101300-101310

HEALTH AND SAFETY CODE
SECTION 101300-101310




101300.  (a) (1) The board of supervisors of a county with a
population of less than 50,000 may enter into a contract with the
department and the department may enter into a contract with that
county to organize and operate a local public health service in that
county.
   (2) The department may conduct the local public health service
either directly, or by contract with other agencies, or by some
combination of these methods as agreed upon by the department and the
board of supervisors of the county concerned.
   (3) The board of supervisors may create a county board of public
health or similar local advisory group.
   (b) Any county proposing to contract with the department pursuant
to this section in the 1992-93 fiscal year and each fiscal year
thereafter shall submit to the department a notice of intent to
contract adopted by the board of supervisors no later than March 1 of
the fiscal year preceding the fiscal year for which the agreement
will be in effect in accordance with procedures established by the
department. A county may withdraw this notice no later than May 1 of
the fiscal year preceding the fiscal year for which the agreement
will be in effect in accordance with procedures established by the
department. If a county fails to withdraw its notice by this date, it
shall be responsible for any and all necessary costs incurred by the
department in providing or preparing to provide public health
services in that county.
   (c) A county contracting with the department pursuant to this
section shall not be relieved of its public health care obligation
under Section 101025.
   (d) (1) Any county contracting with the department pursuant to
this section shall pay, by the 15th of each month, the agreed
contract amount.
   (2) If a county does not make the agreed monthly payment, the
department may terminate the county's participation in the program.
   (e) The counties and the department shall work collectively to
ensure that expenditures do not exceed the funds available for the
program in any fiscal year.
   (f) The Legislature hereby determines that an expedited contract
process for contracts under this section is necessary. Contracts
under this section shall be exempt from Chapter 2 (commencing with
Section 10290) of Part 2 of Division 2 of the Public Contract Code.
   (g) The state shall not incur any liability except as specified in
this section.


101305.  Any counties that were eligible for organization and
operation of local public health services by the department pursuant
to former Section 1157, as amended by Section 130 of Chapter 429 of
the Statutes of 1978, as of January 1, 1988, shall continue to be
eligible, notwithstanding an increase in total population beyond the
50,000 population limit of that section.



101307.  (a) Counties contracting with the department pursuant to
Section 101300 may enter into a contract with the department whereby
the department's program that administers the Section 101300 contract
agrees to assume responsibility for some or all of the
administrative activities for some or all of the public health
categorical programs of that county listed in subdivision (g). The
responsibility for the provision of services under those programs
shall remain with the county board of supervisors.
   (b) For the purposes of this section, "public health categorical
programs" means a public health program that is funded by federal or
state allocation supported by specific legislation or regulations,
and that is identified by the department to be implemented by local
jurisdictions.
   (c) Administrative costs, associated with the administration of
those contracts between the department and the counties pursuant to
this section, shall be capped at the maximum allowable under each of
the public health categorical programs.
   (d) Each county intending to contract with the department for the
fiscal year commencing July 1, 1994, shall submit to the department a
notice of intent to contract adopted by the board of supervisors
within 60 days of the effective date of this section. For each fiscal
year thereafter, a notice of intent to contract adopted by the board
of supervisors shall be submitted no later than August 1 of the
fiscal year preceding the fiscal year for which the agreement will be
in effect, in accordance with procedures established by the
department. A county may withdraw this notice no later than September
15 of the fiscal year preceding the fiscal year for which the
agreement will be in effect in accordance with procedures established
by the department. If a county fails to withdraw its notice by this
date, it shall be responsible for any and all necessary costs
incurred by the department in providing or preparing to provide
public health services in that county pursuant to this section.
   (e) As a condition of contracting with the department, the
department may establish uniform standards, forms, and procedures for
conducting the administrative activities for those categorical
programs.
   (f) Any county that elects to contract with the department
pursuant to this section shall, after receipt of program funds, pay
by the 15th of each month, the agreed-upon contract amount for
reimbursement for departmental costs of administration services. If a
county does not make the agreed monthly payment, the department may
after 60 days' written notice to the county terminate the services
provided by the department pursuant to this section.
   (g) The programs that may be subject to this section include, but
are not limited to, all of the following:
   (1) All maternal and child health programs, including, but not
limited to, the following:
   (A) California Children's Services, Article 5 (commencing with
Section 123800) of Chapter 3 of Part 2.
   (B) Child Health and Disability Prevention Program, Article 6
(commencing with Section 124025) of Chapter 3 of Part 2.
   (C) Perinatal Health Care, Article 4 (commencing with Section
123550) of Chapter 2 of Part 2.
   (2) The California Aids Program, Chapter 2 (commencing with
Section 120800) of Part 4 of Division 105.
   (3) Tobacco Use Prevention, Article 1 (commencing with Section
104350) of Chapter 1 of Part 3 of Division 103.




101310.  In the event a health emergency is declared by the board of
supervisors in a county, or in the event a county health emergency
is declared by the county health officer pursuant to Section 101080,
the local health officer shall have supervision and control over all
environmental health and sanitation programs and personnel employed
by the county during the state of emergency.