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[Government Organization] - Reorganization Plans - Executive Branch, 1968-1971 (1 of 2)
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118565016
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[Government Organization] - Reorganization Plans - Executive Branch, 1968-1971 (1 of 2)
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Ronald Reagan's Governor's Papers of the Press Unit
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Reagan, Ronald: Gubernatorial Papers,
1966-74: Press Unit
Folder Title: [Government Organization] -
Reorganization Plans - Executive Branch,
1968-1971 (1 of 2)
Box: P36
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
STATUTORY LANGUAGE-
Reorganization
Plan No. 1 of 1970
As Required by Section 8523 of the Government Code
An act to amend Sections 6021, 27551, 27971, 27991, 27992,
27993, 28054, 28055, 28062, 28082, 28083, 28084, 28085,
28086, 28090, 28093, 28141, 41302, 41331, 41332, 41581,
56351, and 58382 of the Agricultural Code; to amend Sec-
tions 101, 555, 1435.6, 1601, 2100, 2701, 2718, 2728, 2841, 2842,
3010, 3148, 3151, 4000, 4006, 4035, 4047, 4160, 4360, 4800,
7311, 9001, 9007, and 23007 of, and to add Section 101.5 to,
the Business and Professions Code; to amend Sections 4011,
5671, 5672, and 5674 of the Fish and Game Code; to amend
Sections 1322, 11200, 11550.5, and 12803 of the Government
Code; to amend Sections 3229 and 3230 of the Harbors and
Navigations Code; to amend the heading of Part 1 (com-
mencing with Section 100) of Division of, and Sections 21,
22, 200, 205, 214, 217, 249, 280, 291, 300,304, 305, 310, 374,
382, 384, 400, 405, 410, 416, 416.9, 416.10, 416.12, 416.13,
416.14, 416.15, 416.16, 417, 417.3, 420, 425, 428, 429, 429.11,
LEGISLATIVE COUNSEL'S DIGEST
Executive reorganization plan 1
Amends, adds, repeals, various provisions, various codes.
Reduces Executive Reorganization Plan No. 1 of 1970 to statutory
form without substantive change.
Specifically abolishes Departments of Mental Hygiene, Public Health,
and Health Care Services and transfers their functions to new Depart-
ment of Health; transfer social services functions of Department of
Social Welfare to Department of Health; transfers alcoholism functions
of Department of Rehabilitation to Department of Health; transfers
10 health related licensing boards from Department of Professional
and Vocational Standards to Department of Health; abolishes State
Board of Public Health, Health Planning Council, and the Health
Review and Program Council, and transfers their functions to a created
Advisory Health Council, except for licensing and regulatory powers
of the State Board of Public Health, which are transferred to the
Department of Health; designates Advisory Health Council the board
of health required by the constitution; and provides for provisions to
become operative upon certification of the Director of Health.
- 2 -
- 3 -
429.30, 431, 432.2, 432.9, 433, 434, 435.2, 435.7, 436.2, 436.45,
7250, 7252, 7254, 7276, 7277, 7281, 7282, 7283, 7284, 7285,
436.50, 436.51, 436.52, 436.53, 436.57, 436.58, 436.59, 436.60,
7286, 7287, 7288, 7289, 7290, 7292, 7293, 7294, 7300, 7301,
436.61, 436.62, 436.63, 437, 437.1, 437.2, 437.3, 437.5, 437.7,
7302, 7303, 7304, 7305, 7325, 7328, 7352, 7355, 7356, 7357,
437.8, 438.1, 438.3, 438.4, 452, 541, 1101, 1102, 1110, 1110.5,
7359, 7362, 7503, 7508, 7509, 7511, 7512, 7514, 7515, 7517,
1111, 1112, 1130, 1140, 1153, 1155, 1156, 1157, 1203, 1204,
7551, 7553, 7555, 7556, 7558, 7559, 7603, 7604, 7606, 7702,
1210, 1213, 1236, 1237, 1402.1, 1415, 1419, 1420, 1421, 1421.5;
7705, 7706, 8007, 8051, 8053, 8104, 8105, 8200, 10051, 10053,
1424, 1457, 1509, 1513, 1514, 1600.6, 1651, 1685, 1686, 1701,
10053.5, 10060, 10553, 10554, 10555, 10600, 10602, 10603,
1725, 1727, 1756, 1760, 2283.5, 3110, 3226, 3296, 3380, 3382,
10604, 10605, 10606, 10608, 10609, 10610, 10611, 10613,
3387, 3400, 3407, 3701, 3751, 3801, 3901, 4008, 4010.1, 4051,
10616, 10617, 10800, 10802, 10804, 10805, 10809, 10810,
4403, 4457, 4463, 4470.1, 5465, 5474.29, 5474.30, 7152, 10001,
10900, 10905, 10906, 11170, 11172, 11209, 11250, 11251,
10025, 10066, 10439, 11655.5, 11722, 11901, 13399.6, 18897.2,
11450.6, 11451.5, 11505, 12016, 13902, 13911, 13912, 14053,
188.97.6, 18897.7, 24101, 24156. 24159, 25600, 25600.5, 25661,
14061, 14062, 14103, 14103.4, 14104, 14105, 14105.5, 14106,
25663, 25696, 25697, 25771, 25812, 25896, 25990.5, 26011,
14110, 14114, 16000, 16018, 16150, 16151, 16152, 16153,
26051, 26234, 26243, 26255, 26271, 26273, 26289, 26289.5,
16154, 16155, 16157, 16200, 16500, 18351, 18353, 18354,
26290, 26290.5, 26291, 26294, 26310, 26311, 26321, 26322,
18600, 18601, 18603, 19801, 19802, 19805, 19812, 19852, and
26323, 26324, 26325, 26330, 26332, 26333, 26334, 26335,
19853 of, to add Sections 10553.1, 10554.1, 10602.1, 10603.1,
26341, 26360, 26366, 26366.5, 26367, 26368, 26369, 26369.5,
10604.1, 10605.1, 10606.1, 10607.1, 10609.1, 10613.1, 10804.1,
26381, 26387, 26467, 26472, 26473, 26475, 26476, 26495,
10905.1, 11209.1, 11251.1, 18200.1, and 18205 to, and Chap-
26540, 26540.1, 26540.2, 26542, 26542.1, 26543, 26544, 26545,
ter 6 (commencing with Section 16575) to Part 4 of Division
26546, 26553, 26554, 26555, 26556, 26557, 26558, 26568,
9 of, and to repeal Sections 4000, 4005, 7552, 7554, 7605,
26582, 26586, 26586.5, 26588, 26589, 26589.5, 26590, 26601,
7701, 7703, 7704, 14125, and 14126 of, and Chapter 3.5
26622, 26623, 26624, 26630, 27000, 27002, 27010, 27041,
(commencing with Section 10750) of Part 2 of Division 9 of,
28122, 28123, 28127, 28130, 28131, 28132, 28133, 28140,
the Welfare and Institutions Code, relating to the reorgani-
28141, 28143, 28144, 28145, 28147, 28149, 28153, 28180,
zation of the executive branch of the California state gov-
28182, 28211, 28214, 28296, 28297, 28298, 28313, 28317,
ernment.
28322, 28325, 28332, 28333, 28334, 28335, 28336, 28339,
28360, 28364, 28380, 28383, 28385, 28386, 28400, 28401,
The people of the State of California do enact as follows:
28402, 28403, 28410, 28411, 28411.5, 28412, 28413, 28415,
28416, 28418, 28430, 28431, 28432, 28433, 28440, 28441,
1
SECTION 1. Section 6021 of the Agricultural Code is
28442, 28451, 28452, 28478, 28479, 28483, 28487, 28504,
2 amended to read:
28507, 28508, 28616.1, 28694.5, 28700, 28716, 28742,
3 6021. If the director receives a report from the executive
32002, 32127.2, 32201, 38003, 38056, 38060, 38101, 38150,
4 officer of the State Department of Public Health which states
38202, 38203, 38250, 38253, 39020, 39023, 39051, and 39052
5 that field rodents in a certain area carry, or are likely to carry,
of, to add Chapter 1 (commencing with Section 100) to Part
6 any disease, insect, or other vector of any disease which is
1 of Division 1 and Sections 431.2 and 437.05 to, and to re-
7 transmissible and injurious to humans, he shall forthwith
peal Chapter 1 (commencing with Section 100) of Part 1 of
8 advise the commissioner of the county in which such rodents
Division 1 and Sections 350, 351, 354, 431.2, 431.10, 26343,
9 exist.
26344, and 26559 of, the Health and Safety Code; to amend
10 SEC. 2. Section 27551 of the Agricultural Code is
Sections 1535 and 1554 of the Probate Code; and to amend
11 amended to read:
Sections 20, 703, 727, 1128, 1756.5, 3003, 3300, 4001, 4002,
12 27551. The director and the commissioners of each county,
4003, 4004, 4008, 4011, 4012, 4012.5, 4100, 4101, 4104, 4105,
13 their deputies and inspectors, under the supervision and
4107.1, 4108, 4109, 4110, 4111, 4117, 4118, 4119, 4122, 4123,
14 control of the director shall, and the State Department of
4124, 4125, 4126, 4127, 4133, 4134, 4200, 4202, 4203, 4301,
15 Public Health, the other city, county and state officers may,
4306, 4307, 4313, 5008, 5008.1, 5150, 5170, 5174, 5202,
16 enforce this chapter pursuant to regulations which are adopted
5253, 5263, 5304, 5325, 5326, 5328, 5331, 5358, 5366, 5400,
17 by the director.
5401, 5601, 5602, 5607, 5609, 5650, 5654, 5661, 5662, 5701,
18 SEC. 3. Section 27971 of the Agricultural Code is
5702, 5702.1, 5703, 5704, 5708, 5712, 5714.1, 5715, 5718,
19 amended to read:
5750, 5751, 5755, 5757, 5758, 5759, 5760, 5761, 5762, 5763,
20 27971. The State Department of Public Health shall en-
5764, 5765, 5766, 6000, 6002, 6007, 6254, 6316, 6326, 6327,
21 force this chapter and shall make and enforce all necessary
6350, 6357, 6360, 6406, 6407, 6454, 6500, 6501, 6502, 6509,
22 regulations in relation to it.
6551, 6700, 6701, 6702, 6710, 6713, 6718, 6750, 7001, 7002,
23 SEC. 4. Section 27991 of the Agricultural Code is
7003.1, 7025, 7026, 7100, 7200, 7201, 7204, 7205, 7206, 7226,
24 amended to read:
- 4
5
1
27991. It is unlawful for any person to do any of the fol-
1
SEC. 10. Section 28082 of the Agricultural Code is amended
2 lowing, unless he has a license issued by the State Department
2
to read
3
of Public Health:
3
28082. A person shall not sell for human consumption in
4
(a) Engage in egg breaking, liquefying, or dehydration of
4 the state any imported egg product until it has been inspected
5
egg products.
5 by the State Department of Public Health, found to be fit
6
(b) Bring, or cause to be brought, into this state from other
6 for human consumption, and a permit authorizing the sale
7 states, or from outside the United States, for the purpose of
7 has been issued.
8 resale any egg product.
8
Sec. 11. Section 28083 of the Agricultural Code is amended
9
This section does not apply to any bakery or restaurant, or
9
to read
10 any employee of a bakery or restaurant, in which eggs are
10
28083. The State Department of Public Health shall cause
11 broken for immediate use upon the premises.
11 an inspection to be made of all imported egg products.
12
SEC. 5. Section 27992 of the Agricultural Code is
12
SEC. 12. Section 28084 of the Agricultural Code is amended
13 amended to read:
13 to read:
14
27992. The State Department of Public Health shall issue
14
28084. If, after inspection, the imported egg product is
15 to any person an annual nontransferable license upon the
15 found by the State Department of Public Health to be in fit
16 receipt of one hundred dollars ($100) for each such license
16 condition for human consumption, the department shall issue
17 and such evidence as the department may require to show that
17 to the importer or consignee a permit which authorizes the sale
18 the applicant is properly equipped to operate such an estab-
18 of the imported egg product for such purpose, together with
19 lishment at each location where the applicant conducts op-
19 certificates of inspection equal in number to the number of
20 erations which are required to be licensed pursuant to Section
20 containers in which the imported egg product is packed.
21 27991.
21
SEC. 13. Section 28085 of the Agricultural Code is amended
22
SEC. 6. Section 27993 of the Agricultural Code is
22 to read:
23 amended to read:
23
28085. The importer or consignee shall pay for the inspec-
24
27993. Annual license fees payable pursuant to Section
24 tion an inspection fee to be fixed by the State Department of
25 27992 shall become due and payable by each person approved
25 Public Health for each certificate of inspection.
26 by the State Department of Public Health on or before Janu-
26
SEC. 14. Section 28086 of the Agricultural Code is amended
27 ary 1st in each year. The fees shall be paid by the department
27 to read:
28 into the General Fund in the State Treasury.
28
28086. The certificate of inspection shall be in such form
29
SEC. 7. Section 28054 of the Agricultural Code is
29 as the State Department of Public Health deems appropriate.
30 amended to read:
30 They shall have printed upon a white background in plain
31
28054. Certificates issued pursuant to Section 28053 shall
31 black letters, not less than one inch high, "frozen eggs (or, as
32
be submitted to the State Department of Public Health prior
32 the case may be, liquid eggs, dried eggs or egg products) im-
33 to the sale of egg products covered by the certificate in inter-
33 ported into the State of California from without the United
34 state commerce.
34 States, inspected (inserting the date) by California Depart-
35
SEC. 8. Section 28055 of the Agricultural Code is
35 ment of Public Health.
36 amended to read:
36
SEC. 15. Section 28090 of the Agricultural Code is amended
37
28055. Any egg product which is packed in tin containers
37 to read:
38 that hold 30 pounds or less and sold in this state shall be
38
28090. Every public warehouse, including a cold storage
39 sold only in new containers. Plastic containers or bags may
39 warehouse, shall keep a record of, furnish to the State Depart-
40 be used if the plastic is of a type which is approved by the
40 ment of Public Health at the end of each month a statement of,
41
Department of Public Health for food contact purpose and if
41 every imported egg product received by it during the month.
42
the closure is adequate to properly seal the package from con-
42 The statement shall show all of the following:
43
tamination of any type.
43
(a) The name of the depositor.
44
SEC. 9. Section 28062 of the Agricultural Code is amended
44
(b) The quantity of the imported egg product warehoused.
45 to read:
45
(c) The type of container in which the imported egg prod-
46
28062. In addition to the procedure which is authorized
46 uct is packed.
47 by Section 28061, the State Department of Public Health
47
SEC. 16. Section 28093 of the Agricultural Code is amended
48 may adopt regulations which provide procedures for treat-
48
to read:
49 ment of egg products to make such products equally as safe
49
28093. Every importer and wholesale distributor of any
50 for human consumption as treatment by the procedure which
50 imported egg product shall furnish the State Department of
51 is provided in Section 28061.
51 Public Health both of the following:
- 6
- 7
1
(a) Within five days after the receipt of any imported egg
1
SEC. 21. Section 41581 of the Agricultural Code is amended
2 product, a statement which shows the quantity and kind of im-
2
to read:
3 ported egg product received and the type of container in
3
41581. If the Director of Public Health finds, after investi-
4 which it is packed and the place where it is stored.
4 gation and examination, that any canned fruits or vegetables,
5
(b) Within five days after any sale, a statement which shows
5 including olives, which are found in the possession of any per-
6 the person, firm, or corporation to whom the imported egg
6 son, firm, company, or corporation are misbranded or mis-
7 product was sold and the quantity and kind of the imported
7 labeled within the meaning of this chapter, he may seize such
8 egg product.
8 canned fruits or vegetables, including olives, and tag them
9
SEC. 17. Section 28141 of the Agricultural Code is amended
9 "quarantined." Such canned fruits or vegetables, including
10
to read:
10 olives, shall not thereafter be sold, removed, or otherwise dis-
11
28141. Any violation of any provision of this chapter or
11 posed of pending a hearing and final disposition as provided
12 any regulation which is made by the State Department of Pub-
12 by Chapter 3 (commencing with Section 26450), Division 21
13 lie Health pursuant to it is punishable for the first offense by
13 of the Health and Safety Code.
14 a fine not exceeding five hundred dollars ($500) and for the
14
SEC. 22. Section 56351 of the Agricultural Code is amended
15 second offense by a fine not exceeding one thousand dollars
15 to read:
16 ($1,000) or by imprisonment for not more than 90 days, or
16
56351. A claim may not be made against the seller of any
17
both.
17 farm product by a dealer or cash buyer pursuant to this chap-
18
SEC. 18. Section 41302 of the Agricultural Code is amended
18 ter, and no credit may be allowed to such dealer or cash buyer
19
to read:
19 against a producer of any farm product by reason of damage
20
41302. Any act which is made unlawful by any provisions
20 to, or loss, dumping, or disposal of any farm product which
21 of Chapter 3 (commencing with Section 26450), Division 21 of
21 is sold to such dealer or cash buyer, in any payment, account-
22 the Health and Safety Code is not made lawful by reason of
22 ing, or settlement which is made by the dealer or cash buyer
23 any provision of this part. This part does not limit the powers
23 to the producer, unless the dealer or cash buyer has secured
24 of the State Board Department of Health.
24 and is in possession of a certificate, which is issued by a com-
25
SEC. 19. Section 41331 of the Agricultural Code is amended
25 missioner, as defined in Section 26, a county health officer, the
26
to read:
26 director, a duly authorized officer of the State Board Depart-
27
41331. The Director of Public Health shall be charged
27 ment of Health, or by some other official now or hereafter
28 with the enforcement of this chapter and for that purpose he
28 authorized by law, to the effect that the farm product which
29 shall have all the powers heretofore conferred upon the Direc-
29 is involved has been damaged, dumped, destroyed, or otherwise
30 tor of Agriculture.
30 disposed of as unfit for human consumption or as in violation
31
SEC. 20. Section 41332 of the Agricultural Code is amended
31 of the fruit and vegetable standards which are contained in
32 to read
32 Division 17 (commencing with Section 42501) of this code.
33
41332. The Director of Public Health, for the purpose of
33
SEC. 23. Section 58382 of the Agricultural Code is amended
34 enforcing this chapter, may do all of the following:
34 to read
35
(a) Enter and inspect every place within the state where
35
58382. A person that receives any agricultural product,
36 canned fruits or vegetables, including olives, are canned,
36 for sale on commission or for sale or exchange for the benefit
37 stored, shipped, delivered for shipment, or sold, and inspect
37 of any other person, shall not destroy, abandon, discard as
38 all fruits or vegetables, including olives, and containers which
38 refuse, or dump, such product, without a permit in writing
39
are found in any such place.
39 from the commissioner, county health officer, director, Secre-
40
(b) Seize and retain possession of any canned olives or
40 tary Director of the State Board Department of Health, or
41 canned fruits or vegetables which are packed, shipped, de-
41 from some other official now or hereafter authorized by law
42 livered for shipment, or sold in violation of any provision of
42 to issue permits for the destruction of such product. Such
43 this chapter, and hold them pending the order of the court.
43 permits, together with a detailed statement of every product
44
(c) Cause to be instituted and to be prosecuted in the su-
44 which is destroyed pursuant to the permit, shall be kept on
45 perior court of any county of the state in which may be found
45 file by the person to whom they are issued.
46 canned olives or canned fruits or vegetables which are packed,
46
SEC. 23.1. Section 101 of the Business and Professions
47 shipped, delivered for shipment, or sold, in violation of any
47 Code is amended to read:
48 provision of this chapter, an action for the condemnation of
48
101. The department is comprised of
49 canned olives or canned fruits or vegetables as provided by
49
(a) The Board of Dental Examiners of California.
50 Chapter 3 (commencing with Section 26450), Division 21 of
50
(b) The Board of Medical Examiners of the State of Cali-
51 the Health and Safety Code.
51
fornia.
52
(c) The State Board of Optometry.
- 8 -
- 9 -
1
(d) The California State Board of Pharmacy.
1
(i) The Board of Vocational Nurse and Psychiatric Tech-
2
(c) The Board of Examiners in Veterinary Medicine.
2 nician Examiners of the State of California.
3
(f) (a) The State Board of Accountancy.
3
(j) The Board of Osteopathic Examiners.
4
(g) (b) The California State Board of Architectural Ex-
4
SEC. 24. Section 555 of the Business and Professions Code
5
aminers.
5
is amended to read:
6
(h) (c) The State Board of Barber Examiners.
6
555. The State Department of Public Health shall:
7
(i) (d) The State Board of Registration for Civil and Pro-
7
(a) Enforce the provisions of this article.
8 fessional Engineers.
8
(b) Promulgate rules and regulations necessary to carry
9
(j) (e) The Contractors' State License Board.
9
out properly the provisions of this article.
10
(k) (f) The State Board of Cosmetology.
10
(c) Print and publish any further advice and information
11
(l) (g) The State Board of Funeral Directors and Em-
11
concerning the dangers of ophthalmia neonatorum and the
12 balmers.
12 necessity for prompt and effective treatment thereof, as it
13
(m) (h) The Structural Pest Control Board.
13 deems necessary.
14
(n) (i) The Bureau of Furniture and Bedding Inspection.
14
(d) Furnish without cost copies of this article to all physi-
15
(o) The California Board of Nursing Education and Nurse
15
cians, midwives and such other persons as may be lawfully
16
Registration.
16
engaged in the practice of obstetrics or assisting at childbirths.
17
(p) (j) The State Board of Dry Cleaners.
17
(e) Keep a proper record of any and all cases of ophthalmia
18
(q) The Board of Chiropractic Examiners.
18
neonatorum filed in its office in pursuance of this article, and
19
(r) The Board of Social Work Examiners of the State of
19 as may come to its attention in any way, and such records
20
California.
20 shall constitute a part of the biennial report to the Governor
21
(s) (k) The State Athletic Commission.
21
and the Legislature.
22
(t) (l) The Cemetery Board.
22
(f) Report any and all violations of this article as may
23
(u) (m) The State Board of Guide Dogs for the Blind.
23 come to its attention to the district attorney of the county
24
(v) (n) The Bureau of Private Investigators and Adjust-
24
wherein any violation of any provision of this article has been
25
ers.
25
committed, for the purpose of prosecution.
26
(w) (o) The Certified Shorthand Reporters Board.
26
SEC. 25. Section 1435.6 of the Business and Professions
27
(x) The Board of Vocational Nurse and Psychiatric Techni-
27 Code is amended to read:
28
cian Examiners of the State of California.
28
1435.6. If the alleged incompetent person is a patient in or
29
(y) (p) The California State Board of Landscape Archi-
29
on leave of absence from a state institution under the juris-
30
tects.
30
diction of the Department of Mental Hygiene Health, the
31
(z) (q) The Collection Agency Licensing Bureau.
31 petition shall set forth the name of such institution, and a
32
(aa) (r) The Bureau of Electronic Repair Dealer Regis-
32
copy of such notice and petition shall be mailed to the Director
33
tration.
33
of Mental Hygiene Health at his office in Sacramento at least
34
(ab) (s) The Bureau of Employment Agencies.
34 10 days prior to the hearing, and the director may appear
35
(ac) The Board of Osteopathic Examiners.
35
and represent the interests of such incompetent spouse.
36
(ad) (t) Any other boards, offices, or officers subject to its
36
SEC. 26. Section 1601 of the Business and Professions Code
37
jurisdiction by law.
37
is amended to read:
38
SEC. 23.2. Section 101.5 is added to the Business and Pro-
38
1601. There is in the Department of Professional and Voca-
39
fessions Code, to read:
39 tional Standards Health a Board of Dental Examiners of Cali-
40
101.5. There are in the Department of Health the follow-
40 fornia in which the administration of this chapter is vested.
41
ing boards:
41 The board consists of seven practicing dentists and one public
42
(a) The Board of Dental Examiners of California.
42 member.
43
(b) The Board of Medical Examiners of California.
43
SEC. 27. Section 2100 of the Business and Professions Code
44
(c) The State Board of Optometry.
44 is amended to read:
45
(d) The California State Board of Pharmacy.
45
2100. There is in the Department of Professional and
46
(e) The Board of Examiners in Veterinary Medicine.
46 Vocational Standards Health a Board of Medical Examiners
47
(f) The California Board of Nursing Education and Nurse
47 of the State of California which consists of 11 members who
48
Registration.
48 shall be appointed by the Governor, one of whom shall be a
49
(g) The Board of Chiropractic Examiners.
49 public member.
50
(h) The Board of Social Work Examiners of the State of
50
Sec. 28. Section 2701 of the Business and Professions Code
51 California,
51
is amended to read:
- 11
- 10
1
2701. The Board of Nurse Examiners of the State of Cali-
1
2728. If adequate medical and nursing supervision by a
2
2 fornia, consisting of six members, is continued in existence in
professional nurse or nurses is provided, nursing service may
3 the Department of Professional and Vocational Standards
3 be given by attendants in institutions under the jurisdiction of
4 Health as the California Board of Nursing Education and
4 or subject to visitation by the State Department of Public
5 Nurse Registration.
5 Health - the State Department of Mental Hygiene or the De-
6
Within the meaning of this chapter, board, or the board,
6 partment of Corrections.
7
7 refers to the California Board of Nursing Education and
The Director of Mental Hygiene Health shall determine
8 Nurse Registration. Any reference in state law to the Board
8 what shall constitute adequate medical and nursing supervi-
9 of Nurse Examiners of the State of California shall be con-
9 sion in any institution under the jurisdiction of the State
10 strued to refer to the California Board of Nursing Education
10 Department of Mental Hygiene Health.
11
SEC. 32. Section 2841 of the Business and Professions
11 and Nurse Registration.
12
SEC. 29. Section 2718 of the Business and Professions
12 Code is amended to read:
13
13 Code is amended to read:
2841. There is hereby created continued in existence in the
14
2718. The advisory council to the Board of Nurse Exam-
14 Department of Professional and Vocational Standards Health
15 iners of the State of California is hereby continued in existence
15
a Board of Vocational Nurse and Psychiatric Technician Ex-
16 as the advisory council to the California Board of Nursing
16 aminers of the State of California, consisting of 11 members.
17 Education and Nurse Registration. The advisory council shall
17
Within the meaning of this chapter, board, or the board,
18 refers to the Board of Vocational Nurse and Psychiatric Tech-
18 be composed of
19
(a) Two persons who are members of and shall represent
19 nician Examiners of the State of California.
20
SEC. 33. Section 2842 of the Business and Professions
20 the California State Medical Association.
21
(b) One person who is a member of and shall represent the
21 Code is amended to read:
22
2842. Each member of the board shall be a citizen of the
22 California Hospital Association.
(c) One person who is a member of and shall represent
23 United States and a resident of the State of California. One
23
24 the Western Conference of the Catholic Hospital Association.
24 member shall be a duly licensed physician and surgeon; one
25
(d) Two persons who are members of and*shall represent
25 member shall be a registered nurse who shall have had not less
26 the California League for Nursing, one representative to be
26 than five years' experience as a teacher or administrator in an
27 from the nursing education department and one from the
27 accredited school of nursing offering a program of study in
28 public health department of the organization.
28 professional nursing under the provisions of Chapter 6, Di-
29
(e) Two persons who are members of and shall represent
29 vision 2 of the Business and Professions Code or in an ac-
30 the California Nurses' Association.
30 credited school of vocational nursing; one member shall be a
31
(f) One person who is a member of and shall represent the
31 hospital administrator; one member shall be a public school
32
California Teachers' Association.
32 administrator of this state; two members shall be certified
33
(g) The Director, State Department of Public Health, or
33 psychiatric technicians, each of whom shall have had not less
34 his representative.
34 than five years experience in a psychiatric hospital, or in a
35
(h) Three lay members, representing the public.
35 psychiatric unit of a hospital licensed by the Department of
The three lay members shall be appointed by the Governor
36 Public Health, or private institution licensed by the Depart-
36
for a term of three years. The other members, except for the
37 ment of Mental Hygiene Health ; and five members shall be
37
38 Director of the State Department of Public Health, who shall
38 duly licensed vocational nurses who have been licensed for a
39 serve ex officio, shall be appointed by the board for a term of
39 period of three years prior to appointment.
40 three years as provided in this section.
40
No person may serve as a member of the board for more
41
Within 30 days after this section goes into effect, and
41
than two consecutive terms.
42 thereafter within 30 days after any vacancy occurs, each of
42
Per diem and expenses of members of the board who are
43 the above mentioned organizations whose members may be
43
certified psychiatric technicians shall be paid solely from reve-
44 qualified to fill the vacancy and/or vacancies then existing,
44 nues received pursuant to the provisions of Chapter 10 (com-
45 shall submit to the board the names of persons qualified to
45
mencing with Section 4500) of Division 2.
46 represent it on said advisory council, from which said lists the
46
SEC. 34. Section 3010 of the Business and Professions
47 board shall make its appointments. The list or lists SO sub-
47 Code is amended to read:
48 mitted shall each contain not less than twice the number of
48
3010. There is in the Department of Professional and Vo-
49 names of qualified persons as there shall be vacancies existing.
49 cational Standards Health a State Board of Optometry in
Sec. 30. Section 2728 of the Business and Professions
50 which the enforcement of this chapter is vested. The board
50
51
Code is amended to read:
51 consists of six members appointed by the Governor, one of
52 whom shall be a public member.
- 12
- 13
1
Four members of the board shall constitute a quorum.
2
SEC. 35. Section 3148 of the Business and Professions
1 proved by the board wherein narcotics or dangerous drugs or
3 Code is amended to read:
2 dangerous devices, as they are herein defined, are stored,
3148. From each fee for the renewal of a certificate of reg-
3 possessed, prepared, manufactured, derived, compounded or
4 5 istration for the renewal periods ending on January 31, 1962,
4 repackaged, and from which said narcotics or dangerous drugs
6 and on January 31, 1963, respectively, there shall be paid the
5 or dangerous devices are furnished, sold, or dispensed at retail.
7 sum of eight dollars ($8), and from each fee for the renewal
6
"Pharmacy" shall not include any area in a facility li-
8 of a certificate of registration for each biennial renewal period
7 censed by the Bureau of Hospitals of the State Department
9 thereafter, there shall be paid the sum of sixteen dollars ($16)
8 of Public Health where floor supplies, ward supplies, oper-
10 by the Director of the Department of Professional and Voca-
9 ating room supplies, or emergency room supplies of drugs
11 tional Standards Health to the University. of California.
10 or dangerous devices are stored or possessed solely for treat-
This sum shall be used at and by the University of Cali-
11 ment of patients registered for treatment in the facility or
12 13 fornia solely for the advancement of optometrical research
12 for treatment of patients receiving emergency care in the
14 and the maintenance and support of the department at the
13 facility.
15 university in which the science of optometry is taught.
14
"Narcotics or dangerous drugs or dangerous devices" as
16
The balance of each renewal fee shall be paid into the op-
15 used herein shall include but is not limited to all narcotics,
17 tometry fund.
16 drugs or devices which are included within one or more of the
18
SEC. 36. Section 3151 of the Business and Professions Code
17 following classifications:
19 is amended to read:
18
(a) Drugs or devices bearing the legend, "Caution, federal
3151. The Director of Professional and Vocational Stand-
19 law prohibits dispensing without prescription," or words of
20 21 ards Health shall, within 30 days prior to each general session
20 similar import.
22 of the Legislature, submit to the Governor a full and true
21
(b) Narcotics as defined by Sections 11001 and 11002 of
23 report of transactions under this chapter during the current
22 the Health and Safety Code.
24 biennium, including a complete statement of receipts and ex-
23
(c) Drugs or devices enumerated in Section 4211 of this
25 penditures during that period.
24 code.
In addition, the Director of Professional and Vocational
25
(d) Drugs or devices heretofore or hereafter classified as
26 27 Standards Health, within 10 days after the beginning of each
26 dangerous by the board pursuant to Sections 4061 and 4240
28 month, shall report to the State Controller all collections and
27 of this code.
29 receipts for the preceding month, and at the same time shall
28
(e) Poisons, hypodermic syringes and needles, or other
30 pay them into the Optometry Fund in the State Treasury.
29 drugs or devices, the sale of which is restricted by law to a
SEC. 37. Section 4000 of the Business and Professions Code
30 registered pharmacist.
31
32 is amended to read:
31
All pharmacies in existence on the effective date of this
4000. There is in the Department of Professional and Vo-
32 section shall comply with the provisions of this section within
33 cational Standards Health a California State Board of Phar-
33 five years following the effective date thereof.
34 35 macy in which the administration and enforcement of this
34
SEC. 40. Section 4047 of the Business and Professions Code
36 chapter is vested. The board consists of eight members who
35 is amended to read:
37 shall be appointed by the Governor.
36
4047. As used in this chapter, "licensed or county hospi-
SEC. 38. Section 4006 of the Business and Professions Code
37 tal" means an institution, place, building, or agency which
38
39 is amended to read:
38 maintains and operates organized facilities for one or more
4006. The executive secretary shall give receipts for all
39 persons for the diagnosis, care, and treatment of human ill-
40 41 money received by him and pay it to the Department of Pro-
40 nesses to which persons may be admitted for overnight stay,
42 fessional and Vocational Standards Health, taking its receipt
41 and includes any institution classified under regulations issued
43 therefor. Besides the duties required by this chapter, the exec-
42 by the Bureau of Hospitals of the State Department of Public
44 utive secretary shall perform such other duties pertaining to
43 Health as a general or specialized hospital, as a maternity
45 his office as may be required of him by the board.
44 hospital, or as a tuberculosis hospital, but does not include a
SEC. 39. Section 4035 of the Business and Professions Code
45 sanatorium, rest home, a nursing or convalescent home, a
46
47 is amended to read:
46 maternity home, an institution for treating alcoholics, or
4035. Pharmacy is an area, place or premises in which the
47 lying-in asylums.
48 49 profession of pharmacy is practiced and where prescriptions
48
SEC. 41. Section 4160 of the Business and Professions Code
50 are compounded. "Pharmacy" means and includes but is not
49 is amended to read:
51 limited to any area, place or premises described in a permit
50
4160. "Poison" means and includes the compositions of
52 issued by the board by reference to plans filed with and ap-
51 the following schedules:
14
- 15 -
1
Schedule "A"
1
2
2
(k) Chloroform or ether, and preparations containing five
3
(a) Arsenic compounds and preparations.
3
percent (5.0%) or more of these compounds, except prepara-
tions made and labeled for external use only.
4
(b) Cyanides and preparations, including hydrocyanic acid.
4
5
(l) Methyl alcohol or formaldehyde, and preparations con-
5
(c) Fluorides soluble in water, and preparations.
taining one percent (1.0%) or more of these compounds, ex-
6
(d) Mercury compounds and preparations, except prepara-
7
tions made and labeled for external use only and containing
7 6 cept when used as a preservative and not sold to the general
public.
8
not more than five-tenths percent (0.5%) total mercury, and
8
(m) Phenol or carbolic acid, cresols or other phenol deriva-
9
except ointments or soaps containing not more than two per-
9
10
tives, soluble in water, and preparations containing five per-
10 cent (2.0%) total mercury or not more than ten percent
cent (5.0%) or more of these compounds.
11 (10.0%) ammonium mercuric chloride or mercuric oxide.
11
(n) Nitroglycerine and nitrites.
12
(e) Phosphorus and preparations.
12
13
(f) Thallium compounds and preparations.
13
(o) Nicotine and preparations containing nicotine expressed
as alkaloid more than two percent (2.0%).
14
(g) Aconite, belladonna, cantharides, cocculus, conium, dig-
14
(p) Ergot, cottonroot, pennyroyal and larkspur, or their
15 italis, gelsemium, hyoscyamus, nux vomica, santonica, stra-
15
contained or derived active compounds or mixtures thereof.
16 monium, strophanthus, veratrum, or their contained or derived
16
17 active compounds and preparations, except preparations made
17
Schedule "C"
18 and labeled for external use only, and except preparations con-
18
19 taining not more than four-thousandths percent (0.004%)
19
(a) Carbon tetrachloride.
20 total belladonna alkaloids or not more than two-hundredths
20
(b) Camphorated oil.
21 percent (0.02%) total nux vomica alkaloids, and except prepa-
21
(c) Boric acid.
22 rations in dosage forms each containing not more than two-
22
23
tenths milligram (0.20 mg.) total belladonna alkaloids or not
23
Schedule "D"
24
more than one milligram (1.0 mg.) total nux vomica alkaloids.
24
25
(h) Zinc phosphide and preparations.
25
(a) Any glue or cement containing toluene.
26
(i) Sodium fluoroacetate and preparations.
26
(b) Any glue or cement containing a substance which the
27
27 Department of Public Health has determined by regulations
28
Schedule "B"
28
adopted pursuant to the Administrative Procedure Act (Chap-
29
29
ter 4 (commencing with Section 11370), Chapter 4.5 (com-
30
(a) Antimony, barium, copper, lead, silver or zinc com-
30 mencing with Section 11371), and Chapter 5 (commencing
31
pounds soluble in water, and preparations containing five
31
with Section 11500), Part 1, Division 3, Title 2, Government
32
percent (5.0%) or more of these compounds.
32
Code) has toxic qualities similar to toluene and should, in the
33
(b) Bromine or iodine and preparations.
33 article. interest of public safety, be subject to the provisions of this
34
(c) Hypochlorous acid, free or combined, and preparations
34
35
that yield ten percent (10.0%) or more of available chlorine,
35
Subdivisions (a). and (b) of Schedule "D" shall not apply
36
excepting chloride of lime or bleaching powder.
36
to any glue or cement which has been certified by the Depart-
37
(d) Permanganates soluble in water, and preparations con-
37
ment of Public Health as containing a substance which makes
38
taining five percent (5.0%) or more of these compounds.
38 such glue or cement malodorous or causes such glue or cement
39
(e) Nitric acid and preparations containing five percent
39
to induce sneezing, nor shall subdivisions (a) and (b) of
40
(5.0%) or more of the free acid.
40 Schedule "D" apply where the glue or cement is sold, deliv-
41
(f) Hydrochloric, hydrobromic or sulfuric acids, and prepa-
41
ered, or given away simultaneously with or as part of a kit used
42 rations containing ten percent (10.0%) or more of the free
42
for the construction of model airplanes, model boats, model
43
acids.
43
automobiles, model trains, or other similar models.
44
(g) Oxalic acid or oxalates, and preparations containing
44
SEC. 42. Section 4360 of the Business and Professions Code
45
ten percent (10.0%) or more of these compounds.
45
is amended to read:
46
(h) Acetic acid and preparations containing twenty percent
46
47
(20.0%) or more of the free acid.
4360. A person whose certificate, license, permit, registra-
47 tion or exemption has been revoked or suspended for more
48
(i) Potassium or sodium hydroxides, and preparations con-
48 than one year, may petition the board to reinstate the certifi-
49
taining ten percent (10.0%) or more of the free alkalies.
49 cate, license, permit, registration or exemption after a period
50
(j) Ammonia solutions or ammonium hydroxide, and prepa-
50 of not less than one year has elapsed from the date of the
51 rations containing five percent (5.0%) or more of free am-
51 revocation or suspension.
52 monia.
- 16 -
- 17 -
1
The petition shall state such facts as may be required by
2 the board. The petition shall be accompanied by two or more
1 branch of cosmetology. Such rules shall be adopted in accord-
3 verified recommendations from holders of certificates, licenses,
2 ance with the provisions of the Administrative Procedure Act,
4 permits, registrations or exemptions issued by the board to
4 and approved by such department prior to transmission to the
3 and shall be submitted to the Department of Public Health,
5 which the petition is addressed and by two or more recommen-
6 dations from citizens each having personal knowledge of the
5 Department of Professional and Vocational Standards for
7 activities of the petitioner since the disciplinary penalty was
7 6 filing with the Secretary of State. A copy of all such rules
8 imposed. The petition shall be heard at the next regular meet-
shall be furnished to each licensee.
8
9 ing of the board, held not earlier than 30 days after the peti-
SEC. 45. Section 9001 of the Business and Professions
10 tion was filed. The hearing may be continued from time to
9 Code is amended to read:
10
11 time as the board-finds necessary. No petition shall be consid-
9001. There is in the Department of Professional and Vo
12 ered while the petitioner is under sentence for any criminal
11 cational Standards Health a Social Worker and Marriage
13 offense, including any period during which he is on probation
12 Counselor Qualifications Board of the State of California,
14 or parole.
13 which consists of nine memebrs appointed by the Governor
15
In determining whether the disciplinary penalty should be
14 with the advice and consent of the Senate.
16 set aside and the terms and conditions, if any, which should
15
SEC. 46. Section 9007 of the Business and Professions
17 be imposed if the disciplinary penalty is set aside, the board
16 Code is amended to read:
17
18 may investigate and consider all activities of the petitioner
9007. With the approval of the Director of Professional and
19 since the dsciplinary action was taken against him, the offense
18 Vocational Standards Health, the board shall fix the salary
20 for which he was disciplined, his activity during the time his
19 of the executive secretary.
21 certificate, license, permit, registration or exemption was in
20
SEC. 47. Section 23007 of the Business and Professions
22 good standing, and his general reputation for truth, profes-
21 Code is amended to read:
22
23 sional ability and good character. The affirmative vote of at
23007. "Wine" means the product obtained from normal
24 least five members of the board is necessary to set aside a
23 alcoholic fermentation of the juice of sound ripe grapes or
25 penalty and to restore a certificate, license, permit, registra-
25 24 other agricultural products containing natural or added sugar
26 tion or exemption with or without terms, conditions and re-
or any such alcoholic beverage to which is added grape brandy,
27 strictions. The board may grant or deny, without a hearing or
27 26 fruit brandy, or spirits of wine, which is distilled from the
28 argument, any petition filed pursuant to this section, where
particular agricultural product or products of which the wine
29 the petitioner has been afforded a hearing upon any petition
28 is made and other rectified wine products and by whatever
30 filed pursuant to this section within a period of two years
30 29 name and which does not contain more than 15 percent added
31 immediately preceding the filing of such petition.
flavoring, coloring, and blending material and which contains
32
The executive secretary shall enter in his records of the
32 31 not more than 24 percent of alcohol by volume, and includes
33 case all actions of the board in setting aside a disciplinary
vermouth and sake, known as Japanese rice wine.
34 penalty under this section, and he shall certify notices to the
33
Nothing contained in this section affects or limits the power,
35 Department of Professional and Vocational Standards Health.
34 authority, or duty of the Department of Public Health in the
36 The Department of Professional and Vocational Standards
35 enforcement of the laws directed toward préventing the manu-
37 Health shall make such changes on its records as may be
36 facture, production, sale, or transportation of adulterated, mis-
38 necessary.
37 branded, or mislabeled alcoholic beverages, and the definition
39
SEC. 43. Section 4800 of the Business and Professions
38
of "wine" contained in this section is limited strictly to the
40
Code is amended to read
39 purposes of this division and does not extend to, or repeal by
41
4800. There is in the Department of Professional and Voca-
40 implication, any law preventing the production, manufacture,
42 tional Standards Health a Board of Examiners in Veterinary
41 sale, or transportation of adulterated, misbranded, or misla-
43 Medicine in which the administration of this chapter is vested.
42 beled alcoholic beverages.
The board consists of six members appointed by the Governor,
43
44
Sec. 48. Section 4011 of the Fish and Game Code is
45
one of whom shall be a public member.
44 amended to read:
46
SEC. 44. Section 7311 of the Business and Professions
45
4011. Fur-bearing mammals and game mammals when in-
47
Code is amended to read:
46 volved in dangerous disease outbreaks, may be taken by duly
48
7311. The board may adopt such rules governing sanitary
47 constituted federal officers of the United States Departments
49 conditions, and precautions to be employed as are reasonably
48 of Agriculture, Interior, and Public Health and state officers
50 necessary to prevent the creating or spreading of infectious or
49 of the California Departments of Agriculture, Public Health,
51 contagious diseases in cosmetological establishments, schools of
50 and Fish and Game.
52 cosmetology, in the practice of a cosmetologist, and in any
2-80068-C
- 18 -
- 19 -
1
SEC. 49. Section 5671 of the Fish and Game Code is
2 amended to read:
1
(o)
3
5671. The State Department of Public Health may:
2
(n) State Librarian.
4
(a) Examine any area from which shellfish may be taken.
3
SEC. 53. Section 11200 of the Government Code is amended
5
(b) Determine whether the area is subject to sewage con-
4
to read:
6
tamination.
5
11200. The Governor, upon recommendation of the director
7
(c) Determine whether the taking of shellfish from the area
6 of the following state departments, may appoint not to exceed
8 does or may constitute a menace to the lives or health of human
7 two chief deputies for the Directors of the Departments of
9
beings.
8 Finance, Public Works, and General Services, and Mental Hy-
10
SEC. 50. Section 5672 of the Fish and Game Code is
9 giene, and not to exceed one chief deputy for the Directors of
11 amended to read:
10 the Departments of Social Welfare, Agriculture, Insurance,
12
5672. Upon the determination by the Department of Pub-
11 Employment, Motor Vehicles, Professional and Vocational
13 lie Health that the area is or may be subject to sewage con-
12 Standards, and Water Resources.
14 tamination, and that the taking of shellfish from it does or
13
The deputies provided for in this section shall be in addi-
15 may constitute a menace to the lives or health of human beings,
14 tion to those authorized by any other law.
16 it shall ascertain as accurately as it can the bounds of the
15
SEC. 54. Section 11550.5 of the Government Code is
17 ,contamination, and shall post notices on or in the area describ-
16 amended to read:
18 ing its bounds and prohibiting the taking of shellfish there-
17
11550.5. An annual salary of thirty-two thousand five
19 from.
18 hundred dollars ($32,500) shall be paid to each of the follow-
20
The taking of shellfish from the area is unlawful after the
19 ing:
21 completion of the publication of the notices as prescribed in
20
(a) Director of Mental Hygiene.
22 this article.
21
(b) Director of Public Health.
23
SEC. 51. Section 5674 of the Fish and Game Code is
22
SEC. 55. Section 12803 of the Government Code is amended
24 amended to read:
23 to read:
25
5674. The Department of Public Health shall enforce the
24
12803. The Health and Welfare Agency is hereby renamed
26 provisions of this article, and for that purpose the inspectors
25
the Human Relations Agency.
27 and employees of that agency may enter at all times upon
26
The Human Relations Agency consists of the following
28 public or private property upon which shellfish may be located.
27 departments: Social Welfare Mental Hygiene; Rehabilitation;
29
SEC. 52. Section 1322 of the Government Code is amended
28 Public Health; Human Resources Development; the Youth
30 to read
29 Authority; Corrections; Health Care Services; and Industrial
31
1322. In addition to any other statutory provisions requir-
30 Relations.
32 ing confirmation by the Senate of officers appointed by the
31
SEC. 56. Section 3229 of the Harbors and Navigation Code
33 Governor, the appointments by the Governor of the following
32 is amended to read:
34 officers and the appointments by him to the listed boards and
33
3229. The board of health State Department of Health may
35
commissions are subject to confirmation by the Senate:
34 enforce compulsory vaccination on passengers in infected
36
(a) California Horse Racing Board.
35 vessels or vessels coming from infected ports.
37
(b) Certified Shorthand Reporters Board.
36
SEC. 57. Section 3230 of the Harbors and Navigation Code
38
(c) Chief, Division of Housing.
37 is amended to read:
39
(d) Chief, Division of Industrial Safety.
38
3230. The board of health State Department of Health may
40
(e) Chief, Division of Industrial Welfare.
39 provide suitable hospitals, to be situated at or near Sausalito,
41
(f) Chief, Division of Labor Law Enforcement.
40 and furnish and supply them with nurses and attachés, and
42
(g) Commissioner of Corporations.
41 remove thereto all persons afflicted with cholera, smallpox,
43
(h) Contractors State License Board.
42 yellow fever, typhus fever, or ship fever.
44
(i) Director of Fish and Game.
43
SEC. 58. Section 21 of the Health and Safety Code is
45
(j) Director of Mental Hygiene.
44 amended to read:
46
(k) Director of Public Health.
45
21. "Director" means "Director of Public Health.'
47
(l)
46
SEC. 59. Section 22 of the Health and Safety Code is
48
(k) Real Estate Commissioner.
47 amended to read
49
(m)
48
22. "Board" means or "State Board of Public Health "
50
(l) State Athletic Commission.
49 means "State Department of Health," with respect to regu-
51
(n)
50 latory functions heretofore performed by the State Board of
52
(m) State Board of Barber Examiners.
51 Public Health or the "Advisory Health Council" with respect
52 to all other functions heretofore performed by the board.
- 21 -
- 20
1
106. The Department of Health shall have the possession
1
SEC. 60. The heading of Part 1 (commencing with Section
2
and control of all records, papers, officers, equipment, supplies,
2 100) of Division 1 of the Health and Safety Code is amended
3 moneys, funds, appropriations, land or other property, real or
3
to read
4 personal, held for the benefit or use of any state agency the
4
5 functions of which are vested in the Department of Health by
5 PART 1. STATE DEPARTMENT OF PUBLIC HEALTH
6 Section 103.
6
7
107. All officers or employees of the Department of Health
7
SEC. 61. Chapter 1 (commencing with Section 100) of Part
8 employed after the operative date of this section shall be ap-
8 1 of Division 1 of the Health and Safety Code is repealed.
9 pointed by the Director of Health. Notwithstanding the fore-
9
SEC. 62. Chapter 1 (commencing with Section 100) is
10 going, four Deputy Directors of Health shall be appointed by
10 added to Part 1 of Division 1 of the Health and Safety Code,
11 the Governor, with the advice of the Director of Health, to
11 to read:
12 serve at the pleasure of the Director of Health. The four dep-
12
CHAPTER 1. ORGANIZATION
13 uty directors shall be exempt from civil service. The annual
13
14 salaries of the four exempted deputy directors shall be fixed
14
100. There is in the state government in the Human Rela-
15 by the Director of Health, subject to the approval of the
15 tions Agency, a Department of Health.
16 Director of Finance.
16
101. The Department of Health is under the control of an
17
108. The Public Health Federal Fund in the State Treas-
17
executive officer known as the Director of Health, who shall be
18 ury is hereby created. All grants of money received by this
18
appointed by the Governor, subject to confirmation by the Sen-
19 state from the United States, the expenditure of which is
19 ate, and hold office at the pleasure of the Governor. He shall
20 administered through or under the direction of the State De-
20 receive the annual salary provided by Article 1 (commencing
21 partment of Public Health, shall, on order of the State Con-
21 with Section 11550) of Chapter 6 of Part 1 of Division 3 of
22 troller, be deposited in the Public Health Federal Fund.
22 Title 2 of the Government Code.
23
109. All money in the Public Health Federal Fund is
23
102. The Director of Health shall have the powers of a head
24 hereby appropriated to the State Department of Health, with-
24 of the department pursuant to Chapter 2 (commencing with
25 out regard to fiscal years, for expenditure for the purposes for
25 Section 11150) of Part 1 of Division 3 of Title 2 of the Govern-
26 which the money deposited therein is made available by the
26 ment Code.
27 United States for expenditure by the state.
27
103. The Department of Health succeeds to and is vested
28
110. The State Department of Health and the State Con-
28 with all the duties, powers, purposes, responsibilities, and
29 troller shall keep a record of the classes and sources of income
29 jurisdiction of the Department of Mental Hygiene, the Depart-
30 deposited in, or transferred to, the Public Health Federal
30 ment of Public Health, the Department of Health Care Serv-
31 Fund, and of the disbursements and transfers therefrom.
31 ices, the Department of Social Welfare, with respect to social
32
111. The Director of Finance and the State Controller
32 service functions thereof, the Department of Rehabilitation,
33 may approve any general plan whereby:
33 with respect to its alcoholism program, and the State Board of
34
(a) Any expenditures which are a proper charge against
34 Public Health, with respect to its powers to issue, amend, and
35 the money made available by the United States and deposited
35 revoke, rules and regulations and licenses or permits.
36 in the Public Health Federal Fund may be paid in the first
36
104. The Department of Health may use the unexpended
37 instance from any appropriation from the General Fund, ex-
37 balance of funds available for use in connection with the per-
38 penditures from which are administered through or under the
38 formance of the functions of any of the departments or boards
39 direction of the State Department of Health, and
39 to which the Department of Health has succeeded pursuant to
40 41 an appropriation from any special fund in the State Treasury,
(b) Any expenditures which are a proper charge against
40 Section 103.
41
105. All officers and employees of any department or board,
42 expenditures from which are administered through or under
42 heretofore vested with any duty, power, purpose, responsibil-
43 the direction of the State Department of Health, may be paid
43 ity, or jurisdiction to which the Department of Health has
44 in the first instance from any appropriation from the General
44 succeeded, who, on the operative date of this section, are serv-
45 Fund, expenditures from which are administered through or
45 ing in the state civil service, other than as temporary employ-
46 under the direction of said department, and
46 ees, and engaged in the performance of a function vested in
47 the Department of Health by Section 103 shall be transferred
47 48 tures made therefrom that are a proper charge against the
(c) The General Fund shall be reimbursed for expendi-
48 to the Department of Health. The status, positions, and rights
49 Public Health Federal Fund or against any appropriation
49 of such persons shall not be affected by the transfer and shall
50 from any special fund.
50 be retained by them as officers and employees of the Depart-
51
Such a general plan may provide for advance transfers from
51 ment of Health, pursuant to the State Civil Service Act except
52 the Public Health Federal Fund to the General Fund, based on
00 to nositions exempted from civil service
- 22 -
- 23 -
estimates of such expenditures that will be subject to reim-
1
Sec. 66. Section 217 of the Health and Safety Code is
bursement from the Public Health Federal Fund pursuant to
2
amended to read:
such plan, and may provide for reimbursements to the Public
3
217. All policemen, sheriffs, deputy sheriffs, members of
Health Federal Fund, when necessary.
4 the California Highway Patrol, and firemen in this state shall
5
Request for reimbursement or transfer pursuant to such a
5 be trained to administer first aid. The training, which shall
6
plan shall be furnished to the State Controller in writing by
6 at least meet the standards of the standard American Red
7
the State Department of Health, accompanied by such finan-
7 Cross training in first aid, shall be satisfactorily completed
8
cial statements as the plan may provide; and on order of the
8 by such policemen, sheriffs, deputy sheriffs, members of the
9
State Controller, the required amount shall be transferred in
9 California Highway Patrol, and firemen, as soon as practical,
0
accordance therewith.
10 but in no event more than one year after the date of employ-
1
112. All grants or donations of money received by the
11 ment. Satisfactory completion of a refresher course approved
2
state from sources other than the United States, the expendi-
12 by the State Department of Public Health in first aid every
3
ture of which is administered through or under the direction
13 three years shall also be required.
4
of the State Department of Health, shall, on order of the State
14
Presently employed policemen, sheriffs, deputy sheriffs, mem-
5
Controller, be deposited in the Special Deposit Fund, subject
15 bers of the California Highway Patrol, and firemen shall satis-
6
to the provisions of Article 2 of Chapter 2 of Part 2 of Division
16 factorily complete first aid training by July 1, 1969.
7
4 of Title 2 of the Government Code. The State Controller shall
17
This section shall not apply to policemen, sheriffs, deputy
8
designate, by name, separate accounts within the Special De-
18
sheriffs, members of the California Highway Patrol, and fire-
.9
posit Fund covering the accountability for each class of grant
19
men whose duties are primarily clerical or administrative.
or donation deposited under the provisions of this section and
20
As used in this section, "fireman" means any regularly em-
the State Department of Health and the State Controller shall
21
ployed and paid officer, employee, or member of a fire depart-
22
keep a record of the classes and sources of income deposited
22 ment or fire protection or firefighting agency of the State of
3
in, or transferred to, each of such accounts in the Special De-
23 California, a city, county, city and county, district, or other
posit Fund, and of the disbursements therefrom.
24 public or municipal corporation or political subdivision of this
All moneys deposited in the Special Deposit Fund under
25 state or member of an emergency reserve unit of a volunteer
the provisions of this section shall be available, without regard
26. fire department or fire protection district.
to fiscal years, for expenditure for the purposes for which such
27
SEC. 67. Section 249 of the Health and Safety Code is
money wasmade available to the state.
28
amended to read:
SEC. 63. Section 200 of the Health and Safety Code is
29
249. The Department of Public Health shall establish and
amended to read:
30
administer a program of services for physically defective or
200. The State Department of Public Health shall examine
31
handicapped persons under the age of 21 years, in cooperation
into the causes of communicable disease in man and domestic
32 with the federal government through its appropriate agency
animals occurring or likely to occur in this state.
33
or instrumentality, for the purpose of developing, extending
SEC. 64. Section 205 of the Health and Safety Code is
34
and improving such services. The department shall receive
amended to read:
35
and expend all funds made available to it by the federal gov-
205. It may commence and maintain all proper and neces-
36
ernment, the state, its political subdivisions or from other
sary actions and proceedings for any or all of the following
37
sources, and it shall have power to supervise those services
purposes:
38 included in the state plan which are not directly administered
39
(a) To enforce its rules and regulations.
39 by the state. The department shall cooperate with the medical,
10
(b) To enjoin and abate nuisances dangerous to health.
40 health, nursing and welfare groups and organizations con-
11
(c) To compel the performance of any act specifically en-
41 cerned with the program, and any agency of the state charged
2
joined upon any person, officer, or board, by any law of this
42 with the administration of laws providing for vocational reha-
3
state relating to the public health.
43
bilitation of physically handicapped children.
(d) To protect and preserve the public health.
44
Sec. 68. Section 280 of the Health and Safety Code is
15
It may defend all actions and proceedings involving its
45
amended to read:
powers and duties. In all actions and proceedings it shall sue
46
280. It is the policy of the State of California to make
and be sued under the name of the Department of Public
47 every effort to detect, as early as possible, phenylketonuria
Health.
3
48 and other preventable heritable disorders leading to mental
SEC. 65. Section 214 of the Health and Safety Code is
49
retardation or physical defects.
amended to read:
50
The State Department of Public Health shall have the re-
214. The State Department of Public Health shall enforce
51
sponsibility of designating tests and regulations to be used in
2
the provisions of Section 383b of the Penal Code.
52
executing this policy. Such tests shall be in accordance with
- 24
- 25
1 accepted medical practices and shall be administered to each
1
350. The State Department of Public Health shall estab-
2 child born in California at such time as the department has
2 lish and maintain a division in the Department of Public
3 established appropriate regulations and testing methods.
3 Health to be known as the Division of Dental Health to study,
4
The department shall inform all hospitals or physicians, or
4 plan, and under the supervision of the director of the depart-
5 both, of required regulations and tests and may alter or with-
5 ment to administer all functions of the department relating to
6 draw any such requirements whenever sound medical practice
6 dentistry and all matters relating to dentistry shall be referred
7 SO indicates.
7 to the dental division.
8
The department shall report to the Governor and the Legis-
8
SEC. 75. Section 351 of the Health and Safety Code is
9 lature annually as to the progress and effect of testing pro-
9
repealed.
10 grams.
10
351. The Director of Public Health shall appoint a chief
11
The provisions of this section shall not apply if a parent or
11 of the division who shall be a graduate dentist eligible to Hi-
12 guardian of the newborn child objects to a test on the ground
12
cense in the State of California.
13
that the test conflicts with his religious beliefs or practices.
13
SEC. 76. Section 354 of the Health and Safety Code is
14
SEC. 69. Section 291 of the Health and Safety Code is
14
repealed.
15
amended to read:
15
354. The State Department of Public Health shall have
16
291. (a) The blood specimen obtained shall be submitted to
16 the power to receive for the division any financial aid granted
17 a licensed clinical laboratory for a determination of rhesus
17 by any private, federal, state, district, or local or other grant
18 (Rh) blood type and the results reported (1) to the physician
18 OF source, and the division shall use such funds to carry out
19 and surgeon or other person engaged in the prenatal care of
19 the provisions and purposes of this article.
20 the woman or attending such woman at the time of delivery,
20
SEC. 77. Section 374 of the Health and Safety Code is
21 and (2) to the woman tested.
21 amended to read:
22
(b) The State Board of Public Department of Health shall
22
374. The State Department of Public Health shall main-
23 adopt such rules and regulations as it determines are reason-
23 tain a laboratory and such branch laboratories as may be neces-
24 ably necessary for the implementation of the provisions of sub-
24 sary to perform the microbiological, physical and chemical
25 division (a) of this section.
25 analyses required to meet the responsibilities of the depart-
26
SEC. 70. Section 300 of the Health and Safety Code is
26
ment.
27
amended to read:
27
SEC. 78. Section 382 of the Health and Safety Code is
28
300. The State Department of Public Health shall maintain
28
amended to read:
29 a program of child health.
29
382. No person shall be awarded a scholarship under sub-
30
SEC. 71. Section 304 of the Health and Safety Code is
30 division (a) or (b) of Section 381 unless:
31 amended to read:
31
(a) He is a resident of California.
32
304. Every licensed physician and surgeon or other person
32
(b) He is licensed as a registered nurse by this state.
33 attending a newborn infant diagnosed as having had rhesus
33
(c) He has complied with all the rules and regulations
34 (Rh) isoimmunization hemolytic disease shall report such con-
34
adopted pursuant to this article.
35 dition to the State Department of Public Health on report
35
(d) He has agreed that he will continue his education to
36 forms prescribed by the department.
36 completion of the bachelor's degree or a program supple-
37
SEC. 72. Section 305 of the Health and Safety Code is
37 mental to a bachelor's degree required for admission to mas-
38
amended to read
38 ter level studies in nursing, and that after completion of the
39
305. The State Department of Public Health shall report
39 requirements of Section 381 (a) or (b), and within a period
40 the number of reported cases of rhesus (Rh) isoimmunization
40 of time to be determined by the State Department of Public
41 hemolytic disease to the Legislature on the fifth legislative day
41 Health will enroll in an accredited master's degree program
42 of the 1971 Regular Session of the Legislature.
42 in teaching or supervision in a clinical nursing area.
43
SEC. 73. Section 310 of the Health and Safety Code is
43
(e) He agrees that immediately upon completion of his
44
amended to read
44 graduate study, either master's degree or post-master's pro-
45
310. The State Department of Public Health shall initiate
45 gram, he will assume an employment obligation in California
46
and carry out a pilot project in two areas of the state for the
46 in teaching or supervision in a clinical nursing area, for not
47 purpose of determining the extent of the needs of severely
47 less than one year.
48 handicapped persons of normal mentality for residential care
48
SEC. 79. Section 384 of the Health and Safety Code is
49
and to determine how best to meet these needs.
49
amended to read:
50
SEC. 74. Section 350 of the Health and Safety Code is
50
384. The State Department of Public Health shall admin-
51
repealed.
51 ister the program of nursing education scholarships and shall
52 for such purpose, adopt such rules and regulations as it deter-
- 26 -
- 27 -
1
mines are necessary to carry out the provisions of this article.
1 person or estate, of any mentally retarded person, who is
2
SEC. 80. Section 400 of the Health and Safety Code is
2 either of the following (1) Eligible for the services of a
3
amended to read:
3 regional center. (2) A patient in any state hospital, and
4
400. The State Department of Public Health shall maintain
4 who was admitted or committed to such hospital from a
5
a program of sanitary engineering.
5 county served by a regional center.
6
Sec. 81. Section 405 of the Health and Safety Code is
6
SEC. 84. Section 416.9 of the Health and Safety Code is
7
amended to read:
7
amended to read:
8
405. The State Department of Public Health may main-
8
416.9. The court may appoint the Director of Public
9 tain a program of accidental injury study and control, includ-
9 Health as guardian or conservator of the person and estate
10
ing but not limited to, all of the following:
10 or person or estate of a minor or adult mentally retarded
11
(a) The conduct of studies to determine the health and
11 person. The preferences established in Probate Code Section
12
human components of accidental injury.
12 1753 for appointment of a conservator shall not apply. An
13
(b) The study of factors associated with prompt and effi-
13 appointment of the Director of Public Health as conservator
14
cient emergency treatment of accidental injuries.
14 shall not constitute a judicial finding that the mentally re-
15
(c) The study of human and environmental factors in the
15
tarded person is legally incompetent.
16
occurrence of accidental injury.
16
SEC. 85. Section 416.10 of the Health and Safety Code is
17
(d) The development of control programs to reduce the
17
amended to read:
18
frequency and severity of accidental injuries resulting from
18
416.10. No appointment of both the Director of Public
19 health and other human factors, either alone or in combina-
19 Health and a private guardian or conservator shall be made
20 tion with environmental factors.
20 for the same person and estate, or person or estate. The Di-
21
(e) Consultation with and assistance to local health depart-
21 rector of Public Health may be appointed as provided in
22
ments and other agencies in the development and maintenance
22 this article to succeed an existing guardian or conservator
23 of programs for the prevention and control of accidental
23 upon the death, resignation or removal of such guardian or
24 injuries.
24
conservator.
25
SEC. 82. Section 410 of the Health and Safety Code is
25
SEC. 86. Section 416.12 of the Health and Safety Code is
26
amended to read
26
amended to read:
27
410. The State Department of Public Health shall define
27
416.12. The Director of Public Health shall file an official
28
disorders characterized by lapses of consciousness for the pur-
28 bond in no event less than twenty-five thousand dollars ($25,-
29
poses of the reports hereinafter referred to:
29 000), which bond shall inure to the joint benefit of the several
30
(1) All physicians shall report immediately to the local
30 guardianship or conservatorship estates and the State of Cali-
31
health officer in writing, the name, date of birth, and address
31 fornia, and the Director of Public Health shall not be required
32
of every person diagnosed as a case of a disorder characterized
32 to file bonds in individual cases.
33
by lapses of consciousness.
33
SEC. 87. Section 416.13 of the Health and Safety Code is
34
(2) The local health officer shall report in writing to the
34 amended to read:
35
state department the name, age, and address, of every person
35
416.13. The appointment by the court of the Director of
36 reported to it as a case of a disorder characterized by lapses
36 Public Health as conservator or guardian shall be by the title
37
of consciousness.
37 of his office. The authority of the Director of Public Health
38
(3) The state department shall report to the State Depart-
38 as conservator or guardian shall cease upon the termination of
39 ment of Motor Vehicles the names, dates of birth, and ad-
39 his term of office as such Director of Public Health and his
40 dresses, of all persons reported as a case of a disorder char-
40 authority shall vest in his successor or successors in office
41 acterized by lapses of consciousness by the physicians and local
41 without further court proceedings. The Director of Public
42
health officers.
42 Health shall not resign as conservator or guardian unless his
43
(4) Such reports shall be for the information of the State
43 resignation is approved by the court.
44
Department of Motor Vehicles in enforcing the provisions of
44
SEC. 88. Section 416.14 of the Health and Safety Code is
45
the Vehicle Code of California, and shall be kept confidential
45 amended to read:
46
and used solely for the purpose of determining the eligibility
46
416.14. The Director of Public Health shall consult with
47
of any person to operate a motor vehicle on the highways of
47 mentally retarded persons and their families with respect to
48
this state.
48 the services he offers, and, in addition, shall:
49
Sec. 83. Section 416 of the Health and Safety Code is
49
(a) Act as adviser for those mentally retarded persons who
50
amended to read:
50 request his advice and guidance or for whose benefit it is
51
416. The Director of Public Health may be appointed as
51
requested.
52
either guardian or conservator of the person and estate, or
- 28 -
- 29 -
1
(b) Accept appointment as conservator of the person and
1 represent the lay public. The chairman of the committee shall
2
estate, or person or estate, of those mentally retarded persons
2 be appointed by the Governor. This committee shall establish
3 who need his assistance and protection, but who have not been
3 standards for the expenditure of state funds which are pro-
4 judicially determined to be legally incompetent. Such appoint-
4 vided for the establishment and support of regional dialysis
5 ment shall not constitute a finding that the mentally retarded
5 centers to assure the availability of specialized personnel, re-
6 person is legally incompetent.
6 sources, and equipment necessary to enable such centers to
7
(c) Accept appointment as guardian of the person and
7 function and care for patients with severe uremia. The direc-
8
estate, or person or estate of those mentally retarded persons
8 tor shall choose from a list provided by the review committee
9 who are or have been judicially determined to be legally
9 the institutions which qualify under the standards established
10
incompetent.
10 to receive grants of state funds to establish and continue a re-
11
SEC. 89. Section 416.15 of the Health and Safety Code is
11 gional dialysis center. The review committee shall also examine
12
amended to read:
12 periodically the performance of established regional dialysis
13
416.15. The Director of Public Health, when acting as
13 centers and recommend continuation grants to the director.
14 adviser, may provide advice and guidance to the mentally
14 The members of the review committee shall serve for a two-
15 retarded person without prior appointment by a court. The
15 year period and may be reappointed. Not more than half the
16 provision for such services shall not be dependent upon a
16
membership of the committee shall be changed during any one
17
finding of incompetency, nor shall it abrogate any civil right
17
year. The committee shall serve without compensation, but shall
18
otherwise possessed by the mentally retarded person.
18
receive their necessary travel expenses.
19
SEC. 90. Section 416.16 of the Health and Safety Code is
19
SEC. 93. Section 420 of the Health and Safety Code is
20
amended to read:
20
amended to read:
21
416.16. The Director of Public Health shall have the same
21
420. The State Department of Public Health may maintain
22
powers and duties as those established for guardians and
22
a mental health service which shall advise and assist local
23
conservators in the Guardianship Act and the Conservator-
23
departments of health and education in the establishment of
24
ship Act.
24 mental health services, particularly in connection with ma-
25
SEC. 91. Section 417 of the Health and Safety Code is
25 ternal and child health conferences and in the schools of the
26
amended to read:
26 state.
27
417. Two regional dialysis centers, one in the northern and
27
The department shall coordinate this service with the pro-
28
one in the southern part of the state, shall be established for
28
gram of the State Department of Mental Hygiene and may
29
the treatment of persons suffering from chronic uremia. Each
29
conduct such other activities as may be required in the devel-
30
such center shall be located in a metropolitan area and shall
30
opment of mental health services as related to public health.
31 have an affiliation with a large hospital or medical school,
31
This article does not authorize any form of compulsory medi-
32 but shall not be necessarily a physical part of such institution.
32 cal or physical examination, treatment, or control of any
33 These institutions, however, shall be able to provide a full
33
person.
34 range of medical, surgical and rehabilitation services. The
34
SEC. 94. Section 425 of the Health and Safety Code is
35 State Department of Public Health shall only act as a granting
35
amended to read:
36
agency for state funds which are appropriated for the estab-
36
425. The State Department of Public Health shall submit
37 lishment and the continuation of the two centers. The state
37
to the State Air Resources Board recommendations for am-
38
department, upon the advice of the review committee which
38
bient air quality standards reflecting the relationship between
39
is provided for by Section 417.3, may contract with any such
39
the intensity and composition of air pollution and the health,
40
hospital or medical care institution for the administration and
40
illness, irritation to the senses, and the death of human beings.
41 operation of one of the regional dialysis centers. It is not the
41
SEC. 95. Section 428 of the Health and Safety Code is
42 intent of this section that any new hospital or medical school
42
amended to read:
43
be established.
43
428. The State Department of Public Health shall maintain
44
SEC. 92. Section 417.3 of the Health and Safety Code is
44
a program for the prevention of blindness, including, but not
45
amended to read:
45
limited to:
46
417.3. The Director of Public Health shall appoint a
46
(a) Studies to determine the number, distribution, and
47 review committee, upon nomination of the represented party,
47
nature of conditions leading to blindness among the population
48
not to exceed seven members, two of whom shall represent the
48
of the state.
49
California Medical Association, one to represent the University
49
(b) Investigations into the causes of blindness for the pur-
50 of California Administration, one to represent the National
50
pose of developing control procedures.
51 Kidney Disease Foundation in California, one to represent
51
(c) Consultations with, and assistance to, local agencies
52 the State Department of Public Health, and two members to
52
directed toward education for the prevention of blindness, the
30
- 31 -
1 early identification of conditions leading to blindness, and
1 gram of hospital construction as provided in Article 3 of this
2 the application of methods for reducing the amount of blind-
2
chapter.
3
3
ness resulting from preventable conditions.
(b) Developing and administering a state plan for the
4
SEC. 96. Section 429 of the Health and Safety Code is
4
construction of public and other nonprofit hospitals as pro-
5
5
amended to read:
vided in Article 3 of this chapter.
429. The State Department of Public Health may main-
6
6
SEC. 100. Section 431.2 of the Health and Safety Code is
7
tain a program for seasonal agricultural and migratory work-
7
repealed.
8
8
ers and their families, consisting of:
431.2. The Governor shall appoint an Advisory Hospital
9
(a) Studies of the health and health services for seasonal
9 Council to advise and consult with the department in carrying
agricultural and migratory workers and their families through-
10
10
out the administration of this chapter. The council shall con-
11
out the state.
11 sist of the director, who shall serve as chairman CX officio, the
12
(b) Technical and financial assistance to local agencies con-
12 Director ef the Department of Mental Hygiene and eleven
13
cerned with the health of seasonal agricultural and migratory
13 other members, including one who shall be selected on the
14
workers and their families.
14 basis of his responsibility for matters relating to the operation
15
(c) Coordination with similar programs of the federal gov-
15 of general hospitals, one shall be selected on the basis of his
ernment, other states, and voluntary agencies.
16
16
concern for the care and treatment of the long-term patient,
SEC. 97. Section 429.11 of the Health and Safety Code is
17
17
one shall be selected on the basis of his concern with matters
18
18
amended to read:
relating to the operation of hospitals or other medical facilities
19
429.11. The State Department of Public Health shall main-
19 providing services to the mentally ill or mentally retarded. one
20
tain a program of occupational health and occupational disease
20 who shall be a licensed physician-surgeon selected on the basis
21
prevention including, but not limited to, the following:
21 of his concern with matters relating to general health care serv-
(a) Investigations into the causes of morbidity and mortal-
22
22
ices, together with seven repreentatives of the general public
23
ity from work-induced diseases.
23 as consumers of services, including one who shall be selected
24
(b) Development of recommendations for improved control
24 on the basis of his concern with matters relating to mental
25
of work-induced diseases.
25 health, one who shall be selected on the basis of his concern
26
(c) Maintenance of a thorough knowledge of the effects of
26 with matters relating to the mentally retarded and five others
27
industrial chemicals and work practices on the health of Cali-
27 selected from among persons familiar with the need for the
28
fornia workers.
28 services and facilities covered by this section in urban or rural
29
(d) Provision of technical assistance in matters of occupa-
29 areas. A major consideration in making appointments to the
30
tional disease prevention and control to the Department of
30 Advisory Hospital Council shall be the avoidance of potential
31 Industrial Relations and other governmental and nongovern-
31 material conflicts of interest. Appointments of members of the
32
mental agencies, organizations, and private individuals.
32 council shall be subject to confirmation by the Senate. Of the
33
(e) Collection and summarization of statistics describing
33 members appointed in 1964, three shall be designated by the
34
the causes and prevalence of work-induced diseases in Cali-
34 Governor to hold office until October 1, 1966, three shall hold
35
fornia.
35 office until October 1, 1967, and one shall hold office until
36
SEC. 98. Section 429.30 of the Health and Safety Code is
36 October 1, 1968. Of the members appointed in 1965, two shall
37
amended to read:
37 be designated by the Governor to hold office until Occober 1,
38
429.30. The State Department of Public Health shall main-
38 1968, and two shall hold office until October 1, 1969. Members
39
tain a program for Indians and their families, consisting of
39 other than the members appointed in 1964 and 1965 shall hold
40
(a) Studies of the health and health services for Indians
40 office for terms of four (1) years, except that any member ap-
41
and their families throughout the state.
41 pointed to fill a vacancy occurring prior to the expiration of
42
(b) Technical and financial assistance to local agencies con-
42 the term for which his predecessor was appointed, shall be
43
cerned with the health of Indians and their families.
43 appointed for the remainder of such term. Council members,
44
(c) Coordination with similar programs of the federal gov-
44 while serving on business of the council, shall receive no com-
45
ernment, other states, and voluntary agencies.
45 pensation, but shall be entitled to receive actual and necessary
46
SEC. 99. Section 431 of the Health and Safety Code is
46 travel and subsistence expenses while so serving away from
47
amended to read:
47 their places of residence. The council shall meet as frequently
48
431. The State Department of Public Health shall con-
48 as the director deems necessary, but not less than once each
49
stitute the sole agency of the state for the following purposes:
49 year. Upon request by six (6) or more members, the director
50
(a) Making an inventory of existing hospitals, surveying
50 shall call a meeting of the council.
51
the need for construction of hospitals, and developing a pro-
32 I I
- 33 -
1
The chairman, with concurrence of the council, may appoint
1 tion for the construction of such homes, SO that public medical
2 subcommittees of the council for particular areas of council
2 assistance may be provided, under the state's medical assist-
3
responsibilities.
3 ance programs, for such indigent persons.
4
SEC. 100.5. Section 431.2 is added to the Health and Safety
4
The State Department of Public Health may issue a certifi-
5
Code, to read:
5 cate of need upon application by a chartered nonprofit cor-
6
431.2. The Advisory Health Council shall advise and con-
6 poration, for a nursing and convalescent home which pro-
7
sult with the department in carrying out the administration of
7 vides or makes available medical care for indigent persons,
8 this chapter and succeeds to and is vested with the functions,
8 to be constructed under the Mortgage Insurance Program of
9 authority and responsibility of the Advisory Hospital Council
9
the Federal Housing Administration.
10 and the Health Planning Council.
10
SEC. 106. Section 435.2 of the Health and Safety Code is
11
Any reference in any code to the Advisory Hospital Coun-
11
amended to read:
12 cil or to the Health Planning Council shall be deemed a refer-
12
435.2. The State Department of Public Health shall
13 ence to the Advisory Health Council.
13
administer this article, and shall make such rules and regula-
14
SEC. 101. Section 431.10 of the Health and Safety Code is
14 tions as may be necessary to carry out its provisions.
15
repealed.
15
SEC. 107. Section 435.7 of the Health and Safety Code is
16
431.10. Applications for federal funds under Public Law
16
amended to read:
17 88-164 for facilities for the mentally retarded 0F community
17
435.7. Application for state assistance under this article
18 mental health centers shall be referred by the Director of Pub-
18
shall be made to the State Department of Public Health,
19 lie Health to the Director of Mental Hygiene for review and
19
in the manner and form prescribed by the department. The
20 recommendation. The Director of Mental Hygiene shall have
20 department shall prescribe the time and manner of payment of
21 60 days from the time of his receipt of the application to sub-
21 state assistance, if granted.
22 mit recommendations.
22
SEC. 108. Section 436.2 of the Health and Safety Code is
23
SEC. 102. Section 432.2 of the Health and Safety Code is
23
amended to read:
24
amended to read:
24
436.2. Unless the context otherwise requires, the defini-
25
432.2. The department may make application to the Sur-
25
tions in this section govern the construction of this chapter
26
geon General for federal funds to assist in carrying out the
26
and of Section 32127.2 of this code.
27 survey and planning activities provided for in this article.
27
(a) "Bondholder" means the legal owner of a bond or
28 Such funds shall be deposited in the Department of Public
28
other evidence of indebtedness issued by a political subdivi-
29 Health Fund in the State Treasury.
29
sion or a nonprofit corporation.
30
SEC. 103. Section 432.9 of the Health and Safety Code is
30
(b) "Borrower" means a political subdivision or nonprofit
31
amended to read:
31
corporation which has secured or intends to secure a loan for
32
432.9. The department is hereby authorized to receive
32
the construction of a health facility.
33 federal funds in behalf of, and transmit them to, such appli-
33
(c) 'Construction" includes construction of new build-
34 cants. Money received from the federal government for a
34
ings, expansion, modernization, renovation, remodeling and
35 construction project approved by the Surgeon General shall
35
alteration of existing buildings, and initial or additional equip-
36 be deposited in the Department of Public Health Fund, and
36 ping of any such buildings. 'Construction'' also includes con-
37 shall be used solely for payments due applicants for work per-
37 sulting, financing, architectural, and engineering costs and
38 formed, or purchases made, in carrying out approved projects.
38 fees, cost of land acquisition and site development, including
39
SEC. 104. Section 433 of the Health and Safety Code is
39 parking facilities, and all other costs necessary or incidental to
40
amended to read:
40 construct a new building or to expand, modernize, renovate,
41
433. Any moneys deposited in the Department of Public
41
remodel or alter an existing building.
42 Health Fund in accordance with the provisions of this article
42
(d) 'Council" means the Advisory Hospital Health Coun-
43
are appropriated for expenditure by the director for the pur-
43
cil.
44 poses for which such moneys were received, in accordance with
44
(e) "Debenture" means any form of written evidence of
45 the provisions of this chapter. Any such funds received and not
45
indebtedness issued by the State Treasurer pursuant to this
46 expended for the purposes of this article shall be repaid to the
46 chapter, as authorized by Article XIII, Section 21.5 of the
47 Treasury of the United States.
47 California Constitution.
48
SEC. 105. Section 434 of the Health and Safety Code is
48
(f) "Department" means the State Department of Public
49
amended to read:
49 Health.
50
434. The Legislature finds that in certain areas there is a
50
(g) "Fund" means the Health Facility Construction Loan
51 need for nursing and convalescent homes for persons who are
51
Insurance Fund.
52 indigent. It is the purpose of this section to provide authoriza-
8-80063-C
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1
- 35
(h) "Health facility" means any facility providing or de-
2 signed to provide services for the acute, convalescent, and
1 7000) of Division 7 of the Welfare and Institutions Code have
3 chronically ill and impaired, including but not limited to pub-
2 been reviewed by an area health planning agency prior to
4 lic health centers, community mental health centers, facilities
3 licensure. No insurance shall be provided for a loan under this
5 for the mentally retarded, and general, tuberculosis, mental,
4 chapter for a hospital or facility unless it has been finally
6 and other types of hospitals and related facilities, such as
5 approved through the statewide system of health facility plan-
7 laboratories, outpatient departments, extended care, nurses'
6 ning.
8 home and training facilities, offices and central service facili-
7
SEC. 110. Section 436.50 of the Health and Safety Code is
9 ties operated in connection with hospitals, diagnostic or treat-
8 amended to read:
10 ment centers, extended care facilities, nursing homes, and re-
9
436.50. On or before July 1, 1970, the State Board of Pub-
11 habilitation facilities. Except for facilities for the mentally
10 lie Department of Health shall adopt and publish such rules
12 retarded, "health facility" does not include any institution
11 and regulations to be used in approving and governing the op-
14 13 furnishing primarily domiciliary care.
12 eration of laboratories engaging in the performance of tests
(i) "Lender" means the provider of a loan and its suc-
15 cessors and assigns.
13 referred to in Section 436.51 and 436.52, including the qualifi-
16
14 cations of the employees of such laboratories who perform such
(j) "Loan" means money or credit advanced for the con-
15 tests, as it determines are reasonably necessary to insure the
17 struction costs of the health facility, and includes both initial
16 competence of such laboratories and employees to prepare,
18 loans and loans secured upon refinancing and may include both
17 analyze, and report the results of such tests. The rules and
19 interim, or short-term loans, and long-term loans. A duly au-
18 regulations shall be adopted, only after the State Board of
21 20 thorized bond or bond issue may constitute a "loan."
19 Public Department of Health has consulted with at least one
(k) "Maturity date" means the date on which the loan in-
20 member of each of the following groups: district attorneys,
22 debtedness would be extinguished if paid in accordance with
21 public defenders, coroners, criminalists, pathologists, analytical
24 23 periodic payments provided for by the terms of the loan.
22 chemists, and such other persons deemed by the board depart-
(l) "Mortgage" means a first mortgage on real estate.
25 "Mortgage" includes a first deed of trust.
23 ment to be qualified.
26
24 SEC. 111. Section 436.51 of the Health and Safety Code is
(m) "Mortgagee" includes a lender whose loan is secured
25 amended to read:
27 by a mortgage. "Mortagee" includes a beneficiary of a deed
26
28 of trust.
436.51. On or after January 1, 1971, the testing by or for
29
27 law enforcement agencies of blood, urine, or tissue for the pur-
(n) "Mortgagor" includes a borrower, a loan to whom is
28 poses of determining the concentration of ethyl alcohol in the
31 30 secured by a mortgage, and the trustor of a deed of trust.
29 blood of persons involved in traffic accidents or in traffic viola-
(o) "Nonprofit corporation" means any corporation orga-
30 tions shall be performed only by a laboratory approved and
32 nized under the General Nonprofit Corporation Law (Part 1
31 licensed by the State Director of Public Héalth for the per-
33 (commencing with Section 9000), Division 2 of the Corpora-
32 formance of such tests.
34 tion Code) or its equivalent under the laws of the state of in-
33 SEC. 112. Section 436.52 of the Health and Safety Code is
36 ing a health facility.
35 corporation, organized for the purpose of owning and operat-
34 amended to read:
37
35 436.52. The testing of breath samples by or for law en-
38 and county, and local hospital district.
(p) "Political subdivision" means any city, county, city
36 forcement agencies for purposes of determining the concentra-
39
37 tion of ethyl alcohol in the blood of persons involved in traffic
(q) "Project property" means the real property upon
38 accidents or in traffic violations shall be performed in accord-
40 which the health facility is, or is to be, constructed, the health
39 ance with regulations adopted by the State Board of Public
42 41 facility, and the initial equipment in such health facility.
40 Department of Health.
(r) "Public health facility" means any health facility
41
The rules and regulations shall establish the procedures to
43 which is or will be constructed for and operated and main-
42 be used by law enforcement agencies in administering breath
45 district.
44 tained by any city, county, city and county, or local hosiptal
43 tests for the purposes of determining the concentration of
46
44 ethyl alcohol in a person's blood. Such rules and regulations
47 is amended to read:
SEC. 109. Section 436.45 of the Health and Safety Code
45 shall be adopted and published in accordance with the provi-
46 sions of Chapter 4.5 (commencing with Section 11371) of
48
436.45. No insurance shall be provided for loans under this
47 Part 1 of Division 3 of Title 2 of the Government Code.
50 has been established SO that all hospitals as defined in Section
49 chapter until a statewide system of health facility planning
48
SEC. 113. Section 436.53 of the Health and Safety Code is
49 amended to read:
51 1401 and facilities licensed by the Department of Mental Hy-
50
436.53. Each laboratory in this state which performs the
52 giene Health pursuant to Chapter 1 (commencing with Section
51 tests referred to in Sections 436.51 and 436.52, shall be licensed
52 by the State Director of Public Health. Each such laboratory,
- 36
- 37 -
1 other than a laboratory operated by the state, city or county
1
436.60. The State Director of Public Health may take dis-
2 or other public agency shall upon application for licensing
2 ciplinary action against any licensee after a hearing as pro-
3 pay a fee to the State Department of Public Health in an
3 vided in this part by any of the following:
4 amount, to be determined by the State Board of Public Health
4
(a) Imposing probation upon terms and conditions to be
5 department, which will reimburse the department for the costs
5 set forth by the director.
6 incurred by the department in the issuance and renewal of such
6
(b) Suspending the license.
7 licenses, but not to exceed one hundred dollars ($100). On or
7
(c) Revoking the license.
8 before each January 1 of each year thereafter, each such labo-
8
SEC. 118. Section 436.61 of the Health and Safety Code is
9 ratory shall pay to the department a fee SO determined by the
9 amended to read:
10 board department, not to exceed one hundred dollars ($100),
10
436.61. Upon the effective date of any order of suspension
11 for renewal of its license.
11 or revocation of any license governed by this part, the licensee
12
SEC. 114. Section 436.57 of the Health and Safety Code is
12 shall surrender the license to the State Director of Public
13 amended to read:
13 Health.
14
436.57. Any license issued pursuant to Section 436.53 may
14
SEC. 119. Section 436.62 of the Health and Safety Code is
15 be suspended or revoked by the State Director of Public
15
amended to read:
16 Health for any of the reasons set forth in Section 436.59. The
16
436.62. All accusations against licensees shall be filed
17 director may refuse to issue a license to any applicant for any
17 within three years after the act or omission alleged as the
18
of the reasons set forth in Section 436.58. The proceedings
18 ground for disciplinary action, except that with respect to an
19 under this part shall be conducted in accordance with Chapter
19 accusation alleging a violation of subdivision (c) of Section
20 5 (commencing with Section 11500) of Part 1 of Division 3
20 436.59, the accusation may be filed within two years after the
21 of Title 2 of the Government Code, and the director shall have
21 discovery by the State Department of Public Health of the
22 the powers and duties granted therein.
22 alleged facts constituting the fraud or misrepresentation pro-
23
SEC. 115. Section 436.58 of the Health and Safety Code is
23 hibited by said section.
24 amended to read:
24
SEC. 120. Section 436.63 of the Health and Safety Code
25
436.58. The State Director of Public Health may deny a
25 is amended to read:
26 license if the applicant or any partner, officer or director
26
436.63. After suspension of the license upon any of the
27 thereof:
27 grounds set forth in this article, the State Director of Public
28
(a) Fails to meet the qualifications established by the State
28 Health may reinstate the license upon proof of compliance by
29 Board of Public Health department pursuant to this part for
29 the applicant with all provisions of the decision as to reinstate-
30 the issuance of the license applied for.
30 ment. After revocation of a license upon any of the grounds
31
(b) Was previously the holder of a license issued under this
31 set forth in this part, the license shall not be reinstated or
32 part which license has been revoked and never reissued or
32 reissued within a period of one year after the effective date
33 which license was suspended and the terms of the suspension
33 of revocation.
34 have not been fulfilled.
34
Sec. 121. Section 437 of the Health and Safety Code is
35
(c) Has committed any act involving dishonesty, fraud, or
35 amended to read:
36 deceit whereby another was injured or whereby applicant has
36
437. In order to provide comprehensive state health plan-
37 benefited.
37 ning in response to the enactment of Public Law 89-749, and
38
SEC. 116. Section 436.59 of the Health and Safety Code is
38 to advise the Director of Health, there is hereby created a the
39 amended to read:
39 Advisory Health Planning Council, to be composed of 21 19
40
436.59. The State Director of Public Health may suspend,
40 members.
41
revoke, or take other disciplinary action against a licensee as
41
The Governor shall appoint 12 members, one of whom shall
42 provided in this chapter if the licensee or any partner, officer
42 be representative of nongovernmental organizations or groups
43
or director thereof:
43 concerned with the operation, construction, or utilization of
44
(a) Violates any of the regulations promulgated by the
44 hospitals or other health care facilities, one of whom shall be
45 State Board of Public Health department pursuant to this
45 representative of a public agency concerned with the opera-
46
chapter.
46 tion, construction, or utilization of hospitals or general health
47
(b) Commits any act of dishonesty, fraud, or deceit whereby
47 activities, one of whom shall be concerned with the operation,
48 another is injured or whereby the licensee benefited.
48 construction or utilization of nongovernmental facilities or
49
(c) Has misrepresented any material fact in obtaining a
49 services for the retarded, one of whom shall be representa-
50 license.
50 tive of nongovernmental organizations or groups concerned
51
SEC. 117. Section 436.60 of the Health and Safety Code is
51 with the operation, construction or utilization of mental health
52 amended to read:
52 services, one of whom shall be a provider of health care, one
- 38
- 39 -
1 of whom shall be a representative of consumers of services for
1 are advisory, shall be deemed a reference to the Advisory
2 the mentally retarded, one of whom shall be a representative
2 Health Council.
3 of consumers of mental health services, one of whom shall be a
3
The Advisory Health Council is a state board of health for
4 representative of local government, and four of whom shall be
4 the purposes of Sectión 14 of Article XX of the California
5 representatives of the general consumer public, as defined.
5 Constitution.
6
The Chairman of the Senate Committee on Rules shall ap-
6
SEC. 123. Section 437.1 of the Health and Safety Code is
7 point three members, one of whom shall be a Member of the
7 amended to read:
8 Senate, one of whom shall be a provider of health care, and
8
437.1. Of the members first appointed by the Governor,
9 one of whom shall be a representative of the general consumer
9 two shall hold office for four years, four shall hold office for
10 public.
10 three years, and two shall hold office for two years.
11
The Speaker of the Assembly shall appoint three members,
11
Of the members first appointed by the Chairman of the
12 one of whom shall be a Member of the Assembly, one of whom
12 Senate Committee on Rules, one shall hold office for four years
13 shall be a provider of health care, and one of whom shall be a
13 and one shall hold office for two years.
14 representative of the general consumer public.
14
Of the members first appointed by the Speaker of the As-
15
The Director of the Department of Public Health, the Direc-
15 sembly, one shall hold office for four years and one shall hold
16 tor of the Department of Mental Hygiene, and a state govern-
16 office for two years.
17 ment official concerned with health who is appointed by and
17
The members first appointed to the additional offices cre-
18 serves at the pleasure of the Governor shall be members of the
18 ated by the amendments to this part enacted at the 1969 Regu-
19 council.
19 lar Session of the Legislature shall hold office for four-year
20
The Governor shall appoint a state government official con-
20 terms.
21 cerned with health.
21
Thereafter, each member shall hold office for four years. No
22
The chairman and vice chairman of the council shall be
22 appointing authority specified in Section 437 shall appoint
23 appointed by the Governor. The chairman shall be chosen
23 any person to alternate membership on the Advisory Health
24 from among the representatives of the general consumer public
24 Planning Council, unless to fill the vacant term of an appoint-
25 or public officials, except for legislators and except for repre-
25 ment.
26 sentatives of major purchasers of health care services. The
26
The terms of Members of the Legislature appointed to the
27 chairman and vice chairman shall serve at the pleasure of the
27 council shall be figured as indicated above, but the members
28 Governor.
28 shall serve at the pleasure of the appointing power and in no
29
The representatives of the general consumer public shall be
29 event after they cease to be Members of the Legislature.
30 bona fide public representatives whose occupations are neither
30
SEC. 124. Section 437.2 of the Health and Safety Code is
31 the administration of health activities nor the performance of
31 amended to read:
32 health services, who have no fiduciary obligation to a hospital
32
437.2. The Advisory Health Planning Council shall meet
33 or other health agency, and who have no material financial
33 on call of the council chairman as often as necessary to fulfill
34 interest in the rendering of health services.
34 its duties. All decisions of the council shall be decided by a
35
The Member, or Members, of the Senate, appointed by the
35 majority of the voting members.
36 Chairman of the Senate Committee on Rules, and the Member,
36
SEC. 125. Section 437.3 of the Health and Safety Code is
37 or Members, of the Assembly, appointed by the Speaker, shall
37 amended to read:
38 meet with and participate in the work of the council to the
38
437.3. The members of the Advisory Health Planning
39 extent that such participation is not incompatible with their
39 Council shall serve without compensation, but shall be reim-
40 positions as Members of the Legislature. The Members of the
40 bursed for any actual and necessary expenses incurred in con-
41 Legislature appointed to the council shall serve at the pleasure
41 nection with their duties as members of the council.
42 of the appointing power. For purposes of this part, such
42
SEC. 126. Section 437.5 of the Health and Safety Code is
43 Members of the Legislature shall constitute a joint legislative
43 amended to read:
44 committee on the subject of this part and shall have the
44
437.5. (a) The Governor shall designate a state health
45 powers and duties imposed upon such committee by the Joint
45 planning agency in order to comply with Section 314 of Public
46 Rules of the Senate and Assembly.
46 Law 89-749, after receiving the recommendation of the council.
47
SEC. 122. Section 437.05 is added to the Health and Safety
47 The council shall approve the comprehensive health plan to be
48 Code, to read:
48 submitted to the federal government. The budget of the agency
49
437.05. Any reference in any code to the Health Planning
49 for the expenditure of planning money and health grant funds
50 Council, the Health Review and Program Council, or the State
50 shall be submitted to the council for its recommendation before
51 Board of Public Health, with respect to functions thereof that
51 its submission to the Governor and the Legislature.
- 40 -
- 41 -
1
(b) The Advisory Health Planning Council shall advise the
1
(f) Individual proposal reviews shall be in accordance with
2
agency in the conduct of its comprehensive health planning
2 administrative procedures established by the Advisory Health
3 activities and in the setting of priorities. The council shall re-
3 Planning Council, which shall include, but need not be limited
4 view all project grant applications for public funds that relate
4
to:
5 to health and which are administered either directly or indi-
5
(1) A public hearing.
6 rectly by state agencies, execpt funds appropriated by the Leg-
6
(2) Reasonable notice.
7 islature. Such review shall include the priority of each proj-
7
(3) Right to representation by counsel.
8
ect, its relationship to projects funded under the provisions of
8
(4) Right to present oral and written evidence and con-
9 the Comprehensive Health Planning Act, Public Law 89-749,
9
front and cross-examine opposing witnesses.
10 and its relationship to statewide health needs.
10
(5) Availability of transcript at applicant's expense.
11
(c) The Advisory Health Planning Council may require
11
(6) Written findings of fact and recommendations to be
12 state and other public agencies to submit data on publicly ad-
12
delivered to applicant and filed with the State Department
13 ministered or financed health programs pertinent to effective
13
of Public Health as a public record.
14 planning and coordination under the provisions of Public Law
14
(g) Shall have a plan to finance the procedure which shall
15 89-749.
15 include, but not necessarily be limited to, filing fees and
16
SEC. 127. Section 437.7 of the Health and Safety Code is
16 charges for processing and appeal.
17
amended to read:
17
Voluntary area health planning agencies may divide their
18
437.7. In order to assure availability of objective and im-
18
areas into local areas for purposes of more efficient health fa-
19 partial review by planning groups (referred to as voluntary
19 cility planning, with the approval of the Advisory Health
20 area health planning agencies) of hospitals and related facili-
20 Planning Council. Such local areas shall be of a geographic
21 ties, including facilities licensed by the Department of Mental
21 size and contain adequate population to insure a broad base for
22 Hygiene Health, or proposed projects for new, additional or
22 planning decisions. Each local area shall contain a voluntary
23 revised hospital and related health facility projects, including
23 local health planning agency which shall meet the criteria in
24 facilities licensed by the Department of Mental Hygiene
24 subdivisions (a) through (g) of this section.
25 Health, the Advisory Health Planning Council, from time to
25
An organization which meets the criteria in subdivisions (a)
26 time, shall approve no more than one voluntary area health
26 through (g) of this section may make application to its volun-
27 planning agency for any designated area of the state, pro-
27 tary area health planning agency for designation as a volun-
28 vided such group shall meet the following criteria:
28 tary local health planning agency for a designated area. After
29
(a) Shall be incorporated as a nonprofit corporation and be
29 a complete application has been received, the area agency shall
30
controlled by a board of directors consisting of a majority rep-
30 reach a decision concerning the application. The decision, or
31 resenting the public and local government as consumers of
31 lack of decision, of the area agency may be appealed to the
32 health services with the balance being broadly representative
32 Advisory Health Planning Council. Any appeal shall be made
33 of the providers of health services and the health professions.
33 within 30 days of the decision or lack of decision.
34
(b) Shall review information on utilization of hospitals and
34
Approval of voluntary area and local area health planning
35 related health facilities.
35
agencies, adoption of statewide general principles for planning
36
(c) Shall develop principles for the determination of com-
36 and the adoption of administrative procedures for voluntary
37 munity need and desirability to guide hospitals and related
37 area and local area health planning agencies shall be made by
38 health facilities in acting in the public interest. Such prin-
38 the Advisory Health Planning Council only after notice and
39 ciples shall be consistent with the general guidelines developed
39 public hearing.
40 by the Advisory Health Planning Council in accordance with
40
SEC. 128. Section 437.8 of the Health and Safety Code is
41 Section 437.8.
41 amended to read:
42
(d) Shall conduct public meetings in which members of the
42
437.8. The Advisory Health Planning Council shall develop
43 health professions and consumers will be encouraged to par-
43 general principles to guide voluntary area and local area health
44 ticipate.
44 planning agencies in the performance of their responsibilitie:
45
(e) Shall review individual proposals for the construction
45 under Section 437.7. These principles shall provide for con
46 of new or additional hospital and related health facilities, the
46 sideration of the following factors and may provide othe:
47 conversion of one type of facility to a different category of
47 guidelines not inconsistent herewith:
48 licensure or the creation or expansion of new areas of
48
(a) The need for health care services in the area and th.
49 service, and make decisions as to the need and desirability for
49
requirements of the population to be served by the applicant
50 the particular proposal in accordance with the principles de-
50
(b) The availibility and adequacy of health care services in
51 veloped pursuant to subdivision (c).
51
the area's existing facilities which currently conform to fed
52 eral and state standards;
- 42 -
43 1 I
1
(c) The availability and adequacy of other services in the
1
The required number of members of the board of directors
2
area such as preadmission, ambulatory or home care services
2 may petition the Advisory Health Planning Council for a
3 which may serve as alternatives or substitutes for the whole
3 hearing on the decision of the voluntary area health planning
4 or any part of the services to be provided by the proposed
4 agency or the decision or lack of decision of the consumer mem-
5
facility;
5 bers of a voluntary area health planning agency acting as an
6
(d) The possible economies and improvement in service that
6 appeals body. A petition for hearing shall be made within 30
7 may be derived from operation of joint, cooperative, or shared
7 days of the decision of the voluntary area health planning
8 health care resources;
8 agency or the decision or lack of decision of the consumer mem-
9
(e) The development of comprehensive services for the com-
9 bers of a voluntary health planning agency acting as an ap-
10 munity to be served. Such services may be either direct or
10 peals body.
11 indirect through formal affiliation with other health programs
11
The Advisory Health Planning Council shall grant a hearing
12 in the area, and include preventive, diagnostic, treatment and
12 if at least one-third of the voting members of the council
13 rehabilitation services. Preference shall be given to health
13 certify in writing that they agree to a hearing. Such certifica-
14 facilities which will provide the most comprehensive health
14 tion shall be made within 60 days of the receipt of the petition
15 services and include outpatient and other integrated services
15 for hearing.
16 useful and convenient to the operation of the facility and the
16
If the required number of voting members agree to a hear-
17
community.
17 ing, the council shall reach a decision within 90 days of the
18
SEC. 129. Section 438.1 of the Health and Safety Code is
18 date of agreement. At least one hearing shall be held on the
19
amended to read
19 appeal, but it may be heard by a committee of the council
20
438.1. The decision or lack of decision of a voluntary area
20 composed of at least three voting members, a majority of
21 health planning agency or the decision or lack of decision of
21 whom shall be consumers. The final decision on the appeal shall
22 the consumer members of a voluntary area health planning
22 be made by the full council.
23 agency acting as an appeals body may be appealed by the ap-
23
SEC. 131. Section 438.4 of the Health and Safety Code is
24 plicant or by more than one-third of the members of the board
24
amended to read
25
of directors of the voluntary area health planning agency. The
25
438.4. The voluntary area health planning agency, acting
26
appeal by the members of the board shall be made directly to
26 upon an application originally or reviewing a recommendation
27 the Advisory Health Planning Council. The appeal by the
27 of a voluntary local health planning agency or the consumer
28 applicant shall be made to the consumer members of another
28 members of a voluntary area health planning agency acting as
29 voluntary area health planning agency as previously desig-
29 an appeals body, and the Advisory Health Planning Council
30 nated by the Advisory Health Planning Council. The Advisory
30 shall make one of the following decisions:
31 Health Planning Council, on a periodic basis, shall designate
31
(a) Approve the application in its entirety;
32 the voluntary area health planning agency or agencies, the con-
32
(b) Deny the application in its entirety;
33 sumer members of which shall be the appeals body or bodies for
33
(c) Approve the application subject to modification by the
34
another voluntary area health planning agency; provided that
34
applicant, as recommended by the body involved.
35 such agencies shall not be the appeals body or bodies for each
35
A decision shall become final when all rights to appeal have
36 other.
36 been exhausted. Approval shall terminate 12 months after the
37
The decision of a voluntary area health planning agency
37 date of such approval unless the applicant has commenced con-
38
upon reviewing the recommendation or lack of recommenda-
38 struction or conversion to a different license category and is
39 tion of a voluntary local health planning agency may be ap-
39 diligently pursuing the same to completion as determined by
40 pealed by more than one-third of the members of the board of
40 the voluntary area health planning agency; or unless the ap-
41 directors of the voluntary local health planning agency. The
41 proval is extended by the voluntary area health planning
42 appeal by the members of the board shall be made directly to
42 agency for an additional period of up to 12 months upon the
43 the Advisory Health Planning Council. The Advisory Health
43 showing of good cause for the extension.
44 Planning Council shall develop guidelines for appeal proce-
44
SEC. 132. Section 452 of the Health and Safety Code is
45 dures for the voluntary area health planning agencies.
45
amended to read:
46
SEC. 130. Section 438.3 of the Health and Safety Code is
46
452. The county health officer shall enforce and observe
47
amended to read:
47 in the unincorporated territory of his county, all of the fol-
48
438.3. An applicant may petition the Advisory Health
48 lowing:
49 Planning Council for a hearing on the decision on appeal. A
49
(a) Orders and ordinances of the board of supervisors,
50 petition for hearing shall be made within 30 days of the ap-
50 pertaining to the public health and sanitary matters.
51 pealed decision.
51
(b) Orders, quarantine and other regulations, and rules
52
prescribed by the State Department of Public Health.
44
45
1
(c) Statutes relating to public health.
1 health district serving other territory in such county, as pro-
2
SEC. 133. Section 541 of the Health and Safety Code is
2 vided by existing statutes.
3
amended to read:
3
(e) The local health department of any county which had
4
541. The governing body of a city, of a county, or of a local
4 under its jurisdiction on the effective date of this chapter a
5 health district may employ on a full-time basis one or more
5 population in excess of 1,000,000, or the local health depart-
6 sanitarians each of whom shall be a registered sanitarian as
6 ment of any city and county.
7 provided for in this article for the purpose of the enforcement
7
SEC. 136. Section 1110 of the Health and Safety Code is
8 of such state statutes relative to public health, and such rules
8 amended to read:
9 and regulations of the State Department of Board of Public
9
1110. There is hereby established a California Conference
10 Health, and any local ordinances of a city, county or local
10 of Local Health Officers with which the board and the state
11 health district that relate to the inspection of food products,
11 department shall consult in establishing standards as provided
12 water supplies, sewage disposal, food establishments, general
12 in this chapter and may consult on other matters affecting
13 sanitation or housing; provided, however, that any person who
13 health. The conference may consult with, advise, and make
14 shall be known as assistant sanitarian may without a certifi-
14 recommendations to the State Department of Public Health,
15 cate of registration be employed to work under the super-
15 other departments, boards, commissions and officials of fed-
16 vision of a registered sanitarian until such time as he may be
16 eral, state, and local government, the Legislature, and any
17 qualified by examination as provided under Section 542(b),
17 other organization or association on matters affecting health.
18 such time not to exceed two years of such employment.
18 The conference shall consist of all legally appointed local
19
SEC. 134. Section 1101 of the Health and Safety Code is
19 health officers in the state. It shall organize, adopt bylaws, and
20 amended to read:
20 shall annually elect officers.
21
1101. "Population," for the purpose of this chapter, shall
21
Actual and necessary expenses, including any necessary
22 be determined by the most recent United States decennial
22 registration fee, incident to attendance at not more than two
23 census; provided, however, whenever it appears to the State
23 meetings per year of the conference shall be a legal charge
24 Department of Public Health that the population of any city,
24 against the local governmental unit. Actual and necessary
25 county, or city and county has changed sufficiently to warrant
25 expenses incident to attendance at special meetings of the
26 adjustment, the State Department of Public Health for pur-
26 committees of the conference called by the director shall be
27 poses of this chapter may determine population for cities,
27 a legal charge against any funds available for administration
28 counties, and cities and counties.
28 of this chapter.
29
SEC. 135. Section 1102 of the Health and Safety Code is
29
SEC. 137. Section 1110.5 of the Health and Safety Code is
30 amended to read:
30 amended to read:
31
1102. For the purposes of this chapter a "local health
31
1110.5. Nothing in this chapter or in any rule or regula-
32 department" shall be interpreted to mean any one of the fol-
32 tion prescribed by the State Department of Public Health in
33 lowing public health administrative organizations:
33 accordance herewith shall compel any practitioner who treats
34
(a) A local health district created pursuant to Division 1,
34 the sick by prayer in the practice of the religion of any well
35 Part 2, Chapter 6 of the Health and Safety Code, which in-
35 recognized church, sect, denomination, or organization or any
36 cludes territory in one or more counties, and which includes at
36 persons covered by Sections 2731 and 2800 of the Business and
37 least all of the cities which have less than 50,000 population in
37 Professions Code to give any information about a disease or
38 such county or counties.
38 disability which is not infectious, contagious, or communicable
39
(b) A local health department serving one or more coun-
39 or authorize any compulsory education, medical examination,
40 ties which shall on the effective date of this act and thereafter
40 or medical treatment.
41 provide services to all cities whose population is less than 50,-
41
SEC. 138. Section 1111 of the Health and Safety Code is
42 000 in addition to the unincorporated territory of such county
42 amended to read:
43 or counties.
44
(c) A county health department which does not serve all
43 44 administer this chapter and the State Board of Public Health
1111. The State Department of Public Health shall
45 of the cities of less than 50,000 population, but which has the
45 shall adopt rules and regulations necessary thereto; provided,
46 provisional approval of the State Department of Public
46 however, that such rules and regulations shall be adopted only
47 Health, in accordance with Section 1140.
47 after consulation with and approval by the California Con-
48
(d) The health department of a city of 50,000 or greater
48 ference of Local Health Officers. Approval of such rules and
49 population, except that the governing body of such city by
49 regulations shall be by majority vote of those present at an
50 resolution may declare its intention to be included under the
50 official session.
51 jurisdiction of the county health department, or of the local
51
SEC. 139. Section 1112 of the Health and Safety Code is
52 amended to read:
46 -
47 -
1
1112. The State Department of Public Health may pro-
1 each local health department the amount SO certified. Any such
2
vide for consultant and advisory services and for the training
2 payments may be withheld by the State Department of Public
3
of technical and professional personnel in educational institu-
3 Health if a local health department fails to continue to meet
4 tions and field training centers approved by said department,
4 the minimum standards established, provided that not less
5 and for the establishment and maintenance of field training
5 than 45 days' advance notice of intention to withhold such pay-
6 centers in local health departments and in the State Depart-
6 ments, and the reasons therefor, shall be given to the governing
7 ment of Public Health.
7 body of the local health department.
8
SEC. 140. Section 1130 of the Health and Safety Code is
8
SEC. 145. Section 1157 of the Health and Safety Code is
9 amended to read:
9 amended to read:
10
1130. The State Department of Public Health, after con-
10
1157. In lieu of any other provisions of this chapter, upon
11 sultation with and approval by the Conference of Local Health
11 request of the board of supervisors of any county of less than
12 Officers, shall by board regulations establish standards of
12 40,000 population and upon the appropriation for public health
13 education and experience for professional and technical per-
13 purposes by such county of a sum of not less than fifty-five
14 sonnel employed in local health departments and for the orga-
14 cents ($0.55) per capita for the total county population, the
15 nization and operation of the local health departments. Such
15 State Department of Public Health may organize and operate
16 standards may include the maintenance of records of services,
16 a local public health service in such county. The State Depart-
17 finances and expenditures, which shall be reported to the State
17 ment of Public Health may conduct such local public health
18 Department of Public Health in a manner and at such times as
18 service either directly, or by contract with other agencies, or
19 it may specify.
19 by some combination of these methods as may be agreed upon
20
SEC. 141. Section 1140 of the Health and Safety Code is
20 by the State Department of Public Health and the board of
21 amended to read:
21 supervisors of the county concerned. The creation of a county
22
1140. Provisional approval may be given by the State
22 board of public health or a similar local advisory group shall
23 Department of Public Health to a county health department
23 be at the discretion of the board of supervisors. The state
24 which meets minimum standards as provided for in this chap-
24 financial assistance which is appropriated for public health
25 ter, but which does not serve all cities of less than 50,000 popu-
25 services in counties which have not qualified or do not elect to
26 lation within such county.
26 qualify for such funds under other provisions of this chapter,
27
SEC. 142. Section 1153 of the Health and Safety Code is
27 is hereby made available to the State Department of Public
28 amended to read:
28 Health for such purposes. Funds expended pursuant to this
29
1153. After determining the total amounts available to
29 Section shall be in accordance with law regarding expenditures
30 each area, the State Department of Public Health shall notify
30 of money appropriated out of the State Treasury, including
31 the governing body of each local health department of such
31 those in the Budget Act and any applicable provisions of the
32
amount, and of the conditions governing its availability.
32 Government Code.
33
SEC. 143. Section 1155 of the Health and Safety Code is
33
SEC. 146. Section 1203 of the Health and Safety Code is
34 amended to read:
34 amended to read:
35
1155. No funds appropriated for the purposes of this
35
1203. No clinics are eligible for licensure under this chap-
36 article shall be allocated to any local health department whose
36 ter, except the classes as defined in the following
37 professional and technical personnel and whose organization
37
(a) Charitable clinic is a clinic supported and maintained
38 and program do not meet the minimum standards established
38 in whole or in part by donations, bequests, gifts or contribu-
39 by the State Department of Public Health.
39 tions, in which advice, diagnosis, treatment, medicines, drugs,
40
SEC. 144. Section 1156 of the Health and Safety Code is
40 appliances or apparatus concerning bodily and mental disease
41 amended to read:
41 and injuries is given without charge. No corporation, other
42
1156. The basic and per capital allotments shall be paid
42 than a charitable corporation, shall operate a charitable clinic.
43 quarterly to the administrative body of each qualifying local
43 No natural person or persons shall operate a charitable clinic.
44 health department. Each quarterly payment may be adjusted
44 Nominal charges, made and collected from individuals advised
45 on a basis of the actual expenditures during the previous quar-
45 or treated in a charitable clinic to defray administrative costs,
46 ter, if such adjustment is necessary to maintain the minimum
46 if approved by the State Department of Public Health do not
47 proportional relationship of state and local expenditures as
47 affect a status or classification of a charitable clinic.
48 outlined in Section 1154. The State Department of Public
48
(b) A teaching and research clinic is a clinic operated by
49 Health shall certify to the State Controller the amounts to be
49 or affiliated with any institution of learning which teaches a
50 paid to each local health department each quarter and the State
50 recognized healing art and is approved by the state agency
51 Controller shall thereupon draw the necessary warrants, and
51 having regulation of the practice of that healing art.
52 the State Treasurer shall pay to the administrative body of
- 48
- 49
1
(c) An employer's clinic is a clinic operated by an em-
1
SEC. 149. Section 1213 of the Health and Safety Code is
2
ployer, or jointly by two 01 more employers, without profit to
2
amended to read:
3 them, for the prevention and treatment of accidental injuries
3
1213. Every clinic for which a license has been issued shall
4
to, and the care of the health of, their employees only.
4
be periodically inspected by a duly authorized representative
5
(d) An employees' clinic is a clinic operated by a group of
5
of the department. The department may delegate such of its
6 employees or jointly by employees and employers, without
6 authority under this chapter as it deems advisable to local
7 profit to the operators thereof or to any other person, for the
7 health departments, the staffs and inspectorial services of which
8 prevention and treatment of accidental injuries to, and the
8 have the written approval of the Department of Public Heatlh.
9 care of the health of, the employees comprising such group.
9 Reports of each inspection shall be prepared by the representa-
10
SEC. 147. Section 1204 of the Health and Safety Code is
10 tive conducting it upon forms prepared and furnished by the
11 amended to read:
11 department filed with the department.
12
1204. The provisions of this chapter do not apply to the
12
SEC. 150. Section 1236 of the Health and Safety Code is
13
following:
13
amended to read:
14
(a) Any clinic conducted, maintained or operated by the
14
1236. Any officer, employee or agent of the State Depart-
15 United States Government, or by any of its departments,
15
ment of Public Health may enter and inspect any building or
16 officers or agencies or by this state, or by any of its political
16
premises at any reasonable time to secure compliance with or to
17
subdivisions or districts, or by any city.
17
prevent a violation of any provision of this chapter.
18
(b) Clinics conducted, maintained, or operated as out-
18
SEC. 151. Section 1237 of the Health and Safety Code is
19
patient departments of hospitals.
19
amended to read:
20
(c) Any clinic conducted, maintained, or operated by any
20
1237. The district attorney of every county shall, upon ap-
21
establishment or institution licensed by the State Department
21
plication by the State Department of Public Health, or its au-
22
of Mental Hygiene Health exclusively for care and treatment
22
thorized representative, institute and conduct the prosecution
23 of any mentally disordered or other incompetent person re-
23
of any action for violation within his county of any provision
24 ferred to in Division 5 or 6 of the Welfare and Institutions
24
of this chapter.
25 Code.
25
SEC. 152. Section 1402.1 of the Health and Safety Code
26
SEC. 148. Section 1210 of the Health and Safety Code is
26
is amended to read:
27
amended to read:
27
1402.1. In addition to the requirements of Section 1402,
28
1210. Any person desiring a license under the provisions of
28
any person, political subdivision of the state or governmental
29 this chapter shall file with the State Department of Public
29
agency desiring a license under the provisions of this chapter
30 Health a verified application on a form prescribed and fur-
30 which shall cover a new facility or additional bed capacity or
31 nished by the department, containing:
31 the conversion of existing bed capacity to a different license
32
(a) The name and address of the clinic.
32 category, except outpatient and emergency services, shall file
33
(b) The name and address of the applicant who is respon-"
33 with the state department a verified statement on a form pre-
34 sible for control, management, and direction of the clinic.
34 scribed, prepared, and furnished by the department con-
35
(c) The name and address of the professional licentiate re-
35 taining:
36
sponsible for the professional activities of the clinic.
36
(a) The date applicant filed its complete application for
37
(d) The class of clinic to be operated.
37 new or additional bed capacity or conversion of an existing
38
(e) Complete information on the character and scope of ad-
38 bed capacity with the voluntary area health planning agency
39
vice and treatment to be provided.
39 or voluntary local health planning agency approved pursuant
40
(f) Complete description of the building, its location, facili-
40 to Section 437.7.
41 ties, equipment, apparatus, and appliances to be furnished and
42
41 42 agency or voluntary local health planning agency held a
(b) The date or dates the voluntary area health planning
used in the operation of the clinic.
43
(g) Source and anticipated amount of funds and income for
43 public hearing or hearings on the proposal, and evidence
44 the operation of the clinic covering the year for which the
44 that the applicant participated in the hearing in accordance
45
application is made.
45 with established procedures of such group.
46
(h) Anticipated volume of service to be rendered, the antici-
47
46 47 the consumer members of a voluntary area health planning
(c) The date the voluntary area health planning agency or
pated unit cost, and the anticipated unit charge to be made to
48
patients, covering the year for which the application is made.
48 agency acting as an appeals body or the Advisory Health
49
(i) Justification for the operation of the clinic.
49 Planning Council made a final and favorable decision concern-
50
(j) Such additional information as may be required by
50 ing the new or additional bed capacity or conversion of facil-
51
the department for the proper administration and enforcement
51 ities and a statement that the time for appeal has expired, or
52
of this chapter.
- 50
- 51 -
2 1 in the case of a modified approval, that the modifications have
been made, or
1 tion, be submitted to the department for suggestions and ap-
3
(d) That the time allowed for decision has passed and no
2 proval as to the social requirements of the occupants.
4 decision has been made or that the voluntary area health
3
SEC. 154. Section 1419 of the Health and Safety Code is
5 planning agency failed to act upon a lack of recommendation
4 amended to read:
7 6 by the voluntary local health planning agency within the time
5
1419. Any officer, employee, or agent of the State Depart-
allowed, or
6
ment of Public Health may enter and inspect any building or
8
(e) That more than 12 months have expired since a de-
7 premises at any reasonable time to secure compliance with, or
9 cision has been reached by the voluntary area health planning
8 to prevent a violation of, any provision of this chapter.
10 agency.
9
SEC. 155. Section 1420 of the Health and Safety Code is
11
SEC. 153. Section 1415 of the Health and Safety Code is
10 amended to read
12 amended to read:
11
1420. The District Attorney of every county shall, upon
13
14 the following institutions:
1415. The provisions of this chapter do not apply to any of
12 application by the State Department of Public Health, or its
13 authorized representative, institute and conduct the prosecu-
15
(a) Any hospital conducted, maintained or operated by the
14 tion of any action for violation within his county of any pro-
17 16 United States government or a duly authorized agency thereof.
15 visions of this chapter.
(b) Any hospital conducted, maintained or operated by this
16
SEC. 156. Section 1421 of the Health and Safety Code is
18 state or any state department, authority, bureau, commission,
17
amended to read:
19 or officer, nor to any hospital conducted, maintained or oper-
18
1421. The State Department of Public Health may dele-
20 ated by the Regents of the University of California, the au-
19 gate to local health departments, the staffs and inspectorial
21 tonomous character of said Regents of the University of Cali-
20 services of which have the written approval of the State De-
22 fornia having been established by the provisions of Article
21 partment of Public Health, the authority to verify compliance
23 IX, Section 9, of the Constitution of the State. However, a
22 with this chapter, investigate unlicensed facilities, inspect
24 local hospital district or city is not a state agency or a state
23 licensed facilities, consult with licensees, require licensees to
25 department, authority, bureau, commission, or officer within
24 comply with statutory provisions and the rules and regula-
26 the meaning of this subdivision, and this subdivision does not
25 tions of the state department, and to recommend disciplinary
27 exempt a hospital conducted, maintained, or operated by a
26 action by the state department against licensees. In exercising
29 28 ter. local hospital district or city from the provisions of this chap-
27 the authority SO delegated, the local health department shall
28 conform to the requirements of this chapter and to the rules
30
(c) Any hospital conducted by and for the adherents of
29 and regulations as interpreted by the state department.
31 any well recognized church or religious denomination for the
30
SEC. 157. Section 1421.5 of the Health and Safety Code is
32 purpose of providing facilities for the care or treatment of the
31
amended to read:
33 sick who depend upon prayer or spiritual means for healing
32
1421.5. On or before the first day of January of any calen-
34 in the practice of the religion, of such church or denomination.
33 dar year, the board of supervisors of any county with a popu-
35
(d) Hotels or other similar places that furnish only board
34 lation if excess of 6,000,000 persons may elect to have the
36
and room, or either, to their guests.
35 county health department during the next succeeding fiscal
37
(e) Establishments, institutions, homes, and other places
36 year, commencing on July 1st of such calendar year, verify
38 for the reception and care of the insane, alleged insane, men-
37 compliance with this chapter, investigate unlicensed facilities,
39 tally ill, mentally deficient, or other incompetent persons re-
38 consult with licensees, require licensees to comply with statu-
40 ferred to in Division 6 of the Welfare and Institutions Code,
39 tory provisions and the rules and regulations of the state
41 subject to the jurisdiction of the State Department of Mental
40 department, recommend disciplinary action by the state de-
42 Hygiene Health.
41 partment against licensees, and recommend to the district
43
(f) Establishments, institutions, homes, and other places for
42 attorney the prosecution of any action for the violation of any
44 the reception and care of children or of aged persons referred
43 provision of this chapter in such county.
45 to in Divisions 2 and 3 of the Welfare and Institutions Code,
44
The election shall be made by the adoption by the board
46 respectively, subject to the jurisdiction of the State Depart-
45 of supervisors of an ordinance which recites that, pursuant to
47 ment of Social Welfare Health.
46 this section, the board of supervisors has elected to have the
48
(g) County hospitals, except that the department shall in-
47 county health department perform hospital inspection and en-
49 vestigate, examine and make reports upon such hospitals, and
48 forcement functions in such county during the next succeeding
50 except that all plans for the use of existing buildings or for
49 fiscal year. Immediately, upon the adoption of the ordinance,
51
new buildings, parts of buildings, or additions to or alterations
50 a certified copy of the ordinance shall be transmitted to the
52 in buildings, for any such hospitals shall, before their adop-
51 state department.
52
- 53
1
In exercising the authority which is vested in it pursuant to
2 this section and the election of the board of supervisors, the
1 county physician or other person in charge of the county hos-
3 county health department shall conform to the requirements
2 pital, the board of supervisors of the county may authorize the
4 of this chapter and to the rules and regulations as interpreted
3 destruction of any record, paper or document prescribed by
5 by the state department. It shall, however, have the power
4 the department following compliance with the conditions pre-
6 to recommend directly to the district attorney the prosecution
5 scribed in Section 26205 of the Government Code.
8 7 of any action for the violation of any provision of this chapter.
6
SEC. 160. Section 1509 of the Health and Safety Code is
During any fiscal year in which the board of supervisors of
7 amended to read:
9 the county has elected to have the county health department
8
1509. The State Board of Department of Health shall
10 perform hospital inspection and enforcement functions in such
9 make, promulgate, and may thereafter modify, amend or re-
11 county, the costs of the performance of such inspection and
10 scind, reasonable rules and regulations to carry out the pur-
12 enforcement functions by the county health department shall
11 poses of this chapter, prescribing minimum standards regard-
13 be paid by the state. Such expenditures shall not, however,
12 ing physical welfare, health, safety, and sanitation; which shall
14 exceed amounts appropriated by the Legislature for the pur-
13 be maintained by any licensee or applicant for license under
15 pose of such inspection and enforcement.
14 the provisions of this chapter.
16
Each health department performing such inspection and en-
15
The state department shall consult with and obtain the ad-
17 forcement functions shall at such times and in such manner
16 vice and recommendations of such other public or private
18 as required by the State Director of Public Health, present to
17 authorities as it deems advisable in order that the minimum
19 the director a proposed annual budget for the reasonable cost,
18 standards prescribed pursuant to this section shall give proper
20 including necessary overhead, of such inspection and enforce-
19 recognition to the interdependence of services concerned with
21 ment functions to be conducted hereunder by the county health
20 mental, physical, and social welfare and education of handi-
22 department. Such budget shall be examined by the director
21 capped persons. The State Board of Department of Health
23 and, to the extent found by him to be reasonable for efficient
22 shall give due consideration to such advice and recommenda-
24 inspection service, and after concurrence by the Department
23 tions in prescribing said minimum standards.
25 of Finance, shall be approved in writing. Nothing in this sec-
24
SEC. 161. Section 1513 of the Health and Safety Code is
26 tion shall prevent a county health department from providing
25 amended to read:
27 more than the minimum inspectional services as prescribed
26
1513. The provisions of this chapter do not apply to any
28 in Section 1421 providing that the cost of such additional
27 of the following:
29 service shall be borne by the county health department.
28
(a) Establishments conducted, maintained, or operated by
30
During any period with regard to which federal law requires
29 the United States government or a duly authorized agency
31 state inspection of hospitals other than as provided in this
30 thereof.
32 section as a condition for the receipt of federal aid for medical
31
(b) Establishments whose activities are restricted solely to
33 care, the provisions of this section shall not be operative.
32 the reception and care of the insane, alleged insane, mentally
34
SEC. 158. Section 1424 of the Health and Safety Code is
33 ill, mentally deficient, or other incompetent persons referred to
35 amended to read:
34 in Division 6 of the Welfare and Institutions Code, subject to
36
1424. The Departments of Social Welfare, Mental Hygiene,
35 the jurisdiction of the State Department of Mental Hygiene
37 Rehabilitation - and Public Health may enter into an agree-
36 Health.
38 ment under the provisions of Chapter 5 (commencing with
37
(c) Establishments subject to the licensing provisions of
39 Section 6500) of Division 7 of Title 1 of the Government Code,
38 Chapter 2 of Division 2 of this code.
40 whereunder any such either department may administer all or
39
(d) Services, including special services, provided by licensed
41 any portion of the licensing functions of any or all of the
40 practitioners of the healing arts who are governed by Division
42 other departments department
41 2 of the Business and Professions Code. However, any estab-
43
SEC. 159. Section 1457 of the Health and Safety Code is
42 lishment operated, conducted, or maintained by any such li-
44 amended to read:
43 censed practitioner for the purpose of rendering special serv-
45
1457. The Department of Public Health with the advice
44 ices to handicapped persons is subject to the provisions of this
46 of the Department of Social Welfare, shall prescribe the rec-
45 chapter.
47 ords to be kept by county hospitals of persons received into or
46
(e) Establishments established, conducted or maintained by
48 discharged from such institutions, including, but not limited
47 or under the jurisdiction of, the Department of Education, a
49 to, records for the admission and processing of county hospital
48 county superintendent of schools or of any school district.
50 patients.
49
SEC. 162. Section 1514 of the Health and Safety Code is
51
The records shall be preserved and maintained pursuant to
50 amended to read:
52
regulations adopted by the department, or at the request of the
51
1514. Nothing in this chapter authorizes the state depart-
52 ment or the State Board of Health to establish rules and regu-
55
- 54
1 audiometry at an accredited university or college, as prescribed
1 lations concerning the content of the academic curriculum of
2 by the State Board of Public Department of Health, may be
2
any applicant or licensee, or concerning the qualification or cer-
3 issued certificates of registration without further examination.
3 tification of teachers in the educational curriculum of any
4
The state board department shall require a registration fee
4 applicant or licensee.
5 not in excess of ten dollars ($10) for each certificate issued.
5
SEC. 163. Section 1600.6 of the Health and Safety Code is
6 Such fee shall be based upon a determination by the board
6 amended to read:
7 department as to the amount that is reasonably necessary to
7
1600.6. "Department" means the State Department of
8 pay for the costs of the issuance of certificates of registration.
8 Public Health.
9
SEC. 167. Section 1701 of the Health and Safety Code is
9
SEC. 164. Section 1651 of the Health and Safety Code is
10 amended to read:
10 amended to read:
11
1701. There is in the State Department of Public Health a
11
1651. The State Department of Public Health shall ad-
12 Cancer Advisory Council composed of nine physicians and
12 minister the provisions of this chapter.
13 surgeons licensed to practice medicine in, and residing in, this
13
Every provision of this chapter shall be liberally construed
14 state, three persons who are not physicians and surgeons, two
14
to protect the interests of all persons and animals affected.
15 persons representing nonprofit cancer research institutes rec-
15
As used in this chapter, "person" includes: laboratory,
16 ognized by the National Cancer Institute, and the director of
16 firm, association, corporation, copartnership, and educational
17 the department, who shall be an ex officio member. The mem-
17
institution.
18 bers of the council shall be appointed by the Governor to serve
18
As used in this chapter, "board" means the State Board
19 for terms of four years. The Governor, in appointing the first
19
of Public Health.
20 members, shall appoint at least one member from the faculty
20
As used in this chapter, or "department" means the De-
21 of each of the schools teaching medicine and surgery and lo-
21 partment of Public Health.
22 cated in this state that are approved by the State Board of
22
SEC. 165. Section 1685 of the Health and Safety Code is
23 Medical Examiners. The Governor shall endeavor to maintain
23 amended to read:
24 one member from the faculty of each school in making subse-
24
1685. The governing body of a city, county, city and county
25 quent appointments.
25 or school district may employ one or more school audiometrists,
26
SEC. 168. Section 1725 of the Health and Safety Code is
26 each of whom shall be registered with the State Board of
27 amended to read:
27 Public Department of Health and possess such qualifications as
28
1725. It is the purpose of this chapter to license home
28 may at the date of registration be prescribed by the state
29 health agencies in order to permit certain agencies to meet the
29 board department.
30 requirements of federal law as provided in Public Law 89-97,
30
Audiometric testing as conducted by the qualified school
31 the Social Security Amendments of 1965. By passing a licens-
31 audiometrist, pursuant to Section 13300 of the Education
32 ing act it is the intent of the Legislature to allow all those who
32 Code, or by other qualified certificated school personnel, as
33 are qualified to provide home health services to the people of
33 defined in Sections 11751 and 11904 of the Education Code,
34 California. It is the further intent that the State Department
34 shall meet the standards which the State Board of Public
35 of Public Health shall establish high standards of quality for
35 Department of Health determines necessary to insure the ade-
36 home health agencies which provide such services.
36 quacy of hearing testing in the schools. Subject to Section
37
SEC. 169. Section 1727 of the Health and Safety Code is
37 11902 of the Education Code, audiometric tests may be ad-
38 amended to read:
38 ministered to school and preschool children in school buildings
39
1727. As used in this chapter, the following terms have the
39 and other places as are or may be used by schools, health de-
40 meanings set forth in this section:
40 partments or other agencies that provide qualified personnel
41
(a) "State department" means the State Department of
41 to conduct such tests.
42 Public Health.
42
SEC. 166. Section 1686 of the Health and Safety Code is
43
(b) "Home health agency" means a public agency or pri-
43 amended to read:
44 vate organization, or a subdivision of any such agency or or-
44
1686. The State Board of Public Department of Health
45 ganization, which-
45 shall, subject to the provisions of Section 1685, issue certifi-
46
(1) Is primarily engaged in providing skilled nursing serv-
46 cates of registration to school audiometrists and to qualified
47 ices and other therapeutic services to patients in the home on
47 supervisors of health, pursuant to Sections 11751 and 11903
48 a part-time or intermittent basis, including but not limited to
48 of the Education Code. The state board department shall pre-
49 a licensed hospital, sanatorium, nursing or convalescent home
49 scribe such qualifications as may be necessary for the testing
50 or local health department which incidentally to its primary
50 of the hearing of schoolchildren.
51 function provides health services in the home environment;
51
Candidates for registration who present evidence of having
52 satisfactorily completed the required training in audiology and
56
- 57
1
(2) Has policies, established by a group of professional per-
1 communities and from other resources throughout the state at
2
sonnel, including one or more physicians and one or more pub-
2 large.
3 lic health nurses as certified by the state department pursuant
3
(e) Providing consultation services with the emergency
4 to Section 600 of this code, to govern the services which it pro-
1 medical care committee of each county established under Sec-
5 vides, and provides for supervision of such services by a phy-
5 tion 1750 of this code.
6 sician or registered nurse, provided that skilled nursing serv-
6
Sec. 172. Section 2283.5 of the Health and Safety Code is
7 ices shall be supervised by a registered nurse. Such policies
7 amended to read:
8 shall be written and include, but not be limited to, those con-
8
2283.5. When any nuisance specified in this chapter is
9 cerning patient care, personnel, training and indoctrination,
9 found to exist on any property subject to the control of any
10 supervision and program evaluation;
10 state agency, the district shall notify the state agency of the
11
(3) Maintains clinical records on all patients, including a
11 existence of the nuisance. The provisions of Sections 2275,
12 plan of treatment prescribed by the patient's physician; and
12 2276, 2277, 2278, 2280, 2281, and 2282 shall govern the con-
13
(4) Meets such other standards, rules and regulations
13 tents of the notice and the manner of serving it, the right of
14 adopted by the state department.
14 the state agency to a hearing before the board, the hearing
15
(c) "Skilled nursing services" means those services ordi-
15 before the board, and the power of the district to abate the
16 narily provided by a registered nurse or licensed vocational
16 nuisance if it is not abated by the state agency. If the state
17 nurse in the home environment to patients under a plan of
17 agency determines that the order to prevent recurrence of the
18 treatment prescribed by the patient's physician who is licensed
18 breeding specified in the notice to abate the nuisance is ex-
19 to practice medicine in the state.
19 cessive or inappropriate for the intended use of the land, or if
20
(d) "Other therapeutic services" includes but is not lim-
20 the state agency determines that a nuisance, as specified in
21 ited to physical, speech or occupational therapy; medical social
21 Section 2271, does not exist, such agency may appeal the de-
22 services; and home health aide services.
22 cision of the board to the State Director of Public Health
23
(e) "Home health aide services" means those services ordi-
23 within 10 days subsequent to the hearing. The director shall
24 narily provided by an unlicensed person, including a practical
24 decide the matters on appeal and convey his decision to the
25 nurse, who is employed by a home health agency to provide
25 agency and district within 30 days of the receipt of the appeal.
26 supportive services to the patient in the home under the super-
26 The decision of the director shall be final and conclusive. If the
27 vision of a registered nurse or a physical, speech, or occupa-
27 control of the nuisance is performed by the district, the cost
28 tional therapist.
28 for such control is a charge against, and shall be paid from,
29
SEC. 170. Section 1756 of the Health and Safety Code is
29 the maintenance fund or from other funds for the support of
30 amended to read:
30 the state agency.
31
1756. Every emergency medical care committee shall, at
31
Any state agency and a district may enter into contrac-
32 least annually, report to the Advisory Health Planning Coun-
32 tual agreements to provide control of nuisances as defined in
33 cil, the state department, and the areawide comprehensive
33 this chapter. The authority which is granted by this paragraph
34 health planning agency for its area its observations and recom-
34 is in addition to any other authority which a state agency and
35 mendations relative to its review of the ambulance services,
35
a district may have to enter into contractual agreements for
36 emergency medical care, and first aid practices in that county.
36
such purpose.
37 The emergency medical care committee shall submit its obser-
37
As used in this section, the term "state agency" has the
38 vations and recommendations to the county board or boards of
38
meaning prescribed by Section 11000 of the Government Code.
39 supervisors which it serves for comment only.
39
SEC. 173. Section 3110 of the Health and Safety Code is
40
SEC. 171. Section 1760 of the Health and Safety Code is
40 amended to read:
41 amended to read:
41
3110. Each health officer knowing or having reason to
42
1760. The State Department of Public Health shall main-
42 believe that any case of the diseases made reportable by 11gu-
43 tain, in cooperation with local agencies, an Emergency Medical
43 lation of the Board of Public Department of Health, or any
44 Services Program including, but not limited to, the following:
44 other contagious, infectious or communicable disease exists, or
45
(a) Collection of data on the use of emergency medical
45 has recently existed, within the territory under his jurisdic-
46 services which will be of value in their development.
46 tion, shall take such measures as may be necessary to prevent
47
(b) Evaluation of emergency medical services.
47 the spread of the disease or occurrence of additional cases.
48
(c) Establishment of recommended standards for emergency
48
SEC. 174. Section 3226 of the Health and Safety Code is
49 medical services.
49 amended to read:
50
(d) Provision of plans whereby community medical emer-
50
3226. The laboratory shall submit such laboratory reports
51 gency services can be augmented by assistance from nearby
51
or records to the State Department of Public Health as are re-
52 quired by the regulation of the State Board of Public Health
- 58
- 59
1 department The health officer may destroy any copies of re-
1
2 ports which have been retained by him pursuant to this section
3382. The county health officer of each county shall or-
3 for a period of two years.
2 ganize and have in operation by January 1, 1962, an immuni-
4
SEC. 175. Section 3296 of the Health and Safety Code is
3 zation program SO that immunization is made available to all
5 amended to read:
4 persons required by this chapter to be immunized. He shall
6
3296. Whenever any person confined in any state institu-
5 also determine how the cost of such a program is to be re-
7 tion, as provided in Section 3351 of this code, subject to the
6 covered. To the extent that the cost to the county is in excess
8 jurisdiction of the Director of Corrections, dies, and any per-
7 of that sum recovered from persons immunized, funds made
9 sonal funds or personal property of such person remains in
8 available by the school districts may be used to pay the cost of
10 the hands of the Director of Corrections, such funds may be
9 the immunization of any person seeking admission to the
11 applied in an amount not exceeding three hundred dollars
10 public schools. The remainder of the cost shall be paid by the
12 ($300) to the payment of expenses relating to burial; pro-
11 county in the same manner as other expenses of the county
13 vided, however, that if no such funds are available, the State
12 are paid.
14 Department of Public Health shall reimburse the Director of
13
Immunization performed by a private physician shall be ac-
15 Corrections for such expenses in an amount not exceeding
14 ceptable for admission to school if the immunization is per-
16 three hundred dollars ($300).
15 formed and records are made in accordance with rules estab-
17
SEC. 176. Section 3380 of the Health and Safety Code is
16 lished by the State Department of Public Health.
18 amended to read:
17
SEC. 178. Section 3387 of the Health and Safety Code is
3380. No person may be unconditionally admitted as a
18 amended to read:
19
20 pupil of a private elementary or secondary school or as a pu-
19
3387. In enacting this chapter, it is the intent of the Legis-
21 pil of any school district unless prior to his first admission to
20 lature to provide a means for the eventual achievement of total
22 school in California he has been immunized against poliomye-
21 immunization against poliomyelitis. This chapter is intended
23 litis in the manner and with immunizing agents approved by
22 to provide exemptions from immunization under specified con-
24 the State Department of Public Health.
23 ditions. It is also designed to provide for the keeping of ade-
25
A person who presents evidence that he has received one
24 quate records of immunization SO that appropriate public
26 such immunizing dose of poliomyelitis vaccine may be ad-
25 agencies and the persons immunized will be able to ascertain
27 mitted on condition that within a period designated by regu-
26 that a person is fully immunized or only partially immunized.
28 lation of the State Department of Public Health he presents
27 It is also the intent of the Legislature that the persons re-
29 evidence that he has been fully immunized against poliomye-
28 quired to be immunized by this chapter be allowed to obtain
30 litis.
29 immunization from whatever medical source they SO desire,
31
A person who has not received any poliomyelitis vaccine may
30 subject only to the condition that the immunization be per-
32 be admitted on condition that within two weeks of the date of
31 formed in accordance with the regulations of the State Depart-
33 his admission he shall present evidence that he has obtained
32 ment of Public Health and that a record of the immunization
34 his first such immunizing dose and shall thereafter within a
33 is made in accordance with such regulations.
35 period designated by regulation of the State Department of
34
SEC. 179. Section 3400 of the Health and Safety Code is
36 Public Health present evidence that he has been fully immu-
35 amended to read:
37 nized against poliomyelitis.
36
3400. No person may be unconditionally admitted as a
This chapter does not apply to
37 pupil of a private elementary or secondary school or as a pupil
38
(a) Any person who is seeking admission to a public sec-
38 of any school district unless prior to his first admission to
39
40 ondary school as an "adult" as that word is defined in Sec-
39 school in California he has been immunized against measles
41 tion 5756 of the Education Code.
40 (rubeola) in the manner and with immunizing agents approved
(b) Any person who is seeking admission to a private sec-
41 by the State Department of Public Health.
42
43 ondary school for enrollment in a course consisting of less
42
A person who has not received an immunizing dose of measles
44 than 10 hours of instruction a week who attains his 21st
43 (rubeola) vaccine may be admitted on condition that within
45 birthday prior to the first day of the semester or other period
44 two weeks of the date of his admission he shall present evidence
46 of instruction for which he is seeking enrollment.
45 that he has been fully immunized against measles (rubeola).
47
(c) Any person who is seeking admission to a junior college
46
This chapter does not apply to
48 who has graduated from a high school located in this state.
47
(a) Any person who is seeking admission to a public second-
49
(d) Students 18 years of age or older seeking enrollment in
48 ary school as an "adult" as that word is defined in Section
50 an adult school or a class for adults.
49
5756 of the Education Code.
51
SEC. 177. Section 3382 of the Health and Safety Code is
50
(b) Any person who is seeking admission to a private sec-
52
amended to read:
51
ondary school for enrollment in a course consisting of less than
52 10 hours of instruction a week who attains his 21st birthday
- 61 -
- 60 -
1 bedding, or soiled rags or cloths unless they have been steri-
1 prior to the first day of the semester or other period of in-
2 lized by methods prescribed by or acceptable to the State De-
2 struction for which he is seeking enrollment.
3 partment of Public Health.
3
(c) Any person who is seeking admission to a junior col-
4
SEC. 185. Section 4008 of the Health and Safety Code is
4 lege who has graduated from a high school located in this
5 amended to read:
5 state.
6
4008. (a) The provisions of this chapter shall be enforced
6
(d) Students 18 years of age or older seeking enrollment
7 by the State Department of Public Health, or any local public
7 in an adult school or a class for adults.
8 health department.
8
SEC. 180. Section 3407 of the Health and Safety Code is
9
(b) Any health officer or inspector, upon demand and notice
9 amended to read:
10 of his authority, may, during reasonable hours, enter and in-
10
3407. In enacting this chapter, it is the intent of the Leg-
11 spect the ice, equipment, premises, sources of supply, and
11 islature to provide a means for the eventual achievement of
12 places of storage used by any person for storing or selling ice
12 total immunization against measles (rubeola). This chapter is
13 intended for human consumption or the preservation of food.
13 intended to provide exemptions from immunization under
14
SEC. 186. Section 4010.1 of the Health and Safety Code is
14 specified conditions. It is also designed to provide for the keep-
15 amended to read:
15 ing of adequate records of immunization SO that appropriate
16
4010.1. In areas where the service rendered by a person
16 public agencies and the persons immunized will be able to
17 is primarily agricultural and domestic service is only inciden-
17 ascertain that a person is immunized. It is also the intent of
18 tal thereto, the provisions of this chapter shall not apply ex-
18 the Legislature that the persons required to be immunized by
19 cept in specific areas in which the Department of Public
19 this chapter be allowed to obtain immunization from what-
20 Health has found its application to be necessary for the pro-
20 ever medical source they SO desire, subject only to the condi-
21 tection of the public health and has given written notice
21 tion that the immunization be performed in accordance with
22 thereof to the person furnishing or supplying water in such
22 the regulations of the State Department of Public Health and
23 area.
23 that a record of the immunization is made in accordance with
24
The Department of Public Health may prescribe reasonable
24 such regulations.
25 and feasible action to be taken by such persons or the con-
25
SEC. 181. Section 3701 of the Health and Safety Code is
26 sumers to insure that their domestic water will not be in-
26
amended to read:
27 jurious to health.
27
3701. For the purposes of this chapter the term "com-
28
SEC. 187. Section 4051 of the Health and Safety Code is
28 mon use" when applied to a drinking receptacle is defined
29 amended to read:
29 as its use for drinking purposes by, or for, more than one
30
4051. All water supply reservoirs of a public agency,
30 person without its being thoroughly cleansed and sterilized
31 whether heretofore or hereafter constructed, shall be open for
31 between consecutive uses thereof by methods prescribed by or
32 recreational use by the people of this state, subject to the regu-
32
acceptable to the State Department of Public Health.
33 lations of the State Department of Public Health.
33
SEC. 182. Section 3751 of the Health and Safety Code is
34
SEC. 188. Section 4403 of the Health and Safety Code is
34
amended to read:
35 amended to read:
35
3751. Unsanitary packing material shall not be used until
36
4403. A vessel upon which any garbage has been loaded
36 it has been cleaned and disinfected to the satisfaction of the
37 with the intent that it shall be dumped or deposited upon any
37 State Department of Agriculture, State Department of Public
38 of the waters of the ocean where permitted by this article,
38 Health, or the agents of either or both, or by a county health
39 shall not leave any point within the state unless it shall carry
39 officer.
40 for the entire trip an inspector appointed by the State De-
40
SEC. 183. Section 3801 of the Health and Safety Code is
41 partment of Public Health, or where the point of departure
41
amended to read:
42 is in a city, then by the city. The inspector shall enforce the
42
3801. For the purpose of this chapter the term "common
43 provisions of this article.
43
use" when applied to a towel ineans its use by, or for, more
44
Every person in charge of a vessel which is required to have
44 than one person without its being laundered between consecu-
45 an inspector on board by this article, and which does not
45 tive uses of such towel by methods prescribed by or acceptable
46 carry an inspector during the entire trip, is guilty of a mis-
46 to the State Department of Public Health.
47 demeanor.
47
SEC. 184. Sectión 3901 of the Health and Safety Code is
48
SEC. 189. Section 4457 of the Health and Safety Code is
48
amended to read:
49 amended to read:
49
3901. No person shall supply or furnish to his employees
51 50 conform to, any sanitary rule, order, or regulation prescribed
4457. Every person who violates, or refuses or neglects to
50 for wiping rags, or sell or offer for sale for wiping rags, any
51 soiled wearing apparel, underclothing, bedding, or parts of
52 by the State Department of Public Health for the prevention
52 soiled or used underclothing, wearing apparel, bedclothes,
62
- 63 -
1 of the pollution of springs, streams, rivers, lakes, wells, or
1 permit, which would allow the opening of the body of water
2 other waters used or intended to be used for human or animal
2 to public fishing and the surrounding land area for other rec-
3 consumption, is guilty of a misdemeanor.
3 reational use pursuant to the coordinated plan.
4
SEC. 190. Section 4463 of the Health and Safety Code is
4
SEC. 192. Section 5465 of the Health and Safety Code is
5 amended to read:
5 amended to read:
6
4463. Before the reservoir and its surrounding land are
6
5465. Notwithstanding any other provision of law, in any
7 opened to public fishing the public agency owning or operating
7 district which is authorized to provide sewer facilities and the
8 the reservoir shall determine that such public fishing will not
8 district is authorized to incur bonded indebtedness after a
9 affect the purity and safety for drinking and domestic pur-
9 favorable vote of two-thirds of the votes cast at an election
10 poses of the water collected in the reservoir, and shall obtain
10 held for that purpose, if at the last two such elections such a
11 from the State Board of Public Department of Health a valid
11 favorable vote was not received, and if the health officer of the
12 water supply permit setting forth the terms and conditions
12 county in which the principal portion of the district is
13 upon which public fishing may be conducted in the reservoir
13 located makes a finding that the proceeds of any bond issue
14 and on its surrounding land.
14 are necessary for the construction of sewage facilities essen-
15
SEC. 191. Section 4470.1 of the Health and Safety Code is
15 tial to the public health and such officer certifies that a pres-
16 amended to read:
16 ent dangerous hazard to the public health exists, and the gov-
17
4470.1. The board of supervisors of any county wherein
17 erning body of such district or county shall, in conjunction
18 is located a body of water owned by a governmental agency,
18 with the public health officer, certify that they will cease and
19 which is used to supply water for human consumption may
19 desist in any activity which may contribute to such hazard,
20 by resolution request the governmental agency owning the
20 and such finding is concurred in by the State Department of
21 body of water to open the body of water to public fishing and
21 Public Health and the board of supervisors of such county as
22 the surrounding land area for other recreational use. The gov-
22 evidenced by resolution, or if the regional water quality con-
23 ernmental agency owning the body of water shall thereupon
23 trol board issues an order to the district to cease and desist,
24 make and file with said board of supervisors an estimate of the
24 and the fact of such order is stated in a resolution, then by
25 cost of preparing a coordinated plan for public fishing in said
25 resolution adopted by a four-fifths vote, the district board
26 body of water and other recreational uses in the surrounding
26 may call for a bond election and provide in the resolution call-
27 land area. Said board of supervisors thereupon may deposit
27 ing for such election that bonds for the district for the amount
28 with the governmental agency owning said body of water the
28 stated may be issued and sold if a majority of the votes cast at
29 amount of such estimate not exceeding two thousand five hun-
29 the election are in favor of incurring the bonded indebtedness
30 dred dollars ($2,500), and the governmental agency owning
30 as proposed. This section shall remain in effect until December
31 said body of water thereupon shall proceed promptly with and
31 31, 1973, and shall have no force or effect after that date.
32 complete such coordinated plan. In event the cost of preparing
32
SEC. 193. Section 5474.29 of the Health and Safety Code
33 such plan shall be less than the amount deposited by said
33 is amended to read:
34 board of supervisors, the excess shall be repaid by the govern-
34
5474.29. The State Department of Public Health, after
35 mental agency owning the body of water to the board of super-
35 consultation with the State Departments of Agriculture, and
36 visors which made such deposit. Such plan may provide for
36 Industrial Relations, may make and promulgate reasonable
37 development of the area by stages and may exclude from pub-
37 regulations in accordance with this chapter pursuant to Chap-
38 lic access structures, facilities or works of the agency neces-
38 ter 4.5 (commencing with Section 11371), Part 1, Division 3,
39 sary in supplying water for human consumption and such
39
Title 2 of the Government Code.
40 portions of the body of water and surrounding land area as
40
SEC. 194. Section 5474.30 of the Health and Safety Code
41 may be reasonably required for the protection, maintenance
41
is amended to read:
42 or operation of such structures, facilities or works. Such plan
42
5474.30. The primary responsibility for enforcement of the
43 may exclude such portions of the surrounding area as are
43 provisions of this chapter shall be vested in the local health
44 unsuitable for public recreational use. The coordinated plan
44 officers; county agricultural commissioners may participate in
45 may also include an estimate of the cost of the capital improve-
45 such enforcement. The State Departments of Public Health,
46 ments necessary or convenient for such public fishing and
46 Industrial Relations, and Agriculture may also enforce the
47 recreational uses, an estimate of the annual cost of mainte-
47 provision of this chapter.
48 nance and operation of the plan, and a recommendation as to
48
Any agency enforcing the provisions of this chapter shall
49 the manner in which the plan may be financed.
49 report any violation to all offices of the Division of Farm Labor
50 51 agency shall promptly make application to the State Depart-
After completion of the coordinated plan the governmental
50 Service of the Department of Employment Human Resources
51 Development located in the county where the violation occurs.
52 ment of Public Health for an amendment to its water supply
52 Such report shall identify the employer responsible for the
- 65
64
1 compelling cause is shown for the granting of the order.
1 violation, the nature of the violation, and the location of the
2 The clerk of the superior court shall send a copy of the peti-
2 food crop growing and harvesting operation where the viola-
3 tion to the State Department of Social Welfare Health and
3 tion occurs. The Division of Farm Labor Service shall not re-
4 the department shall send a copy of all records and informa-
4 fer persons for employment to any employer or food crop
5 tion it has concerning the adopted person with the name and
5 growing and harvesting operation identified in such report un-
6
address of the natural parents removed to the court. The court
6 til the agency reporting the violation certifies that the violation
7 must review these records before making an order and the
7 has been corrected.
8 order should SO state. If the petition is by or on behalf of an
8
SEC. 195. Section 7152 of the Health and Safety Code is
9 adopted child who has attained majority, these facts shall be
9
amended to read:
10 given great weight, but the granting of any petition is solely
7152. The following persons are eligible to receive gifts of
11 within the sound discretion of the court.
10
11 human bodies or parts thereof for the purposes stated:
12
The name and address of the natural parents shall be given
12
(a) The State Director of Public Health, any licensed hos-
13 to the petitioner only if he can demonstrate that such name
13 pital accredited by the Joint Commission on Accreditation of
14 and address, or either of them, are necessary to assist him in
14 Hospitals, any licensed physician or surgeon, or any medical
15 establishing a legal right.
15 school, college, university, or teaching institution for use in
16
SEC. 200. Section 11655.5 of the Health and Safety Code is
16 medical education, research, advancement of medical science,
17
amended to read:
17 therapy, or transplantation to individuals;
18
11655.5. The Legislature finds that there is a need to en-
18
(b) Any nonprofit blood bank, artery bank, eye bank, or
19 courage further research into the nature and effects of mari-
20 19 by the Director of Public Health under rules and regulations
other therapeutic service operated by any agency approved
20 juana (Cannabis sativa) and hallucinogenic drugs and to co-
21 ordinate research efforts on such subjects.
21 established by the director, for use in therapy or transplanta-
22
There shall be established a Research Advisory Panel which
22 tion to individuals;
23 shall consist of a representative of the State Department of
23
(c) Any specified individual for use in therapy or trans-
24 Public Health, a representative of the Department of Mental
24 plantation needed by him.
25 Hygiene, the Chairman of the Interagency Council on Drug
25
SEC. 196. Section 10001 of the Health and Safety Code is
26 Abuse, a representative of the California State Board of Phar-
26 amended to read:
27 macy, a representative of the Attorney General, a representa-
10001. The State Department of Public Health is charged
28 tive of the University of California who shall be a pharmacolo-
27 28 with the uniform and thorough enforcement of this division
29 gist or physician or a person holding a doctorate degree in the
29 throughout the state, and may promulgate additional regula-
30 health sciences, and a representative of a private university
30 tions for its enforcement.
31 in this state who shall be a pharmacologist or physician or a
31
SEC. 197. Section 10025 of the Health and Safety Code is
32 person holding a doctorate degree in the health sciences. The
amended to read:
33 Governor shall annually designate the private university repre-
32
33
10025. The Director of Public Health shall be the State
34 sented on the panel. Members of the panel shall be appointed
34 Registrar of Vital Statistics.
35 by the heads of the entities to be represented, and they shall
35
SEC. 198. Section 10066 of the Health and Safety Code is
36 serve at the pleasure of the appointing power.
36
amended to read:
37
The panel may hold hearings on, and in other ways study,
10066. Special county records of birth certificates and
38 research projects concerning marijuana (Cannabis sativa) or
37 38 death certificates transmitted and filed with the county re-
39 hallucinogenic drugs in this state. Members of the panel shall
39 corder under the provisions of this chapter shall be open for
40 serve without compensation, but shall be reimbursed for any
40 inspection by the public in accordance with rules and regula-
41 actual and necessary expenses incurred in connection with the
41 tions adopted by the State Department of Public Health for
42 performance of their duties.
42 local registrars.
43
The panel may approve research projects into the nature
43
SEC. 199. Section 10439 of the Health and Safety Code is
44 and effects of marijuana (Cannabis sativa) or hallucinogenic
44
amended to read:
45 drugs, and shall inform the Chief of the Bureau of Narcotic
10439. All records and information specified in this ar-
46 Enforcement of the head of such approved research projects
46 45 ticle, other than the newly issued birth certificate, shall be
47 which are entitled to receive quantities of marijuana (Can-
47
available only upon the order of the superior court of the
48 nabis sativa) pursuant to Section 11655.
county of residence of the adopted child or the superior court
49
The panel may withdraw approval of a research project at
48
of the county granting the order of adoption.
50 any time, and when approval is withdrawn shall notify the
49
No such order shall be granted by the superior court unless
51 head of the research project to return any quantities of mari-
50
51
a verified petition setting forth facts showing the necessity of
52
such an order has been presented to the court and good and
5-80068-C
66
67
1 juana (Cannabis sativa) to the Chief of the Bureau of Nar-
1
(a) "Hypnotic drug" including acetyluria derivatives,
2 cotic Enforcement.
2 barbituric acid derivatives, chloral, paraldehyde, sulfomethane
3
The panel shall report annually to the Legislature and the
3 derivatives, or any compounds or mixtures or preparations
4 Governor those research projects approved by the panel, the
4 that may be used for producing hypnotic effects.
5 nature of each research project, and, where available, the con-
5
(b) "Amphetamine" including amphetamine, desoxyephe-
6 clusions of the research project.
6 drine, or compounds or mixtures thereof.
7
SEC. 201. Section 11722 of the Health and Safety Code is
7
(c) "Lysergic acid," "LSD" (lysergie acid diethylamide)
8 amended to read:
8 and "DMT" (N-N-dimethyltryptamine), including their salts
9
11722. (a) Whenever any court in this state grants pro-
9 and derivatives, or any compounds, mixtures, or preparations
10 bation to a person who the court has reason to believe is or
10 which are chemically identical with such substances.
11 has been a user of narcotics, the court may require as a con-
11
(d) Any other substance or preparation, which the Depart-
12 dition to probation that the probationer submit to periodic
12 ment of Public Health, after investigation, has found to have,
13 tests by a city or county health officer, OF by a physician and
13 and by regulation adopted pursuant to the Administrative
14 surgeon appointed by the city or county health officer with
14 Procedure Act designates as having, a potential for abuse be-
15 the approval of the State Division of Narcotic Enforcement,
15 cause of its hallucinogenic effect; except that the department
16 to determine, by means of the use of synthetic opiate anti-
16 shall not designate under this subdivision any substance in-
17 narcotic in action whether the probationer is a narcotic addict.
17 cluded in Section 11001 or 11002 of this code or Section 23004
18
In any case provided for in this subdivision, the city or
18 of the Business and Professions Code. The authority of the
19 county health officer, or the physician and surgeon appointed
19 department to adopt regulations pursuant to this subdivision
20 by the city or county health officer with the approval of the
20 shall not be exercised except during those times when the
21 State Division of Narcotic Enforcement, shall report the re-
21 Legislature is not meeting in regular session. The department
22 sults of the tests to the probation officer.
22 may, by regulation, exempt any hallucinogenic drug, other
23
(b) In any case in which a person is granted parole by a
23 than those listed in subdivision (c), from the application of all
24 county parole board and the person is or has been a user of
24 or part of this division when it finds that regulation of such
25 narcotics, a condition of the parole may be that the parolee
25 drug as provided in this division is not necessary for the
26 undergo periodic tests as provided in subdivision (a) and that
26 protection of the public health. Substances or preparations
27 the county or city health officer, or the physician and surgeon
27 designated by regulations adopted pursuant to this subdivision
28 appointed by the city or county health officer with the approval
28 shall be the same insofar as practicable as those designated
29 of the State Division of Narcotic Enforcement, shall report
29 as having a potential for abuse because of their hallucinogenic
30 the results to the board.
30 effect by the United States Department of Health, Education,
31
(c) In any case in which any state agency grants a parole
31 and Welfare. Any regulation adopted pursuant to this sub-
32 to a person who is or has been a user of narcotics, it may be
32 division shall be drafted in the form of a proposed law for
33 a condition of the parole that the parolee undergo periodic
33 submission to the next succeeding regular session of the Legis-
34 tests as provided in subdivision (a) and that the county or city
34 lature and shall not remain in effect beyond 61 days after
35 health officer, or the physician and surgeon appointed by the
35 the final adjournment of that session of the Legislature. Not-
36 city or county health officer with the approval of the State
36 withstanding any other provision of law, any violation of Sec-
37 Division of Narcotic Enforcement, shall report the results of
37 tion 11910 which involves solely a substance or preparation
38 the tests to such state agency.
38 designated pursuant to this subdivision shall be punished by
39
(d) The cost of administering tests pursuant to subdivisions
39 a fine of not more than five hundred dollars ($500) or by im-
40 (a) and (b) shall be a charge against the county. The cost of
40 prisonment in the county jail not exceeding six months, or by
41 administering tests pursuant to subdivision (c) shall be paid
41 both such fine and imprisonment; any violation of any other
42 by the state.
42 provision of this division which involves solely a substance or
43
(e) The State Department of Public Health, in conjunction
43 preparation designated pursuant to this subdivision shall be
44 with the State Division of Narcotic Enforcement, shall issue
44 punished by a fine of not more than one thousand dollars
45 regulations governing the administering of the tests provided
45 ($1,000) or by imprisonment in the county jail not exceeding
46 for in this section and providing the form of the report re-
46 one year, or by both such fine and imprisonment.
47 quired by this section.
47
SEC. 203. Section 13399.6 of the Health and Safety Code
48
SEC. 202. Section 11901 of the Health and Safety Code is
48 is amended to read:
49 amended to read:
49
13399.6. The dangerously toxic concentrations of vapors
50
11901. "Restricted dangerous drugs," as used in this divi-
50 of solvents not defined in this chapter shall be established by
51 sion, means any of the following:
51 regulations adopted by the State Fire Marshal. The State Fire
- 68 -
- 69 -
1 Marshal shall seek the advice of the State Department of
1
SEC. 210. Section 25600 of the Health and Safety Code is
2 Public Health in developing such regulations.
2 amended to read:
3
SEC. 204. Section 18897.2 of the Health and Safety Code
3
25600. The Legislature finds and declares that radioactive
4 is amended to read:
4 contamination of the environment may subject the people of
5
18897.2. The State Director of Public Health shall adopt,
5 the State of California to unnecessary exposure to ionizing
6 in accordance with the provisions of Chapter 4.5 (commenc-
6 radiation unless it is properly controlled. It is therefore de-
7 ing with Section 11371, Part 1, Division 3, Title 2 of the
7 clared to be the policy of this state that the State Department
8 Government Code, and enforce such rules and regulations
8 of Public Health initiate and administer necessary programs
9 establishing minimum standards for organized camps and reg-
9 of surveillance and control of those activities which could lead
10 ulating the operation of organized camps as he determines are
10 to the introduction of radioactive materials into the environ-
11 necessary to protect the health and safety of the campers. In
11 ment.
12 adopting such rules and regulations the State Director of
12
SEC. 211. Section 25600.5 of the Health and Safety Code
13 Public Health shall consider the Resident Camp Standards of
13 is amended to read:
14 the American Camping Association.
14
25600.5. As used in this chapter the following terms have
15
SEC. 205. Section 18897.6 of the Health and Safety Code
15 the meanings described in this section:
16 is amended to read:
16
(a) "Department" means the State Department of Public
17
18897.6. Organized camps shall not be subject to regula-
17 Health.
18 tion by any state agency other than the State Department of
18
(b) "Environment" means all places outside the control of
19 Public Health and the State Fire Marshal; provided, that
19 the person responsible for the radioactive materials.
20 this section shall not affect the authority of the Department of
20
(c) "Field tracer study" is any project, experiment, or
21 Industrial Relations to regulate the wages or hours, of em-
21 study which includes provision for deliberate introduction of
22 ployees of organized camps.
22 radioactive material into the environment for experimental or
23
SEC. 206. Section 18897.7 of the Health and Safety Code
23 test purposes.
24 is amended to read:
24
(d) "Person" includes any association of persons, copart-
25
18897.7. No organized camp shall be operated in this state
25 nership or corporation.
26 unless each site or location in which the camp operates satisfies
26
(e) "Radiation," or "ionizing radiation," means gamma
27 the minimum standards for organized camps prescribed by the
27 rays and X-rays; alpha and beta particles, high-speed elec-
28 State Director of Public Health and the State Fire Marshal.
28 trons, neutrons, protons, and other nuclear particles; but not
29 Any violation of this section or of any rule or regulation
29 sound or radio waves, or visible, infrared, or ultraviolet light.
30 adopted pursuant to Section 18897.2 or Section 18897.3 of this
30
(f) "Radioactive material" means any material or combina-
31 code in the operation of organized camps is a misdemeanor.
31 tion of materials that spontaneously emits ionzing radiation.
32
SEC. 207. Section 24101 of the Health and Safety Code is
32
(g) "Radioactive waste" means any radioactive material
33 amended to read:
33 that is discarded as nonusable.
34
24101. The State Department of Public Health has super-
34
(h) "Significant" or "significantly," as applied to radio-
35 vision of sanitation, healthfulness, and safety of public swim-
35 active contamination, means such concentrations or amounts of
36
ming pools.
36 radioactive material as are likely to expose persons to ionizing
37
SEC. 208. Section 24156 of the Health and Safety Code is
37 radiation equal to or greater than the guide levels published by
38 amended to read
38 the Federal Radiation Council.
39
24156. The State Department of Public Health has super-
39
(i) "Radiological monitoring" means the measurement of
40 vision of sanitation, healthfulness, and safety of the public
40 the amounts and kinds of radioactive materials in the en-
41 beaches and public water-contact sport areas of the ocean
41 vironment.
42 waters and bays of the state and the department may make
42
Sec. 212. Section 25661 of the Health and Safety Code is
43 and enforce such rules and regulations pertaining thereto as
43 amended to read:
44 it deems proper.
44
25661. As used in this chapter:
45
SEC. 209. Section 24159 of the Health and Safety Code is
45
(a) "Department" means the State Department of Public
46 amended to read:
46
Health.
47
24159. Nothing contained in this article shall be construed
47
(b) "Board" means the State Board of Public Department
48 to give the State Department of Public Health the authority
48 of Health.
49 to fix the areas wherein water-contact sports may be engaged
49
(c) "Committee" means the Radiologic Technology Certifi-
50 in or to affect the authority of the State Water Pollution Con-
50
cation Committee.
51 trol Board or regional water pollution control boards to fix
52 appropriate areas for various uses.
- 71
70
1
1
(d) "Radiologic technology" means the application of
25696. The board department may establish a schedule of
2 X-rays on human beings for diagnostic or therapeutic pur-
2 fees for permits issued pursuant to subdivisions (c) and (e)
3 poses.
3 of Section 25668, Sections 25670, 25699.1, and 25699.2, pro-
4
4 vided that such fees do not exceed the maximum authorized
(e) "Radiologic technologist" means any person other than
5
a licentiate of the healing arts making application of X-rays
5 in Section 25694, and further provided that the revenue from
6 to human beings for diagnostic or therapeutic purposes pur-
6 such fees shall be related to the costs of administering the
7 suant to subdivision (b) of Section 25668.
7 provisions of this chapter.
8
8
(f) "Limited permit" means a permit issued pursuant to
SEC. 215. Section 25697 of the Health and Safety Code is
9 subdivision (c) of Section 25668 to persons to conduct
9 amended to read:
10
10 radiologic technology limited to the performance of certain
25697. The board department may establish a schedule of
11 procedures or the application of X-ray to specific areas of the
11 fees to be paid by schools applying for approval as approved
12 human body.
12 schools for radiologie technologists and, on an annual basis, by
13
(g) "Approved school for radiologic technologists" means
13 schools which are included on the department's list of approved
14 a school which the department has determined provides a
14 schools for radiologic technologists. Such fees shall not exceed
15 course of instruction in radiologic technology which is ade-
15 ten dollars ($10) per year per registered student.
16
16 quate to meet the purposes of this chapter.
SEC. 217. Section 25771 of the Health and Safety Code is
17
(h) "Supervision" means responsibility for, and control of,
17 amended to read:
18
18 quality, radiation safety, and technical aspects of all X-ray
25771. The Department of Public Health shall keep cur-
19 examinations and procedures.
19 rent information on the permits or licenses issued by the
20
(i) "Licentiate of the healing arts" means a person licensed
20 United States Atomic Energy Commission in the state and
21 under the provisions of Chapter 5 (commencing with Section
21 shall transmit such information to the Coordinator of Atomic
22 2000) of Division 2 of the Business and Professions Code who
22 Energy Development Secretary of the Resources Agency and
23 possesses a certificate issued under the provisions of Section
23 upon request to any state department or agency or member
24
24 2135 of such code, and a person licensed under the provi-
of the public.
25 sions of the initiative act entitled "An act prescribing the
25
SEC. 218. Section 25812 of the Health and Safety Code is
26 terms upon which licenses may be issued to practitioners of
26 amended to read:
27 chiropractic, creating the State Board of Chiropractic Exam-
27
25812. The department shall not grant any license to re-
28 iners and declaring its powers and duties, prescribing penal-
28 ceive radioactive material from other persons for disposal on
29 ties for violation thereof, and repealing all acts and parts of
29 land unless all of the following requirements are satisfied:
30 acts inconsistent herewith," approved by electors November 7,
30
(a) The land on which the radioactive wastes are to be
31 1922, as amended, or under the "Osteopathic Act."
31 buried is owned by the federal or state government.
(j) "Certified supervisor or operator'' means a licentiate of
32
32
(b) The department determines that the site is consistent
33 the healing arts who has been certified under the provisions of
33 with the public health and safety.
34 subdivision (e) of Section 25668, Section 25699.1, or Section
34
(c) The department receives a finding from the Coordinator
35 25699.2, to supervise the operation of X-ray machines or to
35 of Atomic Energy Development Secretary of the Resources
36 operate X-ray machines. or both.
36 Agency that the establishment and operation of the site will
37
SEC. 213. Section 25663 of the Health and Safety Code is
37 be of economic benefit to atomic energy development in this
38 amended to read:
38 state. The coordinator, in arriving at such a finding, shall con-
39
25663. The State Board of Public Department of Health
39 sult with the Advisory Council on Atomic Energy Develop-
40 shall appoint a certification committee to assist, advise, and
40 ment. If the Office of Nuclear Energy is not in operation, the
41 make recommendations for the establishment of rules and
41 finding that the establishment and operation of the site will
42 regulations necessary to insure the proper administration and
42 be of economic benefit to atomic energy development in this
43 enforcement of the provisions of this chapter, and for those
43 state shall be made by the State Board of Public Department
44 purposes to serve as consultants to the department. The ap-
44 of Health.
45 pointments shall be made from lists of at least three nominees
45
SEC. 219. Section 25896 of the Health and Safety Code is
46 for each position submitted by appropriate professional as-
46
amended to read:
47 sociations and societies designated by the Director of Public
47
25896. Any person is guilty of a misdemeanor who manu-
48 Health, and provisions shall be made for orderly rotation of
48 factures, sells, or exchanges, has in his possession with intent
49 membership.
49 to sell or exchange, or exposes or offers for sale or exchange to
50
SEC. 214. Section 25696 of the Health and Safety Code is
50 any retailer, any toy which either (1) is coated with paints
amended to read:
51 and lacquers containing compounds of lead of which the lead
51
52 content (calculated as Pb) is in excess of 1 percent of the
- 72 -
- 73
1 total weight of the contained solids (including pigments and
1 rent good manufacturing practice" as used in this chapter;
2 drier), or soluble compounds of antimony, arsenic, cadmium,
2 provided, that such regulations shall conform, insofar as prac-
3 mercury, selenium or barium, introduced as such; compounds
3 ticable, to those promulgated by the Secretary of Health, Edu-
4 are considered soluble if quantities in excess of 0.1 percent are
4 cation, and Welfare.
5 dissolved by 5 percent hydrochloric acid after stirring for 10
5
SEC. 224. Section 26243 of the Health and Safety Code is
6 minutes at room temperature; (2) consists in whole or in part
6 amended to read:
7 of a diseased, contaminated, filthy, putrid or decomposed sub-
7
26243. (a) A drug shall be deemed to be misbranded unless
8 stance; (3) has been produced, prepared, packed or held under
8 its label bears, to the exclusion of any other nonproprietary
9 insanitary conditions; (4) is stuffed, padded, or lined with
9 name (except the applicable systematic chemical name or the
10 materials which are toxic or which would otherwise be hazard-
10 chemical formula), (1) the established name of the drug, if
11 ous if ingested; or (5) is a stuffed, padded, or lined toy which
11 such there be; and (2) in case it is fabricated from two or
12 is not securely wrapped or packaged.
12 more ingredients, the established name and quantity of each
13
The State Department of Public Health and local health
13 active ingredient, including the kind and quantity or propor-
14 officers shall enforce the provisions of this chapter.
14 tion of any alcohol, and also including, whether active or not,
15
SEC. 220. Section 25990.5 of the Health and Safety Code
15 the established name and quantity or proportion of any bro-
16 is amended to read:
16 mides, ether, chloroform, acetanilid, acetphenetidin, antipyrine,
17
25990.5. The State Board of Public Department of Health
17 atropine, hyoscine, hyoscyamine, codeine, arsenic, digitalis,
18 may promulgate regulations governing the entry, quarantine,
18 digitalis glucosides, mercury, ouabain, strophanthin, strych-
19 or release from quarantine, of any and all wild animals im-
19 nine, barbituric acid, or any derivative or preparation of any
20 ported into this state pursuant to the provisions of this chap-
20 such substances, contained therein. The requirement for stating
21 ter. The regulations shall be designed to protect the public
21 the quantity of the active ingredients, including the quantity
22 health against diseases known to occur in any such animals.
22 of those specifically named in this paragraph, shall apply to
23
SEC. 221. Section 26011 of the Health and Safety Code is
23 all drugs, including prescription drugs; provided that for non-
24 amended to read:
24 prescription drugs, and except as to the quantity of the in-
25 26011. "Department" means the State Department of
25 gredients specifically named in this paragraph which must be
26 Public Health.
26 stated on the label, this requirement shall be satisfied by either
27
SEC. 222. Section 26051 of the Health and Safety Code is
27 stating such quantities on the label of the drug or by filing a
28 amended to read:
28 statement of such quantities with the State Department of
29
26051. The provisions of this chapter shall be administered
29 Public Health. When such a statement is filed with the depart-
30 by the department in accordance with the provisions of Arti-
30 ment, it shall make the information provided therein available
31 cle 6 (commencing with Section 26320) of Chapter 2 of Divi-
31 to local public and private health agencies, poison control
32 sion 21 of the Health and Safety Code, and the department
32 centers, licentiates of the healing arts, the Californa State
33 shall have all of the powers granted to the board or depart-
33 Board of Pharmacy, and others, to promote the purposes of
34 ment in that article, and for this purpose a cosmetic shall be
34 this requirement. The department may exempt any nonpre-
35 deemed a drug as that term is used in that article.
35 scription drug from the requirement of stating the quantity
36
SEC. 223. Section 26234 of the Health and Safety Code is
36 of the active ingredients, other than those specifically named
37 amended to read:
37 in this paragraph, upon a showing by the applicant through
38
26234. A drug or device shall be deemed to be adulterated
38 evidence satisfactory to the department that the granting of
39 (1) if it consists in whole or in part of any filthy, putrid or
39 the exemption will not endanger the public health. For any
40 decomposed substance; or (2) if it has been produced, pre-
40 prescription drug the established name of such drug or ingre-
41 pared, packed, or held under insanitary conditions whereby it
41 dient, as the case may be, on such label (and on any labeling
42 may have been contaminated with filth, or whereby it may
42 on which a name for such drug or ingredient is used) shall be
43 have been rendered injurious to health; or (3) if it is a drug
43 printed prominently and in type at least half as large as that
44 and the methods used in, or the facilities or controls used for,
44 used thereon for any proprietary name or designation for such
45 its manufacture, processing, packing, or holding do not con-
45 drug or ingredient.
46 form to or are not operated or administered with current good
46
This section shall not apply to any drug shipped by a manu-
47 manufacturing practice to assure that such drug meets the
47 facturer or packer to a retailer or wholesaler before the opera-
48 requirements of this chapter as to safety and has the identity
48 tive date of this section. Any such drugs SO shipped shall
49 and strength and meets the quality and purity characteristics
49 comply with the provisions of this section on and after July
50 which it purports or is represented to possess. The board de-
50 1, 1973.
51 partment shall promulgate such interpretative regulations as
51
(b) The department may establish regulations requiring an
52 the board department determines is necessary to define "cur-
52 applicant for an exemption pursuant to subdivision (a) of
74
- 75 -
1 this section to pay a reasonable fee not to exceed one hundred
1 cautionary statements shall be printed as prescribed in Chap-
2 dollars ($100).
2 ter 10 (commencing at Section 25900), Division 20 of this
3
SEC. 225. Section 26255 of the Health and Safety Code is
3 code. A drug to which subdivision (1) of this section does not
4 amended to read:
4 apply shall be deemed to be misbranded if at any time prior
5
26255. (1) A drug intended for use by man which:
5 to dispensing its label bears the caution statement provided
6
(a) Is a habit-forming drug to which Section 26254 ap-
6 for in this subdivision.
7
plies, or
7
(5) Nothing in this section shall be construed to relieve
8
(b) Because of its toxicity or other potentiality for harm-
8 any person from any requirement described by or under
9 ful effect, or the method of its use, or the collateral measures
9 authority of law with respect to drugs now included or which
10 necessary to its use, is not safe for use except under the super-
10 may hereafter be included within the classifications stated in
11 vision of a practitioner licensed by law to administer such
11 Division 10 (commencing at Section 11000) of this code.
12 drug; or
12
SEC. 226. Section 26271 of the Health and Safety Code is
13
(c) Is limited by an effective application under Section
13 amended to read:
14 26288 to use under the professional supervision of a practi-
14
26271. No person shall compound for, give, or sell to any
15 tioner licensed by law to administer such drug, shall be dis-
15 person any drugs, medicines, or other substances advertised,
16 pensed only (i) upon a written prescription of a practitioner
16 called for, labeled, or to be used for, the cure or treatment of
17 licensed by law to administer such drug, or (ii) upon an oral
17 gonorrhea, syphilis, chancroid, lymphogranuloma inguinale, or
18 prescription of such practitioner which is reduced promptly
18 granuloma inguinale except upon prescription of a duly li-
19 to writing and filed by the pharmacist, or (iii) by refilling
19 censed physician. Such prescription shall not be transferable
20 any such written or oral prescription if such refilling is au-
20 to any person except the patient whose name appears thereon,
21 thorized by the prescriber either in the original prescription
21 and shall be kept on file by the person or firm providing the
22 or by oral order which is reduced promptly to writing and
22 drug, medicine, or substance for two years during which it
23 filed by the pharmacist. The act of dispensing a drug contrary
23 shall be open to inspection by any authorized agent of the State
24 to the provisions of this paragraph shall be deemed to be an
24 Department of Public Health. Prescriptions containing sulfa-
25 act which results in the drug being misbranded while held for
25 nilamide, its compounds or derivatives, issued under this sec-
26 sale.
26 tion, cannot be refilled without the order of the physician who
27
(2) Any drug dispensed by filling or refilling a written or
27 prescribed same.
28 oral prescription of a practitioner licensed by law to admin-
28
SEC. 227. Section 26273 of the Health and Safety Code
29 ister such drug shall be exempt from the requirements of Sec-
29 is amended to read:
30 tions 26241, 26242, 26243, 26244, 26245, 26246, 26247, 26250,
30
26273. Whenever the board department determines that an
31 and 26254, and the provisions of Section 26249 deeming a drug
31 advance in medical science has made any type of self-medica-
32 misbranded if its container is SO formed, made, or filled as to be
32 tion safe as to any of the diseases named in Section 26286.5,
33 misleading, except the packaging requirements of Sections
33 the board department shall by regulation authorize the adver-
34 26245, 26246 and 26247, if the drug bears a label contain-
34 tisement of drugs or devices having curative or therapeutic
35 ing the name and address of the dispenser, the serial number
35 effect for such disease, subject to such conditions and restric-
36 and date of the prescription or of its filling, the name of the
36 tions as the board department may deem necessary in the in-
37 prescriber, and, if stated in the prescription, the name of the
37 terests of public health.
38 patient, and the directions for use and cautionary statements,
38
SEC. 228. Section 26289 of the Health and Safety Code is
39 if any, contained in such prescription. This exemption shall not
39 amended to read:
40 apply to any drug dispensed in the course of the conduct of
40
26289. Within 180 days after the filing of an application
41 a business of dispensing drugs pursuant to diagnosis by mail,
41 provided for in subdivision (2) of Section 26288, or such ad-
42 or to a drug dispensed in violation of subdivision (1) of this
42 ditional period as may be agreed upon by the board depart-
43 section.
43 ment and the applicant, the board department shall either
44
(3) The board department may by regulation remove drugs
44
(1) Approve the application if it finds that none of the
45 subject to Section 26254 and Section 26288 from the require-
45 grounds for denying approval specified in Section 26290 ap-
46 ments of subdivision (1) of this section when such require-
46 plies, or
47 ments are not necessary for the protection of the public health.
47
(2) Give the applicant notice for an opportunity for a hear-
48
(4) A drug which is subject to subdivision (1) of this sec-
48 ing before the board department on the question whether such
49 tion shall be deemed to be misbranded if at any time prior to
49 application is approvable. If the applicant elects to accept the
50 dispensing its label fails to bear the statement "Caution:
50 opportunity for hearing by written request within 30 days
51 Federal law prohibits dispensing without prescription,' or
51 after such notice, such hearing shall commence not more than
52
"Caution: Not to be dispensed without a prescription.' The
52
90 days after the expiration of such 30 days unless the board
77
- 76
1 fect it purports or is represented to have under the conditions
1 department and the applicant otherwise agree. Any such hear-
2 of use prescribed, recommended, or suggested in the proposed
2 ing shall thereafter be conducted on an expedited basis and
3 labeling or advertising thereof.
3 the board department order thereon shall be issued within 90
4
(f) The application contains any untrue statement of a
4 days after the date fixed by the board department for filing
5 material fact.
5 final briefs.
6
SEC. 231. Section 26290.5 of the Health and Safety Code
6
SEC. 229. Section 26289.5 of the Health and Safety Code
7 is amended to read:
7 is amended to read:
8
26290.5. (a) The board department shall issue an order
8
26289.5. (a) In the case of any drug or device for which
9 withdrawing approval of an application concerning any drug
9
an approval of an application filed pursuant to this chapter is
10 or device if, after due notice to the applicant and opportunity
10 in effect, the applicant shall establish and maintain such
11 for a hearing, the board department finds any of the following
11 records, and make such reports to the board department, of
12
(1) That clinical or other experience, tests, or other scien-
12 data relating to clinical experience and other data or informa-
13 tific data show that such drug or device is unsafe for use
13 tion, received or otherwise obtained by such applicant with
14 under the conditions of use upon the basis of which the appli-
14 respect to such drug or device, as the board department may
15 cation was approved;
15 prescribe on the basis of a finding that such records and re-
16
(2) That new evidence of clinical experience, not contained
16 ports are necessary in order to enable the board department
17 in such application or not available to the board department
17
to determine, or facilitate a determination, whether there is or
18 until after such application was approved, or tests by new
18
may be ground for suspension of the application.
19 methods, or tests by methods not deemed reasonably applicable
19
(b) Every person required under this section to maintain
20 when such application was approved, evaluated together with
20
records, and every person in charge of custody thereof shall,
21 the evidence available to the board department when the appli-
21 upon request of an agent of the board department, permit
22 cation was approved, shows that such drug or device is not
22 such agent at all reasonable times to have access to and copy
23 shown to be safe for use under conditions of use upon the
23 and verify such records.
24 basis of which the application was approved; or
24
SEC. 230. Section 26290 of the Health and Safety Code is
25
(3) On the basis of new information with respect to such
25
amended to read:
26 drug or device, evaluated together with the evidence available
26
26290. The board department shall issue an order refusing
27 to the board department when the application was approved,
27 to permit the application to become effective, if, after due
28 that there is a lack of substantial evidence that the drug or
28 notice to the applicant and opportunity for a hearing, the
29 device will have the effect it purports or is represented to
29 board department finds any of the following:
30 have under the conditions of use prescribed, recommended, or
30
(a) The investigations, reports of which are required to be
31 suggested in the labeling or advertising thereof; or
31 submitted to the board department pursuant to subdivision
32
(4) That the application contains any untrue statement of
32 (2) of Section 26288, do not include adequate tests by all
33 a material fact.
33 methods reasonably applicable to show whether or not a drug
34
(b) If the board department finds that there is an immi-
34 or device is safe for use under the conditions prescribed, rec-
35 nent hazard to the public health, it may suspend the approval
35 ommended, or suggested in the proposed labeling thereof.
36 of such application immediately.
36
(b) The results of tests specified in subdivision (a) show
37
(c) The board department may also, after due notice and
37
that a drug or device is unsafe for use under the conditions
38 opportunity for hearing, withdraw the approval of an appli-
38 specified in subdivision (a) or do not show that the drug or
39 cation with respect to any drug or device under this section
39 device is safe for use under such conditions.
40 if the board department finds any of the following:
40
(c) The methods used in, and the facilities and controls
41
(1) That the applicant has failed to establish a system for
41 used for, the manufacture, processing, and packing of a drug
42 maintaining required records, or has repeatedly or deliber-
42 or device are inadequate to preserve its identity, strength,
43 ately failed to maintain such records or to make required re-
43 quality, and purity.
44 ports, or the applicant has refused to permit access to, or
44
(d) Upon the basis of the information submitted to it as
45 copying or vertification of, such records; or
45 part of the application, or upon the basis of any other infor-
46
(2) That on the basis of new information before the board
46 mation before it with respect to a drug or device, it has in-
47 department, evaluated together with the evidence before it
47 sufficient evidence to determine whether the drug or device is
48 when the application was approved, the methods used in, or
48 safe for use under the conditions specified in subdivision (a).
49 the facilities and controls used for, the manufacture, process-
49
(e) Evaluated on the basis of the information submitted
50 ing, and packing of such drug are inadequate to assure and
50 to it as part of the application and any other information be-
51 preserve its identity, strength, quality, and purity and were
51 fore it with respect to such drug or device there is a lack of
52 not made adequate within a reasonable time after receipt of
52 substantial evidence that the drug or device will have the ef-
- 78 -
- 79
1 written notice from the board department specifying the mat-
1
26322. Hearings authorized or required by this chapter
2 ter complained of; or
2 shall be conducted by the board department or such officer,
3
(3) That on the basis of new information before it, evalu-
3 agent, or employee as the board department may designate for
4 ated together with the evidence before it when the applica-
4 the purpose.
5 tion was approved, the labeling of such drug or device, based
5
SEC. 238. Section 26323 of the Health and Safety Code is
6 on a fair evaluation of all material facts, is false or misleading
6 amended to read:
7 in any particular and was not corrected within a reasonable
7
26323. Before promulgating any regulation, the board de-
8 time after receipt of written notice from the board department
8 partment shall give appropriate notice of the proposal and of
9 specifying the matter complained of.
9 the time and place for a hearing. The regulation SO promul-
10
(d) Any order under this section shall state the findings
10 gated shall become effective on a date fixed by the board de-
11 upon which it is based.
11 partment. The effective date shall not be prior to 90 days after
12
SEC. 232. Section 26291 of the Health and Safety Code is
12 the promulgation of the regulation. Such regulation may be
13 amended to read
13 amended or repealed in the same manner as is provided for
14
26291. An order refusing to permit an application, con-
14 its adoption.
15 cerning any drug or device, to become effective shall be re-
15
In the case of a regulation amending or repealing any regu-
16 voked whenever the board department finds that the facts
16 lation the board department, to such an extent as it deems
17 justify such action.
17 necessary in order to prevent undue hardship, may disregard
18
SEC. 233. Section 26294 of the Health and Safety Code is
18 the foregoing provisions regarding notice, hearing, or effective
19 amended to read:
19 date.
20
26294. It shall be unlawful to refuse to permit, to attempt
20
SEC. 239. Section 26324 of the Health and Safety Code is
21 to prevent, or to prevent the free access of any agent of the
21 amended to read:
22 board department to any factory, warehouse, or establishment
22
26324. The board department shall require examinations to
23 in which a drug or device is, or is suspected of being manu-
23 be made of samples secured under the provisions of this chap-
24 factured, processed, packed or held for introduction into com-
24 ter to determine whether or not any provision of this chapter
25 merce, or to any vehicle being used or suspected of being used
25 is being violated.
26 to transport or hold such drug or device.
26
SEC. 240. Section 26325 of the Health and Safety Code is
27
SEC. 234. Section 26310 of the Health and Safety Code is
27 amended to read:
28 amended to read:
28
26325. The board department may appoint such agents as
29
26310. Every person who manufactures in this state a drug
29 it may deem necessary.
30 or device as defined in this chapter shall first obtain a license
30
SEC. 241. Section 26330 of the Health and Safety Code is
31 from the State Department of Public Health. Such license is
31 amended to read:
32 good for one calendar year from the date of issue and is not
32
26330. The board department or its duly authorized agent
33
transferable.
33 shall have free access at all reasonable hours to any factory,
34
SEC. 235. Section 26311 of the Health and Safety Code is
34 warehouse, or establishment in which drugs or devices are
35 amended to read:
35 manufactured, processed, packed, or held for introduction into
36
26311. A separate license shall be required for each place
36 commerce, or to enter any vehicle being used to transport or
37 of business. Every person licensed pursuant to Section 26310
37 hold such drugs and devices, in commerce, for the purpose:
38 shall immediately notify the State Department of Public
38
(1) Of inspecting such factory, warehouse, establishment, or
39 Health of any change of ownership, name or address, or of any
39 vehicle to determine if any of the provisions of this chapter are
40 additional establishment he intends to operate.
40 being violated; and in the case of any factory, warehouse,
41
SEC. 236. Section 26321 of the Health and Safety Code is
41 establishment, or consulting laboratory in which prescription
42 amended to read:
42 drugs are manufactured, processed, packed, or held, the in-
43
26321. The authority to promulgate regulations for the
43 spection shall extend to all things therein (including records,
44 efficient enforcement of this chapter is vested in the board
44 files, papers, processes, controls, and facilities) bearing on
45 department. The board department is authorized to make the
45 whether prescription drugs which are adulterated or mis-
46 regulations promulgated under this chapter conform, insofar
46 branded within the meaning of this chapter, or which may not
47 as practicable, to those promulgated under the federal act.
47 be manufactured, introduced into commerce, or sold, or offered
48 The violation of a regulation promulgated under this chapter
48 for sale by reason of any provision of this chapter, have been
49 shall be deemed to be a violation of this chapter.
49 or are being manufactured, processed, packed, transported, or
50
SEC. 237. Section 26322 of the Health and Safety Code is
50 held in any such place, or otherwise bearing on violation of this
51
amended to read:
51 chapter. No inspection authorized for prescription drugs by
52 the preceding sentence shall extend to (a) financial data,
- 80 -
- 81
1 (b) sales data other than shipment data, (c) pricing data,
2 (d) personnel data (other than data as to qualifications of
1
26313. On or before August 1st of each year, the Chief of
3 technical and professional personnel performing functions
2 the Division of Laboratories of the State department shall
4 subject to this chapter), and (e) research data (other than
3 make an annual report to the board upon adulterated or mis-
5 data, relating to new drugs subject to reporting under this
4 branded drugs and devices. The report shall include the list
6 chapter).
5 of eases examined by him in which adulterants were found, the
7
(2) To secure samples or specimens of any drugs and de-
6 list of articles found to be misbranded, and the names of the
8 vices after paying or offering to pay for such sample.
7 manufacturers, producers, jobbers and sellers. The Chief of
9
SEC. 242. Section 26332 of the Health and Safety Code is
8 the Bureau of Food and Drug Inspections shall report at the
10 amended to read:
9 same time on all activities of that bureau.
11
26332. Nothing in this chapter shall be construed as re-
10
SEC. 248. Section 26344 of the Health and Safety Code is
12 quiring the board department to report for the institution of
11
repealed.
13 proceedings under this chapter, minor violations of this chap-
12
26341. The board may include the reports, or any parts
14 ter, whenever the board department believes that the public
13 thereof, in the report which the board makes to the Governor.
15 interest will be adequately served in the circumstances by a
14
SEC. 249. Section 26360 of the Health and Safety Code is
16 suitable written notice or warning.
15 amended to read:
17
SEC. 243. Section 26333 of the Health and Safety Code is.
16
26360. Whenever a duly authorized agent of the board
18 amended to read:
17 department finds, or has probable cause to believe, that any
19
26333. The board department may cause to be published
18 drug or device is adulterated, misbranded, or falsely adver-
20 from time to time reports summarizing all judgments, decrees,
19 tised, he shall affix to such articles a tag or other appropriate
21 and court orders which have been rendered under this chapter,
20 marking giving notice that such article is, or is suspected of
22 including the nature of the charge and the disposition thereof.
21 being, adulterated, misbranded, or falsely advertised and has
23
SEC. 244. Section 26334 of the Health and Safety Code is
22 been detained or quarantined, and warning all persons not to
24 amended to read:
23 remove or dispose of such article by sale or otherwise until
25
26334. The board department may cause to be disseminated
24 permission for removal or disposal is given by the Chief of the
26 such information regarding drugs and devices as the board
25 Bureau of Food and Drug Inspection department or the court.
27 department deems necessary in the interest of public health
26
SEC. 250. Section 26366 of the Health and Safety Code is
28 and the protection of the consumer against fraud. Nothing in
27
amended to read:
29 this section shall be construed to prohibit the board depart-
28
26366. When an article is found to be adulterated or mis-
30 ment from collecting, reporting, and illustrating the results of
29 branded, and is detained or quarantined under this article, the
31 the investigations of the board department.
30 board department shall commence proceedings in the name of
32
SEC. 245. Section 26335 of the Health and Safety Code is
31 the people of the State of California against such article in the
33
amended to read:
32 superior court of the county or city and county in which the
34
26335. Any person who refuses to sell to any agent of the
33
article is detained or quarantined by petitioning said court for
35 board department any sample of drug or device upon tender
34
a judgment to forfeit, condemn and destroy such article. Upon
36 of the market price therefor, or who conceals any such drug
35 the filing of such petition, the clerk of said court shall fix a
37 or device from such officer, or who withholds from the officer
36 time and place for the hearing thereof, and cause notices
38 information respecting the place where such drug or device
37
thereof to be prepared notifying all persons who may claim
39 is kept or stored is guilty of a misdemeanor punishable as pro-
38
an interest in said article of the time and place of said hearing.
40 vided in Section 26295.
39
A copy of the petition and notice shall be posted for 14 days in
41
SEC. 246. Section 26341 of the Health and Safety Code is
40
at least three public places in the town, city or city and county
42 amended to read:
41 where the court is held, and in a conspicuous place where such
43
26341. The hearings shall be held at such place as the
42
article is detained or quarantined. A copy of the petition and
44 board department or the person conducting the hearing may
43
notice shall also be served upon each person in possession of
45 designate. The hearings shall be private and confined to the
44
said article and on each owner or claimant whose name and
46 consideration of fact. Parties interested may appear in person
45
address is known. Said service may be made by personal service
47 or by attorney and may propound interrogatories and submit
46
or by registered mail to the last known address of such person.
48 oral or written evidence to show any fault or error in the
47
At any time prior to the date of the hearing any person in pos-
49 findings made by the state laboratory department.
48
session of said article, or owner thereof or claimant thereto,
50
SEC. 247. Section 26343 of the Health and Safety Code is
49
may file an answer which may include a prayer for a judgment
51 repealed.
50
of release of such article or relief in accordance with Sections
51
26368 and 26369. At the time set for the hearing the court shall
- 82
- 83
1 commence to hear and determine said proceeding, but may,
1 vision of an agent of the board department. The expense of
2 for good cause shown, continue the hearing to a day certain;
2 such supervision shall be paid by the claimant.
3 provided, the court shall finally determine all the issues pre-
3
SEC. 254. Section 26369 of the Health and Safety Code is
4 sented by the petition and answer within 60 days after the
4 amended to read:
5 date when the matter was first set for hearing.
5
26369. The bond shall be returned to the claimant of the
6
SEC. 251. Section 26366.5 of the Health and Safety Code
6 article on representation to the court by the board department
7 is amended to read:
7 that the article is no longer in violation of this chapter and
8
26366.5. If, within 30 days after detention or quarantine
8 that the expenses of such supervision have been paid.
9 of any article under this article, the board department has not
9
SEC. 255. Section 26369.5 of the Health and Safety Code
10 commenced a proceeding under Section 26366, then the person
10 is amended to read:
11 in possession of such article, or the owner thereof or any
11
26369.5. If at any time after detention or quarantine, a
12 claimant thereto, may commence a proceeding in the superior
12 duly authorized agent of the board department finds that an
13 court of the county or city and county in which the article is
13 article detained or quarantined is not adulterated or mis-
14 detained or quarantined, by petitioning said court for a judg-
14 branded, such agent shall remove the tag or other marking.
15 ment to release said article or for relief under Sections 26368
15
SEC. 256. Section 26381 of the Health and Safety Code
16 and 26369. Upon the filing of such petition, the clerk of the
16 is amended to read:
17 court shall fix a time and place for the hearing thereof, and
17
26381. One sample shall be delivered to the party from
18 cause notices thereof to be prepared notifying all persons who
18 whom procured or to the party guaranteeing such merchan-
19 may claim an interest in the article of the time and place of
19 dise - one sample shall be sent to the director of the State
20 the hearing. A copy of the petition and notice shall be posted
20 laboratory, and the third sample shall be sent to, and held
21 for 14 days in at least three public places in the town, city or
21 under seal by, the board and two samples shall be sent to the
22 city and county where the court is held, and in a conspicuous
22 department, one of which shall be held under seal.
23 place where such article is detained or quarantined. A copy
23
SEC. 257. Section 26387 of the Health and Safety Code is
24 of the petition and notice shall also be served upon the board
24 amended to read:
25 department by serving it upon the executive officer director of
25
26387. There is under the jurisdiction of the State Depart-
26 said the board department Service may be made by personal
26 ment of Public Health an advisory committee on drug manu-
27 service or by registered mail addressed to the board at the
27 facturing. The committee shall consist of five members ap-
28 office of the executive officer department, Berkeley, California.
28 pointed for four-year terms. Three members shall be appointed
29
At the time set for the hearing the court shall commence
29 by the Governor, one member shall be appointed by the
30 to hear the proceeding but may, for good cause shown, con-
30 Speaker of the Assembly, and one member shall be appointed
31 tinue the hearing to a day certain; provided, the court shall
31 by the Senate Committee on Rules. Each member shall be a
32 finally determine all the issues presented in the proceeding
32 representative from the drug manufacturing industry.
33 within 60 days after the date when the matter was first set
33
The committee shall advise the department on all matters
34
for hearing.
34 concerning the drug manufacturing industry for the purpose
35
SEC. 252. Section 26367 of the Health and Safety Code is
35 of promoting the purity, safety, and efficacy of drugs.
36 amended to read:
36
Not less than 30 days after the commencement of the 1970
37
26367. If the court finds that a detained or quarantined
37 Regular Session of the Legislature the department shall report
38 article is adulterated or misbranded, after entry of the decree
38 to the Legislature on the activities of the committee and shall
39 such article shall be destroyed at the expense of the claimant
39 recommend whether the committee shall be continued in exist-
40 thereof, under the supervision of an agent of the board de-
40 ence.
41 partment. All court costs and fees, and storage and other
41
SEC. 258. Section 26467 of the Health and Safety Code is
42 proper expenses, shall be taxed against the claimant of such
42 amended to read:
43 article or his agent.
44
SEC. 253. Section 26368 of the Health and Safety Code is
44 43 sealed and labeled as "emergency food pack," 'disaster
26467. It is unlawful to sell packaged dehydrated food
45 amended to read:
45 pack," or "civil defense pack," or with language of similar
46
26368. If the adulteration or misbranding can be corrected
46 import, unless the label states the contents of the package;
47 by proper labeling or processing of the article, after entry of
47 the number of items of food contained therein, stated by quan-
48 the decree and after costs, fees and expenses have been paid
48 tity of each product, by weight of each, and the number of
49 and a good and sufficient bond, conditioned that such article
49 servings of each; and the nutritional value of each.
50 shall be SO labeled or processed, has been executed, the court
50 51 lish the manner of stating the nutritional values upon the
The Department of Public Health shall by regulations estab-
51 may by order direct that such article be delivered to the claim-
52 ant thereof for such labeling or processing under the super-
52 labels of such packages.
- 84 -
85
1
SEC. 259. Section 26472 of the Health and Safety Code is
1 substances shall increase the green or original weight by more
2 amended to read
2 than 10 percent of products which are not smoked or cooked,
3
26472. A food shall be deemed to be adulterated:
3 with the exception of fresh uncured beef brisket in which case
4
(a) (1) If any valuable constituent has been in whole or
4 the finished cured product may exceed the weight of the fresh
5
in part omitted or abstracted therefrom or
5 uncured brisket by 20 percent, nor shall any such substance
6
(2) If any substance has been substituted wholly or in part
6 increase the green or original weight by more than 1 percent
7 therefor; or
7 of the green or original weight of products which are cooked
8
(3) If damage or inferiority has been concealed in any
8 or smoked. In the case of meat food products such as sausage,
9 manner; or
9 10 percent added water shall be permitted and allowed in
10
(4) If any substance has been added thereto or mixed or
10 smoked or cooked products of such nature and 3 percent in
11 packed therewith SO as to increase its bulk or weight or reduce
11 said products which are not cooked or smoked.
12 its quality or strength or make it appear better or of greater
12
(h) If it be alimentary paste and contains any artificial
13 value than it is.
13 color derived from coal tar or vegetable substances.
14
(b) If it is confectionery and it bears or contains any alco-
14
(i) If it contains any saccharine or other nonnutritive
15 hol or nonnutritive article or substance except harmless color-
15 sweetening agent contrary to the provisions of this chapter.
16 ing, harmless flavoring, harmless resinous glaze not in excess of
16
(j) If it be pork sausage or breakfast sausage and the total
17 four-tenths of 1 per centum, harmless natural gum and pectin.
17 fat content (determined by the ether extract method of anal-
18 This subsection shall not apply to any confectionery by reason
18 ysis) is in excess of 50 percent.
19 of its containing less than one-half of 1 per centum by volume
19
SEC. 260. Section 26473 of the Health and Safety Code is
20 of alcohol derived solely from the use of flavoring extracts, or
20 amended to read
21 to any chewing gum by reason of its containing harmless non-
21
26473. Whenever the board department finds after investi-
22 nutritive masticatory substances.
22 gation that the distribution in the State of California of any
23
(c) If it bears or contains a color additive other than one
23 class of food may, by reason of contamination with micro-
24 listed or certified by the United States Department of Health,
24 organisms during manufacture, processing or packing thereof
25 Education, and Welfare, Food and Drug Administration.
25 in any locality, be injurious to health, and that such injurious
26
(d) If any mineral oil has been added thereto or mixed or
26 nature can not be adequately determined after such articles
27 packed therewith contrary to the provisions of this chapter.
27 have entered commerce, the board department then, and in
28
(e) If it be fresh meat and it contains any chemical sub-
28 such case only, shall promulgate regulations providing for the
29
stance containing sulphites, sulphur dioxide, benzoic acid,
29. issuance, to manufacturers, processors or packers of such class
30
salts of benzoic acid or any other chemical preservative, or
30 of food in such locality, of permits to which shall be attached
31
any substance which is not approved for use in fresh meat by
31 such conditions governing the manufacture, processing or pack-
32 the United States Department of Agriculture, Agricultural Re-
32 ing of such class of food, for such temporary period of time,
33 search Service, or the Division of Animal Industry of the
33 as may be necessary to protect the public health.
34 California State Department of Agriculture, or the California
34
Sec. 261. Section 26475 of the Health and Safety Code is
35 State Board of Public Department of Health.
35 amended to read:
36
(f) If it be chopped or ground beef, or hamburger con-
36
26475. The board department is authorized to suspend im-
37
taining any substance other than the voluntary striated muscle
37 mediately upon notice any permit issued under authority of
38 of fresh beef, except those substances approved by the State
38 section 26473 if it is found that any of the conditions of the
39 Department of Public Health, or if the total fat content (de-
39 permit have been violated. The holder of a permit SO suspended
40 termined by either extract method of analysis) of chopped or
40 shall be privileged at any time to apply for the reinstatement
41 ground beef, or hamburger is in excess of 30 percent.
41 of such permit, and the board department shall, immediately
42
Nothing in this subdivision shall be deemed to prohibit the
42 after prompt hearing and an inspection of the establishment,
43 use of monosodium glutamate in such chopped or ground beef
43 reinstate such permit if it is found that adequate measures have
44 and hamburger.
44 been taken to comply with and maintain the conditions of the
45
(g) Notwithstanding the provisions of Section 26461,
45 permit, as originally issued, or as amended.
46 nothing in this article shall be deemed to prohibit the use of
46
SEC. 262. Section 26476 of the Health and Safety Code is
47 common salt, sugar (cane or beet), maple sugar, dextrose,
47 amended to read:
48 invert sugar, honey, corn syrup solids, corn syrup and glu-
48
26476. Any officer or employee duly designated by the
49 cose syrup, wood smoke, a vinegar, pure spices, spice oils,
49 board department shall have access to any factory or establish-
50 flavorings, saltpeter, nitrate of soda, nitrite of soda and po-
50 ment, the operator of which holds a permit from the board
51 tassium nitrite in meat food products such as sausage, corned,
51 department for the purpose of ascertaining whether or not the
52 brined or pickled meats, hams, bacon and the like. No such
52 conditions of the permit are being complied with, and denial
- 87
- 86 -
1 packing and protective material. In the prescribing of any
1 of access for such inspection shall be ground for suspension
2 standard of quality for any canned fruit or canned vegetable,
2 of the permit.
3 consideration shall be given and due allowance made for the
3
SEC. 263. Section 26495 of the Health and Safety Code is
4 differing characteristics of the several varieties of such fruit
4 amended to read
5 or vegetable. Any definition and standard of identity pre-
5
26495. A food shall be deemed to be misbranded if it is not
6 scribed by the board for avocados, cantaloupes, citrus fruits,
6 subject to the provisions of Section 26493, unless its label
7 or melons shall relate only to maturity and to the effects of
7 bears (1) the common or usual name of the food, if any there
8 freezing.
8 be, and (2) in case it is fabricated from two or more in-
9
SEC. 265, Section 26540.1 of the Health and Safety Code
9 gredients, the common or usual name of each such ingredient.
10 is amended to read:
10 Spices, flavorings, and colorings, other than those sold as such,
11
26540.1. The board department shall not prescribe require-
11 may be designated as spices, flavorings, and colorings, without
12 ments respecting the size or type of containers for beer as
12 naming each.
13 defined in the Alcoholic Beverage Control Act.
13 The requirements of clause (2) of this section shall not
14
SEC. 266. Section 26540.2 of the Health and Safety Code
14 apply to any carbonated beverage identified by registered
15 is amended to read:
15 trademark or trade name in which the ingredients have been
16
The State Board of Public Department of Health is hereby
16 fully and correctly disclosed to the board department in the
17 empowered under this section to promulgate regulations estab-
17 manner described by clause (2) above in a sworn affidavit;
18 lishing standards of purity for wine; provided, that the board
18 provided, however, that the filing of such affidavit shall not ex-
19 department shall not prescribe requirements respecting the
19 empt carbonated beverages identified by registered trademark
20 size or type of containers for wine.
20 or trade name from any other requirement of this chapter;
21 SEC. 267. Séction 26542 of the Health and Safety Code is
21 and particularly the requirements of stating in the label
22 amended to read:
22 thereon any imitation or artificial flavor or color, or chemical
23 26542. The authority to promulgate regulations for the
23 preservative. If no affidavit covering a carbonated beverage
24 efficient enforcement of this chapter is vested in the board
24 identified by trade mark or trade name has been filed with the
25 department. The board department shall promulgate regula-
25 board department all the requirements of clause (2) of this
26 tions exempting from any labeling requirement of this chap-
26 section shall apply to such product, except the following in-
27 ter food which is in accordance with the normal practice of
27 gredients are exempt from declaration on the label: water,
28 the trade introduced or offered for introduction into trade
28 carbon dioxide, caramel, sugar, and citric acid. Beer and wine,
29 and which is being delivered to an establishment where it is
29 as defined in the Alcoholic Beverage Control Act, are exempt
30 to be processed, labeled or packed on condition that such food
30 from the requirements of clause (2) of this section.
31 shall conform with the provisions of this act upon its removal
31
To the extent that compliance with the requirements of
32 from such processing, labeling or packing establishment. The
32 clause (2) of this section is impractical or results in deception
33 regulations promulgated and the definitions and standards pre-
33 or unfair competition, exemption shall be established by regu-
34 scribed pursuant to this chapter shall not require higher
34 lations promulgated by the board department.
35 standards and shall not be more restrictive than the definitions,
35
SEC. 264. Section 26540 of the Health and Safety Code
36 standards and regulations which are in force, or promulgated
36 is amended to read:
37 by the United States Department of Health, Education, and
37
26540. Whenever in the judgment of the board department
38 Welfare, Food and Drug Administration, under the provisions
38 such action will promote honesty and fair dealing in the inter-
39 of the federal act or by the United States Department of Agri-
39 est of consumers, the board department may promulgate regu-
40 culture, Agricultural Research Service, in the event that any
40 lations establishing for any food or class of food a reasonable
41 such definitions, standards, or regulations are in force there-
41 definition and standard of identity, or reasonable standard of
42 under. The violation of a regulation promulgated under this
42 quality or fill of container.
43 chapter shall be deemed to be a violation of this chapter.
No standard of identity or fill of container shall be estab-
43 44 lished for beer as defined in the Alcoholic Beverage Control
44
SEC. 268. Section 26542.1 of the Health and Safety Code
45 is amended to read:
45 Act. No definition and standard of identity, and no stand-
46
26542.1. The board department may promulgate rules and
46 ard of quality shall be established for fresh or dried fruits,
47 regulations prescribing the conditions under which food addi-
47 fresh or dried vegetables, or butter, except that definitions
48 tives may be safely used. All rules and regulations promulgated
48 and standards of identity may be established for avocados,
49 pursuant to this chapter shall not in any instance require a
49 cantaloupes, citrus fruits, and melons. In prescribing any
50 higher standard than the standards required by the Federal
50 standard of fill of container, the board department shall give
51 Food, Drug and Cosmetic Act (52 Stat. 1040) and the rules
51 due consideration to the natural shrinkage in storage and in
52 and regulations currently promulgated by the United States
52 transit of fresh natural food and to need for the necessary
- 88
- 89
1 Department of Health, Education and Welfare, Food and
1
(2) To secure samples or specimens of any food after pay-
2 Drug Administration, and subtitle E, Chapter 51, United
2
ing or offering to pay for such sample.
3 States Internal Revenue Code of 1954 and the United States
3
SEC. 274. Section 26554 of the Health and Safety Code is
4 Internal Revenue Service, Alcohol and Tobacco Tax Division,
4
amended to read:
5 as amended.
5
26554. Whenever it has satisfactory evidence of the viola-
6
When a food additive is permitted and its intended use is
6 tion of any of the provisions of this chapter respecting the
7 in conformity with regulations established by the board de-
7 adulteration or misbranding of foods and after the hearing
8 partment, it shall not be considered adulterated within the
8 provided in Section 26564, the board department shall report
9 meaning of subdivisions (1), (2), or (8) of Section 26470.
9 such facts to the district attorney of the county, or the prose-
10
SEC. 269. Section 26543 of the Health and Safety Code is
10 cuting officer of the city, where the law is violated.
11
amended to read
11
SEC. 275. Section 26555 of the Health and Safey Code is
12
26543. Hearings authorized or required by this chapter
12 amended to read:
13 shall be conducted by the board department or such officer,
13
26555. Nothing in this chapter shall be construed as re-
14 agent, or employee as the board department may designate for
14 quiring the board department to report for the institution of
15
the purpose.
15 proceedings under this chapter, minor violations of this chap-
16
SEC. 270. Section 26544 of the Health and Safety Code is
16 ter, whenever the board department believes that the public
17
amended to read
17 interest will be adequately served in the circumstances by a
18
26544. Before promulgating any regulation, the board de-
18 suitable written notice of warning.
19 partment shall give appropriate notice of the proposal and of
19
SEC. 276. Section 26556 of the Health and Safety Code is
20 the time and place for a hearing. The regulation SO promul-
20
amended to read
21 gated shall become effective on a date fixed by the board de-
21
26556. The board department may cause to be published
22 partment. The effective date shall not be prior to 90 days
22 from time to time reports summarizing all judgments, decrees
23
after the promulgation of the regulation. Such regulation may
23 and court orders which have been rendered under this chapter,
24 be amended or repealed in the same manner as is provided for
24 including the nature of the charge and the disposition thereof.
25 its adoption.
25
SEC. 277. Section 26557 of the Health and Safety Code is
26
In the case of a regulation amending or repealing any regu-
26
amended to read
27 lation the board department, to such an extent as it deems
27
26557. The board department may cause to be disseminated
28
necessary in order to prevent undue hardship, may disregard
28 such information regarding food as the board department
29 the foregoing provisions regarding notice, hearing, or effective
29 deems necessary in the interest of public health and the pro-
30
date.
30 tection of the consumer against fraud. Nothing in this section
31
SEC. 271. Section 26545 of the Health and Safety Code is
31 shall be construed to prohibit the board department from col-
32
amended to read:
32 lecting, reporting and illustrating the results of the investiga-
33
26545. The board department shall require examinations to
33 tions of the board department
34 be made of samples secured under the provisions of this chapter
34
SEC. 278. Section 26558 of the Health and Safety Code is
35 to determine whether or not any provision of this chapter is
35 amended to read:
36
being violated.
36
26558. There is a state laboratory for the analysis and
37
SEC. 272. Section 26546 of the Health and Safety Code is
37 examination of foods, drugs, devices and cosmetics. The
38
amended to read:
38 laboratory shall be under the supervision of the board depart-
39
26546. The board department may appoint such agents as
39 ment and shall be located at such place as the board depart-
40 it may deem necessary.
40 ment may select.
41
SEC. 273. Section 26553 of the Health and Safety Code is
41
SEC. 279. Section 26559 of the Health and Safety Code
42
amended to read
42
is repealed:
43
26553. The board department or its duly authorized agent
43
26559. The board shall appoint a Chief of the Bureau of
44 shall have free access at all reasonable hours to any factory,
44 Food and Drug Inspections who shall have such qualifications
45 warehouse or establishment in which foods are manufactured,
45 and perform such duties as may be required by the board.
46 processed, packed or held for introduction into commerce, or
46
The board may employ and fix the compensation of other
47 to enter any vehicle being used to transport or hold such foods,
47 elerical and professional assistants.
48 in commerce, for the purpose:
48
SEC. 280. Section 26568 of the Health and Safety Code is
49
(1) Of inspecting such factory, warehouse, establishment
49
amended to read:
50
or vehicle to determine if any of the provisions of this chap-
50
26568. The board department may include the reports, or
51 ter are being violated and
51
any parts thereof, in the report which the board department
52
makes to the Governor.
- 90
91
1
SEC. 281. Section 26582 of the Health and Safety Code is
1
26586.5. If, within 30 days after detention or quarantine
2 amended to read:
2 of any article under this article, the board department has not
3
26582. The food shall not thereafter be sold, offered for
3 commenced a proceeding under Section 26586, then the person
4 sale, removed or otherwise disposed of until further notice in
4 in possession of such article, or the owner thereof or any claim-
5 writing from the department board, the director, or the Chief
5 ant thereto, may commence a proceeding in the superior court
6 of the Bureau of Food and Drug Inspections
6 of the county or city and county in which the article is de-
7
SEC. 282. Section 26586 of the Health and Safety Code is
7 tained or quarantined, by petitioning said court for a judg-
8 amended to read:
8 ment to release said article or for relief under Sections 26588
9
26586. When an article is found to be adulterated or mis-
9 and 26589. Upon the filing of such petition, the clerk of the
10 branded, and is detained or quarantined under this article, the
10 court shall fix a time and place for the hearing thereof, and
11 beard department shall commence proceedings in the name of
11 cause notices thereof to be prepared notifying all persons who
12 the people of the State of California against such article
12 may claim an interest in the article of the time and place of
13 within 90 days after the article is detained or quarantined,
13 the hearing. A copy of the petition and notice shall be posted
14 in the superior court of the county or city and county in which
14 for 14 days in at least three public places in the town, city or
15 the article is detained or quarantined by petitioning said
15 city and county where the court is held, and in a conspicuous
16 court for a judgment to forfeit, condemn and destroy such
16 place where such article is detained or quarantined. A copy of
17 article. Upon the filing of such petition, the clerk of said
17 the petition and notice shall also be served upon the board
18 court shall fix a time and place for the hearing thereof, and
18 by serving it upon the executive officer of said board director
19 cause notices thereof to be prepared notifying all persons who
19 of the department. Service may be made by personal service
20 may claim an interest in said article of the time and place of
20 or by registered mail addressed to the board at the office of
21 said hearing. A copy of the petition and notice shall be posted
21 the executive officer department, Berkeley, California.
22 for 14 days in at least three public places in the town, city or
22
At the time set for the hearing the court shall commence
23 city and county where the court is held, and in a conspicuous
23 to hear the proceeding but may, for good cause shown, con-
24 place where such article is detained or quarantined. A copy
24 tinue the hearing to a day certain; provided, the court shall
25 of the petition and notice shall also be served upon each per-
25 finally determine all the issues presented in the proceeding
26 son in possession of said article and on each owner or claim-
26 within 60 days after the date when the matter was first set
27 ant whose name and address is known. Said service may be
27 for hearing.
28 made by personal service or by registered mail by mailing a
28
SEC. 284. Section 26588 of the Health and Safety Code is
29 copy of such notice and petition by registered mail to the last
29 amended to read:
30 known address of such person. At any time prior to the date
30
26588. If the adulteration or misbranding can be corrected
31 of the hearing any person in possession of said article, or
31 by proper labeling or processing of the article, after entry of
32 owner thereof or claimant thereto, may file an answer which
32 the decree and after costs, fees, and expenses have been paid
33 may include a prayer for a judgment of release of such article
33 and a good and sufficient bond, conditioned that such article
34 or relief in accordance with Sections 26588 and 26589. At the
34 shall be SO labeled or processed, has been executed, the court
35 time set for the hearing the court shall commence to hear and
35 may by order direct that such article be delivered to the claim-
36 determine said proceeding, but may for good cause shown, con-
36 ant thereof for such labeling or processing under the super-
37 tinue the hearing to a day certain; provided, the court shall
37 vision of an agent of the board department. The expense of
38 finally determine all the issues presented by the petition and
38 such supervision shall be paid by the claimant.
39 answer within 60 days after the date when the matter was
39
Sec. 285. Section 26589 of the Health and Safety Code is
40 first set for hearing.
40 amended to read:
41
If the board department fails to commence proceedings
41
26589. The bond shall be returned to the claimant of the
42 against an article which is detained or quarantined within
42 article on representation to the court by the board department
43 90 days after said article is detained or quarantined, as
43 that the article is no longer in violation of this chapter, and
44 above provided, the board department shall immediately re-
44 that the expenses of such supervision have been paid.
45 lease said article from detention or quarantine and remove
45
SEC. 286. Section 26589.5 of the Health and Safety Code is
46 therefrom any warning tags affixed thereto by the board de-
46 amended to read:
47 partment or its agents. If the board department or its agent
47
26589.5. If at any time after detention or quarantine, a
48 has taken possession of or assumed control of said article, the
48 duly authorized agent of the board department finds that an
49 board department shall immediately return said article to the
49 article detained or quarantined is not adulterated or mis-
50 possession of the person from whom it was taken.
50 branded, such agent shall remove the tag or other marking.
51
SEC. 283. Section 26586.5 of the Health and Safety Code
51
SEC. 287. Section 26590 of the Health and Safety Code is
52
is amended to read:
52 amended to read:
- 92 -
- 93 -
1
26590. Whenever the board department or any of its au-
1 regulations adopted by the state board department pursuant to
2 thorized agents shall find in any room, building, vehicle of
2 this chapter.
3 transportation or other structure, any meat. seafood, poultry,
3
SEC. 293. Section 26630 of the Health and Safety Code is
4 vegetable, fruit or other perishable articles which are unsound,
4 amended to read
5 or contain any filthy, decomposed or putrid substance, or
5
26630. The state board department may prescribe such
6 which may be poisonous or deleterious to health or otherwise
6 rules and regulations relating to the operation of a local health
7 unsafe, the same being hereby declared to be a nuisance, the
7 department as it may deem necessary fully to effectuate the
8 board department or its authorized agent shall forthwith con-
8 provisions of this article, including, but not limited to, require-
9 demn or destroy the same or in any other manner render the
9 ments relating to the reporting of activities and the numbers
10 same unsalable as human food.
10 and qualification of personnel.
11
SEC. 288. Section 26601 of the Health and Safety Code is
11
SEC. 294. Section 27000 of the Health and Safety Code is
12 amended to read:
12 amended to read:
13
26601. One sample shall be delivered to the party from
13
27000. Processed pet food" means a food for pets which
14 whom procured or to the party guaranteeing such merchan-
14 has been prepared by heating, drying, semidrying, canning,
15 dise one sample shall be sent to the Chief of the Division of
15 or by a method of treatment prescribed by regulation of the
16 Laboratories, and the third sample shall be sent to, and held
16 State Department of Public Health. The term includes special
17 under seal by, the board and two samples shall be sent to
17 diet, health foods, supplements, treats and candy for pets, but
18 the department, one of which shall be held under seal
18 does not include fresh or frozen pet foods subject to the con-
19
SEC. 289. Section 26622 of the Health and Safety Code is
19 trol of the Department of Agriculture of this state.
20 amended to read:
20
SEC. 295. Section 27002 of the Health and Safety Code is
21
26622. The state board department, upon the request of a
21 amended to read:
22 health officer, may authorize the local health department of
22
27002. "Pet food ingredients" means each of the constitu-
23 such city, county, city and county, or local health district to
23 ent materials making up a processed pet food. Pet food in-
24 enforce this chapter, and the rules and regulations adopted
24 gredients of animal or poultry origin shall be only from ani-
25 pursuant to this chapter, as they pertain to retail food estab-
25 mals or poultry slaughtered or processed in an approved or
26 lishments, as defined by regulation, within the area under the
26 licensed establishment. Such animal or poultry ingredients
27 jurisdiction of such local health department, if the state board
27 condemned for human food but passed for animal food in an
28 department determines the local health department has suffi-
28 establishment inspected by the United States Department of
29 cient personnel with adequate training to do SO.
29 Agriculture or the Department of Agriculture of this state
30
SEC. 290. Section 26623 of the Health and Safety Code is
30 may be used for pet food, provided it is properly denatured
31 amended to read:
31 or handled in accordance with this chapter and regulations
32
26623. The state board department may revoke any au-
32 of the State Department of Public Health and the regulations
33 thorization made pursuant to this article, if it determines, after
33 of the Department of Agriculture of this state SO as to render
34 a hearing conducted pursuant to Chapter 5 (commencing with
34 the ingredients safe for pet food. Animals or poultry classified
35 Section 11500) of Part 1 of Division 3 of Title 2 of the Gov-
35
as 'deads'' are prohibited.
36 ernment Code, that the local health department authorized pur-
36
SEC. 296. Section 27010 of the Health and Safety Code is
37 suant to this article is not enforcing this chapter, or the rules
37 amended to read:
38 and regulations adopted thereunder, or no longer has an ade-
38
27010. Every person who manufactures a processed pet
39 quate staff qualified to do SO.
39 food in California shall first obtain a license from, and every
40
SEC. 291. Section 26624 of the Health and Safety Code is
40 person who manufactures a processed pet food for import into
41 amended to read:
41 California from another state shall first obtain a registration
42
26624. A local health department authorized by the state
42 certificate from, the State Department of Public Health. Each
43 board department to enforce this chapter shall have authority
43 license or registration certificate is good for one calendar year
44 to make inspections, take samples, make laboratory examina-
44 from the date of issue and is nontransferable.
45 tions, impose and remove quarantines, hold informal hearings,
45
An application for a license or registration certificate shall
46 certify facts to the district attorney, and institute proceedings
46 be made on an application form provided by the department.
47 for the forfeiture, condemnation, and destruction of articles
47
SEC. 297. Section 27041 of the Health and Safety Code is
48 found to be adulterated or misbranded. Such actions shall be
48 amended to read:
49 instituted in the name of the city, county, city and county, or
49
27041. The provisions of this chapter shall be administered
50 district of which such health department is a part, and shall
50 by the State Department of Public Health in accordance with
51 conform to the requirements of this chapter and the rules and
51 the provisions of Chapter 3 (commencing with Section 26450)
94
- 95
1 of this division, and the department shall have all the powers
1 handled, and prepared for storage in accordance with food laws
2 granted to the board department in that chapter.
2 pertaining thereto and such rules and regulations as may be
3
SEC. 298. Section 28122 of the Health and Safety Code is
3 prescribed by the board department for the sanitary prepara-
4 amended to read:
4 tion of food products for cold storage.
5 6 and otherwise properly equipped for the business of cold stor-
28122. If it finds the plant to be in a sanitary condition
5
SEC. 306. Section 28141 of the Health and Safety Code is
6 amended to read:
7 age, the board department, upon the payment of the license
7
28141. Any article of food intended for use other than
8 fee specified in this chapter, shall issue a license authorizing
8 human consumption shall, before being cold stored, be marked
9 the applicant to operate a cold storage or refrigerating ware-
9 by the owner in accordance with forms prescribed by the board
10 house for a period of not more than one year.
10 department in such a way as to indicate plainly that the article
SEC. 299. Section 28123 of the Health and Safety Code is
11 is not to be sold for human food.
11
12
SEC. 307. Section 28143 of the Health and Safety Code is
12 amended to read:
28123. No person, firm, or corporation shall engage in the
13 amended to read:
13 14 operation of a cold storage or refrigerating warehouse for
14
28143. The board department shall inspect and supervise
15 storing articles of food without having obtained from the
15 all cold storage or refrigerating warehouses, and make such
16 board department a license for each such place of business.
16 inspection of the entry of articles of food therein as it deems
17 This license is nontransferrable.
17 necessary to secure the proper enforcement of this chapter.
18
SEC. 300. Section 28127 of the Health "and Safety Code is
18
SEC. 308. Section 28144 of the Health and Safety Code is
19 amended to read:
19
amended to read:
28127. The secretary of the board Director of Health shall
20
28144. The members of the board department and its duly
20 21 keep a full and correct account of all fees received under this
21 authorized employees shall be permitted access to cold storage
22 chapter. At least once each month he shall deposit all such fees
22 or refrigerating warehouses at all reasonable times for pur-
23 with the State Treasurer for credit to the State General Fund.
23 poses of inspection and enforcing the provisions of this chapter.
24
SEC. 301. Section 28130 of the Health and Safety Code is
24
SEC. 309. Section 28145 of the Health and Safety Code is
25 amended to read:
25 amended to read:
26
28145. The board department may also appoint at such
26 27 be issued is deemed by the board department to be in an unsan-
28130. If any place or portion of aplace for which a license
27 salary as it may designate, any person it deems qualified to
28 itary condition, the board department shall give written notifi-
28 make any inspection required by this chapter.
29 cation to the licensee of the condition, stating in particular the
29
SEC. 310. Section 28147 of the Health and Safety Code is
30 amended to read:
30 matters found to be unsanitary.
31
SEC. 302. Section 28131 of the Health and Safety Code is
31
28147. The board department shall, upon application,
32 amended to read:
32 grant permission to extend the period of storage beyond 12
34 33 within a designated time the board department shall prohibit
28131. Upon failure of the licensee to correct the situation
33 months for a particular consignment of goods, if the goods in
34 question are found, upon examination, to be in proper con-
35 the licensee from using the place or specified portion until such
35 dition for further storage at the end of 12 months. The length
36 time as it is restored to a sanitary condition.
36 of time for which further storage is allowed shall be specified
SEC. 303. Section 28132 of the Health and Safety Code is
37 in the order granting the permission.
37
38
SEC. 311. Section 28149 of the Health and Safety Code
38 amended to read:
28132. Every licensee shall keep an accurate record of re-
39 is amended to read:
40 39 ceipts and withdrawals of articles of food and the board de-
40
28149. For the purpose of determining whether or not
41 partment shall have free access to these records at any time.
41 food locker plants come under the provision of this act, the op-
SEC. 304. Section 28133 of the Health and Safety Code is
42 erators or owners of all such frozen food locker plants shall
42
43 amended to read:
43 make available, upon request to any agent of the State Depart-
28133. When requested by the board department or an
44 ment of Public Health, the names and addresses of any and
44 45 agent thereof, any licensee shall within a reasonable time sub-
45 all persons, firms, or corporations renting, leasing or occupying
46 mit a report setting forth in itemized particulars the quantity
46 such lockers or compartments.
of food products held by him in cold storage.
47
SEC. 312 Section 28153 of the Health and Safety Code
47
48
SEC. 305. Section 28140 of the Health and Safety Code is
48 is amended to read
49
49 amended to read:
28153. The board department may make rules and regula-
28140. No storer shall place in cold storage any article of
50 tions to secure the proper enforcement of this chapter, in-
50 51 food whose keeping qualities have been impaired by disease,
51 cluding rules and regulations with respect to the sanitary
52 taint, or deterioration, or which has not been slaughtered,
- 96 -
- 97 -
1 preparation of articles of food for cold storage, the use of
1 board department from time to time, may publish such re-
2 marks, tags, or labels, and the display of signs.
2 ports in its monthly bulletin.
3
SEC. 313. Section 28180 of the Health and Safety Code
3
SEC. 318. Section 28298 of the Health and Safety Code is
4 is amended to read:
4 amended to read:
5
28180. The State Department of Public Health shall en-
5
28298. Every building, room, basement, cellar, or other
6 force this chapter.
6 place or thing kept, maintained, or operated in violation of
7
SEC. 313.5. Section 28182 of the Health and Safety Code
7 this article, and all food produced, prepared, manufactured,
8 is amended to read:
8 packed, stored, kept, sold, distributed, or transported in viola-
9
28182. The board department may make rules and regu-
9 tion of this article, is a public nuisance dangerous to health.
10 lations to secure the proper enforcement of this chapter, in-
10 Any such nuisance may be abated or enjoined in an action
11 cluding rules and regulations with respect to the sanitary
11 brought for that purpose by the local or state board depart-
12 preparation of articles of food for freezing, the use of con-
12 ment or may be summarily abated in the manner provided by
13 tainers, marks, tags, or labels, and the display of signs.
13 law for the summary abatement of public nuisances dangerous
14
SEC. 314. Section 28211 of the Health and Safety Code
14 to health.
15 is amended to read:
15
SEC. 319. Section 28313 of the Health and Safety Code is
16
28211. All bakery products produced, prepared, packed,
16
amended to read:
17 sold or offered for sale shall comply with the provisions of
17
28313. The board department shall issue a license to an
18 Chapter 3 (commencing with Section 26450), of this division,
18 applicant therefor upon the receipt of such evidence as the
19 except as exempted in Section 28210. The State Department
19 board department may require showing that the applicant is
20 of Public Health shall enforce the provisions of this section
20 properly equipped for the cleansing and sterilization of bot-
21 which pertain to the adulteration, standards of identity, and
21
tles as herein provided, or at its option upon the recommenda-
22 labeling of bakery products.
22 tion of a city, county or city and county health officer. This
23
SEC. 315. Section 28214 of the Health and Safety Code is
23 license is nontransferable.
24 amended to read:
24
The license provisions of this article shall not apply to food,
25
28214. The State Board of Public Department of Health
25
drug or liquor manufacturers or packers who buy bottles for
26 may adopt regulations for the administration of this chapter.
26
their own use and purposes, but do apply to any other per-
27 Any violation of such regulations is a violation of this chapter.
27
son, firm or corporation engaged in the business of cleaning,
28
SEC. 316. Section 28296 of the Health and Safety Code is
28
sterilizing and reselling bottles to such manufacturers or pack-
29 amended to read:
29
ers except as hereinabove provided.
30
28296. The board department, its inspectors and agents,
30
SEC. 320. Section 28317 of the Health and Safety Code is
31 and all local health officers and inspectors may at all times
31
amended to read:
32 enter any building, room, basement, cellar, or other place OC-
32
28317. If any licensee fails to maintain his equipment and
33 cupied or used, or suspected of being occupied or used, for
33
to cleanse or sterilize any bottle in the manner required by
34 the production, preparation, manufacture, storage, sale, or
34
this article, and issues a certificate knowing its contents to be
35 distribution of food, and inspect the premises and all utensils,
35
untrue the board department may revoke or suspend his li-
36 implements, receptacles, fixtures, furniture, and machinery
36
cense after a hearing. The proceedings for the revocation or
37 used.
37
suspension of a license shall be conducted in accordance with
38
SEC. 317. Section 28297 of the Health and Safety Code is
38
Chapter 5 of Part 1 of Division 3 of Title 2 of the Govern-
39 amended to read:
39
ment Code, and the board department shall have all the
40
28297. If upon inspection any such building, room, base-
40
powers granted therein.
41
ment, cellar, or other place, or any vehicle, employer, employee,
41
SEC. 321. Section 28322 of the Health and Safety Code is
42 or other person is found to be in violation of or violating any
42
amended to read:
43 of the provisions of this article, or if the production, prepara-
43
28322. A nonalcoholic soft drink, whether or not carbon-
44 tion, manufacture, packing, storing, sale, or distribution of
44 ated, shall be deemed to be misbranded if in a bottle or other
45 food is being conducted in a manner detrimental to the health
45 closed container unless the name and address of the bottler
46 of the employees or to the character or quality of the food
46
or distributor thereof appears on such container by being
47 being produced, prepared, manufactured, packed, stored, sold,
47
molded, printed, or otherwise labeled thereon, or said name
48 distributed, or conveyed, the person making the inspection
48
and address is shown on the crown or cap of such container
49 shall at once make a written report of the violation to the
49 if such container is a permanently and distinctively branded
50 district attorney of the county, who shall prosecute the viola-
50 bottle. Such a beverage shall not be deemed to be misbranded
51 tor. He shall make a like report to the board department The
51 under this section if in a bottle or other closed container on
7-80063-C
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- 99 -
1 which is molded, printed or otherwise labeled the product
2 name, trademark or brand of the distributor or bottler thereof
1 shall be conducted in accordance with Chapter 5 of Part 1 of
3 and if a sworn affidavit has been filed in the Bureau of Food
2 Division 3 of Title 2 of the Government Code, and the board
4 and Drug Inspections of with the Department of Public
3
department shall have all the powers granted therein.
5 Health stating the name, trademark, or brand of such bever-
4
SEC. 327. Section 28336 of the Health and Safety Code is
6 age, a full and complete description of each territory or area
5 amended to read:
7 of the state in which such beverage is to be distributed, and
6
28336. All licensees and others subject to Section 28337
8 the names and addresses of such persons as are responsible for
7 shall keep accurate and sufficient records showing their respec-
9 compliance with this division in the bottling and distribution
8 tive shelling, cleaning, grading, packing, preparing, purchas-
10 of such beverage in each territory or area of the state in
9 ing, and receiving operations in shelled walnuts, and the
11 which such beverage is distributed. Nothing in this section
10 names and addresses of their employees and agents. Such rec-
12 shall be deemed to exempt any bottler or distributor of a bev-
11
ords shall be kept in the form prescribed by the board depart-
13 erage or beverages from any provision of Chapter 3 of this
12 ment, and are subject to inspection at any time by the board
14 division.
13
department.
15
SEC. 322. Section of the Health and Safety Code is
14
Failure to keep any records required by this section is un-
16
amended to read:
15
lawful.
17
28325. Except when sold in bulk for manufacturing pur-
16
SEC. 328. Section 28339 of the Health and Safety Code is
18
poses, it is unlawful to sell or otherwise dispose of at retail
17
amended to read:
19
jams, jellies, preserves, marmalades, peanut butter, horse-
18
28339. The board department may issue and enforce all
20
radish, mayonnaise, or salad dressings other than in closed
19
rules and regulations necessary to carry out this article, and
21 containers approved by the board department, when the
20
may prescribe forms and accounting methods to be used by li-
22 board department determines that any other method of sale
21 censees with respect to operations subject to license under this
23 or disposition of any such food or food product is conducive to
22 article.
24 its contamination by flies, insects, dust, dirt, or foreign mate-
23
SEC. 329. Section 28360 of the Health and Safety Code is
25 rial of any kind whatsoever.
24
amended to read:
26
SEC. 323. Section 28332 of the Health and Safety Code
25
28360. State board,' or "State Board of Public Health,'
27
is amended to read:
26
as used in this chapter, means the State Board of Public De-
28
28332. No license shall be issued except upon application
27
partment of Health.
29
and after inspection by the board department of the premises
28
SEC. 330. Section 28364 of the Health and Safety Code is
30 for which the license is requested, and only if the board de-
29
amended to read:
31 partment finds that the premises comply with the standards
30
28364. In lieu of a license, a permit to operate such a can-
32 prescribed in Sections 28280 to 28287, both inclusive, and
31
ning center shall be issued without cost by the board depart-
33 28295 of this chapter.
32
ment upon the submission of such evidence as the board de-
34
SEC. 324. Section 28333 of the Health and Safety Code is
33
partment requires to show that the persons operating the cen-
35
amended to read:
34 ter are qualified and that the center is properly equipped and
36
28333. The board department shall inspect the premises
35
meets all other provisions of this chapter.
37
within 10 days after the date of the filing of the application.
36
SEC. 331. Section 28380 of the Health and Safety Code is
38
SEC. 325. Section 28334 of the Health and Safety Code is
37
amended to read
39 amended to read:
38
28380. There is in the state government a Cannery Inspec-
40
28334. A license issued by the board department shall not
39
tion Board consisting of the following six members:
41 be for a period of more than one year, and shall expire at the
40
(a) The director of the state department, who shall act as
42 end of the period for which it is issued. This license is non-
41
chairman.
43 transferable.
42
(b) One man appointed by the Director of the State Board
44
SEC. 326. Section 28335 of the Health and Safety Code
43
Department of Health who shall have had at the time of his
45
is amended to read:
44
appointment at least ten (10) years experience in or with can-
46
28335. At any time after the issuance of the license the
45
ning technology and has a degree in chemistry, bacteriology or
47 premises covered thereby may be reinspected by the board de-
46 medicine.
48 partment and the license may be revoked or suspended after
47
(c) Four men appointed by the state board department who
49 a hearing by the board department if it finds that the prem-
48
are experienced, have substantial investments and are actively
50 ises no longer comply with the standards prescribed by Sec-
49
engaged in the canning industry at the time of their appoint-
51 tions 28280 to 28287, both inclusive, and 28295 of this chapter.
50
ment.
52 The proceedings for the revocation or suspension of a license
51
One of the four appointive members shall be engaged in the
52
canning of animal food.
- 100
- 101 -
1
SEC. 332. Section 28383 of the Health and Safety Code is
1
28403. In lieu of all other procedures in Articles 2 and 3
2
amended to read:
2
of this chapter, each person licensed under this chapter may be
3
28383. The Cannery Inspection Board shall, subject to the
3
assessed at an estimated annual hourly rate set by the Cannery
4
approval of the state board department, estimate the cost of
4 Inspection Board with the approval of the state board depart-
5
the separate inspection and laboratory control required to be
5 ment and the State Director of General Services. Such annual
6
made for each food product subject to this chapter.
6 rate shall be set for each industry group based on the estimated
7
SEC. 333. Section 28385 of the Health and Safety Code is
7 cost.
8
amended to read:
8
SEC. 339. Section 28410 of the Health and Safety Code is
9
28385. For the purpose of prorating the estimated cost of
9 amended to read:
10 inspection and laboratory control, the Cannery Inspection
10
28410. It is unlawful for any person to engage in the non-
11 Board, subject to the approval of the state board department
11 commercial canning of salmon, or in the commercial canning
12 shall estimate the number of cases to be packed, the number of
12 of any fish or fish product, meat or meat product, or any other
13 tons to be packed, or the number of man-hours necessary to be
13 food product for the use of man or animal, the sterilization
14 employed, whichever in its discretion is most equitable as a
14 of which in the opinion of the state board department requires
15 basis of proration.
15 the use of a pressure cooker or a retort, without first obtain-
16
SEC. 334. Section 28386 of the Health and Safety Code is
16 ing a license from the state board department
17
amended to read:
17
SEC. 340. Section 28411 of the Health and Safety Code is
18
28386. Based on the estimates required by the last three
18 amended to read:
19 sections, the Cannery Inspection Board, subject to the ap-
19
28411. The state board department shall issue an annual
20 proval of the state board department, shall determine the
20 license, which is nontransferable, to any person on the receipt
21 probable cost of inspection and laboratory control per thousand
21 of fifty dollars ($50) per plant, and such evidence as the
22 cases, per ton, or per man-hour, whichever in its discretion is
22 board may require to show that (1) the applicant is properly
23 most equitable.
23 equipped with a retort or pressure cooker which has recording
24
SEC. 335. Section 28400 of the Health and Safety Code is
24 thermometers, indicating thermometers, and pressure gauges
25 amended to read:
25 to carry out such rules and regulations as the state department
26
28400. At the end of each quarter, or at the close of any
26 may adopt for the sterilization of food products for the
27 canning season which does not exceed three consecutive months,
27 canning of which a license is sought and (2) the applicant is
28 the state board department shall determine the actual cost of
28 in compliance with the sanitary regulations of the state board
29 inspection and laboratory control of each separate food prod-
29 department The applicant shall be deemed to be in compliance
30 uct for the preceding quarter or preceding canning season, and
30 with such sanitary regulations unless the applicant has been
31 shall prorate such cost to each person licensed under this
31 given written notice by the state board department not less
32 chapter on the basis of cases packed, tons packed, or number of
32 than sixty (60) days prior to the expiration of the existing
33 man-hours necessary to be employed, whichever has been deter-
33 license that the cannery does not comply with such sanitary
34 mined by the Cannery Inspection Board, with the approval of
34 regulations, and the applicant has subsequently failed to bring
35 the state board department, to be most equitable.
35 the cannery into compliance therewith.
36
SEC. 336. Section 28401 of the Health and Safety Code is
36
SEC. 341. Section 28411.5 of the Health and Safety Code
37
amended to read:
37 is amended to read:
38
28401. In making any separate inspection and laboratory
38
28411.5. Any person who has been denied the annual
39 control for any food product, the state board department shall
39 license provided in this chapter may obtain a hearing by the
40 not spend more than the amount estimated by the Cannery
40 state board department by mailing a written request therefor
41 Inspection Board as the cost of the inspection without the ap-
41 to said board the department. The state board department
42 proval of the Cannery Inspection Board.
42 shall give the applicant at least ten (10) days notice of such
43
SEC. 337. Section 28402 of the Health and Safety Code is
43 hearing and shall hold such hearing within thirty (30) days of
44 amended to read:
44 the receipt of such request.
45
28402. In making estimates, determinations, assessments,
45
SEC. 342. Section 28412 of the Health and Safety Code is
46 and prorations under Articles 2 and 3 of this Chapter, the
46 amended to read:
47 Cannery Inspection Board and the state board department may
47
28412. In addition to the annual license fee, the state
48 include as a part of the cost of inspection a reasonable charge
48 board department shall demand from each licensee such cash
49 for standby services of inspectors.
49 deposit for the payment of his pro rata share of the estimated
50
SEC. 338. Section 28403 of the Health and Safety Code is
50 cost of inspection and laboratory control as the state board
51
amended to read:
51 department may deem necessary.
- 103 -
- 102 -
1
1
SEC. 343. Section 28413 of the Health and Safety Code is
Any permit granted is revocable by the board department
2 amended to read:
2 whenever in its judgment the public health requires such ac-
3
3 tion.
28413. If the deposit made by any licensee is insufficient
4
4 to meet the actual cost of an inspection and laboratory control
SEC. 348. Section 28431 of the Health and Safety Code is
5 of any product determined by the state board department,
5 amended to read:
6
6 the latter shall demand from the licensee, and the licensee
28431. It is unlawful for any person to place upon the
7 shall immediately pay to the state board department, in ad-
7 label of any bottle, can, jar, carton, case, box, barrel, or any
8 dition to the license fee payable by the licensee, the difference
8 other receptacle, vessel, or container of whatever material or
9 between the deposit and his pro rata share of the actual cost
9 nature which may be used by a packer, manufacturer, pro-
10 of the inspection and laboratory control.
10 ducer, jobber, or dealer for enclosing any canned food product,
11
SEC. 344. Section 28415 of the Health and Safety Code is
11 fish or fish product, or meat or meat product, any statement
12 amended to read:
12 relative to the product having been inspected, unless the state-
13
28415. No food product subject to the inspection required
13 ment has been approved in writing by the state board depart-
14 ment.
14 by this chapter shall be shipped by the licensee who packed it
15
15 until the licensee has either paid his pro rata share of the esti-
Approval of a statement is revocable at any time by the
16 mated cost of inspection or has furnished the state board de-
16 state board department upon written notice.
17
17 partment a cash deposit for the payment of his pro rata share
SEC. 349. Section 28432 of the Health and Safety Code is
18 of such cost.
18 amended to read:
19
19
SEC. 345. Section 28416 of the Health and Safety Code is
28432. Any food product packed in violation of this chap-
20 amended to read:
20 ter may be quarantined by the state board department until
21
28416. The state board department may after notice and
21 a laboratory examination has established that the product
22 opportunity for hearing suspend or revoke a license issued
22 meets the requirements of this chapter.
23
23 under this chapter for any of the following causes:
SEC. 350. Section 28433 of the Health and Safety Code is
24
(a) Nonpayment of the pro rata share of the cost of in-
24 amended to read:
25 spection and laboratory control, or failure to comply with a
25
28433. Any person who packs any food product which
26 demand for a cash deposit or other security by the holder of
26 has been quarantined by the state board department shall pay
27 the license.
27 the state board department all reasonable costs of any labora-
28
(b) Noncompliance with any of the regulations of the state
28 tory examination, determined by the Cannery Inspection
29 board department
29 Board, subject to the approval of the state board department,
30
(c) Operation of an insanitary cannery after due notice by
30 to be necessary to ascertain that the seized product was packed
31 registered mail has been received.
31 in violation of this chapter.
32
(d) Inadequate ratproofing of a cannery throughout.
32
SEC. 351. Section 28440 of the Health and Safety Code is
33
(e) Willful packing of any canned food commodity which
33 amended to read:
34 has been rejected by an agent of the state department.
34
28440. The state board department may make such rules
35
(f) Packing of any canned food commodity subject to this
35 and regulations as it deems necessary for the proper enforce-
36 chapter without notifying the state department before packing.
36 ment of this chapter, and such rules and regulations shall have
37
SEC. 346. Section 28418 of the Health and Safety Code is
37 the force and effect of law.
38 amended to read:
38
SEC. 352. Section 28441 of the Health and Safety Code is
39
28418. Proceedings for the suspension and revocation of
39 amended to read:
40 licenses shall be conducted in accordance with Chapter 5, Part
40
28441. No rule or regulation or amendment thereto shall
41 1, Division 3, Title 2 of the Government Code; and the state
41 be adopted unless submitted by the state board department to
42 board department has all the powers granted therein.
42 the Cannery Inspection Board at least five days prior to the
43
SEC. 347. Section 28430 of the Health and Safety Code
43 date of adoption.
44 is amended to read:
44
SEC. 353. Section 28442 of the Health and Safety Code is
45
28430. No person shall permit another to operate a steam
45 amended to read:
46 controlled retort used in the commercial canning industry
46
28442. The state board department shall enforce its rules
47 for the sterilization of food products, unless the latter first
47 and regulations and the provisions of Chapter 3 of this divi-
48 obtains a permit from the state board department. The board
48 sion relating to the canning of food products ; through the
49 department may pass upon and determine the qualifications of
49 Chief of the Bureau of Cannery Inspections and such other
50 the applicant with a view to the preservation of the public
50 employees as it deems necessary. The state board department
51 health.
51 shall, SO far as practicable, acquaint each licensee subject to
52 this chapter with its rules and regulations, and upon request
- 104 -
- 105 -
1 therefor by any licensee shall furnish a copy of such rules and
1
Sec. 358. Section 28483 of the Health and Safety Code is
2
regulations.
2
amended to read:
3
SEC. 354. Section 28451 of the Health and Safety Code is
3
28483. All records of those licensed under the provisions
4 amended to read:
4 of this act which concern the amounts of olive oil produced
5
28451. All money received by the State Department of
5 and/or purchased, or the sale and/or distribution of any olive
6 Public Health under the provisions of this chapter shall be
6 oil, shall be open to inspection upon demand of any agent of
7 paid at least once each month to the State Treasurer, and on
7
this board department
8 order of the State Controller, shall be deposited in the Gen-
8
SEC. 359. Section 28487 of the Health and Safety Code is
9 eral Fund in the State Treasury.
9
amended to read
10
SEC. 355. Section 28452 of the Health and Safety Code is
10
28487. The board department shall enforce the provisions
11 amended to read:
11 of this chapter.
12
28452. Notwithstanding the provisions of Section 28451,
12
SEC. 360. Section 28504 of the Health and Safety Code is
13 the State Department of Public Health and the Department
13 amended to read
14 of General Services may authorize the deposit in the Special
14
28504. The board department shall prescribe the form of
15 Deposit Fund of cash deposits received by the State Depart-
15 the tags or labels to be used.
16 ment of Public Health under the provisions of Section 28412;
16
SEC. 361. Section 28507 of the Health and Safety Code is
17 and in such event, upon the determination by the State De-
17 amended to read:
18 partment of Publie Health that all or a part of any such
18
28507. The board department shall enforce the provisions
19 deposit is due the state for payment on account of the deposi-
19
of this chapter.
20 tor's pro rata share of costs incurred by the state under this
20
SEC. 362. Section 28508 of the Health and Safety Code is
21 chapter, the amount SO determined shall, on order of the State
21 amended to read
22 Controller, be transferred from the Special Deposit Fund to
22
28508. The board department shall prescribe and enforce
23 the General Fund.
23 such rules and regulations as it may deem necessary to carry
24
All money deposited in the Special Deposit Fund under the
24 into effect the full intent and meaning of this chapter.
25 provisions of this section shall be subject to the provisions of
25
SEC. 363. Section 28616.1 of the Health and Safety Code is
26 Article 2 of Chapter 2 of Part 2 of Division 4 of Title 2 of
26
amended to read
27 the Government Code.
27
28616.1. All mobile units, upon which food is prepared,
28
SEC. 356. Section 28478 of the Health and Safety Code is
28 except mobile units to which the local health officer has issued
29
amended to read
29 written authorization to operate at a special public event, shall
30
28478. Unless a license SO to do is first obtained from the
30 operate out of a commissary or other facility approved by the
31 board department, it is unlawful for any person in this state
31 local health officer. All mobile units upon which food is pre-
32 to engage in the packaging or manufacture of olive oil, or in
32 pared shall be subject to approval by the local health officer
33 the wholesale distribution of olive oil where his name and ad-
33 and shall be cleaned at the approved commissary or other ap-
34 dress will appear upon olive oil containers of one pint ca-
34 proved facility after each day's use and before being used
35 pacity or larger, as the distributor and his name will appear
35 again. The commissary shall meet the requirements of Article
36 upon the containers as the only California addressee.
36 2 (commencing with Section 28540) of this chapter, any rules
37
SEC. 357. Section 28479 of the Health and Safety Code is
37 and the regulations applicable to commissaries adopted by the
38
amended to read
38 State Board of Public Department of Health pursuant to Sec-
39
28479. On receipt of an application showing that the ap-
39 tion 38694.5, and any additional local standards applicable to
40 plicant is properly equipped to package or manufacture olive
40 commissaries. All mobile units upon which food is prepared
41 oil, or is a wholesale distributor of olive oil whose name and
41 shall meet the requirements of Article 3 (commencing with
42 address will appear upon olive oil containers as distributor and
42 Section 28590) of this chapter, any rules and regulations ap-
43 whose name also will appear upon such containers as the only
43 plicable to mobile units adopted by the State Board of Public
44 California addressee, the board department shall, free of
44 Department of Health pursuant to Section 38694.5, and any
45 charge, issue the applicant a license, not transferable, but good
45
additional local standards applicable to mobile units.
46 until revoked, to package, manufacture, or distribute olive oil
46
No food, beverage, or ingredient of food or beverage may
47
as the case may be.
47 be placed on a mobile unit upon which food is prepared ex-
48
The board department may revoke or suspend such license
48 cept at an approved commissary or other approved facility
49
after a hearing. The proceedings for the revocation or suspen-
49 or directly from a vendor under inspection by the state de-
50 sion of a license shall be in accordance with Chapter 5 of Part
50 partment or a local health department, or both.
51 1 of Division 3 of Title 2 of the Government Code, and the
51
The operator of a mobile unit upon which food is prepared
52 board department shall have all the powers granted therein.
52 shall maintain a record on such mobile unit which shows the
- 106 -
- 107 -
1 source of all foods, beverages and ingredients of foods and
1
(h) "Temperature" means the average air temperature in
2 beverages used on such mobile unit and the location of the
2
refrigerated rooms.
3 commissary or other approved facility from which the mobile
3
(i) "Department" means the State Department of Public
4 unit is operated. Such record shall be available for examination
4
Health.
5 by the local health officer or any representative of the state
5
(j) "Operator" means any person, firm or corporation op-
6 department when the mobile unit is being operated. The failure
6
erating or maintaining a frozen food locker plant.
7 to maintain such record or the refusal to permit the examina-
7
(k) "Processor" means an establishment in which, for com-
8 tion shall be sufficient ground for the revocation of the ap-
8 pensation directly or indirectly, meat or meat products are
9
proval of the mobile unit to operate.
9 cut, wrapped, or frozen to be delivered for frozen storage by
10
SEC. 364. Section 28694.5 of the Health and Safety Code is
10 the ultimate consumer.
11
amended to read:
11
SEC. 366. Section 28716 of the Health and Safety Code is
12
28694.5. The State Board of Public Department of Health
12 amended to read:
13 shall adopt rules and regulations prescribing such additional
13
28716. Every operator of a frozen food locker plant, shall
14
requirements for commissaries and mobile units upon which
14 keep a record showing names and addresses of renters of
15 food is prepared and for the administration of Articles 2
15 lockers and such records shall be available for examination by
16 (commencing with Section 28540) and 3 (commencing with
16 the Director of the Department of Agriculture or his repre-
17 Section 28590) of this chapter as it determines are reasonably
17 sentatives, or the State Department of Public Health or its
18 necessary for the protection of the public health and safety.
18 representatives, during business hours of such plants.
19 Any violation of such rules and regulations is a violation of
19
SEC. 367. Section 28742 of the Health and Safety Code is
20
this chapter.
20 amended to read:
21
SEC. 365. Section 28700 of the Health and Safety Code is
21
28742. "Department" means the State Department of Pub-
22
amended to read
22 lic Health.
23
28700. When used in this chapter, unless the context other-
23
SEC. 368. Section 32002 of the Health and Safety Code is
24
wise requires:
24 amended to read:
25
(a) "Food" means any article used by man for food, drink,
25
32002. The manner of formation of local hospital districts,
26
confectionery or condiment, or which enters into the composi-
26 and the conducting of elections, unless otherwise provided
27
tion thereof, whether simple, blended, mixed or compounded.
27 herein shall be as in the manner provided by Chapter 1, Divi-
28
(b) "Locker" means the individual sections or compart-
28 sion 2 of Title 6 of the Government Code. All of the provi-
29 ments of a capacity of not to exceed 25 cubic feet in the
29 sions of said chapter are hereby incorporated in this division
30 locker room of a frozen food locker plant.
30 by reference and shall have the same effect and force as if
31
(c) "Frozen food locker plant" means an establishment in
31 fully set forth herein. In addition to all other requirements
32
which space in such individual lockers is rented, leased or
32 regarding formation of hospital districts, no hearing upon the
33
loaned to individuals, firms or corporations, for the storage
33 petition to form a hospital district shall be held until there
34
of food for their own use and which is artificially cooled for
34 shall have been filed with the supervising authority a certificate
35
the purpose of preserving such food. The term includes service
35 from the State Department of Public Health stating its find-
36
locker plant, storage locker plant and branch locker plant.
36 ings in accordance with the standards established for allocated
37
(d) "Service locker plant" means a frozen food locker
37 funds under the California Hospital Survey and Construction
38 plant in which patrons' foods are prepared or packaged by
38 Act, upon the following facts:
39 the operator of such plant before such foods are placed in
39
(a) The need for hospital beds in the hospital service area
40
the lockers for storage.
40
to be served.
41
(e) "Storage locker plant" means a frozen food locker
41
(b) The fulfillment of needs in the service area based upon
42 plant, the operator of which does not prepare or package the
42
hospital beds in existence or under construction.
43
foods of patrons.
43
(c) Upon request of the supervising authority the State
44
(f) "Branch locker plant" means a frozen food locker
44 Department of Public Health shall furnish its findings regard-
45 plant in any location or establishment artificially cooled in
45
ing (a) and (b).
46 which space in individual lockers are rented, leased or loaned
46
SEC. 370. Section 32127.2 of the Health and Safety Code
47 to individuals, firms or corporations for the storage of food
47
is amended to read:
48 for their own use after preparation for storage in a central
48
32127.2. Exclusively for the purpose of securing state in-
49
or parent plant.
49
surance of financing for the construction of new health facili-
50
(g) "Frozen" means food frozen in a room or compart-
50 ties, the expansion, modernization, renovation, remodeling and
51
ment in which the temperature is plus 5 degrees F. or lower.
51
alteration of existing health facilities, and the initial equipping
52 of any such health facilities under Chapter 4 (commencing
- 108 -
- 109 -
1 with Section 436) of Part 1 of Division 1, and notwithstand-
1
(b) "Director" means the Director of Public Health.
2 ing any provision of this division or any other provision or
2
(c) "Department" means the Department of Public Health.
3 holding of law, the board of directors of any district may (a)
3
(d) "Secretary" means the Secretary of the Human Rela-
4 borrow money or credit from private or public lenders, as well
4 tions Agency.
5 as by the financing methods specified in this division, and
5
(e) "State board" means the State Mental Retardation
6 (b) execute in favor of the state first mortgages, first deeds of
6 Program Advisory Board.
7 trust, and such other necessary security interests as the State
7
(f) "Area board" means an areawide mental retardation
8 Department of Public Health may reasonably require in re-
8 program board.
9 spect to a health facility project property as security for
9
(g) "Area plan" means an areawide mental retardation
10 such insurance. No payments of principal, interest, insurance
10
plan.
11 premium and inspection fees, and all other costs of state-
11
SEC. 373. Section 38056 of the Health and Safety Code
12 insured loans obtained under the authorization of this section
12 is amended to read:
13 shall be made from funds derived from the district's power
13
38056. No member of an area board may be an employee of
14 to tax. It is hereby declared that the authorizations for the
14 a regional center, the State Department of Public Health,
15 executing of such mortgages, deeds of trust and other neces-
15 the State Department of Mental Hygiene, or the State Depart-
16 sary security agreements by the board and for the enforce-
16 ment of Social Welfare.
17 ment of the state's rights thereunder is in the public interest
17
SEC. 374. Section 38060 of the Health and Safety Code
18 in order to preserve and promote the health, welfare, and
18 is amended to read:
19 safety of the people of this state by providing, without cost
19
38060. Area plans shall be submitted to the Areawide Com-
20 to the state, a state insurance program for health facility
20 prehensive Health Planning Agency for review, and to the
21 construction loans in order to stimulate the flow of private
21 secretary for approval and transmission to the Advisory
22 capital into health facilities construction to enable the rational
22 Health Planning Council.
23 meeting of the critical need for new, expanded and modern-
23
SEC. 375. Section 38101 of the Health and Safety Code
24 ized public health facilities.
24 is amended to read:
25
SEC. 371. Section 32201 of the Health and Safety Code is
25
38101. The State Department of Public Health, within the
26 amended to read:
26 limitations of funds appropriated, shall contract with appro-
27
32201. Annually, at least 15 days before the first day of
27 priate agencies, either public or private nonprofit corporations,
28 the month in which county taxes are levied, the board of di-
28 for the establishment of regional centers.
29 rectors of each local hospital district shall furnish to the board
29
SEC. 376. Section 38150 of the Health and Safety Code
30 of supervisors of the county in which the district or any part
30 is amended to read:
31 thereof is situated an estimate in writing of the amount of
31
38150. Notwithstanding any other provision of law, the
32
money necessary to be raised by taxation for all purposes re-
32 Department of Mental Hygiene shall not be appointed as
33
quired under the provisions of this division during the next
33 guardian of any mentally retarded person after July 1, 1971.
34 ensuing fiscal year. In addition to such written estimate the
34 This chapter shall not be construed to terminate any appoint-
35 board of directors of each local hospital district shall furnish
35 ment of the Department of Mental Hygiene as guardian of a
36 to the board of supervisors for each tax year occurring after
36 mentally retarded person prior to July 1, 1971.
37
the second full fiscal year of actual hospital operations a certi-
37
It is the intent of this section that the Director of Public
38
fied copy of a resolution of said board of directors finding that
38 Health be appointed as guardian or conservator of a mentally
39 the rates and charges made for services and facilities in the
39 retarded person as provided, pursuant to the provisions of
40 hospital on an overall basis are comparable to charges made
40 Article 7.5 (commeneing with Section 416) of Chapter 2 of
41 for similar services and facilities by the nonprofit hospitals
41 Part 1 of Division 1 of this code, in any case in which the
42 operated within the hospital service area in which the district
42 Director of Mental Hygiene would otherwise have been SO
43 hospital is located. No such certificate need be furnished if
43 appointed.
44 there are no nonprofit hospitals in such service area. Such hos-
44
Notwithstanding Section 6000 of the Welfare and Institu-
45 pital service area shall be as from time to time delineated by
45 tions Code, the admission of an adult mentally retarded per-
46 the State Department of Public Health.
46 son to a state hospital or private institution shall be upon the
47
SEC. 372. Section 38003 of the Health and Safety Code is
47 application of the person's parent or guardian.
48 amended to read:
48
SEC. 377. Section 38202 of the Health and Safety Code is
49
38003. As used in this division:
49 amended to read:
50
(a) "Regional center" means a regional diagnostic, coun-
50
38202. The state board shall advise the Advisory Health
51 seling and service center for mentally retarded persons and
51 Planning Council, the secretary, the Governor and the Legis-
52 their families.
52 lature on the initiation, coordination, and implementation of
110
- 111
1 programs and projects for the mentally retarded, including,
1 mum of federal funds available, and that all funds be trans-
2
but not limited to, the following:
2 mitted through the department to each regional center.
3
(a) Present and proposed programs of service for the men-
3
SEC. 380. Section 38253 of the Health and Safety Code is
4 tally retarded of state, local governmental, and voluntary
4
amended to read:
5
agencies.
5
38253. The secretary, in the same manner and subject to
6
(b) The development by the secretary of a state plan for
6 the same conditions as other state agencies, shall submit a
7
mental retardation services and the system of priorities con-
7 program budget annually to the Department of Finance, in-
8
tained in a program budget to be developed by the secretary.
8 cluding not only expenditures proposed to be made under
9
(c) The development by the Advisory Health Planning
9 this division, but also expenditures proposed to be made under
10 Council of the mental retardation portion of the state plan for
10 any related program or by any other state agency, designed to
11
all health services.
11 provide services incidental to the functions to which this divi-
12
(d) Standards for services in various facilities that are now
12 sion relates. The secretary may require state departments to
13
being operated or which will hereafter be created.
13 contract with it for services to carry out the provisions of
14
(e) Standards and rates of state payment for any services
14 this division.
15
purchased for mentally retarded persons through the regional
15
Notwithstanding any other provision of law, authorized
16
centers.
16
services to eligible persons, as defined in this division, pro-
17
(f) The development of uniform recordkeeping in all serv-
17 vided by all state agencies, including, but not limited to, the
18
ices for the mentally retarded.
18 Departments of Education, Mental Hygiene, Public Health,
19
(g) The coordination of services and research activities in
19 Rehabilitation and Social Welfare shall, to the fullest extent
20
the field of mental retardation, including the evaluation of
20 permitted by federal law, by contract or otherwise, be made
21
services and programs, studies of the prevalence of mental
21 available upon request of the director, and the approval of
22
retardation, and the development of experimental programs.
22 the secretary, to the department for services to eligible persons.
23
(h) The stimulation of planning for professional training
23
The secretary shall consult with the departments involved
24
in the state universities and colleges.
24 in developing the statewide plan and program budget, and
25
SEC. 378. Section 38203 of the Health and Safety Code is
25 shall seek the advice of the state board.
26
amended to read
26
SEC. 381. Section 39020 of the Health and Safety Code is
27
38203. The state board shall prepare and render annually
27
amended to read
28
a written report of its activities and its recommendations to
28
39020. There is in state government, in the Resources
29 the Advisory Health Planning Council, the Secretary of the
29 Agency, the State Air Resources Board. The board shall con-
30 Human Relations Agency, the Governor and the Legislature.
30
sist of 14 members, nine of whom shall be appointed by the
31
SEC. 379. Section 38250 of the Health and Safety Code is
31 Governor with the consent of the Senate. The Governor shall
32 amended to read:
32
consider demonstrated interest and proven ability in the field
33
38250. It is the intent of this division that by July 1, 1971,
33
of air pollution as well as the needs of the general public, in-
34 state funds previously allocated to other agencies for the pro-
34 dustry, agriculture, and other related interests, in making
35 vision of out-of-home prehospital, hospital and posthospital
35 appointments to the board. The Director of Public Health,
36
care be allocated, to the fullest extent feasible, to regional cen-
36 Director of Motor Vehicles, Director of Agriculture, Commis-
37 ters to contract with appropriate agencies for the provision of
37
sioner of the California Highway Patrol, and Director of Con-
38
out-of-home placements.
38
servation shall serve as members of the board. The Governor
39
In the event either the Governor or the Legislature should
39 shall appoint the chairman from one of the nine appointees
40 obtain federal approval to transfer programs for the mentally
40 who shall serve as chairman at the pleasure of the Governor.
41 retarded from other state departments to the Department of
41
SEC. 382. Section 39023 of the Health and Safety Code is
42 Public Health under the provisions of Public Law 90-577 (In-
42
amended to read:
43 tergovernmental Cooperation Act of 1968), the State Control-
43
39023. The board shall appoint an executive officer and may
44 ler shall, upon approval of the Director of Finance, transfer
44
contract for services and may employ such technical and other
45 to the Department of Public Health such parts of the appro-
45 personnel and acquire such facilities and may call upon the
46 priation of the other departments that are related to mental
46 Department of Public Health as may be necessary for the per-
47 retardation programs; provided further, that such transfer
47
formance of its powers and duties in carrying out the pro-
48 shall enable the state to make maximum utilization of available
48 visions of this division. The board may appoint such advisory
49 state and federal funds.
49 groups and committees as it requires to effectuate the purpose
50
It is the intent of this division that the regional center pro-
50
of this division.
51 gram be funded by the state on a regional basis using the maxi-
51
SEC. 383. Section 39051 of the Health and Safety Code is
52
amended to read:
- 112 -
- 113 -
1
39051. The board shall after holding public hearings:
1
submit a copy of these procedures to the Legislature by Janu-
2
(a) Divide the state into basins to fulfill the purposes of this
2
ary 1, 1969.
3
division not later than January 1, 1969.
3
(i) Adopt formal procedures, after consultation with the
4
(b) Adopt standards of ambient air quality for each basin
4 Department of the California Highway Patrol, for making
5
in consideration of the public health, safety and welfare, in-
5
timely and decisive mutual agreements on vehicle air pollution
6
cluding but not limited to health, illness, irritation to the
6 matters with which both agencies are concerned, and submit a
7 senses, aesthetic value, interference with visibility, and effects
7
copy of these procedures to the Legislature by January 1, 1969.
8
on the economy. These standards may vary from one basin to
8
(j) Publish annually a report of the results of the tests
9
another. Standards relating to health effects shall be based
9
administered pursuant to subdivision (k) of this section, which
10 upon the recommendations of the State Department of Public
10
shall include all of the following:
11 Health.
11
(1) The total number of motor vehicles tested.
12
(c) Adopt rules and regulations in accordance with the
12
(2) The total number of each engine and transmission com-
13 provisions of the Administrative Procedure Act (commencing
13
bination tested.
14 with Section 11370 of the Government Code) necessary for the
14
(3) The average emissions of all motor vehicles tested.
15 proper execution of the powers and duties granted to, and
15
(4) The average emissions of each engine and transmission
16 imposed upon, the board by this division.
16
combination tested.
17
(d) Adopt emission standards for all nonvehicular air pol-
17
(5) An analysis of the emissions of each engine and trans-
18 lution sources for application for each basin as found necessary
18
mission combination tested.
19 as provided in Section 39054.
19
(k) Adopt test procedures as soon as possible, but in no
20
SEC. 384. Section 39052 of the Health and Safety Code is
20
event later than 45 days after the effective date of the amend-
21
amended to read:
21
ments to this section enacted by the Legislature at the 1968
22
39052. The board shall:
22
Regular Session, specifying the manner in which new motor
23
(a) Conduct studies and evaluate the effects of air pollution
23
vehicles shall be approved based upon the emission standards
24 upon human, plant, and animal life and the factors responsi-
24
contained in Article 2 (commencing with Section 39100) of
25 ble for air pollution. The board may call upon the Department
25
Chapter 4 of this part. The board shall base its test procedures
26 of Public Health, Department of Agriculture, the University
26
on driving patterns typical in the urban areas of California,
27 of California, and such other state agencies it may deem nec-
27
and shall weight approval standards appropriately to reflect
28 essary.
28
normal engine deposit accumulation. The board shall admin-
29
(b) Encourage a cooperative state effort in combating air
29
ister the test for new motor vehicles in accordance with such
30
pollution.
30
procedures.
31
(c) Inventory sources of air pollution within the basins of
31
(l) Adopt regulations specifying the manner in which used
32 the state and determine the kinds and quantity of air pollu-
32
motor vehicles shall be accredited based upon their emissions.
33 tants. The board shall use, to the fullest extent, the data of
33 These regulations are to be submitted to the Legislature by
34 local agencies in fulfilling this purpose.
34
January 1, 1969.
35
(d) Monitor air pollutants in cooperation with other agen-
35
(m) Adopt, by regulation, emission standards and test pro-
36
cies to fulfill the purpose of this division.
36
cedures applicable to motor vehicles manufactured for sale in
37
(e) Coordinate and collect research data on air pollution.
37
this state. Such regulations shall provide for the testing of
38
(f) Review rules and regulations of local or regional author-
38 vehicles on factory assembly lines or in such other manner as
39 ities filed with it pursuant to Sections 39314 and 39461 to
39 the board determines best suited to carry out the purposes of
40 assure that reasonable provision is made to control emissions
40 this part. The standards established by the board may deviate
41 from nonvehicular sources and to achieve the air quality stand-
41 from the standards established as a condition of approval as
42 ards established by the board.
42 the board determines is necessary to implement this section.
43
(g) Adopt formal procedures, after consultation with the
43 The test procedures shall be adopted after consideration of the
44 Department of Motor Vehicles, for making timely and decisive
44 recommendations of the Technical Advisory Panel to the As-
45 mutual agreements on vehicle air pollution matters with which
45
sembly Transportation and Commerce Committee of April 14,
46 both agencies are concerned, and submit a copy of these pro-
46
1968. Any manufacturer or distributor failing to comply with
47 cedures to the Legislature by January 1, 1969.
47
the standards or test procedures established under this subdi-
48
(h) Adopt formal procedures, after consultation with the
48
vision shall be subject to a civil penalty of fifty dollars ($50)
49 Department of Public Health, for the performance of services
49 for each vehicle which does not comply with the regulations
50 required by the board and for evaluating and resolving air
50 and which is first sold in this state. The payment of such pen-
51 pollution matters with which both agencies are concerned, and
8-80063-C
- 115 -
- 114 -
1
A hearing or other matter pertaining to a hearing before
1 alties shall be a condition to the further sale of motor vehicles
2 the State Social Welfare Board, not completed on September
2 in this state.
3 20, 1963, shall be completed by the Director of the Department
3
(n) Adopt exhaust emission standards for hydrocarbons,
4 of Social Welfare.
4 carbon monoxide, and oxides of nitrogen for new diesel-pow-
5
SEC. 390. Section 703 of the Welfare and Institutions Code
5 ered vehicles, and diesel engines for vehicles first sold and
6 is amended to read:
6
registered in this state, no later than January 1, 1971.
7
703. If the court, after finding that the minor is a person
7
(o) Adopt emission standards for motor vehicles which shall
8 described by Sections 600, 601, or 602, is in doubt concerning
8 be applicable only to motor vehicles for which emission stand-
9 the state of mental health or the mental condition of the per-
9 ards have not been specified in Article 2 (commencing with
10 son, the court may continue the hearing and commit the person
10 Section 39100) of Chapter 4 of this part.
11 to the Department of Mental Hygiene Health for placement in
11
(p) Adopt low emission standards for the purpose of carry-
12 a state hospital or state home for the mentally deficient for an
12 ing out Section 14808.1 of the Government Code and Section
13 indeterminate period of not more than 90 days, for observation
13 6377 of the Revenue and Taxation Code for each model year
14 of the mental health or the mental condition of the person and
14 motor vehicle beginning in 1970.
15 recommendations concerning his future care, supervision, and
15
(q) The board shall adopt test procedures to establish that
16 treatment. If the Department of Mental Hygiene Health has
16
motor vehicles which have been modified or altered to use a
17 designated a particular state institution to receive minors SO
17 fuel other than gasoline or diesel are in compliance with Sec-
18 committed for observation, all commitments shall be made to
18 tion 39110 giving consideration to relative reactivity and air-
19 the department for placement in the institution SO desig-
19 fuel correction factor of the fuel being tested.
20 nated. The superintendent of the institution to which the
20
SEC. 387. Section 1535 of the Probate Code is amended to
21 minor is SO committed shall receive him, unless the institution
21
read
22 is already full or the funds available for its support are ex-
22
1535. When the ward is or has been, during the guardian-
23 hausted, or if, in the opinion of the superintendent, the person
23 ship, confined in a state hospital in this state, notice of the
24 is not a suitable subject for admission. Before such person is
24 hearing of the return must be given to the Director of Mental
25 conveyed to the institution, it shall be ascertained from the
25 Hygiene Health at his office in Sacramento at least 15 days
26 superintendent thereof if the person may be accepted as herein
26 before the hearing.
27
set forth.
27
SEC. 388. Section 1554 of the Probate Code is amended to
28
For each minor person SO committed for observation, the
28 read:
29 county from which he is committed shall pay the state at the
29
1554. No account of the guardian of an insane or incompe-
30 rate of forty dollars ($40) per month for the time the person
30 tent person who is or has been during the guardianship con-
31
SO committed remains in the state institution for observation.
31 fined in a state hospital in this state shall be settled or allowed
32 Such expense shall be considered expense of support and main-
32 unless notice of the time and place of hearing and a copy of the
33 tenance within the meaning of Article 16, (commencing with
33 account have been given to the Director of Mental Hygiene
34 Section 900) and the county shall be entitled to reimbursement
34 Health at his office in Sacramento at least 15 days before the
35 therefor from the earnings, property, or estate of the minor, or
35 hearing. The statute of limitations shall not run against any
36 from his parents, guardian, or other person liable for his sup-
36 claim of the Department of Mental Hygiene Health against the
37 port and maintenance, in accordance with the provisions of
37 estate of the incompetent for board, care, maintenance or
38 that article. The department shall present to the county, not
38 transportation if the account is settled without giving the
39 more frequently than monthly, a claim for the amount due
39 notice prescribed above.
40 the state under this section which the county shall process and
40
SEC. 389. Section 20 of the Welfare and Institutions Code
41 pay pursuant to the provisions of Chapter 4 (commencing with
41 is amended to read:
42 Section 29700) of Division 3 of Title 3 of the Government
42
20. Whenever reference is made in this code to the adop-
43 Code.
43 tion of regulations or personnel standards, or to the conduct
44
The medical superintendent or other person in charge of the
44 of hearings, by the State Social Welfare Board, unless the
45 state hospital or state home for the mentally deficient in which
45 context indicates otherwise, the reference shall be construed
46 a minor person is placed for observation pursuant to this sec-
46 to refer to the Director of the Department of Social Welfare
47 tion shall, as soon as possible and within 90 days, examine the
47 with respect to money payment programs or the Director of
48 person to determine the state of his mental health or his mental
48 the Department of Health with respect to social services.
49 condition, and submit to the juvenile court a report on the
49
References to the State Social Welfare Board in Sections
50 state of his mental health or mental condition which shall in-
50
3050, 3083, 4150, 4557, and 4724 shall be construed to refer
51 clude a diagnosis of the nature of his mental illness or dis-
51 to the appropriate director.
- 116 -
- 117 -
1 ability, if any, and recommendations concerning his future
1 ject to the requirements of Chapter 1 (commencing with Sec-
2 care, supervision, and treatment.
2 tion 16000) of Part 4 of Division 9; provided, however, that
3
If the medical superintendent or other person in charge of
3 pending action by the State Department of Social Welfare
4 the state institution in which the minor has been placed for
4 Health, the placement of a minor in a home certified as meet-
5 observation reports to the court that the minor is not affected
5 ing minimum standards for boarding homes by the probation
6 with any mental illness, disorder, or other mental disability
6 officer shall be legal for all purposes.
7 for which he might be committed to the Department of Mental
7
(d) Any other public agency organized to provide care for
8 Hygiene Health for placement in any state institution under
8
needy or neglected children.
9 Division 6 (commencing with Section 5000) of this code, such
9
SEC. 392. Section 1128 of the Welfare and Institutions
10 superintendent or other person in charge of the state institu-
10 Code is amended to read:
11 tion shall return the minor to the juvenile court within seven
11
1128. Any person committed to or placed in a correctional
12 days after the date of the report and the court shall proceed
12 school who is epileptic, mentally deficient, or mentally ill
13
with the case in accordance with the provisions of this chapter.
13 within the meaning of this code may be discharged and re-
14
When the juvenile court directs the filing in any other court
14 committed for an indefinite period to a state hospital, with
15
of a petition for the commitment of a minor to the Department
15 the prior concurrence of the Department of Mental Hygiene
16 of Mental Hygiene Health for placement in any state institu-
16 Health
17 tion, the juvenile court shall transmit to the court in which the
17
Application for such discharge and recommitment may be
18 petition is filed a copy of the report of the medical superin-
18
made to the judge of the superior court of the county in which
19 tendent or other person in charge of the state institution in
19 the person is, by the Director of the Youth Authority.
20 which the minor was placed for observation. The court in
20
Notice of the application shall be served upon such relatives
21 which the petition for commitment is filed may accept the re-
21 of the person, or upon such other persons as the judge deems
22 port of the medical superintendent or other person in charge
22 necessary or proper, in such manner as the judge deems suf-
23 of the state institution in lieu of the appointment, certificate,
23 ficient to enable them to be heard on the application.
24 and testimony of medical examiners or other expert witnesses
24
The order for such discharge and recommitment shall be
25 appointed by the court, if the laws applicable to such commit-
25
made only if the findings of the court and the opinion of the
26 ment proceedings provide for the appointment by court of
26 Department of Mental Hygiene Health are the same as on the
27 medical examiners or other expert witnesses or may consider
27 commitment and reception at a state home for the mentally
28 the report as evidence in addition to the certificates and testi-
28 deficient or mentally ill of other persons committed for place-
29
mony of medical examiners or other expert witnesses.
29 ment therein.
30
The jurisdiction of the juvenile court over the minor shall
30
SEC. 393. Section 1756.5 of the Welfare and Institutions
31 be suspended during such time as the minor is subject to the
31 Code is amended to read:
32 jurisdiction of the court in which the petition for commitment
32
1756.5. Whenever the authority finds that any person com-
33 is filed or under commitment ordered by that court.
33 mitted to the authority is feebleminded, insane, mentally ill,
34
SEC. 391. Section 727 of the Welfare and Institutions
34 a sexual psychopath, or a defective or psychopathic delinquent,
35 Code is amended to read:
35 the authority may return the person to the committing court
36
727. When a minor is adjudged a dependent child of the
36 for discharge from the control of the authority and recommit-
37 court, on the ground that he is a person described by Section
37 ment in accordance with law to the Department of Mental
38 600, the court may make any and all reasonable orders for the
38 Hygiene Health for placement in the appropriate state insti-
39 care, supervision, custody, conduct, maintenance, and support
39 tution.
40 of such minor, including medical treatment, subject to further
40
SEC. 394. Section 3003 of the Welfare and Institutions
41 order of the court.
41 Code is amended to read:
42
The court may order the care, custody, control and conduct
42
3003. The Director of Corrections may enter into agree-
43 of such minor to be under the supervision of the probation
43 ments with the Director of Mental Hygiene Health pursuant
44 officer or may commit such minor to the care, custody and con-
44
to which persons committed to the custody of either for nar-
45 trol of
45 cotic addiction or imminent narcotic addiction can be trans-
46
(a) Some reputable person of good moral character who
46 ferred to an institution under the jurisdiction of the other.
47
consents to such commitment.
47
Sec. 395. Section 3300 of the Welfare and Institutions
48
(b) Some association, society, or corporation embracing
48 Code is amended to read:
49 within its objects the purpose of caring for such minors, with
49
3300. There is hereby established an institution and
50 the consent of such association, society, or corporation.
50 branches, under the jurisdiction of the Department of Correc-
51
(c) The probation officer, to be boarded out or placed in
51 tions, to be known as the California Rehabilitation Center.
52 some suitable family home or suitable private institution, sub-
52 Branches may be established in existing institutions of the
- 119 -
- 118
1
SEC. 401. Section 4008 of the Welfare and Institutions
1 Department of Corrections or of the Department of the Youth
2
Code is amended to read:
2 Authority, in halfway houses as described in Section 3153,
3
4008. The department may expend money in accordance
3 and in such other facilities as may be made available on the
4
with law for the actual and necessary travel expenses of officers
4 grounds of other state institutions. Branches shall not be estab-
5
and employees of the department who are authorized to absent
5 lished on the grounds of such other state institutions in any
6 themselves from the State of California on official business.
6 manner which will result in the placement of patients of such
7
For the purposes of this section and of Sections 11030 and
7 institutions into inferior facilities. Branches placed in a facil-
8 11032 of the Government Code, the following constitutes,
8 ity of the Department of Mental Hygiene Health shall have
9 among other purposes, official business for said officers and
9 prior approval of the Director of Mental Hygiene Health.
10 employees for which such officers and employees shall be al-
10 The branches in the Department of the Youth Authority shall
11 lowed actual and necessary traveling expenses when incurred
11 be established on order of the Secretary of the Human Rela-
12 either in or out of this state upon approval of the Governor
12 tions Agency and shall be subject to the administrative direc-
13
and Director of Finance:
13 tion of the Director of the Youth Authority.
14
Attending meetings of any national association or organiza-
14
SEC. 396. Section 4000 of the Welfare and Institutions
15
tion having as its principal purpose the study of matters re-
15 Code is repealed.
16
lating to administration of institutions, and care and treatment
16
4000. There is in the Human Relations Agency a Depart-
17 of mentally ill, mentally retarded, or other institutional pa-
17
ment of Mental Hygiene.
18 tients; conferring with officers or employees of the United
18
SEC. 396.1. Section 4005 of the Welfare and Institutions
19 States or other states, relative to problems of institutional
19
Code is repealed.
20 care, treatment or management; and obtaining information
20
4005. The director shall be appointed by and hold office at
21 therefrom, which information would be useful in the conduct
21 the pleasure of the Governor. The director shall receive an an-
22 of institutional, psychiatric, medical, and similar activities of
22 nual salary as provided for by Chapter 6 of Part 1 of Division
23 the Department of Mental Hygiene Health,
23 3 of Title 2 of the Government Code. Before entering upon the
24
SEC. 402. Section 4011 of the Welfare and Institutions
24 duties of his office the director shall execute an official bond to
25
Code is amended to read:
25 the State of California in the penal sum of twenty five thou-
26
4011. Unless otherwise indicated in this code, the Depart-
26 sand dollars ($25,000), conditioned upon the faithful perform-
27
ment of Mental Hygiene Health has jurisdiction over the exe-
27 ance of his duties.
28 cution of the laws relating to the care, custody, and treatment
28
SEC. 397. Section 4001 of the Welfare and Institutions
29
of mentally disordered persons, mentally retarded persons and
29 Code is amended to read:
30
other incompetent persons, as provided in this code.
30
4001. As used in this part:
31
As used in this part, "establishment" and "institution" in-
31
(a) "Department" means the Department of Mental Hy-
32
clude every hospital, sanitarium, boarding home, or other place
32
giene Health
33 receiving or caring for any of the persons enumerated in this
33
(b) "Director" means the Director of Mental Hygiene
34 section.
34 Health
35
SEC. 403. Section 4012 of the Welfare and Institutions
35
SEC. 398. Section 4002 of the Welfare and Institutions
36 Code is amended to read
36
Code is amended to read:
37
4012. The Department of Mental Hygiene Health may:
37
4002. As used in this code and in every other statute here-
38
(a) Disseminate educational information relating to the
38
tofore, or hereafter enacted, the term terms "Department of
39 prevention, diagnosis and treatment of mental disorder, or
39
Institutions" or "Department of Mental Hygiene" shall be
40
mental retardation.
40
construed to refer to and mean the Department of Mental Hy-
41
(b) Upon request, advise all public officers, organizations
41 giene Health.
42
and agencies interested in the mental health of the people of
42
Sec. 399. Section 4003 of the Welfare and Institutions
43
the state.
43
Code is amended to read:
44
(c) Conduct such educational and related work as will tend
44
4003. As used in this code and in every other statute here-
45
to encourage the development of proper mental hygiene facili-
45
tofore, or hereafter enacted, the term terms "Director of In-
46
ties throughout the state.
46 stitutions" or "Director of Mental Hygiene" shall be con-
47
The department may organize, establish and maintain com-
47 strued to refer to and mean the Director of Mental Hygiene
48
munity mental hygiene clinics for the prevention, early diag-
48 Health
49 nosis and treatment of mental retardation or disorder. Such
49
SEC. 400. Section 4004 of the Welfare and Institutions
50 clinics may be maintained only for persons not requiring insti-
50
Code is amended to read:
51 tutional care, who voluntarily seek the aid of such clinics. Such
51
4004. The department is under the control of an executive
52 clinics may be maintained at the locations in the communities
52
officer known as the Director of Mental Hygiene Health.
- 120 -
- 121 -
1 of the state designated by the director, or at any institution
1 acquired by condemnation as lands for other public uses are
2 under the jurisdiction of the department designated by the
2
acquired.
3 director.
3
The terms of every purchase shall be approved by the De-
4
The department may establish such rules and regulations as
4 partment of Mental Hygiene Health No public street or road
5
are necessary to carry out the provisions of this section. This
5 for railway or other purposes, except for hospital use, shall
6 section does not authorize any form of compulsory medical or
6 be opened through the lands of any state hospital, unless the
7 physical examination, treatment, or control of any person.
7 Legislature by special enactment consents thereto.
8
SEC. 404. Section 4012.5 of the Welfare and Institutions
8
SEC. 408. Section 4105 of the Welfare and Institutions
9 Code is amended to read:
9 Code is amended to read:
10
4012.5. The Department of Mental Hygiene Health may
10
4105. Notwithstanding the provisions of Section 4104, the
11 obtain psychiatric, medical and other necessary aftercare serv-
11 Director of General Services, with the consent of the Depart-
12 ices for judicially committed patients.on leave of absence from
12 ment of Mental Hygiene Health, may grant rights-of-way for
13 state hospitals by contracting with any city, county, local
13 road purposes over and across state property comprising the
14 health district, or other public officer or agency, or with any
14 site of the Sonoma State Hospital, upon such terms and condi-
15 private person or agency to furnish such services to patients
15 tions as the Director of General Services may deem to be for
16 in or near the home community of the patient. Any city,
16 the best interests of the state.
17 county, local health district, or other public officer or agency
17
SEC. 409. Section 4107.1 of the Welfare and Institutions
18 authorized by law to provide mental health and aftercare
18 Code is amended to read:
19 services is authorized to enter such contracts.
19
4107.1. Notwithstanding the provisions of Section 4104, the
20
SEC. 405. Section 4100 of the Welfare and Institutions
20 Director of General Services, with the consent of the Depart-
21 Code is amended to read:
21 ment of Mental Hygiene Health, may grant to the County of
22
4100. The department has jurisdiction over the following
22 Napa a right-of-way for public road purposes over the north-
23 institutions:
23 erly portion of the Napa State Hospital lands for the widening
24
Agnews State Hospital.
24 of Imola Avenue between Penny Lane and Fourth Avenue,
25
Atascadero State Hospital.
25 upon such terms and conditions as the Director of General
26
Camarillo State Hospital.
26 Services may deem for the best interests of the state.
27
DeWitt State Hospital.
27
SEC. 410. Section 4108 of the Welfare and Institutions
28
Fairview State Hospital.
28 Code is amended to read:
29
Mendocino State Hospital.
29
4108. Notwithstanding Section 4104 of the Welfare and
30
Modesto State Hospital.
30 Institutions Code, the Director of General Services with the
31
Napa State Hospital.
31 consent of the Department of Mental Hygiene Health, may
32
Metropolitan State Hospital.
32 grant a right-of-way for road purposes to the City of Stock-
33
Pacific State Hospital.
33 ton over and along a portion of the Stockton State Hospital
34
Patton State Hospital.
34 property adjacent to Harding Way upon such terms and condi-
35
Porterville State Hospital.
35 tions and with such reservations and exceptions as in the
36
Sonoma State Hospital.
36 opinion of the Director of General Services may be for the best
37
Stockton State Hospital.
37 interests of the state.
38
The Langley Porter Neuropsychiatrie Institute.
38
The Director of General Services under the same conditions
39
Neuropsychiatrie Institute, U.C.L.A. Medical Center.
39 may grant a right-of-way for road purposes to the County of
40
SEC. 406. Section 4101 of the Welfare and Institutions
40 Orange over a portion of the Fairview State Hospital property
41 Code is amended to read:
41 adjacent to Harbor Boulevard.
42
4101. Except as otherwise specifically provided elsewhere
42
SEC. 411. Section 4109 of the Welfare and Institutions
43 in this code, all of the institutions under the jurisdiction of the
43 Code is amended to read:
44 Department of Mental Hygiene Health shall be governed by
44
4109. The Department of Mental Hygiene Health has gen-
45 uniform rule and regulation of the Department of Mental
45 eral control and direction of the property and concerns of each
46 Hygiene Health and all of the provisions of this chapter shall
46 state hospital. The department shall:
47 apply to the conduct and management of such institutions.
47
(a) Take care of the interests of the hospital, and see that
48
SEC. 407. Section 4104 of the Welfare and Institutions
48 its purpose and its bylaws, rules, and regulations are carried
49 Code is amended to read:
49 into effect, according to law.
50
4104. All lands necessary for the use of state hospitals
50
(b) Establish such bylaws, rules, and regulations as it deems
51 except those acquired by gift, devise, or purchase, shall be
51 necessary and expedient) for regulating the duties of officers
- 122 -
- 123 -
1 and employees of the hospital, and for its internal government,
2 discipline, and management.
1 actual trial or hearing, all costs of maintaining custody of
3
(c) Maintain an effective inspection of the hospital.
2 the patient and transporting him to and from the hospital, and
4
SEC. 412. Section 4110 of the Welfare and Institutions
3 costs of appeal, which statement shall be properly certified by
5
Code is amended to read:
4 a judge of the superior court of such county and sent to the
6
4110. The medical superintendent shall make triplicate
5 Department of Mental Hygiene Health for its approval. After
7 estimates, in minute detail, as approved by the Department
6 such approval, the department shall cause the amount of such
8 of Mental Hygiene Health, of such supplies, expenses, build-
7 costs to be paid out of the money appropriated for the support
9 ings, and improvements as are required for the best interests
8
of the state hospital, to the county treasurer of the county
10 of the hospital, and for the improvement thereof and of the
9
where such trial or hearing was had.
11 grounds and building connected therewith. These estimates
10
SEC. 415. Section 4118 of the Welfare and Institutions
12 shall be submitted to the Department of Mental Hygiene
11
Code is amended to read:
13 Health, which may revise them. The department shall certify
12
4118. The Department of Mental Hygiene Health shall co-
14 that it has carefully examined the estimates, and that the sup-
13
operate with the United States Bureau of Immigration in ar-
15 plies, expenses, buildings, and improvements contained in such
14
ranging for the deportation of all aliens who are confined in,
16 estimates, as approved by it, are required for the best interests
15
admitted, or committed to any state hospital.
17 of the hospital. The department shall thereupon proceed to
16
SEC. 416. Section 4119 of the Welfare and Institutions
18 purchase such supplies, make such expenditures, or conduct
17
Code is amended to read:
19
such improvements or buildings in accordance with law.
18
4119. The Department of Mental Hygiene Health shall in-
20
SEC. 413. Section 4111 of the Welfare and Institutions
19
vestigate and examine all nonresident persons judicially com-
21 Code is amended to read:
20
mitted to any state hospital and shall cause such persons, when
22
4111. The state hospitals may manufacture supplies and
21
found to be nonresidents as defined in this chapter, to be
23 materials necessary or required to be used in any of the state
22
promptly and humanely returned under proper supervision to
24 hospitals which can be economically manufactured therein. The
23
the states in which they have legal residence. The department
25 necessary cost and expense of providing for and conducting
24
may defer such action by reason of a patient's medical condi-
26 the manufacture of such supplies and materials shall be paid
25
tion.
27 in the same manner as other expenses of the hospitals. No
26
For the purpose of facilitating the prompt and humane
28 hosipital shall enter into or engage in manufacturing any sup-
27
return of such persons the Department of Mental Hygiene
29 plies or materials unless permission for the same is obtained
28
Health may enter into reciprocal agreements with the proper
30 from the Department of Mental Hygiene Health. If, at any
29
boards, commissions, or officers of other states or political sub-
31 time, it appears to the department that the manufacture of any
30
division thereof for the mutual exchange or return of such
32 article is not being or cannot be economically carried on at a
31
persons judicially committed to any state hospital in one state
33 state hospital, the department may suspend or stop the manu-
32
whose legal residence is in the other, and it may in such
34 facture of such article, and on receipt of a certified copy of
33
reciprocal agreements vary the period of residence as defined
35 the order directing the suspension or stopping of such manu-
34
in this chapter to meet the requirements or laws of the other
36 facture, by the medical superintendent, the hospital shall cease
35
states.
37 from manufacturing such article.
36
The department may give written permission for the return
38
SEC. 414. Section 4117 of the Welfare and Institutions
37
of any resident of this state confined in a public institution
39 Code is amended to read:
38
in another state, corresponding to any state hospital for the
40
4117. Whenever a trial is had of any person charged with
39
mentally disordered or to any state home for the mentally re-
41 escape or attempt to escape from a state hospital under the
40 tarded of this state. When a resident is returned to this state
42 provisions of Section 6330, whenever a hearing is had on the
41 pursuant to this chapter, he may be admitted as a voluntary
43 return of a writ of habeas corpus prosecuted by or on behalf
42 patient to any institution of the department as designated by
44 of any person confined in a state hospital except in a proceed-
43 the Director of Mental Hygiene Health If he is mentally dis-
45 ing to which Section 5110 applies, whenever a hearing is had
44 ordered and is a danger to himself or others or he is gravely
46 on a petition under Section 1026a of the Penal Code or Section
45 disabled, he may be detained and given care and services in
47 7361 of this code for the release of a person confined in a state
46 accordance with the provisions of Part 1 (commencing with
48 hospital, and whenever a person confined in a state hospital
47 Section 5000) of Division 5, or, if he is a person subject to
49 is tried for any crime committed therein, the county clerk of
48 judicial commitment, he may be committed in accordance with
50 the county in which such trial or hearing is had must make
49 the law.
51 out a statement of all costs incurred by the county for investi-
50
Sec. 417. Section 4122 of the Welfare and Institutions
52 gation and other preparation for the trial or hearing, and the
51 Code is amended to read:
124 -
125
1
4122. The Department of Mental Hygiene Health, when
1 He may, with the approval of the Director of Mental Hygiene
2
it deems it necessary, may, under conditions prescribed by the
2 Health, expend the moneys in any such fund for the educa-
3 director, transfer any patients of a state institution under its
3 tion or entertainment of the patients of the institution.
4
jurisdiction to another such institution. Transfers of patients
4
On and after December 1, 1970, the funds of a patient in a
5
of state hospitals shall be made in accordance with the pro-
5
state hospital or a patient on leave of absence from a state hos-
6
visions of Section 7300.
6 pital shall not be deposited in interest-bearing bank accounts
7
Transfer of a conservatee shall only be with the consent of
7 or invested and reinvested pursuant to this section except
8
the conservator.
8 when authorized by the patient; any interest or increment
9
The expense of any such transfer shall be paid from the
9 accruing on the funds of a patient on leave of absence from
10
moneys available by law for the support of the department or
10 a state hospital shall be deposited in his account; any in-
11
for the support of the institution from which the patient is
11 terest or increment accruing on the funds of a patient in a
12
transferred. Liability for the care, support, and maintenance
12 state hospital shall be deposited in his account, unless such
13
of a patient SO transferred in the institution to which he has
13 patient authorizes their deposit in the state hospital's "bene-
14
been transferred shall be the same as if he had originally
14 fit fund.'
15
been committed to such institution. The Department of Mental
15
Any state hospital charges for patient care against the funds
16
Hygiene Health shall present to the county, not more fre-
16 of a patient in the possession of a hospital administrator or
17
quently than monthly, a claim for the amount due the state
17 deposited pursuant to this section and which are used to pay
18
for care, support, and maintenance of any such patients and
18 for such care, shall be stated in an itemized bill to the patient.
19
which the county shall process and pay pursuant to the pro-
19
SEC. 421. Section 4126 of the Welfare and Institutions
20
visions of Chapter 4 (commencing with Section 29700) of
20 Code is amended to read:
21
Division 3 of Title 3 of the Government Code.
21
4126. Whenever any patient in any state institution sub-
22
SEC. 418. Section 4123 of the Welfare and Institutions
22 ject to the jurisdiction of the Department of Mental Hygiene
23
Code is amended to read:
23 Health dies, and any personal funds or property of such pa-
24
4123. The Director of Mental Hygiene Health may au-
24 tient remains in the hands of the superintendent thereof, and
25
thorize the transfer of persons from any institution within
25 no demand is made upon said superintendent by the owner
26
the department to any institution authorized by the federal
26 of the funds or property or his legally appointed representa-
27
government to receive such person.
27 tive all money and other personal property of such decedent
28
SEC. 419. Section 4124 of the Welfare and Institutions
28 remaining in the custody or possession of the superintendent
29
Code is amended to read:
29 thereof shall be held by him for a period of one year from
30
4124. The Department of Mental Hygiene Health shall
30 the date of death of the decedent, for the benefit of the heirs,
31
send to the Department of Veterans Affairs whenever re-
31 legatees, or successors in interest of such decedent.
32
quested a list of all persons who have been patients for six
32
Upon the expiration of said one-year period, any money
33
months or more in each state institution within the jurisdic-
33 remaining unclaimed in the custody or possession of the super-
34
tion of the department and who are known to have served
34 intendent shall be delivered by him to the State Treasurer for
35
in the armed forces of the United States.
35 deposit in the Unclaimed Property Fund under the provisions
36
SEC. 420. Section 4125 of the Welfare and Institutions
36 of Article 1 of Chapter 6 of Title 10 of Part 3 of the Code of
37
Code is amended to read:
37 Civil Procedure.
38
4125. The Director of Mental Hygiene Health may deposit
38
Upon the expiration of said one-year period, all personal
39
any funds of patients in the possession of each hospital admin-
39 property and documents of the decedent, other than cash, re-
40
istrator of a state hospital in trust with the Treasurer pur-
40 maining unclaimed in the custody or possession of the super-
41
suant to Section 16305.3, Government Code, or, subject to the
41 intendent, shall be disposed of as follows:
42
approval of the Department of General Services, may deposit
42
(a) All deeds, contracts or assignments shall be filed by the
43
such funds in interest-bearing bank accounts or invest and re-
43 superintendent with the public administrator of the county
invest such funds in any of the securities which are described
45 44 in Article 1 (commencing with Section 16430), Chapter 3,
44 of commitment of the decedent;
45
(b) All other personal property shall be sold by the super-
46
Part 2, Division 4, Title 2 of the Government Code and for the
46 intendent at public auction, or upon a sealed-bid basis, and
47
purposes of deposit or investment only may mingle the funds
47 the proceeds of the sale delivered by him to the State Treas-
48
of any patient with the funds of other patients. The hospital
48 urer in the same manner as is herein provided with respect to
administrator with the consent of the patient may deposit the
49 50 interest or increment on the funds of a patient in the state
49 unclaimed money of the decedent. If he deems it expedient
50 to do so, the superintendent may accumulate the property of
51 hospital in a special fund for each state hospital, to be desig-
51 several decedents and sell the property in such lots as he may
52 nated the 'Benefit Fund," of which he shall be the trustee.
- 126 -
- 127
1 determine, provided that he makes a determination as to each
2 decedent's share of the proceeds;
1 mine, provided that he makes a determination as to each pa-
3
(c) If any personal property of the decedent is not salable
2 tient's share of the proceeds;
4 at public auction, or upon a sealed-bid basis, or if it has no
3
If any tangible personal property covered by this section
5 intrinsic value, or if its value is not sufficient to justify the
4 is not salable at public auction or upon a sealed-bid basis, or
6 deposit of such property in the State Treasury, the superin-
5 if it has no intrinsic value, or if its value is not sufficient to
7 tendent may order it destroyed;
6 justify its retention by the superintendent to be offered for
8
(d) All other unclaimed personal property of the decedent
7 sale at public auction or upon a sealed-bid basis at a later date,
9 not disposed of as provided in paragraph (a), (b), or (c)
9 8 the superintendent may order it destroyed.
10 hereof, shall be delivered by the superintendent to the State
SEC. 423. Section 4133 of the Welfare and Institutions
11 Controller for deposit in the State Treasury under the pro-
10 Code is amended to read:
12 visions of Article 1 of Chapter 6 of Title 10 of Part 3 of the
11
4133. All day hospitals and rehabilitation centers main-
13 Code of Civil Procedure.
12 tained by the Department of Mental Hygiene Health shall be
14
SEC. 422. Section 4127 of the Welfare and Institutions
13 subject to the provisions of this code pertaining to the admis-
15 Code is amended to read:
14 sion, transfer, and discharge of patients at the state hospitals,
16
4127. Whenever any patient in any state institution sub-
15 except that all admissions to such facilities shall be subject to
17 ject to the jurisdiction of the Department of Mental Hygiene
16 the approval of the chief officer thereof. Charges for services
18 Health escapes, or is discharged or is on leave of absence from
17 rendered to patients at such facilities shall be determined pur-
19 such institution, and any personal funds or property of such
18 suant to Section 4025. The liability for such charges shall be
20 patient remains in the hands of the superintendent thereof,
19 governed by the provisions of Article 4 (commencing at Sec-
21 and no demand is made upon said superintendent by the owner
20 tion 7275) of Chapter 3 of Division 7 of this code, except at
22 of the funds or property or his legally appointed representa-
21 the hospitals for the mentally retarded such liability shall be
23 tive, all money and other intangible personal property of such
22 governed by the provisions of Article 4 (commencing with
24 patient, other than deeds, contracts, or assignments, remaining
23 Section 6715) of Chapter 3 of Part 2 of Division 6 of this
25 in the custody or possession of the superintendent thereof
24 code and Chapter 4 (commencing with Section 7500) of Divi-
26 shall be held by him for a period of seven years from the
25 sion 7 of this code.
27 date of such escape, discharge, or leave of absence, for the
26
SEC. 424. Section 4134 of the Welfare and Institutions
28 benefit of such patient or his successors in interest; provided,
27 Code is amended to read:
29 however, that unclaimed personal funds or property of minors
28
4134. The state mental hospitals under the jurisdiction of
30 on leave of absence may be exempted from the provisions of
29 the Department of Mental Hygiene Health shall comply with
31 this section during the period of their minority and for a
30 the provisions contained in the California Food Sanitation Act,
32 period of one year, thereafter, at the discretion of the Di-
31 Article 1 (commencing with Section 28280) of Chapter 7 of
33 rector of Mental Hygiene Health
32 Division 21 of the Health and Safety Code.
34
Upon the expiration of said seven-year period, any money
33
The state mental hospitals under the jurisdiction of the
35 and other intangible property, other than deeds, contracts, or
34 Department of Mental Hygiene Health shall also comply with
36 assignments, remaining unclaimed in the custody or possession
35 the provisions contained in the California Restaurant Act,
37 of the superintendent shall be subject to the provisions of
36 Chapter 11 (commencing with Section 28520) of Division 21
38 Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure.
37 of the Health and Safety Code.
39
Upon the expiration of one year from the date of such
38
Sanitation, health and hygiene standards which have been
40 escape, discharge, or parole:
39 adopted by a city, county, or city and county which are more
41
(a) All deeds, contracts or assignments shall be filed by
40 strict than those of the California Restaurant Act or the Cali-
42 the superintendent with the public administrator of the county
41 fornia Food Sanitation Act shall not be applicable to state
43 of commitment of such patient;
42 mental hospitals which are under the jurisdiction of the De-
44
(b) All tangible personal property other than money, re-
43 partment of Mental Hygiene Health
45 maining unclaimed in his custody or possession, shall be sold
44
SEC. 425. Section 4200 of the Welfare and Institutions
46 by the superintendent at public auction, or upon a sealed-bid
45 Code is amended to read:
47 basis, and the proceeds of the sale shall be held by him subject
46
4200. Each state hospital under the jurisdiction of the
48 to the provisions of Section 4125 of this code, and subject
47 Department of Mental Hygiene Health shall have a hospital
49 to the provisions of Chapter 7 of Title 10 of Part 3 of the Code
48 advisory board of five members appointed by the Governor
50 of Civil Procedure. If he deems it expedient to do so, the
49 from a list of nominations submitted to him by the boards of
51 superintendent may accumulate the property of several pa-
50 supervisors of counties within each hospital's designated serv-
52 tients and may sell the property in such lots as he may deter-
51 ice area. If a state hospital provides services for both the men-
52 tally disordered and the mentally retarded, there shall be a
- 128 -
- 129 -
1 separate advisory board for the program provided the mentally
1 governing civil service, of the medical director, medical pro-
2 disordered and a separate board for the program provided the
2 gram directors and hospital administrator for each state hos-
3 mentally retarded.
3 pital.
4
Within 60 days of the date upon which this act takes effect,
4
The director shall appoint a medical program director for
5
the Governor shall appoint the members of the board. Of the
5 each medical program at a state hospital. He shall appoint a
6 members first appointed, one shall be appointed for a term of
6 medical director for each state hospital. The medical director
7 one year, two for two years, and two for three years. There-
7 of a hospital may also be a medical program director.
8 after, each appointment shall be for the term of three years,
8
SEC. 429. Section 4306 of the Welfare and Institutions
9 except that an appointment to fill a vacancy shall be for the
9 Code is amended to read
10 unexpired term only. No person shall be appointed to serve
10
4306. The hospital administrator may submit to the Di-
11 more than a maximum of two terms as.a member of the board.
11 rector of Mental Hygiene Health any decision made by the
12
SEC. 426. Section 4202 of the Welfare and Institutions
12 hospital medical director which the hospital administrator
13
Code is amended to read:
13 believes involves a nonmedical matter.
14
4202. The advisory boards of the several state hospitals
14
SEC. 430. Section 4307 of the Welfare and Institutions
15
are advisory to the Department of Mental Hygiene Health
15
Code is amended to read
16
and the Legislature with power of visitation and advice with
16
4307. As often as a vacancy occurs in a hospital under the
17
respect to the conduct of the hospitals and coordination with
17 jurisdiction of the Director of the Department of Mental Hy-
18
community mental health programs or regional programs for
18 giene Health, he shall appoint, as provided in Section 4301,
19 the mentally retarded. The members of the boards shall serve
19 medical directors, program directors, and hospital adminis-
20 without compensation other than necessary expenses incurred
20 trators.
21 in the performance of duty. They shall organize and elect a
21
The hospital administrator shall be a well-educated person,
22 chairman. They shall meet at least once every three months
22 preferably with an advanced degree in business or hospital
23 and at such other times as they are called by the chairman,
23 administration. In addition, he shall have had at least three
24 by the medical director, by the head of the department or a
24 years' experience in business or hospital administration, or
25 majority of the board. No expenses shall be allowed except in
25 equivalent experience.
26 connection with meetings S0 held.
26
Medical directors shall be well-educated physicians who
27
The advisory board or boards of each state hospital shall
27 have passed, or shall pass, an examination touching their pro-
28 make a written report on its activities, findings and recommen-
28 fessional qualifications in all different branches of medicine
29 dations for transmission through the Department of Mental
29 and surgery, and particularly in diseases affecting the brain
30 Hygiene Health to each regular session of the Legislature. The
30
and nervous system.
31 department shall transmit the reports along with their sugges-
31
The standards for the professional qualifications of a pro-
32 tions, comments and recommendations concerning the reports
32 gram director shall be established by the Director of Mental
33
to the Legislature.
33 Hygiene Health for each type of program except that if the
34
SEC. 427. Section 4203 of the Welfare and Institutions
34 duties of the program director include the medical care of
35 Code is amended to read:
35 patients, the qualifications of the program director shall be the
36
4203. The Atascadero State Hospital ; the Langley Porter
36
same as medical director.
37 Neuropsychiatrie Institute and the Neuropsychiatrie Institute,
37
SEC. 431. Section 4313 of the Welfare and Institutions
38 U.C.L.A. Medical Center, shall each have an advisory board of
38
Code is amended to read
39 five persons appointed by the Governor, each of whom holds
39
4313. The Director of Mental Hygiene Health may set aside
40 office for the term of three years. Such boards The board shall
40 and designate any space on the grounds of any of the institu-
41 advise and consult with the department with respect to the
41 tions under the jurisdiction of the department that is not
42 conduct of the several facilities hospital. The members of the
42 needed for other authorized purposes, to enable such institution
43 board shall serve without compensation other than necessary
43 to establish and maintain therein a store or canteen for the
44 expenses incurred in attendance at meetings. Such boards shall
44 sale to or for the benefit of patients of the institution of can-
45 be concerned with those phases of operations which are the
45 dies, cigarettes, sundries and other articles. The stores shall be
46 responsibility ef the Department of Mental Hygiene. They
46 conducted subject to the rules and regulations of the depart-
47 shall not be concerned with reference to affairs of the uni-
47 ment and the rental, utility and service charges shall be fixed
48 versity.
48 as will reimburse the institutions for the cost thereof. The
49
SEC. 428. Section 4301 of the Welfare and Institutions
49 stores when conducted under the direction of a hospital admin-
50
Code is amended to read
50 istrator shall be operated on a nonprofit basis but any profits
51
4301. The Director of the Department of Mental Hygiene
52
Health may appoint and define the duties, subject to the laws
9-80068-C
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- 130
1 cussing the person's problem with the agency or individual to
1 derived shall be deposited in the benefit fund of each such
2 which the person has been referred, appraising the outcome of
2 institution as set forth in Section 4125.
3 referrals, and arranging for personal escort and transportation
3
Before any store is authorized or established, the Director
4 when necessary. Referral shall be considered complete when the
4 of Mental Hygiene Health shall first determine that such facil-
5 agency or individual to whom the person has been referred
5 ities are not being furnished adequately by private enterprise
6 accepts responsibility for providing the necessary services. All
6 in the community where it is proposed to locate the store, and
7 persons shall be advised of available precare services which
7 the director may hold public hearings or cause surveys to be
8 prevent initial recourse to hospital treatment or aftercare
8 made to determine the same.
9 services which support adjustment to community living fol-
9
The Director of Mental Hygiene Health may rent such space
10 lowing hospital treatment. Such services may be provided
10 to private individuals, for the maintenance of a store or can-
11 through county welfare departments, State Department of
11 teen at any of the said institutions upon such terms and subject
12 Social Welfare, Department of Mental Hygiene Health, Short-
12 to such regulations as are approved by the Department of
13 Doyle programs or other local agencies.
13 General Services, in accordance with the provisions of Section
Each agency or facility providing evaluation services shall
14 13109 of the Government Code. The terms imposed shall pro-
14 15 maintain a current and comprehensive file of all community
15 vide that the rental, utility and service charges to be paid
16 services, both public and private. Such files shall contain cur-
16 shall be fixed SO as to reimburse the institution for the cost
17 rent agreements with agencies or individuals accepting refer-
17 thereof and any additional charges required to be paid shall
18 rals, as well as appraisals of the results of past referrals;
18. be deposited in the benefit fund of such institution as set
19 forth in Section 4125.
20 19 of interviews within a brief period of time, conducted by quali-
(e) Crisis intervention" consists of an interview or series
20 SEC. 432. Section 5008 of the Welfare and Institutions
21 fied professionals, and designed to alleviate personal or family
21 Code is amended to read:
22 situations which present a serious and imminent threat to the
22
5008. Unless the context otherwise requires, the following
23 health or stability of the person or the family. The interview
23 definitions shall govern the construction of this part:
24 or interviews may be conducted in the home of the person or
24
(a) "Evaluation" consists of multidisciplinary professional
25 family, or on an inpatient or outpatient basis with such ther-
25 analyses of a person's medical, psychological, social, financial,
26 apy, or other services, as may be appropriate. Crisis interven-
26 and legal conditions as may appear to constitute* a problem.
27 tion may, as appropriate, include suicide prevention, psychi-
27 Persons providing evaluation services shall be properly quali-
28 atric, welfare, psychological, legal, or other social services;
28 fied professionals and may be full-time employees of an agency
(f) "Prepetition screening" is a screening of all petitions
29 providing evaluation services or may be part-time employees
29 30 for court-ordered evaluation as provided in Article 2 (com-
30 or may be employed on a contractual basis.
31 mencing with Section 5200) of Chapter 3, consisting of a pro-
31
(b) "Court-ordered evaluation" means an evaluation or-
32 fessional review of all petitions; an interview with the peti-
32 dered by a superior court pursuant to Article 2 (commencing
33 tioner and, whenever possible, the person alleged, as a result
33 with Section 5200) or by a court pursuant to Article 3 (com-
34 of mental disorder, to be a danger to others, or to himself, or
34 mencing with Section 5225) of Chapter 3 of this part;
35 to be gravely disabled, to assess the problem and explain the
35
(c) 'Intensive treatment" consists of such hospital and
36 petition; when indicated, efforts to persuade the person to
36 other services as may be indicated. Intensive treatment shall
37 receive, on a voluntary basis, comprehensive evaluation, crisis
37 be provided by properly qualified professionals and carried out
38 intervention, referral, and other services specified in this part.
38 in facilities qualifying for reimbursement under the California
40 39 by an agency appointed or designated by the governing body
(g) "Conservatorship investigation" means investigation
39 medical assistance program set forth in Chapter 7 (commenc-
40 ing with Section 14000) of Part 3 of Division 9 of this code, or
41 of cases in which conservatorship is recommended pursuant to
41 under Title XVIII of the Federal Social Security Act and
42 Chapter 3 (commencing with Section 5350) of this part;
42 regulations thereunder. Intensive treatment may be provided
43 in hospitals of the United States government by properly
43 44 5150), Article 2 (commencing with Section 5200), and Article
(h) For purposes of Article 1 (commencing with Section
44 qualified professionals. Nothing in this part shall be construed
45 4 (commencing with Section 5250) of Chapter 2 of this part,
45 to prohibit an intensive treatment facility from also providing
46 and for the purposes of Chapter 3 (commencing with Section in
46 72-hour treatment and evaluation;
47 5350) of this part, "gravely disabled" means a condition to
47
(d) "Referral" is referral of persons by each agency or
48 which a person, as a result of a mental disorder, is unable
48 facility providing intensive treatment or evaluation services
49 provide for his basic personal needs for food, clothing, or
49 to other agencies or individuals. The purpose of referral shall
50 shelter.
50 be to provide for continuity of care, and may include, but
For purposes of Article 3 (commencing with Section 5225)
51 need not be limited to, informing the person of available
51 52 and Article 4 (commencing with Section 5250), of Chapter 2
52 services, making appointments on the person's behalf, dis-
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- 133 -
1 of this part, and for the purposes of Chapter 3 (commencing
2 with Section 5350) of this part, "gravely disabled" means a
1 fessional person designated by the county may, upon reason-
3 condition in which a person, as a result of impairment by
2 able cause, take, or cause to be taken, the person into custody
4 chronic alcoholism, is unable to provide for his basic personal
3 and place him in a facility designated by the county and ap-
5 needs for food, clothing, or shelter.
4 proved by the State Department of Mental Hygiene Health
6
A person of any age may be "gravely disabled" under this
5 as a facility for 72-hour treatment and evaluation.
6
7 definition, but the term does not include mentally retarded
Such facility shall require an application in writing stating
8 persons;
7 the circumstances under which the person's condition was
9
(i) "Peace officer" means each of the persons specified in
8 called to the attention of the officer, member of the attending
10 Sections 830.1 and 830.2 of the Penal Code;
9 staff, or professional person, and stating that the officer, mem-
11
(j) "Postertification treatment" means an additional pe-
10 ber of the attending staff, or professional person believes as a
12 riod of treatment pursuant to Article 5 (commencing with
11 result of his personal observations that the person is, as a
13 Section 5300) of Chapter 3 of this part;
12 result of mental disorder, a danger to others, or to himself,
14
(k) "Court," unless otherwise specified, means a court of
13 or gravely disabled.
14
SEC. 435. Section 5170 of the Welfare and Institutions
15 record or a justice court.
SEC. 433. Section 5008.1 of the Welfare and Institutions
15 Code is amended to read:
16
16
17 Code is amended to read:
5170. When any person is a danger to others, or to him-
18
5008.1. As used in this division and in Division 4 (com-
17 self, or greatly disabled as a result of inebriation, a peace
19 mencing with Section 4000), Division 6 (commencing with
18 officer, member of the attending staff, as defined by regula-
20 Section 6000), Division 7 (commencing with Section 7000),
19 tion, of an evaluation facility designated by the county, or
21 and Division 8 (commencing with Section 8000), the term
20 other person designated by the county may, upon reasonable
22
"judicially committed" means all of the following:
21 cause, take, or cause to be taken, the person into custody and
23
(a) Persons who are mentally disordered sex offenders
22 place him in a facility designated by the county and approved
24 placed in a state hospital or institutional unit for observation
23 by the State Department of Mental Hygiene Health as a fa-
25
or committed to the Department of Mental Hygiene Health
24 cility for 72-hour treatment and evaluation of inebriates.
25
26 for an indeterminate period pursuant to Article 1 (commenc-
Such facility shall require an application in writing stating
26 the circumstances under which the person's condition was
27
ing with Section 6300) of Chapter 2 of Part 2 of Division 6.
27 called to the attention of the officer, member of the attending
28
(b) Persons who are narcotic drug addicts committed to the
29 Department of Mental Hygiene Health pursuant to Article 2
28 staff, or other designated person, and stating that the officer,
29 member of the attending staff, or other designated person be-
30 (commencing with Section 6350) of Chapter 2 of Part 2 of
31 Division 6.
30 lieves as a result of his personal observations that the person
31 is, as a result of inebriation, a danger to others, or to himself,
32
(c) Persons who are habit-forming drug addicts committed
33 to the Department of Mental Hygiene Health pursuant to
32 or gravely disabled.
33
SEC. 436. Section 5174 of the Welfare and Institutions
34 Article 3 (commencing with Section 6400) of Chapter 2 of
35 Part 2 of Division 6.
34 Code is amended to read:
35
5174. It is the intent of the Legislature that facilities for
36
(d) Persons who are mentally abnormal sex offenders com-
36 72-hour treatment and evaluation of inebriates be subject to
37 mitted to the Department of Mental Hygiene Health pursuant
37 state funding under Part 2 (commencing with Section 5600)
38 to Article 4 (commencing with Section 6450) of Chapter 2 of
38 of this division only if they primarily provide medical services
39
Part 2 of Division 6.
39 and would normally be considered an integral part of a com-
40
(e) Mentally retarded persons who are admitted to a state
40 munity health program. Services provided under this act shall
41
hospital upon application or who are committed to the Depart-
41 not be included in Priority 1 funding under the Short-Doyle
42 ment of Mental Hygiene Health by court order pursuant to
42 program. While facilities previously receiving funds from
43 Article 5 (commencing with Section 6500) of Chapter 2 of
43 other sources may be designated as facilities for 72-hour treat-
44 Part 2 of Division 6.
44 ment and evaluation of inebriates, it is intended that they con-
45
(f) Persons committed to the Department of Mental Hy-
45 tinue such previous funding. McAteer funds or facilities shall
46
giene Health or a state hospital pursuant to the Penal Code.
46 not be utilized for the purposes of the 72-hour involuntary
47
SEC. 434. Section 5150 of the Welfare and Institutions
47 holding program as outlined in this chapter.
48 Code is amended to read:
48
To this end, no facility for 72-hour treatment and evaluation
49
5150. When any person is a danger to others, or to himself,
49 of inebriates shall be eligible for funding under Part 2 (com-
50
or gravely disabled as a result of mental disorder, a peace offi-
50 mencing with Section 5600) of this division until approved by
51
cer, member of the attending staff, as defined by regulation, of
51 the Director of Mental Hygiene Health.
52 an evaluation facility designated by the county, or other pro-
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- 134 -
1
SEC. 440. Section 5304 of the Welfare and Institutions
1
SEC. 437. Section 5202 of the Welfare and Institutions
2
Code is amended to read
2
Code is amended to read:
3
5304. If the court finds that the person named in the peti-
3
5202. The person or agency designated by the county shall
4 tion for postcertification treatment has (a) threatened, at-
4 prepare the petition and all other forms required in the pro-
5 tempted, or actually inflicted physical harm upon the person
5 ceeding, and shall be responsible for filing the petition. Before
6 of another after having been taken into custody for evaluation
6 filing the petition, the person or agency designated by the
7 and treatment, and, as a result of mental disorder, presents
7 county shall request the person or agency designated by the
8 an imminent threat of substantial physical harm to others, or
8 county and approved by the State Department of Mental
9 (b) had attempted or inflicted physical harm upon the person
9 Hygiene Health to provide prepetition screening to determine
10 of another, that act having resulted in his being taken into
10 whether there is probable cause to believe the allegations.
11 custody and who, as a result of mental disorder, presents
11 The screening shall also determine whether the person will
12 an imminent threat of substantial physical harm to others, it
12 agree voluntarily to receive crisis intervention services or an
13 shall remand him to the custody of the Department of Mental
13 evaluation in his own home or in a facility designated by the
14 Hygiene Health or to a facility designated by the county of
14 county and approved by the State Department of Mental Hy-
15 residence for a further period of intensive treatment not to
15 giene Health. Following prepetition screening, the person or
16 exceed 90 days from the date of court judgment. Said person
16 agency designated by the county shall file the petition if satis-
17 shall be released from involuntary treatment at the expiration
17 fied that there is probable cause to believe that the person is,
18 of 90 days unless the superintendent or professional person in
18 as a result of mental disorder, a danger to others, or to him-
19 charge of the hospital in which he is confined files a new peti-
19 self, or gravely disabled, and that the person will not volun-
20 tion for postcertification treatment on the grounds that he has
20 tarily receive evaluation or crisis intervention.
21 threatened, attempted, or actually inflicted physical harm to
21
If the petition is filed, it shall be accompanied by a report
22 another during his period of postertification treatment, and he
22 containing the findings of the person or agency designated by
23 is a person who, by reason of mental disorder, presents an im-
23 the county to provide prepetition screening. The prepetition
24 minent threat of substantial physical harm to others. Such
24 screening report submitted to the superior court shall be con-
25 new petition for posteertification treatment shall be filed in
25 fidential and shall be subject to the provisions of Section 5328.
26 the superior court wherein the original petition for postcerti-
26
SEC. 438. Section 5253 of the Welfare and Institutions
27 fication treatment was filed.
27 Code is amended to read:
28
The county from which the person is remanded shall bear
28
5253. Copies of the certification notice, as set forth in Sec-
29
any transportation costs incurred pursuant to this section.
29 tion 5252, shall be filed with the court and personally de-
30
SEC. 441. Section 5325 of the Welfare and Institutions
30 livered to the person certified. A copy shall also be sent to the
31
Code is amended to read
31 person's attorney, to the district attorney, to the public de-
32
5325. Each person involuntarily detained for evaluation
32 fender, if any, to the facility providing intensive treatment,
33
or treatment under provisions of this part shall have the fol-
33 and to the State Department of Mental Hygiene Health
34 lowing rights, a list of which shall be prominently posted in
34
The person certified shall also be asked to designate any
35 English and Spanish in all facilities providing such services
35 person whom he wishes informed regarding his certification.
36 and otherwise brought to his attention by such additional
36 If he is incapable of making such a designation at the time
37 means as the Director of Mental Hygiene Health may desig-
37 of certification, he shall be asked to designate such person as
38 nate by regulation:
38 soon as he is capable.
39
(a) To wear his own clothes; to keep and use his own per-
39
SEC. 439. Section 5263 of the Welfare and Institutions
40
sonal possessions including his toilet articles; and to keep and
40 Code is amended to read
41 be allowed to spend a reasonable sum of his own money for
41
5263. Copies of the second notice of certification for immi-
42 canteen expenses and small purchases.
42 nently suicidal persons, as set forth in Section 5262, shall be
43
(b) To have access to individual storage space for his pri-
43 filed with the court and personally delivered to the person cer-
44 vate use.
44 tified. A copy shall also be sent to the person's attorney, to the
45
(c) To see visitors each day.
45 district attorney, to the public defender, if any, to the facility
46
(d) To have reasonable access to telephones, both to make
46 providing intensive treatment, and to the State Department of
47
and receive confidential calls.
47 Mental Hygiene Health.
48
(e) To have ready access to letter writing materials, in-
48
The person certified shall also be asked to designate any per-
49
cluding stamps, and to mail and receive unopened correspond-
49 son whom he wishes informed regarding his certification. If
50
ence.
50 he is incapable of making such a designation at the time of
51 certification, he shall be asked to designate such person as soon
52
as he is capable.
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1
(f) To refuse shock treatment.
1
2
(g) To refuse lobotomy.
2
Date
3
(h) Other rights, as specified by regulation.
3
As a condition of doing research concerning persons who
4
SEC. 442. Section 5326 of the Welfare and Institutions
4 have received services from
(fill in the facility,
5 Code is amended to read:
5 agency or person), I,
,
agree not to divulge any in-
6
5326. A person's rights under Section 5325 may be denied
6 formation obtained in the course of such research to unauthor-
7 for good cause only by the professional person in charge of the
7 ized persons, and not to publish or otherwise make public any
8 facility or his designee. Denial of an involuntarily detained
8 information regarding persons who have received services such
9 person's rights shall in all cases be entered into the person's
9 that the person who received services is identifiable.
10 treatment record.
10
I recognize that unauthorized release of confidential infor-
11
Information pertaining to a denial of rights contained in the
11 mation may make me subject to a civil action under provisions
12 person's treatment record shall be made available, on request,
12 of the Welfare and Institutions Code.
13 to the person, his attorney, his conservator or guardian, or the
13
14 State Department of Mental Hygiene Health, Members of the
14
Signed
15 State Legislature, or a member of a county board of super-
15
(f) To the courts, as necessary to the administration of
16 visors.
16 justice.
17
SEC. 443. Section 5328 of the Welfare and Institutions
17
(g) To governmental law enforcement agencies as needed
18 Code is amended to read:
18 for the protection of federal and state elective constitutional
19
5328. All information and records obtained in the course
19 officers and their families.
20 of providing services under Division 5 (commencing with
20
SEC. 444. Section 5331 of the Welfare and Institutions
21 Section 5000), Division 6 (commencing with Section 6000),
21 Code is amended to read:
22 or Division 7 (commencing with Section 7000) to either volun-
22
5331. No person may be presumed to be incompetent be-
23 tary or involuntary recipients of services shall be confidential.
23 cause he or she has been evaluated or treated for mental dis-
24 Information and records may be disclosed only:
24 order or chronic alcoholism, regardless of whether such eval-
25
(a) In communications between qualified professional per-
25 uation or treatment was voluntarily or involuntarily received.
26 sons in the provision of services or appropriate referrals, or
26 Any person who leaves a public or private mental health fa-
27 in the course of conservatorship proceedings;
27 cility following evaluation or treatment for mental disorder
28
(b) When the physician in charge of the patient, with the
28 or chronic alcoholism, regardless of whether that evaluation or
29 approval of the patient, designates persons to whom informa-
29 treatment was voluntarily or involuntarily received, shall be
30 tion or records may be released, except that nothing in this
30 given a statement of California law as stated in this paragraph.
31 article shall be construed to compel a physician, psychologist,
31
Any person who has been, or is, discharged from a state
32 social worker, nurse, attorney, or other professional person to
32 hospital and received voluntary or involuntary treatment under
33 reveal information which has been given to him in confidence
33 former provisions of this code relating to inebriates or the
34 by members of a patient's family. No information or record
34 mentally ill shall, upon request to the state hospital superin-
35 may be released under this subdivision after six months have
35 tendent or the Department of Mental Hygiene Health, be given
36 elapsed since the completion of the record;
36 a statement of California law as stated in this section unless the
37
(c) To the extent necessary to make claims on behalf of a
37 person is found to be incompetent under proceedings for con-
38 recipient for aid, insurance, or medical assistance to which he
38 servatorship or guardianship.
39 may be entitled;
39
SEC. 445. Section 5358 of the Welfare and Institutions
40
(d) If the recipient of services is a ward or conservatee,
40 Code is amended to read:
41 and his guardian or conservator designates, in writing, persons
41
5358. A conservator appointed pursuant to this chapter
42 to whom records or information may be disclosed, except that
42 shall have the right, if specified in the court order, to place
43 nothing in this article shall be construed to compel a physician,
43 his conservatee in a medical, psychiatric, nursing, or other
44 psychologist, social worker, nurse, attorney, or other profes-
44 state-licensed facility, or a state hospital, county hospital, hos-
45 sional person to reveal information which has been given to
45 pital operated by the Regents of the University of California,
46 him in confidence by members of a patient's family;
46 a United States government hospital, or other nonmedical fa-
47
(e) For research, provided that the Director of Mental Hy-
47 cility approved by the State Department of Social Welfare
48 giene Health designates by regulation, rules for the conduct
48 Health or an agency accredited by the State Department of
49 of research. Such rules shall include, but need not be limited
49 Social Welfare Health ; or in addition to any of the foregoing,
50 to, the requirement that all researchers must sign an oath of
50 in cases of chronic alcoholism, to a county alcoholic treatment
51 confidentiality as follows:
51 center. If the conservatee is not to be placed in his own home
52 or the home of a relative, first priority shall be to placement in
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- 139 -
1
a suitable facility as close as possible to his home or the home
2
of a relative. Before doing so, the conservator shall inform the
1
No person shall receive treatment in a state hospital pur-
3
officer providing conservatorship investigation and shall, if re-
2 suant to a contract executed under this section unless the
4
quested by the officer, submit his conservatee to an evaluation
3 county, or combination of counties has utilized, insofar as prac-
5
pursuant to this part to determine whether such action is
4 ticable, the existing facilities in the county which are subject
6
necessary.
5 to reimbursement under the Short-Doyle Act.
7
SEC. 446. Section 5366 of the Welfare and Institutions
6
Contracts between the Department of Mental Hygiene
8 Code is amended to read:
7 Health and counties shall provide that the amount paid for
9
5366. On or before June 30, 1970, the medical director of
8 services by counties shall not exceed the actual cost of services.
10
each state hospital for the mentally disordered shall compile a
9 Funds received by the Department of Mental Hygiene Health
11
roster of those mentally disordered or chronic alcoholic patients
10 under such contract shall constitute a reimbursement to the
12 within the institution who are gravely disabled. The roster
11 appropriation from which such cost is expendable and may be
13 shall indicate the county from which each such patient was
12 used for the purposes of the appropriation.
14 admitted to the hospital or, if the hospital records indicate that
13
SEC. 449. Section 5601 of the Welfare and Institutions
15 the county of residence of the patient is a different county, the
14 Code is amended to read
16
county of residence. The officer providing conservatorship in-
15
5601. As used in this part:
17 vestigation for each county shall be given a copy of the names
16
(a) Governing body" means the county board of super-
18 and pertinent records of the patients from that county and
17 visors or boards of supervisors in the case of counties acting
19
shall investigate the need for conservatorship for such patients
18 jointly; and in the case of a city, the city council or city coun-
20
as provided in this chapter.
19 cils acting jointly.
21
Each state hospital and the Department of Mental Hygiene
20
(b) "Conference" means the California Conference of Local
22 Health shall make their records concerning such patients avail-
21 Mental Health Directors as established under Section 5757.
23 able to the officer providing conservatorship investigation.
22
(c) "County Short-Doyle Plan" means the mental health
24
SEC. 447. Section 5400 of the Welfare and Institutions
23 plan which must be adopted by each county, or combination of
25 Code is amended to read:
24 counties acting jointly, in accordance with Section 5650.
26
5400. The Director of Mental Hygiene Health shall admin-
25
(d) "Part 1" refers to the Lanterman-Petris-Short Act
27
ister this part and shall adopt rules, regulations and standards
26
(Part 1 (commencing with Section 5000) of this division).
28 as necessary. In developing rules, regulations, and standards,
27
(e) "Director of Mental Hygiene Health " means the Di-
29 the Director of Mental Hygiene Health shall consult with the
28 rector of the Department of Mental Hygiene Health.
30 California Conference of Local Mental Health Directors, the
29
SEC. 450. Section 5602 of the Welfare and Institutions
31 Citizens Advisory Committee, and the office of the Attorney
30 Code is amended to read:
32 General. Adoption of such standards, rules and regulations
31
5602. By July 1, 1969, the board of supervisors of every
33 shall require approval by the California Conference of Local
32 county, or the boards of supervisors of counties acting under
34 Mental Health Directors by majority vote of those present at
33 the joint powers provisions of Article 1 (commencing with Sec-
35 an official session.
34 tion 6500) of Chapter 5 of Division 7 of Title 1 of the Govern-
36
Wherever feasible and appropriate, rules, regulations and
35 ment Code shall establish a community mental health service to
37 standards adopted under this part shall correspond to com-
36 cover the entire area of the county or counties. Services to men-
38 parable rules, regulations, and standards adopted under the
37 tally disordered persons in the county or counties by county
39 Short-Doyle Act. Such corresponding rules, regulations, and
38 agencies and county institutions and by the hospitals of the
40 standards shall include qualifications for professional person-
39 State Department of Mental Hygiene Health shall be pro-
41 nel.
40 vided in accordance with the County Short-Doyle Plan Serv-
42
Regulations adopted pursuant to this part may provide
41 ices of the State Department of Mental Hygiene Health shall
43 standards for services for chronic alcoholics which differ from
42 be provided to the county, or counties acting jointly, by con-
44 the standards for services for the mentally disordered.
43 tract or, if both parties agree, the state facilities may, in whole
45
SEC. 448. Section 5401 of the Welfare and Institutions
44 or in part, be leased, rented or sold to the county or counties
46 Code is amended to read:
45 for county operation, subject to such terms and conditions as
47
5401. The Department of Mental Hygiene Health may con-
46 are approved by the Director of General Services.
48 tract with a county or combination of counties acting jointly, to
47
SEC. 451. Section 5607 of the Welfare and Institutions
49 provide the evaluation, referral, intensive treatment, prepeti-
48 Code is amended to read:
50 tion screening, crisis intervention, and other services described
49
5607. The local mental health services shall be administered
51 in this part.
50 by a local director of mental health services to be appointed
51 by the governing body. He shall meet such standards of train-
52 ing and experience as the State Department of Mental Hygiene
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- 141 -
1 Health, by regulation, shall require. Applicants for such posi-
1
The State Department of Mental Hygiene Health shall pro-
2 tions need not be residents of the city, county, or state, and
2 vide the counties, to the extent possible, the information upon
3 may be employed on a full- or part-time basis. If a county is
3 which to base this estimate.
4 unable to secure the services of a person who meets the stand-
4
SEC. 455. Section 5661 of the Welfare and Institutions
5 ards of the State Department of Mental Hygiene Health, the
5 Code is amended to read:
6 county may select an alternate administrator subject to the
6
5661. All departments of state government and all local
7 approval of the Director of Mental Hygiene Health.
7 public agencies shall cooperate with county officials to assist
8
SEC. 452. Section 5609 of the Welfare and Institutions
8 them in mental health planning. The State Department of
9 Code is amended to read:
9 Mental Hygiene Health shall, upon request and with available
10
5609. Subject to the approval of the Director of Mental
10 staff, provide consultation services to the local mental health
11 Hygiene Health any community mental health service may by
11 directors, local governing bodies and local mental health ad-
12 contract furnish community mental health services to any
12 visory boards.
13 other county.
13 SEC. 456. Section 5662 of the Welfare and Institutions
14
SEC. 453. Section 5650 of the Welfare and Institutions
14 Code is amended to read:
15 Code is amended to read:
15
5662. The County Short-Doyle Plan shall be submitted an-
16
5650. No later than the first day of the month following
16 nually to the Director of Mental Hygiene Health, in the form,
17 the month in which statutes enacted at the 1968 Regular Ses-
17 and according to procedures specified by the director.
18 sion of the Legislature are effective and on or before October
18 SEC. 457. Section 5701 of the Welfare and Institutions
19 1 of each year thereafter, the board of supervisors of each
19 Code is amended to read:
20 county, or boards of supervisors of counties acting jointly,
20
5701. There shall be a single state appropriation for serv-
21 shall adopt, and submit to the Director of Mental Hygiene
21 ices for mentally disordered persons. The single appropriation
22 Health, an annual County Short-Doyle Plan for the next
22 shall be made to the State Department of Mental Hygiene
23 fiscal year for mental health services in the county or counties.
23 Health for mental health services and shall consolidate appro-
24 The purpose of a county plan shall be to provide the basis
24 priations previously made to the department for mental health
25 for reimbursement pursuant to the provisions of this division
25 services under the Short-Doyle Act, and for the operation of
26 and to coordinate services as specified in this chapter in such
26 the state hospitals for the mentally disordered, and other di-
27 a manner as to avoid duplication, fragmentation of services,
27 rect services of the department.
28 and unnecessary expenditures. To achieve this purpose, a
28
SEC. 458. Section 5702 of the Welfare and Institutions
29 County Short-Doyle Plan shall provide for the most appro-
29 Code is amended to read:
30 priate and economical use of all existing public and private
30
5702. The department shall continue to receive separate
31 agencies and personnel. A County Short-Doyle Plan must in-
31 appropriations for central office functions, neuropsychiatrie
32 clude the fullest possible and most appropriate participation
32 institutes, research and training functions, and state hospital
33 by existing city Short-Doyle programs, state hospitals and
33 services for the mentally retarded and the judicially com-
34 clinics, public and private general and psychiatric hospitals,
34 mitted.
35 city, county, and state health and welfare agencies, public
35
SEC. 459. Section 5702.1 of the Welfare and Institutions
36 guardians, mental health counselors, alcoholism programs, pro-
36 Code is amended to read:
37 bation departments, physicians, psychologists, social workers,
37
5702.1. The Secretary of the Human Relations Agency, in
38 public health nurses, psychiatric technicians, and all such other
38 the same manner and subject to the same conditions as other
39 public and private agencies and personnel as are required to,
39 state agencies, shall submit a program budget annually to the
40 or may agree to, participate in the County Short-Doyle Plan.
40 Department of Finance, including not only expenditures pro-
41
SEC. 454. Section 5654 of the Welfare and Institutions
41 posed to be made under this division, but also expenditures
42 Code is amended to read:
42 proposed to be made under any related program or by any
43
5654. The county Short-Doyle plan shall also include the
43 other state agency, designed to provide services incidental to
44 estimated number of county residents who will reside in the
44 the functions to which this division relates. The secretary may
45 state hospital on July 1, 1969, the estimated cost of state hos-
45 require state departments to contract with it for services to
46 pital care for such patients during the fiscal year and all
46 carry out the provisions of this division.
47 sources of revenue for the care of such patients. This section
47
Notwithstanding any other provision of law, authorized
48 shall not apply to mentally retarded patients or to persons
48 services to eligible persons, as defined in this division, provided
49 committed as mentally disordered sex offenders, narcotic drug
49 by all state agencies, including, but not limited to, the Depart-
50 addicts, habit-forming drug addicts, mentally abnormal sex
50 ments of Education, Mental Hygiene, Public Health, Rehabili-
51 offenders, juvenile court wards, and mentally disordered crim-
51 tation and Social Welfare shall, to the fullest extent permitted
52 inal offenders.
52 by federal law, by contract or otherwise, be made available
- 142 -
- 143 -
1 upon request of the director, and the approval of the secretary,
1 ings occurring during the year in services provided under the
2 to the department for services to eligible persons.
2 County Short-Doyle Plans. Reallocations shall be to counties
3
The secretary shall consult with the departments involved
3 desiring to provide services supplementary to services speci-
4
in developing the program budget.
4 fied in approved County Short-Doyle Plans in accordance with
5
SEC. 460. Section 5703 of the Welfare and Institutions
5 county and state mental health priorities.
6
Code is amended to read:
6
SEC. 463. Section 5712 of the Welfare and Institutions
7
5703. If after the review specified in Section 5752, the
7
Code is amended to read:
8 County Short-Doyle Plan is approved, the Director of Mental
8
5712. Expenditures incurred for the items specified in Sec-
9 Hygiene Health shall determine the amount of state funds
9 tion 5704, shall, in accordance with the regulations of the
10 available for each county or city for specific services under
10 Director of Mental Hygicne Health, be subject to payment
11 the approved County Short-Doyle Plan, from the funds appro-
11 whether incurred by direct or joint operation of such facilities
12
priated for mental health services.
12 and services, by provisions therefor through contract, or by
13
SEC. 461. Section 5704 of the Welfare and Institutions
13 other arrangement pursuant to the provisions of this division.
14
Code is amended to read:
14 The Director of Mental Hygiene Health may make investiga-
15
5704. When allocating funds for each county, the director
15 tions and audits of such expenditures as he may deem neces-
16 shall use the following priorities:
16 sary.
17
(1) County Short-Doyle Plans shall be funded to provide
17
SEC. 464. Section 5714.1 of the Welfare and Institutions
18 the approved required services for involuntary patients speci-
18
Code is amended to read:
19 fied in Section 5652 and for diagnostic screening of voluntary
19
5714.1. Claims for state reimbursement shall be made in
20 patients admitted to state hospitals in accordance with Section
20
such form and in such manner as the Director of Mental Hy-
21
5655.
21 giene Health shall determine. When certified by the Director
22
(2) County Short-Doyle Plans shall be funded to provide
22 of Mental Hygiene Health, claims for state reimbursements
23
for the maintenance of Short-Doyle services in addition to
23 shall be presented to the State Controller for payment. The
24 those funded under subdivision (1) of this section established
24 State Controller shall make such audit as he deems necessary,
25 prior to July 1, 1969, as specified in Section 5653 and to pro-
25 before or after disbursement, for the purpose of determining
26
vide for the care of state hospital patients admitted prior to
26 that such reimbursement is for expenditures made for the pur-
27
July 1, 1969, as specified in Section 5654.
27
poses and under the conditions authorized under this part.
28
(3) County Short-Doyle Plans shall be funded, within the
28
Each claim for state reimbursement shall be payable from
29
limit of available funds, to expand existing programs; to pro-
29 the appropriation made for the fiscal year in which the ex-
30
vide service to voluntary patients entering the state hospital
30 penses upon which the claim is based are incurred, except that
31
after July 1, 1969, as specified in Section 5655, or to establish
31 each claim for reimbursement for the last three-month period
32 new programs as specified in Section 5656 in accordance with
32 of the 1969-1970 fiscal year, for the last two-month period of
33 priorities determined by the county as specified in Section 5657.
33 the 1970-1971 fiscal year, and for the last one-month period of
34
If in any fiscal year the approved appropriation is insuffi-
34 the 1971-1972 fiscal year, shall be payable from the appro-
35
cient to finance the programs and services specified by this sub-
35 priation made for the fiscal year next succeeding that in which
36
division, the Director of Mental Hygiene Health shall have the
36 the expenses upon which the claim is based are incurred.
37 authority to determine the amount of state funds available to
37
SEC. 465. Section 5715 of the Welfare and Institutions
38 each county for such purposes in accordance with the priori-
38 Code is amended to read
39
ties in both the state and county plans.
39
5715. Expenditures subject to payment shall include ex-
40
SEC. 462. Section 5708 of the Welfare and Institutions
40 penditures for the items specified in Section 5704; salaries
41
Code is amended to read
41 of personnel; approved facilities and services provided through
42
5708. During the course of each fiscal year, a county may
42 contract; operation, maintenance and service costs; deprecia-
43
reallocate funds initially allocated for the approved County
43 tion of county facilities as established in the state's uniform
44 Short-Doyle Plan between state-operated and other approved
44 accounting manual, disregarding depreciation on such a fa-
45 services with the approval of the Director of Mental Hygiene
45 cility to the extent it was financed by state funds under this
46 Health
46 part; expenses incurred under this act by members of the
47
The director shall approve such requests for reallocation
47 Conference of Local Mental Health Directors for attendance
48
if the services to be provided by a county requesting the
48 at regular meetings of such conferences; and such other ex-
49 reallocation are in accordance with the priorities in the County
49 penditures as may be approved by the Director of Mental
50
Short-Doyle and state plans.
50 Hygiene Health. It shall not include expenditures for initial
51
The Director of Mental Hygiene Health may reallocate
51 capital improvements; the purchase or construction of build-
52
among County Short-Doyle Plans the state share of any sav-
52 ings except for such equipment items and remodeling expense
- 144 -
- 145 -
1 as may be provided for in regulation of the Department of
1 other mental health agencies. Such patient fee schedules shall
2 Mental Hygiene Health ; compensation to members of a local
2
not be used after the development and implementation of the
3 mental health advisory board (except actual and necessary
3
cost reporting system provided for in this section or after De-
4 expenses incurred in the performance of official duties) ; or
4
cember 31, 1971, whichever occurs first.
5 expenditures for a purpose for which state reimbursement is
5
SEC. 467. Section 5750 of the Welfare and Institutions
6 claimed under any other provision of law.
6
Code is amended to read:
7
SEC. 466. Section 5718 of the Welfare and Institutions
7
5750. The State Department of Mental Hygiene Health
8 Code is amended to read:
8 shall administer this part and shall adopt standards for ap-
9
5718. Charges shall be made for services rendered to each
9
proval of mental health services, and rules and regulations
10 person under a county Short-Doyle plan in accordance with
10
necessary thereto provided, however, that such standards, rules
11 this section. Charges for the care and treatment of each such
11 and regulations shall be adopted only after consultation with
12 patient receiving service under a county Short-Doyle plan
12 both the Citizens Advisory Council and the California Confer-
13 shall not exceed the actual cost thereof as determined by the
13 ence of Local Mental Health Directors. Adoption of such
14 Director of Mental Hygiene Health in accordance with stand-
14 standards, rules and regulations shall require approval by the
15 ard accounting practices. The director is not prohibited from
15
California Conference of Local Mental Health Directors by
16 including the amount of expenditures for capital outlay or
16
majority vote of those present at an official session.
17 the interest thereon, or both, in his determination of actual
17
If the conference refuses or fails to approve standards, rules,
18
cost. The responsibility of a patient, his estate, or his responsi-
18
or regulations submitted to it by the department for its ap-
19 ble relatives to pay such charges and the powers of the direc-
19 proval, the department may submit such standards, rules, or
20 tor with respect thereto shall be determined in accordance with
20 regulations to the conference at its next meeting, and if the
21 Article 4 (commencing with Section 7275) of Chapter 3 of
21 conference again refuses to approve them, the matter shall be
22 Division 7.
22
referred for decision to a committee composed of the Secre-
23
The director may delegate to each county all or part of the
23
tary of the Human Relations Agency, the Director of Mental
24
responsibility for determining the liability of patients rendered
24
Hygiene Health, the President of the California Conference
25 services under a county Short-Doyte plan other than in a
25
of Local Mental Health Directors, the Chairman of the Citizens
26 state hospital, and of their estates or responsible relatives to
26
Advisory Council, and a member designated by the State Ad-
27
pay such charges, and all or part of the responsibility for
27
visory Health Planning Council.
28 collecting such charges. If such responsibility is delegated by
28
SEC. 468. Section 5751 of the Welfare and Institutions
29 the director, he shall establish and maintain the policies and
29
Code is amended to read:
30 procedures for making such determinations and collections, and
30
5751. The State Director of Mental Hygiene Health, after
31 each county to which the responsibility is delegated shall com-
31
approval by the California Conference of Local Mental Health
32 ply with such policy and procedures.
32 Directors, shall by regulation establish standards of education
33
Each county shall furnish the Director of Mental Hygiene
33
and experience for professional and technical personnel em-
34 Health with such information as he shall require to enable him
34
ployed in mental health services and for the organization and
35 to establish and maintain a cost reporting system of the costs
35
operation of mental health services. Regulations pertaining to
36 of mental health services in the county, except state hospitals,
36
the qualifications of directors of local mental health services
37 funded in whole or in part by state funds. Each county shall
37
shall be administered in accordance with Section 5608. Such
38 maintain records containing such information and in such
38
standards may include the maintenance of records of services,
39 form as the director shall require for the purposes of this
39 finances and expenditures, which shall be reported to the State
40 section.
40 Department of Mental Hygiene Health in a manner and at
41
Pending the development of a cost reporting system, the
41 such times as it may specify.
42 director shall prepare and adopt a uniform patient fee sched-
42
The regulations shall be adopted in accordance with the
43 ule to be used in all mental health agencies for services ren-
43
Administrative Procedure Act, Chapter 4 (commencing with
44 dered to each patient. In preparing such uniform patient
44 Section 11370) of Part 1 of Division 3 of the Government
45 fee schedule, the director shall take into account the existing
45 Code.
46 charges for state hospital services and those for Short-Doyle
46
SEC. 469. Section 5755 of the Welfare and Institutions
47 Act community mental health program services. If the direc-
47
Code is amended to read:
48 tor determines that it is not practicable to devise a single
48
5755. By March 15, 1971, the State Department of Mental
49 uniform patient fee schedule applicable to both state hospital
49 Hygiene Health shall adopt a five-year state plan for commu-
50 services and services of other mental health agencies, he may
50
nity mental health services. The state plan shall consider the
51 adopt a separate fee schedule for state hospital services which
51
community mental health needs set forth in the county plans
52 differs from the uniform patient fee schedule applicable to
10
80068-C
- 146
- 147
1 and shall include a system of priorities for allocating state
1 Health Directors, may provide for consultant and advisory
2 mental health funds to the counties. The director shall consult
2
services and for the training of technical and professional per-
3 with the California Conference of Local Mental Health Direc-
3
sonnel in educational institutions and field training centers ap-
4 tors and the Citizens Advisory Council in developing the state
4 proved by the department and for the establishment and main-
5 plan. The state plan shall be reviewed and revised as necessary
5
tenance of field training centers.
6 to provide a basis for allocating mental health funds through-
6
SEC. 475. Section 5762 of the Welfare and Institutions
7 out the state. The state plan and the system of priorities shall
7
Code is amended to read:
8
encourage innovations by county mental health programs.
8
5762. The President of the California Conference of Local
9
SEC. 470. Section 5757 of the Welfare and Institutions
9
Mental Health Directors, for the purposes of this division,
10
Code is amended to read
10 may, after consultation with the Director of Mental Hygiene
11
5757. There is hereby established the California Conference
11
Health, appoint such psychiatric and such other consultants
12
of Local Mental Health Directors, with which the Director of
12
as may be deemed necessary who shall serve without pay but
13 Mental Hygiene Health shall consult in establishing standards,
13
who shall receive actual and necessary travel and other ex-
14 rules, and regulations pursuant to this division.
14
penses incurred.
15
SEC. 471. Section 5758 of the Welfare and Institutions
15
SEC. 476. Section 5763 of the Welfare and Institutions
16
Code is amended to read
16
Code is amended to read
17
5758. The California Conference of Local Mental Health
17
5763. There is a Citizens Advisory Council to advise and
18 Directors shall consist of all regularly appointed directors of
18
assist the Director of Mental Hygiene Health in carrying out
19 community mental health services and program chiefs as de-
19
the provisions of this division.
20 fined by regulation. It shall organize and shall annually elect
20
The council shall consist of fifteen (15) appointed voting
21 a president, a vice president, and a secretary, who shall serve
21
members. Each of the following professions shall be repre-
22 as the executive committee of the conference. The president of
22
sented by one member: general medicine, general psychiatry,
23 the conference, after consultation with the Director of Mental
23
child psychiatry, psychology, social work, sociology, law, and
24 Health Hygiene, may appoint, for the purpose of advising the
24
nursing. Two members shall be county supervisors; one mem-
25 director, such other committees of the conference as may from
25
ber shall be an administrator of a private hospital providing
26 time to time be necessary.
26
psychiatric services; one member shall be a member of the
27
SEC. 472. Section 5759 of the Welfare and Institutions
27
California Conference of Local Mental Health Directors who
28
Code is amended to read:
28
is appointed under this part; and three members shall repre-
29
5759. Meetings of the conference for the purposes of this
29
sent the general public.
30 division shall be called by the Director of Mental Hygiene
30
The Governor shall appoint the following nine (9) members
31 Health, who shall give the members at least 10 days' notice of
31
of the council: representatives of the professions of general
32 such meetings. At official sessions of meetings of the conference
32
medicine (1), psychiatry (1), child psychiatry (1), psychology
33
the president of the conference shall preside; provided, how-
33
(1), social work (1), and nursing (1) an administrator of
34 ever, that the conference may hold additional sessions as may
34
a private hospital providing psychiatric services; a county su-
35
be determined by the executive committee of the conference at
35
pervisor; and a representative of the general public. The
36
which the president or other members of the conference shall
36 Chairman of the Senate Rules Committee shall appoint the
37
preside. Each community mental health service shall have one
37 following three (3) members of the council a representative of
38
vote cast by the director or his designee.
38 the profession of law; a county supervisor; and a representa-
39
SEC. 473. Section 5760 of the Welfare and Institutions
39 tive of the general public. The Speaker of the Assembly shall
40
Code is amended to read
40 appoint the following three (3) members of the council: a
41
5760. Actual and necessary expenses incurred by a member
41 representative of the profession of sociology a member of the
42
as incident to his attendance at meetings of the conference
42 California Conference of Local Mental Health Directors; and
43
shall be a legal charge against the local government unit which
43 a representative of the general public.
44 he represents. Actual and necessary expense incurred by mem-
44
Of the members first appointed by the Governor, three shall
45
bers of the conference incident to attendance at special meet-
45 hold office for three years, three shall hold office for two years,
46
ings of the committees of the conference called by the Director
46 and three shall hold office for one year. Of the members first
47
of Mental Hygiene Health shall be a legal charge against any
47 appointed by the Speaker of the Assembly, one shall hold
48
funds available for the administration of this division.
48 office for three years, one shall hold office for two years. and
49
SEC. 474. Section 5761 of the Welfare and Institutions
49 one shall hold office for one year. Of the members first ap-
50
Code is amended to read:
50 pointed by the Chairman of the Senate Rules Committee, one
51
5761. The State Department of Mental Hygiene Health
51 shall hold office for three years, one shall hold office for two
52
after approval by the California Conference of Local Mental
- 148 -
- 149 -
1 years, and one shall hold office for one year. Thereafter, each
1
SEC. 479. Section 5766 of the Welfare and Institutions
2 member shall hold office for three years.
2
Code is amended to read
3
The members of the Citizens Advisory Council shall serve
3
5766. The Citizens Advisory Council may utilize such staff
4 without compensation but shall be reimbursed for any actual
4 of the central and regional offices of the Department of Mental
5 and necessary expenses incurred in connection with the per-
5 Health Hygiene as are available, and such staff of all other
6 formance of their duties under this chapter.
6 public or private agencies which have an interest in the
7
The Citizens Advisory Council shall meet at least quarterly,
7 mental health of the public and which are able and willing to
8 and on call of the council chairman as often as necessary to
8 provide such services.
9 fulfill its duties. All meetings and records of the Citizens Ad-
9
SEC. 480. Section 6000 of the Welfare and Institutions
10 visory Council shall be open to the public.
10 Code is amended to read:
11
The Citizens Advisory Council shall, by majority vote of the
11
6000. Pursuant to rules and regulations established by the
12 voting members, elect its own chairman from among the 15
12 State Department of Mental Hygiene Health, the medical di-
13 appointed members, and shall establish such committees as it
13 rector of a state hospital for the mentally disordered or men-
14 deems necessary or desirable. The council chairman shall ap-
14 tally retarded may receive in such hospital, as a boarder and
15 point all members of committees of the Citizens Advisory
15 patient, any person who is a suitable person for care and
16 Council.
16 treatment in such hospital, upon receipt of a written appli-
17
SEC. 477. Section 5764 of the Welfare and Institutions
17 cation for the admission of the person into the hospital for care
18 Code is amended to read:
18 and treatment made in accordance with the following require-
19
5764. The powers, duties, and responsibilities of the Citi-
19 ments:
20 zens Advisory Council shall include the following
20
(a) In the case of an adult person, the application shall be
21
(a) To advise the Director of Mental Hygiene Health on the
21 made voluntarily by the person, at a time when he is in such
22
development of the state five-year mental health plan and the
22 condition of mind as to render him competent to make it or, if
23
system of priorities contained in that plan.
23 he is a conservatee with a conservator of the person or person
24
(b) To periodically review all mental health services in
24 and estate who was appointed under Chapter 3 (commencing
25
California, conducting independent investigations and studies
25 with Section 5350) of Part 1 of Division 5 with the right as
26
as necessary. The Citizens Advisory Council may prepare such
26 specified by court order under Section 5328 to place his con-
27
reports as necessary to the Governor, the Legislature, the Di-
27 servatee in a state hospital, by his conservator.
28 rector of Mental Hygiene Health, and the State Advisory
28
(b) In the case of a minor person, the application shall be
29
Health Planning Council.
29 made by his parents, or by the parent, guardian, or other per-
30
(c) To suggest rules, regulations and standards for the ad-
30 son entitled to his custody to any of such mental hospitals
31
ministration of this division.
31 as may be designated by the Director of Mental Hygiene
32
(d) To encourage, whenever necessary and possible the co-
32 Health to admit minors on voluntary applications. If the
33
ordination on a regional basis of community mental health
33 minor has a conservator of the person, or the person and the
34 resources, with the purpose of avoiding duplication and frag-
34 estate, appointed under Chapter 3 (commencing with Section
35
mentation of services.
35 5350) of Part 1 of Division 5, with the right as specified by
36
(e) To mediate disputes between counties and the state
36 court order under Section 5328 to place the conservatee in a
37
arising under this part.
37 state hospital the application for the minor shall be made by
38
SEC. 478. Section 5765 of the Welfare and Institutions
38 his conservator.
39 Code is amended to read:
39
Any such person received in a state hospital shall be deemed
40
5765. The state five-year mental health plan shall be sub-
40
a voluntary patient.
41 mitted to the Advisory Health Planning Council for review
41
Upon the admission of a voluntary patient to a state hos-
42 and recommendations as to conformance with California's com-
42 pital the medical director shall immediately forward to the
43 prehensive statewide health plan. The state five-year mental
43 office of the State Department of Mental Hygiene Health the
44 health plan shall be submitted on an annual basis or as often as
44 record of such voluntary patient, showing the name, resi-
45 there are amendments or changes thereto.
45 dence, age, sex, place of birth, occupation, civil condition, date
46
It is the intent of the Legislature to carefully review the
46 of admission of such patient to such hospital, and such other
47 state five-year mental health plan prior to the adoption of the
47 information as is required by the rules and regulations of the
48 budget in the 1971-1972 fiscal year. To this end, the Depart-
48 department.
49 ment of Mental Hygiene Health shall report to the Legislature
49
The charges for the care and keeping of a mentally dis-
50 on the plan and any changes therein no later than March 15,
50 ordered person in a state hospital shall be governed by the
51 1971, and March 15 each subsequent year.
51 provisions of Article 4 (commencing with Section 7275) of
52 Chapter 3 of Part 4 relating to the charges for the care and
151
- 150
1 ter 3 (commencing with Section 5350) of Part 1 of Division 5,
1 keeping of mentally disordered persons in state hospitals. The
2 with the right as specified by court order under Section 5328
2 county where a mentally retarded person resided at the time
3 to place his conservatee, may be admitted upon written appli-
3 of admission, as determined by the Department of Mental
4 cation by his conservator.
4 Hygiene Health, shall pay the cost to the state of the care
5
After the admission of a voluntary patient to a private in-
5 of such person as provided by Sections 7510 and 7511 of this
6 stitution, hospital, clinic, or sanitarium the person in charge
6 code; provided that, if a minor mentally retarded person is
7 shall forward to the office of the State Department of Mental
7 committed by the county where the state hospital is located
8 Hygiene Health a record of the voluntary patient showing
8 solely for the reason that he has attained majority, the county
9 such information as may be required by rule by the depart-
9 of residence of such person shall remain the same as that
10 ment.
10 established at the time of his initial admission. The responsi-
11
A voluntary adult patient may leave the hospital, clinic, or
11 bility of the mentally retarded patient and his kindred for
12 institution at any time by giving notice of his desire to leave to
12 reimbursement to the county shall be governed by Chapters
13 any member of the hospital staff and completing normal hos-
13 1, 2, 4, and 5 (commencing with Section 17000) of Part 5
14 pitalization departure procedures. A conservatee may leave in
14 of Division 10.
15 a like manner if notice is given by his conservator.
15
A voluntary adult patient may leave the hospital or insti-
16
SEC. 482. Section 6007 of the Welfare and Institutions
16 tution at any time by giving notice of his desire to leave to
17 Code is amended to read:
17 any member of the hospital staff and completing normal hos-
18
6007. Any person detained as of June 30, 1969, in a pri-
18 pitalization departure procedures. A conservatee may leave
19 vate institution, pursuant to former Sections 6030 to 6033,
19
in a like manner if notice is given by his conservator.
20 inclusive, as they read immediately preceding July 1, 1969,
20
A minor person who is a voluntary patient may leave the
21 on the certification of one physician, may be detained after
21
hospital or institution after completing normal hospitalization
22 July 1, 1969, for a period no longer than 90 days.
22 departure procedures after notice is given to the superin-
23
Any person detained as of June 30, 1969, in a private insti-
23
tendent or person in charge by the parents, or the parent,
24 tution, pursuant to such sections, on the certification of two
24
guardian, or other person entitled to the custody of the minor,
25 physicians, may be detained after July 1, 1969, for a period
25
of their desire to remove him from the hospital.
26 no longer than 180 days.
26
No person received into a state hospital, private mental
27
Any person detained pursuant to this section after July 1,
27
institution, or county psychiatric hospital as a voluntary
28 1969, shall be evaluated by the facility designated by the
28
patient during his minority shall be detained therein after
29 county and approved by the State Department of Mental Hy-
29 he reaches the age of majority, but any such person, after
30 giene Health pursuant to Section 5150 as a facility for 72-
30 attaining the age of majority, may apply for admission into
31 hour treatment and evaluation. Such evaluation shall be made
31 the hospital or institution for care and treatment in the man-
32 at the request of the person in charge of the private institution
32 ner prescribed in this section for applications by adult persons.
33 in which the person is detained or by one of the physicians
33
The Department of Mental Hygiene Health shall establish
34 who signed the certificate. If in the opinion of the professional
34 such rules and regulations as are necessary to carry out prop-
35 person in charge of the evaluation and treatment facility or
35 erly the provisions of this section.
36 his designee, the evaluation of the person can be made by such
36 37 tally retarded under this article unless he meets the residence
No person shall be admitted to a state hospital for the men-
37 professional person or his designee at the private institution
38 in which the person is detained, the person shall not be re-
38 requirements set forth in Section 6451.
39 quired to be evaluated at the evaluation and treatment facility,
39
SEC. 481. Section 6002 of the Welfare and Institutions
40 but shall be evaluated at the private institution to determine
40 Code is amended to read:
41 if the person is a danger to others, himself, or gravely dis-
41
6002. The person in charge of any private institution, hos-
42 abled as a result of mental disorder.
42 pital, clinic, or sanitarium which is conducted for, or includes
43 a department or ward conducted for, the care and treatment
47 institution, hospital, clinic, or sanitarium who voluntarily
200
43
Any person evaluated under this section shall be released
44 from the private institution immediately upon completion of
44 of persons who are mentally disordered may receive therein
45 the evaluation if in the opinion of the professional person in
45 as a voluntary patient any person suffering from a mental dis-
46 charge of the evaluation and treatment facility, or his des-
46 order who is a suitable person for care and treatment in the
47 ignee, the person evaluated is not a danger to others, or to
48 himself, or gravely disabled as a result of mental disorder,
48 makes a written application to the person in charge for admis-
49 unless the person agrees voluntarily to remain in the private
49 sion into the institution, hospital, elinic, or sanitarium, and
50 institution.
50 who is at the time of making the application mentally compe-
51
If in the opinion of the professional person in charge of the
51 tent to make the application. A conservatee, with a conserva-
52 facility or his designee, the person evaluated requires intensive
52 tor of the person, or person and estate, appointed under Chap-
- 152 -
- 153 -
1 treatment or recommendation for conservatorship, such pro-
1
(d) Be committed to a facility of the Veterans Adminis-
2 fessional person or his designee shall proceed under Article 4
2 tration or other agency of the United States, to wit:
3 (commencing with Section 5250) of Chapter 2, or under Chap-
3
at
in accordance with the provisions of Section 1663
4 ter 3 (commencing with Section 5350), of Part 1 of Division 5.
4 of the Probate Code of the State of California.
5
SEC. 483. Section 6254 of the Welfare and Institutions
5
It is further ordered and directed that
of this
6 Code is amended to read:
6 county, take, convey and deliver
to the proper au-
7
6254. Wherever provision is made in this code for an order
7 thorities of the hospital or establishment designated herein
8 of commitment by a superior court, the order of commitment
8 to be cared for as provided by law.
9 shall be in substantially the following form:
9
Dated this
day of
, 19
10
10
11
In the Superior Court of the State of California
11
Judge of the Superior Court
12
for the County of
12
*
Strike out where inapplicable.
13
13
SEC. 484. Section 6316 of the Welfare and Institutions
14
14 Code is amended to read:
15 The People
15
6316. If, after examination and hearing, it appears there is
16 For the Best Interest and Protection of
16 sufficient cause to believe that the person is a mentally dis-
17
Order for Care,
17 ordered sex offender within the meaning of this article,
18
as a
,
19
Hospitalization
18 the judge may make and sign an order that the person
or Commitment
19 be placed temporarily in a suitable psychiatric facility
20 and Concerning
20 maintained by a county or in a state hospital of the Depart-
21
and
21 ment of Mental Hygiene Health designated by the court for
22
,
Respondents
22 observation and diagnosis for a period not to exceed 90 days,
23
23 with the further provision in said order that the superintend-
24
24 ent of the hospital or person in charge of the county facility
25
The petition dated
, alleging that
, having
25 shall report to the court the diagnosis and recommendations
26 been presented to this court on the
day of
26 concerning such person within the 90-day period. The court
27
19 , and an order of detention issued thereon by a judge of
27 shall attach to the order for observation. its findings and copies
28 the superior court of this county, and a return of the said
28 of the certification and statement from the other court, any
29 order:
29 affidavits filed, the written reports of the corut-appointed psy-
30
And it further appearing that the provisions of Sections
30 chiatrists, and the report of the probation officer, together
31 6250 to 6254, inclusive, of the Welfare and Institutions Code
31 with such social and other data that it has available bearing
32 have been complied with;
32 upon the case, and the same shall be delivered to the institu-
33
And it further appearing that Dr.
and Dr.
33 tion with such order.
34
,
two regularly appointed and qualified medical examiners
34
The superintendent of the hospital or person in charge of
35 of this county, have made a personal examination of the al-
35 the county facility shall within 90 days cause the person to be
36 leged
,
and have made and signed the certificate of
36 examined and forward to the committing court his opinion as
37 the medical examiners, which certificate is attached hereto and
37 to whether or not the person is a mentally disordered sex of-
38 made a part hereof;
38 fender, whether or not he is a danger to the health and safety
39
Now therefore, after examination and certificate made as
39 of others, and whether or not he will benefit by care and treat-
40 aforesaid the court is satisfied and believes that
is a
40 ment in a state hospital, including therein a report, diagnosis
41
and is SO
41 and recommendation concerning the person's future care, su-
42
It is ordered, adjudged and decreed
42 pervision and treatment.
43
That
is a
and that
he
43
If the superintendent of the hospital or person in charge of
44
(a) Be cared for and detained in
,
a county psy-
44 the county facility reports to the court that the person is not
45 chiatric hospital, a community mental health service, or a
45 a mentally disordered sex offender, the person shall be re-
46 licensed sanitarium or hospital for the care of the mentally
46 turned to the court for further disposition of his case. The
47 disordered until the further order of the court, or
47 court shall then cause the person to be returned to the court
48
(b) Be cared for at
, until the further order of
48 in which the criminal charge was tried to await further action
49 the court, or
49 with reference to such criminal charge.
50
(c) Be committed to the Department of Mental Hygiene
50
If the superintendent of the hospital or person in charge of
51
Health for placement in a state hospital, or
51 the county facility reports to the committing court that the
52 person is a mentally disordered sex offender but will not
154
- 155
1 benefit by care or treatment in a state hospital and is a danger
1 placement has been made and reported, diagnosed and recom-
2 to the health and safety of others, the court shall then cause
2 mended upon as provided by this section.
3 the person to be returned to the court in which the criminal
3
SEC. 485. Section 6326 of the Welfare and Institutions
4 charge was tried to await further action with reference to such
4 Code is amended to read:
5 criminal charge. Such court shall resume the proceedings and
5
6326. If the opinion SO certified is under subdivision (b)
6 shall impose sentence or make such other suitable disposition
6 of Section 6325, the committing court shall forthwith order
7 of the case as the court deems necessary. If, however, such
7 the return of the person to said committing court and shall
8 court is satisfied that the person is a mentally disordered sex
8 thereafter cause the person to be returned to the court in which
9 offender but would not benefit by care or treatment in a state
9 the criminal charge was tried to await further action with
10 hospital and is a danger to the health and safety of others,
10 reference to such criminal charge.
11 it may recertify the person to the superior court of the county.
11
Such court shall resume the proceedings and after consider-
12 If the superior court, after hearing, finds that the person is
12 ing all the evidence before it shall impose sentence or make
13 a mentally disordered sex offender but would not benefit by
13 such other disposition of the case as the court may deem neces-
14 care or treatment in a state hospital and is a danger to the
14 sary and proper; provided, that said court, if satisfied that the
15 health and safety of others, it may make an order committing
15 person has not recovered from his mental disorder and is still
16 the person for an indefinite period to the Department of Men-
16 a danger to the health and safety of others, may recertify the
17 tal Hygiene Health for placement in a state institution or
17 person to the superior court of the county. If said court after
18 institutional unit for the care and treatment of mentally dis-
18 hearing makes a finding that the person is still a mentally dis-
19 ordered sex offenders designated by the court and provided
19 ordered sex offender and is still a danger to the health and
20 pursuant to Section 6326. At such hearing or hearings, the
20 safety of others, it may make an order recommitting the per-
21 person shall be entitled to present witnesses in his own behalf,
21 son for an indeterminate period to the Department of Mental
22 to be represented by counsel and to cross-examine any wit-
22 Hygiene Health for placement in a state institution or institu-
23 nesses who testify against him. The person shall remain in such
23 tional unit for the care and treatment of such mentally dis-
24 institution or institutional unit until he is no longer a danger
24 ordered sex offenders designated by the court. At such hearing
25 to the health and safety of others. Thereupon, the proceedings
25 or hearings, the person shall be entitled to present witnesses
26 set forth in Section 6325 shall be followed with respect to the
26 in his own behalf, to be represented by counsel and to cross-
27 certifying of an opinion to the committing court and the
27 examine any witnesses who testify against him.
28 release of the person thereby.
28
The Director of Mental Hygiene Health, with the approval
29
If the superintendent of the hospital or person in charge of
29 of the Director of Corrections and the Director of Finance,
30 the county facility reports to the court that the person is a
30 may provide on the grounds of a state institution or institu-
31 mentally disordered sex offender and that the person could
31 tions under the jurisdiction of the Department of Corrections
32 benefit by treatment in a state hospital, the court in its discre-
32 or the Department of Mental Hygiene Health one or more in-
33 tion has the alternative to return the person to the criminal
33 stitutional units to be used for the custodial care and treat-
34 court for further disposition or may make an order committing
34 ment of mentally disordered sex offenders. Each such unit
35 the person to the department for placement in a state hospital
35 shall be administered in the manner provided by law for the
36 for an indeterminate period and a copy of such commitment
36 government of the institution in which such unit is established.
37 shall be personally served upon said person within five days
37
The court shall cause the person SO recommitted to be de-
38 after the making of such order and such person may within 10
38 livered to the state institution or the institutional unit SO
39 days demand a hearing in court and upon such demand said
39 designated. The person shall remain therein or in any other
40 court shall order the return of said person to said court and
40 such institution or institutional unit to which he may be trans-
41 fix a time and place for a hearing. Upon such hearing the
41 ferred by the Director of Mental Hygiene Health until the
42 court may accept the report of the superintendent of the hos-
42 person is no longer a danger to the health and safety of
43 pital or person in charge of the county facility, if verified, in
43 others. Thereupon the proceedings set forth in Section 6325
44 lieu of the examination by and testimony of court-appointed
44 shall be followed with respect to the certifying of an opinion
45 psychiatrists, or may consider the report as additional evi-
45 to the committing court and the release of the person thereby.
46 dence. Upon such further hearing the court may make an
46
SEC. 486. Section 6327 of the Welfare and Institutions
47 order committing the person to the department for placement
47 Code is amended to read
48 in a state hospital designated by the court for an indetermi-
48
6327. After a person has been committed for an indetermi-
49 nate period, or may make other suitable disposition of the
49 nate period to the department for placement in a state hos-
50
case.
50 pital as a mentally disordered sex offender and has been con-
51
No person shall be committed for an indeterminate period
51 fined for a period of not less than six months from the date of
52
as a mentally disordered sex offender unless an observation
52 the order of commitment, the committing court may upon its
- 156
157
1 own motion or on motion by or on behalf of the person com-
1 make an order committing such person to the Department of
2 mitted, require the superintendent of the state hospital to
2 Mental Hygiene Health for placement in a state hospital for an
3 which the person was committed to forward to the committing
3 indeterminate period of not less than three months nor more
4 court, within 30 days, his opinion under (a) or (b) of Section
4 than two years.
5 6325, including therein a report, diagnosis and recommenda-
5
If satisfactory evidence is submitted to the trial judge show-
6 tion concerning the person's future care, supervision, or treat-
6 ing that the person to be committed is of bad repute or bad
7 ment. After receipt of the report, the committing court may
7 character, apart from his habit for which the commitment is
8 order the return of the person to the court for a hearing as to
8 made, and that there is reasonable ground for believing that
9 whether the person is still a mentally disordered sex offender
9 the person if committed will not be benefited by treatment, the
10 within the meaning of this article.
10 judge shall not commit the person to a state hospital.
11
The hearing shall be conducted substantially in accordance
11
SEC. 489. Section 6360 of the Welfare and Institutions
12 with Section 6306 to 6314, inclusive. If, after the hearing, the
12 Code is amended to read:
13 judge finds that the person has not recovered from his mental
13
6360. Any person committed as a narcotic drug addict
14 disorder and is still a danger to the health and safety of others,
14 except such persons as have been committed under the pro-
15 he shall order the person returned to the Department of Men-
15 visions of Section 6361, may be placed on leave of absence
16 tal Hygiene Health under the prior order of commitment for
16 after the expiration of three months under the same rules and
17 an indeterminate period, or, if the opinion of the superin-
17 conditions under which the other committed persons are placed
18 tendent of the state hospital was under (b) of Section 6325,
18 on leave of absence, and the superintendent, on filing his writ-
19 he may make and sign an order recommitting the person for
19 ten certificate with the Director of Mental Hygiene Health,
20 an indeterminate period to the Department of Mental Hygiene
20 may discharge any person committed under this article after
21 Health for placement in a state institution or institutional unit
21 the expiration of three months and before the expiration of
22 for the care and treatment of such mentally disordered sex of-
22 the maximum term of confinement when such superintendent
23 fenders designated by the court and provided pursuant to
23 is satisfied that the person will not receive substantial benefit
24 Section 6326. A subsequent hearing may not be held under this
24 from further hospital treatment.
25 section until the person has been confined for an additional
25
SEC. 490. Section 6406 of the Welfare and Institutions
26 period of six months from the date of This return to the de-
26 Code is amended to read:
27 partment. If the court finds that the person has recovered
27
6406. If the judge, after such hearing and examination,
28 from his mental disorder to such an extent that he is no longer
28 believes the person is SO far addicted to the intemperate use
29 a danger to the health and safety of others, or that he will
29 of habit-forming drugs, as provided in this article, as to have
30 not benefit by further care and treatment in the hospital and
30 lost the power of self-control, he shall make an order that
31 is not a danger to the health and safety of others, the commit-
31 the person be committed to the Department of Mental Hy-
32 ting court shall thereafter cause the person to be returned to
32 giene Health for placement in a state hospital, or that such
33 the court in which the criminal charge was tried to await
33 person be confined for a definite period not exceeding one year,
34 further action with reference to such criminal charge.
34 in a regional jail camp maintained by the Department of Cor-
35
SEC. 487. Section 6350 of the Welfare and Institutions
35 rections or in an industrial farm or industrial road camp
36 Code is amended to read:
36 within the county or, in the event that the county maintains
37
6350. A "narcotic drug addict" within the meaning of this
37 a branch of the county jail at which inmates thereof are re-
38 article is any person who habitually takes or otherwise uses to
38 quired to perform agricultural and other out-of-doors labor, in
39 the extent of having lost the power of self-control any opium,
39 such branch of the county jail. The order of commitment and
40 morphine, cocaine, or other narcotic drug as defined in Article
40 statement of financial condition shall be in substantially the
41 1 of Chapter 1 of Division 10 of the Health and Safety Code.
41 form provided by Section 6254 of this code for the commit-
42
Wherever in this article the term "drug addict" is used,
42 ment of mentally disordered persons.
43 such term shall be construed to refer to and mean "narcotic
43
Before a person is committed to a state hospital, however,
44 drug addict" as defined in this section. All persons heretofore
44 satisfactory evidence shall be submitted to the trial judge
45 committed or admitted as drug addicts to any state hospital, or
45 showing that the person to be committed is not of bad repute
46 committed to the Department of Mental Hygiene Health for
46 or bad character, apart from his habit for which the commit-
47 placement therein, shall be deemed to have been committed or
47 ment is made, and that there is reasonable ground for believing
48 admitted as narcotic drug addicts.
48 that the person, if committed, will be permanently benefited by
49
SEC. 488. Section 6357 of the Welfare and Institutions
49 treatment.
50 Code is amended to read
50
SEC. 491. Section 6407 of the Welfare and Institutions
51
6357. If, after a hearing and examination, the judge be-
51 Code is amended to read:
52 lieves the person charged is a narcotic drug addict, he shall
- 158 -
- 159 -
1
6407. If the court orders that the person be confined in a
1 written authority of a judge of the superior court of the
2
state hospital, the court shall commit the person to the Depart-
2 county in which the proceedings were had.
3 ment of Mental Hygiene Health for placement in a designated
3
SEC. 493. Section 6500 of the Welfare and Institutions
4 hospital for a definite period not to exceed two years, but he
4 Code is amended to read
5 may be placed on leave of absence by the medical superintend-
5
6500. As used in this code, "mentally retarded persons"
6 ent under the same rules and conditions under which other
6 means those persons who are SO mentally retarded from in-
7 judicially committed persons are placed on leave of absence,
7 fancy or before reaching maturity that they are incapable of
8 and the superintendent, on filing his written certificate with
8 managing themselves and their affairs independently, with
9 the Director of Mental Hygiene Health, may discharge any
9 ordinary prudence, or of being taught to do so, and who re-
10 person committed under this article when he is satisfied that
10 quire supervision, control, and care, because they are a danger
11 the person will not receive substantial benefit from further
11 to themselves or others.
12 hospital treatment, with the same power as contained in Arti-
12
Wherever in this code or in any provision of statute here-
13 cle 7 (commencing with Section 7350), Chapter 3, Division 7
13 tofore or hereafter enacted the terms "feebleminded" and
14 of this code. In the event that the person shall have been com-
14 '"feeblemindedness'" are used, they shall be construed to refer
15 mitted to an industrial farm or industrial road camp or branch
15 to and mean "mentally retarded" and "mental retardation,"
16 of the county jail, as provided in Section 6404 or 6405 of this
16 respectively, as defined in this section. All persons heretofore
17 code, he may, after recommendation by the medical director
17 committed or admitted as feebleminded to any state hospital
18
of the county:
18 for the mentally retarded, or committed to the Department of
19
(1) Be paroled by the county board of parole commissioners
19 Mental Hygiene Health for placement therein, shall be deemed
20
in the same manner as prisoners in county jails are paroled; or
20 to have been committed or admitted thereto as mentally re-
21
(2) By order of the court, be released from confinement sub-
21 tarded persons.
22 ject to the supervision of the director of the industrial farm
22
SEC. 494. Section 6501 of the Welfare and Institutions
23 or road camp for a period not to exceed the balance of the
23 Code is amended to read
24
commitment.
24
6501. Any mentally retarded person requiring hospitaliza-
25
Any person released from confinement in accordance with
25 tion may be committed to the Department of Mental Hygiene
26
subdivision (2) may, upon recommendation by the medical
26 Health for placement in a state hospital if he has been a resi-
27 director of the county and review of the recommendation by
27 dent of the state for the period of one year next preceding the
28 the court, be ordered by the court to be returned to confinement
28 presentation of the petition.
29 for the balance of his commitment. Any person SO returned
29
Residence acquired in this or in another state shall not be
30 to confinement may, upon written demand filed with the clerk
30 lost by reason of military service in the armed forces of the
31 at any time during the period of confinement, request a hearing
31 United States. The residence of minor children during the
32 and examination as provided in Chapter 1 (commencing with
32 period of such military service shall be determined in accord-
33 Section 6250) of Part 2 of Division 6. Upon the filing of such
33 ance with the residence of the parent in such service or in
34 a request, the judge shall, by order, fix a time and place for
34 accordance with the residence of the child.
35 hearing and examination, and proceed as in cases where no
35
Any mentally retarded minor requiring hospitalization may
36 order of commitment has been made pursuant to the consent
36 be committed to the Department of Mental Hygiene Health
37 of a medical examiner and the person charged to determine if
37 if the parent or guardian having custody of the minor has lived
38 such person shall be retained in custody for the balance of his
38 continuously in this state for a period of one year next pre-
39 original commitment.
39 ceding the presentation of the petition and has not acquired
40
SEC. 492. Section 6454 of the Welfare and Institutions
40 residence in another state by living continuously therein for at
41 Code is amended to read
41 least one year subsequent to his residence in this state. Such
42
6454. If, after examination and hearing, the judge believes
42 parent or guardian shall be deemed a resident of this state for
43 that the person is a mentally abnormal sex offender, as defined
43 the purposes of this section and such minor shall be eligible
44 in this article, he may order that the person be committed to
44 for hospitalization in this state as a mentally retarded person.
45 the Department of Mental Hygiene Health for placement in a
45 The eligibility of such minor for hospitalization in this state
46 state hospital designated by the court for a period of time not
46 ceases when such parent or guardian ceases to be a resident of
47 to exceed two years for supervision, care and treatment, or the
47 this state and such minor shall be transferred to the state of
48 judge may dismiss the petition. The petition, the reports, the
48 residence of the parent or guardian in accordance with the ap-
49 court orders and other court documents filed in the court shall
49 plicable provisions of this code.
50 not be open to inspection by any other than the parties to the
50
SEC. 495. Section 6502 of the Welfare and Institutions
51 proceeding, the attorneys for the party or parties, and the
51 Code is amended to read:
52 State Department of Mental Hygiene Health, except upon the
- 160
161 -
1
6502. A petition for the commitment of a mentally retarded
1 Division 5 shall apply to the person. The person may be de-
2 person to the Department of Mental Hygiene Health for place-
2 tained pursuant to Article 4.5 (commencing with Section 5260)
3 ment in a state hospital may be filed in the superior court of
3 or Article 6 (commencing with Section 5300) of Part 1 of
4 the county in which such person resides, by any of the follow-
4 Division 5 if the provisions of such articles apply to him.
5 ing persons:
5
If the professional person in charge of the facility finds that
6
(a) The parent, guardian, or other person charged with the
6 the person is mentally retarded, the juvenile court may direct
7
support of the mentally retarded person.
7 the filing in any other court of a petition for the commitment
8
(b) Any district attorney or probation officer.
8 of a minor as a mentally retarded person to the Department
9
(c) The Youth Authority.
9 of Mental Hygiene Health for placement in a state hospital. In
10
(d) Any person designated for that purpose by the judge of
10 such case, the juvenile court shall transmit to the court in
11
the court.
11 which the petition is filed a copy of the report of the profes-
12
(e) The Director of Corrections.
12 sional person in charge of the facility in which the minor was
13
The petition shall state the petitioner's reasons for supposing
13 placed for observation. The court in which the petition for
14 the person to be eligible for admission thereto, and shall be
14 commitment is filed may accept the report of the professional
15
verified by the affidavit of the petitioner.
15 person in lieu of the appointment, or subpoenaing, and testi-
16
SEC. 496. Section 6509 of the Welfare and Institutions
16 mony of other expert witnesses appointed by the court, if the
17
Code is amended to read:
17 laws applicable to such commitment proceedings provide for
18
6509. If the court finds that the person is mentally retarded,
18 the appointment by court of medical or other expert witnesses
19 and that he or his parent or guardian is a resident of this
19
or may consider the report as evidence in addition to the testi-
20 state as determined in accordance with Section 6501, the court
20
mony of medical or other expert witnesses.
21 may make an order that the person be committed to the De-
21
If the professional person in charge of the facility for 72-
22 partment of Mental Hygiene Health for hospitalization. The
22 hour evaluation and treatment reports to the juvenile court
23 court, however, may commit a mentally retarded person who
23 that the minor is not affected with any mental disorder requir-
24 has been in the state less than one year, or a mentally retarded
24 ing intensive treatment or mental retardation, the professional
25 minor who is not eligible for commitment to the Department of
25 person in charge of the facility shall return the minor to the
26 Mental Hygiene Health under Section 6501 for the purpose of
26 juvenile court on or before the expiration of the 72-hour pe-
27 transportation of such person to the state of his legal residence
27 riod and the court shall proceed with the case in accordance
28 pursuant to Section 4119. The Department of Mental Hygiene
28
with the Juvenile Court Law.
29 Health shall receive the person committed to it and shall place
29
Any expenditure for the evaluation or intensive treatment
30 the person in a state hospital unless such institutions are al-
30 of a minor under this section shall be considered an expend-
31 ready full, or the funds available for their support are ex-
31 iture made under Part 2 (commencing with Section 5600) of
32 hausted, or, in the opinion of the Department of Mental Hy-
32 Division 5 and shall be reimbursed by the state as are other
33 giene Health, the person is not a suitable subject for admission
33 local expenditures pursuant to that part.
34 thereto.
34
The jurisdiction of the juvenile court over the minor shall
35
SEC. 497. Section 6551 of the Welfare and Institutions
35 be suspended during such time as the minor is subject to the
36
Code is amended to read
36 jurisdiction of the court in which the petition for postcertifi-
37
6551. If the court is in doubt as to whether the person is
37 cation treatment of an imminently dangerous person or the
38 mentally disordered or mentally retarded, the court shall order
38 petition for commitment of a mentally retarded person is filed
39 the person to be taken to a facility designated by the county
39 or under remand for 90 days for intensive treatment or com-
40 and approved by the State Department of Mental Hygiene
40 mitment ordered by such court.
41 Health as a facility for 72-hour treatment and evaluation.
41
SEC. 498. Section 6700 of the Welfare and Institutions
42 Thereupon the provisions of Article 1 (commencing with Sec-
42 Code is amended to read
43 tion 5150) of Chapter 2 of Part 1 of Division 5 apply except
43
6700. At the hearing involving a person alleged to be a
44 that the professional person in charge of the facility shall make
44 narcotic drug addict the court shall inquire into the financial
45 a written report to the court concerning the results of the
45 condition of the person committed or, if the person is a minor,
46 evaluation of the person's mental condition. If the professional
46 of the parent, guardian, or other person charged with his
47 person in charge of the facility finds the person is, as a result
47
support. If the court finds such person or persons able to do SO
48 of mental disorder, in need of intensive treatment, he may be
48 in whole or in part, a further order shall be made requiring
49 certified for not more than 14 days involuntary intensive treat-
49 him or them to pay, to the extent the judge considers just,
50 ment if the conditions set forth in subdivision (c) of Section
50 the expenses of the proceedings in connection with his commit-
51 5250 are complied with. Thereupon, the provisions of Article 4
51 ment, and to pay to the county of which he is a bona fide resi-
52 (commencing with Section 5250) of Chapter 2 of Part 1 of
11-80068-C
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- 163 -
1 dent, such sums as the court deems proper, during such time
1 of Chapter 4 (commencing with Section 29700) of Division 3
2 as the person committed remains in the hospital or on parole
2 of Title 3 of the Government Code.
3 to a licensed home for the care of such person. The court shall
3
SEC. 503. Section 6718 of the Welfare and Institutions
4 make a further order requiring such person or persons to pay
4 Code is amended to read:
5 to the Department of Mental Hygiene Health the expense of
5
6718. The Department of Mental Hygiene Health shall
6 delivery of the patient to the state hospital for placement in
6 present to the county, not more frequently than monthly, a
7 which he was committed, which shall be paid to and collected
7 claim for the amount due the state by reason of commitments
8 by the department and credited to the appropriation for trans-
8 of the mentally retarded which the county shall process and
9
portation of patients.
9 pay pursuant to the provisions of Chapter 4 (commencing with
10
The court shall designate some county officer to keep a rec-
10 Section 29700) of Division 3 of Title 3 of the Government
11
ord of such payments ordered to be made, to receive, receipt
11 Code.
12
for, and record such payments made, to pay over such pay-
12
SEC. 504. Section 6750 of the Welfare and Institutions
13 ments to the county treasurer, to see that the persons ordered
13 Code is amended to read:
14
to make such payments comply with such orders, and to report
14
6750. The superior judge of each county may grant cer-
15 to the court any failure on the part of such persons to make
15 tificates in accordance with the form prescribed by the State
16
such payments.
16 Department of Mental Hygiene Health showing that the per-
17
SEC. 499. Section 6701 of the Welfare and Institutions
17 sons named therein are reputable physicians licensed in this
18
Code is amended to read:
18 state, and have been in active practice of their profession at
19
6701. The county from which each person is committed
19 least five years. When certified copies of such certificates have
20
under Section 6357 shall pay the state the cost of care of such
20 been filed with the department, it shall issue to such persons
21
person, for the time the person committed remains an inmate
21 certificates or commissions, and the persons therein named
22
of the institution or on leave of absence to a licensed home for
22 shall be known as "medical examiners." There shall at all
23
the care of such person, at the monthly rate therefor as fixed
23 times be at least two such medical examiners in each county.
24
and determined by the Director of Mental Hygiene Health
24 The certificate may be revoked by the department for in-
25
from time to time, but in no case shall it exceed the rate of
25 competency or neglect, and shall not be again granted without
26 forty dollars ($40) per month.
26 the consent of the department.
27
SEC. 500. Section 6702 of the Welfare and Institutions
27
SEC. 505. Section 7001 of the Welfare and Institutions
28
Code is amended to read:
28 Code is amended to read:
29
6702. The Department of Mental Hygiene Health shall
29
7001. No person, association, or corporation, shall estab-
30
present to the county, not more frequently than monthly, a
30 lish or keep, for compensation or hire, an establishment for
31 claim for the amount due the state under Section 6701 which
31 the care, custody, or treatment of the mentally disordered
32
the county shall process and pay pursuant to the provisions of
32 or other incompetent persons referred to in Division 6 with-
33 Chapter 4 (commencing with Section 29700) of Division 3 of
33 out first having obtained a license therefor from the Depart-
34 Title 3 of the Government Code.
34 ment of Mental Hygiene Health, and having paid the license
35
SEC. 501. Section 6710 of the Welfare and Institutions
35 fee provided in this chapter.
36
Code is amended to read:
36
Any person who carries on, conducts, or attempts to carry
37
6710. The cost necessarily incurred in determining that an
37 on or conduct an establishment for the care or treatment of
38
indigent person is a mentally abnormal sex offender in need of
38 the mentally disordered or incompetents without first having
39
commitment under this code and securing his admission into a
39 obtained a license from the Department of Mental Hygiene
40
state hospital, and the expense of providing proper clothing
40 Health, as in this chapter provided, is guilty of a misde-
41
for him in accordance with the rules and regulations adopted
41 meanor and on conviction thereof shall be punished by im-
42
by the Department of Mental Hygiene Health, is a charge
42 prisonment in a county jail not exceeding six months or by
43 upon the county from which he is committed. Such costs in-
43 a fine not exceeding one thousand dollars ($1,000), or by both
44 clude the fees of the medical examiners allowed by the judge
44 such fine and imprisonment. The managing and executive
45
before whom the testimony of the medical examiners is given.
45 officers of any corporation violating the provisions of this sec-
46
SEC. 502. Section 6713 of the Welfare and Institutions
46 tion shall be liable under the provisions of this section in the
47 Code is amended to read:
47 same manner and to the same effect as a private individual
48
6713. The Department of Mental Hygiene Health shall
48 violating the same.
49 present to the county, not more frequently than monthly, a
49
The provisions of this chapter do not apply to any hospital
50 claim for the amount due the state under Section 6710 which
50 which maintains and operates organized medical, surgical or
51 the county shall process and pay pursuant to the provisions
51 nursing and convalescent facilities primarily for the diag-
52 nosis, care, and treatment of physical human illness, including
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1 care during and after pregnancy, and to which persons may
1 suspended or revoked by the Department of Mental Hygiene
2 be admitted for overnight stay or longer, and holds a license
2 Health The proceedings shall be conducted in accordance with
3 in good standing issued under the provisions of Chapter 2
3 Chapter 5 (commencing with Section 11500) of Part 1 of
4 (commencing with Section 1400) of Division 2 of the Health
4 Division 3 of Title 2 of the Government Code, and the de-
5 and Safety Code.
5 partment shall have all the powers granted therein.
6
SEC. 506. Section 7002 of the Welfare and Institutions
6
SEC. 509. Section 7026 of the Welfare and Institutions
7 Code is amended to read:
7 Code is amended to read:
8
7002. The district attorney of every county shall, upon
8
7026. The Director of Mental Hygiene Health may bring
9 application by the State Department of Mental Hygiene
9 an action to enjoin the threatened violation, or continued vio-
10 Health or its authorized representatives, institute and conduct
10 lation of the provisions of this chapter, including the operation
11 the prosecution of any action brought for the violation within
11 of an establishment or institution without a license, or of any
12 his county of any of the provisions of this chapter.
12 of the regulations promulgated under this chapter, in the
13
SEC. 507. Section 7003.1 of the Welfare and Institutions
13 superior court located in the county in which the violation OC-
14 Code is amended to read:
14 curred or is about to occur. Any proceeding under the provi-
15
7003.1. In addition to the requirements of Section 7003,
15 sions of this section shall conform to the requirements of
16
any private institution desiring a license under the provisions
16 Chapter 3 (commencing with Section 525) of Title 7 of Part
17 of this chapter which shall cover a new facility or additional
17 2 of the Code of Civil Procedure, except that the director shall
18 bed capacity or the conversion of existing bed capacity to a
18 not be required to allege facts necessary to show or tending to
19 different license category, except for outpatient and emergency
19 show the lack of an adequate remedy at law or to show or
20 services, shall file with the department a verified statement on
20
tending to show irreparable damage or loss.
21
a form prescribed, prepared and furnished by the department
21
At least 30 days prior to the filing of a complaint against
22
containing:
22
a licensee, the director shall serve the licensee with a written
23
(a) The date applicant filed its complete application for
23 notice specifying each deficiency in the licensed establishment
24 new or additional bed capacity or conversion of an existing
24 or institution, and of the violation or continued violation by
25 bed capacity with the voluntary area health planning agency
25 such establishment or institution of this part or any of the
26
or voluntary local health planning agency approved pursuant
26 regulations promulgated under this part. No restraining order
27 to Section 437.7 of the Health and Safety Code.
27
or injunction, either temporary or permanent, shall be
28
(b) The date or dates the voluntary area health planning
28 granted by the court which would cause a licensed estab-
29 agency or voluntary local health planning agency held a pub-
29 lishment or institution to cease operations or which would seri-
30 lic hearing or hearings on the proposal, and evidence that the
30 ously impede the continued operation of the establishment or
31 applicant participated in the hearing in accordance with es-
31 institution, unless the operator thereof has been accorded a
32
tablished procedures of such group.
32 prior judicial hearing with respect to whether or not such
33
(c) The date the voluntary health planning agency, a vol-
33
restraining order or injunction shall issue.
34
untary area health planning agency acting as an appeals body
34
SEC. 510. Section 7100 of the Welfare and Institutions
35
or the Advisory Health Planning Council made its final and
35 Code is amended to read:
36 favorable decision concerning the new or additional bed ca-
36
7100. The board of supervisors of each county may main-
37 pacity or conversion of facilities and a statement that the time
37 tain in the county hospital or in any other hospital situated
38 for appeal has expired, or in the case of a modified approval,
38 within or without the county, suitable facilities and hospital
39
that the modifications have been made, or
39 service for the detention, supervision, care, and treatment of
40
(d) That the time allowed for decision has passed and no
40 persons who are mentally disordered, mentally retarded, or who
41 decision has been made or that the voluntary area health
41 are alleged to be such.
42 planning agency failed to act upon a lack of recommendation
42
The county may contract with public or private hospitals
43 by the voluntary local health planning agency within the time
43 for such facilities and hospital service when they are not suit-
44
allowed, or
44 ably available in any institution or establishment maintained
45
(e) That more than 12 months have expired since a de-
45
or operated by the county.
46 cision has been reached by the voluntary area health planning
46
The facilities and services unless subject to or provided
47 agency.
47 under the Short Doyle Act, shall be subject to the approval
48
SEC. 508. Section 7025 of the Welfare and Institutions
48 of the State Department of Public Health and each person
49
Code is amended to read:
49 having charge and control of any such hospital shall allow
50
7025. Upon proof of the violation of any provision of this
50 the department to make such investigations thereof as it deems
51 chapter, the license to any person to operate such private in-
51 necessary at any time.
52 stitution, hospital, establishment, home, or sanitarium may be
- 167
- 166 -
1
SEC. 514. Section 7205 of the Welfare and Institutions
1
Nothing in this chapter means that mentally disordered, or
2
Code is amended to read
2 mentally retarded persons may not be detained, supervised,
3
7205. The Director of General Services with the consent
3 cared for, or treated, subject to the right of inquiry or investi-
4 of the Department of Mental Hygiene Health is hereby au-
4 gation by the department, in their own homes, or the homes of
5 thorized to transfer to the City of Costa Mesa and to convey
5 their relatives or friends, or in a licensed establishment.
6 to said city all of the state's rights, title and interest, and upon
6
SEC. 511. Section 7200 of the Welfare and Institutions
7 such terms and conditions and with such reservations and ex-
7 Code is amended to read:
8 ceptions as in the opinion of the Director of General Services
8
7200. There are in the state the following state hospitals
9 may be in the best interest of the state, and subject to such use
9 for the care and treatment of the mentally disordered:
10 or uses as may be agreed upon by the city and the Department
10
1. Stockton State Hospital at the City of Stockton.
11 of Mental Hygiene Health with the approval of the Director
11
2. Napa State Hosptial near the City of Napa.
12 of General Services, in all or any part of the real property
12
3. Agnews State Hospital near the City of San Jose.
13 consisting of approximately five acres lying at the southwest
13
4. Mendocino State Hospital near the City of Ukiah.
14 corner of the Fairview State Hospital property in Orange
14
5. Patton State Hospital near the City of San Bernardino.
15 County, being a parcel of land lying within Lot A of the
15
6. Metropolitan, State Hospital near the City of Norwalk,
16 Banning Tract, in the Rancho Santiago de Santa Ana, City of
16
Los Angeles County.
17 Orange, State of California, as shown on a map of said tract
17
7. Camarillo State Hospital near Camarillo, Ventura
18 filed in action No. 6385 in the Superior Court of the State of
18
County.
19 California in and for the City of Los Angeles, being an action
19
8. The Langley Porter Neuropsychiatrict Institute, in the
20 for partition entitled Hancock Banning et al. VS. Mary H.
20 City and County of San Francisco.
21 Banning, more particularly described as follows:
21
9. DeWitt State Hospital near the City of Auburn.
22
Beginning at the most southeasterly corner of Parcel G as
22
10
23 shown on a record of survey filed in Book 53, pages 34 through
23
9. Modesto State Hospital near the City of Modesto.
24 36, of records of Surveys in the office of the County Recorder
24
11
25 of Orange County, California; thence along the boundary of
25
10. Atascadero State Hospital near the City of Atascadero,
26 said Parcel G northwesterly along a curve concave south-
26 San Luis Obispo County.
27 westerly having a radius of 540.00 feet through a central angle
27
12. Neuropsychiatrie Institute, U.C.L.A. Medical Center.
28 of 23 degrees, 01 minutes, 33 seconds, an arc distance of 217.01
28
SEC. 512. Section 7201 of the Welfare and Institutions
29 feet, thence north 34 degrees, 32 minutes, 30 seconds west,
29 Code is amended to read:
30 97.50 feet to a point on a line parallel with and 280.00 feet
30
7201. All of the institutions under the jurisdiction of the
31 measured at right angles northerly of the north line of Fair-
31 Department of Mental Hygiene Health shall be governed by
32 view Farms as shown on said record of Survey; thence de-
32 the uniform rules and regulation of the Department of Mental
33 parting from the boundary of said Parcel G north 89 degrees,
33 Health Hygiene and all of the provisions of Chapter 2 (com-
34 27 minutes, 30 seconds east along said parallel line 936.97
34 mencing with Section 4100) of Part 1 of Division 4 of this
35 feet; thence south 0 degrees, 32 minutes, 30 seconds east,
35 code on the administration of state institutions shall apply to
36 280.00 feet to said north line of Fairview Farms; thence south
36 the conduct and management of the state hospitals for the
37 89 degrees, 27 minutes, 30 seconds, west, 800.00 feet to the
37 mentally disordered and, except as provided in Chapter 4
38 point of beginning.
38 (commencing with Section 7500) of this division, to state hos-
39
The conveyance of such property shall be subject to the
39 pitals for the mentally retarded.
40 following conditions:
40
SEC. 513. Section 7204 of the Welfare and Institutions
41
(a) There shall be excepted and reserved in the state all
41 Code is amended to read:
42 deposits of minerals, including oil and gas, in the property
42
7204. The Director of General Services, with the consent
43 and to the state, or persons authorized by the state, the right
43 of the Department of Mental Hygiene Health, may sell the
44 to prospect for, mine, and remove such deposits from the
44 water treatment plant at the DeWitt State Hospital to the
45 property.
45 Nevada Irrigation District or the County of Placer under such
46
(b) If the city shall cease to use the property for public
46 terms, conditions, and restrictions as he deems to be for the
47 purposes, all right, title, and interest of the county in and to
47 best interests of the state. No such sale shall be made unless
48 the property shall cease and the property shall revert and rest
48 the district or county agrees to provide a sufficient amount of
49 in the state.
49 satisfactorily treated water to the hospital for its needs, at a
50
SEC. 515. Section 7206 of the Welfare and Institutions
50 cost no greater than that incurred by the hospital for water
51 Code is amended to read:
51 at the time of the sale.
168
169
1
7206. Notwithstanding the provisions of Section 4104 of
1 the patient if a male and of salpingectomy if a female or any
2 this code, the Director of General Services, with the consent of
2 other operation or treatment that will permanently sterilize
3 the Director of Mental Hygiene Health, may grant a right-of-
3 but not unsex the patient. When the superintendent of the
4 way for road purposes to the County of San Bernardino over
4 state hospital or state home is of the opinion that a patient
5 and along a portion of the Patton State Hospital property
5 who is afflicted with or suffering from any of the conditions
6 adjacent, to Arden Way and Pacific Street upon such terms and
6 specified in this section should be sterilized, he shall certify
7 conditions and with such reservations and exceptions as in the
7 such opinion to the Director of Mental Hygiene Health and
8 opinion of the Director of General Services will be for the best
8 shall at the same time give written notice of such certification
9 interests of the state.
9 to the patient and to his known parents, spouse, adult children,
10
SEC. 517. Section 7226 of the Welfare and Institutions
10 or guardian, if any, by registered mail to their last known
11 Code is amended to read
11 address. If the patient has no known relatives or guardian,
12
7226. The Department of Mental Hygiene Health may ad-
12 such notice shall be given to the person who petitioned for
13 mit to any state hospital for the mentally disordered, if there
13 the patient's commitment. Such notice shall further state that
14 is room therein, any mentally disordered soldier or sailor in the
14 written objection or written consent to the proposed steriliza-
15 service of the United States on such terms as are agreed upon
15 tion, should be filed with the Director of Mental Hygiene
16 between the department and the properly authorized agents,
16 Health at his office in Sacramento within 30 days by the pa-
17 officers, or representatives of the United States government.
17 tient, spouse, next of kin or guardian.
18
SEC. 518. Section 7250 of the Welfare and Institutions
18
When a written consent is filed, or if no objection is filed
19 Code is amended to read:
19 within the 30 days, the Director of Mental Hygiene Health, if
20
7250. Any person who has been committed is entitled to a
20 satisfied that the sterilization will not unduly endanger the
21 writ of habeas corpus, upon a proper application made by the
21 patient's health and that it is a proper case for sterilization,
22 Department of Mental Hygiene Health, by such person, or by
22 may authorize the superintendent to proceed with the steriliza-
23 a relative or friend in his behalf to the judge of the superior
23 tion of the patient. The director may cause such examination
24 court of the county in which the hospital is located. Upon the
24 of the patient and other inquiry to be made as he deems ad-
25 return of the writ, the truth of the allegations under which he
25 visable before issuing the authorization to the superintendent.
26 was committed shall be inquired into and determined. The
26
If a written objection is filed within the 30 days by the
27 medical history of the person as it appears in the clinical rec-
27 patient, his spouse, next of kin, or guardian, and in those cases
28 ords shall be given in evidence, and the superintendent in
28 where the patient has no known relatives or guardian, the
29 charge of the state hospital wherein the person is held in
29 proposed sterilization shall not be authorized or performed
30 custody and any other person who has knowledge of the facts
30 until the Director of Mental Hygiene Health has determined
31 shall be sworn and shall testify relative to the mental condition
31 the matter. He shall make full inquiry into the case, and may
32 of the person.
32 hold a hearing at the institution at which hearing the patient
33
SEC. 519. Section 7252 of the Welfare and Institutions
33 shall be present, and the objecting party and others interested
34 Code is amended to read:
34 on behalf of the patient may be heard. If the decision of the
35
7252. Any patient in a state hosiptal, upon the consent
35 director is that the patient shall not be sterilized, he shall SO
36 of the superintendent and medical director of such hospital,
36 order and notify the superintendent, the patient and the ob-
37 may voluntarily donate blood to any nonprofit blood bank
37 jecting party. If the decision of the director is that the patient
38 duly licensed by the State Department of Public Health.
38 should be sterilized, he shall send notice of such decision to
39
SEC. 520. Section 7254 of the Welfare and Institutions
39 the patient, his known parents, spouse, adult children. and
40 Code is amended to read:
40 guardian, if any, and the objecting party, by registered mail
41
7254. The provisions of this section apply to any person
41 to their last known address. Such notice shall further state
42 who has been lawfully committed or admitted to any state hos-
42 that any such party has the right within 30 days to petition
43 pital for the mentally disordered or mentally retarded and
43 the superior court of the county in which the institution is
44 who is afflicted with, or suffers from, any of the following
44 situated or of the county of the patient's residence for a re-
45 conditions:
45 view of the decision.
46
(a) Mental disease which may have been inherited and is
46
If such petition is filed in court within 30 days, and a true
47 likely to be transmitted to descendants.
47 copy thereof is served upon the Director of Mental Hygiene
48
(b) Mental retardation, in any of its various grades.
48 Health, the patient shall not be sterilized unless and until the
49
(c) Marked departures from normal mentality.
49 court, after hearing, issues an order authorizing the steriliza-
50
The State Department of Mental Hygiene Health, upon
50 tion of the patient in accordance with the provisions of this
51 compliance with the provisions of this section, may cause any
51 section. If such petition is not filed in court within 30 days,
52 such person to be sterilized by the operation of vasectomy upon
52 the director may authorize the superintendent to proceed with
170
171
1 such sterilization. The sterilization of a patient in accordance
1 the possession of the superintendent, belonging to any patient
2 with the provisions of this section, whether performed with or
2 in that institution, shall be deposited in the name of that pa-
3 without the consent of the patient, shall be lawful and shall
3 tient in the patients' personal deposit fund, except that if a
4 not render the department, its officers or employees, or any
4 guardian of the estate is appointed for the patient then he shall
5 persons participating in the operation liable either civilly or
5 have the right to demand and receive such funds. Whenever the
6 criminally.
6 sum belonging to any one patient, deposited in the patients'
7
SEC. 521. Section 7276 of the Welfare and Institutions
7 personal deposit fund, exceeds the sum of five hundred dollars
8 Code is amended to read:
8 ($500), the excess may be applied to the payment of the care,
9
7276. The charge for the care and treatment of all men-
9 support, maintenance and medical attention of the patient.
10 tally disordered persons and alcoholics at state hospitals for
10 After the death of the patient any sum remaining in his per-
11 the mentally disordered for whom there is liability to pay
11 sonal deposit account in excess of burial costs may be applied
12 therefor shall be determined pursuant to Section 4025. The
12 for payment of care, support, maintenance and medical atten-
13 Director of Mental Hygiene Health may reduce, cancel or re-
13 tion. Any of the funds belonging to a patient deposited in the
14 mit the amount to be paid by the estate or the relatives, as the
14 patients' personal deposit fund may be used for the purchase
15 case may be, liable for the care and treatment of any mentally
15 of personal incidentals for the patient or may be applied in
16 disordered person or alcoholic who is a patient at a state hos-
16 an amount not exceeding five hundred dollars ($500) to the
17 pital for the mentally disordered, on satisfactory proof that
17 payment of his burial expenses.
18 the estate or relatives, as the case may be, are unable to pay
18
SEC. 524. Section 7282 of the Welfare and Institutions
19 the cost of such care and treatment or that the amount is un-
19 Code is amended to read:
20 collectible. In any case where there has been a payment under
20
7282. The Department of Mental Hygiene Health may in
21 this section, and such payment or any part thereof is refunded
21 its own name bring an action to enforce payment for the cost
22 because of the death, leave of absence, or discharge of any pa-
22 and charges of transportation of a person to a state hospital
23 tient of such hospital, such amount shall be paid by the hos-
23 against any person, guardian or relative liable for such trans-
24 pital or the Department of Mental Hygiene Health to the per-
24 portation. The department also may in its own name bring an
25 son who made the payment upon demand, and in the statement
25 action to recover for the use and benefit of any state hospital
26 to the Controller the amounts refunded shall be itemized and
26 or for the state the amount due for the care, support, main-
27 the aggregate deducted from the amount to be paid into the
27 tenance, and expenses of any patient therein, against any
28 State Treasury, as provided by law. If any person dies at any
28 county, or officer thereof, or against any person, guardian,
29 time while his estate is liable for his care and treatment at a
29 or relative, liable for such care, support, maintenance, or ex-
30 state hospital, the claim for the amount due may be presented
30 penses.
31 to the executor or administrator of his estate, and paid as a
31 SEC. 525. Section 7283 of the Welfare and Institutions
32 preferred claim, with the same rank in order of preference, as
32 Code is amended to read
33 claims for expenses of last illness.
33
7283. All moneys collected by the Department of Mental
34
SEC. 522. Section 7277 of the Welfare and Institutions
34 Hygiene Health for the cost and charges of transportation of
35 Code is amended to read:
35 persons to state hospitals shall be remitted by the department
36
7277. The Department of Mental Hygiene Health shall col-
36 to the State Treasury for credit to, and shall become a part
37 lect all the costs and charges mentioned in Section 7275, and
37 of, the current appropriation from the General Fund of the
38 shall determine, pursuant to Section 7275, and collect the
38 state for the transportation of the mentally disordered, cor-
39 charges for care and treatment rendered persons in any com-
39 rectional school, or other state hospital patients and shall be
40 munity mental hygiene clinics maintained by the department
40 available for expenditure for such purposes. In lieu of exact
41 and may take such action as is necessary to effect their collec-
41 calculations of moneys collected for transportation charges
42 tion within or without the state. The Director of Mental Hy-
42 the department may determine the amount of such collections
43 giene Health may, however, at his discretion, refuse to accept
43 by the use of such estimates or formula as may be approved
44 payment of charges for the care and treatment in a state hos-
44 by the Department of Finance.
45 pital of any mentally disordered person or inebriate who is
45
SEC. 526. Section 7284 of the Welfare and Institutions
46 eligible for deportation by the federal immigration authori-
46 Code is amended to read:
47 ties.
47
7284. If any incompetent person, who has no guardian and
48
SEC. 523. Section 7281 of the Welfare and Institutions
48 who has been admitted or committed to the Department of
49 Code is amended to read:
49 Mental Hygiene Health for placement in any state hospital
50 7281. There is at each institution under the jurisdiction
50 for the mentally disordered or the mentally retarded is the
51 of the Department of Mental Hygiene Health, a fund known
51 owner of any property, the Department of Mental Hygiene
52 as the patients' personal deposit fund. Any funds coming into
52 Health, acting through its designated officer, may apply to a
172 I I
- 173 -
1 court of competent jurisdiction for its appointment as guard-
1 may be invested only in bonds or obligations issued or guaran-
2 ian of the estate of such incompetent person.
2 teed by the United States or the State of California.
3
For the purposes of this section, the Department of Mental
3
The income and profits of each trust shall be the property
4 Hygicne Health is hereby made a corporation and may act as
4 of the estates participating and shall be distributed, when
5 executor, administrator, guardian of estates, assignee, receiver,
5 received, in proportion to the amount of participation of each
6 depositary or trustee, under appointment of any court or by
6 estate in such trust. The losses of each trust shall be the losses
7 authority of any law of this state, and may transact business
7 of the estates participating and shall be apportioned, as the
8 in such capacity in like manner as an individual, and for this
8 same occur, upon the same basis as income and profits.
9
purpose may sue and be sued in any of the courts of this state.
9
SEC. 529. Section 7287 of the Welfare and Institutions
10
If a person admitted or committed to the Department of
10 Code is amended to read:
11 Mental Hygiene Health dies, leaving any estate, and having
11
7287. Upon the death of an incompetent person over whom
12 no relatives at the time residing within this state, the Depart-
12 the Department of Montal Hygiene Health has obtained juris-
13 ment of Mental Hygiene Health may apply for letters of ad-
13 diction pursuant to Section 7284, the department may make
14 ministration of his estate, and, in the discretion of the court,
14 proper disposition of the remains, and pay for the disposition
15 letters of administration may be issued to the department.
15 of the remains together with any indebtedness existing at the
16 When the Department of Mental Hygiene Health is appointed
16 time of the death of such person from the assets of the guard-
17 as guardian or administrator, the department shall be ap-
17 ianship estate, and thereupon it shall file its final account with
18' pointed as guardian or administrator without bond. The offi-
18 the court or otherwise close its administration of the estate of
19 cer designated by the department shall be required to give a
19 such person.
20 surety bond in such amount as may be deemed necessary from
20
SEC. 530. Section 7288 of the Welfare and Institutions
21 time to time by the director, but in no event shall the initial
21 Code is amended to read:
22 bond be less than ten thousand dollars ($10,000), which bond
22
7288. Whenever it appears that a person who has been
23 shall be for the joint benefit of the several estates and the
23 admitted to a state institution and remains under the jurisdic-
24 State of California. The Department of Mental Hygiene Health
24 tion of the Department of Mental Hygiene Health does not
25 shall receive such reasonable fees for its services as such
25 have a guardian and owns personal property which requires
26 guardian or administrator as the court allows. The fees paid
26 safekeeping for the benefit of the patient, the Department of
27 to the Department of Mental Hygiene Health for its services
27 Mental Hygiene Health may remove or cause to be removed
28 as guardian or administrator of the various estates may be
28 such personal property from wherever located to a place of
29 used as a trust account from which may be drawn expenses for
29
safekeeping.
30 filing fees, bond premiums, court costs, and other expenses
30
Whenever it appears that such patient does not own prop-
31 required in the administration of the various estates. When-
31 erty of a value which would warrant guardianship proceedings,
32 ever the balance remaining in such trust fund account shall
32 the expenses of such removal and safekeeping shall be paid
33 exceed a sum deemed necessary by the department for the pay-
33 from funds appropriated for the support of the institution in
34 ment of said expenses, such excess shall be paid quarterly by
34 which the patient is receiving care and treatment; provided,
35 the department into the State Treasury to the credit of the
35 however, that if the sum on deposit to the credit of such
36 General Fund.
36 patient in the patients' personal deposit fund exceeds the sum
37
SEC. 527. Section 7285 of the Welfare and Institutions
37 of three hundred dollars ($300), the excess may be applied
38 Code is amended to read:
38 to the payment of such expenses of removal and safekeeping.
39
7285. The Department of Mental Hygiene Health may in-
39
When it is determined by the superintendent at any time
40
vest funds held as executor, administrator, guardian of estates,
40 after the removal for safekeeping of such personal property,
41 or trustee, in bonds or obligations issued or guaranteed by the
41 that the patient is incurable or is likely to remain in a state
42 United States or the State of California. Such investments
42 institution indefinitely, then any of those articles of personal
43 may be made and such bonds or obligations may be sold or
43 property which cannot be used by the patient at the institution
44 exchanged for similar bonds or obligations without notice or
44 may be sold at public auction and the proceeds therefrom shall
45 court authorization.
45 first be applied in reimbursement of the expenses SO incurred
46
SEC. 528. Section 7286 of the Welfare and Institutions
46 and the balance shall be deposited to the patient's credit in
47 Code is amended to read:
47 the patients' personal deposit fund. All moneys SO received as
48
7286. The Department of Mental Hygiene Health may
48 reimbursement shall be deposited in the State Treasury in
49 establish one or more common trusts for investment of funds
49 augmentation of the appropriation from which the expenses
50 held as executor, administrator, guardian of estates, or trustee
50
were paid.
51 and may designate from time to time the amount of partici-
51
SEC. 531. Section 7289 of the Welfare and Institutions
52 pation of each estate in such trusts. The funds in such trusts
52
Code is amended to read:
- 174
175
1
7289. When a person who is a patient of a state hospital
2 in the Department of Mental Hygiene Health has no guardian
1
SEC. 534. Section 7293 of the Welfare and Institutions
3 and has money due or owing to him, the total amount of which
2 Code is amended to read:
4 does not exceed the sum of three thousand dollars ($3,000), the
3
7293. The Department of Mental Hygiene Health shall pre-
5 superintendent of the institution of which the person is a
4 sent to the county, not more frequently than monthly, a claim
6 patient may collect any money SO due or owing upon furnish-
5 for the amount due the state under Section 7291 which the
7 ing to the person, representative, officer, body or corporation in
6 county shall process and pay pursuant to the provisions of
8 possession of or owing any such sums, an affidavit executed by
7 Chapter 4 (commencing with Section 29700) of Division 3 of
9 the superintendent or acting superintendent. The affidavit shall
8 Title 3 of the Government Code.
10 contain the name of the institution of which the person is a
9
SEC. 535. Section 7294 of the Welfare and Institutions
11 patient, and the statement that the total amount of such sums
10 Code is amended to read:
12 known to be due to the person does not exceed the sum of three
11
7294. Any person who has been committed as a defective or
13 thousand dollars ($3,000). Payments from retirement systems
12 psychopathic delinquent may be paroled or granted a leave of
14 and annuity plans which are due or owing to such patients may
13 absence by the medical superintendent of the institution
15 also be collected by the superintendent of the institution of
14 wherein the person is confined whenever the medical superin-
16 which the person is a patient, upon the furnishing of an affi-
15 tendent is of the opinion that the person has improved to
17 davit executed by the superintendent or acting superintendent,
16 such an extent that he is no longer a menace to the health and
18 containing the name of the institution of which the person is a
17 safety of others or that the person will receive benefit from
19 patient and the statement that such person is entitled to re-
18 such parole or leave of absence, and after the medical super-
20 ceive such payments. Such sums shall be delivered to the super-
19 intendent and the Director of Mental Hygiene Health have
21 intendent and shall be deposited by him in the patients' per-
20 certified such opinion to the committing court.
22 sonal deposit fund as provided in Section 7281 of this code.
21
If within 30 days after the receipt of such certification the
23
The receipt of such superintendent shall constitute sufficient
22 committing court orders the return of such person, the person
24 acquittance for any payment of money made pursuant to the
23 shall be returned forthwith to await further action of the court.
25 provisions of this section and shall fully discharge such person,
24 If within 30 days after the receipt of such certification the
26 representative, officer, body or corporation from any further
25 committing court does not order the return of the person to
27 liability with reference to the amount of money SO paid.
26 await the further action of the court, the medical superin-
28
The superintendent of each institution shall render such re-
27 tendent may thereafter parole the person under such terms
29 ports and accounts annually or more often as may be required
28 and conditions as may be specified by the superintendent. Any
30 by the Department of Mental Hygiene Health or the Depart-
29 such paroled inmate may at any time during the parole period
31 ment of Finance of all moneys of patients deposited in the
30 be recalled to the institution. The period of parole shall in no
32 patients' personal deposit accounts of the institution.
31 case be less than five years, and shall be on the same general
33
SEC. 532. Section 7290 of the Welfare and Institutions
32 rules and conditions as parole of the mentally disordered.
34 Code is amended to read
33
When any person has been paroled for five consecutive years,
35
7290. The Department of Mental Hygiene Health may en-
34 if in the opinion of the medical superintendent and the Direc-
36 ter into a special agreement, secured by a properly executed
35 tor of Mental Hygiene Health the person is no longer a menace
37 bond, with the relatives, guardian, or friend of any patient
36 to the health, person, or property of himself or of any other
38 therein, for his care, support, maintenance, or other expenses
37 person, the medical superintendent, subject to the approval of
39 at the institution. Such agreement and bond shall be to. the
38 the Director of Mental Hygiene Health, may discharge the
40 people of the State of California and action to enforce the same
39 person. The committing court shall be furnished with a certi-
41 may be brought thereon by the department. All charges due
40 fied copy of such discharge and shall thereupon make such
42 under the provisions of this section, including the monthly
41 disposition of the court case as it deems necessary and proper.
43 rate for the patient's care and treatment as established by or
42
When, in the opinion of the medical superintendent, a per-
44 pursuant to law, shall be collected monthly. No patient, how-
43 son heretofore committed as a defective or psychopathic de-
45 ever, shall be permitted to occupy more than one room in any
44 linquent will not benefit by further care and treatment under
46 state institution.
45 any facilities of the department and should be returned to the
47
SEC. 533. Section 7292 of the Welfare and Institutions
46 jurisdiction of the court, the superintendent of the institution
48 Code is amended to read
47 and the Director of Mental Hygiene Health shall certify such
49
7292. The cost of such care shall be determined and fixed
48 opinion to the committing court including therein a report,
50 from time to time by the Director of Mental Hygiene Health,
49 diagnosis and recommendation concerning the person's future
51 but in no case shall it exceed the rate of forty dollars ($40)
50 care, supervision or treatment. Upon receipt of such certifica-
52 per month.
51 tion, the committing court shall forthwith order the return
52 of the person to the court. The person shall be entitled to a
- 176
- 177 -
1 court hearing and to present witnesses in his own behalf, to
1
Persons SO transferred shall not be subject to the provisions
2 be represented by counsel and to cross-examine any witness
2
of Section 4500, 4501, 4501.5, 4502, 4530, or 4531 of the Penal
3 who testifies against him. After considering all the evidence
3 Code. However, they shall be subject to the general rules of
4 before it, the court may make such further order or commit-
4 the Director of Corrections and of the facility where they are
5 ment with reference to such person as may be authorized by
5 confined and any correctional employee dealing with such
6 law.
6 persons during the course of an escape or attempted escape,
7
SEC. 536. Section 7300 of the Welfare and Institutions
7 a fight or a riot, shall have the same rights, privileges and
8 Code is amended to read
8
immunities as if the person transferred had been committed to
9
7300. It shall be the policy of the department to make
9 the Director of Corrections.
10
available to all persons admitted to a state hospital prior to
10
Whenever a person is transferred to an institution under
11 July 1, 1969, and to all persons judicially committed or
11 the jurisdiction of the Department of Corrections pursuant
12 remanded to its jurisdiction all of the facilities under the
12 to this section, any report, opinion, or certificate required or
13 control of the department. Whenever, in the opinion of the
13
authorized to be filed with the court which committed such
14 Director of Mental Hygiene Health, it appears that a person
14 person to a state hospital, or ordered such person placed
15 admitted prior to July 1, 1969, or that a person judicially
15 therein, shall be prepared and filed with the court by the head
16 committed or remanded to the Department of Mental Hygiene
16
of the institution in which the person is actually confined or
17 Health for placement in an institution would be benefited by
17
by the designee of such head.
18 a transfer from that institution to another institution in the
18
SEC. 538. Section 7302 of the Welfare and Institutions
19 department, the director may cause the transfer of the patient
19
Code is amended to read:
20 from that institution to another institution under the jurisdic-
20
7302. Patients admitted to a state hospital prior to July
21 tion of the department. Preference shall be given in any such
21
1, 1969, and all patients judicially committed or remanded,
22 transfer to an institution in an adjoining rather than a remote
22
may be transferred to a like institution at the request of rela-
23 district.
23 tives or friends, if there is room in the like institution to which
24
However, before any inmate of a correctional school may
24 transfer is sought and if the Department of Mental Hygiene
25 be transferred to a state hospital for the mentally disordered
25
Health and the medical directors of the institutions from
26 he shall first be returned to a court of competent jurisdiction,
26
which and to which the transfer is to be made consent thereto.
27 and, if subject to commitment, after hearing, may be com-
27 The expense of such transfer shall be paid by such relatives
28 mitted to a state hospital for the mentally disordered in ac-
28
or friends.
29 cordance with law.
29
SEC. 539. Section 7303 of the Welfare and Institutions
30
The expense of such transfers is chargeable to the state,
30
Code is amended to read:
31
and the bills for the same, when approved by the Director of
31
7303. Whenever a person, committed to the care of the
32 Mental Hygiene Health, shall be paid by the Treasurer on the
32 Department of Mental Hygiene Health under one of the com-
33
warrant of the Controller, out of any moneys provided for the
33 mitment laws which provides for reimbursement for care and
34 care or support of the patients or out of the moneys provided
34
treatment to the state by the county of commitment of such
35 for the support of the department, in the discretion of the
35 person, is transferred under Section 7300 to an institution
36
department.
36
under the jurisdiction of the department where the state rather
37
SEC. 537. Section 7301 of the Welfare and Institutions
37
than the county is liable for the support and care of patients,
38
Code is amended to read:
38 the county of commitment may have the original commitment
39
7301. Whenever, in the opinion of the Director of Mental
39
vacated and a new commitment issued, designating the insti-
40 Hygiene Health and with the approval of the Director of Cor-
40
tution to which the person has been transferred, in order to
41
rections, any person who has been committed to a state hospital
41
absolve the county from liability under the original com-
42 pursuant to provisions of the Penal Code or who has been
42
mitment.
43
placed in a state hospital temporarily for observation pursuant
43
SEC. 540. Section 7304 of the Welfare and Institutions
44 to, or who has been committed to a state hospital for an inde-
44
Code is amended to read:
45 terminate period pursuant to Article 1 (commencing with Sec-
45
7304. Whenever a person, committed to the Department
46 tion 6300) of Chapter 2 of Part 2 of Division 6 of this code
46
of Mental Hygiene Health under one of the commitment laws
47 needs care and treatment under conditions of custodial secu-
47
providing for no reimbursement for care and treatment to the
48 rity which can be better provided within the Department of
48
state by the county of commitment, is transferred under Sec-
49 Corrections, such person may be transferred for such purposes
49
tion 6700 to an institution under the jurisdiction of the de-
50 from an institution under the jurisdiction of the Department
50 partment where the county is required to reimburse the state
51 of Mental Hygiene Health to an institution under the jurisdic-
51 for such care and treatment, the Department of Mental Hy-
52 tion of the Department of Corrections.
12-80068-C
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- 179 -
1 giene Health may have the original commitment vacated and
2 a new commitment issued, designating the institution to which
1 the court in which the crime is charged to another institution
4 3 the person has been transferred, in order to make the county
2 under the jurisdiction of the Department of Mental Hygiene
liable for the care and treatment of the committed person to
3 Health or the Department of Corrections, the state rather than
5 the extent provided by Sections 7511 and 7512 of the Welfare
4 the county of commitment shall bear the subsequent cost of
6 and Institutions Code.
5 supporting and caring for such person.
7
SEC. 541. Section 7305 of the Welfare and Institutions
6
SEC. 544. Section 7352 of the Welfare and Institutions
8 Code is amended to read:
7 Code is amended to read:
9
7305. A mentally retarded patient in a state hospital shall
8
7352. The medical director of a state hospital for the men-
10 not be transferred by the Department of Mental Hygiene
9 tally disordered or mentally retarded may grant a leave of
11 Health to a different state hospital without the consent of his
10 absence to any mentally retarded patient or judicially com-
13 12 parent, or guardian, if any.
11 mitted patient, except as provided in Section 7350, under
SEC. 542. Section 7325 of the Welfare and Institutions
12 general conditions prescribed by the Department of Mental
14 Code is amended to read:
13 Hygiene Health
15
7325. When any patient committed by a court to a state
14
The Department of Mental Hygiene Health may continue to
17 16 hospital or other institution on or before June 30, 1969, or
15 render services to patients placed on leave of absence prior to
when any patient who is judicially committed on or after
16 July 1, 1969, to the extent such services are authorized by law
18 19 July 1, 1969, or when any patient who is involuntarily de-
17 in effect immediately preceding July 1, 1969.
tained pursuant to Part 1 (commencing with Section 5000) of
18
SEC. 545. Section 7355 of the Welfare and Institutions
20 Division 5 escapes from any state hospital, any hospital or
19 Code is amended to read
21 facility operated by or under the Veterans' Administration
20
7355. No patient shall be discharged or granted a leave of
23 22 of the United States government, or any facility designated by
21 absence from a state hospital without suitable clothing adapted
a county pursuant to said Part 1, or when a judicially com-
22 to the season in which he is discharged; and, if it cannot other-
24 mitted patient's return from leave of absence has been
23 wise be obtained, the superintendent, under general conditions
25 thorized or ordered by the Department of Mental Hygiene au-
24 prescribed by the Department of Mental Hygiene Health shall
27 26 Health or the facility of the Veterans' Administration,
25 furnish such clothing and money, not exceeding fifty dollars
peace officer, upon written request of the state hospital, vet- any
26 ($50) to defray the necessary expenses of such patient who is
28 erans' facility, or the facility designated by a county, shall
27 going on leave of absence or is to be discharged until he can
29 without the necessity of a warrant or court order, or any officer
28 reach his relatives or friends, or find employment to earn a
30 or employee of the Department of Mental Hygiene Health
29 subsistence.
31 designated to perform such duties may, apprehend, take into
30
The superintendent may, under general conditions prescribed
32 custody and deliver him to the state hospital or to a facility of
31 by the Department of Mental Hygiene Health, furnish to
33 the Veterans' Administration, or the facility designated by a
32 patients while on leave of absence such incidental moneys, sup-
35 ment of Mental Hygiene Health, or by the Veterans' Adminis-
34 county, or to any person or place authorized by the Depart-
33 plies or services as are necessary and advisable in the care, su-
34 pervision and rehabilitation of such patients on leave of
36 tration, or the local director of the county mental health
35 absence. Payments therefor shall be made from funds available
37 gram of the county in which is located the facility designated pro-
36 for support of patients in the state hospital or hospitals from
38 by the county, as the case may be, to receive him. Every officer
37 which such patients have been granted a leave of absence.
39 or employee of the department designated to apprehend or re-
38
SEC. 546. Section 7356 of the Welfare and Institutions
40 turn such patients shall have the powers and privileges of
39 Code is amended to read:
41 officers SO far as necessary to enforce the provisions of this peace sec-
40
7356. The charges for the care and keeping of persons on
42 tion.
41 leave of absence from a state hospital where the Department of
43
44 sons specified in Section 830.1 of the Penal Code.
As used in this section "any peace officer" means the per-
42 Mental Hygiene Health or the Department of Social Welfare
43 pays for such care shall be a liability of such person, his estate,
46 is amended to read:
45 SEC. 543. Section 7328 of the Welfare and Institutions Code
44 and relatives, to the same extent that such liability exists for
45 patients in state hospitals.
47
7328. Whenever a person, committed to an institution sub-
46
The Department of Mental Hygiene Health shall collect or
48 ject to the jurisdiction of the Department of Mental Hygiene
47 adjust such charges in accordance with Article 4 (commencing
49 Health under one of the commitment laws which provides for
48 with Section 7275) of Chapter 3 of this division.
50 reimbursement for care and treatment to the state by the
49
SEC. 547. Section 7357 of the Welfare and Institutions
51 county of commitment of such person, is accused of committing
50 Code is amended to read:
52 a crime while confined in such institution and is committed by
51
7357. The superintendent of a state hospital, on filing his
52 written certificate with the Director of Mental Hygiene Health,
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- 180 -
1 may discharge any patient who, in his judgment, has recovered
1 treatment, and training in a state hospital for the mentally
2
or was not, at time of admission, mentally disordered.
2 retarded. If any person SO admitted is found to be mentally
3
SEC. 548. Section 7359 of the Welfare and Institutions
3 retarded and a proper case for institutional care, treatment,
4 Code is amended to read:
4 and training, application may be made to the superior court
5
7359. The superintendent of a state hospital, on filing his
5 for an order of commitment of the person to a state hospital
6 written certificate with the Director of Mental Hygiene Health,
6 for the mentally retarded.
7
SEC. 552. Section 7509 of the Welfare and Institutions
7 may discharge as improved, or may discharge as unimproved,
8 as the case may be, any judicially committed patient who is not
8 Code is amended to read:
9
9 recovered, but whose discharge, in the judgment of the super-
7509. The Department of Mental Hygiene Health shall pre-
10 intendent, will not be detrimental to the public welfare, or
10 scribe and publish instructions and forms, in relation to the
11 injurious to the patient.
11 commitment and admission of patients, and may include in
12
SEC. 549. Section 7362 of the Welfare and Institutions
12 them such interrogatories as it deems necessary or useful. Such
13 instructions and forms shall be furnished to anyone applying
13 Code is amended to read:
14
7362. The medical superintendent of a state hospital, on
14 therefor, and shall also be sent in sufficient numbers to the
15 filing his written certificate with the Director of Mental Hy-
15 county clerks of the several counties of the state.
16 giene Health, may on his own motion, and shall on the order of
16
SEC. 553. Section 7511 of the Welfare and Institutions
17 the Department of Mental Hygiene Health, discharge any
17 Code is amended to read:
18 patient who comes within any of the following descriptions:
18
7511. The portion of the cost of such care payable by the
19
(a) Who is not a proper case for treatment therein.
19 county for mentally retarded persons placed in state hospitals
20
(b) Who is mentally deficient or is affected with a chronic
20 prior to July 1, 1971, shall be determined by the Department
21 harmless mental disorder.
21 of Mental Hygiene Health from time to time, subject to the
22
Such person, when discharged, shall be returned to the
22 approval of the Department of Finance, but in no case shall it
23 county of his residence at the expense of such county, and
23 exceed the rate of twenty dollars ($20) per month.
24 delivered to the sheriff or other appropriate county official to
24
SEC. 554. Section 7512 of the Welfare and Institutions
25 be designated by the board of supervisors, for delivery to the
25 Code is amended to read:
26 official or agency in that county charged with the responsi-
26
7512. The Department of Mental Hygiene Health shall pre-
27 bility for such person. Should such person be a poor and indi-
27 sent to the county, not more frequently than monthly, a claim
28 gent person, he shall be cared for by such county as are other
28 for the amount due the state under Section 7510 which the
29 indigent poor.
29 county shall process and pay pursuant to the provisions of
30
No person who has been discharged from any state hospital
30 Chapter 4 (commencing with Section 29700) of Division 3 of
31 under the provisions of subdivision (b) above shall be again
31 Title 3 of the Government Code.
32 committed to any state hospital for the mentally disordered
32
SEC. 555. Section 7514 of the Welfare and Institutions
33 unless he is subject to judicial commitment.
33 Code is amended to read:
SEC. 550. Section 7503 of the Welfare and Institutions
34
7514. The Department of Mental Hygiene Health may
34
35 Code is amended to read:
35 transfer any patient of a state hospital for the mentally re-
7503. The object of each home is such care, training, and
36 tarded to another state hospital for the mentally retarded, at
36
37 education of the persons committed thereto as will render them
37 any time and from time to time, upon the application of the
38 more comfortable and happy and better fitted to care for and
38 parent, guardian, or other person charged with the support of
39 support themselves. To this end the Department of Mental
39 such patient, if the expenses of the transfer are paid by the
40 Hygiene Health shall furnish them with such agricultural and
40 applicant. The liability of any estate, person, or county for
41 mechanical education as they are capable of receiving and that
41 the care, support and maintenance of such patient in the in-
42 the facilities offered by the state allow, including farmwork,
42 stitution to which he is transferred shall be the same as if he
43 shops, and the employment of trade teachers.
43 had originally been committed to such institution.
44
SEC. 551. Section 7508 of the Welfare and Institutions
44
SEC. 556. Section 7515 of the Welfare and Institutions
45 Code is amended to read:
45 Code is amended to read:
7508. The Department of Mental Hygiene Health may au-
46
46
7515. The superintendent may, with the approval of the
47 thorize the superintendent of each state hospital mentioned in
47 Department of Mental Hygiene Health, cause the peremptory
48 Section 7500 to admit persons suspected of being mentally
48 discharge of any person who has been a patient for the period
49 retarded thereto, temporarily, without commitment, under
49 of one, month.
50 rules and regulations prescribed by the department, for pur-
50
SEC. 557. Section 7517 of the Welfare and Institutions
51 poses of observation and diagnosis, to ascertain whether or not
51 Code is amended to read:
52 they are actually mentally retarded and proper cases for care,
- 183 -
- 182 -
1
7517. The superintendent of each state hospital for the
1 tute or to the Department of Mental Hygicne Health for place-
2 mentally retarded shall, on or before the fifth day of each
2 ment therein. All admissions shall be for temporary observa-
3 month, prepare a true and correct report, verified by oath, of
3 tion, research, diagnosis and treatment purposes as determined
4 all patients supported, cared for, trained, and educated in the
4 by the medical director; in the cases of transfer from another
5 hospital for the preceding month, whose support, care, train-
5 institution the patients SO transferred may be returned upon
6 ing, and education in such hospital are to be paid for by the
6 the completion of the study, diagnosis or treatment to an in-
7 several counties from which they came. This report shall give
7 stitution of the type from which they came.
8
8 the names and counties from which committed of all such
There shall be conducted and maintained in conjunction
9
9 patients, and the name of the committing judge. Copies of this
with the hospital unit an outpatient unit.
10
10 report shall be filed in the offices of the Department of Finance,
The charges for the care and treatment rendered to each
11 the Controller, the State Treasurer, and the Department of
11 person admitted to the hospital, including the outpatient clinic,
12 Mental Hygiene Health but shall not be printed, or used, nor
12 and the liability for such charges shall be determined and
13 permitted to be used, for any other purpose than the special
13 collection, or adjustment of charges made, in the same manner
14 information of the officers designated. The superintendent shall
14 as is provided by law for patients admitted to other state
15
15 also, within the time above designated, prepare a report, veri-
hospitals.
16
16 fied by his oath, showing substantially the facts set forth in
The department regents shall establish such rules and regu-
17 the above report, which shall be filed with the county auditors
17 lations as are necessary properly to carry out the provisions
18 of the several counties from which the commitments have been
18 of this chapter.
19
SEC. 561. Section 7554 of the Welfare and Institutions
19 made to the institution, showing the name of each patient sup-
20
20 ported, and for which such county is liable to the state for
Code is repealed.
21
21 support and maintenance.
7551. The Regents of the University of California deeded
22
22
SEC. 558. Section 7551 of the Welfare and Institutions
unconditionally to the Department of Mental Hygiene the land
23 Code is amended to read
23 upon which the Langley Porter Neuropsychiatrie Institute is
24
7551. The institute shall be operated and maintained pur-
24 constructed. The purpose of the deed of gift was to provide
25
suant to a coordinating plan and agreement entered into by
25 for the state a suitable site whereon through the agency of the
26 the Regents of the University of California and the Depart-
26 Department of Mental Hygiene there might be constructed,
27 ment of Mental Hygiene
27 and thereafter maintained and operated, an acute neuropsychi-
28
SEC. 559. Section 7552 of the Welfare and Institutions
28 atrie hospital unit. There has been constructed upon that land
29
Code is repealed.
29 the Langley Porter Neuropsychiatrie Institute. It was the fur-
30
7552. The Department of Mental Hygiene may enter into
30 ther purpose of the regents to enable the state, through the
31 such agreements with the Regents of the University of Cali-
31 Department of Mental Hygiene, to develop as far as possible
32 fornia as are necessary or appropriate to carry out the pro-
32 preventive work in the field of mental disorders, and to make
33
33 visions of Chapter 5 (commencing with Section 7600) of this
full provision for the diagnosis of such disorders in their in-
34
34
part.
cipient and earliest stages with a view to instituting timely and
35
The Department of Mental Hygiene may establish rules and
35 more effective treatment. It was the further purpose of the re-
36
regulations for the institute that are not in conflict with Chap-
36 gents to insure to the state through the proximity of the Lang-
37 ter 5 (commeneing with Section 7600) of this part or the
37 ley Porter Nouropsychiatrie Institute to the Medical Center of
38
agreement provided for in this section.
38 the University of California, full opportunity for consultation
39
SEC. 560. Section 7553 of the Welfare and Institutions
39 with the university's personnel at the medical center, and to
40 Code is amended to read:
40 provide opportunities for the state and the University of Cali-
41
7553. The Langley Porter Neuropsychiatric Institute shall
41 fornia to cooperate in prevention, diagnosis, treatment and
42 be conducted and maintained for the purpose of treating in-
42 promotion of research in the field of mental disorder, and
43 cipient and acute mental and nervous cases. Admissions may
43 advancement of the learning and knowledge of students of the
44 be on a voluntary basis after approval by the medical director,
44 university; and others whose work lies in the fields of surgery
45 or on transfer from another an institution under the jurisdic-
45 and medicine, and, in particular, in those branches of medical
46 tion of the department Department of Health after approval
46 science which have to do with mental and nervous diseases and
47 by the Director of Mental Hygiene Health, or on an involun-
47 disorders. It is, therefore, the intent of the Legislature that
48 tary basis under the Lanterman-Petris-Short Act, Part 1 (com-
48 all the facilities and services of the Department of Mental
49 mencing with Section 5000), of Division 5, after approval by
49 Hygiene at the Langley Porter Neuropsychiatrie Institute be
50 the medical director and the Director of Mental Hygiene
50 made available to the Regents of the University of California
51 Health. No person shall be committed or remanded by a court
51 at the desire of the Department of Mental Hygiene to make
52 either directly to the Langley Porter Neuropsychiatric Insti-
52 such facilities and services available. It is further the intent
184
- 185
1 of the Legislature that all the facilities and services of the
1
SEC. 565. Section 7559 of the Welfare and Institutions
2 University of California Medical School be made available to
2 Code is amended to read:
3 the Department of Mental Hygiene at the Langley Porter Neu-
3
7559. There shall be a superintendent and medical director
4 ropsychiatrie Institute upon the desire of the Regents of the
4 of the institute. He shall be appointed by the Director of
5 University of California to make such facilities and services
5 Mental Hygiene with the prior approval of the Regents of the
6 available to the department.
6 University of California. The superintendent and medical
7
SEC. 562. Section 7555 of the Welfare and Institutions
7 director of the institute shall be a person who has demon-
8
Code is amended to read
8 strated by his past experience his qualifications in teaching
9
7555. The Regents of the University of California shall
9 and research in the fields of psychiatry and neurology, and in
10 have the exclusive right and privilege of rendering professional
10 addition has the qualifications required for the superintendents
11 and administrative consultant services to the Langley Porter
11 of state hospitals under the jurisdiction of the Department of
12 Neuropsychiatric Institute. When the services rendered to the
12 Mental Hygiene Health. In addition to the usual duties re-
13 Langley Porter Neuropsychiatrie Institute by the Regents of
13 quired of superintendents of state hospitals under the juris-
14 the University of California have been rendered at the request
14 diction of the department, the superintendent and medical
15 and initiation of the regents, then the regents shall be liable
15 director shall be responsible for the integration of the insti-
16 for any expense incurred in rendering such services. If, how-
16 tute's operation with the teaching and research program of
17 ever, the services are rendered by the regents at the request
17 the university.
18 of the Department of Mental Hygiene, then the regents may
18
Prospective applicants for the position of superintendent
19 refuse to render such services unless the expense be borne by
19 and medical director shall be given an examination prepared
20 the Department of Mental Hygiene.
20 by the Personnel Board together with the Director of Mental
21
SEC. 563. Section 7556 of the Welfare and Institutions
21 Hygiene or any medical superintendent that he shall desig-
22 Code is amended to read:
22 nate, and the Dean of the School of Medicine of the Univer-
23
7556. The Regents of the University of California shall
23 sity of California, San Francisco, or such member of the
24 have the exclusive right and privilege, except as hereinafter
24 faculty of the school of medicine as the dean shall designate,
25 mentioned, of providing for the Langley Porter Neuropsy-
25 in consultation with a representative of the State Personnel
26 chiatric Institute and carrying on and conducting therein
26 Board Regents of the University of California The questions
27 such teaching services as it may deem desirable and of deter-
27 contained in such examination shall weigh the qualifications
28 mining the scope of such teaching services and supervising and
28 and experience of prospective applicants in hospital admin-
29 administering the teaching services SO provided or conducted
29 istration, in the field of teaching, and in the organization and
30 by it. The regents shall have the exclusive right and privilege
30 successful prosecution of meritorious research projects.
31 of supervising the clinical care of patients at said Langley
31
Nothing contained in this chapter shall prevent the making
32 Porter Neuropsychiatric Institute for the purpose of rendering
32 of a temporary appointment of a superintendent and medical
33 such teaching services effective. The Regents of the University
33 director pending the holding of an examination to qualify a
34 of California may make available to students of the University
34 list of persons eligible to be appointed to the position.
35 of California and to such other person or persons as the
35
SEC. 566. Section 7603 of the Welfare and Institutions
36 regents in its sole discretion may deem desirable, such teaching
36 Code is amended to read:
37 services. Nothing in this section shall be construed to prevent
37
7603. The institute shall be operated and maintained pur-
38 the Department of Mental Hygiene from providing for its
38 suant to to coordinating plan and agreement entered into by
39 employees such teaching services as in its sole discretion it
39 the Regents of the University of California and the Depart-
40 shall or may deem desirable.
40 ment of Mental Hygiene
41
SEC. 564. Section 7558 of the Welfare and Institutions
41
SEC. 567. Section 7604 of the Welfare and Institutions
42 Code is amended to read:
42 Code is amended to read:
43
7558. The Regents of the University of California shall
43
7604. The institute shall be conducted and maintained for
44 have the exclusive right and privilege of conducting at the
44 diagnosis and treatment and for teaching and research in the
45 Langley Porter Neuropsychiatric Institute such research or
45 field of neuropsychiatry and mental retardation to the end
46 study projects as in its sole discretion it may desire to con-
46 that critical shortages of trained personnel will be relieved
47 duct, and of supervising the conducting thereof, and of pub-
47 and with the expectation that through research more rapid and
48 lishing the results obtained from such projects but nothing in
48 economical treatment and preventive methods concerning
49 this paragraph shall be construed to deny the Department of
49 mental disorders and retardation will be developed. The Uni-
50 Mental Hygiene the right to conduct such research projects by
50 versity of California shall utilize the facilities of the institute
51 its employees as it may deem desirable.
51 for teaching, research, and training in the field of neuropsy-
52 chiatry and mental retardation. The Department of Mental
- 186
187 -
1 Hygiene shall utilize the facilities of the institute for the care
1 usual duties required of superintendents of state hospitals
2 of patients as defined in Section 4025, and for such research
2 under the jurisdiction of the department, the superintendent
3 and training as it may undertake in the field of neuropsychi-
3 and medical director shall be responsible for the integration of
4 atry and mental retardation. Admissions may be on a volun-
4 the institute's operation with the teaching and research pro-
5 tary basis after approval by the medical director, or on trans-
5 gram of the university.
6 fer from another an institution under the jurisdiction of the
6
Prospective applicants for the position of superintendent
7 department Department of Health after approval by the Di-
7 and medical director shall be given an oral examination by
8 rector of Mental Hygiene Health, or on an involuntary basis
8 (1) the Director of Mental Hygiene or the chief deputy
9 under the Lanterman-Petris-Short Act, Part 1 (commencing
9 director or other deputy director of the Department of Men-
10 with Section 5000) of Division 5, after approval by the medi-
10 tal Hygiene designated by the Director of Mental Hygiene,
11 cal director and the Director of Mental Hygiene Health. No
11 (2) the Chancellor of the University of California, San Fran-
12 person shall be committed either directly to the Langley
12 cisco, or any member of the medical faculty of that campus
13 Porter Neuropsychiatric Institute or to the Department of
13 he shall designate ; and (3) a representative of the Regents of
14 Mental Hygiene Health for placement therein. All admissions
14 the University of California third examiner chosen by mutual
15 shall be for temporary observation, research, diagnosis and
15 agreement of the director and the chancellor. The three ex-
16 treatment purposes as determined by the medical superin-
16 aminers shall formulate the terms, conditions and content of
17 tendent; in the cases of transfer from another institution, the
17 the examination in consultation with a representative of the
18 patients SO transferred may be returned, upon the completion
18 State Personnel Board.
19 of the study, diagnosis, or treatment, to an institution of the
19
Nothing contained in this chapter shall prevent the making
20 type from which they came.
20
of a temporary appointment of a superintendent and medical
21
There shall be conducted and maintained in conjunction
21 director with concurrence of the Director of Mental Hygiene
22 with the hospital unit an outpatient unit.
22 and the Chancellor of the University of California; San Fran-
23
The charges for the care and treatment rendered to each
23 cisco, in consultation with a representative of the State Per-
24 person admitted to the hospital, including the outpatient
24
sonnel Board pending the holding of an examination to qualify
25 clinic, and the liability for such charges shall be determined
25
a list of persons eligible to be appointed to the position
26 and collection, or adjustment of charges made, in the same
26
SEC. 570. Section 7701 of the Welfare and Institutions
27 manner as is provided by law for patients admitted to other
27
Code is repealed.
28 state hospitals.
28
7701. The Regents of the University of California shall
29
The department regents shall establish such rules and regu-
29 grant to the Department of Mental Hygiene the right to oc-
30 lations as are necessary properly to carry out the provisions
30 cupy the institute, which shall be known as the Neuropsychi-
31 of this chapter.
31 atric Institute, U.C.L.A. Medical Center. The period and extent
32
SEC. 568. Section 7605 of the Welfare and Institutions
32 of occupancy shall be determined in the agreement provided
33
Code is repealed.
33 for in Section 7702.
34
7605. The Department of Mental Hygiene may enter into
34
SEC. 571. Section 7702 of the Welfare and Institutions
35 such agreements with the Regents of the University of Cali-
35 Code is amended to read:
36 fornia as are necessary or appropriate to carry out the pro-
36
7702. The institute, which shall be known as the Neuro-
37 visions of this chapter.
37
psychiatric Institute, U.C.L.A. Medical Center, shall be oper-
38
The Department of Mental Hygiene may establish rules and
38 ated and maintained pursuant to a coordinating plan and
39
regulations for the institute that are not in conflict with this
39 agreement entered into by the Regents of the University of
40
chapter or the agreement provided for in this section.
40 California and the Department of Mental Hygiene.
41
SEC. 569. Section 7606 of the Welfare and Institutions
41
SEC. 572. Section 7703 of the Welfare and Institutions
42 Code is amended to read:
42
Code is repealed.
43
7606. There shall be a superintendent and medical di-
43
7703. The Department of Mental Hygiene may enter into
44 rector of the institute. He shall be appointed by the Director
44 such agreements with the Regents of the University of Cali-
45
of Mental Hygiene with the prior approval of the Regents of
45 fornia as are necessary or appropriate to carry out the pro-
46 the University of California. The superintendent and medical
46 visions of this chapter.
47 director of the institute shall be a person who has demon-
47
SEC. 573. Section 7704 of the Welfare and Institutions
48 strated by his past experience his qualifications in teaching
48
Code is repealed.
49 and research in the fields of psychiatry and related clinical
49
7701. The Department of Mental Hygiene may establish
50 sciences and in addition has the qualifications required for the
50 rules and regulations for the institute that are not in conflict
51 superintendents of state hospitals under the jurisdiction of
51 with this chapter or the agreement provided for in Section
52 the Department of Mental Hygiene Health In addition to the
52
7702.
- 188 -
- 189 -
1
SEC. 574. Section 7705 of the Welfare and Institutions
1
The charges for the care and treatment rendered to each
2. Code is amended to read:
2 person admitted to the hospital, including the outpatient clinic,
3
7705. There shall be a superintendent and medical director
3 and the liability for such charges shall be determined and
4 of the institute. He shall be appointed by the Director of
4 collection, or adjustment of charges made, in the same manner
5 Mental Hygiene with the prior approval of the Regents of the
5 as is provided by law for patients admitted to other state
6 University of California. The superintendent and medical di-
6 hospitals.
7 rector of the institute shall be a person who has demonstrated
7
SEC. 576. Section 8007 of the Welfare and Institutions
8 by past experience his qualifications in teaching and research
8 Code is amended to read:
9 in the fields of psychiatry and neurology, and in addition has
9
8007. When the public guardian makes application under
10 the qualifications required for superintendents of state hos-
10 Section 8006 of this code for guardianship or conservatorship
11 pitals under the jurisdiction of the Department of Mental
11 of the person and estate or person or estate of any person who
12 Hygiene Health In addition to the usual duties required of
12 is under the jurisdiction of the State Department of Mental
13 superintendents of state hospitals under the jurisdiction of the
13 Hygiene Health such application may be granted, if sufficient
14 department, the superintendent and medical director shall be
14 under said Section 8006, with the written consent of said de-
15 responsible for the integration of the institute's operation with
15 partment.
16 the teaching and research program of the university.
16 SEC. 577. Section 8051 of the Welfare and Institutions
17.
Prospective applicants for the position of superintendent
17 Code is amended to read:
18 and medical director shall be given an examination prepared
18
8051. Upon the recommendation of the superintendent of
19 by the Personnel Board together with the Director of Mental
19 the Langley Porter Clinic, the Department of Mental Hygiene
20 Hygiene or any medical superintendent that he shall designate,
20 Health may enter into contracts with the Regents of the Uni-
21 and by the Dean of the University of California Medical School
21 versity of California for the conduct, by either for the other,
22 at Los Angeles, or such member of the faculty of the medical
22 of all or any portion of the research provided for in this
23 school as the dean shall designate - in consultation with a rep-
23 chapter.
24 resentative of the State Personnel Board. The questions con-
24 SEC. 578. Section 8053 of the Welfare and Institutions
25 tained in such examination shall weigh the qualifications and
25 Code is amended to read:
26 experience of prospective applicants in hospital administra-
26
8053. The Department of Mental Hygiene Health with the
27 tion, in the field of teaching, and in the organization and suc-
27 approval of the Director of Finance may accept gifts or grants
28 cessful prosecution of meritorious research projects.
28 from any source for the accomplishment of the objects and
29
Nothing contained in this chapter shall prevent the making
29 purposes of this chapter. The provisions of Section 16302 of
30 of a temporary appointment of a superintendent and medical
30 the Government Code do not apply to such gifts or grants and
31 director pending the holding of an examination to qualify a
31 the money SO received shall be expended to carry out the pur-
32 list of persons eligible to be appointed to the position.
32 poses of this chapter, subject to any limitation contained in
33
SEC. 575. Section 7706 of the Welfare and Institutions
33 such gift or grant.
34 Code is amended to read:
34 SEC. 579. Section 8104 of the Welfare and Institutions
35
7706. The institute shall be conducted and maintained for
35 Code is amended to read:
36 the purpose of treating patients with organic and functional
36
8104. The Department of Mental Hygiene Health shall keep
37 disorders of the nervous system, and to further the respective
37 and maintain records necessary to identify any person who
38 educational, training and research programs of the university
38 comes within any of the provisions of this chapter. Such rec-
39 and the Department of Mental Hygiene.
39 ords shall be made available to the State Bureau of Criminal
40
All admissions to the institute shall be for observation,
40 Identification and Investigation upon request. The State Bu-
41 teaching. research, diagnosis, and treatment purposes as de-
41 reau of Criminal Identification and Investigation shall make
42 termined by the medical director. No person shall be admitted
42 such requests only with respect to its duties under Chapter 1
43 to the institute or transferred to the institute from any hos-
43 (commencing with Section 12000) of Title 2 of Part 4 of the
44 pital under the jurisdiction of the Department of Mental Hy-
44 Penal Code. Such records shall not be furnished or made avail-
45 giene Health unless the medical director of the institute ap-
45 able to any person unless the bureau determines that disclosure
46 proves such admission or transfer. Persons may be admitted
46 of any information in such records is necessary to carry out
47 on an involuntary basis under the Lanterman-Petris-Short Act,
47 its duties under Chapter 1 (commencing with Section 12000)
48 Part 1 (commencing with Section 5000) of Division 5, after
48 of Title 2 of Part 4 of the Penal Code.
49 approval by the medical director and the Director of Mental
49 SEC. 580. Section 8105 of the Welfare and Institutions
50 Hygiene Health.
50 Code is amended to read:
51
There shall be conducted and maintained in conjunction
51
8105. Upon request of the Department of Mental Hygiene
52 with the hospital unit an outpatient clinic.
52 Health, each public and private mental hospital, sanitarium,
- 190 -
- 191
1 and institution shall submit to the department such informa-
1
10053.5. The department Department of Health shall di-
2 tion with respect to mental patients and former mental pa-
2 rectly or through the county department provide protective
3 tients as the department deems necessary to carry out its duties
3 social services:
4 under Section 8104.
4
(a) For care of patients on leave of absence from state in-
5
SEC. 581. Section 8200 of the Welfare and Institutions
5 stitutions of the Department of Mental Hygiene Health ; and
6 Code is amended to read:
6
(b) When requested by the local director of mental health
7
8200. If provision is made by law of the United States for
7 services, to prevent unnecessary admission of persons to state
8 the administration by public agencies of this state of federal
8 mental institutions or to facilitate the release of patients for
9 appropriations for the welfare of the Indians in this state,
9 whom hospital care is not the appropriate treatment.
10 such state agencies may administer the expenditure of such
10
The department Department of Social Welfare, to the ex-
11 federal appropriations within the scope of their legal powers.
11 tent funds are appropriated and available shall pay for the
12
The State Department of Public Health shall administer
12 cost of providing for care in a private home, certified by the
13 the expenditure of all such federal appropriations for the
13 department Department of Health, for any patient on leave
14 care and hospitalization of, and for medical attention to, sick
14 of absence from a state hospital, or, when requested by local
15 or injured Indians and for the control and prevention of com-
15 director of mental health services any person who would other-
16 municable and infectious diseases and general sanitation among
16 wise be subject to admission thereto. The monthly rate for
17 the Indians in this state.
17 such private home care shall be set by the department Depart-
18
The State Department of Education shall administer the
18
ment of Social Welfare at an amount which will provide the
19 expenditure of such federal appropriations for the construc-
19 best possible care at minimum cost and also insure:
20 tion and maintenance of schools and the education of the
20
(a) That the leave patient will receive proper treatment and
21 Indians in this state.
21
may be expected to show progress in achieving the maximum
22
The State Department of Social Welfare shall administer
22
adjustment toward returning to community life; and
23 the expenditure of such federal appropriations for the relief
23
(b) That sufficient homes can be recruited to achieve the
24 of aged, infirm, and indigent Indians in this state.
24 stated objectives of this section.
Subject to such limitations as the law of the United States
25
25
To avoid duplication of effort and overlapping of services,
26
or the Secretary of the Interior lawfully imposes upon the
26 the Department of Social Welfare and It is the legislative in-
27
administration of such funds, the state departments above
27 tent, that the Department of Public Health shall develop
28 mentioned may expend the same for the purposes within their
28 working agreements so that regional centers now existing or
29 respective jurisdictions which the respective heads of the de-
29 as may be hereinafter created may make fullest possible use
30 partments deem best to conserve the interests and welfare of
30 of available resources in serving the mentally retarded in
31 all the Indians residing within the state.
31
regional centers now existing or as may be hereinafter created.
32
SEC. 582. Section 10051 of the Welfare and Institutions
32 In no event shall the monthly rate established by the depart-
33 Code is amended to read
33 ment Department of Social Welfare pursuant to this section
34
10051. "Public social services" means those activities and
34 be set at an amount which exceeds one hundred sixty dollars
35 functions of state and local government administered or super-
35 ($160).
36 vised by the department or the Department of Health and
36
SEC. 585. Section 10060 of the Welfare and Institutions
37 involved in providing aid or services or both to those people
37 Code is amended to read:
38 of the state who, because of their economic circumstances or
38
10060. "Regulations" includes but is not limited to stand-
39 ards of eligibility for aid and services, procedures necessary
39
social condition, are in need thereof and may benefit thereby.
40
SEC. 583. Section 10053 of the Welfare and Institutions
40 for the proper and efficient administration of public social
41 Code is amended to read:
41 services, and standards as to conditions which must be met by
42
10053. "Services" means those activities and functions per-
42 agencies or individuals subject to licensing or supervision by
43 formed by social work staff and related personnel of the de-
43 the department or the Department of Health.
44 partment Department of Health and county departments with
44
SEC. 586. Section 10062 is added to the Welfare and Insti-
45 or in behalf of individuals or families, which are directed
45 tutions Code, to read
toward the improvement of the capabilities of such individuals
46
10062. Notwithstanding any other provision of law, the
46
47 or families maintaining or achieving a sound family life, re-
47 Department of Health and the Director of Health shall have
48 habilitation, self-care, and economic independence.
48 those powers and duties conferred by state law upon the De-
SEC. 584. Section 10053.5 of the Welfare and Institutions
49 partment of Social Welfare and its director as is necessary
49
50 Code is amended to read:
50 to carry out the purposes imposed on it by this chapter.
51
SEC. 587. Section 10553 of the Welfare and Institutions
52
Code is amended to read:
193
192
1
1 printed in the California Administrative Code or California
10553. The director shall
2
2 Administrative Register
(a) Be responsible for the management of the department.
3
3
In adopting regulations the director shall strive for clarity
(b) Administer the laws pertaining to the administration
4
4
of language which may be readily understood by those ad-
of public social services aid.
5
5
ministering public social services aid or subject to such regula-
(c) Observe and report to the Governor on the conditions
6 tions.
6
of public social services aid throughout the state.
7
7
The rules of the department need not specify or include the
(d) Formulate, adopt, amend or repeal regulations and gen-
8
8
detail of forms, reports or records, but shall include the essen-
eral policies affecting the purposes, responsibilities, and juris-
9 diction of the department and which are consistent with law
9 tial authority by which any person, agency, organization, asso-
10 ciation or institution subject to the supervision or investiga-
10 and necessary for the administration of public social services
11
aid.
11 tion of the department is required to use, submit or maintain
12
12 such forms, reports or records.
All regulations heretofore adopted by the board shall remain
13
SEC. 590. Section 10554.1 is added to the Welfare and In-
13 in effect and shall be fully enforceable unless and until re-
14 stitutions Code, to read:
14
adopted, amended or repealed by the director.
15
10554.1. The Director of Health is the only person author-
15
(e) Perform such other duties as may be prescribed by law
16 ized to adopt regulations, orders, or standards of general ap-
16
and such other administrative and executive duties as have by
17
plication to implement, interpret, or make specific the law
17 other provisions of law been previously imposed upon the
18
enforced by the Department of Health, and such regulations,
18 board
19 orders, and standards shall be adopted, amended, or repealed
19
SEC. 588. Section 10553.1 is added to the Welfare and In-
20 by the director only in accordance with the provisions of
20 stitutions Code, to read:
10553.1. The Director of Health shall
21 Chapter 4.5 (commencing with Section 11371), Part 1, Divi-
21
22 sion 3, Title 2 of the Government Code, provided that regula-
22
(a) Administer the laws pertaining to the administration of
23 tions relating to services need not be printed in the California
23 services.
24 Administrative Code or California Administrative Register if
24
(b) Observe and report to the Governor on the condition
25 they are included in the publications of the department and
25 of services throughout the state.
26 are not promulgated pursuant to Section 16003, 16201, or
26
(c) Formulate, adopt, amend or repeal regulations and gen-
27
16309. If such regulations are promulgated pursuant to Sec-
27
eral policies affecting the purposes, responsibilities, and juris-
28
tion 16003, 16201 or 16309, they shall be printed in the Cali-
28 diction of the Department of Health and which are consistent
29 fornia Administrative Code or California Administrative Reg-
29 with law and necessary for the administration of services.
30 ister.
30
All regulations heretofore adopted by the director relating
31
In adopting regulations the Director of Health shall strive
31 to services shall remain in effect and shall be fully enforce-
32
for clarity of language which may be readily understood by
32 able unless and until readopted, amended or repealed by the
33
those administering services or subject to such regulations.
33
Director of Health.
34
The rules of the Department of Health need not specify or
34
(d) Perform such other duties as may be prescribed by law
35
include the detail of forms, reports or records, but shall in-
35
and such other administrative and executive duties as have by
36
clude the essential authority by which any person, agency,
36 other provisions of law been previously imposed upon the di-
37
organization, association or institution subject to the super-
37 rector.
38
vision or investigation of the Department of Health is required
38
SEC. 589. Section 10554 of the Welfare and Institutions
39 to use, submit or maintain such forms, reports or records.
39 Code is amended to read:
40
SEC. 591. Section 10555 of the Welfare and Institutions
40
10554. The director is the only person authorized to adopt
41
Code is amended to read
41 regulations, orders, or standards of general application to im-
42
10555. Subject to the State Civil Service Act, the director
42 plement, interpret, or make specific the law enforced by the
43 shall appoint such assistants and other employees as are neces-
43 department, and such regulations, orders, and standards shall
44
sary for the administration of the affairs of the department
44 be adopted, amended, or repealed by the director only in ac-
45
and shall prescribe their duties and, subject to the approval
45 cordance with the provisions of Chapter 4.5 (commencing with
46
of the Department of Finance, fix their salaries.
46 Section 11371), Part 1, Division 3, Title 2 of the Government
47
During such times as grants-in-aid are made available to
47 Code, provided that such regulations need not be printed
48
the states by the United States government for the care of
48 in the California Administrative Code or California Admin-
49
public assistance applicants or recipients confined in state in
49 istrative Register if they are included in the publications of
50 stitutions, including but not limited to hospitals, for the men-
50 the department and are not promulgated pursuant to Section
51 tally ill or mentally deficient, the director may employ such
51
16003, 16201, or 16309. If such regulations are promulgated
52 pursuant to Section 16003, 16201 or 16309, they shall be
13-80063-C
- 194
- 195
1 assistants or employees as may be necessary to assist in the
1
(a) Require as a condition for receiving such grants-in-aid,
2 development of plans for the care of each aged patient.
2
that the county shall bear that proportion of the total expense
3
SEC. 595. Section 10600 of the Welfare and Institutions
3
of furnishing aid, as is fixed by the law relating to such aid.
4 Code is amended to read:
4
(b) Establish regulations, not in conflict with the law fixing
5
10600. It is hereby declared that provision for public social
5
statewide standards for the administration of all state or fed-
6 services in this code is a matter of statewide concern. The
6
erally aided public social service assisted aid programs, defin-
7 department is hereby designated as the single state agency
7 ing and controlling the conditions under which aid may be
8 with full power to supervise every phase of the administration
8
granted or refused. All regulations established by the depart-
9 of the public social services aid and the Department of Health
9 ment shall be binding upon the boards of supervisors and the
10 is hereby designated as the single state agency with full power
10 county department.
11 to supervise every phase of the administration of services for
11
SEC. 601. Section 10604.1 is added to the Welfare and
12
which grants-in-aid are received from the United States gov-
12
Institutions Code, to read
13
ernment or made by the state in order to secure full compli-
13
10604.1. In administering any funds appropriated or made
14 ance with the applicable provisions of state and federal laws.
14 available to the Department of Health for disbursement
15
SEC. 596. Section 10602 of the Welfare and Institutions
15
through the counties for welfare purposes, the Department of
16
Code is amended to read:
16
Health shall establish regulations, not in conflict with the law
17
10602. The department Department of Health shall in-
17
fixing statewide standards for the administration of all state
18
vestigate, examine and make reports upon:
18
or federally assisted service programs. All regulations estab-
19
(a) The charitable institutions, of the state and of the coun-
19
lished by the department shall be binding upon the boards
20
ties and cities of the state, other than county hospitals and
20
of supervisors and the county department.
21
institutions under the jurisdiction of another state depart-
21
SEC. 602. Section 10605 of the Welfare and Institutions
22 ment
22
Code is amended to read:
23
(b) The public officers who are in any way responsible for
23
10605. If the director considers a county director to be
24
the administration of public funds used for public social
24 failing, in a substantial manner, to comply with any provision
25 services.
25
of this code or any regulation, over the administration of
26
SEC. 597. Section 10602.1 is added to the Welfare and
26
which the department has supervision, he shall put the county
27
Institutions Code, to read:
27
director on written notice to that effect, and shall give a copy
28
10602.1. The department shall investigate, examine and
28
of the notice to the board of supervisors.
29
make reports upon the public officers who are in any way
29,
If within 60 days the county director fails to give reasonable
30
responsible for the administration of public funds used for
30
assurance that he is complying and will continue to comply
31
aid.
31
with the laws and regulations, the director shall order the
32
SEC. 598. Section 10603 of the Welfare and Institutions
32
county to appear at a hearing, before the director, with the
33
Code is amended to read:
33
State Social Welfare Board, to show cause why the department
34
10603. The department shall advise public officers regard-
34 should not take action to secure compliance. The county shall
35
ing the administration of public social services aid by public
35
be given at least 30 days' notice of such hearing. The di-
36
agencies throughout the state, and shall supervise the admin-
36
rector shall consider the case on the record established at the
37
istration of state aid to all person receiving or eligible to
37
hearing, and the advice of the State Social Welfare Board,
38
receive state aid. It shall also supervise the expenditure of
38
and, within 30 days, shall render proposed findings and a
39
any funds for Indian relief which may be granted to the state
39
proposed decision on the issues. The proposed findings and
40
by the federal government.
40
decision shall be submitted to the county, and the county shall
41
SEC. 599. Section 10603.1 is added to the Welfare and
41
have an opportunity to appear within 10 days at such time and
42
Institutions Code, to read:
42
place as may be fixed by the director, for the purpose of pre-
43
10603.1. The Department of Health shall advise public
43
senting oral arguments respecting the proposed findings and
44
officers regarding the administration of services by public
44 decision. Thereupon. the director shall make his final findings
45
agencies throughout the state, and shall supervise the admin-
45
and decision.
46
istration of services to all persons receiving or eligible to
46
If the director determines that there is a failure on the part
47
receive such services.
47
of the county to comply with the provisions of this code or the
48
SEC. 600. Section 10604 of the Welfare and Institutions
48
established regulations, or if the State Personnel Board certi-
49
Code is amended to read
49
fies to the director that a county is not in conformity with
50
10604. In administering any funds appropriated or made
50
established merit system standards under Part 2.5 (commenc-
51
available to the department for disbursement through the
51 ing with Section 19800) of Division 5 of Title 2 of the Govern-
52
counties for welfare purposes, the department shall:
52
ment Code, and that administrative sanctions are necessary
- 196
- 197
1 to secure compliance, the department may invoke any of the
1 findings and decision. Thereupon the Director of Health shall
2 following sanctions:
2 make his final findings and decision.
3
(a) Withhold part or all of state and federal funds from
3
If the Director of Health determines that there is a failure
4 such county until the county shall make a showing to the di-
4 on the part of the county to comply with the provisions of this
5 rector of compliance; or
5 code or the established regulations, or if the State Personnel
6
(b) Assume, temporarily, direct responsibility for the ad-
6 Board certifies to the Director of Health that a county is not
7
ministration of any or all state- aided public social service as-
7 in conformity with established merit system standards under
8 sisted aid programs in such county until the county shall pro-
8 Part 2.5 (commencing with Section 19800) of Division 5 of
9 vide reasonable assurance to the director of its intention and
9 Title 2 of the Government Code, and that administrative sanc-
10 ability to comply with such laws and regulations. During such
10 tions are necessary to secure compliance, the Department of
11 period of state administrative responsibility for county pro-
11 Health may invoke any of the following sanctions:
12 grams, the director or his authorized representative shall have
12
(a) Withhold part or all of state and federal funds from
13 all of the powers and responsibilities of the county director,
13 such county until the county shall make a showing to the Di-
14 with the exception that he shall not be subject to the authority
14 rector of Health of compliance; or
15 of the board of supervisors; or
15
(b) Assume, temporarily, direct responsibility for the ad-
16
(c) Bring an action in mandamus or such other action in
16
ministration of any or all state-aided service programs in such
17 court as may be appropriate to compel compliance. Any such
17 county until the county shall provide reasonable assurance to
18 action shall be entitled to a preference in setting a date for
18 the Director of Health of its intention and ability to comply
19 a hearing.
19 with such laws and regulations. During such period of state
20
Nothing in this section shall be construed as relieving the
20 administrative responsibility for county programs, the Direc-
21 board of supervisors of the responsibility to provide funds
21 tor of Health or his authorized representative shall have all of
22 necessary for the continued public social services aid required
22 the powers and responsibilities of the county director, with
23 by law.
23 the exception that he shall not be subject to the authority of
24
Nothing contained in this section shall be construed as pre-
24 the board of supervisors; or
25 venting a county from seeking judicial review of action taken
25
(c) Bring an action in mandamus or such other action in
26 by the director pursuant to this section under Section 1094.5
26 court as may be appropriate to compel compliance. Any such
27 of the Code of Civil Procedure or, except in cases arising
27 action shall be entitled to a preference in setting a date for a
28 under Sections 10962 and 10963, from seeking injunctive re-
28 hearing.
29 lief when deemed appropriate.
29
Nothing in this section shall be construed as relieving the
30
SEC. 603. Section 10605.1 is added to the Welfare and In-
30 board of supervisors of the responsibility to provide funds
31 stitutions Code, to read:
31 necessary for the continued services required by law.
32
10605.1. If the Director of Health considers a county direc-
32
Nothing contained in this section shall be construed as pre-
33 tor to be failing, in a substantial manner, to comply with any
33 venting a county from seeking judicial review of action taken
34 provision of this code or any regulation over the administra-
34 by the Director of Health pursuant to this section under Sec-
35 tion of which the Department of Health has supervision, he
35 tion 1094.5 of the Code of Civil Procedure or, except in cases
36 shall put the county director on written notice to that effect,
36 arising under Sections 10962 and 10963, from seeking injunc-
37 and shall give a copy of the notice to the board of supervisors.
37 tive relief when deemed appropriate.
38
If within 60 days the county director fails to give reasonable
38
SEC. 604. Section 10606 of the Welfare and Institutions
39 assurance that he is complying and will continue to comply
39 Code is amended to read
40 with the laws and regulations, the Director of Health shall
40
10606. The department shall cause to be published and
41 order the county to appear at a hearing, before the Director of
41 made available for sale to the public, at the cost of publishing,
42 Health to show cause why the Department of Health should
42 all of its rules and regulations relating to:
43 not take action to secure compliance. The county shall be given
43
(a) The government of the department.
44 at least 30 days notice of such hearing. The Director of Health
44
(b) Any form of public social services assistance for which
45 shall consider the case on the record established at the hearing
45 state aid is granted to the counties or over the administration
46 and, within 30 days, shall render proposed findings and a
46 of which the department has supervision.
47 proposed decision on the issues. The proposed findings and
47
The department shall also provide at cost such subscription
48 decision shall be submitted to the county, and the county shall
48 service as may be necessary to assure to purchasers of the
49 have an opportunity to appear within 10 days at such time
49 printed rules and regulations prompt receipt of all additions
50 and place as may be fixed by the Director of Health for the
50 and amendments to the rules and regulations of the depart-
51 purpose of presenting oral arguments respecting the proposed
51 ment and digests of decisions compiled under Section 10964.
- 198 -
199 I I
1
SEC. 605. Section 10606.1 is added to the Welfare and In-
1 expenditure of any funds in the exercise of any power granted
2
stitutions Code, to read:
2 to the department by this section shall be subject to approval
3
10606.1. The Department of Health shall cause to be pub-
3
by the State Department of Finance.
4 lished and made available for sale to the public, at the cost of
4
SEC. 609. Section 10609.1 is added to the Welfare and In-
5 publishing, all of its rules and regulations relating to:
5 stitutions Code, to read:
6
(a) The government of the Department of Health.
6
10609.1. The Department of Health may act as the agent
7
(b) Any form of services for which state aid is granted to
7
or representative of or cooperate with the federal government
8
the counties or over the administration of which the depart-
8
in any matters within the scope of the functions of the Depart-
9
ment has supervision.
9
ment of Health under this division, for the administration of
10
The Department of Health shall also provide at cost such
10 federal funds granted to this state or for any other purpose
11 subscription service as may be necessary to assure to pur-
11 in furtherance of those functions.
12 chasers of the printed rules and regulations with respect to
12
The Department of Health may cooperate with the federal
13 services prompt receipt of all additions and amendments to
13
government, its agencies or instrumentalities, in establishing,
14 the rules and regulations of the Department of Health.
14 extending, and strengthening services for the protection and
15
SEC. 606. Section 10607.1 is added to the Welfare and In-
15 care of homeless, dependent, and neglected children, and chil-
16
stitutions Code, to read
16 dren in danger of becoming delinquent, and may receive and
17
10607.1. When the Department of Health causes to be pub-
17
expend all funds made available for such purposes by the fed-
18 lished for public distribution informational pamphlet and re-
18 eral government to the Department of Health, the state, a
19 lated materials relating to public assistance programs adminis-
19
county, a district, a municipal corporation, or a political sub-
20 tered or supervised by the Department of Health, they shall
20 division.
21 be printed in English and may be printed separately in
21
Any contract or agreement entered into by the Department
22 Spanish, or at the discretion of the Department of Health, in
22
of Health with the federal government or any thereof
23 English and Spanish, in such numbers as the Department of
23 for the expenditure of any funds in the exercise of any power
24 Health may determine.
24
granted to the Department of Health by this section shall be
25
SEC. 607. Section 10608 of the Welfare and Institutions
25
subject to approval by the State Department of Finance.
26
Code is amended to read:
26
SEC. 610. Section 10610 of the Welfare and Institutions
27
10608. Copies of all laws relating to any form of public
27
Code is amended to read:
28 social service for which state aid is granted to counties, and
28
10610. The department or the Department of Health may
29
over the administration of which the department or the De-
29
join associations of social welfare agencies having as their pur-
30 partment of Health has supervision, and of all bulletins and
30
pose the interchanging or supplying of information relating to
31 rules and regulations of the department, shall be made avail-
31 the technique of social welfare administration.
32 able to the public and for public inspection during regular of-
32
SEC. 611. Section 10611 of the Welfare and Institutions
33 fice hours at each county office administering such aid and in
33
Code is amended to read:
34 each local or regional office of the department these depart-
34
10611. All plans for the use of existing buildings or for
35 ments
35
new buildings, parts of buildings, or additions to or alterations
36
SEC. 608. Section 10609 of the Welfare and Institutions
36
in buildings, for any public institution under the supervision
37 Code is amended to read:
37
of the department Department of Health or for any state, city,
38
10609. The department may act as the agent or representa-
38
or county charitable institution (other than county hospitals)
39 tive of or cooperate with the federal government in any mat-
39
or for any privately operated institution which receives state
40 ters within the scope of the functions of the department, for
40 aid for the care or support of its inmates shall, before their
41 the administration of federal funds granted to this state or for
41 adoption, be submitted to t he department Department of
42
any other purpose in furtherance of those functions.
42 Health for suggestions and approval as to the social require-
43
The department may cooperate with the federal government,
43 ments of the occupants.
44 its agencies or instrumentalities, in establishing, extending, and
44
SEC. 612. Section 10613 of the Welfare and Institutions
45 strengthening services for the protection and care of homeless,
45 Code is amended to read:
46 dependent, and neglected children, and children in danger of
46
10613. The functions of the department may include the
47 becoming delinquent, and may receive and expend all funds
47 administration and the supervision of the administration of
48 made available for such purposes by the federal government
48 public social services aid within this state as an agent of the
49 to the department, the state, a county, a district, a municipal
49 federal government and acting as a service agency for the
50
corporation, or a political subdivision.
50 federal government in the field of social service and welfare
51
Any contract or agreement entered into by the department
51
SEC. 613. Section 10613.1 is added to the Welfare and
52
with the federal government or any agency thereof for the
52
Institutions Code, to read:
- 200
201
1
10613.1. The functions of the Department of Health may
1
SEC. 617. Section 10800 of the Welfare and Institutions
2 include the administration and the supervision of the admin-
2 Code is amended to read
3 istration of services within this state as an agent of the federal
3
10800. The administration of public social services in each
4 government and acting as a service agency for the federal
4 of the several counties of the state is hereby declared to be
5 government in the field of social service and welfare.
5 a county function and responsibility and therefore rests upon
6
SEC. 614. Section 10616 of the Welfare and Institutions
6 the boards of supervisors in the respective counties pursuant
7 Code is amended to read
7 to the applicable laws, and in the case of public social serv-
8
10616. The department Department of Health shall formu-
8 ices for which federal or state funds are provided, subject
9 late plans for the recruitment, utilization, and training of
9 to the regulations of the department relating to aid, and to
10 volunteers to assist in performing services and other duties
10 the regulations of the Department of Health relating to
11 for the county public social services for the purpose of im-
11 services.
12 proving participation in the county public welfare programs.
12
For the purpose of providing for and carrying out this
13 Such plans shall not become effective in a county until ap-
13 function and responsibility, the board of supervisors of each
14 proved by a resolution adopted by the board of supervisors.
14 county, or other agency as may be otherwise provided by
15
SEC. 615. Section 10617 of the Welfare and Institutions
15 county charter, shall establish a county department, unless
16
Code is amended to read:
16 otherwise provided by the county charter. Except as provided
17
10617. In fixing rates for out-of-home care in nonmedical
17 herein, the county department shall be the county agency for
18 facilities authorized to provide care for recipients of public
18 the administration of public social services and for the pro-
19 assistance, the department shall establish a rate plan providing
19 motion of public understanding of the public social services
20 a differential in rate allowances related to the differences in
20 provided under this code and the problems with which they
21 the degree of care required by recipients. The rate structure
21
deal.
22 shall reflect differences in accordance with the specific types
22
SEC. 618. Section 10802 of the Welfare and Institutions
23 of services that are rendered by the facility in providing care
23 Code is amended to read:
24 for recipients.
24
10802. The county director shall, for and in behalf of
25
In establishing the rate structure, the department shall
25 the board of supervisors, have full charge of the county de-
26 strive to improve and increase the range of services provided
26 partment and the responsibility for administering and en-
27 by out-of-home facilities in order that recipients may receive
27 forcing the provisions of this code pertaining to public social
28 the type of care they require at a reasonable cost.
28 services under the regulations of the department relating to
29
In order to keep people in their own homes whenever pos-
29 aid and the regulations of the Department of Health relating
30
sible, the department Department of Health shall develop an
30 to services. He shall abide by all lawful directives of the
31 expanded range of home-care services that will make it possi-
31 department relating to aid and the lawful directive of the
32 ble for people to remain in their own homes or homes of their
32 Department of Health relating to services, transmitted
33 own choosing with safety. The department Department of
33 through the board of supervisors.
34
Health shall give particular attention to the training of home-
34
SEC. 619. Section 10804 of the Welfare and Institutions
35 makers to be employed directly by county departments.
35 Code is amended to read:
36
In developing plans for the recruitment and training of
36
10804. The board of supervisors in any county may con-
37
homemakers, the department Department of Health shall give
37 tract with any other county or counties or with the depart-
38 priority to the training and employment of recipients of
38 ment for the operation and maintenance of such public social
39 public assistance. Emphasis shall be given to arranging hours
39 services aid as are is provided in one or more of the con-
40 of work and training SO that mothers can participate in the
40 tracting counties, or for the establishment and maintenance
41 program.
41 of such public social services aid as the board of supervisors
42
The feasibility of expanding home-care services as a means
42 shall deem to be desirable to discharge the duties of the county
43 of reducing more costly out-of-home care, of preventing physi-
43 to provide for public social services aid for those eligible
44
cal and mental deterioration leading to institutionalization,
44 therefor. The cost of contracted services shall be borne by
45
and of affording employment opportunities to recipients of
45 the contracting county or counties and shall, insofar as state
46 public assistance shall be tested by pilot projects in three
46 or federal funds are involved, conform to department stand-
47 counties to be selected by the department Department of
47 ards and regulations generally applicable to such services
48
Health
48
aid.
49
SEC. 616. Chapter 3.5 (commencing with Section 10750)
49
SEC. 620. Section 10804.1 is added to the Welfare and In-
50
of Part 2 of Division 9 of the Welfare and Institutions Code
50 stitutions Code, to read:
51
is repealed.
51
10804.1. The board of supervisors in any county may con-
52 tract with any other county or counties or with the Depart-
- 202
203
1 ment of Health for the operation and maintenance of such
1
SEC. 624. Section 10900 of the Welfare and Institutions
2 services as are provided in one or more of the contracting
2 Code is amended to read:
3 counties, or for the establishment and maintenance of such
3
10900. The department Department of Social Welfare and
4 services as the board of supervisors shall deem to be desirable
4 the Department of Health shall, within the limits of funds
5 to discharge the duties of the county to provide for services
5 made available, provide welfare personnel training courses
6 for those eligible therefor or the health and care of the sick.
6 and services, including in-service training, educational leaves
7 The cost of contracted services shall be borne by the contract-
7 or stipends, traineeships, internships, and the expansion of
8 ing county or counties and shall, insofar as state or federal
8 field work training facilities within county departments for
9 funds are involved, conform to department standards and
9 the use of colleges and universities in preparing students for
10 regulations generally applicable to such services.
10 employment in the administration of public social services
11
SEC. 621. Section 10805 of the Welfare and Institutions
11 programs. The training courses and services provided pursu-
12 Code is amended to read:
12 ant to this section shall be designed to promote welfare per-
13
10805. Each social worker employed by the department
13 sonnel training in every county in this state, which will
14 Department of Health shall be provided with an identification
14 provide the quality and quantity of trained personnel re-
15 card, showing the name and position of the worker, and con-
15 quired to eliminate or reduce the circumstances or conditions
16 taining a recent picture. Upon calling at the home of any
16 which impede or prevent an individual or a family from mak-
17 applicant for or recipient of public social services, the social
17 ing progress toward proper social adjustment, self-support,
18 worker shall display the identification card to the applicant
18 and self-direction.
19 or recipient.
19
SEC. 625. Section 10905 of the Welfare and Institutions
20
Should a social worker terminate his employment with the
20 Code is amended to read:
21 agency, he shall return his identification card to the agency.
21
10905. If, when, and during such times as the federal gov-
22
SEC. 622. Section 10809 of the Welfare and Institutions
22 ernment allots money to this state for training grants for public
23 Code is amended to read:
23 welfare aid personnel, pursuant to Title VII of the Federal
24
10809. The county department shall administer the public
24 Social Security Act, the department is authorized to act as the
25 social services authorized or permitted under the applicable
25 agent and representative of this state.
26 portions of this code in accordance with the regulations of the
26
SEC. 626. Section 10905.1 is added to the Welfare and In-
27 department relating to aid and of the Department of Health
27 stitutions Code, to read
28 relating to services.
28
10905.1. If, when and during such times as the federal gov-
29
The county department shall make such reports to the ap-
29 ernment allots money to this state for training grants for serv-
30 propriate department as may be required.
30 ice personnel, pursuant to Title VII of the Federal Social
31
SEC. 623. Section 10810 of the Welfare and Institutions
31 Security Act, the Department of Health is authorized to act as
32 Code is amended to read:
32 the agent and representative of the state.
33
10810. Subject to the respective approval of the depart-
33
SEC. 627. Section 10906 of the Welfare and Institutions
34 ment Department of Social Welfare and the Department of
34 Code is amended to read:
35 Health, each county department is authorized to sponsor and
35
10906. Employees of the department or the Department of
36 conduct programs for the recruitment, training, and utiliza-
36 Health who are engaged in the administration of public social
37 tion of volunteers to assist county department employees in
37 services are authorized (1) to attend courses of training pro-
38 the performance of office duties and to aid in performing
38 vided by institutions of higher learning, (2) to attend special
39 services in the counties including but not limited to the fol-
39 courses of study or seminars of short duration conducted by
40 lowing:
40 experts on a temporary basis for the purpose, (3) to accept
41
(a) Friendly visiting of the indigent aged;
41 fellowships or traineeships at institutions of higher learning
42
(b) Finding homes for foster children;
42 with such stipends as are permitted by regulations of the fed-
43
(c) Escorting and transporting recipients to clinics and
43 eral government.
44 other destinations;
44
Any leave of absence granted to any employee of the depart-
45
(d) Aiding in location of improved housing;
45 ment these departments, as authorized by this section, shall
46
(e) Teaching homemaking skills and aiding in budgeting
46 be subject to the approval of the State Personnel Board.
47 and care of the household;
47
SEC. 628. Section 11170 of the Welfare and Institutions
48
(f) Providing tutoring and other educational aid.
48 Code is amended to read:
49
Volunteers shall not duplicate services performed by county
49
11170. The department Department of Health shall estab-
50 department employees.
50 lish a program of homemaker services in cooperation with the
51
The county department shall maintain the confidentiality of
51 county welfare department in each county of the state where
52 records of recipients.
52 such service is essential to maintaining recipients of public
204
205
1 assistance in their own home in preference to placement in pro-
1
SEC. 631. Section 11209.1 is added to the Welfare and
2 tective living arrangements.
2 Institutions Code, to read:
3
In developing these services, the department Department of
3
11209.1. The Department of Health shall make rules and
4 Health shall program a plan for the orderly development of
4 regulations for the proper maintenance and care of needy
5 the service on a county-by-county basis to the end that service
5 children. Such rules and regulations shall be binding upon
6 becomes available in all counties of the state.
6 the institutions and counties.
7
SEC. 629. Section 11172 of the Welfare and Institutions
7
The Department of Health may inquire at any time into
8 Code is amended to read:
8 the management of any institution receiving aid under the
9
11172. The county welfare department shall file a certificate
9 provisions of this chapter.
10 with the department Department of Health stating that they
10
If an institution or county fails to comply promptly with
11 have developed a plan pursuant to Section 11171. Notwith-
11 the provisions of this chapter and the rules and regulations of
12 standing the provisions of Section 12152, 12652, or 13700, upon
12 the Department of Health cannot be enforced in any other
13 approval of the county plan by the department Department of
13 manner, the institution or county failing or refusing to com-
14 Health, except as otherwise provided in this section no
14 ply with such provisions, rules, and regulations, or to permit
15 further public assistance allowances shall be made by such
15 the inquiry provided for in this section, shall not thereafter
16 county to allow recipients to employ homemaker or attendant
16 receive aid under the provisions of this chapter until it has
17 care services. State funds appropriated to such county pur-
17 complied with all such provisions, rules, and regulations and
18 suant to the provisions of Sections 15201 to 15204, inclusive,
18 has permitted the inquiry by the Department of Health, if
19 for that purpose are hereby allocated to the county as set forth
19 such inquiry is demanded.
20 in the Budget Act for the purpose of providing homemaker
20
SEC. 632. Section 11250 of the Welfare and Institutions
21 services pursuant to this article. The state funds appropriated
21 Code is amended to read:
22 pursuant to the Budget Act shall cover all of the nonfederal
22
11250. Aid services, or both, shall be granted under the
23 costs of providing homemaker services.
23 provisions of this chapter, and subject to the regulations of
24
The costs of attendant care services provided in lieu of
24 the department, to families with related children under the
25 homemaker services through cash payments to recipients dur-
25 age of 18 years, except as provided in Section 11253, in need
26 ing the developmental period of the homemaker service or in
26 thereof because they have been deprived of parental support
27 circumstances where such homemaker service is impractical
27 or care due to
28 shall be subject to participation by the county in accordance
28
(a) The death, physical or mental incapacity, or incarcera-
29 with the regular state-county sharing formula applicable to
29 tion of a parent; or
30 the category of public assistance for which the recipient
30
(b) The divorce, separation or desertion of a parent or par-
31 qualifies.
31 ents and resultant continued absence of a parent from the
32
SEC. 630. Section 11209 of the Welfare and Institutions
32 home for these or other reasons; or
33 Code is amended to read
33
(c) The unemployment of a parent or parents.
34
11209. The department shall -: (a) make rules and regula-
34
SEC. 633. Section 11251 of the Welfare and Institutions
35 tions for the proper maintenance and care of needy children;
35 Code is amended to read:
36 (b) make rules and regulations for the administration of aid
36
11251. Aid and services shall also be provided under this
37 to families with dependent children. Such rules and regulations
37 chapter to or in behalf of any child under the age of 18, ex-
38 shall be binding upon the institutions and counties.
38 cept as provided in Section 11253, who is in need and lacks
39
The department may inquire at any time into the manage-
39 parental support and care and who:
40 ment of any institution receiving aid under the provisions of
40
(a) Has been relinquished, for purposes of adoption, to a
41 this chapter or into the management by any county of aid to
41 county adoption agency or an organization licensed by the
42 families with dependent children.
42 department Department of Health as an adoption agency, if
43
If an institution or a county fails to comply promptly with
43 such child was receiving assistance under this chapter at the
44 the provisions of this chapter and the rules and regulations of
44 time of relinquishment, or subsequent to relinquishment has
45 the department cannot be enforced in any other manner, the
45 been found to be unplaceable for adoption; or
46 institution or county failing or refusing to comply with such
46
(b) Lacks parental support for the same reasons set out in
47 provisions, rules, and regulations, or to permit the inquiry
47 Section 11250, is in need of aid as well as protection or care
48 provided for in this section, shall not thereafter receive aid
48 by persons other than his parents, and has been placed in fos-
49 under the provisions of this chapter until it has complied with
49 ter care for purposes of providing such care and protection.
50 all such provisions, rules, and regulations and has permitted
50
For purposes of this chapter, "foster care" means care
51 the inquiry by the department, if such inquiry is demanded.
51 other than in the home of his parent or relative, as these terms
52 are used in Title IV of the Federal Social Security Act.
- 206
207
1
SEC. 634. Section 11251.1 is added to the Welfare and In-
1
SEC. 637. Section 11505 of the Welfare and Institutions
2 stitutions Code, to read
2 Code is amended to read
3
11251.1. Services shall be granted under this chapter, and
3
11505. The department Department of Health shall set
4 subject to the regulations of the Department of Health to
4 standards of health, safety, and quality of home care in its
5 persons described in Sections 11250 and 11251.
5 regulations.
6
SEC. 635. Section 11450.6 of the Welfare and Institutions
6
SEC. 638. Section 12016 of the Welfare and Institutions
7 Code is amended to read:
7 Code is amended to read
8
11450.6. Out of any money made available under the pro-
8
12016. The department Department of Health may con-
9 visions of Item 282 of the Budget Act of 1968, the department
9 tract with one or more public agencies or nonprofit corpora-
10 shall allocate to the county departments, together with any
10 tions lawfully operating under Section 9200 or 9201 of the
11 federal funds available, an amount equal to the nonfederal
11 Corporations Code, SO as to provide for the department De-
12 share of the total cost of child care services pursuant to this
12 partment of Health to manage, staff, administer and provide
13 section. To the extent of funds so allocated, each county de-
13 group services at a nonprofit facility for aged persons or their
14 partment shall provide child care services subject to the regu-
14 families.
15 lations of the Department of Health for persons receiving aid
15
SEC. 639. Section 13902 of the Welfare and Institutions
16 under this chapter who are in need of such services because
16 Code is amended to read:
17 they are engaged in, or, if provided such services, could engage
17
13902. Insofar as practicable and consistent with the best
18 in a work incentive program or approved vocational develop-
18 interest of the recipients, the provisions of this chapter shall
19 ment program.
19 be administered as a separate program which provides the
20
SEC. 636. Section 11451.5 of the Welfare and Institutions
20 aged, blind or disabled persons who qualify under the provi-
21 Code is amended to read
21 sions of the separate aid categories with a unified and com-
22
11451.5. The purpose of this section is to provide the de-
22 prehensive program of care. In developing administrative
23 partment with the necessary support and authority to imple-
23 plans to implement the provisions of this chapter priority shall
24 ment provisions of the Work Incentive Program as established
24 be given to the plan utilizing the most favorable federal cost-
25 pursuant to Division 2 (commencing with Section 5000) of
25 sharing formula.
26 the Unemployment Insurance Code. The cost of work or train-
26
The State Department of Social Welfare Health and the
27 ing-related expenses shall be paid from special funds appropri-
27 county departments of the various counties in a manner con-
28 ated by the Legislature for the purpose. The state shall pay
28 sistent with efficient administration shall, where recruitment,
29 671 percent and the county shall pay 32½ percent of the addi-
29 training and employment of personnel is economical and prac-
30 tional aid furnished for such 'work or training-connected ex-
30 tical, establish special civil service or merit system classifica-
31 penses after a deduction therefrom of any funds received from
31 tions for the employment of supportive home care service per-
32 the United States government.
32 sonnel.
33
The county welfare department in each county of this state
33
In the recruitment, training and employment of staff to
34 shall establish a program of day care services, subject to regu-
34 carry out the provisions of this chapter, preference shall be
35 lations of the Department of Health in order to permit moth-
35 given whenever possible to recipients of public assistance.
36 ers of children, qualified for aid under this chapter, to exercise
36 Persons engaged in training under programs conducted by the
37 their right to participate in the Work Incentive Program au-
37 Department of Employment Human Resources Development
38 thorized by Division 2 (commencing with Section 5000) of the
38 shall be given every consideration in competing and qualifying
39 Unemployment Insurance Code.
39 for employment under the applicable civil service and merit
40
It is the intent of this section to make maximum use of
40 system requirements.
41 federal funds that are available to provide training or work-
41
In the event that it is not consistent with efficient adminis-
42 related expenses and home care services. Accordingly, each
42 tration to recruit, train and employ in-home supportive care
43 county shall be required to provide or purchase day care serv-
43 service workers as regular county employees, the service may
44 ices and to pay for training or work-related expenses under
44 be provided pursuant to contract with another public agency,
45 that plan which provides the greatest financial participation
45 or with a voluntary nonprofit agency. Such a contract shall in-
46 by the United States government. No allowance for day care of
46 clude a provision that assures preference will be given to the
47 children shall be included in the grant authorized by Section
47 employment of recipients of public assistance.
48 11450 of this code.
48
SEC. 640. Section 13911 of the Welfare and Institutions
49
The state shall pay 671 percent and the county shall pay
49 Code is amended to read
50 321 percent of the cost of day care services after deducting
50
13911. In developing in-home supportive services, the de-
51 therefrom the amount of funds received from the United
51 partment Department of Health shall program a plan for the
52 States government.
52 orderly development of such services on a county-by-county
- 208
- 209 -
1 basis to the end that service becomes available in all counties
1
9. Outpatient clinic services.
2 of the state.
2
10. Dental services.
3
SEC. 641. Section 13912 of the Welfare and Institutions
3
11. Physical therapy and related services.
4 Code is amended to read:
4
12. Prescribed drugs, dentures, and prosthetic devices; and
5
13912. Each county welfare department shall file a certifi-
5
eyeglasses prescribed by a physician skilled in the diseases of
6 cate with the department Department of Health stating that
6 the eye or by an optometrist, whichever the individual may
7 they have developed a plan pursuant to the objectives and
7
select.
8 conditions of this chapter with regard to in-home supportive
8
13. Other diagnostic, screening, preventive, or rehabilitative
9 services. Notwithstanding the provisions of Sections 12152,
9
services.
10 12652, or 13700, upon approval of the county plan by the de-
10
14. Inpatient hospital services and skilled nursing home
11 partment Department of Health, no further public assistance
11
services for any individual 65 years of age or over in an in-
12 aid allowances shall be made by the county to allow recipients
12
stitution for tuberculosis or mental diseases.
13 to employ homemaker or attendant care services, or other in-
13
Such term shall not include, except to the extent permitted
14 home supportive care services under this chapter. State funds
14 by federal law,
15 appropriated to such county pursuant to the provisions of
15
a. Any care or services for any individual who is an in-
16 Sections 15201 to 15204, inclusive, of this code, for that pur-
16 mate of a public institution (except as a patient in a medical
17 pose shall constitute the nonfederal share of the costs of serv-
17 institution) ; or
18 ices provided under this article.
18
b. Any care or services for any individual who has not at-
19
SEC. 645. Section 14053 of the Welfare and Institutions
19
tained 65 years of age and who is a patient in an institution
20 Code is amended to read:
20 for tuberculosis or mental diseases.
21
14053. "Health care and related remedial or preventive
21
SEC. 646. Section 14061 of the Welfare and Institutions
22 services" means:
22 Code is amended to read:
23
1. Inpatient hospital services (other than services in a med-
23
14061. As used in this chapter, "director" means the Di-
24 ical institution for tuberculosis or mental diseases except to
24 rector of Health Care Services.
25 the extent permitted by federal law) in and by a medical in-
25
SEC. 647. Section 14062 of the Welfare and Institutions
26 stitution or facility operated by, or licensed by, the United
26 Code is amended to read
27 States, one of the several states, a political subdivision of a
27
14062. As used in this chapter, "department" means the
28 state, the State Department of Public Health, or exempt from
28
Department of Health Care Services.
29 such licensure pursuant to subdivision (c) of Section 1415 of
29
SEC. 648. Section 14103 of the Welfare and Institutions
30 the Health and Safety Code.
30 Code is amended to read:
31
2. Outpatient hospital services.
31
14103. The director shall, within the range of services in-
32
3. Laboratory and X-ray services.
32 cluded under health care and with the advice of the Advisory
33
4. Skilled nursing home services (other than services in a
33 Health Review and Program Council, and taking into account
34 medical institution for tuberculosis or mental diseases except
34 health care services otherwise available to eligible persons, es-
35 to the extent permitted by federal law), as defined for the
35 tablish the scope of services to be provided through health
36 purpose of securing federal approval of a plan under Title
36 benefits plans.
37 XIX of the Federal Social Security Act, to persons 21 years
37
SEC. 649. Section 14103.4 of the Welfare and Institutions
38 of age or older, or to persons under 21 years of age to the
38 Code is amended to read:
39 extent permitted by federal law.
39
14103.4. The director, with the advice of the Advisory
40
5. Physicians' services, whether furnished in the office, the
40 Health Review and Program Council, shall determine which of
41 patient's home, a hospital, or a skilled nursing home, or else-
41 the health care and related remedial or preventive services are
42 where.
42 elective. The director and the Advisory Health Review and
43
6. Medical care, or any other type of remedial care recog-
43 Program Council shall consult with representatives of pro-
44 nized under the laws of this state, furnished by licensed prac-
44 viders of such services before making a determination.
45 titioners within the scope of their practice as defined by the
45
SEC. 650. Section 14104 of the Welfare and Institutions
46 laws of this state. Other remedial care shall include, without
46 Code is amended to read:
47 being limited to, treatment by prayer or healing by spiritual
47
14104. (a) The department shall, to the extent feasible,
48 means in the practice of any church or religious denomination
48 contract with one or more carriers to provide or arrange serv-
49 insofar as these can be encompassed by federal participation
49 ices through health benefits plans.
50 under an approved plan.
50
(b) The department shall, to the extent feasible, enter into
51
7. Home health care services.
51
nonexclusive contracts providing arrangements under which
52
8. Private duty nursing services.
14-80063-C
210
- 211
1 funds available for health care under this chapter shall be ad-
1
charge for similar services generally made by the physician, as
2 ministered and disbursed to providers of health care or to
2
well as the prevailing charges in the locality for similar serv-
3 their designated agents in consideration for services rendered
3 ices.
4
and supplies furnished by them in accordance with the provi-
4
(d) Each such contract shall provide that the carrier or
5. sions of the applicable contract and any schedule of charges
5
plan will not charge to any family person or adult defined
6 or formula for determining payments established pursuant to
6
in Article 2 (commencing with Section 14050) of this chapter,
7 such contract. Payment for services to hospitals and other
7
part or all of any enrollment fee, extra charges, or premiums
8 facilities and professional services shall be predicated on the
8 for care provided under this chapter.
9 basis of reimbursement for reasonable cost based on stand-
9
(e) Each such contract shall provide that the carrier or
10 ards, determined by the director with the advice of the Ad-
10 plan will agree to provide such services as defined by the
11
visory Health Review and Program Council. The formula for
11 department without reference to the race, religion, creed, color,
12 such payments shall be determined in accordance with regula-
12 national origin or ancestry, or age of any person eligible
13
tions establishing the methods to be used and the items to be
13
under the provisions of this chapter.
14
included. In prescribing such regulations, the department shall
14
(f) Consistent with the efficient and economical adminis-
15
consider, among other things, the principles generally applied
15
tration of this chapter, at least one arrangement available to
16
by state organizations representing such hospitals or other
16
all recipients and medically indigent persons shall afford free
17
facilities or by established prepayment organizations which
17
choice among physicians, pharmacists, and pharmacies willing
18
have developed such principles, in determining the method or
18 to provide services under the terms of a contract entered into
19
methods to be used in arriving at the payment formula.
19 pursuant to this section.
20
(c) Each such contract shall provide that the carrier
20
(g) In the consideration of proposals for contracts with
21
1. Will take such action as may be necessary to assure
21
carriers under this chapter, the department shall, for com-
22
that, where payment under this chapter for a service is on a
22 parative purposes, deduct from the total cost proposed by any
23
cost basis, the cost is reasonable, as referred to in subdivi-
23 carrier the amount of tax which that carrier would be re-
24
sion (b) of Section 14104.
24
quired to pay under Part 7 (commencing with Section 12001)
25
2. Will take such action as may be necessary to assure
25 of Division 2 of the Revenue and Taxation Code computed on
26
that where payment under this chapter is on a charge basis,
26
the basis of the net rate of tax, after deductions, which would
27
such charge will be reasonable and not higher* than the
27 have applied to such carrier for the preceding calendar year,
28
charge applicable for a comparable service and under com-
28 had the amount of anticipated premium under the proposed
29
parable circumstances to the policyholders and subscribers
29
contract been added to its taxable premiums for such year.
30
of the carrier, and such payment will be made on the basis
30
Contracts awarded to carriers under this section shall be
31
of a receipted bill, or on the basis of an assignment under the
31 awarded on a bid basis, and before entering into a contract
32
terms of which the reasonable charge is the full charge for
32 with any carrier, the director shall publish notice soliciting
33
the service.
33 bids from carriers.
34
3. Will, in the case of a contract with a carrier which,
34
The director, at least once each year, shall report to the
35
under contracts not affected by this chapter, limits the avail-
35 Joint Legislative Budget Committee actions taken by him in
36
ability of services to a defined geographical area or areas,
36 the awarding of contracts under this section, including, but
37
provide that the carrier will pay for necessary services fur-
37 not limited to, the number and types of bids submitted, the
38
nished to any person who is covered by such contract and
38 basis on which contracts were awarded, and, if a contract is
39
who receives such services outside such area or areas.
39 awarded to other than the lowest bidder, the reason for such
40
4. Will furnish to the director such timely information
40 action.
41
and reports as he may find necessary in performing his
41
(h) In entering into contracts under this section, or sub-
42
functions under this chapter.
42
division (e) or subdivision (f) of Section 14000, the depart-
43
5. Will maintain such records and afford such access
43 ment may provide that the extent of benefit coverage by the
44
thereto as the director finds necessary to assure the correct-
44
carrier may be limited to a fixed number of days, or amount,
15
ness and verification of the information and reports which
45 or duration of services. The contract may provide that the
16
may be required under paragraph (c)3 of this section.
46
carrier shall continue to administer the benefits provided be-
17
6. Will make payment under this chapter promptly and
47 yond the applicable limitation, with the state paying for such
18
in any event within 30 days from receipt by the carrier of
48
extended coverage on the basis of reasonable costs or charges.
19
proper evidence establishing the validity of the claim for
49
The intent of the Legislature in enacting this subdivision
50
payment.
50 is to authorize a limitation on the liability of a carrier in
51
In determining the reasonable charge for a physician's serv-
51 catastrophic or extended-care situations.
52
ices, there shall be taken into consideration the customary
213
- 212
1 of the Health and Safety Code or Chapter 1 (commencing
1
SEC. 651. Section 14105 of the Welfare and Institutions
2 with Section 7000) of Division 7 of this code after July 1,
2 Code is amended to read:
3 1970, covering a new facility or additional bed capacity or
3
14105. The director shall prescribe the policies to be fol-
4 the conversion of existing bed capacity to a different license
4 lowed in the administration of this chapter and the scope of
5 category, unless such licensee received a favorable final
5 the services to be provided, and may limit the rates of pay-
6 decision by the voluntary area health planning agency in the
6 ment for such services, and shall adopt such rules and regula-
7 area, the consumer members of a voluntary area health plan-
7 tions as are necessary for carrying out, not inconsistent with,
8 ning agency acting as an appeals body or the Advisory Health
8 the provisions thereof.
9 Planning Council pursuant to Sections 437.7 to 438.5, inclusive,
9
Such policies and regulations shall include rates for pay-
10 of the Health and Safety Code; or unless the licensee had filed
10 ment for services not rendered under a contract pursuant to
11
an application for a license prior to January 1, 1970, and the
11 Section 14104. Standards for costs shall be based on payments
12
application met all then-existing requirements and regulations
12 of the reasonable cost for such services. Cost reports and other
13 of the appropriate state agency at the time of application in-
13 data submitted by providers to a state agency for the pur-
14 cluding, at least, preliminary submission of plans.
14 pose of determining reasonable costs for services or establish-
15
SEC. 653. Section 14106 of the Welfare and Institutions
15 ing rates of payment shall be considered true and correct un-
16 Code is amended to read:
16 less audited within eighteen (18) months after July 1, 1969,
17
14106. The director shall, with respect to carriers and
17 the close of the period covered by the report, or after the date
18 with the advice of the Advisory Health Review and Program
18 of submission of the original or amended report by the pro-
19 Council, adopt all necessary rules and regulations to carry out
19 vider, whichever is later.
20 the provisions of this chapter, including, but not limited to,
20
Nothing in this section shall be construed to limit the cor-
21 establishing the scope and content of health care, regulations
21 rection of cost reports or rates of payment when inaccuracies
22 fixing reasonable minimum standards for health benefits plans,
22 are determined to be the result of intent to defraud, or when
23 regulations fixing the time, manner, methods and procedures
23 a delay in the completion of an audit is the result of willful
24 for determining whether a contract with any plan shall be
24 acts by the provider or inability to reach agreement on the
25 undertaken or withdrawn, and regulations pertaining to any
25 terms of final settlement.
26 other matters made necessary by the provisions of this chapter.
26
Insofar as practical, consistent with the efficient and eco-
27
In adopting such rules and regulations, the director shall
27 nomical administration of this part, the department shall af-
28 be guided by the needs of eligible persons as well as prevailing
28 ford recipients of public assistance free choice of arrangements
29 practices in the field of arrangements for health care.
29 under which they shall receive health care.
30
The director shall terminate contracts with any carrier if
30
In establishing the scope of services to be provided, the
31 he finds that the standards prescribed therefor are not being
31 director shall provide for recipients at least for a minimum
32 complied with, that claims accrued or to accrue will not be
32 coverage as defined in Section 14056, and insofar as possible
33 paid, or for other good cause shown. The director shall give
33 shall include other health care and related remedial or pré-
34 reasonable notice of his intention to terminate the contract
34 ventive services giving priority to those services which are
35 to any carrier, to eligible persons and others who may be di-
35 considered to have the greatest value in preventing or reduc-
36 rectly interested, including such other persons and organiza-
36 ing the likelihood of future high cost medical services.
37 tions as the director may deem necessary and proper. The
37
Notwithstanding the provisions of the preceding paragraph,
38 notice shall state the effective date of, and the reason for,
38 and in accordance with the intent of this chapter, the director,
39 the termination.
39 with respect to medically indigent persons, may limit, by ap-
40
SEC. 654. Section 14110 of the Welfare and Institutions
40 propriate classifications, the number of medically indigent
41 Code is amended to read:
41 persons eligible, and may limit the scope and kinds of health
42
14110. No cost of care shall be paid for under this part to
42 care to which such persons are entitled, to the extent necessary
43
a medical facility unless:
43 to operate programs under this chapter within the limits of
44
(a) It is licensed by the State Department of Public Health
44 appropriated funds. When and if necessary, such action shall
45
as a hospital within the meaning of Section 1401 of the Health
45 be taken by the director with the advice of the Advisory
46
and Safety Code; or
46 Health Review and Program Council and in ways consistent
47
(b) It is licensed by a comparable agency in another state;
47 with the requirements of the Federal Social Security Act.
48
or
48
SEC. 652. Section 14105.5 of the Welfare and Institutions
49
(c) It is exempt from licensure pursuant to subdivision (c)
49 Code is amended to read:
50
of Section 1415 of the Health and Safety Code; or
50
14105.5. The director shall make no payment for services to
51
(d) It is operated by the Regents of the University of Cali-
51
any hospital facility which secures a license under the provisions
52
fornia.
52 of Chapter 2 (commencing with Section 1400) of Division 2
214
215
1
(e) It meets the utilization review plan criteria for certifi-
1
14126. The council shall consist of 11 members appointed
2 cation or is certified as an institutional provider of services
2 by the Governor, five of whom shall be members of the health
3 under Title XVIII of the Federal Social Security Act and
3
professions.
4 regulations issued thereunder.
4
The Director of Health Care Services, the Director of Social
5
Nothing in this section shall preclude payments for care for
5 Welfare, the Director of Public Health, the Director of Re-
6 aged patients in medical facilities or institutions operated or
6 habilitation, and the Director of Mental Hygiene shall serve
7 licensed by the State Department of Mental Hygiene, State
7 as ex officio members of the council.
8 Department of Public Health, or by the State Department of
8
SEC. 656. Section 16000 of the Welfare and Institutions
9 Rehabilitation ; or by the State Department of Social Welfare.
9 Code is amended to read:
10
SEC. 655. Section 14114 of the Welfare and Institutions
10
16000. No person, association, or corporation shall, without
11 Code is amended to read:
11 first having obtained a written license or permit therefor from
12
14114. The director may make available information, in
12 the department Department of Health or from an inspection
13 such form as he may deem satisfactory, as will enable the
13 service approved or accredited by the department:
14 eligible persons to exercise an informed choice among the
14
(a) Maintain or conduct any institution, boarding home,
15 health benefits plans which have been contracted for under
15 day nursery, or other place for the reception or care of chil-
16 this chapter. Each eligible person enrolled in a health benefits
16 dren under 16 years of age, nor engage in the business of
17 plan shall be issued an appropriate document setting forth or
17 receiving or caring for such children, nor receive nor care for
18 authorizing the services or benefits to which that person is
18 any such child in the absence of its parents or guardian, either
19 entitled thereunder, the procedure for obtaining benefits, and
19 with or without compensation.
20 the principal provisions of the plan affecting the eligible
20
(b) Engage in the finding of homes for children under 16
21 person.
21 years of age, or place any such child in any home or other
22
The Advisory Health Review and Program Council shall
22 place either for temporary or permanent care or for adoption.
23 provide for a continuing study of the quality of care and
23
The provisions of subdivision (a) do not apply to any hos-
24 services resulting from the operation of this chapter and for
24 pital or establishment holding a license in good standing issued
25 surveys and reports on health care plans and benefits. With
25 under the provisions of Chapter 2 or Chapter 3 of Division 2
26 respect to such plans contracted for under this chapter, the
26 of the Health and Safety Code. However, where a hospital or
27 council may contract with the State Department of Public
27 establishment holding such a license from the State Depart-
28 Health for studies and reports of the experience of such plans
28 ment of Public Health provides services not incidental to its
29 as to the standards of care available to eligible persons, gross
29 primary purpose, the provisions of subdivision (a) continue
30 and net costs, administrative costs, benefits, utilization of bene-
30 to apply to the hospital or establishment in respect to such
31 fits, the portion of actual personal expenditures of eligible
31 additional services.
32 persons for health care which are being met by prepaid bene-
32
SEC. 657. Section 16018 of the Welfare and Institutions
33 fits, and the methods of evaluating and improving the quality
33 Code is amended to read:
34 of, and controlling the costs of, health care provided under
34
16018. Before issuing a license to any person to operate
35 such contracts; provided, however, that this section shall not
35 a boarding home, foster home, or other place maintained to
36 be construed to require any plan to provide accounting data or
36
receive and care for children, the department Department of
37 statistical data not required in the normal operation of the
37 Health or the county or city inspection service, as the case may
38 plan.
38 be, shall secure from the Federal Bureau of Investigation or
39
SEC. 655.1. The heading of Article 4 (commencing with
39 State Bureau of Criminal Identification and Investigation a
40 Section 14125) of Chapter 7 of Part 3 of Division 9 of the
40 full criminal record to determine whether the applicant or his
41 Welfare and Institutions Code is amended to read:
41 spouse has ever been convicted of a crime other than a minor
42
42 traffic violation. If it is found that the applicant, or his spouse
43
Article 4. Advisory Health Review and Program Council
43 living in the same location, has been SO convicted, the appli-
44
44 cation shall be denied, unless otherwise provided pursuant to
45
SEC. 655.2. Section 14125 of the Welfare and Institutions
45 the following paragraph.
46
Code is repealed.
14125. There is in the Department of Health Care Services
46
After review of the record, the Director of Social Welfare
47
47 Health or the person in charge of the county or city inspec-
48 the Health Review and Program Council, hereafter referred
48 tion service, as the case may be, may exempt any applicant
49 to as the council.
49 for a license from the provisions of this section, if the record
50
SEC. 655.3. Section 14126 of the Welfare and Institutions
50 reveals no conviction of a felony involving intentional bodily
51 Code is repealed.
51 harm or a sex offense, and if the director or person in charge
52 of the county or city inspection service believes the applicant
- 216
217
1 to be of such good character as to justify issuance of a li-
1 may develop that degree of English facility necessary to profit
2 cense.
2 from school instruction.
3
SEC. 658. Section 16150 of the Welfare and Institutions
3
All local preschool educational programs operated pursuant
4 Code is amended to read:
4 to any contract herein authorized shall be available to any
5
16150. The Legislature finds and declares that preschool
5 child otherwise eligible pursuant to the procedures established
6 programs with a strong educational component are of great
6 by this chapter and by the contract regardless of race, reli-
7 value to all children in preparing them for success in school,
7 gion or ethnic background; and no such local preschool pro-
8 and constitute an essential component of public social services
8 gram shall be used, in whole or in part, for religious worship
9 as defined in Section 16151. The Legislature further finds that
9 or instruction. No funds herein provided may be used for the
10 such programs are often not available to many children who,
10 general support of any private or sectarian school system.
11 because of the low income of their families, are deprived of
11
SEC. 660. Section 16152 of the Welfare and Institutions
12 this valuable educational experience. Therefore it is the in-
12 Code is amended to read:
13 tention of the Legislature in enacting chapter to provide
13
16152. The contract entered into pursuant to Section 16151
14 equal educational opportunity to children of low income or
14 shall provide for a fee to be paid by the parent or other per-
15 disadvantaged families through appropriate arrangements for
15 son having charge or custody of any child, or to be reimbursed
16 preschool programs of an educational value to be developed
16 from state and federal funds, on account of the child. The De-
17 in accordance with a contractual agreement between the State
17 partment of Education shall, pursuant to the contract, estab-
18 Department of Social Welfare Health and the State Depart-
18 lish a system of fees which may be charged to parents who have
19. ment of Education. The Legislature believes that the intro-
19 the financial ability to pay all, or part of, the cost of the
20 duction of young children to an atmosphere of learning will
20 child's preschool educational program.
21 improve their performance and increase their motivation and
21
The State Department of Social Welfare Health shall, pur-
22 productivity when they enter school. In order to achieve this
22 suant to the contract, pay to the Department of Education a
23 end all programs established under this chapter shall be
23 per capita reimbursement for each child certified as eligible
24 centered upon a defined preschool educational program de-
24 for this program and participating in a preschool program
25 veloped, conducted and administered with the maximum fea-
25 established under this chapter. The per capita reimbursement
26 sible participation of the families served by the program.
26 shall not exceed the costs incurred in providing the service,
27
SEC. 659. Section 16151 of the Welfare and Institutions
27 less any parental fees, divided by the total number of children
28 Code is amended to read:
28, participating in the program.
29
16151. The State Department of Social Welfare Health
29
As used in this section, "costs" include administrative costs
30 shall enter into a contract with the Department of Education
30 which may be incurred by the Department of Education, the
31 to provide for a statewide system of preschool programs of an
31 Department of Social Welfare Health, and other local public
32 educational value, to be established by any eligible local public
32 agencies, necessary for the development and implementation
33 or private nonprofit agency which submits an application
33 of the public social service herein described and for the desig-
34 therefor.
34 nation of those children eligible for participation.
35
The State Department of Social Welfare Health shall, in
35
Maximum standards for such costs, per child. shall be estab-
36 cooperation and consultation with the Department of Educa-
36 lished by the Department of Social Welfare Health in con-
37 tion, determine the areas of the state in which the approval
37 sultation and cooperation with the Department of Education
38 and establishment of such preschool educational programs is
38 and with the advice of the advisory committee established pur-
39 most likely to fulfill the intent of this chapter.
39 suant to Section 16155, and such maximum cost standards
40
Any application to operate and maintain a preschool edu-
40 shall be applied beginning with the 1966-67 fiscal year and
41 cational program pursuant to this chapter may include a pro-
41 each year thereafter.
42 vision for the use of facilities owned and maintained by an
42
SEC. 661. Section 16153 of the Welfare and Institutions
43 eligible local nonprofit private agency, when such facilities
43 Code is amended to read:
44 may be necessary for the provision of a preschool educational
44
16153. The State Department of Social Welfare Health
45 program in the area to be served. Children between the ages
45 shall receive and administer state and federal funds for this
46 of three and six years who are not currently enrolled in the
46 program. Priority in the establishment of programs shall be
47 public schools shall be eligible to participate in these preschool
47 given to eligible public and nonprofit private agencies in
48 programs, provided that such instruction is deemed to be in the
48
communities with the greatest relative need for such programs.
49 best interests of the child. Special priority shall be given to
49
Notwithstanding any other provision of this code, the State
50 children from families of low income. Special priority shall
50 Department of Social Welfare Health shall not provide any
51 also be given to children from families in which English is not
51 per capita reimbursements pursuant to Section 16152 on ac-
52 the language primarily used in the home in order that they
52 count of any local preschool educational program established
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- 219
1 pursuant to this chapter which does not meet the minimum
1 ment of Public Health provides services not incidental to its
2 educational standards established by the State Board of Edu-
2 primary purpose, the provisions of this chapter continue to
3 cation and set forth in the contract entered into with the
3 apply to the hospital or establishment in respect to such ad-
4 Department of Education.
4 ditional services.
5
The State Department of Social Welfare Health shall have
5
The department Department of Health shall require, as a
6 only such functions, duties and responsibilities with respect to
6 condition to the issuance or retention of a license or permit,
7 the educational program carried on in preschool centers as is
7 that any contracts made by the institution, home, or place,
8 required by law and federal regulations.
8 under which payment is made in advance for care of the aged
9
SEC. 662. Section 16154 of the Welfare and Institutions
9 person for a period of one year or more, shall be in writing
10 Code is amended to read:
10 and in a form approved by the department, prior to its use
11
16154. The State Department of Social Welfare Health
11 by the institution, home, or place.
12 and the Department of Education shall cooperate fully with
12 SEC. 666. Section 16500 of the Welfare and Institutions
13 the State Board of Health to assure health services for all
13 Code is amended to read:
14 children enrolled in a program under this chapter.
14
16500. The state, through the State Department of Social
15
SEC. 663. Section 16155 of the Welfare and Institutions
15 Welfare Health and county welfare departments, shall estab-
16 Code is amended to read:
16 lish and support a public system of statewide child protective
17
16155. The Governor shall appoint an advisory committee
17 services to be developed as rapidly as possible and to be avail-
18
composed of one representative from the State Board of Pub-
18 able in each county of the state. All counties or combinations
19 lie Health Advisory Health Council, one representative from
19 of counties shall establish specialized units of protective serv-
20 the State Board of Education, one representative from the
20 ices for children.
21 State Social Welfare Board, the Directors of the Department
21
SEC. 667. Chapter 6 (commencing with Section 16575) is
22 of Education, State Department of Social Welfare, and State
22 added to Part 4 of Division 9 of the Welfare and Institutions
23 Department of Public Health, and three persons representing
23 Code, to read:
24 professional or civic groups or public or nonprofit private
24
25 agencies, organizations or groups concerned with preschool
25
CHAPTER 6. GENERAL PROVISIONS
26 educational programs, which shall provide for a continuing
26
27 evaluation of the effectiveness of such progråms and shall re-
27
16575. Whenever the term "department" or "State De-
28 port thereon at each general session of the Legislature.
28 partment of Social Welfare" or "Department of Social Wel-
29
SEC. 664. Section 16157 of the Welfare and Institutions
29 fare" occurs in this part it shall mean the Department of
30 Code is amended to read
30 Health. Whenever the term "director" or "Director of the
31
16157. The Superintendent of Public Instruction and the
31 State Department of Social Welfare" or "Director of the De-
32 Director of Social Welfare Health shall jointly report to the
32 partment of Social Welfare" occurs in this part, it shall mean
33 Legislature on the results of the preschool education programs
33 the Director of Health.
34
at the 1967 General Session and each general session there-
34
SEC. 668. Section 18200.1 is added to the Welfare and In-
35 after, and shall make recommendations for adjustments in
35 stitutions Code, to read:
36 the program.
36
18200.1. For the purposes of this chapter "department"
37
SEC. 665. Section 16200 of the Welfare and Institutions
37 means Department of Health and "director" means Director
38 Code is amended to read
38 of Health.
39
16200. No person, association, or corporation shall, with-
39
SEc. 669. Section 18205 is added to the Welfare and Insti-
40 out first having obtained a written license or permit therefor
40 tutions Code, to read:
41 from the department Department of Health or from an inspec-
41
18205. The Department of Social Welfare may authorize
42 tion service approved or accredited by the department Depart-
42 the payment of state funds for projects pursuant to this chap-
43 ment of Health, maintain or conduct any institution, boarding
43 ter to improve the administration of aid and to promote a more
44 home, or other place for the reception or care of aged persons,
44 effective and efficient system of public aid.
45 nor receive or care for any such person not related to him by
45
SEC. 670. Section 18351 of the Welfare and Institutions
46 blood or affinity within the second degree. The provisions of
46 Code is amended to read
47 this chapter do not apply to any hospital or establishment
47
18351. Funds appropriated by the Legislature or otherwise
48 holding a license in good standing, issued under the provisions
48 subject to expenditure for the purposes of this chapter shall
49 of Chapter 2 or Chapter 3 of Division 2 of the Health and
49 be made available to local public agencies on a matching
50 Safety Code, or to hospitals exempt from the provisions of
50
basis for
51 either or both of those chapters. However, where a hospital or
51
1. Community planning and development of services neces-
52 establishment holding such a license from the State Depart-
52 sary to carry out the objectives and purposes of this chapter.
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- 221
1
2. Demonstration of programs and activities by local com-
2 munities which are particularly valuable in carrying out such
1 policies for coordination of the various state programs for the
3 purposes.
2 adult blind, and for the coordination of the functions and
4
3. The provision of recreational and other leisure time ac-
3 programs of the various state departments insofar as such
5 tivities, information, referral and counseling services, and op-
4 functions and programs affect the adult blind.
6 portunities for older persons to engage in paid or volunteer
5
SEC. 674. Section 18601 of the Welfare and Institutions
7 community or civic services.
6 Code is amended to read
8
The state share of any project shall not exceed 50 percent of
7
18601. The council shall recommend policies to the various
9 the funds expended in connection with that project. The state
8 state departments, and shall make recommendations to the
10 share of any project involving a senior activities center shall
9 Legislature. The council shall report annually to the boards
11 be limited to the costs of providing staff, equipment and sup-
10 Board of Education and Public Health, the Department of
12 plies necessary to the center's program of activities and of
11 Social Welfare, the Department of Rehabilitation, the Depart-
13 minor alterations and improvements necessary to provide safe
12 ment of Health, and to the Legislature.
14 and adequate programs for participation of older persons.
13
SEC. 675. Section 18603 of the Welfare and Institutions
15
Local matching funds may be in the form of cash, facilities,
14 Code is amended to read
16
or services on the basis of a local plan submitted to and
15
18603. The council may establish such interdepartmental
17 approved by the Director of Social Welfare Health. The local
16 committees as may be necessary to coordinate the programs of
18 plan shall be in the form of a contract setting forth the objec-
17 the four departments and advise the council on matters of
19 tives of the plan and the responsibilities of the local organiza-
18 general or specific interest. Persons appointed to the interde-
20 tion. No plan shall be approved unless it is generally available
19 partmental committees shall be employees of the respective
21 to the older citizens of the community without discrimination
20 Departments of Education, Rehabilitation, Public Health,
22 because of race, religion, creed, color, national origin or an-
21 and Social Welfare.
23 cestry.
22
SEC. 676. Section 19801 of the Welfare and Institutions
24
SEC. 671. Section 18353 of the Welfare and Institutions
23 Code is amended to read:
25 Code is amended to read:
24
19801. The Department of Rehabilitation Health shall be
26
18353. The department Department of Health shall formu-
25 responsible for the development and maintenance of a state-
27 late and promulgate criteria by which community projects are
26 wide comprehensive plan for the conduct of vocational rehabil-
28 to be approved for matching funds. Such criteria shall be de-
27 itation programs for early detection and prevention of alcohol-
29 veloped by consultation with recognized experts in the field,
28 ism and effective treatment and rehabilitation; for encouraging
30 and interested groups or organizations shall be afforded full
29 and promoting effective use of facilities, resources, and funds
31 opportunity to be heard prior to their publication.
30 in the planning and conduct of programs and activities for
32
The California Commission on Aging, as established by Sec-
31 early detection and prevention of alcoholism and effective treat-
33 tion 18300 of this code, shall serve in an advisory capacity to
32 ment and rehabilitation; for developing a comprehensive state-
S4 the Director of Social Welfare Health for the purpose of assist-
33 wide educational program, in cooperation with the Department
35 ing in the establishment of criteria and evaluating proposals
34 of Education Department of Public Health, and other related
36
under which projects of local public agencies are to be approved
35 agencies, SO that all citizens will be made aware of the inherent
37
as being eligible to receive matching funds.
36 dangers involved in the misuse of alcoholic beverages, with this
38
SEC. 672. Section 18354 of the Welfare and Institutions
37 program to be at an adult, college, and secondary school level;
39 Code is amended to read
38 and for reporting periodically to the Governor and the Legis-
40
18354. The department Department of Health shall include
39 lature on the status of alcoholism and related matters in the
41 in its annual report an evaluative summary of the progress
40 state and on the progress of efforts to reduce the effects of
42 made in accomplishing the purpose of this chapter. Such report
41 alcoholism on the individuals, their families, the community,
43 shall also include a synopsis of local projects submitted to the
42 and the progress of the statewide public education program on
44 department Department of Health for matching funds, showing
43 the dangers involved in the misuse of alcoholic beverages.
45 the action taken in relation to them.
44
In the discharge of this responsibility, the department shall
46
SEC. 673. Section 18600 of the Welfare and Institutions
45 cooperate with and utilize to the maximum possible extent the
47 Code is amended to read
46 resources and services of federal, state, and local agencies, in-
48
18600. There is established a Coordinating Council on
47 cluding those within the Human Relations Agency.
49 State Programs for the Blind, the membership of such council
48
The Department of Rehabilitation Health is the successor to
50 to consist of the Director of Education, the Director of Re-
49 the Division of Alcoholism of the State Department of Public
51 habilitation, the Director of Social Welfare, and the Director
50 Health and the Department of Rehabilitation. Whenever a
52 of Public Health. The council shall consider and recommend
51 reference is in any statute or contract to the Division of Alco-
52 holism of the State Department of Public Health, or the De-
- 222
- 223
1 partment of Rehabilitation it shall be construed as the Depart-
1
(3) Public information training, staff development and
2 ment of Rehabilitation Health As used in this chapter
2
professional education.
3
"department" means Department of Health.
3
(4) Consultation and guidance to other local agencies and
4
SEC. 677. Section 19802 of the Welfare and Institutions
4
groups.
5 Code is amended to read
5
(5) Evaluation.
6
19802. The department shall plan, promote, and assist in
6 The department shall promote, develop, and financially assist
7 the support of vocational rehabilitation programs for early
7 such other services as may be required to implement the pro-
8 detection and prevention of alcoholism and effective treatment
8 visions of this chapter.
9 and rehabilitation; shall conduct, sponsor, and support inves-
9
Local public agencies conducting such cooperative vocational
10 tigations and studies, including evaluation, of all phases of
10
rehabilitation alcoholism programs shall maintain records and
11 alcoholism; shall assist in the development of educational and
11
submit periodic reports as required by the department.
12 training programs; and shall carry. on programs to assist the
12
SEC. 678. Section 19805 of the Welfare and Institutions
13 public, and technical and professional groups, in becoming
13
Code is amended to read:
14 fully informed about alcoholism.
14
19805. The department; the Department of Mental Пу-
15
The department shall promote, develop, and financially as-
15 giene, and the State Department of Public Health shall con-
16
sist, where necessary, community vocational rehabilitation alco-
16 sult with and render assistance to any county which requests
17
holism programs.
17 information or advice concerning the planning and operation
18
The department may directly administer community voca-
18
of its local plan.
19
tional rehabilitation programs or may conduct such programs
19
The State Department of Public Health department also has
20
as cooperative programs with a local department of public
20
the primary responsibility of consulting with and assisting any
21 health or mental health services as designated by the county
21
county making such request with respect to any medical serv-
22 board of supervisors, or such other local public agency as
22
ices provided by the local plan.
23 designated by the county board of supervisors which meets
23
SEC. 680. Section 19812 of the Welfare and Institutions
24 standards of training and experience, as the Department of
24
Code is amended to read:
25 Rehabilitation department shall prescribe after consultation
25
19812. All officers and employees of the agencies enumer-
26
with the State Department of Public Health and the Depart-
26
ated in Section 19701 on the operative date of this chapter
27
ment of Mental Hygiene.
27
the amendments to this section made at the 1971 Regular Ses-
28
The cooperative vocational rehabilitation alcoholism pro-
28
sion of the Legislature who are serving in the state civil serv-
29 grams will be conducted within a comprehensive local plan
29
ice, other than temporary employees, and or who are engaged
30 including, but not limited to, the following services as defined
30 in the performance of a function heretofore transferred to the
31 by the California State Plan for Vocational Rehabilitation
31 Department of Rehabilitation or who are engaged in the ad-
32
(a) Vocational rehabilitation services for individuals.
32
ministration of a law, the administration of which is trans-
33
(1) Casefinding including outreach, referral, and advo-
33
ferred to the Department of Rehabilitation, by this chapter
34
cacy.
34 shall be transferred to the Department of Rehabilitation
35
(2) Evaluation including diagnostic and related services.
35 Health and their status, positions, and rights shall not be
36
(3) Counseling and guidance.
36 affected by their transfer and they shall continue to be re-
37
(4) Physical restortation services, both inpatient and out-
37 tained as employees of the Department of Rehabilitation
38
patient including medical, surgical, psychiatric, psychologi-
38 Health pursuant to the State Civil Service Act, except as to
39
cal, and nursing services.
39 positions the duties of which are vested in a position exempt
40
(5) Training, including personal and vocational adjust-
40 from civil service.
41
ment, and related services.
41
SEC. 681. Section 19852 of the Welfare and Institutions
42
(6) Maintenance.
42 Code is amended to read:
43
(7) Transportation.
43
19852. Subject to the approval of the Secretary of the
44
(8) Services to family members.
44 Human Relations Agency, the Department of Rehabilitation
45
(9) Job placement.
45 Health shall prepare rules, standards, and procedures, neces-
46
10) Followup services.
46 sary and proper for the planning and effective operation of
47
(b) Vocational rehabilitation administration services for
47 treatment and rehabilitation programs. In preparing such
48
the community.
48 rules, standards, and procedures, the Department of Rehabil-
49
(1) Continuing measurement of local problem and re-
49 itation shall consult with the State Department of Mental
50
sources.
50 Hygiene and the State Department of Public Health and State
51
(2) Development and coordination of local programs.
- 224 -
1 Board of Public Health. Such rules, standards, and proce-
2 dures shall, to the extent feasible, be consistent and coordi-
3 nated with any adopted pursuant to the McAteer Alcoholism
4
Act.
5
SEC. 682. Section 19853 of the Welfare and Institutions
6
Code is amended to read:
7
19853. If a county determines that it will establish a com-
8 prehensive treatment and rehabilitation program for chronic
9 alcoholics, the county shall prepare a county plan for such
10 a treatment and rehabilitation program in strict conformance
11 with the rules, standards, and procedures provided for in Sec-
12 tion 19852. Such plans shall be submitted to the Department
13 of Rehabilitation Health. The Department of Rehabilitation
14 Health shall review all county plans, determine whether they
15 comply with the rules, standards, and procedures promul-
16 gated pursuant to this section, and grant or deny approval
17 of such plans on the basis of that determination. The Depart-
18 ment of Rehabilitation, the State Department of Mental Hy-
19 giene, and the State Department of Public Health shall con-
20 sult with and render assistance to any county which requests
21 information or advice concerning the planning and operation
22
of its local plan.
23
The State Department of Public Health has the primary
24 responsibility of consulting with and assisting any county
25 making such request with respect to any medical services pro-
26 vided by the local plan.
27
SEC. 682.5. Except as provided in Section 683, the provi-
28
sions of this measure shall become operative upon the recom-
29 mendation of the Director of Health and the approval of the
30 Secretary of the Human Relations Agency and the Depart-
31
ment of Finance, but no later than July 1, 1971.
32
SEC. 683. The provisions of this act relating to the crea-
33
tion of the Advisory Health Council and the abolition of the
34 State Board of Public Health, the Health Planning Council,
35
and the Health Review and Program Council, and the transfer
36 of functions therefrom, shall become operative at such time as
37 the Director of Health shall deem appropriate but no later
38 than one year after the operative date of the other provisions
39 of this act.
0
printed in CALIFORNIA OFFICE OF STATE PRINTING
80063-C-401 3-70 500
REORGANIZATION OF THE EXECUTIVE
BRANCH OF CALIFORNIA STATE
GOVERNMENT
Reorganization Plan No. 1 of 1970
February 26, 1970
HON. ED REINECKE, President
and Members of the Senate
HON. BoB MONAGAN, Speaker
and Members of the Assembly
Pursuant to Section 12080.2 of the Government Code, I
hereby transmit Reorganization Plan No. 1 of 1970.
Respectfully,
Ronald Ragan
RONALD REAGAN
Governor
TO НЗИАЯ8
REORGANIZATION PLAN NO. 1 OF 1970
CONTENTS
Page
Governor's Message
5
Reorganization Actions
7
will
General Provisions
15
Transfer of Employees
16
Transfer of Property
16
Transfer of Funds
17
Termination of Agencies Abolished
17
2-80063
(3)
GOVERNOR'S MESSAGE
In accordance with Section 12080.2 of the Gov-
ernment Code, I am submitting Reorganization
Plan No. 1 of 1970 for review by the Legislature.
The Plan has been reviewed by the Commission on
California State Government Organization and
Economy, and their comments have been carefully
considered in the preparation of the Plan. I have
found each reorganization action included in this
Plan to be in the public interest.
The problems surrounding the administration of
health programs are becoming increasingly com-
plex and difficult. Rapidly rising costs and an in-
efficient health care delivery system that needs im-
provement are two of the major problems facing
us. The State must provide more leadership in mo-
bilizing both public and private health resources
to meet these and other problems. We cannot pro-
vide such leadership without undertaking a basic
reorganization of the State's health programs.
The Plan that I am submitting to you will enable
us to eliminate much of the fragmentation that
exists in such fields as mental retardation, alco-
holism, and facilities licensing. It will permit us to
carry out comprehensive health planning more ef-
fectively, SO that better and less costly health care
is available to all Californians. It will encourage
integration of health and related services, replacing
the present system under which the consumer must
find his way through a maze of uncoordinated serv-
ices. It will put us in a better position to deal with
the growing demand for health manpower.
The State has a vital role to play in meeting
health needs of the people of California. Creation
of a Department of Health is an essential first step
if the State is to fulfill this role. I urge your sup-
port of the Plan.
This Plan has also been submitted to the Legisla-
tive Counsel as required by Section 8523 of the
Government Code.
(5)
- 7 -
REORGANIZATION ACTIONS
1. A Department of Health is established in the Human
Relations Agency.
The Department of Health is under the control
of an executive officer known as the Director of
Health. The Director is appointed by and holds office
at the pleasure of the Governor. The appointment
of the Director is subject to confirmation by the
Senate. The annual salary of the Director shall be
fixed by the Legislature.
The authority to make exempt appointments in
the existing Departments of Public Health, Mental
Hygiene and Health Care Services shall continue
to be available to the Governor in order to provide
the necessary leadership for the organizational ele-
ments of the new Department. Persons filling these
exempt positions shall be appointed by the Governor
and serve at the pleasure of the Director of Health.
The annual salaries shall be fixed by the Director of
Health, subject to approval by the Director of Fi-
nance.
The general powers and authorities of the Di-
rector are defined in Sections 11151 through 11157
of the Government Code. The Director of Health
shall be the appointing authority for all officers and
employees of the Department of Health, except for
the various boards and commissions appointed by
the Governor and their exempt appointees, and the
exempt appointees mentioned above.
Explanatory Material:
There is a need to consolidate the State's health pro-
grams into a unified Department of Health. At present,
responsibility for these programs is divided among several
departments. This fragmentation prevents effective plan-
ning, creates confusion at both the State and local level,
and limits the State's ability to achieve maximum benefit
from its expenditures for health.
As health programs have proliferated and expanded,
administrative problems have multiplied. Coordination
has become more difficult, funds have not necessarily been
- 8 -
- 9 -
allocated on the basis of priority of needs, costs of medical
Explanatory Material:
care have risen much more rapidly than the general cost
The Department of Mental Hygiene is responsible for
of living, and the consumer has been left with the formi-
providing mental health services, including diagnosis, care
dable task of threading his way through a maze of health
and treatment, and rehabilitation of mentally ill or men-
services in attempting to find the types of assistance ap-
tally retarded persons for whom no other treatment re-
propriate to his needs.
sources are available or suitable. This responsibility is car-
The organization of the State's health programs has
ried out through the operation of 14 State hospitals.
been complicated further by Federal funding require-
The Department administers the Lanterman-Petris-
ments. However, this situation appears to be changing.
Short Act, which provides funds for community programs
Passage of the Intergovernmental Cooperation Act in 1968
for the mentally ill. The Department also conducts re-
allows the states more flexibility in organizing programs
search into the causes, treatment, and prevention of men-
that are wholly or partly federally funded. It is antici-
tal illness and retardation; provides education for the
pated that organizational changes set forth in this plan
general public on mental health; and conducts training
can be accomplished without loss of Federal funds.
for mental health specialties.
Establishment of a Department of Health will enable
The two Neuropsychiatric Institutes carry on academic
the State to combine most of its health programs in a
instruction and research, both of which are basic responsi-
single organization. It will then be possible to structure
bilities of a university system. The Institutes are located
these programs in such a way that coordination is
on the campuses of the University of California Medical
achieved, health needs and programs are viewed compre-
Schools in San Francisco and Los Angeles. All members
hensively rather than as isolated segments, and services
of the professional staff of the Institutes hold faculty ap-
are organized more efficiently to facilitate their use by
pointments on the medical school staff, and the Institutes
consumers.
serve as the medical schools' Division of Psychiatry. Be-
The plan provides for appointment by the Governor of
cause of these interrelationships, it is difficult to establish
the Director of Health. His annual salary will be*fixed by
a clear dividing line between the functions and respon-
the Legislature. Positions at this level command a salary
sibilities of the medical schools and the Neuropsychiatric
of $32,000 per annum.
Institutes. Since the Institutes are performing a pre-
The plan also provides that the Governor shall retain
dominantly university function in a university setting
the authority to make exempt appointments that he now
and their transfer would have little impact on the bal-
has with respect to the Departments of Mental Hygiene,
ance of the Department of Mental Hygiene programs,
Public Health, and Health Care Services. In developing a
they should be assigned to the University for integration
strong management team to direct the operations of a
within its total educational system.
large, complex organization like the proposed Department
of Health, it is essential that the Governor have the op-
Statutes Suspended:
portunity to draw upon the best talent available, whether
Sections 4000, 4005, 7552 ,7554, 7605, 7701, 7703 and
within or outside State Government, in filling the key
7704 of the Welfare and Institutions Code.
policy positions in the Department.
Statutes Suspended:
3. The Department of Public Health is abolished and
None
all of its functions, authorities, and responsibilities
are transferred to the Department of Health.
2. The Department of Mental Hygiene is abolished
Explanatory Material:
and its functions, authorities, and responsibilities
The mission of the Department of Public Health is to
are transferred to the Department of Health. The
promote the highest level of health attainable for every
only exception to this is the two Neuropsychiatric
Californian in an environment which contributes positively
Institutes, which are transferred to the University
to healthful individual and family living. In carrying out
of California.
this mission, the department's responsibility includes iden-
tifying those biological, physical, and social conditions in
working, living, and recreational environments that are
- 10
- 11
detrimental to healthful living; planning and coordinat-
ing the provision of high quality comprehensive health
5. Ten of the healing arts boards in the Department
services and facilities to all segments of the population
of Professional and Vocational Standards, including
for the prevention and control of disease and disability;
all of their functions, authorities, and responsibil-
and encouraging the full participation of the people in
ities, are transferred to the Department of Health.
recognizing their health concerns and interests and in
These boards include:
taking action in relation to these,
All of these functions are appropriate to a Department
Board of Chiropractic Examiners
of Health and essential to its effective functioning.
Board of Dental Examiners
Statutes Suspended:
Board of Medical Examiners
Chapter 1 (commencing with Section 100) of Part 1
of Division 1, and Sections 350, 351, 354, 431.10, 26343
Board of Nursing Education and Nurse Registra-
and 26559 of the Health and Safety Code.
tion
4. The Department of Health Care Services is abol-
Board of Optometry
ished and all of its functions, authorities, and re-
Board of Osteopathic Examiners
sponsibilities are transferred to the Department of
Board of Pharmacy
Health.
Explanatory Material:
Board of Examiners in Veterinarian Medicine
The Department of Health Care Services is responsible
Board of Vocational Nurse and Psychiatric Tech-
for administering the California Medical Assistance Pro-
nician Examiners
gram, referred to as Medi-Cal. The purpose of the pro-
gram is to provide basic medical care and related remedial
Social Worker and Marriage Counselor Qualifi-
or preventive services to recipients of public assistance
cations Board
and to medically needy, aged, and other medically needy
Explanatory Material:
persons, including related social services.
The State is currently spending more than $1 billion
The demand for better protection of the public's health
per year on Medi-Cal, of which $454 million comes from
resulted in creation of the Board of Medical Examiners in
the Federal Government, $219 million from the counties,
1879 (and since that time, the other healing arts licensing
and $387 million from the State General Fund. It is es-
boards) to restrict entry only to qualified practitioners.
sential that, in evaluating total health needs and priorities,
The boards have wide statutory powers to set standards,
this program be viewed in conjunction with other health
conduct examinations, make investigations, and take dis-
programs. In addition, an expenditure program of this
ciplinary action against erring licensees. The basic pur-
magnitude is certain to influence the total health care de-
pose of these healing arts licensing programs is protection
livery system. It is in the interest of all Californians that
of the public health, safety, and welfare.
this influence be purposeful rather than random, and that
The Department of Public Health also licenses certain
the State work cooperatively with the private sector to
health occupations. Among these are clinical laboratory
find alternative ways of providing quality care at lower
technologists and trainees, bioanalysts, home health aides,
cost. This can best be accomplished by placing respon-
public health microbiologists, public health nurses, public
sibility for Medi-Cal in the Department of Health, where
health sanitarians, radiologic technicians, and school au-
decisions affecting that program can be related directly
diometrists.
to comprehensive health planning and other health activ-
One of the responsibilities of the proposed Department
ities.
of Health is to assess the need for health manpower and
develop plans to meet that need. Decisions made by the
Statutes Suspended:
healing arts licensing boards may have a significant im-
Chapter 3.5 (commencing with Section 10750) of
pact on the ability of the state to implement these plans.
Part 2 of Division 9 of the Welfare and Institutions
The licensing function must be closely coordinated with
Code.
- 12 -
- 13 -
the planning for health manpower. Such coordination can
porarily ill, permanently disabled, or feeble aged are li-
be accomplished most effectively by assigning both respon-
censed by the Department of Public Health, funded by
sibilities to a Department of Health. Combining these
the Department of Health Care Services, duplicated to a
functions will also help to eliminate the repetition of edu-
large extent by the Department of Social Welfare's at-
cational programs which is sometimes required when a
tendant care-homemaker program, and used by the same
person attempts to upgrade his skills and qualify for work
client group.
at a higher professional level.
One of the major social service functions of the De-
Statutes Suspended:
partment of Social Welfare is licensing of institutions for
None
children and aged. The apparent purpose for licensing
such residential facilities is to insure the health and safety
6. The social service functions, authorities, and re-
of the public. At present, this responsibility is divided
among several State departments. Effective administration
sponsibilities of the Department of Social Welfare
of the State's functions related to licensing of out-of-home
are transferred to the Department of Health.
care facilities can best be accomplished by consolidating
Explanatory Material:
these functions in the Department of Health.
Three major departments being consolidated into the
There is general acceptance at all levels of government
Department of Health-Mental Hygiene, Public Health,
of the desirability of making a clear separation of the two
and Health Care Services-also have social work staffs.
basic responsibilities generally associated with welfare
In addition, social workers are included as an integral
programs-social services and money payments. The Fed-
part of the staffs of local community programs for the
eral Department of Health, Education, and Welfare has
mentally ill and mentally retarded. Consolidation of State
recommended organizational separation of social services
responsibility for social services in the Department of
from cash payments in welfare programs. The State has
Health will permit the integration of this staff into a more
concurred and organized its functions along these lines.
effective system, with a consequent improvement in the
In addition, the State has directed the counties to effect
quality of service rendered to the public.
a similar organizational separation by July 1, 1970.
Along with this separation, there is a growing recogni-
Statutes Suspended:
tion of the interrelationship and interdependency of
None
health services and social services. The line between the
two types of services is becoming increasingly blurred,
7. All of the functions, responsibilities, and authorities
particularly at the local level. The Department of Social
of the Department of Rehabilitation in connection
Welfare, directly and through the counties, provides a
number of social services to people-most of whom are
with its alcoholism program are transferred to the
recipients of cash or medical assistance. These social serv-
Department of Health.
ices have varying degrees of relatedness to health services.
Explanatory Material:
They range from the placement of persons discharged
from State hospitals in out-of-home care facilities to the
The Department of Rehabilitation is responsible for
supervision of county adoption programs; from identi-
carrying out the provisions of the McAteer Alcoholism
fication of medical treatment needs to promotion of ade-
Act, along with certain other laws related to alcoholism.
quate child nutrition and from family planning counsel-
In doing so, the department operates directly one alco-
holism clinic and contracts with various cities and coun-
ing to the provision of a home health aide or homemaker.
At present, several State departments have overlapping
ties for the operation of 13 others. Until recently, the
responsibilities in the health and social service fields.
responsibility for this program was vested in the Depart-
Alcoholism clinics, local mental health clinics, and diag-
ment of Public Health. Subsequently, the responsibility
nostic centers for mental retardation compete with the
was shifted to the Department of Rehabilitation. As a
county welfare department's protective services for
result of Congress' passing the Intergovernmental Co-
budget resources, qualified staff, and even clients. To cite
operation Act in 1968, it appears that the function can be
another example, home health aide services for the tem-
reassigned to the Department of Health without loss of
Federal funds.
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- 15 -
The Department of Mental Hygiene provides similar
field of health. This can be accomplished by creating an
services to alcoholics through the Lanterman-Petris-Short
Advisory Health Council, consisting of 19 members rep-
program, using a combination of clinics, purchased serv-
resenting a broad range of health interests.
ices, and State hospitals. The programs of the two depart-
One of the primary responsibilities of the Advisory
ments operate independently, and there has been little
Health Council will be to assist the Department of Health
concerted effort to coordinate their activities.
in comprehensive health planning. The Council will be ex-
Transfer of the Department of Rehabilitation's respon-
pected to take the long view ahead, developing a concept
sibility for alcoholism to the Department of Health will
of the kinds of health services that should be available to
eliminate the present program overlap with the Depart-
the public, five, ten, and fifteen years from now. It should
ment of Mental Hygiene and will make it possible to pro-
conduct a continuous evaluation of the health care de-
vide a systematic approach to the prevention of alcoholism
livery system and make recommendations to improve it.
and to the identification, treatment, and rehabilitation of
Working with public and private groups representing
alcoholics.
both providers and consumers, the Council should help to
clarify the roles of government and the private sector in
Statutes Suspended:
health. Part of the total delivery system is the health pro-
None
grams now carried out by the State, such as operation of
State hospitals, support of health programs carried out at
8. The State Board of Public Health, the Health Plan-
the local level, and Medi-Cal. The Council should recom-
ning Council, and the Health Review and Program
mend policy directions in relation to these areas that will
Council are to be eliminated. All of their functions,
provide a basis for program decisions.
authorities, and responsibilities are to be trans-
The rule-making and licensing responsibilities of the
State Board of Public Health will be transferred to the
ferred to an Advisory Health Council, except that
Director of Health. This follows the pattern established
the powers of the State Board of Public Health with
in a number of other departments of State Government,
respect to adopting, promulgating, repealing, or
enabling the Advisory Health Council to concentrate on
amending rules and regulations, and its power to
major policy issues.
issue licenses and permits, are to be transferred to
Insofar as possible, the membership of the Advisory
the Director of Health. The composition of the Ad-
Health Council will be drawn from the present member-
visory Health Council will be the same as that now
ship of the three boards being eliminated.
prescribed by law for the Health Planning Council,
Statutes Suspended:
except for elimination of the positions of Director
Sections 431.2 and 26344 of the Health and Safety
Code and Sections 14125 and 14126 of the Welfare
of Public Health and Director of Mental Hygiene.
and Institutions Code.
The Advisory Health Council will serve in an ad-
visory capacity to the Director of Health. These re-
GENERAL PROVISIONS
organization actions will be accomplished no later
than one year from the operative date of this Re-
This Reorganization Plan is effective on the date specified
organization Plan, or earlier at the discretion of the
by Government Code Section 12080.5. The plan shall become
Director of Health.
operative at such time as is recommended by the Director of
the Department of Health, and approved by the Secretary of
Explanatory Material:
the Human Relations Agency and the Department of Finance,
At present, there are numerous boards, commissions,
but not later than July 1, 1971. On the effective date of the
and committees advising various State health agencies.
transfer of a function, the funds incident to such function
With the consolidation of health programs into a Depart-
shall be transferred to the department.
ment of Health, there is a need to consolidate some of the
The appointment of the Director of the Department of
boards that have broad advisory responsibilities in the
Health may be made on or after the effective date of this plan,
and he shall assume such administrative functions and be
- 16 -
- 17 -
vested with such powers provided for in this plan as are neces-
tration has been transferred. If any doubt arises as to where
sary to carry out the provisions of this section. The director,
such property is transferred, the Department of General Serv-
immediately after his appointment, shall appoint such assist-
ices shall determine where the property is transferred. The
ants as are necessary to plan and provide for the orderly as-
property of any agency which is abolished shall be transferred
sumption of those functions transferred to the department.
to the Department of General Services.
The director shall recommend that the plan become opera-
tive when he has made all arrangements necessary to assure
Explanatory Material
the effectuation of the transfer of programs and funds under
This provision is required by Government Code Section
the plan in an orderly manner and with no disruption of func-
12080.3(d).
tions and upon determining that sufficient funds and personnel
TRANSFER OF FUNDS
for proper administration are available for implementation of
the plan.
All unexpended balances of appropriations and other funds
The agencies, officers and employees affected by this plan
available for use in connection with any function or the ad-
shall continue to perform their existing functions until the
ministration of any law transferred by this Reorganization
reorganization changes take place.
Plan shall be transferred to the agency to which the function
In addition to the description of the reorganization of vari-
or administration has been transferred for use for the pur-
ous agenices in the Executive Branch of the State Govern-
pose for which the appropriation was originally made or the
ment, there is also set forth explanatory material and the
funds originally available. If there is any doubt as to where
statutes that are suspended (required by Government Code
such balances and funds are transferred, the Department of
Sections 12080.2 and 12080.3(g)). To facilitate understanding
Finance shall determine where such balances and funds are
and reference, the explanatory material immediately follows
transferred. All unexpended balances of appropriations and
the reorganization to which it is applicable.
other funds for functions eliminated by this Reorganization
Plan shall revert to the fund from which appropriated as de-
TRANSFER OF EMPLOYEES
termined by the Department of Finance.
In accordance with Government Code Sections 12080.3 and
Explanatory Material
19370, all employees serving in the State civil service, other
This provision is required by Government Code Section
than temporary employees, who are engaged in the perform-
12080.3(e).
ances of a function transferred to another agency, or engaged
in the administration of a law, the administration of which is
TERMINATION OF AGENCIES ABOLISHED
transferred to another agency by this Reorganization Plan, are
The affairs of any agency abolished by this Reorganization
transferred to the agency to which such function or administra-
Plan shall be terminated as rapidly as possible. Such termina-
tion is transferred. The personnel records of all transferred
tion shall be the responsibility of the Governor's Cabinet.
employees shall be transferred to the agency to which the em-
ployee is transferred. The status, positions, and rights of such
Explanatory Material:
persons shall not be affected by their transfer and shall con-
This provision is required by Government Code Section
tinue to be retained by them pursuant to the State Civil Serv-
12080.3(f).
ice Act, except as to positions the duties of which are vested
in a position exempt from civil service. If any doubt arises as
to where such employees are transferred, the Personnel Board
shall determine where an employee is transferred.
Explanatory Material
This provision is required by Government Code Section
12080.3( and (d).
TRANSFER OF PROPERTY
The property of any agency affected by this reorganization
printed in CALIFORNIA OFFICE OF STATE PRINTING
is transferred to the agency to which the function or adminis-
80063-401 3-70 2M
REORGANIZATION OF THE EXECUTIVE
BRANCH OF CALIFORNIA STATE
GOVERNMENT
Reorganization Plan No. 2 of 1970
February 26, 1970
HON. ED REINECKE, President
and Members of the Senate
HON. BoB MONAGAN, Speaker
and Members of the Assembly
Pursuant to Section 12080.2 of the Government Code, I
hereby transmit Reorganization Plan No. 2 of 1970.
Respectfully,
Ronald Reagan
RONALD REAGAN
Governor
REORGANIZATION PLAN NO. 2 OF 1970
CONTENTS
Page
Governor's Message
5
Reorganization Actions
7
General Provisions
15
Transfer of Employees
15
Transfer of Property
16
Transfer of Funds
16
Termination of Agencies Abolished
16
(3)
GOVERNOR'S MESSAGE
In accordance with Section 12080.2 of the Gov-
ernment Code, I am submitting Reorganization
Plan No. 2 of 1970 for review by the Legislature.
It has also been submitted to the Commission on
California State Government Organization and
Economy and to the Legislative Counsel as pro-
vided in Section 8523 of the Government Code. I
have found each reorganization action included in
this Plan to be in the public interest.
The actions proposed in this Plan will increase
efficiency, save the taxpayers money, provide more
effective management of the Executive Branch
and more particularly of the boards, bureaus,
committees and commissions of the Department
of Professional and Vocational Standards and
will promote the expeditious administration of the
public business.
This Plan emphasizes that the Department of
Professional and Vocational Standards and the
agencies contained within the Department were
created to protect the public health, safety, and
welfare and that their primary interest is con-
sumer protection in the public interest. As reor-
ganized the Department of Consumer Affairs will
be the first major state agency of its kind in the
United States.
The Plan constitutes one of several important
changes in the continuing process of updating our
State Government. I am certain that, with your
support, it will prove to be a constructive step in
streamlining and making more efficient the opera-
tion of the department.
(5)
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REORGANIZATION ACTIONS
1. The name of the Department of Professional and
Vocational Standards is changed to the Department
of Consumer Affairs.
Explanatory Material:
This change is a step which re-emphasizes the basic
responsibilities of this department in State government.
The department's primary purpose is to protect the public
health, safety, and welfare. The new name is more de-
scriptive of the functions of the department in consumer
protection and better identifies these functions for the
consumer in the field of business and professional li-
censing.
Statutes Suspended:
None
2. The Office of Consumer Counsel is transferred to
the Department of Consumer Affairs.
Explanatory Material:
Both the Department of Consumer Affairs and the
Office of Consumer Counsel are in the Agriculture and
Services Agency. This will provide statutory confirmation
of an administrative change, already completed, to place
the Office of Consumer Counsel in the department most
logically related to its functions. The change will provide
the Consumer Counsel with additional administrative sup-
port and will enable the public to more easily identify
and locate the agency.
Statutes Suspended:
None
3. The Collection Agency Licensing Bureau and the
Bureau of Private Investigators and Adjusters are
abolished and their functions, powers, duties, and
responsibilities transferred to the Bureau of Collec-
tion and Investigative Services, which is established
in the department under the supervision and control
of the director. Subject to confirmation by the
Senate, the Governor may appoint a chief of the
new bureau to serve under the supervision and
- 8 -
- 9 -
control of the director. The director and the chief
work of the various agencies in the department is
shall have the same functions, powers, duties and
transferred from the agencies themselves to the
responsibilities with respect to each of the acts
department in the following manner: If an agency
subject to the new bureau's jurisdiction as they
has no investigative, inspectional, or auditing po-
have with respect to such acts under present law,
sitions of its own on the 60th day after the effective
and the present separate funding of each act shall
date of this Reorganization Plan, its authority to
be continued. The name of the California Advisory
employ such personnel is transferred to the depart-
Board of Collection Agencies is changed to the
ment on that date. If an agency has investigative,
Collection Agency Advisory Board.
inspectional, or auditing positions of its own on the
Explanatory Material:
60th day after the effective date of this Reorgani-
At present the director administers the Collection
zation Plan, its authority to employ such personnel
Agency Act and the Private Investigator and Adjuster
is transferred to the department on the date the
Act through the Collection Agency Licensing Bureau and
director of the department determines, after con-
the Bureau of Private Investigators and Adjusters, re-
sultation with and consideration of the views of
spectively, and the law provides for a chief of each bureau.
Consolidation of the bureaus, with provision for a single
the agency, that the authority should be SO trans-
chief, will assure better coordination of related activities
ferred in the interests of efficient, economical, and
and permit a more efficient, economical, and effective serv-
effective service to the public. All investigative,
ice to the public.
inspectional, and auditing personnel employed by
Statutes Suspended:
the department shall be assigned to the depart-
None
ment's Division of Investigation.
Explanatory Material:
4. The name of the Bureau of Electronic Repair Dealer
The Division of Investigation, which was created by
Registration is changed to the Bureau of Repair
Executive Order of the Governor in 1961, operates under
Services. The name of the Advisory Board, Bureau
the direction and control of a Chief who is responsible to
of Electronic Repair Dealer Registration, is changed
the Director. At present, its personnel perform the in-
to the Repair Services Advisory Board. The name
vestigative and inspectional work required by most of the
of the Electronic Repair Dealer Registration Fund
agencies in the department and these agencies no longer
employ their own personnel. Authorization for the transfer
is changed to the Repair Services Fund.
to the Division of the personnel of the remaining agencies
Explanatory Material:
is a desirable step toward full realization of the potential
The name change is more descriptive of the functions
for economy and for effective and objective service to the
of the bureau and is in keeping with the administration's
public which underlies the Division concept.
proposed umbrella agency concept. Under this concept the
Statutes Suspended:
Legislature may, if deemed desirable in the public interest,
None
expand the bureau to encompass the regulation of other
types of repair industries.
6. All functions, authorities and responsibilities of any
Statutes Suspended:
agency in the Department of Consumer Affairs to
None
determine the form and content of licenses, certifi-
cates, permits and similar indicia of authority,
5. The authority to employ the investigative, inspec-
including renewals thereof, are transferred to the
tional, and auditing personnel necessary for the
director. Before any determination is made by the
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- 11 -
director he shall consult with and consider the
The appointment to the California State Board
views of the agencies concerned. Existing supplies
of Architectural Examiners shall be to fill the va-
may be used until exhausted or until December 31,
cancy created by the expiration of the term of the
1971, whichever is earlier.
building designer member whose term expires Jan-
Explanatory Material:
uary 15, 1971. The first appointment shall be for
Standardization of the form and content of these docu-
a term expiring June 1, 1974. Each appointment
ments will eliminate unnecessary information, together
thereafter shall be for a four-year term expiring
with such costly procedures as hand lettering, and will
June 1.
permit greater utilization of data processing capabilities.
The result will be increased efficiency and economy with-
The appointment to the California State Board
out the sacrifice of essential service.
of Landscape Architects shall be to fill the vacancy
Statutes Suspended:
created by the expiration of the term of the land-
None
scape architect member from Southern California
whose term expires January 15, 1971. The first
7. The Governor shall appoint a public member to
appointment shall be for a term expiring June 1,
replace one of the present licensee members on
1974. Each appointment thereafter shall be for a
the following boards in the Department of Con-
four-year term expiring June 1.
sumer Affairs: State Board of Accountancy, Cali-
fornia State Board of Architectural Examiners,
The appointment to the State Board of Barber
Examiners shall be to fill the vacancy created by
California State Board of Landscape Architects,
State Board of Barber Examiners, State Board of
the expiration of the term of the barber member
Registration for Professional Engineers, Collection
whose term expires January 15, 1971. The first
Agency Advisory Board, Contractors' State License
appointment shall be for a term expiring June 1,
Board, State Board of Cosmetology, State Board of
1974. Each appointment thereafter shall be for a
Funeral Directors and Embalmers, State Board of
four-year term expiring June 1. The persons so
Registration for Geologists, Structural Pest Control
appointed shall not receive a salary but shall receive
Board, Cemetery Board, California Advisory Board
the same per diem compensation and reimburse-
of Furniture and Bedding. Each office SO affected
ment for expenses as the present public member.
shall thereafter be held by a public member.
Appointments to this board shall be subject to
Senate confirmation, as required by present law.
The appointment to the State Board of Account-
ancy shall be to fill the first vacancy occurring in
The appointment to the State Board of Registra-
the office of a certified public accountant member
tion for Professional Engineers shall be to fill the
whose term expires November 26, 1972. If a va-
vacancy created by the expiration of the term of
cancy occurs in more than one of such offices
the civil engineer member whose term expires Jan-
simultaneously, the Governor shall determine the
uary 15, 1971. The first appointment shall be for
office to be filled by the appointment of a public
a term expiring June 1, 1974. Each appointment
member. The term of the office shall remain the
thereafter shall be for a four-year term expiring
June 1.
same as under present law.
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- 13 -
The appointment to the Collection Agency Advi-
created by the expiration of the term of the geolo-
sory Board shall be to fill the first vacancy occurring
gist member from Administrative District 5 whose
in the office of a member whose term expires June
term expires January 15, 1971. The first appoint-
30, 1971. If a vacancy occurs in more than one of
ment shall be for a term expiring June 1, 1974.
such offices simultaneously, the Governor shall
Each appointment thereafter shall be for a four-
determine the office to be filled by the appointment
year term expiring June 1.
of a public member. The term of the office shall
The appointment to the Structural Pest Control
remain the same as under present law.
Board shall be to fill the vacancy created by the
The appointment to the Contractors' State Li-
expiration of the term of the member whose term
cense Board shall be to fill the first vacancy occur-
expires January 15, 1971. The first appointment
ring in the office of the general building contractor
shall be for a term expiring June 1, 1974. Each
member whose term expires January 15, 1972. An
appointment thereafter shall be for a four-year
appointment to fill a vacancy occurring prior to
term expiring June 1.
January 15, 1972, shall be for a term expiring Jan-
The appointment to the Cemetery Board shall be
uary 15, 1972. An appointment to fill a vacancy
to fill the vacancy created by the expiration of the
occurring on or after January 15, 1972, but prior
term of the member whose term expires January
to June 1, 1975, shall be for a term expiring June
15, 1971. The first appointment shall be for a term
1, 1975. Appointments to fill vacancies occurring
expiring June 1, 1974. Each appointment thereafter
on and after June 1, 1975, shall be for four-year
shall be for a four-year term expiring June 1.
terms expiring June 1. Appointments to this board
Appointments to this board shall be subject to
shall be subject to Senate confirmation, as required
Senate confirmation, as required by present law.
by present law.
The appointment to the California Advisory Board
The appointment to the State Board of Cosme-
of Furniture and Bedding shall be to fill the first
tology shall be to fill the vacancy created by the
vacancy occurring in the office of the supply dealer
expiration of the term of the member whose term
member whose term expires June 30, 1973. The
expires January 15, 1971. The first appointment
term of the office shall be the same as under
shall be for a term expiring June 1, 1974. Each
present law.
appointment thereafter shall be for a four-year
Explanatory Material:
term expiring June 1.
The substitution of public members for licensee members
The appointment to the State Board of Funeral
will result in greater objectivity in the regulatory process
Directors and Embalmers shall be to fill the va-
and increased responsiveness to the public interest by the
boards affected. Certain boards have been excluded be-
cancy created by the expiration of the term of the
cause they presently have two or more public members.
member whose term expires January 15, 1971.
The Athletic Commission and the State Board of Guide
The first appointment shall be for a term expiring
Dogs for the Blind, also excluded, have no licensee mem-
June 1, 1974. Each appointment thereafter shall be
bers. The Certified Shorthand Reporters Board, similarly
for a four-year term expiring June 1.
excluded, has a complement of non-licensee membership
which makes the addition of public members unnecessary.
The appointment to the State Board of Regis-
The healing arts boards and related examining committees
tration for Geologists shall be to fill the vacancy
are included in another reorganization plan which will
- 14 -
- 15 -
place them in another department and are therefore ex-
cluded from this Plan.
GENERAL PROVISIONS
The terms of the public members for whom this Plan
provides will be in general conformity with the terms
This Reorganization Plan is effective on the date specified by
established by present law for the offices to which they
Government Code Section 12080.5. The agencies, officers and
are to be appointed.
employees affected by this Plan shall continue to perform their
Statutes Suspended:
existing functions for sixty days following the effective date
None
of this Reorganization Plan and during this period shall plan
for the necessary changes. The reorganization changes herein
provided shall take place on the sixtieth day after the effective
date of this Plan except as otherwise provided in this Plan.
In addition to the description of the reorganization of var-
ious agencies in the Executive Branch of the State Govern-
ment, there is also set forth explanatory material and the
statutes that are suspended (required by Government Code
Sections 12080.2 and 12080.3(g)). To facilitate understanding
and reference, the explanatory material immediately follows
the reorganization to which it is applicable.
TRANSFER OF EMPLOYEES
In accordance with Government Code Sections 12080.3 and
19370, all employees serving in the State civil service, other
than temporary employees, who are engaged in the perform-
ance of a function transferred to another agency, or engaged
in the administration of a law, the administration of which is
transferred to another agency by this Reorganization Plan,
are transferred to the agency to which such function or ad-
ministration is transferred. The personnel records of all trans-
ferred employees shall be transferred to the agency to which
the employee is transferred. The status, positions, and rights
of such persons shall not be affected by their transfer and
shall continue to be retained by them pursuant to the State
Civil Service Act, except as to positions the duties of which
are vested in a position exempted from civil service. If any
doubt arises as to where such employees are transferred, the
Personnel Board shall determine where an employee is trans-
ferred.
Explanatory Material:
This provision is required by Government Code Section
12080.3(c) and (d).
- 16 -
TRANSFER OF PROPERTY
The property of any agency affected by this reorganization
is transferred to the agency to which the function or adminis-
tration has been transferred. If any doubt arises as to where
such property is transferred, the Department of General Serv-
ices shall determine where the property is transferred. The
property of any agency which is abolished shall be transferred
to the Department of General Services.
Explanatory Material:
This provision is required by Government Code Section
12080.3(d).
TRANSFER OF FUNDS
All unexpended balances of appropriations and other funds
available for use in connection with any function or the ad-
ministration of any law transferred by this Reorganization
Plan shall be transferred to the agency to which the function
or administration has been transferred for use for the pur-
pose for which the appropriation was originally made or the
funds originally available. If there is any doubt as to where
such balances and funds are transferred, the Department of
Finance shall determine where such balances and funds are
transferred. All unexpended balances of appropriations and
other funds for functions eliminated by this Reorganization
Plan shall revert to the fund from which appropriated as de-
termined by the Department of Finance.
Explanatory Material:
This provision is required by Government Code Section
12080.3(e).
TERMINATION OF AGENCIES ABOLISHED
The affairs of any agency abolished by this Reorganization
Plan shall be terminated as rapidly as possible. Such termina-
tion shall be the responsibility of the Governor's Cabinet.
Explanatory Material:
This provision is required by Government Code Section
12080.3(f).
O
printed in CALIFORNIA OFFICE OF STATE PRINTING
80035-401 2-70 1M
REORGANIZATION OF THE EXECUTIVE BRANCH
OF CALIFORNIA STATE GOVERNMENT
REORGANIZATION PLAN NO. 1 OF 1971
Transmitted to the Legislature
on June 2, 1971
RONALD REAGAN
Governor
- 3 -
GOVERNOR'S MESSAGE
In accordance with Section 12080.2 of the Gov-
ernment Code, I am submitting Reorganization
Plan No. 1 of 1971 for review by the Legislature.
I have found each reorganization action included
in the Plan to be in the public interest.
The actions proposed in this Plan will increase
the efficiency of the operation of state government
to the fullest extent practicable, and promote the
better execution of the laws relating to water qual-
ity control. Regional Water Quality Control Boards
reorganized by these actions would be more con-
solidated, permitting more efficient management of
each region and easier access to board meetings by
the public, board members, and staff, without re-
quiring the creation of a new board.
The Porter-Cologne Water Quality Control Act
became effective on January 1, 1970. It is most
appropriate at this time to accomplish needed re-
organization of the regional water quality control
boards and their regions for the effective enforce-
ment of the revised water quality control laws.
- 5 -
REORGANIZATION ACTIONS
1. The California Regional Water Quality Control
Board, Central Valley Region, is renamed the Cali-
fornia Regional Water Quality Control Board, Sac-
ramento Valley Region, and its region is changed by
transfer:
a. To exclude all that portion of the San Joaquin
Valley which lies southerly of (1) the Stanislaus
River watershed in Tuolumne County and (2)
the Hetch Hetchy Aqueduct in Stanislaus and
San Joaquin Counties.
b. To exclude an industrial area about ten miles
wide in the westerly Sacramento-San Joaquin
Delta in accordance with Reorganization Action
4.
c. To include Lake Tahoe and all the northerly por-
tion of the Lahontan Region from the California-
Oregon border to and including Alpine County.
2. The California Regional Water Quality Control
Board, San Joaquin-High Desert Region, is estab-
lished, and its region consists of:
a. The entire southern portion of the Central Val-
ley Region, bounded on the north by the south-
erly boundary of the Sacramento Vally Region;
and
b. The entire southerly portion of the Lahontan
Region, bounded on the north by the northwest-
erly boundary of Mono County.
3. The California Regional Water Quality Control
Board, Lahontan Region, is abolished.
Statutes Suspended:
Water Code Section 13200 (h).
4. The region of the California Regional Water Quality
Control Board, San Francisco Bay Region, is
changed by transfer:
- 6 -
7 -
a. To include all that portion of Solano County
GENERAL PROVISIONS
which lies westerly of Toland Landing and south-
erly of the southerly watershed boundary of
This Reorganization Plan is effective on the date specified
Clank Hollow.
by Government Code Section 12080.5. The regional boards,
b. To include all that portion of Contra Costa County
officers and employees affected by this Plan shall continue to
which lies westerly or northerly of the southeast-
perform their existing functions for 60 days following the ef-
erly boundary of the watershed of Marsh Creek.
fective date of this Reorganization Plan and during this period
shall plan for the necessary changes, except that the State
c. To include the area lying westerly of a line drawn
Water Resources Control Board shall promptly designate from
between Toland Landing and the point where
personnel of a reorganized board an interim staff for the San
Marsh Creek empties into Dutch Slough and Big
Joaquin-High Desert Regional Board. The reorganization
Break.
changes herein provided shall take place 60 days after the
effective date of this Plan, except as otherwise provided herein.
5. All members of a California regional water quality
control board whose residence or principal place of
business no longer qualifies them to serve on the
TRANSFER OF EMPLOYEES
same board as a result of this reorganization shall
In accordance with Government Code Sections 12080.3(c)
be designated by the Governor, to the extent they
and 19370, all employees serving in the state civil service, other
are otherwise qualified and a vacancy exists, as
than temporary employees, who are engaged in the perform-
members of a reorganized board. In cases where
ance of a function transferred to another board by this Re-
the reorganization results in more than one person
organization Plan, are transferred to the board to which such
qualified by comparable background, the Governor
function is transferred. The personnel records of all trans-
shall designate the person with the longest remain-
ferred employees shall be retained in the offices of the State
ing term to serve as a member of the reorganized
Water Resources Control Board. The status, positions, and
board. In the event of a conflict the Governor shall
rights of such persons shall not be affected by their transfer the
designate the person to serve on the reorganized
and shall continue to be retained by them pursuant to
board.
State Civil Service Act, except as to positions the duties of
which are vested in a position exempt from civil service.
6. Any person in the position of executive officer of a
regional water quality control board affected by this
reorganization may be appointed by, and shall serve
TRANSFER OF PROPERTY
at the pleasure of, any board reorganized by this
The property of any board affected by this reorganization
plan.
is transferred to the board to which the function has been
transferred. If any doubt arises as to where such property is
transferred, the State Water Resources Control Board shall
determine where the property is transferred.
TRANSFER OF FUNDS
All unexpended balances of appropriations and other funds
available for use in connection with any function transferred
by this Reorganization Plan shall be transferred to the board
- 8 -
to which the function has been transferred for use for the pur-
pose for which the appropriation was originally made or for
which the funds were originally available.
TERMINATION OF REGIONAL BOARD ABOLISHED
The affairs of the Lahontan Regional Board after this Re-
organization Plan becomes effective shall be terminated as
rapidly as possible.
printed in CALIFORNIA OFFICE OF STATE PRINTING
81984-983 6-71 1,500