California Health and Safety Code

Last updated

The California Health and Safety Code is the codification of general statutory law covering the subject areas of health and safety in the state of California. [1] It is one of the 29 California Codes and was originally signed into law by the Governor of California on April 7, 1939. [2]

Contents

Notable laws

The code contains various laws, including:

Healthcare

Health insurance

  • In Division 2, the Knox-Keene Health Care Service Plan Act of 1975 in Division 2. Chapter 2.2., 1340 - 1399.864, [13] which is enforced by the California Department of Managed Health Care and regulates most health insurance in California, although some plans are regulated by the California Department of Insurance (CDI) with sometimes similar "companion" statutes in the California Insurance Code. [14] Within this section are various laws affecting transparency and mandated benefits for health insurance plans, [15] which are part of a broader movement among states [16] including:
    1. a standard formulary jointly developed with the CDI [17] which was passed in 2014 [18]
    2. for prescription prior authorization, SB 866 passed in 2011 mandated a standardization of forms jointly developed with CDI [19] which became effective by 2015 with Form 61-211; this was further amended by SB 282 in 2016 [20] which allowed prescribers flexibility to use other methods such as the SCRIPT system [20]
    3. a limit to prescription drug cost-sharing first passed as AB 339 [21] [22] [23] in 2015 and then extended by SB 1021 in 2018 [24]
    4. like all states, California mandates coverage for certain benefits, [25] which are related but distinct from the essential health benefits mandated by the PPACA; these mandates are reviewed by the California Health Benefits Review Program which advises the legislature on proposed mandates [26]
  • laws regarding cost transparency include an all-payer claims database (AB 1810) [27] with possible explorations into single payer [28] as well as cost transparency on prescription drugs [29]

Environmental

Safety

Sanitation and waste management

Division 5 is entitled Sanitation; however, in 1989, California Integrated Waste Management Act (IWMA) of 1989 moved much of the waste management law into the California Public Resources Code [37]

Other

Division 2 licensing

Division 2 contains licensing requirements for a variety of healthcare facilities. Physicians are licensed by the Medical Board of California.

Chapter 2 enumerates 13 types of facilities in Section 1250.1 [41] including hospitals, skilled nursing, and hospice; these are generally regulated by the Licensing and Certification Division of the California Department of Public Health.

Outpatient ambulatory surgery center facility licensing per Chapter 1 [42] can vary, with three options: (1) Medicare certification and regulation by the Licensing and Certification Division of the California Department of Public Health; (2) accreditation by one of five different accrediting agencies and oversight by the Medical Board of California; or (3) state licensure, which is uncommon. [43]

The California Adult Day Health Care Act of 1977 in Division 2, Chapter 3.3 [44] which created a system to provide healthcare during the day without committing to a nursing home has been cited as a model for the nation. [45]

Chapter 5 regulates the use of animals for research with a 1951 law, [46] in practice, as of 2017 many laboratories are exempt from state law due to receiving federal funds or USDA regulation. [47]

Complaints and investigations

The grantor of licenses, which in the case of many facilities is the California Department of Public Health, is responsible for investigating complaints and issuing fines. It has been criticized for lack of investigations and limited fines. [48] In 2014, lawmakers held a hearing [49] after investigative reporters raised concerns. [49] Cases from 2001 were reportedly still open as of 2014. [50]

See also

Related Research Articles

A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.

<span class="mw-page-title-main">Gil Cedillo</span> American politician

Gilbert Anthony Cedillo is an American politician, who served as a member of the Los Angeles City Council for the 1st district from 2013 to 2022. A member of the Democratic Party, Cedillo was previously a member of both the California State Assembly and the California State Senate.

The California Arts Council is a state agency based in Sacramento, California. Its eight council members are appointed by the Governor and the California State Legislature. The agency's mission is to advance California through arts, culture and creativity.

<span class="mw-page-title-main">Mark Leno</span> American politician

Mark Leno is an American politician who served in the California State Senate until November 2016. A Democrat, he represented the 11th Senate district, which includes San Francisco and portions of San Mateo County. Before the 2010 redistricting, he represented the 3rd Senate district.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

<span class="mw-page-title-main">Fran Pavley</span> Politician from California, United States

Frances J. "Fran" Pavley is an American politician who served two terms in the California State Senate and three terms in the California State Assembly. A Democrat, she last represented the 27th Senate District, which encompasses the Conejo Valley, and portions of the San Fernando and Santa Clarita Valleys. Due to term limits in California, Senator Pavley completed her legislative career in 2016. She is currently working as the Environmental Policy Director for the USC Schwarzenegger Institute.

<span class="mw-page-title-main">Californians Against Waste</span>

Californians Against Waste is an environmental advocacy organization that advocates for stronger environmental laws and more recycling at the state and local level. The organization was founded in 1977 and has sponsored numerous successful citizen initiatives. It is headquartered two blocks from California's state capitol in Sacramento.

<span class="mw-page-title-main">Drug policy of California</span> Overview of the drug policy of the U.S. state of California

Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.

<span class="mw-page-title-main">Nancy Skinner (California politician)</span> American politician (born 1954)

Nancy Skinner is an American politician and a member of the California State Senate. A Democrat, she represents California's 9th State Senatorial district, encompassing parts of the East Bay.

In the United States there is no federal law regulating the practice of tattooing. However, all 50 states and the District of Columbia have statutory laws requiring a person receiving a tattoo be at least 18 years old. This is partially based on the legal principle that a minor cannot enter into a legal contract or otherwise render informed consent for a procedure. Most states permit a person under the age of 18 to receive a tattoo with permission of a parent or guardian, but some states prohibit tattooing under a certain age regardless of permission, with the exception of medical necessity.

<span class="mw-page-title-main">LGBT rights in California</span>

California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.

<span class="mw-page-title-main">Scott Wiener</span> American politician

Scott Wiener is an American politician and a member of the California State Senate. A Democrat, he represents the 11th Senatorial District, encompassing San Francisco and parts of San Mateo County.

<span class="mw-page-title-main">Ed Chau</span> American judge

Edwin “Ed” Chau is an American jurist and politician who served in the California State Assembly as a Democrat representing the 49th state assembly District from 2012 to 2021. On November 29, 2021, California Governor Gavin Newsom appointed Chau to be a judge in the Los Angeles County Superior Court.

<span class="mw-page-title-main">Travis Allen</span> American politician

Travis Ethan Allen is an American politician who served as a Republican member of the California State Assembly. Allen was first elected in November 2012 to represent California's 72nd State Assembly district, which includes the cities of Fountain Valley, Los Alamitos, Seal Beach, and Westminster, most of Garden Grove, portions of Huntington Beach and of Santa Ana, and the unincorporated communities of Midway and Rossmoor.

<span class="mw-page-title-main">Lorena Gonzalez (California politician)</span> American politician

Lorena Sofia Gonzalez Fletcher is an American union leader and former politician. A Democrat, she served in the California State Assembly from 2013 to 2022, representing the 80th Assembly District, which encompasses southern San Diego. She was first elected to the Assembly in a 2013 special election to succeed Ben Hueso, who was elected to the State Senate in a special election.

<span class="mw-page-title-main">Jim Wood (California politician)</span> American politician

Jim Wood is an American politician currently serving in the California State Assembly. He is a Democrat representing the 2nd Assembly District, which encompasses all of Del Norte, Humboldt, Trinity, and Mendocino counties, plus northern and coastal Sonoma County, including the northern half of Santa Rosa.

<span class="mw-page-title-main">Arnold Schwarzenegger and LGBT rights</span> Overview of the relationship between Arnold Schwarzenegger and LGBT rights

Arnold Schwarzenegger was an early opponent of same-sex marriage in the United States, including during his Governorship of California. As an elected official he opposed legal recognition of same-sex marriage but otherwise he supported LGBT rights legislation, including civil unions.

California's Assembly Bill 1066, Phase-In Overtime for Agricultural Workers Act of 2016, was authored by Assemblymember Lorena Gonzalez Fletcher and was signed by Governor Jerry Brown on September 12, 2016. This bill allows farmworkers in California to qualify for overtime pay after working 8 hours in a single day or 40 hours in a workweek. Prior to the passage of AB 1066, farmworkers were only eligible for overtime pay after working 10 hours.

As the most populous state in the United States, California's climate policies influence both global climate change and federal climate policy. In line with the views of climate scientists, the state of California has progressively passed emission-reduction legislation.

The California Consumer Privacy Act (CCPA) is a state statute intended to enhance privacy rights and consumer protection for residents of the state of California in the United States. The bill was passed by the California State Legislature and signed into law by the Governor of California, Jerry Brown, on June 28, 2018, to amend Part 4 of Division 3 of the California Civil Code. Officially called AB-375, the act was introduced by Ed Chau, member of the California State Assembly, and State Senator Robert Hertzberg.

References

  1. "Find California Code". Legislative Counsel of California. Archived from the original on 2009-07-14. Retrieved 2008-11-07.
  2. Stats. 1939, Ch. 60, pp. 482–1003.
  3. "DIVISION 116. SURPLUS MEDICATION COLLECTION AND DISTRIBUTION [150200 - 150208]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  4. "State Prescription Drug Return, Reuse and Recycling Laws". www.ncsl.org. Retrieved 2019-10-13.
  5. "Free Drug Donation Pharmacy Opens in California". Pharmacy Times. Retrieved 2019-10-13.
  6. "DIVISION 114. Prescription Drug Discount Prohibition [132000 - 132008]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  7. "California deals pharma a double whammy with signing of copay coupon bill". FiercePharma. 10 October 2017. Retrieved 2019-10-13.
  8. "DIVISION 107. STATEWIDE HEALTH PLANNING AND DEVELOPMENT [127000 - 130070] CHAPTER 2.5. Fair Pricing Policies [127400 - 127462]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  9. "Governor Signs Bill Revising Charity Care Law". California Hospital Association. Retrieved 2019-10-13.
  10. "Newsom signs vaccine exemption bills". KCRA. 2019-09-10. Retrieved 2019-11-11.
  11. "Bill Text - AB-315 Pharmacy benefit management". leginfo.legislature.ca.gov. Retrieved 2019-12-29.
  12. "About Us CHHS". California Health and Human Services. Archived from the original on 2019-04-25. Retrieved 2019-10-13.
  13. "CHAPTER 2.2. Health Care Service Plans [1340 - 1399.864]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  14. "Making Sense of Managed Care Regulation in California" (PDF). California HealthCare Foundation. 2001.
  15. "The Watchdog over Health Care in California, the DMHC". Health for California Insurance Center. Retrieved 2019-10-15.
  16. "State Actions Related to Transparency and Disclosure of Health and Hospital Charges". www.ncsl.org. Retrieved 2019-10-15.
  17. "ARTICLE 5. Standards [1367 - 1374.195] 1367.205". leginfo.legislature.ca.gov. Retrieved 2019-10-15.
  18. "California plans on notice: drug lists will be standardized | Market Access". DRG. 2014-10-16. Retrieved 2019-10-15.
  19. "Bill Text - SB-866 Health care coverage: prescription drugs". leginfo.legislature.ca.gov. Retrieved 2019-10-15.
  20. 1 2 "Bill Text - SB-282 Health care coverage: prescription drugs". leginfo.legislature.ca.gov. Retrieved 2019-10-15.
  21. "Bill Text - AB-339 Health care coverage: outpatient prescription drugs". leginfo.legislature.ca.gov. Retrieved 2019-10-15.
  22. "Update on AB 339, Legislation Placing Restrictions on Patient Cost Sharing". California Life Sciences Association. 2015-08-08. Retrieved 2019-10-15.
  23. "Gov. signs legislation to cap out-of-pocket costs on prescription drugs". www.bizjournals.com. Retrieved 2019-10-15.
  24. "Bill Text - SB-1021 Prescription drugs". leginfo.legislature.ca.gov. Retrieved 2019-10-15.
  25. "State Insurance Mandates and the ACA Essential Benefits Provisions". www.ncsl.org. Retrieved 2019-10-15.
  26. Chapter 12. Lessons from California's Benefit Review Processes. National Academy of Medicine. 2012. doi:10.17226/13182. ISBN   978-0-309-21543-5.
  27. "AB 1810: California's Rough Road to an APCD Becomes Smoother". The Source on HealthCare Price and Competition. 2018-11-27. Retrieved 2020-02-04.
  28. "Healthy California for All Commission – Potential Path to California Single-Payer | Healthy California Now". November 5, 2019. Retrieved 2020-02-04.
  29. "Recapping the 2017-2018 California Legislative Session (Part 2): Incremental Steps Made in Scrutinizing Market Changes and High Health Care Costs". The Source on HealthCare Price and Competition. 2019-01-29. Retrieved 2020-02-04.
  30. "DIVISION 26. AIR RESOURCES [39000 - 44474]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  31. "DIVISION 37. REGULATION OF ENVIRONMENTAL PROTECTION [57000 - 57020]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  32. "DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  33. CHAPTER 6.6. Safe Drinking Water and Toxic Enforcement Act of 1986 [25249.5 - 25249.14
  34. "California Public Resources Code § 21000 et seq". leginfo.legislature.ca.gov. Retrieved 2019-10-17.
  35. "DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406]".
  36. "History of the California Building Standards Commission". www.dgs.ca.gov. Retrieved 2023-04-19.
  37. "History of California Solid Waste Law, 1985-1989". CalRecycle Home Page. Retrieved 2023-04-19.
  38. "DIVISION 120. SEXUAL HEALTH EDUCATION ACCOUNTABILITY ACT [151000 - 151003]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  39. "What is Behind California What is Behind California's Success in Reducing Its Teen Pregnancy Rate?" (PDF). ncsl.org. The National Campaign to Prevent Teen and Unplanned Pregnancy.
  40. Washburn, David. "Most districts complying with California's sex ed law, but resistance remains". EdSource. Retrieved 2019-10-13.
  41. "DIVISION 2. LICENSING PROVISIONS CHAPTER 2. Health Facilities [1250 - 1339.59]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  42. "DIVISION 2. LICENSING PROVISIONS CHAPTER 1. Clinics [1200 - 1245]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  43. "Improving outpatient care is a necessity". Capitol Weekly. 2019-03-15. Retrieved 2019-10-13.
  44. "DIVISION 2. LICENSING PROVISIONS CHAPTER 3.3. California Adult Day Health Care Act [1570 - 1596.5]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  45. "In California, Adult Day Care Program is Threatened With Extinction". pew.org. Retrieved 2019-10-13.
  46. "CHAPTER 5. Regulation of Use of Animals in Diagnostic Procedures and Medical Research [1650 - 1677]". leginfo.legislature.ca.gov. Retrieved 2019-10-13.
  47. "California Laboratory Animal Use Approval Program". www.cdph.ca.gov. Retrieved 2019-10-13.
  48. "'All they got was a slap on the hand.' Is California low-balling penalties in nursing home death investigations?". www.sacbee.com.
  49. 1 2 "Quick dismissal of caregiver abuse cases puts Calif. patients at risk". Reveal. 2013-09-10. Retrieved 2019-10-13.
  50. "LA County closed nursing-home safety cases without investigations". Southern California Public Radio. 2014-03-04. Archived from the original on 2019-10-13. Retrieved 2019-10-13.