100275-100315

HEALTH AND SAFETY CODE
SECTION 100275-100315




100275.  (a) The department may adopt and enforce regulations for
the execution of its duties.
   (b) All regulations heretofore adopted by the department or its
predecessors relating to public health, the licensing and
certification of health facilities, except the licensing of community
care facilities, or any other function performed by the Division of
Public Health of the department, and in effect immediately preceding
July 1, 1978, shall remain in effect and shall be fully enforceable
unless and until readopted, amended, or repealed by the director or
as otherwise provided by Section 25 or other provisions of law. This
subdivision shall not apply to any regulation relating to a function
transferred to a different state agency or department as a result of
another provision of the statutes enacted during the 1977-78 Regular
Session.


100280.  (a) The director shall adopt emergency regulations pursuant
to Section 1267.7 implementing Chapter 327 of the Statutes of 1982,
effective July 1, 1983, in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The adoption of regulations shall be deemed to be an
emergency, and necessary for the immediate preservation of the
public peace, health and safety, or general welfare.
   (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, regarding
the duration of emergency regulations, any regulations adopted by any
state agency in order to implement this section, shall remain in
effect until June 30, 1984.



100285.  (a) Notwithstanding Section 11346.1 of the Government Code
regarding the duration of emergency regulations, any regulations
adopted by the director pursuant to Section 100280 and in effect on
June 27, 1984, shall remain in effect until emergency regulations
adopted pursuant to subdivision (b) become effective.
   (b) The director shall adopt emergency regulations pursuant to
Section 1267.7, to be effective August 1, 1984, in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. The adoption of the regulations
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare.
   (c) The director shall transmit emergency regulations adopted
pursuant to subdivision (b) directly to the Secretary of State for
filing, and the regulations shall become effective immediately upon
filing.
   (d) Upon completion of the formal regulation adoption process and
prior to the expiration of the 120-day duration period of emergency
regulations, the director shall transmit directly to the Secretary of
State for filing the adopted regulations, the rulemaking file, and
the certification of compliance, as required by subdivision (e) of
Section 11346.1 of the Government Code.
   (e) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, any
regulations adopted by the director pursuant to this section and any
documentation filed with those regulations shall not be subject to
any review, approval, disapproval, or repeal by the Office of
Administrative Law.


100290.  Notwithstanding any other provision of law, the department
shall submit all of its regulations on matters related to statutory
responsibilities delegated to or enforced by local health
departments, except emergency regulations, to the California
Conference of Local Health Officers for review and comment prior to
adoption. If the department deems it appropriate to implement the
proposed regulations or parts thereof, contrary to the
recommendations of the conference, the department shall make a public
finding summarizing the reasons for acting contrary to these
recommendations.



100295.  The department, after consultation with and approval by the
Conference of Local Health Officers, shall by regulation establish
standards of education and experience for professional and technical
personnel employed in local health departments and for the
organization and operation of the local health departments. These
standards may include standards for the maintenance of records of
services, finances and expenditures, that shall be reported to the
director in a manner and at times as the director may specify.



100300.  When a dispute arises as to the interpretation or
enforcement of regulations of the department that are being enforced
by a city, city and county, county, or district, a request for
clarification or interpretation may be submitted to the department.
The department shall make a determination of the proper
interpretation and required enforcement when so requested by a party
to the dispute.
   In making its determination the department may conduct a hearing
where all interested parties may present relative comments or
arguments.
   Determinations of the department made pursuant to this section
shall be transmitted to the concerned local agency and the involved
party or parties within 60 days after the receipt of the request. The
determination of the department shall be binding upon the local
agency and the parties subject to the regulations of the department,
except when the matter may be subject to judicial review.



100305.  Notwithstanding any other provision of law, the department
by regulation may provide for the issuance and renewal on a two-year
basis of licenses, certificates of registration, or other indicia of
authority issued pursuant to this code by the department.
   The department may by regulation set the fee for the two-year
license, certificate of registration, or other indicia, not to exceed
twice the annual fee for issuance or renewal set by statute.



100310.  Notwithstanding any other provision of law, but to the
extent consistent with applicable federal law or regulation, the
director may, after a request by a board of supervisors of an
affected county and after a public hearing held in accordance with
Section 11346 of the Government Code, waive regulations pertaining to
the provision of hospital services in a hospital operated by a
county or under contract to a county for a county with a population
of 200,000 or less on January 1, 1980, if the director makes a
finding that the waiver would not affect adversely the health and
safety of persons in the county.
   The authority contained in this section shall be in addition to,
and shall not supersede or limit, any other provision of law
authorizing the waiver by the department of requirements contained in
regulations adopted by the department relating to health facilities.




100315.  (a) The department and as applicable, the California
Department of Aging, the State Department of Public Health, and the
State Department of Social Services, may grant to a PACE program, as
defined in Chapter 8.75 (commencing with Section 14590) of Part 3 of
Division 9 of the Welfare and Institutions Code, exemptions from
duplicative, conflicting, or inconsistent requirements in Chapter 1
(commencing with Section 1200), Chapter 3 (commencing with Section
1500), Chapter 3.2 (commencing with Section 1569), Chapter 3.3
(commencing with Section 1570), and Chapter 8 (commencing with
Section 1725) of Division 2, and Divisions 3 and 5 of Title 22 of the
California Code of Regulations, including the use of alternate
concepts, methods, procedures, techniques, space, equipment,
personnel, personnel qualifications, or the conducting of pilot
projects, provided that the exemptions are implemented in a manner
that does not jeopardize the health and welfare of participants
receiving services under PACE, or deprive beneficiaries of rights
specified in federal or state laws or regulations. In determining
whether to grant exemptions under this section, the departments shall
consult with each other.
   (b) A written request and substantiating evidence supporting the
request for an exemption under subdivision (a) shall be submitted by
the PACE program to the department. A PACE program may submit a
single request for an exemption from the licensing requirements
applicable to two or more licenses held by that organization, so long
as the request lists the locations and license numbers held by that
organization and the requested exemption is the same and appropriate
for all licensed locations. The written request shall include, but
shall not be limited to, all of the following:
   (1) A description of how the applicable state requirement
duplicates, conflicts with, or is inconsistent with state or federal
requirements related to the PACE model.
   (2) An analysis demonstrating why the duplication, conflict, or
inconsistency cannot be resolved without an exemption.
   (3) A description of how the PACE program plans to comply with the
intent of the requirements described in paragraph (1).
   (4) A description of how the PACE program will monitor its
compliance with the terms and conditions under which the exemption is
granted.
   (c) The department shall approve or deny any request within 60
days of submission. An approval shall be in writing and shall provide
for the terms and conditions under which the exemption is granted. A
denial shall be in writing and shall specify the basis therefor. Any
decision to deny a request shall be a final administrative decision.
   (d) If, after investigation, the department determines that a PACE
program that has been granted an exemption under this section is
operating in a manner contrary to the terms and conditions of the
exemption, the department shall immediately suspend or revoke the
exemption. If the exemption is applicable to more than one location
or more than one category of licensure, or both, the department may
suspend or revoke an exemption as to one or more license categories
or locations as deemed appropriate by the department.