California Health and Safety Code
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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. It is one of the 29
California Codes The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The official Codes are maintained by the California Office of Legislative Counsel for the Legislature ...
and was originally signed into law by the Governor of California on April 7, 1939.


Notable laws

The code contains various laws, including:


Healthcare

*In Division 2, licensing of healthcare providers and facilities *a pharmaceutical surplus program, first passed in 2005 and expanded in 2012 and 2016; although as of 2018, 38 states had laws for such programs, in over a dozen states these were nonoperational. As of 2018, California had an operational program and in 2016 a nonprofit surplus pharmacy opened *a ban on copay coupon discounts when an equivalent generic is available for cheaper, passed in 2017 and subject to various exceptions *Division 107, Chapter 2.5 contains a "charity care" law for fair hospital pricing *
California End of Life Option Act California End of Life Option Act is a law enacted in June 2016 by the California State Legislature which allows terminally ill adult residents in the state of California to access medical aid in dying by self-administering lethal drugs, provide ...
in Division 1. Section 443 - 443.22 *laws regarding vaccine exemptions, including in 2015
California Senate Bill 277 California Senate Bill 277 (SB277) is a California law that removed personal belief as a reason for an exemption from the vaccination requirements for entry to private or public elementary or secondary schools in California, as well as day care c ...
, which removed a personal belief exemption to vaccines for children public schools, and in 2019 SB 276, which further limited exemptions *AB 315 (2018) which regulates
pharmacy benefit management In the United States, a pharmacy benefit manager (PBM) is a third-party administrator of prescription drug programs for commercial health plans, self-insured employer plans, Medicare Part D plans, the Federal Employees Health Benefits Program, ...
*establishing various agencies under the
California Health and Human Services Agency The California Health and Human Services Agency (CHHS) is the state agency tasked with administration and oversight of "state and federal programs for health care, social services, public assistance and rehabilitation" in the U.S. state of Califor ...
, although the top agency itself is created by Government Code section 12800


Health insurance

*In Division 2, the Knox-Keene Health Care Service Plan Act of 1975 in Division 2. Chapter 2.2., 1340 - 1399.864, which is enforced by the
California Department of Managed Health Care The Department of Managed Health Care (DMHC) is a regulatory body governing managed health care plans, sometimes referred to as Health Maintenance Organizations (HMOs) in California. The DMHC was created as the first state department in the countr ...
and regulates most health insurance in California, although some plans are regulated by the
California Department of Insurance The California Department of Insurance (CDI), established in 1868, is the agency charged with overseeing insurance regulations, enforcing statutes mandating consumer protections, educating consumers, and fostering the stability of insurance marke ...
(CDI) with sometimes similar "companion" statutes in the
California Insurance Code The California Insurance Code are the codified California laws regarding insurance. The code not only covers requirements for home, auto, medical and business insurance policies, but also covers the licensing of bail bond agents, workers' compensa ...
. Within this section are various laws affecting transparency and mandated benefits for health insurance plans, which are part of a broader movement among states including: *#a standard formulary jointly developed with the CDI which was passed in 2014 *#for prescription
prior authorization Prior authorization is a utilization management process used by some health insurance companies in the United States to determine if they will cover a prescribed procedure, service, or medication. The process is intended to act as a safety and cost- ...
, SB 866 passed in 2011 mandated a standardization of forms jointly developed with CDI which became effective by 2015 with Form 61-211; this was further amended by SB 282 in 2016 which allowed prescribers flexibility to use other methods such as the
SCRIPT Script may refer to: Writing systems * Script, a distinctive writing system, based on a repertoire of specific elements or symbols, or that repertoire * Script (styles of handwriting) ** Script typeface, a typeface with characteristics of handw ...
system *#a limit to prescription drug cost-sharing first passed as AB 339 in 2015 and then extended by SB 1021 in 2018 *#like all states, California mandates coverage for certain benefits, which are related but distinct from the
essential health benefits In the United States, essential health benefits (EHBs) are a set of ten benefits, defined under the Affordable Care Act (ACA) of 2010, that must be covered by individually-purchased health insurance and plans in small-group markets both inside and ...
mandated by the PPACA; these mandates are reviewed by the California Health Benefits Review Program which advises the legislature on proposed mandates *laws regarding cost transparency include an all-payer claims database (AB 1810) with possible explorations into single payer as well as cost transparency on prescription drugs


Environmental

*establishes in Division 26 the
California Air Resources Board The California Air Resources Board (CARB or ARB) is the "clean air agency" of the government of California. Established in 1967 when then-governor Ronald Reagan signed the Mulford-Carrell Act, combining the Bureau of Air Sanitation and the Motor ...
, an agency under the
California Environmental Protection Agency The California Environmental Protection Agency, or CalEPA, is a state cabinet-level agency within the government of California. The mission of CalEPA is to restore, protect and enhance the environment, to ensure public health, environmental qu ...
*in Division 37, sets various environmental protection laws; in addition, Division 104 includes various environmental health laws *Division 20, Chapter 6.6 contains
1986 California Proposition 65 Proposition 65 (formally titled The Safe Drinking Water and Toxic Enforcement Act of 1986, and also referred to as Prop 65) is a California law passed by direct voter initiative in 1986 by a 63%–37% vote. Its goals are to protect drinking water s ...
, The Safe Drinking Water and Toxic Enforcement Act of 1986 *
Global Warming Solutions Act of 2006 The Global Warming Solutions Act of 2006, or Assembly Bill (AB) 32, is a California State Law that fights global warming by establishing a comprehensive program to reduce greenhouse gas emissions from all sources throughout the state. AB32 was c ...
, although global warming related provisions appear in various areas, e.g. state agency report card mandates in Government Code section 12890 - 12893 *some major environmental laws are outside the code, including the
California Environmental Quality Act The California Environmental Quality Act (CEQA) is a California statute passed in 1970 and signed in to law by then-Governor Ronald Reagan, shortly after the United States federal government passed the National Environmental Policy Act (NEPA), t ...
which is codified in California Public Resources Code § 21000 ''et seq''


Other

* the Sexual Health Education Accountability Act passed in 2008, complementing laws in the
California Education Code The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The official Codes are maintained by the California Office of Legislative Counsel for the Legislature. ...
regarding sex education, which began with HIV prevention in 1990s followed by California Comprehensive Sexual Health and HIV/AIDS Prevention Education Act in 2003


Division 2 licensing

Division 2 contains licensing requirements for a variety of healthcare facilities. Physicians are licensed by the
Medical Board of California The Medical Board of California (MBC) is a state government agency which licenses and disciplines physicians, surgeons and certain allied healthcare professionals in California. The Board provides two principal types of services to consumers: (1) ...
. Chapter 2 enumerates 13 types of facilities in Section 1250.1 including
hospital A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emerge ...
s, skilled nursing, and
hospice Hospice care is a type of health care that focuses on the palliation of a terminally ill patient's pain and symptoms and attending to their emotional and spiritual needs at the end of life. Hospice care prioritizes comfort and quality of life by ...
; these are generally regulated by the Licensing and Certification Division of the
California Department of Public Health The California Department of Public Health (CDPH) is the state department responsible for public health in California. It is a subdivision of the California Health and Human Services Agency. It enforces some of the laws in the California Healt ...
. Outpatient ambulatory surgery center facility licensing per Chapter 1 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. The California Adult Day Health Care Act of 1977 in Division 2, Chapter 3.3 which created a system to provide healthcare during the day without committing to a
nursing home A nursing home is a facility for the residential care of elderly or disabled people. Nursing homes may also be referred to as skilled nursing facility (SNF) or long-term care facilities. Often, these terms have slightly different meanings to in ...
has been cited as a model for the nation. Chapter 5 regulates the use of animals for research with a 1951 law, in practice, as of 2017 many laboratories are exempt from state law due to receiving federal funds or
USDA The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of com ...
regulation.


Complaints and investigations

The grantor of licenses, which in the case of many facilities is the
California Department of Public Health The California Department of Public Health (CDPH) is the state department responsible for public health in California. It is a subdivision of the California Health and Human Services Agency. It enforces some of the laws in the California Healt ...
, is responsible for investigating complaints and issuing fines. It has been criticized for lack of investigations and limited fines. In 2014, lawmakers held a hearing after investigative reporters raised concerns. Cases from 2001 were reportedly still open as of 2014.


See also

*
Law of California The law of California consists of several levels, including Constitutional law, constitutional, Statutory law, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulati ...


References

{{reflist, 2


External links


California Health and Safety Code
United States state health legislation Health and Safety Code