …
§
In the ordinance authorizing the issuance of the bonds, provision may be made, but are not limited t…
§
If the proceeds of the bonds for any reason are less than the cost of the works, additional bonds ma…
§
No error, defect, irregularity, informality, and no neglect or omission of any officer of any distri…
§
Bonds may be made payable on a date subsequent to the time fixed for the collection of the second in…
§
An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with S…
§
In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and…
§
Any district may acquire, construct, and operate works within or without its limits.
§
It may acquire by gift, purchase, condemnation, or otherwise, all lands, rights of way, or other pro…
§
It may issue and sell bonds for the acquisition and construction of works.
§
The governing body shall have supervision and control over the construction, acquisition, and operat…
§
The governing body may take all steps and proceedings and make and enter into all contracts or agree…
§
It may employ engineers, architects, inspectors, superintendents, a manager, collectors, attorneys, …
§
The governing body shall establish rules and regulations for the use of the works, including all sew…
§
The governing body shall provide that all public ways or public works damaged or destroyed in carryi…
§
In the operation of the works, the district may do any or all of the following: (a) Sell, or otherwi…
§
Whenever any community in the district is provided with a sewerage system under this chapter the gov…
§
All works acquired or constructed under this chapter where the expense involved exceeds five hundred…
§
The governing body shall comply with all the conditions and requirements of the Emergency Relief and…
§
Before awarding any contract for construction of works the governing body shall cause to be publishe…
§
All bids shall be accompanied by a certified check payable to the district for an amount that is not…
§
The bids shall be delivered to the clerk. The governing body shall, in open session, publicly open, …
§
The governing body may reject all bids if it deems this for the public good, and shall reject all bi…
§
If the bids are rejected or if no bids are received, the governing body may readvertise for bids as …
§
If the successful bidder fails, neglects, or refuses for twenty days after written notice of the awa…
§
Each contractor shall, at the time of entering into the contract, execute a surety bond to the satis…
§
The contract shall provide that the work shall be commenced within twenty days after the contractor …
§
At the time of entering into the contract the contractor shall execute, deliver, and file with the g…
§
All provisions of the codes and general laws relating to notice and the foreclosure of such liens ar…
§
In all respects not otherwise provided for in this chapter the bond shall be in conformity with the …
§
All necessary preliminary expenses incurred by the governing body in carrying out this chapter, incl…
§
All compensation of employees, and all other expenses, incurred in carrying out the provisions of th…
§
After reimbursement and repayment to the district of all amounts advanced for preliminary expenses, …
§
The money received from the collection of the rates, together with any other revenue derived from th…
§
In the ordinance for the issuance of bonds the governing body shall provide that the revenues derive…
§
In its discretion the governing body may provide in the ordinance providing for the issuance of bond…
§
All money received for premium and accrued interest shall be paid into a fund for the payment of int…
§
A district issuing bonds shall install and maintain a proper system of accounts, showing the amount …
§
The treasurer is custodian of the funds derived from income received from the works constructed or a…
§
The treasurer shall give a proper surety bond for the faithful discharge of his duties as custodian,…
§
The governing body shall establish just and equitable rates for the use and maintenance of the works…
§
The governing body shall establish rates that, beyond all reasonable doubt, will bring in sufficient…
§
Whenever it appears that the rates are insufficient to provide enough money to pay the principal and…
§
The governing body may establish variable rates for different classes of users, or for different par…
§
However, the rates may only be imposed and collected from the users of all or any portion of such wo…
§
If the users of all or any portion of any works previously acquired and financed by other methods re…
§
No rates shall be established until after a public hearing, at which all the users of the works and …
§
After introduction of the ordinance, resolution, or order fixing the rate, and before it is finally …
§
After the hearing the ordinance, resolution, or order establishing rates, either as originally intro…
§
A copy of the schedule of the rates shall be kept on file in the office of the clerk, and shall be o…
§
The rates for any class of users or property served may be extended to cover any additional premises…
§
Any change or readjustment of the rates shall be made in the same manner as the rates were originall…
§
If the rate is not paid when due, on the first day of each calendar month thereafter a penalty of te…
§
The rates and penalties may be collected in the following manner: (a) An action may be brought in th…
§
The remedies specified for collecting and enforcing rates are cumulative and may be pursued alternat…
§
Until the principal and interest of the bonds are fully paid any holder of any bond outstanding at a…
§
After rates are fixed pursuant to this article, any person may pay such rates under protest and brin…
§
Any district owning or operating works may contract with one or more other cities, counties, sanitat…
§
The governing body of the district may by ordinance establish, change, and adjust rates for the serv…
§
The necessary intercepting sewers and appurtenant works for connecting the works of the owner-distri…
§
The income received by the owner-district under the contract shall, if so provided in the ordinance,…
§
Territory which has become annexed to a district which has authorized the issuance of bonds pursuant…
§
Territory which has been withdrawn from a district which has authorized the issuance of bonds pursua…
§
A city to which any territory has been annexed, whether or not said territory has been withdrawn fro…
§
The board of supervisors of a county may vacate or abandon easements for sewage or drainage purposes…
§
As used in this chapter: (a) “Waste” includes sewage and any and all other waste substances, liquid,…
§
No person shall discharge sewage or other waste, or the effluent of treated sewage or other waste, i…
§
(a) Any person who, without regard to intent or negligence, causes or permits any sewage or other wa…
§
Whenever the state department or any local health officer finds that a contamination exists, the sta…
§
(a) Any person who, without regard to intent or negligence, causes or permits any sewage or other wa…
§
Whenever the state department finds that a pollution or nuisance does, in fact, exist, that conditio…
§
With respect to any condition of contamination, the state department may accept the action of any st…
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No provision in this chapter is a limitation on any of the following: (a) The authority of a city or…
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(a) There shall be not less than one water closet for each 20 employees or fractional part thereof w…
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The state department or local health officer may issue a peremptory order requiring the abatement of…
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Any person who discharges sewage or other waste in any manner which results in contamination is guil…
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Any action taken pursuant to this article with respect to the abatement of contamination created by …
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Any health officer or governing board of any city, county, sanitary district, or other district havi…
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An owner or reputed owner, who has his or her property included within an assessment district for th…
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(a) The procedures specified in this section may be used by a public agency that is an entity, as de…
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The following words wherever used in this article shall be construed as defined in this section, unl…
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(a) In addition to the powers granted in the principal act, any entity shall have power, by an ordin…
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After fees, rates, tolls, rentals or other charges are fixed pursuant to this article, any person ma…
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The rates may be collected with the rates for any other utility service furnished by a department or…
§
Any entity which has adopted an ordinance or resolution pursuant to this article or an order pursuan…
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The clerk shall cause notice of the filing of said report and of a time and place of hearing thereon…
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At the time stated in the notice, the legislative body shall hear and consider all objections or pro…
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Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify…
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On or before August 10 of each year following the final determination upon each charge, the clerk sh…
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Except as provided in Section 5473.8, the amount of the charges shall constitute a lien against the …
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The tax collector shall include the amount of the charges on bills for taxes levied against the resp…
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Thereafter the amount of the charges shall be collected at the same time and in the same manner and …
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All laws applicable to the levy, collection, and enforcement of general taxes of the entity, includi…
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The tax collector may, in his discretion, issue separate bills for such charges and separate receipt…
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The entity may provide for a basic penalty of not more than 10 percent for nonpayment of the charges…
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(a) An entity shall notify the assessee shown on the latest equalized assessment roll whenever delin…
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§ 5473a
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An entity shall have the power by ordinance or resolution approved by two-thirds vote of the members…
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The notice shall be published pursuant to Section 6063 of the Government Code prior to the date set …
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At the time stated in the notice the legislative body shall hear and consider all objections or prot…
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Upon the conclusion of the hearing, the legislative body may adopt, revise, change, reduce or modify…
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On or before August 10 of each year following the final determination, the legislative body shall ce…
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The county auditor shall enter on the current assessment roll the amounts of the installments of any…
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(a) The tax collector shall include the amounts of the installments of fees or charges and the inter…
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The tax collector may, in his discretion, issue separate bills for such installments of fees or char…
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Fees or charges imposed by an entity by ordinance or resolution adopted pursuant to Section 5474 may…
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Revenues derived from fees or charges imposed pursuant to Section 5474 shall be used only for the ac…
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The authority for the imposition of fees or charges by entities pursuant to Section 5474 shall be in…
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No right or obligation accrued by the formation or operation of a municipal sewer district pursuant …
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All claims for money or damages against the district are governed by Part 3 (commencing with Section…
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Claims for money or damages against the district are governed by Part 3 (commencing with Section 900…
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Unless the context otherwise requires, the definitions in this section govern the construction of th…
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The Legislature finds and declares that small rural communities are unable to take advantage of vari…
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The department shall establish a Rural Community Facilities Technical Assistance Program, under whic…
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The program shall be administered by the Director of Housing and Community Development.
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The program shall be for the purpose of helping rural and low-income communities to take advantage o…
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The Rural Community Facility Grant Fund is hereby created in the State Treasury. The fund is continu…
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The department shall grant funds by contract with eligible grantees under the following conditions: …
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The department shall develop and adopt rules and regulations to implement the provisions of this cha…
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“District,” as used in this part, means a district formed pursuant to this part or pursuant to any l…
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“Board” or “district board,” as used in this part, means the governing board of a district.
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“Secretary,” as used in this part, means the secretary of a district.
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“Assessor,” as used in this part, means the assessor of a district.
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“Tax collector,” as used in this part, means the tax collector of the county or counties in which a …
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“Treasurer,” as used in this part, means the treasurer of the county or counties in which a district…
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“Garbage,” as used in this part, shall include all of the following: (a) animal, fruit and vegetable…
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“Board of supervisors,” as used in this part, means the board of supervisors of the county in which …
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Whenever 25 persons in any county, or in two or more counties within the same natural watershed area…
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The petition shall contain: (a) The name of the proposed district. (b) The boundaries of the propose…
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Each petitioner shall be a resident and freeholder in the proposed district.
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The petition shall be verified by the affidavit of one of the petitioners.
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The petition shall be published for at least two weeks preceding the hearing in a newspaper of gener…
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With the petition there shall be published a notice stating the time when the petition will be prese…
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At the time designated the board of supervisors shall hear the petition, and may adjourn the hearing…
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The board of supervisors shall not modify the boundaries of the proposed district as set forth in th…
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If the board of supervisors concludes that any land has been improperly omitted from the proposed di…
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The notice shall be given either by publication in the same manner as the original petition and for …
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If the notice is given by personal service, it shall be given at least three days prior to the date …
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The board of supervisors may grant further continuances, by order entered in its minutes, to the end…
§
Upon the final hearing of the petition, the board of supervisors, if it approves the petition as ori…
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The order shall: (a) Fix the day of the election, which shall be held on the next established electi…
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The order shall be entered in the minutes of the board of supervisors, and is conclusive evidence of…
§
Except as otherwise specifically provided in this article, the provisions of the chapter of this par…
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A copy of the order shall be posted for four successive weeks prior to the election in three public …
§
Within five days after the district formation election has been called, the legislative body which h…
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The board of supervisors or any member or members of the board authorized by the board, or any indiv…
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If more than one argument for or more than one argument against the proposed district formation is f…
§
The elections officials in charge of conducting the election shall cause a ballot pamphlet concernin…
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At least 15 days prior to the election, the board of supervisors shall select one, and may select tw…
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The ballots shall contain the words, “Shall the sanitary district be formed?” To the right of or bel…
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At the election there shall be elected an assessor and the members of the board who shall be residen…
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If a majority of the votes cast in each county are in favor of formation of the district, the board …
§
If a majority of the votes cast are against formation of the district, the board of supervisors shal…
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(a) The officers of the district are an assessor and five members of the board. (b) Any member of th…
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(a) Notwithstanding Section 6480, the local agency formation commission, in approving either a conso…
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At any time within two years after a sanitary district consolidates with or annexes the territory of…
§
If a consolidation involving the Capistrano Beach Sanitary District and the Dana Point Sanitary Dist…
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The board is the governing power of the district, and exercises all district powers, except the maki…
§
Except as to those members of the board who are elected at the election on formation, the term of of…
§
Vacancies in the membership of the board shall be filled pursuant to Section 1780 of the Government …
§
The members of the board elected at the election as a result of which the district was organized or,…
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At its first meeting, or as soon thereafter as may be practicable, the board shall choose one of its…
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All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the…
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The board shall hold such meetings, either in the day or in the evening, as may be convenient. In ca…
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(a) Subject to subdivision (b), each of the members of the board shall receive compensation in an am…
§
(a) A general regulation of the board shall be entered in its minutes, and shall be published once i…
§
Unless otherwise provided by this part, orders not establishing a general regulation need not be pub…
§
The district board may, by general regulation, adopt codes or specifications controlling the manner …
§
The district board may, by general regulation, adopt a code by reference in the same manner as legis…
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Ordinances of the district may be enacted in the same manner as general regulations of the board and…
§
A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 …
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The board may instruct the district attorney of the county to commence and prosecute any or all acti…
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The board may provide, by resolution, that the health officer of the county in which the district is…
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The board may at any time employ special counsel for any purpose.
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There shall be an election for assessor in each even-numbered year in which members of the board are…
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The assessor’s duties are fixed by this part and he shall perform such other duties as are ordered o…
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The assessor shall receive such compensation as shall be fixed by the board.
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(1) The sanitary board of sanitary districts may classify all the places of employment in or under t…
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Any county officer required to act as an officer of the district and perform services for the distri…
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If a district has a boundary which is contiguous to the boundary of a city and the district has a co…
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By resolution, the board may change the name of the district. Any name resulting from a change shall…
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A district may use a seal, alterable at the pleasure of the board.
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It may sue and be sued by its name.
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(a) A district may acquire, plan, construct, reconstruct, alter, enlarge, lay, renew, replace, maint…
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Notwithstanding any other provision of law, for the purpose of furnishing water in the district for …
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Notwithstanding any other provision of law, for the purpose of furnishing water in the district for …
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(a) Notwithstanding Section 6512 and the Cortese-Knox-Hertzberg Local Government Reorganization Act …
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It may permit the use of any property of the district by any county or municipality, or any other di…
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It may, for the purposes specified in this part, acquire by purchase, gift, devise, condemnation pro…
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(a) A district may lease, for a term not exceeding 99 years, subject to periodic review, district pr…
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It may make and accept contracts, deeds, releases, and documents that, in the judgment of the board,…
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It may pay lawful claims and demands against it.
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It may employ and pay necessary agents and assistants.
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It may lay its sewers and drains in any public street or road in the county, and for this purpose en…
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It may collect waste and garbage.
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It may call and conduct all necessary or proper elections.
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It may compel all residents and property owners in the district to connect their houses and habitati…
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It may prohibit any resident or property owner in the district from connecting any house, habitation…
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It may require any resident or property owner in the district who desires to have any house, habitat…
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Any sanitary district and any county may enter into a contract agreeing to pay and apportion between…
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It may, by an order approved by a two-thirds vote of the members of the board, prescribe, revise and…
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The district board may, by resolution, abandon action for the collection of any district tax assessm…
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It may sell, or otherwise dispose of, any water, sewage effluent, fertilizer, or other byproduct res…
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It may construct, maintain, and operate such pipelines or other works as may be necessary to conserv…
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On or before August 10, the board may certify to the board of supervisors and county auditor a state…
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A district shall notify the assessee shown on the latest equalized assessment roll whenever delinque…
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In the event any charges for sewer and other services, or either, remain unpaid the amount of the un…
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It may make and enforce all necessary and proper regulations for: (a) The removal of garbage. (b) Th…
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Any district may exercise the power granted to sanitation districts by Section 4765 of this code.
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It may do any act necessary or proper to the complete exercise and effect of any of its powers, or f…
§
No regulation or ordinance of a district which regulates or prescribes standards for the installatio…
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A violation of a regulation or ordinance of a district is a misdemeanor punishable by imprisonment i…
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It may borrow money and incur indebtedness and guarantee the performance of its legal or contractual…
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In order to effect its powers, it may enter upon private property for the purpose of inspection and …
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In order to enforce the provisions of any ordinance of the district, the district may correct any vi…
§
Any district organized under the provisions of this act may become a part of a county sanitation dis…
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A sanitary district which becomes a part of a county sanitation district as hereinabove provided for…
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When a sanitary district is not included in a county sanitation district at the time of formation of…
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Following the formation of such county sanitation district it shall have no jurisdiction within such…
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Copies of the resolutions herein mentioned, duly certified by the clerk or secretary of the respecti…
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Nothing herein shall prevent any territory within a county sanitation district from being formed int…
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At any time after the sewer or other sanitary system is constructed the governing body of any city l…
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Whenever any portion of a district has been included within a city by annexation, incorporation, or …
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Where an entire district shall have heretofore become located within the boundaries of a city by rea…
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The governing board may order the construction of sewers, drains, septic tanks, and sewerage collect…
§
The Improvement Act of 1911, the Improvement Bond Act of 1915, and the Municipal Improvement Act of …
§
In the application of those acts to proceedings under this article the terms used in those acts shal…
§
The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agen…
§
The improvements authorized to be constructed or acquired by this article are restricted to those pe…
§
An improvement district may be formed to undertake any project for any one or more of the purposes s…
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The formation of an improvement district shall be initiated by a resolution of the district board wh…
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The secretary shall give notice of the time and place of the hearing by causing a copy of the resolu…
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The hearing on the proposed improvement district shall be held by the board of directors upon the da…
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The district board shall have power to change the boundaries of the proposed improvement district, t…
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If the district board proposes to change the boundaries of the proposed improvement district by addi…
§
If prior to the conclusion of the hearing written protests against the formation of the proposed imp…
§
At the conclusion of the hearing, if the proceedings are not terminated pursuant to Section 6550.7, …
§
When the district board has made its determinations as provided in Section 6550.8, and if the board …
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Except as otherwise provided in this article, notice of the election shall be given and the election…
§
No irregularities or informalities in conducting such election shall invalidate the same, if the ele…
§
Any moneys required to be raised from taxes for the purpose of paying the principal of and interest …
§
Subject to such limitations as may be contained in the resolution declaring the improvement district…
§
The procedure for levying and collecting taxes in any improvement district shall be the same as is p…
§
All taxes collected pursuant to this article shall be expended only for the payment of bond principa…
§
For the purpose of any tax levied under this article, the properties within any improvement district…
§
Territory within a district, but not a part of an improvement district created pursuant to this arti…
§
Annexation of territory to an improvement district shall be initiated by a resolution of the distric…
§
The resolution shall be published and notice of the hearing on the proposed annexation shall be give…
§
The hearing on the proposed annexation shall be held in the manner required by Section 6550.4, excep…
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The district board shall have the power to change the boundaries of territory proposed to be annexed…
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If the district board proposes to change the boundaries of the territory proposed to be annexed by a…
§
At the conclusion of the hearing, the district board may, by resolution, order the annexation to the…
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If all the owners of land within the territory proposed to be annexed have given their written assen…
§
After the adoption of a resolution ordering such annexation, or a resolution confirming an order of …
§
Territory annexed to an improvement district shall be subject to existing bond issues and indebtedne…
§
The election on the question of formation of a district shall be conducted as nearly as practicable …
§
Every voter resident within the district or a proposed district for the period requisite to enable h…
§
At an annexation election every qualified voter resident in the territory proposed to be annexed for…
§
At district elections the last great register of the county shall be used, and any person otherwise …
§
Except as provided in Sections 6580.1 and 6580.2, all elections of officers after the formation of t…
§
The election of officers may be consolidated with the direct primary election if the board of direct…
§
An officer elected or appointed pursuant to Section 6580.1 shall hold office until the election or a…
§
The nominating petition may be upon one or more sheets of paper. Each petition shall contain the nam…
§
Notwithstanding any other provision of law, this article shall apply only to the Central Contra Cost…
§
(a) In the case of an elected district board, the directors may be elected by divisions if a majorit…
§
In the case of a district board elected by election divisions, the district board shall adjust the b…
§
(a) Before circulating any petition pursuant to Section 6591, the chief petitioners shall publish a …
§
(a) Sections 100 and 104 of the Elections Code shall govern the signing of the petition and the form…
§
(a) Within 30 days after the date of filing a petition, the secretary of the district board shall ca…
§
Notice of bond elections shall be given by posting notices, signed by not less than a majority of th…
§
The notice shall contain: (a) Time and place of holding the election. (b) The names of the officers …
§
The vote shall be by ballot, without reference to the general law in regard to form of ballot. The b…
§
After the votes have been announced the ballots shall be sealed and delivered to the secretary or pr…
§
A district may issue bonds as provided in this part.
§
A district may issue bonds to raise money for any of the purposes stated in Section 6512 hereof.
§
By order entered in its minutes, when in its judgment it is advisable, the board may and shall, upon…
§
The order calling the election may submit as one proposal the question of issuing bonds to make all …
§
If, at the election, two-thirds of the votes cast are in favor of the issuance of bonds, the board m…
§
Bonds issued by the district under the provisions of this part shall be of such denomination or deno…
§
The bonds shall be payable in lawful money of the United States at the office of the treasurer and b…
§
No bonds shall be payable in installments, but each shall be payable in full on the date specified t…
§
Each bond shall be signed by the president and countersigned by the secretary. The bonds shall be nu…
§
The bonds shall be sold by the board in such manner and in such quantities as may be determined by i…
§
The term of bonds issued shall not exceed forty years.
§
The outstanding bonds of the district shall not at any one time exceed 15 percent of the assessed va…
§
An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with S…
§
(1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds aut…
§
In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and…
§
At any time after the annexation of territory, the board may issue bonds to raise money for any of t…
§
The provisions of this part with reference to bonds in annexed territory do not limit the powers or …
§
Bonds of the district for the purpose of providing funds for the construction of a larger main sewer…
§
After a district organized under the Sanitary District Act of 1891, or Chapter 161, Statutes of 1891…
§
The new bonds shall be payable as nearly as practicable at the same time as the installments on the …
§
The expenses of the exchange shall be borne by the holder of the bonds presented for exchange.
§
After the exchange the old bonds shall be canceled by punching holes in the signatures, and shall be…
§
The board may cause refunding bonds to be issued for the purpose of refunding any or all outstanding…
§
Refunding bonds shall be issued and delivered only when the bonds to be refunded have matured or are…
§
Except as otherwise provided in this article, refunding bonds shall be issued in substantially the m…
§
The board desiring to refund any of its bonds may formulate a proposed plan for that purpose and sha…
§
Only a majority vote shall be required to authorize the issuance of refunding bonds.
§
The maturity date of refunding bonds shall be fixed by the board but in no case shall the maturity o…
§
The rate of interest on refunding bonds shall not exceed 8 percent per annum payable semiannually.
§
Refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of t…
§
(a) Except as otherwise provided in this part, no more than sixty cents ($0.60) on each one hundred …
§
The board may prescribe the time and manner of assessing, levying, and collecting taxes for district…
§
District taxes may be assessed, levied, and collected for any or all of the following purposes: (a) …
§
The board shall annually levy a tax upon the taxable property in the district sufficient to pay the …
§
If any portion of the interest or principal due for any year remains unpaid, it shall be added to th…
§
The payment of the principal and interest of all bonds, within forty years from their issuance, is t…
§
Taxes for the payment of the principal and interest of bonds of annexed territory shall be limited t…
§
Between the first Mondays in March and July annually the assessor shall assess all taxable property …
§
No mistake in the name of the owner of any property, or any informality in the description or in oth…
§
The assessor shall verify his assessment roll, and shall deposit it with the board on the first Mond…
§
All the provisions of law relating to assessment of property by county assessor shall, so far as app…
§
Annually, on the first Monday of July at seven thirty p.m. the board shall meet as a board of equali…
§
If the district assessor has returned the assessment roll for the year the board shall proceed to eq…
§
If the assessment roll has not been returned by the district assessor the board shall adjourn from t…
§
When the assessment roll is returned by the district assessor, the board shall equalize the assessme…
§
The board may hear complaints as to the proceedings of the district assessor and adjudicate and dete…
§
After the equalization of the assessments has been completed, the board shall, by resolution, fix th…
§
After the entry in the minutes of the resolution fixing the rate of the tax the board shall cause th…
§
When completed, the roll shall be verified by the district assessor and signed by the president and …
§
As soon as practicable, but not later than the third Monday in August, after the taxes have been com…
§
The tax collector shall collect the taxes shown to be due, in the same manner as he collects the cou…
§
All the provisions of the laws of the state as to the collection of taxes and delinquent taxes, and …
§
The board may direct the district attorney of the county to commence and prosecute suits for the col…
§
All money collected for district purposes by the district attorney under this part shall be at once …
§
The board may at any time, by order entered in its minutes, provide a system for the collection of d…
§
The tax collector shall immediately pay to the treasurer all money collected by him for district pur…
§
The tax collector and the sureties on his official bond are responsible for the due performance of t…
§
The board may elect to avail itself of the assessment made by the assessor of the county in which th…
§
The board shall declare its election by resolution and shall file a certified copy with the auditor …
§
Following the board’s election, the county auditor shall on or about the third Monday of August of e…
§
The board shall, then, before September 1st, estimate the amount of money needed and fix the rate of…
§
The board shall designate the number of cents on each one hundred dollars ($100) to be levied for ea…
§
The board shall by September 1st of each year certify to the county auditor of the county in which t…
§
The county auditor shall compute and enter in the county assessment roll the respective sums to be p…
§
The taxes are a lien on all the property in the district, and the taxes, whether for the payment of …
§
Taxes for a district which is situated in more than one county and which has availed itself of the c…
§
In a fund called the “bond fund of sanitary district” (naming it) the treasurer shall keep the money…
§
No part of the money in the bond fund may be transferred to any other fund or be used for any purpos…
§
In a fund called the “running expense fund of ____ Sanitary District” (naming it) the treasurer shal…
§
The whole or any part of the money in the running expense fund shall be transferred to the bond fund…
§
(a) The treasurer, or other person or persons that are authorized by the board, shall draw checks or…
§
The treasurer shall keep the order as his voucher, and shall keep a specific account of receipts and…
§
The proceeds of the sale of bonds shall be deposited with the treasurer and shall be by him placed i…
§
The money in the sewer construction fund shall be used for the purpose indicated in the order callin…
§
All fines for the violation of any regulation or order of the board shall, after the expenses of the…
§
The county treasurer and sureties upon his official bond are liable for the due performance of the d…
§
Notwithstanding the provisions of any other section of this article, the board may, out of any surpl…
§
(a) As an alternative to the functions of the treasurer, the district board may elect to disburse fu…
§
All claims for money or damages against the district are governed by Part 3 (commencing with Section…
§
A district organized under Chapter 161, Statutes of 1891, or under the Sanitary District Act of 1919…
§
To effect the reorganization a petition, signed by not less than twenty-five residents and freeholde…
§
The petition shall be verified by at least one of the petitioners in the manner prescribed by law fo…
§
The petition shall be published for at least two weeks preceding the hearing in a newspaper of gener…
§
At that time the board of supervisors shall hear the petition. The board of supervisors shall not mo…
§
If the board of supervisors finds, upon the final hearing of the petition, that the statements there…
§
From and after the making of the order of reorganization by the board of supervisors, the district i…
§
A district reorganized under this part is for all purposes the district previously existing.
§
Reorganization shall not affect or impair the title to any property owned or held by or in trust for…
§
Reorganization shall not operate to repeal or affect in any manner any ordinance previously passed o…
§
The district may contract with the Federal Government of the United States or any branch thereof, or…
§
Any duty imposed by this part on any county officer shall be deemed imposed on the county officers o…
§
There may be annexed to a district any of the following territory which is in the same county as the…
§
No right or obligation accrued by the formation, organization, reorganization or operation of a sani…
§
Pursuant to Section 1002 of the Elections Code, any election held under Chapter 161 of the Statutes …
§
Notwithstanding the provisions of Chapter 161 of the Statutes of 1891, or the provisions of the Sani…
§
The board shall declare its election by resolution and shall file a certified copy with the auditor …
§
Following the board’s election, the county auditor shall on or about the third Monday in August of e…
§
Before the first day of September the district board shall fix the rate of taxation for district pur…
§
The board shall designate the number of cents on each one hundred dollars ($100) to be levied for ea…
§
The county auditor shall compute and enter in the county assessment roll the respective sums to be p…
§
The taxes are a lien on all the property in the district, and the taxes, whether for the payment of …
§
“Board” or “board of directors” means the governing authority of a public agency.
§
“Public agency” means a city, a county, a special district, or any other political subdivision of th…
§
“On-site wastewater disposal system” means any of several works, facilities, devices, or other mecha…
§
“Owner of real property” means any public agency owning land and any person shown as the owner of la…
§
“Zone” means an on-site wastewater disposal zone formed pursuant to this chapter.
§
“Real property” means both land and improvements to land which benefit, directly or indirectly from,…
§
Whenever the board of directors of a public agency deems it necessary to form an on-site wastewater …
§
A proposed zone shall contain at least 12 voters, as defined in Section 359 of the Elections Code. H…
§
The resolution of intention shall also state: (a) A description of the boundaries of the territory p…
§
The resolution of intention shall be filed for record in the office of the county recorder of the co…
§
(a) A proposal to form a zone within a public agency may also be initiated by filing a petition with…
§
(a) Notice of the hearing shall be given by publishing a copy of the resolution of intention or the …
§
The hearing by the board on the question of the formation of the proposed zone shall be commenced no…
§
After receiving notice pursuant to subdivision (b) of Section 6958, a local health officer shall rev…
§
After receiving notice pursuant to subdivision (b) of Section 6958, the affected regional water qual…
§
The number, type, volume, and location of on-site wastewater disposal systems to be operated within …
§
The formation of an on-site wastewater disposal zone shall be subject to review and approval by a lo…
§
Prior to any decision on the question of the formation of the proposed zone, the board shall obtain …
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At the time and place fixed in the resolution of intention or the petition, or at any time or place …
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At the hearing the board shall also hear and receive any oral or written protests, objections, or ev…
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At the close of the hearing the board shall find and declare by resolution that written protests, fi…
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If the number of written protests filed and not withdrawn is the number described in subdivision (c)…
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If the number of written protests filed and not withdrawn is the number described in subdivision (a)…
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The board may order the formation of the zone either without election or subject to confirmation by …
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If the board does not order the formation of the proposed zone, an election on the question shall be…
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Any election conducted pursuant to the provisions of this chapter shall be conducted pursuant to the…
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After the canvass of returns of any election on the question of forming a proposed zone, the board s…
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No public agency shall form a zone which includes any territory already included within another zone…
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No public agency shall form a zone if such formation will permit other land uses which are not consi…
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After the formation of the zone pursuant to this article, all taxes levied to carry out the purposes…
§
If the board does not form a zone after the close of a hearing in accordance with Section 6967 and n…
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Territory within the public agency may be annexed to a zone, provided that such territory is not par…
§
Land already a part of a zone may be detached if the board finds and determines, following notice an…
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An on-site wastewater disposal zone may be formed to achieve water quality objectives set by regiona…
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An on-site waste water disposal zone shall have the following powers: (a) To collect, treat, reclaim…
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The public agency shall do all such acts as are reasonably necessary to secure compliance with any f…
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(a) Violation of any of the provisions of a rule or regulation adopted pursuant to subdivision (d) o…
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(a) The owner of any real property upon which is located an on-site wastewater disposal system, whic…
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A board may exercise all of the public agency’s existing financial powers on behalf of a zone, excep…
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Notwithstanding any other provision of law, a public agency may levy an assessment reasonably propor…
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(a) Notwithstanding Section 6952, the West Bay Sanitary District may use the procedures in this chap…
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The definitions in this chapter apply to this division, Division 8 (commencing with Section 8100) an…
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“Human remains” or “remains” means the body of a deceased person, regardless of its stage of decompo…
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“Cremated remains” means the ashes and bone fragments of a human body that are left after cremation …
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(a) “Hydrolyzed human remains” means bone fragments of a human body that are left after hydrolysis i…
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(a) “Reduction facility” means a structure, room, or other space in a building or real property wher…
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(a) “Cemetery” means either of the following: (1) Any of the following that is used or intended to b…
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“Burial park” means a tract of land for the burial of human remains in the ground, used or intended …
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Except in Part 5 (commencing with Section 9501) of Division 8, “mausoleum” means a structure or buil…
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“Crematory” means a building or structure containing one or more furnaces for the reduction of bodie…
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(a) “Hydrolysis facility” means a building or structure containing one or more chambers for the redu…
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“Cremation chamber” means the enclosed space within which the cremation of human remains is performe…
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(a) “Hydrolysis chamber” means the enclosed space within which the hydrolysis of human remains is pe…
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“Cremation container” means a combustible, closed container resistant to leakage of bodily fluids in…
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(a) “Hydrolysis container” means a hydrolyzable body wrapping into which the body of a deceased pers…
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“Cremated remains container” means a receptacle in which cremated remains are placed after cremation…
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(a) “Hydrolyzed human remains container” means a receptacle in which hydrolyzed human remains are pl…
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Except in Part 5 (commencing with Section 9501) of Division 8, “columbarium” means a structure, room…
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“Crematory and columbarium” means a building or structure containing both a crematory and columbariu…
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“Interment” means the disposition of human remains by entombment or burial in a cemetery or, in the …
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“Cremation” means the process by which the following three steps are taken: (a) The reduction of the…
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(a) “Hydrolysis” means the process by which the following two steps are taken: (1) The reduction of …
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(a) “Processing” means the removal of foreign objects, pursuant to Section 7051, and the reduction o…
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“Residue” means human ashes, bone fragments, prostheses, and disintegrated material from the chamber…
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(a) “Scattering” means the authorized dispersal of cremated remains or hydrolyzed human remains at s…
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(a) “Integrate into the soil” means the authorized addition and mixing of reduced human remains with…
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(a) “Inurnment” means placing cremated remains or hydrolyzed human remains in a cremated remains con…
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(a) “Placement” means the placing of a container holding cremated remains or hydrolyzed human remain…
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“Entombment” means the process of placing human remains in a crypt or vault.
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“Burial” means the process of placing human remains in a grave.
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“Grave” means a space of earth in a burial park, used, or intended to be used, for the disposition o…
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(a) “Crypt” or “vault” means a space in a mausoleum of sufficient size, used or intended to be used,…
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(a) “Niche” means a space in a columbarium used, or intended to be used, for the placement of cremat…
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(a) “Hydrolysate” means the resultant liquid from the hydrolysis of human remains, which liquid is a…
§
“Cemetery authority” includes cemetery association, corporation sole, limited liability company, or …
§
“Cemetery corporation,” “cemetery association,” or “cemetery corporation or association,” means any …
§
“Cemetery business,” “cemetery businesses,” and “cemetery purposes” are used interchangeably and mea…
§
“Directors” or “governing body” means the board of directors, board of trustees, or other policymaki…
§
“Lot,” “plot,” or “interment plot” means space in a cemetery, used or intended to be used for the in…
§
“Plot owner,” “owner,” or “lot proprietor,” means any person in whose name an interment plot stands …
§
“Permit for Disposition of Human Remains” includes “burial permit” and is a permit, issued pursuant …
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“Disposition” means the interment, integration into soil, or scattering of human remains within Cali…
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(a) Every person who knowingly mutilates or disinters, wantonly disturbs, or willfully removes any h…
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(a) A person who removes part of any human remains from a place where it has been interred, or from …
§
A person who removes or possesses dental gold or silver, jewelry, or mementos from human remains wit…
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(a) A person who willfully mutilates, disinters, removes from the place of interment, or commits an …
§
Notwithstanding the provisions of Section 7052, cremated, reduced, or hydrolyzed human remains may b…
§
Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or d…
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(a) (1) Except as authorized pursuant to the sections referred to in subdivision (b), a person who d…
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Cremated, reduced, or hydrolyzed human remains shall not be removed from the place of cremation, red…
§
Notwithstanding any other provision of law, a recognizable dead human fetus of less than 20 weeks ut…
§
Notwithstanding any other provision of law, recognizable anatomical parts, human tissues, anatomical…
§
(a) Reduced human remains may be disposed of by integration into the topsoil by the person having th…
§
(a) Except as provided in subdivision (b), cremated remains or hydrolyzed human remains may be remov…
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(a) Except with the express written permission of the person entitled to control the disposition of …
§
(a) Except with the express written permission of the person entitled to control the disposition of …
§
(a) Except with the express written permission of the person entitled to control the disposition of …
§
(a) A person who, for themselves or for another person, inters, cremates, reduces, or hydrolyzes a b…
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(a) A person who, for themselves or for another person, inters, cremates, reduces, or hydrolyzes a b…
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(a) The right to control the disposition of the remains of a deceased person, the location and condi…
§
(a) A decedent, prior to death, may direct, in writing, the disposition of his or her remains and sp…
§
When any decedent leaves an estate in this state, the reasonable cost of interment and an interment …
§
When a person is charged by law with the duty of interment he is entitled to the custody of the rema…
§
(a) Every person, upon whom the duty of interment is imposed by law, who omits to perform that duty …
§
(a) When no provision is made by the decedent, or where the estate is insufficient to provide for in…
§
If, within 30 days after the coroner notifies or diligently attempts to notify the person responsibl…
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(a) If the person or persons listed in paragraphs (1), (3), (4), (5), (6), (7), and (8) of subdivisi…
§
A cemetery authority may seek an order providing for the interment of the remains of one or more dec…
§
Notice of the time and place of the hearing on the petition shall be given as the court may direct. …
§
If the coroner is directed to make such interment he shall make it in the manner provided by law for…
§
The court shall allow costs and reasonable attorney’s fees to a prevailing plaintiff against all def…
§
Any person signing any authorization for the interment or cremation of any remains warrants the trut…
§
A cemetery authority or crematory may make an interment or cremation of any remains upon the receipt…
§
No action shall lie against any cemetery authority relating to the cremated remains of any person wh…
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A cemetery authority or licensed funeral director or a licensed hospital or its authorized personnel…
§
Any person who performs, permits or assists at, an autopsy on a dead body without having first obtai…
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(a) Cremated remains or hydrolyzed human remains may be scattered in an area where no local prohibit…
§
(a) Cremated remains or hydrolyzed human remains may be taken by boat from any harbor in this state,…
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(a) Notwithstanding subdivision (a) of Section 7117, cremated remains may be transferred from a dura…
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This chapter shall be known, and may be cited, as the Uniform Anatomical Gift Act.
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(a) As used in this chapter, the following terms have the following meanings: (1) “Adult” means an i…
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Subject to Section 7150.35, an anatomical gift of a donor’s body or part may be made during the life…
§
(a) A donor may make an anatomical gift through any of the following: (1) By authorizing a statement…
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(a) Subject to Section 7150.35, a donor or other person authorized to make an anatomical gift under …
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(a) An individual may refuse to make an anatomical gift of the individual’s body or part by any of t…
§
(a) Except as otherwise provided in subdivision (g) and subject to subdivision (f), in the absence o…
§
(a) Subject to subdivisions (b) and (c), and unless barred by Section 7150.30 or 7150.35, an anatomi…
§
(a) A person authorized to make an anatomical gift under Section 7150.40 may make an anatomical gift…
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(a) An anatomical gift may be made to any of the following persons named in the document of gift: (1…
§
(a) All of the following persons shall make a reasonable search of an individual who the person reas…
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(a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon o…
§
(a) When a hospital refers an individual at or near death to a procurement organization, the organiz…
§
Each hospital in this state shall enter into agreements or affiliations with procurement organizatio…
§
(a) Except as otherwise provided in subdivision (b), a person that, for valuable consideration, know…
§
(a) A person that acts in accordance with this chapter or with the applicable anatomical gift law of…
§
(a) A document of gift is valid if executed in accordance with any of the following: (1) This chapte…
§
(a) The California organ procurement organizations designated pursuant to Section 273 and following …
§
(a) As used in this section the following terms have the following meanings: (1) “Advance health car…
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(a) A county coroner shall cooperate with procurement organizations to maximize the opportunity to r…
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(a) On request from a qualified procurement organization, the county coroner may permit the removal …
§
In applying and construing this uniform act, consideration shall be given to the need to promote uni…
§
This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce …
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(a) No hospital, physician and surgeon, procurement organization, or other person shall determine th…
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(a) A hospital, physician and surgeon, procurement organization, or other person shall not determine…
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(a) If there has been an anatomical gift, a technician may remove any donated parts and an enucleato…
§
This chapter shall be known, and may be cited, as the Altruistic Living Donor Registry Act of 2010.
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(a) The Legislature finds and declares all of the following: (1) More than 20,000 Californians are c…
§
(a) The California organ procurement organizations designated pursuant to Section 273 and following …
§
(a) The Controller shall prepare, or cause to be prepared, an organ donor information brochure for i…
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(a) As a part of its ongoing audit and review process, the Licensing and Certification Division of t…
§
Every health care service plan contract that is issued, amended, delivered, or renewed on or after J…
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(a) The following definitions shall apply for purposes of this section: (1) “Cosmetic surgery” means…
§
(a) The State Department of Health Services shall consult with the Legislature on or before December…
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(a) An individual who has sustained either (1) irreversible cessation of circulatory and respiratory…
§
When an individual is pronounced dead by determining that the individual has sustained an irreversib…
§
When a part of the donor is used for direct transplantation pursuant to the Uniform Anatomical Gift …
§
Complete patient medical records required of a health facility pursuant to regulations adopted by th…
§
(a) Each general acute care hospital shall develop a protocol for identifying potential organ and ti…
§
(a) In conjunction with entering into any agreement with any coroner or medical examiner for release…
§
Every head of a public institution, city or county undertaker, or state, county, or city officer hav…
§
The person in charge of a public institution in which the decedent was an inmate shall transmit upon…
§
The unclaimed dead retained by the State department for scientific or educational purposes shall be …
§
The bodies of the unclaimed dead retained by the State department shall be used solely for the purpo…
§
All persons receiving unclaimed dead for educational purposes shall bear all reasonable expense incu…
§
It is unlawful for any person, unless specifically authorized by law, to hold a post mortem examinat…
§
Any person authorized by law to perform post mortem examinations shall permit, with the consent of r…
§
Whenever, through the failure of any person to notify the State department, or promptly to deliver t…
§
Every person who unlawfully disposes, uses, or sells the body of an unclaimed dead person, or who vi…
§
No person shall embalm the body of any person who has died from an unknown cause, except with the pe…
§
No embalmer shall embalm a dead human body when he has information reasonably indicating crime in co…
§
Every funeral director and embalmer shall immediately report to the local health officer every conta…
§
No embalmer shall embalm a dead human body when he has information reasonably indicating the death h…
§
No embalmer shall embalm a dead body without obtaining written or oral permission of a person who ha…
§
(a) Except as provided in subdivision (b), the bodies of persons who have died from any cause shall …
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No remains of any deceased person shall be removed from any cemetery, except upon written order of t…
§
A cemetery authority shall not remove or permit the removal of any interred remains, unless a permit…
§
In the disinterment, transportation and removal of human remains under Chapter 4 of this part a ceme…
§
The remains of a deceased person may be removed from a plot in a cemetery with the consent of the ce…
§
If the required consent can not be obtained, permission by the superior court of the county where th…
§
Notice of application to the court for such permission shall be given, at least ten days prior there…
§
This article does not apply to or prohibit the removal of any remains from one plot to another in th…
§
The governing body of any city having a population of more than fifteen hundred and not exceeding on…
§
The governing body of any city or city and county, having a population of more than one hundred thou…
§
The governing body of such city or city and county may in any ordinance ordering or directing the di…
§
The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance …
§
Any resolution or declaration of intention to disinter and remove human remains pursuant to this cha…
§
Notice of a declaration of intention to remove the human remains from all or any part of any cemeter…
§
The notice shall be entitled “Notice of Declaration of Intention to Remove Human Remains from ____ (…
§
Copies of the notice shall within ten days after the first publication be posted in at least three c…
§
A copy of the notice shall be mailed to every person who owns, holds, or has the right of interment …
§
The notice shall also be mailed to each known living heir at law of any person whose remains are int…
§
At any time before the date fixed for the removal of remains by the cemetery authority, any relative…
§
The notice to the cemetery authority shall specify: (a) The name of the person whose remains are to …
§
The notice may be delivered, or forwarded by registered mail, to the office or principal place of bu…
§
After receipt of such notice before the date fixed for the removal of the remains by the cemetery au…
§
Whenever a request of notice is given by a relative or friend, the cemetery authority shall not disi…
§
At any time prior to the removal by a cemetery authority of the remains of any person, any relative …
§
The person desiring to cause the removal shall, prior to removal, deliver to the cemetery authority …
§
Removal of all remains in a plot without the filing of an affidavit of consent may be caused by any …
§
If the right, title or interest of any grantee of any plot or of the right of interment therein has …
§
Whenever remains are removed by a relative or friend of a decedent, under the provisions of this cha…
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If such appurtenances remain on the plot for more than ninety days after the removal of the last hum…
§
After the completion of notice, and after the expiration of the period of ten months specified in th…
§
Whenever any remains are removed from any cemetery or portion of a cemetery pursuant to this chapter…
§
The remains of each person reinterred shall be placed in a separate and suitable receptacle and dece…
§
Whenever human remains have been ordered removed under this chapter, and the cemetery authority has …
§
No order of any court shall be required prior to the making of any such sale, mortgage, or other enc…
§
Petitions for confirmation of sales shall be made to the superior court of the county or city and co…
§
If prior to the adoption of an ordinance pursuant to this chapter any cemetery authority has in good…
§
After the removal of all human remains interred in any part or the whole of the cemetery lands, the …
§
With the approval of the governing body of the city or city and county in which the cemetery lands a…
§
After all remains have been removed from a cemetery in accordance with Chapters 3 and 4, Part 2, Div…
§
Money payable or to become payable as the purchase price or on account of the purchase price of unus…
§
Whenever any cemetery corporation or association has declared for removal and has published notice o…
§
From the money remaining in the treasury of the cemetery corporation or association after completing…
§
After making provisions for an endowment care fund to provide for maintenance and care, the governin…
§
Any balance remaining in the fund may be used for such other purposes as the cemetery corporation or…
§
Whenever any cemetery corporation or association having a governing body has caused the removal of r…
§
In lieu of itself investing, using or applying the funds for care or improvement, the cemetery corpo…
§
Before any such transfer of funds is made, the cemetery corporation or association shall obtain an o…
§
The order shall be obtained upon petition of the cemetery corporation or association, after such not…
§
Whenever any cemetery authority owning or controlling cemetery lands from which remains are to be re…
§
Plots, crypts, or niches may be sold to persons desiring to make reinterments.
§
The governing body of any cemetery corporation or association may receive and accept as part or full…
§
After the removal and reinterment of remains disinterred from any cemetery the cemetery authority sh…
§
The cemetery authority shall prepare a complete map or plat describing and showing the location and …
§
The map or plan shall be kept on file in the office of the cemetery authority and shall at all times…
§
When any law or ordinance requires that the remains interred in any cemetery be removed and reinterr…
§
The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery own…
§
If it appears to the board of supervisors of any county owning a county cemetery that: (a) It is nec…
§
Any resolution or declaration for abandonment adopted and made under the provisions of this article …
§
At any time before the date fixed for the removal of the remains by the county owning or controlling…
§
After the publication and mailing of the notice mentioned in Section 8001 of this code and after the…
§
Whenever the remains of any person shall be removed from any abandoned cemetery by the county owning…
§
After the removal of all human remains the property may be used, managed and controlled by the board…
§
This chapter shall be known, and may be cited as the California Native American Graves Protection an…
§
It is the intent of the Legislature to do all of the following: (a) Provide a seamless and consisten…
§
Terms used in this chapter have the same meaning as defined in the federal Native American Graves Pr…
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(a) On or before January 1, 2021, the commission shall develop a list of all California Indian tribe…
§
(a) A lineal descendent claiming a relationship with, and requesting return of, Native American huma…
§
(a) Upon receiving a written request for repatriation of an item on the inventory, the commission sh…
§
(a) An agency or museum receiving a repatriation request pursuant to Section 8014 shall repatriate h…
§
If there is a committee or group of California Indian tribes authorized by their respective tribal g…
§
An agency or museum that repatriates human remains and cultural items in good faith pursuant to this…
§
Nothing in this section shall be construed to prohibit the governing body of a California Indian tri…
§
Notwithstanding any other provision of law, and upon the request of any party or an intervenor, the …
§
The filing of an appeal by either party automatically stays an order of the commission or a designat…
§
For purposes of this article, “consultation” has the same meaning as defined in Section 65352.4 of t…
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(a) In order to better implement the federal Native American Graves Protection and Repatriation Act …
§
(a) (1) As a condition for using state funds to handle and maintain Native American human remains an…
§
The Regents of the University of California may delegate responsibilities pursuant to this article t…
§
The California State Auditor, in accordance with Chapter 6.5 (commencing with Section 8543) of Divis…
§
The provisions of this article are severable. If any provision of this article or its application is…
§
(a) In order to better implement the federal Native American Graves Protection and Repatriation Act …
§
(a) (1) In order to better implement the federal Native American Graves Protection and Repatriation …
§
To ensure that each California State University campus has the funding necessary to comply with this…
§
In alignment with the policy established pursuant to Section 8028.7 and consistent with the federal …
§
(a) Any agency or museum that fails to comply with the requirements of this chapter may be assessed …
§
The provisions of this chapter are severable. If any provision of this chapter or its application is…
§
The definitions set forth in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 shall …
§
Any person violating any provision of this chapter is liable, in a civil action by and in the name o…
§
The provisions of this chapter do not apply to the removal or unavoidable breakage or injury, by a c…
§
The person in charge of any premises on which interments or cremations are made shall keep a record …
§
The records shall at all times be open to official inspection.
§
Records required to be kept under Division 7 (commencing with Section 7000) or this division may be …
§
(a) This chapter shall apply to all cemeteries, including, but not limited to, public cemeteries, pr…
§
(a) Except as provided in subdivisions (b) and (c), there shall be no less than 18 inches of dirt or…
§
(a) This chapter shall not apply to mausoleums, crypts, vaults, or other burial structures designed …
§
Cemeteries shall be liable for the costs of reburial of any remains improperly interred in already o…
§
(a) Except with the express written permission of the person entitled to control the disposition of …
§
Notwithstanding any other provision of law, any cemetery that violates any of the requirements of th…
§
Notwithstanding any other provision of law, the statute of limitations for any individual’s criminal…
§
The governing body of any city or county, in the exercise of its police power, may by ordinance pres…
§
Hose bibs are approved for use at cemeteries supplied with disinfected tertiary treated recycled wat…
§
A cemetery supplied with disinfected tertiary treated recycled water that installs a hose bib in an …
§
(a) On or after January 1, 1990, the cemetery authority shall provide written notice to each person …
§
For purposes of this chapter, the following definitions shall apply: (a) “Veteran” means a living or…
§
(a) Except as provided in subdivision (b) and Section 8124, no person or entity shall sell, trade, o…
§
Nothing in this chapter shall be interpreted to prohibit a cemetery corporation or funeral establish…
§
Incorporated cities, and for unincorporated towns the supervisors of the county, may survey, lay out…
§
The City of Simi Valley may survey, lay out, dedicate, own, and operate for burial purposes, or may …
§
The title to lands situated in or near any city and used by the inhabitants without interruption as …
§
The inhabitants of any city may by subscription or otherwise purchase or receive by gift or donation…
§
The governing body having control of a public cemetery shall require a register of name, age, birthp…
§
The public cemeteries of cities, towns, or neighborhoods or of fraternal or beneficial associations …
§
The general management, conduct, and regulation of burials, the disposition of plots, and keeping th…
§
If not owned by a city or by a fraternal or beneficial association or society, public cemeteries are…
§
Public cemeteries of fraternal or beneficial associations or societies are under the jurisdiction of…
§
The authorities having jurisdiction and control of cemeteries may make and enforce general rules and…
§
No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery l…
§
Notwithstanding any other provision of law, the Department of Water Resources may sell plots in any …
§
Any city, including a chartered city, that owns and operates a cemetery may maintain a proceeding in…
§
A cemetery owned and operated by a city, county, or city and county shall not engage in the business…
§
Except as provided in subdivision (c) of this section, the provisions of this part do not apply to a…
§
As used in Section 8250 of this code, a public cemetery is a cemetery owned and operated by a city, …
§
The provisions of this part do not affect the corporate existence of any cemetery organized under an…
§
It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage…
§
The powers, privileges, duties and restrictions conferred and imposed upon any corporation, firm, co…
§
Any private corporation authorized by its articles so to do, may establish, maintain, manage, improv…
§
Charges made by a cemetery authority for foundations, for setting of or permitting the setting of, o…
§
Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery…
§
In addition to any right of rescission which the purchaser may have under law, a purchaser entering …
§
A cemetery authority shall comply with the Mausoleum and Columbarium Law (Part 5 (commencing with Se…
§
(a) A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and re…
§
(a) Nothing in Section 8301 shall be construed to permit a cemetery authority to discriminate agains…
§
The rules and regulations shall be plainly printed or typewritten and maintained subject to inspecti…
§
Persons designated by a cemetery authority have the powers of arrest as provided in Section 830.7 of…
§
A record shall be kept of every interment showing the date the human remains were received, the date…
§
A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the…
§
All cremated remains not disposed of in accordance with this chapter, within one year, shall be inte…
§
No crematory shall make or enforce any rules requiring that human remains be placed in a casket befo…
§
A crematory shall maintain on its premises, or other business location within the State of Californi…
§
A crematory shall maintain an identification system allowing identification of each decedent beginni…
§
(a) Except as provided in subdivision (b) or (c), a crematory regulated by the Cemetery and Funeral …
§
(a) A crematory that incinerates an American flag or flags pursuant to Section 8344.5 shall maintain…
§
If a cremated remains container is of insufficient capacity to accommodate all cremated remains of a…
§
A crematory shall not accept human remains for cremation unless the remains meet all of the followin…
§
Within two hours after a crematory licensed by the State of California takes custody of a body that …
§
Every crematory operator, or duly authorized representative shall provide to any person who inquires…
§
(a) The crematory licensee, or his or her authorized representative shall provide instruction to all…
§
Unless otherwise limited by the law under which created, cemetery authorities shall in the conduct o…
§
All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed or incurr…
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No director or officer of any cemetery authority shall directly or indirectly, for himself or as the…
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The office of any director or officer who acts or permits action contrary to this article immediatel…
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Every director or officer authorizing or consenting to a loan, and the person who receives a loan, i…
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All hydrolyzed human remains not disposed of in accordance with this chapter, within one year, shall…
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A hydrolysis facility shall not make or enforce any rules requiring that human remains be placed in …
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(a) A hydrolysis facility shall maintain on its premises, or other business location within the stat…
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(a) A hydrolysis facility shall maintain an identification system allowing identification of each de…
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Within two hours after a licensed hydrolysis facility takes custody of a body that has not been emba…
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(a) The hydrolysis facility licensee, or its authorized representatives, shall provide instruction t…
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This article shall become operative on July 1, 2020.
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All reduced human remains not disposed of in accordance with this chapter shall be disposed of pursu…
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A reduction facility shall not make or enforce rules requiring that human remains be placed in a cas…
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(a) A reduction facility shall maintain on its premises, or other business location within the state…
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(a) A reduction facility shall maintain an identification system allowing identification of each dec…
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Within two hours after a reduction facility takes custody of a body that has not been embalmed, it s…
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(a) The reduction facility licensee, or its authorized representatives, shall provide instruction to…
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This article shall become operative on January 1, 2027.
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Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausole…
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Any cemetery authority which is described in Section 23701c of the Revenue and Taxation Code or is a…
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A cemetery authority may execute a declaration acknowledged so as to entitle it to be recorded, desc…
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The declaration may be filed for record in the office of the recorder of the county in which the pro…
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Every cemetery authority, from time to time as its property may be required for interment purposes, …
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The cemetery authority shall file the map or plat in the office of the recorder of the county in whi…
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The declaration shall be in such form as the cemetery authority may prescribe, and shall be subscrib…
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Upon the filing of the map or plat and the filing of the declaration for record, the dedication is c…
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When reservation is made in the declaration of dedication, any part or subdivision of the property s…
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The filed map or plat and the recorded declaration are constructive notice to all persons of the ded…
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The county recorder of the county in which a map or plat is filed shall index the map or plat in the…
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The county recorder of the county in which a declaration of dedication is filed shall record it in t…
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After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication, n…
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Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws agains…
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After dedication pursuant to this chapter, and as long as the property remains dedicated to cemetery…
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No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery l…
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All property dedicated pursuant to this chapter, including roads, alleys, and walks, is exempt from …
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After filing the map or plat and recording the declaration of dedication, a cemetery authority may s…
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(a) All plots, the use of which has been conveyed by deed or certificate of ownership as a separate …
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All conveyances made by a cemetery authority shall be signed by the president or the vice president,…
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Any cemetery authority or its agents who sell, offer for sale, contract to sell, or negotiate the sa…
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For a violation of any provision of Section 8573, the bureau may temporarily suspend or permanently …
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Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, un…
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The notice of hearing provided in section 8580 shall be given by publication once a week for at leas…
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(a) Whenever ownership of any cemetery authority is proposed to be transferred, the cemetery authori…
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All plots conveyed to individuals are presumed to be the sole and separate property of the owner nam…
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The spouse of an owner of any plot containing more than one interment space has a vested right of in…
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No conveyance or other action of the owner without the written consent or joinder of the spouse of t…
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If no interment is made in an interment plot which has been transferred by deed or certificate of ow…
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Cemetery property passing to an individual by reason of the death of the owner is exempt from all in…
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An affidavit by a person having knowledge of the facts setting forth the fact of the death of the ow…
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In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of inte…
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Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in t…
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Cemetery property held in joint tenancy is exempt from the provisions of the Probate Code relating t…
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An affidavit by any person having knowledge of the facts setting forth the fact of the death of one …
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When there are several owners of a plot, or of rights of interment in it, they may designate one or …
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(a) Whenever an interment of the remains of a member or of a relative of a member of the family of t…
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An affidavit executed by a person who is the owner of the plot by virtue of the laws of intestate su…
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In a family plot one grave, niche or crypt may be used for the owner’s interment; one for the owner’…
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If no parent or child survives, the right of interment goes in the order of death first, to the spou…
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Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive …
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A vested right of interment may be waived and is terminated upon the interment elsewhere of the rema…
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No vested right of interment gives to any person the right to have his remains interred in any inter…
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A cemetery authority may take and hold any plot conveyed or devised to it by the plot owner so that …
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In addition to those cemeteries to which this part does not apply, this article does not apply to ab…
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Whenever a majority of the plots in all or any part of a cemetery established prior to August 14, 19…
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Application for the alteration or vacation or replatting of all or any portion of an alley, street, …
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The application may be by the cemetery authority owning or operating the cemetery or if there is no …
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The petition shall be verified and shall specify the facts of such ownership and shall state the rea…
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There shall be presented with the petition a plat of the cemetery and the proposed replat which shal…
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The petition shall be filed with the clerk of the superior court, and the clerk shall fix the time f…
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Notice of the hearing shall be given by publishing a copy of the notice in a newspaper of general ci…
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Copies of the notice shall be posted in three conspicuous places within the cemetery.
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The notice shall: (a) Be addressed to all persons owning or interested in plots in the cemetery but …
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At the time fixed for the hearing, the court shall hear and consider any evidence introduced in favo…
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The cemetery authority or other person directed by the court shall accept the newly created plots an…
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The vacation of an alley, avenue, roadway, walk, driveway, street, or park adjacent to a privately o…
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In allowing any damages to any plot owner for such vacation, the court shall take into consideration…
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The provisions of this article are hereby declared to be a necessary exercise of the police power of…
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A cemetery authority that maintains a cemetery may place its cemetery under endowment care and estab…
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(a) The principal of all funds for endowment care shall be invested and the income only may be used …
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(a) If a cemetery authority establishes an endowment care fund, the fund shall be subject to a net i…
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(a) On or after January 1, 2021, a cemetery authority, its board of trustees, or its corporate trust…
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(a) Notwithstanding any other law, the principal of the trust fund of a cemetery and all income from…
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The cemetery authority may from time to time adopt plans for the general care, maintenance, and embe…
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Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowmen…
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Upon the application of an owner of any plot, and upon the payment by him of the amount fixed as a r…
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(a) The cemetery authority may appoint a board of trustees of not less than three in number as trust…
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Not more than one member of the board of trustees of an endowment care fund may have a proprietary i…
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Each individual trustee of an endowment care fund shall be a resident of this State, and a corporate…
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No sum in excess of 5 percent of the net income derived from an endowment care fund, or special care…
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In lieu of the appointment of a board of trustees of its endowment care fund, any cemetery authority…
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(a) Except as provided in subdivisions (b), (c), and (d), the board of trustees or corporate trustee…
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A cemetery authority which has established an endowment care fund may take, receive, and hold as a p…
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The endowment care fund and all payments or contributions to it are hereby expressly permitted as an…
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No payment, gift, grant, bequest, or other contribution for general endowment care is invalid by rea…
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(a) For purposes of this section, “net price” means the retail price less any discounts the cemetery…
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In addition to the requirements of Section 8738 any endowment care cemetery hereafter established sh…
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The endowment care fund under the provisions of this code shall be kept separate and apart from all …
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A nonendowment care cemetery is one that does not have deposited in an endowment care fund the minim…
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Any cemetery established, on or after September 7, 1955, or excluded from the exemption provided in …
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A cemetery which otherwise complies with Section 8738 may be designated an endowment care cemetery e…
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Each endowment care cemetery shall post in a conspicuous place at or near the entrance of the cemete…
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Each nonendowment care cemetery or the Cemetery and Funeral Bureau shall post in a conspicuous place…
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There shall be printed at the head of all contracts, agreements, statements, receipts, literature an…
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All the information appearing on the signs and report filed in the cemetery office shall be revised …
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Any person, partnership, corporation, association, or his, her, or its agents or representatives, wh…
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Each cemetery shall at all times maintain and keep within the State of California all books, account…
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Where an endowment care mausoleum or mausoleum-columbarium is operated within an endowment care ceme…
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Endowment care funds shall not be used for any purpose other than to provide through income only for…
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The funds shall be invested and reinvested, and kept invested in: (a) Bonds of the United States or …
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In addition to the requirements of Section 8751, the funds may be invested and reinvested and kept i…
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A cemetery authority which has established an endowment care fund may also take and hold any propert…
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The sums paid in or contributed to the fund authorized by this article are hereby expressly permitte…
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All money or property received by a cemetery authority for deposit in a special care fund shall be p…
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The following shall be eligible investments for all special care trusts: (a) Bonds of the United Sta…
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Each special care trust fund established pursuant to this article shall be administered in complianc…
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Nothing in this article shall require liquidation or transmutation of any lawful investment existing…
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Each special care fund established pursuant to this article shall be held in trust and managed by ei…
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No person, partnership, corporation, association, or his, her, or its agents or representatives, sha…
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It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery brok…
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Any person, partnership, or corporation administering, managing, or having responsibility for endowm…
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A city or county having a nonendowment care cemetery within its boundaries which threatens or endang…
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The resolution for abandonment adopted under the provisions of this chapter shall specify and declar…
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After the publication mentioned in Section 8826 of this code and after the expiration of the 60 days…
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After the work which the governing body, in its discretion, finds necessary and practicable has been…
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Thereafter the city or county shall maintain said pioneer memorial park so that it will not endanger…
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This part shall be known and may be cited as the Public Cemetery District Law.
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(a) The Legislature finds and declares all of the following: (1) There is a continuing need to provi…
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The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this pa…
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(a) This part provides the authority for the organization and powers of public cemetery districts. T…
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This part is necessary to protect the public health, safety, and welfare, and shall be liberally con…
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If any provision of this part or the application of any provision of this part in any circumstance o…
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(a) Any action brought to determine the validity of the organization or of any action of a district …
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(a) Except as provided in this section, territory, whether incorporated or unincorporated, whether c…
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A new district may be formed pursuant to this chapter.
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(a) A proposal to form a new district may be made by petition. The petition shall do all of the thin…
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(a) Before circulating any petition, the proponents shall publish a notice of intention which shall …
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(a) A proposal to form a new district may also be made by the adoption of a resolution of applicatio…
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(a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolutio…
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A legislative body of at least three members known as the board of trustees shall govern every distr…
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Within 30 days after the effective date of the formation of a district, a board of trustees shall be…
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(a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a…
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(a) The initial board of trustees of a district formed on or after January 1, 2004, shall be determi…
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(a) Except as provided in subdivision (b) of this section, subdivision (c) of Section 9023, and subd…
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(a) A board of trustees may adopt a resolution requesting the board of supervisors of the principal …
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(a) The board of supervisors of the principal county may appoint itself to be the board of trustees …
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(a) A local agency formation commission, in approving either a consolidation of districts or the reo…
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(a) At the first meeting of the initial board of trustees of a newly formed district, and in the cas…
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A board of trustees shall meet at least once every three months. Meetings of the board of trustees a…
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(a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (…
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(a) The board of trustees may provide, by ordinance or resolution, that each of its members may rece…
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(a) A district may own, operate, improve, and maintain cemeteries and provide interment services wit…
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A district shall have and may exercise all rights and powers, expressed or implied, necessary to car…
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(a) When acquiring, improving, or using any real property, a district shall comply with Article 5 (c…
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(a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of…
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(a) Each district shall adopt policies and procedures, including bidding regulations, governing the …
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(a) The Myers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 o…
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A board of trustees may require any employee or officer to be bonded. The district shall pay the cos…
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A board of trustees may provide for any programs for the benefit of its employees and members of the…
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A district may authorize the members of its board of trustees and its employees to attend profession…
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A district may sell interment rights in its cemeteries, columbariums, and mausoleums, subject to the…
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(a) A district may acquire, construct, improve, maintain, or repair a columbarium for the placement …
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(a) A district may acquire, maintain, or repair a mausoleum for crypt entombment that was completed …
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(a) A district may require that monuments or markers shall be placed at interment plots. (b) A distr…
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A district may sell accessory and replacement objects that are necessary or convenient to interments…
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(a) A district may use or lease land acquired for a future cemetery for an enterprise if all of the …
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(a) A district may convey a cemetery owned by the district to any cemetery authority, pursuant to th…
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(a) A district may dedicate real property or an interest in real property owned by the district to a…
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(a) A district shall limit interment in a cemetery owned by the district to interment in the ground,…
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(a) A district may inter a person who is not a resident of the district or a person who does not pay…
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Notwithstanding Section 9060, the board of trustees may contract with any county in which the distri…
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Notwithstanding Section 9060, the Oroville Cemetery District may use its cemetery on Feather River B…
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Notwithstanding Sections 9060 and 9061, the Happy Homestead Cemetery District located in the City of…
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Notwithstanding Section 9060, the Elsinore Valley Cemetery District may use the portion of its cemet…
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Notwithstanding Section 9060, the Davis Cemetery District may use its cemetery at 820 Pole Line Road…
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Notwithstanding Sections 9060 and 9061, the Cottonwood Cemetery District in Shasta County, the Ander…
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(a) The board of trustees shall cause to be prepared and maintained accurate and current records of:…
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(a) The board of trustees shall create an endowment care fund. (b) The board of trustees shall requi…
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The board of trustees shall cause the principal of the endowment care fund to be invested and reinve…
§
The board of trustees may cause the funds deposited in the endowment income fund pursuant to subdivi…
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(a) The board of trustees shall adopt a schedule of fees for interments in cemeteries owned by the d…
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(a) A district may seek the abandonment of an interment plot in a cemetery owned by the district pur…
§
An interment right does not include the right for disinterment of human remains except on consent of…
§
(a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in …
§
(a) An interment right provides a transferable property interest to the person listed as the owner i…
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(a) If the owner of an interment right dies without making a valid and enforceable disposition of th…
§
When a public cemetery district acts to transfer ownership rights or make an interment on the basis …
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A person who purports to be the successor owner of an interment right shall execute a written affida…
§
Upon the sale to a person of a plot in a cemetery within a district, the district shall notify the p…
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(a) On or before August 30 of each year, the board of trustees shall adopt a final budget, which sha…
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(a) In its annual budget, the board of trustees may establish one or more restricted reserves. When …
§
(a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing it…
§
The auditor of each county in which a district is located shall allocate to the district its share o…
§
(a) A district may accept any grants, goods, money, property, revenue, or services from any federal,…
§
All claims for money or damages against a district are governed by Part 3 (commencing with Section 9…
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(a) All claims against a district shall be audited, allowed, and paid by the board of trustees by wa…
§
(a) Notwithstanding Section 9076, a district that has total annual revenues greater than five hundre…
§
A district may, by resolution, establish a revolving fund pursuant to Article 15 (commencing with Se…
§
(a) The board of trustees shall provide for regular audits of the district’s accounts and records an…
§
Whenever a board of trustees determines that the amount of revenues available to the district or any…
§
A district may levy special taxes pursuant to either of the following: (a) Article 3.5 (commencing w…
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(a) Whenever a board of trustees determines that it is necessary to incur a general obligation bond …
§
(a) In addition to the other fees authorized by this part, a board of trustees may charge a fee to c…
§
(a) Whenever a board of trustees determines that it is in the public interest to provide different s…
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(a) At the hearing, the board of trustees shall hear and consider any protests to the formation of a…
§
(a) A board of trustees may change the boundaries of a zone or dissolve a zone by following the proc…
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(a) As determined by the board of trustees and pursuant to the requirements of this part, a zone may…
§
This part shall be known and may be cited as the Mausoleum and Columbarium Law.
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The purpose of this part is to insure the durability and permanence of mausoleums and columbariums b…
§
Unless the provision or the context otherwise requires, the definitions and general provisions set f…
§
“Mausoleum” includes any building or structure, used or intended to be used, for the interment of hu…
§
“Private mausoleum or columbarium” shall be a freestanding structure which: (a) Is constructed for u…
§
“Companion crypts” or “nest of crypts” means two or more crypts entered through a single crypt openi…
§
“Columbarium” includes any building or structure, used or intended to be used, for the interment of …
§
“Uniform Building Code” means the 1991 Edition of the Uniform Building Code, with 1992 amendments, a…
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“The Uniform Plumbing Code” means the 1991 Edition of the Plumbing Code, with 1992 amendments, adopt…
§
“National Electrical Code” means the 1990 Edition of the National Electrical Code, with 1992 amendme…
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“Incombustible Material” means and includes any material having an ignition temperature higher than …
§
“Type I Construction” includes the type of construction designated and specified as Type I Building …
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The provisions of this part shall not apply to any structure or building used or intended to be used…
§
(a) The provisions of this part shall apply to any cemetery that acquires, constructs, improves, mai…
§
The building department of every city or city and county shall enforce the provisions of this part w…
§
The department, officer or officers of a county who are charged with the enforcement of laws or ordi…
§
Any city or county may, by ordinance, designate any department or officer to enforce any portion of …
§
In any city where there is no department or officer charged with or designated for the enforcement o…
§
It is unlawful for any person to construct, or cause or permit to be constructed upon any property b…
§
A person desiring a permit shall file a written application with the department or official charged …
§
The application shall be accompanied by: (a) Two full, true and complete sets of plans showing in de…
§
The department shall cause all plans, specifications, and statements to be examined, and, if they co…
§
The department may, from time to time, approve changes in any plans, specifications, or statements, …
§
The issuance or granting of a permit or approval is not a permit or approval of a violation of any p…
§
A true copy of the plans, specifications, and other information submitted or filed upon which a perm…
§
In the case of any refusal, or neglect of the person to whom a permit or approval has been issued to…
§
Every permit or approval under which no work is done within one year from the date of issuance expir…
§
When the work is completed in accordance with plans, specifications, and statements previously made …
§
The department shall inspect or cause the work to be inspected, and shall issue a certificate of occ…
§
When it is found that the building or structure is structurally complete, upon request, a temporary …
§
No mausoleum or columbarium shall be constructed and no existing building or structure shall be alte…
§
The Cemetery and Funeral Bureau may, in addition to the construction methods and standards allowed i…
§
Private mausoleums or columbariums may be constructed in conformance with the methods and standards …
§
All mausoleums or columbariums shall be of Type I Construction as specified in the Uniform Building …
§
Plumbing in all mausoleums or columbariums shall conform to the provisions of the Uniform Plumbing C…
§
Electrical work in all mausoleums or columbariums shall conform to the provisions of the National El…
§
Every mausoleum or columbarium shall be designed and constructed to conform to the earthquake provis…
§
Except as otherwise provided in this chapter, all materials used in the construction, ornamentation,…
§
All structural framework shall be of cast-in-place reinforced concrete, or of structural steel secti…
§
All floors shall be designed and constructed for a live load of not less than 100 pounds per square …
§
Footings shall be designed and constructed to conform to the requirements of the Uniform Building Co…
§
Floor slabs placed on earth shall be constructed of reinforced concrete designed by a licensed struc…
§
Where any wall is constructed against a bank of earth, rock, or other porous material, or where cryp…
§
Except as provided in Section 9633, all crypt walls and crypt floor slabs shall be constructed of ca…
§
Horizontal and vertical partitions separating crypts comprising companion crypts or a nest of crypts…
§
Each crypt, including each crypt in a companion crypt or in a nest of crypts referred to in Section …
§
(a) All individual crypt openings shall be sealed with a solid panel of precast concrete, not less t…
§
All marble floors shall be constructed on a bed of mortar or mastic placed on the floor subslab, wit…
§
All interior or exterior veneers shall be of stone, cast stone, granite, travertine, or marble, or o…
§
Material for exterior trim, including exterior crypt and niche fronts, shall be travertine, serpenti…
§
Joints shall be of uniform thickness and when mortar is used it shall be raked out as work progresse…
§
Grout used for joints and pointing shall conform with the requirements of the Uniform Building Code.
§
Masonry veneer shall be attached to the supporting wall in accordance with the requirements of the U…
§
All base, architraves, wainscoting and all other vertical work other than crypt fronts shall be secu…
§
All interior and exterior fastenings for hangers, clips, doors, and other objects shall be of copper…
§
All exterior materials used for doors, window frames, skylights, gutters, downspouts, flashings or e…
§
In the event that during a national emergency, as proclaimed by the Governor for purposes of this se…
§
Roofs shall be constructed of cast-in-place reinforced concrete, and any roof covering shall be “Fir…
§
All skylight frames shall be fabricated in conformance with structural requirements, and shall conta…
§
Every person who violates any provision of this part is guilty of a misdemeanor, punishable by fine …
§
Every owner or operator of a mausoleum or columbarium erected in violation of this part is guilty of…
§
The penalties of this chapter shall not apply as to any building which, at the time of issuance of a…
§
The owner of property may dedicate the property to pet cemetery purposes by a notarized dedication r…
§
All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed, or incur…
§
If a dedication is made pursuant to Section 9700, the pet cemetery owners shall charge an endowment …
§
(a) A pet cemetery owner may dispose of the remains of any pet which has been left for more than sev…
§
This division shall be known as the “California Uniform Controlled Substances Act.”
§
Unless the context otherwise requires, the definitions in this chapter govern the construction of th…
§
“Administer” means the direct application of a controlled substance, whether by injection, inhalatio…
§
“Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, dist…
§
“Attorney General” means the Attorney General of the State of California.
§
“Board of Pharmacy” means the California State Board of Pharmacy.
§
(a) Before January 1, 2026, “concentrated cannabis” means the separated resin, whether crude or puri…
§
“Controlled substance,” unless otherwise specified, means a drug, substance, or immediate precursor …
§
“Customs broker” means a person in this state who is authorized to act as a broker for any of the fo…
§
“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to ano…
§
“Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pur…
§
“Dispenser” means a practitioner who dispenses.
§
“Distribute” means to deliver other than by administering or dispensing a controlled substance.
§
“Distributor” means a person who distributes. The term distributor also includes warehousemen handli…
§
“Drug” means (a) substances recognized as drugs in the official United States Pharmacopoeia, officia…
§
(a) “Drug paraphernalia” means all equipment, products, and materials of any kind that are designed …
§
“Federal bureau” means the Drug Enforcement Administration of the United States Department of Justic…
§
“Furnish” has the same meaning as provided in Section 4048.5 of the Business and Professions Code.
§
“Manufacturer” has the same meaning as provided in Section 4034 of the Business and Professions Code…
§
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruder…
§
(a) “Cannabis products” means a product containing cannabis or cannabis concentrate and includes, bu…
§
“Cannabis accessories” means any equipment, products or materials of any kind which are used, intend…
§
(a) (1) “Industrial hemp” or “hemp” means types of the plant Cannabis sativa Linnaeus or any part of…
§
“Narcotic drug” means any of the following, whether produced directly or indirectly by extraction fr…
§
“Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar t…
§
“Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.
§
“Person” means individual, corporation, government or governmental subdivision or agency, business t…
§
“Pharmacy” has the same meaning as provided in Section 4035 of the Business and Professions Code.
§
“Physician,” “dentist,” “podiatrist,” “pharmacist,” “veterinarian,” and “optometrist” means persons …
§
“Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
§
“Practitioner” means any of the following: (a) A physician, dentist, veterinarian, podiatrist, or ph…
§
(a) “Prescription” means an oral order or electronic transmission prescription for a controlled subs…
§
“Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled…
§
“Security printer” means a person approved to produce controlled substance prescription forms pursua…
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“Ultimate user” means a person who lawfully possesses a controlled substance for his own use or for …
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“Wholesaler” has the same meaning as provided in Section 4038 of the Business and Professions Code.
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If reference is made to the term “narcotics” in any law not in this division, unless otherwise expre…
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As used in this division, except as otherwise defined, the term “isomer” includes optical and geomet…
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The controlled substances listed or to be listed in the schedules in this chapter are included by wh…
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(a) The controlled substances listed in this section are included in Schedule I. (b) Opiates. Unless…
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(a) The controlled substances listed in this section are included in Schedule II. (b) Any of the fol…
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(a) The controlled substances listed in this section are included in Schedule III. (b) Stimulants. U…
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(a) The controlled substances listed in this section are included in Schedule IV. (b) Schedule IV sh…
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(a) The controlled substances listed in this section are included in Schedule V. (b) Schedule V shal…
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(a) Specific compounds, mixtures, or preparations that contain a nonnarcotic controlled substance in…
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(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells, tran…
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(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that obtains fro…
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(a) In addition to any fine or imprisonment imposed under subdivision (f) of Section 11100 or subdiv…
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The State Department of Justice shall provide a common reporting form for the substances in Section …
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The Department of Justice may adopt all regulations necessary to carry out the provisions of this pa…
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The theft or loss of any substance regulated pursuant to Section 11100 discovered by any permittee o…
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(a) Any manufacturer, wholesaler, retailer, or other person or entity that sells, transfers, or othe…
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Any person who knowingly or intentionally possesses any laboratory glassware or apparatus, any chemi…
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(a) It is unlawful for any person to knowingly make a false statement in connection with any report …
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(a) (1) (A) Any manufacturer, wholesaler, retailer, or any other person or entity in this state that…
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(a) The Department of Justice, or an administrative law judge sitting alone as provided in subdivisi…
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(a) The Department of Justice may establish, by regulation, a system for the issuance to a permittee…
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(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to an…
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(a) Any manufacturer, wholesaler, retailer, or other person or entity in this state that sells to an…
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(a) Except as otherwise provided in subdivision (b), it is unlawful for a manufacturer, wholesaler, …
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(a) It shall be an infraction, punishable by a fine not exceeding two hundred fifty dollars ($250), …
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A person, corporation, or retail distributor that sells or makes available products containing dextr…
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No person other than a physician, dentist, podiatrist, or veterinarian, or naturopathic doctor actin…
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(a) Notwithstanding any other law, if cannabinoids are excluded from Schedule I of the federal Contr…
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(a) Notwithstanding any other law, if a substance listed in Schedule I of Section 11054 is excluded …
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Notwithstanding Section 11150.5 or subdivision (a) of Section 11054, methaqualone, its salts, isomer…
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A prescription written by an unlicensed person lawfully practicing medicine pursuant to Section 2065…
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No person shall write, issue, fill, compound, or dispense a prescription that does not conform to th…
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(a) A prescription for a controlled substance shall only be issued for a legitimate medical purpose …
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(a) No wholesaler or manufacturer, or agent or employee of a wholesaler or manufacturer, shall furni…
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(a) Except in the regular practice of his or her profession, no person shall knowingly prescribe, ad…
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Any physician, who by court order or order of any state or governmental agency, or who voluntarily s…
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(a) Except as provided in Section 2241 of the Business and Professions Code, no person shall prescri…
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No person shall issue a prescription that is false or fictitious in any respect.
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(a) Except as provided in Section 11159 or in subdivision (b) of this section, no controlled substan…
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(a) Except when a patient is being treated as set forth in Sections 11159, 11159.2, and 11167.5, and…
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An order for controlled substances for use by a patient in a county or licensed hospital shall be ex…
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An order for controlled substances furnished to a patient in a clinic which has a permit issued purs…
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(a) Notwithstanding any other provision of law, a prescription for a controlled substance for use by…
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(a) Notwithstanding any other law, during a declared local, state, or federal emergency, if the Cali…
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(a) When a practitioner is named in a warrant of arrest or is charged in an accusatory pleading with…
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(a) Prescription forms for controlled substance prescriptions shall be obtained from security printe…
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(a) When a prescriber’s authority to prescribe controlled substances is restricted by civil, crimina…
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(a) The prescription forms for controlled substances shall be printed with the following features: (…
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(a) Notwithstanding any other law, the uniquely serialized number described in paragraph (15) of sub…
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(a) Every person who counterfeits a prescription blank purporting to be an official prescription bla…
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(a) Every person who counterfeits a controlled substance prescription form shall be guilty of a misd…
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Except as provided in Section 11167, no person shall prescribe a controlled substance, nor shall any…
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(a) (1) Notwithstanding any other law, a prescription for a controlled substance issued by a prescri…
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(a) Notwithstanding Section 11164, if only recorded and stored electronically, on magnetic media, or…
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(a) To assist health care practitioners in their efforts to ensure appropriate prescribing, ordering…
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(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, furnish, or d…
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(a) The Department of Justice may conduct audits of the CURES Prescription Drug Monitoring Program s…
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The theft or loss of prescription forms shall be reported immediately by the security printer or aff…
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(a) (1) (A) (i) A health care practitioner authorized to prescribe, order, administer, or furnish a …
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(a) The Department of Justice may seek voluntarily contributed private funds from insurers, health c…
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A prescriber shall be allowed to access the CURES database for a list of patients for whom that pres…
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No person shall fill a prescription for a controlled substance after six months has elapsed from the…
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Notwithstanding subdivision (a) of Section 11164, in an emergency where failure to issue a prescript…
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(a) An order for a controlled substance classified in Schedule II for a patient of a licensed skille…
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No person shall prescribe, administer, or furnish a controlled substance for himself.
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No person shall prescribe, administer, or furnish a controlled substance except under the conditions…
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No person shall antedate or postdate a prescription.
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(a) No person shall obtain or attempt to obtain controlled substances, or procure or attempt to proc…
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No person shall, in connection with the prescribing, furnishing, administering, or dispensing of a c…
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No person shall obtain or possess a prescription that does not comply with this division, nor shall …
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A person who fills a prescription shall keep it on file for at least three years from the date of fi…
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No person shall obtain or possess a controlled substance obtained by a prescription that does not co…
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(a) Every practitioner, other than a pharmacist, who prescribes or administers a controlled substanc…
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The record shall be preserved for three years. Every person who violates any provision of this secti…
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In a prosecution for a violation of Section 11190, proof that a defendant received or has had in his…
§
Whenever the pharmacist’s copy of a controlled substance prescription is removed by a peace officer,…
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(a) No person shall dispense or refill a controlled substance prescription more than six months afte…
§
A prescription for a controlled substance, except those appearing in schedule II, may be refilled wi…
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The owner of a pharmacy or any person who purchases a controlled substance upon federal order forms …
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Filed prescriptions shall constitute a transaction record that, together with information that is re…
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(a) No person other than a pharmacist as defined in Section 4036 of the Business and Professions Cod…
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In a prosecution under this division, proof that a defendant received or has had in his possession a…
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(a) No person shall deliver Schedule II, III, or IV controlled substances to a pharmacy or pharmacy …
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A physician, surgeon, dentist, veterinarian, naturopathic doctor acting pursuant to Section 3640.7 o…
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In order to provide a supply of controlled substances as may be necessary to handle emergency cases,…
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Persons who, under applicable federal laws or regulations, are lawfully entitled to use controlled s…
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(a) Persons who, under applicable federal laws or regulations, are lawfully entitled to use Schedule…
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(a) Except as provided in subdivision (b), any narcotic controlled substance employed in treating a …
§
Except as provided in Section 11223, no person shall treat a person with substance use disorder for …
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Notwithstanding the provisions of Section 11217, a licensed physician and surgeon may treat a person…
§
A physician treating a person with substance use disorder for addiction may not prescribe for or fur…
§
After 15 days of treatment, the physician may not prescribe for or furnish to the person with substa…
§
At the end of 30 days from the first treatment, the prescribing or furnishing of controlled substanc…
§
In any case in which a person is taken into custody by arrest or other process of law and is lodged …
§
Notwithstanding any other provision of law, a physician and surgeon who is registered with the feder…
§
No veterinarian shall prescribe, administer, or furnish a controlled substance for himself or any ot…
§
A prescription written by a veterinarian shall state the kind of animal for which ordered and the na…
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(a) No prescription is required in case of the sale of controlled substances at retail in pharmacies…
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No prescription is required in case of sales at wholesale by pharmacies, jobbers, wholesalers, and m…
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All wholesale jobbers, wholesalers, and manufacturers, mentioned in this division shall keep, in a m…
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The written orders or blank forms shall be preserved for at least three years after the date of the …
§
The taking of any order, or making of any contract or agreement, by any traveling representative or …
§
Within 24 hours after any purchaser in this state gives any order for a controlled substance classif…
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For the purposes of this article, the following terms shall have the following meanings: (a) “Contro…
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Notwithstanding any other law, it is not a violation of this division for a controlled substance che…
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Notwithstanding Section 11306, in operating a controlled substance checking service, personally iden…
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(a) A program, employee, contractor, volunteer, owner, or other person acting in the good faith prov…
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(a) An individual possessing a controlled substance or a controlled substance analog who is engaged …
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Utilizing a controlled substance checking service shall not serve as the basis for, or a fact contri…
§
(a) A government agency, controlled substances checking service provider, or agent thereof, shall no…
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(a) Except as otherwise provided in this division, every person who possesses (1) any controlled sub…
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(a) Except as otherwise provided in this division, every person who possesses a controlled substance…
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Except as otherwise provided in this division, every person who possesses for sale or purchases for …
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Except as otherwise provided in this division, every person who possesses for sale or purchases for …
§
(a) Except as otherwise provided in this division, every person who transports, imports into this st…
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(a) The Legislature hereby declares that the dispensing and furnishing of prescription drugs, contro…
§
The court shall impose a fine not exceeding fifty thousand dollars ($50,000), in the absence of a fi…
§
Every person 18 years of age or over, (a) who in any voluntary manner solicits, induces, encourages,…
§
(a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted …
§
(a) Any person 18 years of age or older who is convicted for a second or subsequent time of violatin…
§
Except as authorized by law, any person 18 years of age or older who unlawfully prepares for sale up…
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(a) This section shall be known, and may be cited, as the Juvenile Drug Trafficking and Schoolyard A…
§
Except as authorized by law, and except as provided otherwise in Sections 11353.1, 11353.6, and 1138…
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(a) Every person under the age of 18 years who in any voluntary manner solicits, induces, encourages…
§
Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, a…
§
As used in this article “felony offense,” and “offense punishable as a felony” refer to an offense p…
§
(a) Any person convicted of a violation of Section 11351, 11352, 11379.5, or 11379.6 insofar as the …
§
(a) The court shall refer a defendant subject to paragraph (4) of subdivision (a) of Section 11373 o…
§
(a) Except as authorized by law, possession of not more than 28.5 grams of cannabis, or not more tha…
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(a) Every person who sells, dispenses, distributes, advertises through labeling or marketing, furnis…
§
Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part there…
§
Every person who possesses for sale any cannabis, except as otherwise provided by law, shall be puni…
§
(a) Except as otherwise provided by this section or as authorized by law, every person who transport…
§
(a) A person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting,…
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(a) The drug education and counseling requirements under Sections 11357, 11358, 11359, and 11360 sha…
§
(a) Records of any court of this state, any public or private agency that provides services upon ref…
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(a) Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more…
§
(a) A person currently serving a sentence for a conviction, whether by trial or by open or negotiate…
§
(a) On or before July 1, 2019, the Department of Justice shall review the records in the state summa…
§
As used in this article “felony offense,” and offense “punishable as a felony” refer to an offense p…
§
(a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provi…
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(a) Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is su…
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(a) Section 11362.1 does not permit any person to: (1) Smoke or ingest cannabis or cannabis products…
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(a) A person who engages in the conduct described in paragraph (1) of subdivision (a) of Section 113…
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(a) This section shall be known and may be cited as the Compassionate Use Act of 1996. (b) (1) The p…
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For purposes of this article, the following definitions shall apply: (a) “Attending physician” means…
§
A professional licensing board shall not impose a civil penalty or take other disciplinary action ag…
§
(a) (1) It is the intent of the Legislature that the state commission objective scientific research …
§
Section 11362.1 does not amend, repeal, affect, restrict, or preempt: (a) Laws making it unlawful to…
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(a) (1) The department shall establish and maintain a voluntary program for the issuance of identifi…
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(a) Within 30 days of receipt of an application for an identification card, a county health departme…
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(a) The county health department or the county’s designee may deny an application only for any of th…
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(a) A person who possesses an identification card shall: (1) Within seven days, notify the county he…
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(a) A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis…
§
A state or local law enforcement agency or officer shall not refuse to accept an identification card…
§
This article does not authorize a qualified patient or person with an identification card to engage …
§
(a) A person specified in subdivision (b) shall be subject to the following penalties: (1) For the f…
§
If any section, subdivision, sentence, clause, phrase, or portion of this article is for any reason …
§
Nothing in this article shall prevent a city or other local governing body from adopting and enforci…
§
The status and conduct of a qualified patient who acts in accordance with the Compassionate Use Act …
§
Upon a determination by the California Attorney General that the federal schedule of controlled subs…
§
(a) Commencing on January 1, 2018, a qualified patient must possess a physician’s recommendation tha…
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(a) Information identifying the names, addresses, or social security numbers of patients, their medi…
§
(a) A person who seeks an identification card shall pay the fee, as provided in Section 11362.755, a…
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(a) An identification card issued by the county health department shall be serially numbered and sha…
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(a) An identification card shall be valid for a period of one year. (b) Upon annual renewal of an id…
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(a) Each county health department or the county’s designee may charge a fee for all costs incurred b…
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(a) Subject to the requirements of this article, the individuals specified in subdivision (b) shall …
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(a) This section shall apply to individuals specified in subdivision (b) of Section 11362.765. (b) N…
§
Indoor and outdoor medical cannabis cultivation shall be conducted in accordance with state and loca…
§
(a) Nothing in this article shall require any accommodation of medicinal use of cannabis on the prop…
§
(a) (1) Any criminal defendant who is eligible to use cannabis pursuant to Section 11362.5 may reque…
§
Every person who plants, cultivates, harvests, dries, or processes any plant of the genus Lophophora…
§
(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia…
§
(a) Except as authorized by law, a person shall not maintain or operate a place of business in which…
§
(a) (1) Except as authorized by law, a person who delivers, furnishes, or transfers, possesses with …
§
(a) It is unlawful to visit or to be in any room or place where any controlled substances which are …
§
Every person who opens or maintains any place for the purpose of unlawfully selling, giving away, or…
§
(a) Any person who has under his or her management or control any building, room, space, or enclosur…
§
Any person who utilizes a building, room, space, or enclosure specifically designed to suppress law …
§
(a) This section shall apply to the following: (1) Any chemical or drug. (2) Any laboratory apparatu…
§
(a) Every person who possesses, uses, or controls a false compartment with the intent to store, conc…
§
All duly authorized peace officers, while investigating violations of this division in performance o…
§
(a) Any sheriff, chief of police, the Chief of the Division of Law Enforcement, or the Commissioner …
§
Every person who forges or alters a prescription or who issues or utters an altered prescription, or…
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(a) This section shall be known, and may be cited, as Alexandra’s Law. (b) The court shall advise a …
§
(a) A person convicted of violating Section 11353 or 11361, or of committing an offense referred to …
§
(a) Notwithstanding Section 11350 or 11377 or any other provision of law, every person who unlawfull…
§
(a) Any person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5, o…
§
(a) (1) A person convicted of a violation of, or of a conspiracy to violate, Section 11351, 11351.5,…
§
(a) Every person who possesses any moneys or negotiable instruments in excess of one hundred thousan…
§
(a) It is unlawful for any person knowingly to receive or acquire proceeds, or engage in a transacti…
§
Any person who shall knowingly violate any of the provisions of Section 11153, 11154, 11155, or 1115…
§
Any person who shall knowingly violate any of the provisions of Section 11173 or 11174 with respect …
§
(a) In addition to the term of imprisonment provided by law for persons convicted of violating Secti…
§
(a) Every person who is convicted of a violation of Section 11350, 11351, 11351.5, 11352, 11355, 113…
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(a) Except as otherwise provided in subdivision (b) or (e), each person who is convicted of a violat…
§
(a) (1) When a person who is otherwise eligible for probation is granted probation by the trial cour…
§
Every person who violates or fails to comply with any provision of this division, except one for whi…
§
(a) Any manufacturer of a controlled substance who disposes of any hazardous substance that is a con…
§
(a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, …
§
(a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, …
§
(a) Every person who sells, dispenses, distributes, furnishes, administers, or gives, or offers to s…
§
(a) Unless otherwise excluded pursuant to this section, a person charged with a misdemeanor pursuant…
§
Upon the diversion or conviction of a person for any offense involving substance abuse, the court ma…
§
(a) (1) Notwithstanding any other law, it shall not be a crime for a person to be under the influenc…
§
(a) (1) Notwithstanding any other law, it shall not be a crime for a person to possess for personal …
§
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in…
§
(a) Except as otherwise provided in this division, every person who possesses any controlled substan…
§
Except as otherwise provided in Article 7 (commencing with Section 4110) of Chapter 9 of Division 2 …
§
Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 …
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(a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) …
§
Except as otherwise provided in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 …
§
(a) Except as otherwise provided in subdivision (b) and in Article 7 (commencing with Section 4211) …
§
(a) Except as otherwise provided by law, every person who manufactures, compounds, converts, produce…
§
(a) Except as provided in subdivision (b), any person convicted of a violation of subdivision (a) of…
§
(a) Any person convicted of a violation of subdivision (a) of Section 11379.6, or of a conspiracy to…
§
(a) Except as provided by Section 11379.7, any person convicted of a violation of, or of an attempt …
§
(a) Every person 18 years of age or over who violates any provision of this chapter involving contro…
§
(a) Notwithstanding any other provision of law, any person 18 years of age or over who is convicted …
§
(a) Notwithstanding any other provision of law, any person who is convicted of trafficking in heroin…
§
As used in this article “felony offense” and offense “punishable as a felony” refer to an offense pr…
§
Every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, a…
§
All controlled substances in Schedules I, II, III, IV, and V, in solid or capsule form, except for s…
§
(a) Any person who possesses at the same time any of the following combinations, a combination produ…
§
(a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same tim…
§
(a) Any person who possesses at the same time any of the following combinations, a combination produ…
§
(a) Any person who possesses both methylamine and phenyl-2-propanone (phenylacetone) at the same tim…
§
The Board of Pharmacy shall, by regulation, authorize such persons to possess any combinations of su…
§
Except as otherwise authorized by law, every person who, with intent to produce a controlled substan…
§
(a) Except as otherwise authorized by law, every person who transports, imports into this state, sel…
§
Spores or mycelium capable of producing mushrooms or other material which contains psilocyn or psyoc…
§
(a) This article shall be known and cited as the Treatment-Mandated Felony Act. (b) (1) Notwithstand…
§
The Legislature finds and declares that the laws of this state which prohibit the possession, posses…
§
(a) A controlled substance analog shall, for the purposes of Chapter 6 (commencing with Section 1135…
§
The Attorney General may, in conformity with the State Civil Service Act, Part 2 (commencing with Se…
§
The Attorney General and the agents appointed by him, when authorized so to do by the Attorney Gener…
§
In order to ensure the proper utilization of the laws permitting the seizure and forfeiture of prope…
§
The following are subject to forfeiture: (a) All controlled substances which have been manufactured,…
§
(a) The expenses of seizing, eradicating, destroying, or taking remedial action with respect to, any…
§
(a) In lieu of a civil action for the recovery of expenses as provided in Section 11470.1, the prose…
§
(a) Section 11470 shall be applicable to property owned by, or in the possession of, minors. (b) The…
§
The provisions of this chapter apply to any minor who has been found to be a person described in Sec…
§
Property subject to forfeiture under this division may be seized by any peace officer upon process i…
§
(a) State or local law enforcement authorities shall not refer or otherwise transfer property seized…
§
A peace officer making a seizure pursuant to Section 11471 shall notify the Franchise Tax Board wher…
§
Controlled substances and any device, contrivance, instrument, or paraphernalia used for unlawfully …
§
(a) All seizures under provisions of this chapter, except seizures of vehicles, boats, or airplanes,…
§
(a) All seizures of controlled substances, instruments, or paraphernalia used for unlawfully using o…
§
A court order for the destruction of controlled substances, instruments, or paraphernalia pursuant t…
§
Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sal…
§
Species of plants from which controlled substances in Schedules I and II may be derived which have b…
§
The failure, upon demand by a peace officer of the person in occupancy or in control of land or prem…
§
Cannabis may be provided by the Attorney General to the heads of research projects which have been r…
§
Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agency of…
§
(a) Notwithstanding the provisions of Sections 11473, 11473.5, and 11479, at any time after seizure …
§
Notwithstanding the provisions of Sections 11473, 11473.5, 11474, 11479, and 11479.1, at any time af…
§
(a) Notwithstanding Sections 11473 and 11473.5, at any time after seizure by a law enforcement agenc…
§
(a) The Legislature finds that there is a need to encourage further research into the nature and eff…
§
(a) The panel shall review research projects to be conducted in this state that would require the ad…
§
(a) The panel shall review research projects to be conducted in this state that would require the ad…
§
(a) The panel may withdraw approval from a research project for reasonable cause. (b) Prior to withd…
§
(a) The Research Advisory Panel shall be considered a multimember advisory body solely for the purpo…
§
(a) The panel shall, annually and in the manner determined by the panel, report to the Legislature a…
§
(a) The panel shall, annually and in the manner determined by the panel, report to the Legislature a…
§
No provision of this division shall be construed to prohibit the establishment and effective operati…
§
Any peace officer of this state who, incident to a search under a search warrant issued for a violat…
§
(a) Any peace officer of this state, subsequent to making or attempting to make an arrest for a viol…
§
Property seized pursuant to Section 11488 may, where appropriate, be held for evidence. The Attorney…
§
Within 15 days after the seizure, if the peace officer does not hold the property seized pursuant to…
§
(a) (1) Except as provided in subdivision (j), if the Department of Justice or the local governmenta…
§
(a) (1) Any person claiming an interest in the property seized pursuant to Section 11488 may, unless…
§
(a) If the court or jury at the forfeiture hearing finds that the property is forfeitable pursuant t…
§
Notwithstanding Section 11502 and except as otherwise provided in Section 11473, in all cases where …
§
The provisions of this division relative to forfeiture of vehicles, boats, or airplanes shall not ap…
§
Nothing in this chapter shall be construed to extend or change decisional law as it relates to the t…
§
(a) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move t…
§
There is hereby created in the General Fund the Narcotics Assistance and Relinquishment by Criminal …
§
In the case of any property seized or forfeiture proceeding initiated before January 1, 1994, the pr…
§
(a) The funds received by the law enforcement agencies under Section 11489 shall be deposited into a…
§
The district attorney, or any person designated by him, of the county in which any violation of this…
§
The State of California, or any political subdivision thereof, may maintain an action against any pe…
§
(a) All moneys, forfeited bail, or fines received by any court under this division shall as soon as …
§
Judges and magistrates who collect fines or forfeitures under this division shall keep a record ther…
§
When an imprisonment has been imposed for a violation of this division, and before the termination o…
§
Whenever a fine has been imposed for violation of this division, and before the full payment of the …
§
The State Controller shall check the reports and records received by him with the transmittals of fi…
§
The official bond of any judge or magistrate is liable for his failure to transmit the fines or forf…
§
The records kept by a judge or magistrate under this division are open to public inspection, and may…
§
As used in this subdivision, the following terms have the following meanings: (a) “Loiter” means to …
§
(a) It is unlawful for any person to loiter in any public place in a manner and under circumstances …
§
If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason …
§
A violation of any provision of this chapter is a misdemeanor.
§
Nothing in this chapter shall prevent a local governing body from adopting and enforcing laws consis…
§
The Legislature hereby finds and declares that licensed physicians, experienced in the treatment of …
§
(a) A person shall not use, or be under the influence of any controlled substance that is (1) specif…
§
(a) Whenever any court in this state grants probation to a person who the court has reason to believ…
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In any case in which a person has been arrested for a criminal offense and is suspected of being add…
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The fact that a person is or has been, or is suspected of being, a user of cannabis is not alone suf…
§
The rehabilitation of persons addicted to controlled substances and the prevention of continued addi…
§
The Attorney General is directed to promote and sponsor the use by agencies of local government of t…
§
The Department of Corrections and the Department of the Youth Authority are authorized to establish …
§
When the parole authority concludes that there are reasonable grounds for believing that a person on…
§
When the Youth Authority concludes that there are reasonable grounds for believing that a person com…
§
When the parole authority concludes that there are reasonable grounds for believing that a woman on …
§
The authority granted to the parole authority and to the Department of the Youth Authority in no way…
§
For purposes of this article, “parole authority” has the same meaning as described in Section 3000 o…
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Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manuf…
§
If there is reason to believe that a nuisance, as described in Section 11570, is kept, maintained, o…
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(a) Nothing in this article shall prevent a local governing body from adopting and enforcing laws, c…
§
For purposes of this article, an action to abate a nuisance may be taken by the city attorney or cit…
§
Unless filed by the district attorney, or the city attorney of an incorporated city, the complaint i…
§
(a) If the existence of the nuisance is shown in the action to the satisfaction of the court or judg…
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(a) At the time of application for issuance of a temporary restraining order or injunction pursuant …
§
On granting the temporary writ the court or judge shall require an undertaking on the part of the ap…
§
The action shall have precedence over all other actions, except criminal proceedings, election conte…
§
In any action for abatement instituted pursuant to this article, all evidence otherwise authorized b…
§
If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution e…
§
In case of failure to prosecute the action with reasonable diligence, or at the request of the plain…
§
If the action is brought by a citizen and the court finds there was no reasonable ground or cause fo…
§
If the existence of the nuisance is established in the action, an order of abatement shall be entere…
§
A violation or disobedience of the injunction or order for abatement is punishable as a contempt of …
§
(a) If the existence of the nuisance is established in the action, an order of abatement shall be en…
§
While the order of abatement remains in effect, the building or place is in the custody of the court…
§
For removing and selling the movable property, the officer is entitled to charge and receive the sam…
§
The proceeds of the sale of the movable property shall be applied as follows: First—To the fees and …
§
If the proceeds of the sale of the movable property do not fully discharge all of the costs, fees, a…
§
(a) If the owner of the building or place has not been guilty of any contempt of court in the procee…
§
Whenever the owner of a building or place upon which the act or acts constituting the contempt have …
§
Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arres…
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(a) Every sheriff or chief of police, upon the arrest for any of the controlled substance offenses d…
§
All registration requirements set forth in this article, as it read on January 1, 2019, are terminat…
§
The Attorney General, the Board of Pharmacy, and other agencies shall carry out educational programs…
§
The Attorney General shall encourage research on misuse and abuse of controlled substances. In conne…
§
The Attorney General may enter into contracts for educational and research activities without perfor…
§
The Attorney General, with the approval of the Research Advisory Panel, may authorize persons engage…
§
The Attorney General, with the approval of the Research Advisory Panel, may authorize the possession…
§
(a) Commencing with the 1991–92 fiscal year, the Attorney General, in consultation with the Governor…
§
The Legislature finds and declares that there has been a recent and rapid expansion in clandestine l…
§
The Department of Justice shall establish a Clandestine Laboratory Enforcement Program to assist sta…
§
(a) To the extent moneys are available therefor, the Controller, in accordance with criteria and pro…
§
To the extent moneys are available therefor, the Department of Justice shall do the following: (a) I…
§
To the extent moneys are available therefor, the Crime Prevention Center of the Department of Justic…
§
The Attorney General shall adopt rules and regulations for the administration and enforcement of thi…
§
(a) The Crank-Up Task Force Program is hereby created within the Department of Justice as part of th…
§
(a) Prosecution for any violation of law occurring prior to the effective date of this division is n…
§
Any orders and regulations promulgated pursuant to any law affected by this division and in effect o…
§
(a) A county or regional group of counties may establish an interagency overdose fatality review tea…
§
An overdose fatality review team may be comprised of, but not limited to, all of the following: (a) …
§
(a) An oral or written communication or a document shared within or produced by an overdose fatality…
§
An organization represented on an overdose fatality review team may share information in its possess…
§
(a) Consistent with paragraph (9) of subdivision (b) of Section 56.10 of the Civil Code, a provider …
§
(a) Information gathered, and recommendations made, by an overdose fatality review team shall be use…
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This division shall be known and may be cited as the Drug Dealer Liability Act.
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The purpose of this division is to provide a civil remedy for damages to persons in a community inju…
§
The Legislature finds and declares all of the following: (a) Although the criminal justice system is…
§
As used in this division: (a) “Marketing of illegal controlled substances” means the possession for …
§
(a) A person who knowingly participates in the marketing of illegal controlled substances within thi…
§
(a) Any one or more of the following persons may bring an action for damages caused by an individual…
§
(a) An individual user of an illegal controlled substance may not bring an action for damages caused…
§
(a) A third party shall not pay damages awarded under this division, or provide a defense or money f…
§
A person, whose participation in the marketing of illegal controlled substances constitutes the foll…
§
(a) Two or more persons may join in one action under this division as plaintiffs if their respective…
§
(a) An action by an individual user of an illegal controlled substance is governed by the principles…
§
A person subject to liability under this division has a right of action for contribution against ano…
§
(a) Proof of liability in an action brought under this division shall be shown by clear and convinci…
§
(a) A plaintiff under this division, subject to subdivision (c), may request an ex parte prejudgment…
§
(a) Except as otherwise provided in this section, a claim under this division shall not be brought m…
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On motion by a governmental agency involved in an investigation or prosecution involving an illegal …
§
No cause of action shall arise based on any act by a defendant which occurred prior to the effective…
§
If any provision of this division or the application of any provision to any person or circumstance …
§
(a) It is the intent of the Legislature that the administrative and programmatic functions of the St…
§
(a) Except as provided in Section 131055.2, the State Department of Health Care Services shall succe…
§
It is the intent of the Legislature to ensure the integrity of state alcohol and drug programs.
§
As used in this division, “department” means the State Department of Health Care Services and “direc…
§
(a) “County board of supervisors” includes county boards of supervisors in the case of counties acti…
§
(a) The department shall be the single state agency authorized to receive any federal funds payable …
§
The department shall do all of the following: (a) Adopt regulations pursuant to Section 11152 of the…
§
(a) The department may implement a program for the establishment of group homes for alcohol and othe…
§
The department relative to the statewide alcohol and other drug program, in addition to the duties p…
§
(a) An alcoholism or substance use disorder recovery or treatment facility licensed under this divis…
§
This chapter shall be known and may be cited as the Alcohol and Drug Affected Mothers and Infants Ac…
§
The Legislature finds and declares the following: (a) Many infants affected by alcohol or other drug…
§
(a) The Office of Perinatal Substance Abuse is hereby established within the State Department of Hea…
§
(a) The office may provide or contract for training regarding alcohol and other drug dependency to p…
§
(a) Funds distributed under this chapter shall be used by counties to fund residential and nonreside…
§
(a) A county that receives funds distributed under this chapter may establish a perinatal coordinati…
§
(a) The Legislature hereby finds and declares both of the following: (1) The state has an interest i…
§
The definitions contained in this chapter shall govern the construction of this chapter, unless the …
§
It is the intent of the Legislature that the overdose information gathered pursuant to this chapter …
§
For purposes of this chapter, the following terms have the following meanings: (a) “Coroner” means a…
§
(a) A coroner or medical examiner who evaluates an individual who died, in the coroner or medical ex…
§
(a) The department shall use best efforts to utilize all of its relevant data regarding overdoses in…
§
(a) Within 60 days after notification of the final allocation of each fiscal year pursuant to Sectio…
§
(a) The department shall negotiate contracts with each county that requests to enter into a contract…
§
This act shall be known, and may be cited, as the Adolescent Alcohol and Drug Treatment and Recovery…
§
The department, in collaboration with counties and providers of alcohol and other drug services, sha…
§
The department, in collaboration with counties and providers of alcohol and other drug services, sha…
§
Nothing in this chapter shall preclude regional approaches to service delivery by counties, includin…
§
Not later than January 1 of each year, the department, in collaboration with the counties and provid…
§
This chapter shall become inoperative on July 1, 2013.
§
The Legislature finds and declares that problems related to the inappropriate use of alcoholic bever…
§
The Legislature recognizes that any efforts to address the problems related to inappropriate alcohol…
§
The Legislature finds that state government has an affirmative role in alleviating problems related …
§
(a) The Legislature recognizes that substance use disorder should be viewed and treated as a health …
§
It is the intent of the Legislature that the department encourage the development of high quality, c…
§
(a) (1) The department may enter into agreements and contracts with any person or public or private …
§
(a) Subject to Section 11773.1, the department shall develop and implement a statewide prevention ca…
§
(a) The department may accept voluntary contributions, in cash or in-kind, to pay for the costs of i…
§
(a) Notwithstanding Section 11773.1, during the 2006–07 fiscal year, the department may develop and …
§
(a) Any funds that are not expended or encumbered for purposes of this article 730 days after being …
§
(a) Each year the department shall apply for federal block grant funds from the federal Substance Ab…
§
The department shall confer and cooperate with other state agencies whose responsibilities include a…
§
The Legislature, subject to the Governor’s approval, has the sole authority under Section 12 of Arti…
§
It is the intent of the Legislature that the department and the counties maintain a cooperative part…
§
It is the intent of the Legislature that the department cooperate closely with individuals and organ…
§
The Legislature finds and declares all of the following: (a) Federal, state, and local governments h…
§
The department shall provide direction to counties and to public and private organizations serving t…
§
The Legislature recognizes the importance of encouraging research to study the biological aspects of…
§
The department may enter into contracts for special studies and research to develop the information …
§
The department may coordinate task forces and committees of subject-matter experts to assess and doc…
§
The department, with the approval of the Secretary of the Health and Human Services Agency, may cont…
§
(a) The department shall be a central information resource on alcohol and other drug use prevention …
§
The department, at the request of the county alcohol and drug program administrator, may assist loca…
§
The department may develop and implement a mass media alcohol and other drug education program invol…
§
(a) The department, in consultation with the State Department of Public Health, shall distribute inf…
§
The department may develop an objective program evaluation device or methodology and evaluate state-…
§
The department shall, in consultation with the State Department of Education, screen and evaluate bo…
§
It is the intent of the Legislature that the department, in collaboration with the State Department …
§
(a) (1) On or before July 1, 2023, the State Department of Health Care Services shall develop a stat…
§
(a) The Department of Health Care Access and Information may implement SUD workforce development pro…
§
(a) The board of supervisors of each county may apply to the department for funds for the purpose of…
§
(a) (1) Two or more counties may jointly establish county alcohol and other drug programs pursuant t…
§
Except as provided in subdivision (b) of Section 11812, nothing in this part shall prevent any city …
§
(a) Funds allocated to the county pursuant to this part shall be used exclusively for county alcohol…
§
(a) Counties that apply for funds to provide alcohol and other drug services shall prepare and submi…
§
(a) A county with an approved contract for alcohol and other drug services shall bear the financial …
§
The department shall review each county’s contract for alcohol and other drug services to determine …
§
(a) The board of supervisors shall designate a health-related county agency or department that shall…
§
The alcohol and drug program administrator, acting through administrative channels designated pursua…
§
(a) Money deposited in the county alcohol abuse education and prevention fund pursuant to Section 14…
§
If the county has an alcohol and other drug advisory board, the alcohol and drug program administrat…
§
Each county may have an advisory board on alcohol and other drug problems appointed by the board of …
§
It is the intent of the Legislature to provide maximum flexibility in the use of federal and state a…
§
Counties shall have broad discretion in the choice of services they utilize to alleviate the alcohol…
§
(a) The major purpose of prevention and early intervention activities includes, but is not limited t…
§
In addition to the services described in Section 11811, a county may provide other services or progr…
§
To the extent the activities meet the provisions for receipt of the federal block grant funds for pr…
§
The department shall consult with county behavioral health directors, alcohol and drug program admin…
§
Services financed under this part shall: (a) Be provided on a voluntary basis only, except as provid…
§
The following costs shall not be eligible for state funding pursuant to this part: (a) The costs inv…
§
The following conditions apply to county expenditures of funds pursuant to this part: (a) Where the …
§
In addition to any other services authorized under this chapter, the department shall urge the count…
§
Nothing in this part shall prohibit a county from appropriating funds for alcohol and other drug pro…
§
(a) The department shall issue allocations to contracting counties for alcohol and other drug progra…
§
The department may reallocate among counties any unexpended federal funds that occur during the fisc…
§
(a) There shall be an appropriation from the Budget Act to the department to fund programs and servi…
§
Payments or advances of funds to counties or other state agencies, which are properly chargeable to …
§
(a) It is the intent of the Legislature that the state and the counties work together to minimize au…
§
(a) (1) Expenditures made by a county and a county’s provider that may be reimbursed using appropria…
§
(a) Counties shall submit a cost report reflecting the expenditure of funds expended pursuant to the…
§
The Legislature recognizes the need for increased potential for coordination between county alcohol …
§
The Legislature recognizes the potential positive impact that federal, state, and local agencies can…
§
The department may establish reasonable criteria to evaluate the performance of programs and service…
§
The department may do all of the following: (a) Review and conduct evaluation studies of service del…
§
The Legislature recognizes that local program effectiveness may be evaluated in a variety of ways, b…
§
Each county shall ensure the evaluation of all funded programs to determine whether they have achiev…
§
The department may disseminate information about the evaluation projects to all counties and interes…
§
The department shall take the following goals and objectives into consideration in the implementatio…
§
(a) The department’s death investigation policy shall be designed to ensure that a resident’s death …
§
To the maximum extent possible, a reasonable effort to refer a client to other programs, facilities,…
§
(a) An operator of a licensed alcoholism or drug abuse recovery or treatment facility, as defined in…
§
(a) The following persons, programs, or entities shall not give or receive remuneration or anything …
§
(a) The department may investigate allegations of violations of this chapter. The department may, up…
§
(a) The Legislature recognizes that consumers with substance use disorders have disabling conditions…
§
(a) A facility licensed by the department pursuant to Chapter 7.5 (commencing with Section 11834.01)…
§
(a) A laboratory or certified outpatient treatment program that leases, manages, or owns housing uni…
§
(a) The department has the sole authority in state government to certify alcohol or other drug progr…
§
The department shall charge a fee for the certification of alcohol or other drug programs, in accord…
§
(a) As used in this chapter, “alcohol or other drug program” or “program” means a business entity wi…
§
(a) Except as provided in subdivision (b), any alcohol or other drug program shall be certified by t…
§
A person or entity applying for a certification pursuant to this chapter shall submit all of the fol…
§
(a) The department may issue a certification to an alcohol or other drug program upon all of the fol…
§
(a) A certification shall be valid for a period of two years from the date of issuance. (b) The depa…
§
Except as provided in subdivision (b) of Section 11832.3, no person, firm, partnership, association,…
§
(a) An alcohol or other drug program shall adopt policies and procedures that are consistent with th…
§
(a) Alcohol and other drug programs that are certified in accordance with this chapter shall either …
§
(a) The department shall have the sole authority in state government to establish the minimum qualif…
§
(a) A program shall submit, in a form and manner determined by the department, a report to the depar…
§
(a) The department shall conduct onsite visits for compliance at least once during each certificatio…
§
(a) The department may enter and inspect any building, or portion thereof, that contains an alcohol …
§
(a) The director may suspend or revoke any certification issued under this chapter, as well as any o…
§
(a) Proceedings for the suspension, revocation, or denial of a certification under this chapter shal…
§
(a) The withdrawal of an application for a certification after it has been filed with the department…
§
A certification shall terminate by operation of law, prior to its expiration date, when any of the f…
§
(a) If a program is alleged to be in violation of Section 11832.7, the department shall conduct a si…
§
(a) The director may bring an action to enjoin the violation of Section 11832.7 in the superior cour…
§
(a) (1) In addition to the penalties of suspension or revocation of a certification issued under thi…
§
The civil and administrative remedies available to the department pursuant to this chapter are not e…
§
(a) Any alcohol or other program operating in a setting that is exempt from mandatory certification …
§
(a) The department shall adopt regulations necessary to implement this chapter. (b) Notwithstanding …
§
Any alcohol or other drug program certified by the department under the alcohol or other drug progra…
§
Notwithstanding Sections 11832.3 and 11832.7, any alcohol or other drug program that is not deemed c…
§
(a) The department shall have the sole authority in state government to determine the qualifications…
§
This chapter applies to all programs, facilities, or services certified pursuant to Chapter 7.1 (com…
§
(a) The department shall charge a fee to all programs for licensure or certification by the departme…
§
The Residential and Outpatient Program Licensing Fund is hereby established in the State Treasury. A…
§
Notwithstanding the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commenci…
§
(a) A program certified by the department pursuant to Chapter 7.1 (commencing with Section 11832) or…
§
The department has the sole authority in state government to license adult alcohol or other drug rec…
§
(a) As used in this chapter, “alcohol or other drug recovery or treatment facility” or “facility” me…
§
(a) A person or entity applying for licensure shall file with the department, on forms provided by t…
§
(a) (1) The department may issue a single license to operate an alcohol or other drug recovery or tr…
§
(a) A licensee shall not operate an alcohol or other drug recovery or treatment facility beyond the …
§
(a) The department shall adopt the American Society of Addiction Medicine treatment criteria, or an …
§
The department may assess civil penalties in accordance with Sections 11834.31 and 11834.34.
§
A license shall be valid for a period of two years from the date of issuance. The department may ext…
§
A city, county, city and county, or district shall not adopt or enforce a building ordinance or loca…
§
(a) This chapter does not authorize the imposition of rent regulations or controls for licensed alco…
§
(a) The Legislature hereby declares that it is the policy of this state that each county and city sh…
§
(a) Any person licensed under this chapter who operates or proposes to operate an alcohol or other d…
§
An alcohol or other drug recovery or treatment facility which serves six or fewer persons shall not …
§
(a) Whether or not unrelated persons are living together, an alcohol or other drug recovery or treat…
§
A fire inspection clearance or other permit, license, clearance, or similar authorization shall not …
§
(a) (1) As a condition of providing incidental medical services, as defined in subdivision (a) of Se…
§
For the purposes of any contract, deed, or covenant for the transfer of real property executed on or…
§
(a) As used in this section, “incidental medical services” means services that are in compliance wit…
§
(a) The licensee shall provide at least one of the following nonmedical services: (1) Recovery servi…
§
(a) The department shall have the sole authority in state government to establish the appropriate mi…
§
(a) No sooner than July 1, 2022, an alcohol or other drug recovery or treatment facility shall eithe…
§
Any licensee that provides recovery, treatment, or detoxification services, that is not in complianc…
§
A person, firm, partnership, association, corporation, or local governmental entity shall not operat…
§
If a facility is alleged to be in violation of Section 11834.30, the department shall conduct a site…
§
(a) The director may bring an action to enjoin the violation of Section 11834.30 in the superior cou…
§
When the department receives a complaint against an alcohol or other drug recovery or treatment faci…
§
(a) In addition to the penalties of suspension or revocation of a license issued under this chapter,…
§
Any employee or agent of the department upon presentation of proper identification, may enter and in…
§
(a) The director may suspend or revoke any license issued under this chapter, as well as any other l…
§
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be c…
§
Any license suspended pursuant to this chapter may be reinstated pursuant to Section 11522 of the Go…
§
(a) The withdrawal of an application for a license after it has been filed with the department shall…
§
A license shall terminate by operation of law, prior to its expiration date, when any of the followi…
§
The civil and administrative remedies available to the department pursuant to this chapter are not e…
§
The department shall adopt regulations to implement this chapter in accordance with the purposes req…
§
This chapter shall only apply to alcohol or other drug recovery or treatment facilities, as defined …
§
(a) An alcohol or other drug recovery or treatment facility or an alcohol or other drug program may …
§
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of th…
§
If an alcohol or other drug recovery or treatment facility or an alcohol or other drug program subje…
§
(a) The purposes of any regulations adopted by the department shall be to implement, interpret, or m…
§
(a) The department shall have the sole authority to issue, deny, suspend, or revoke the license of a…
§
No person, firm, partnership, association, corporation, or local governmental entity shall operate, …
§
The department shall require license renewal on a biennial basis.
§
Criteria for licensure of new or existing programs shall include all of the following: (a) Completio…
§
An initial license shall not be issued until all requirements identified in this chapter and in regu…
§
The department shall adopt regulations to implement this chapter, in accordance with the purposes an…
§
The State Department of Health Care Services shall adopt regulations for satellite offices of drivin…
§
(a) Pursuant to the provisions of law relating to suspension of a person’s privilege to operate a mo…
§
(a) In utilizing any program described in Section 11837, the court may require periodic reports conc…
§
(a) (1) The court may refer persons only to licensed programs. Subject to these provisions, a person…
§
(a) (1) Each county, through the county alcohol and drug program administrator, shall determine its …
§
(a) No program, regardless of how it is funded, may be licensed unless all of the requirements of th…
§
(a) No person may participate in any program that has not been licensed by the department pursuant t…
§
(a) The major responsibility for assuring programmatic and fiscal integrity of each program rests wi…
§
(a) The county alcohol and drug program administrator, or the advisory board acting through the coun…
§
(a) The department shall authorize each county alcohol and drug program administrator to retain, in …
§
The participation of the probation department in a program established pursuant to this chapter shal…
§
(a) The Legislature encourages all counties to utilize the procedure described in this chapter, but …
§
The department, in cooperation with the county and the Department of Motor Vehicles, shall establish…
§
(a) The director may bring an action to enjoin any violation of Section 11836.10 in the superior cou…
§
(a) Notwithstanding any other provision of this chapter, any person who violates Section 11836.10 ma…
§
The civil, criminal, and administrative remedies available to the department pursuant to this articl…
§
The director may suspend or revoke any license issued under this chapter, or deny an application to …
§
(a) Proceedings for the suspension, revocation, or denial of a license under this chapter shall be c…
§
The department, with the approval of the Secretary of California Health and Human Services, may cont…
§
(a) (1) Notwithstanding any other law, the department shall amend Chapter 4 (commencing with Section…
§
The Legislature finds and declares that it is in the best interests of the health and welfare of the…
§
The following medications are authorized for use in narcotic replacement therapy and medication-assi…
§
(a) In addition to the duties authorized by other statutes, the department shall perform all of the …
§
The department shall impose a civil penalty of one hundred dollars ($100) per day for a program that…
§
In addition to the duties authorized by other provisions, the department shall be responsible for li…
§
(a) The department shall establish a program for the operation and regulation of office-based narcot…
§
(a) No sooner than July 1, 2022, the department shall establish a program for the operation and regu…
§
(a) (1) Each narcotic treatment program authorized to use narcotic replacement therapy in this state…
§
The director may deny the application for initial issuance of a license if the applicant or any part…
§
(a) The director shall suspend or revoke any license issued under this article, or deny an applicati…
§
(a) The department shall cease review of an application for a license if either of the following occ…
§
A narcotic treatment program license shall automatically terminate if the Substance Abuse and Mental…
§
Except as provided in Section 11839.16, proceedings for the suspension, revocation, or denial of a l…
§
(a) The withdrawal of an application for a license after it has been filed with the department shall…
§
For purposes of this article, a conviction means a plea or verdict of guilty or a conviction followi…
§
The director may bring an action to enjoin the violation of Section 11839.7, or the violation of a d…
§
(a) (1) The director shall, in addition to any other remedy, issue an order that prohibits a narcoti…
§
(a) In cases where a program is closing and the licensed entity that has agreed to assume temporary …
§
Any licensee may petition the director for waiver of licensure fees or late payment penalties for th…
§
(a) The department shall not license the establishment of a narcotic treatment program without a wri…
§
(a) It is the intent of the Legislature in licensing narcotic treatment programs to provide a means …
§
The State Department of Health Services shall establish criteria for acceptable performance from tho…
§
The state department shall require a system to detect multiple registrations by narcotic treatment p…
§
The State Department of Health Services shall adopt and publish rules and regulations to be used in …
§
Substance use testing for narcotic treatment programs operating in the state shall be performed only…
§
Each laboratory in this state that performs the test referred to in Section 11839.24 shall be licens…
§
The State Department of Health Care Services shall enforce this article and the rules and regulation…
§
The State Department of Health Services shall annually publish a list of approved and licensed labor…
§
Every laboratory that has been approved and for which a license has been issued shall be periodicall…
§
Any license issued pursuant to Section 11839.25 may be suspended or revoked by the State Director of…
§
The State Director of Health Services may deny a license if any of the following apply to the applic…
§
The State Director of Health Services may suspend, revoke, or take other disciplinary action against…
§
The State Director of Health Services may take disciplinary action against any licensee after a hear…
§
All accusations against licensees shall be filed within three years after the act or omission allege…
§
After suspension or revocation of the license upon any of the grounds set forth in this article, the…
§
(a) It is the intent of the Legislature that all programs funded under this part shall be partially …
§
As used in this chapter, “substance use disorder program” means any program that provides any servic…
§
As used in this chapter, a substance use disorder program includes, but is not limited to: (a) Resid…
§
The county shall establish and maintain a registry of all narcotic and drug programs and alcohol and…
§
Each narcotic and drug program and alcohol and other drug program in a county shall register annuall…
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(a) The identity and records of the identity, diagnosis, prognosis, or treatment of any patient, whi…
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The Legislature hereby finds and declares that it is essential to the health and welfare of the peop…
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The department shall consult with state and local health planning bodies and encourage and promote e…
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Any community alcohol and other drug service may by contract furnish community alcohol and other dru…
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The department shall, within available resources, consult with federal, state, and local agencies in…
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The department shall provide technical assistance, guidance, and information to local governments an…
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The department shall establish goals and priorities for all state agencies providing narcotic and al…
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The department shall, in the same manner and subject to the same conditions as other state agencies,…
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(a) Once the negotiated rate with service providers has been approved by the county, all participati…
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Expenditures incurred pursuant to this part shall be in accordance with the regulations of the direc…
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(a) In determining the amounts that may be paid, fees paid by persons receiving services or fees pai…
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The department shall coordinate all narcotic and alcohol and other drug services and related program…
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The department may require state agencies to contract with it for services to carry out the provisio…
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The department may accept and expend grants, gifts, and legacies of money, and, with the consent of …
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In addition to those expenditures authorized under Section 11851, expenditures shall include expense…
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(a) Charges shall be made for services rendered to each person under a county contract in accordance…
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Counties are encouraged to contract with providers for the provision of alcohol and drug services. C…
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(a) Any government entity that contracts with a privately owned recovery residence to provide recove…
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The department shall devise and implement, in consultation with the counties, a program reporting me…
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Each county may establish standards that meet or exceed state standards for the treatment and operat…
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Payments or advances of funds to cities, counties, cities and counties, or other state agencies, whi…
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(a) The department may charge a reasonable fee for the certification or renewal certification of a p…
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The department shall encourage the development of educational courses that provide core knowledge co…
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The department shall conduct onsite monitoring and reviews of individual county-operated alcohol and…
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(a) This chapter shall be known, and may be cited, as the California Ethical Treatment for Persons w…
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The following definitions apply for purposes of this chapter: (a) “Certified treatment program” mean…
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(a) Every treatment provider operating in the state shall adopt, and make available to all clients a…
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(a) Any marketing or advertising materials published or disseminated by a treatment provider shall p…
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(a) Every treatment provider shall maintain records of referrals made to or from recovery residences…
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(a) (1) A treatment provider shall not request, receive, or retain payment for substance use disorde…
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For purposes of this chapter, the following definitions apply: (a) “Amusement park” means a gated fa…
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(a) Each stadium, concert venue, and amusement park shall, at all times, maintain unexpired doses of…
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(a) (1) Notwithstanding any other law except for Division 5 (commencing with Section 6300) of the La…
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The department shall inspect programs dispensing controlled substances described in subdivision (c) …
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(a) This article shall be known and may be cited as the Comprehensive Drug Court Implementation Act …
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(a) This article shall be known and may be cited as the Drug Court Programs Act. (b) This section sh…
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(a) (1) At its option, a county may provide a program authorized by this article. A county that choo…
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(a) Counties and courts that opt to have treatment court programs shall ensure the programs are desi…
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(a) It is the intent of the Legislature that dependency drug courts be funded unless an evaluation o…
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(a) Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part…