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(continued)
(b) Notifying and Offering Assistance. Persons eligible for periodic assessments shall be notified before each assessment is due of their entitlement to the assessment, and of the availability of assistance with transportation and scheduling appointments. The informing may be in writing. The response to this offer shall be recorded, and this assistance shall be provided if requested by the beneficiary.
(c) Frequency. Persons eligible for periodic health assessments shall receive one assessment during each age period listed below. The first age at which the next health assessment is due is the age of the person at the previous assessment plus the interval indicated in the parenthesis after that age period in the table shown in this subsection. However, a periodic assessment may be done at any time from the beginning to the end of each age period. Persons will be considered overdue for an assessment on the first day he or she enters a new age period without assessment having been performed in the previous age period.
For example, a child receiving an assessment at two and one-half years of age is first due for the next assessment at three and one-half years of age (the age at the time of previous assessment, two and one-half plus the time interval between assessments for that age group, one year). The assessment is overdue when the child is four years old. There is no time interval in the 17-20 age period because no additional assessments will be given after that assessment. Initial and periodic assessments, and the initiation of any needed treatment, shall normally be completed within 120 days from either the last day the person is eligible for assessment in any age period or the day the person is notified that the next assessment is due, whichever occurs first.
The following table is a guide for the minimum frequency at which health assessments shall be provided to persons eligible for periodic assessments:
Under 1 month old........... (1 month)
1 through 2 months old...... (2 months)
3 through 4 months old...... (2 months)
5 through 6 months old...... (2 months)
7 through 9 months old...... (3 months)
10 through 12 months old.... (3 months)
13 through 17 months old.... (5 months)
18 through 23 months old.... (6 months)
2 years old................. (1 year)
3 years old................. (1 year)
4 through 5 years old....... (2 years)
6 through 8 years old....... (3 years)
9 through 12 years old...... (4 years)
13 through 16 years old..... (4 years)
17 through 20 years old
(d) Additional Health Assessments. The frequency indicated in this section is considered a minimum for preventive health care. More frequent health assessments will be reimbursed when the additional assessment is deemed appropriate by the health assessment provider. Circumstances which may indicate the need for more frequent assessments include the following:
(1) The parents have or the person has a particular need for education and guidance.
(2) There is the presence or possibility of perinatal disorders (such as low birth weight, low Apgar scores at birth, prolonged labor).
(3) The person is or will be exposed to a potentially stressful environment - for example, camp or contact sports -before the next periodic health assessment indicated by the periodicity schedule is due.
(e) Limitations. Reimbursement at more frequent intervals will not be made for a health assessment of an individual for the purpose of monitoring or treating a specific disease or disorder previously diagnosed, or for a person whose overall health status requires ongoing treatment care. Such individuals are still eligible for regular assessments if they are otherwise eligible for CHDP services.
Note: Authority cited: Sections 208, 321 and 323.7, Health and Safety Code. Reference: Sections 320 and 323.7, Health and Safety Code.
s 6848. Certification for School Entry.
(a) If a child receives a health assessment under provisions of this subchapter, and must present documentation to the school in which the child is to enroll that the appropriate health screening procedures specified in Section 6846 have been performed, the physician, certified pediatric nurse practitioner or certified family nurse practitioner providing or supervising such screening shall give the child or parent or guardian a certificate documenting that the child has received the appropriate health screening procedures. The certificate shall be provided whether the cost of the health assessment is reimbursed by the State or paid on behalf of the child.
(b) A child may be certified for school entry by the child's personal physician, certified pediatric nurse practitioner or certified family nurse practitioner without receiving a further health assessment if the child has received a physical examination and ongoing comprehensive medical care from that physician, certified pediatric nurse practitioner or certified family nurse practitioner during the 18 months preceding entry into the first grade, or within 90 days thereafter, and that care has included all the applicable health screening procedures outlined in Section 6846.
(c) The health certification for school entry shall be on the form provided by the Department, Report of Health Examination For School Entry, PM171A(6/84).
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Section 323.5, Health and Safety Code; Section 14132.41, Welfare and Institutions Code; and Sections 2834, 2835, 2835.5 and 2836, Business and Professions Code.
s 6850. Referral to Diagnosis and Treatment.
(a) The following shall apply to all persons for whom diagnosis and treatment is indicated as a result of initial or periodic health assessments received under the provisions of this subchapter:
(1) All reasonable steps, including assistance in scheduling and completing appointments shall be taken to ensure that persons receive needed diagnosis and treatment services. This referral assistance shall include giving the family or person the names, address and telephone numbers of providers who have expressed a willingness to furnish, at little or no expense to the family, those treatment services which are not reimbursable by the Department.
(2) Appointments for diagnostic and treatment services shall be completed in a reasonable period of time, normally not to exceed 60 days from the time of the health assessment.
(3) The health assessment provider shall be responsible for assisting the person in completing diagnosis and treatment. Such assistance may be rendered directly by the provider or through the provider's agreements with the community child health and disability prevention program, appropriate agency or individual.
(4) The first source of referral for diagnosis and treatment shall be the person's usual source of licensed or certified health care. If a referral is required and no regular source of licensed or certified health care can be identified, the provider shall provide a list of at least three appropriate sources of care, when available, without prejudice for or against any specific source or licensed profession. One of the referral sources may be the health assessment provider. State reimbursement for diagnostic and treatment services provided to Medi-Cal beneficiaries can be made only to providers who have been approved for participation in the Medi-Cal program.
(5) The community child health and disability prevention program shall:
(A) Identify those persons eligible for CHDP services who can obtain needed medical or remedial services through a grantee under Title V of the Social Security Act (Maternal and Child Health and Crippled Children's Services).
(B) Ensure that persons eligible for Title V services are informed of available services, and referred, if they desire, to Title V grantees that offer services appropriate to the persons' needs.
(6) The source of health care selected by the person shall be indicated on the CHDP assessment form. If that source is other than the assessment provider, a copy of the CHDP referral form or equivalent shall be provided, with the person's written permission, to the identified source of healthcare.
(b) Additional to (a), above, the following shall apply to Medi-Cal beneficiaries for whom diagnosis and treatment is indicated as a result of initial or periodic health assessments:
(1) Medi-Cal beneficiaries, who requested assistance with transportation or scheduling the appointment for the health assessment, shall be offered assistance with transportation and scheduling appointments for diagnosis and treatment. The response to this offer shall be recorded, and this assistance shall be provided if requested by the beneficiary.
(2) Medi-Cal beneficiaries, who did not request assistance with transportation or scheduling the appointment for the health assessment, may request assistance with transportation and scheduling appointments for diagnosis and treatment. If the beneficiary requests such assistance, the request shall be documented and the assistance shall be provided.
(3) Treatment needed as a result of an initial health assessment shall normally be initiated within 120 days from either the date the beneficiary requested the health assessment, or the date the beneficiary was certified eligible to receive Medi-Cal benefits, whichever occurs later. Treatment needed as a result of a periodic health assessment shall normally be initiated within 120 days from either the date the beneficiary requested the health assessment, or the last day of the month in which the beneficiary's age exceeds the oldest allowable age for the health assessment according to the periodicity schedule specified in Section 6847, whichever occurs earlier.
(4) If diagnostic and treatment services are not provided to a Medi-Cal beneficiary who requests such services and who also requests assistance with transportation or scheduling appointments for such services, documentation must exist showing that the family or recipient declined the services, lost eligibility, could not be located despite a good faith effort to do so, or the recipient's failure to receive the services was due to an action or decision by the family or recipient, rather than a failure by the community child health and disability prevention program to meet requirements of this subchapter, including the requirement to offer and provide assistance with transportation and scheduling appointments for services.
(c) Each community child health and disability prevention program shall be responsible for developing and maintaining a referral and follow-up system for diagnosis and treatment, and for ensuring that referral is carried out. The referral and follow-up system shall be specified in the community's child health and disability prevention program plan. Agreements between the community program and providers, and between the community program and other appropriate individuals and agencies participating in the community program, may be part of the referral and follow-up system.
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Sections 321.2, 323.7 and 324, Health and Safety Code.
s 6852. Diagnosis and Treatment.
(a) To be eligible for state reimbursement, diagnostic and treatment services, which may be required by Medi-Cal beneficiaries as a result of a health assessment received, shall be provided by providers approved for participation in the California Medical Assistance Program. The diagnostic and treatment services shall be in accordance with the provisions of the California Administrative Code, Title 22, Division 3 and subject to any applicable Medi-Cal program limitations.
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Section 323, Health and Safety Code.
s 6860. Conditions of Participation.
(a) Dental diagnostic and treatment services shall be provided by or under the supervision of a dentist licensed to practice dentistry in California. To be eligible for state reimbursement, billing for dental services shall be in accordance with the regulations governing the California Medical Assistance Program.
(b) Health assessments shall be performed in accordance with the provisions of this subchapter as follows:
(1) By, or under the supervision and/or responsibility of, a physician licensed to practice medicine in California.
(2) By a certified family nurse practitioner or certified pediatric nurse practitioner, as defined in Title 22, Section 51170.3(b) and (c), respectively.
(c) Each individual, partnership, clinic, group, association, institution, or public or private agency desiring to participate in a community child health and disability prevention program as a provider of health assessments only, or as a provider of comprehensive health care, shall notify the director of that program of such intent. Notification shall be made to the director of each community child health and disability prevention program in which it is desired to provide service. Notification shall be in the manner established by the community program director.
(d) Physicians, medical clinics, medical groups, certified pediatric nurse practitioners or certified family nurse practitioners may be approved for participation as providers in the community program by the community program director on receipt by the director of written notification stating the following:
(1) The physician, certified pediatric nurse practitioner, certified family nurse practitioner, medical clinic, or medical group understands the requirements of the Child Health and Disability Prevention Program, and desires to participate in it as either a comprehensive care provider or as a provider of health assessments only.
(2) If parts of the required health assessment are not available through the physician, certified pediatric nurse practitioner or certified family nurse practitioner, the physician or certified family nurse practitioner or certified pediatric nurse practitioner shall refer the person to other providers approved by the community program for completion of those parts.
(e) Agencies and organizations (other than physicians and physician groups) desiring to participate in the community program, where physicians or other persons under physician supervision will be employed to do parts of the health assessment, shall state in writing the qualifications of the screening personnel when notifying the community program director of their intent to participate as providers. Participation of such agencies and organizations shall require the written approval of the community program director, and compliance with the provisions of this subchapter and with any standards that may be established by the community program director.
(f) If the community child health and disability prevention program director determines that a provider, previously approved for participation in the community program, is not providing services in accordance with provisions of this subchapter or the standards established by the community program, the community program director may withdraw the approval.
(g) Prepaid health plans, their subcontractors or sub-subcontractors, under contract to the Department to provide medical care to Medi-Cal enrollees are exempted from the provisions of this section only for CHDP services that are provided to their Medi-Cal enrollees. If such a prepaid health plan wishes to provide CHDP services to persons other than their Medi-Cal enrollees, full compliance with this section is required.
(h) Health assessments may be conducted in public and private school facilities provided that, with respect to private school facilities, no services provided thereon pursuant to this subchapter and financed by public funds shall result in any material benefit to, or be conducted in a manner which furthers any educational or other mission of, such a school or any person or entity maintaining the school.
(i) Health assessments shall be made available to eligible persons as defined in this subchapter without regard to race, religion, sex, national origin, citizenship, marital status, parenthood or source of payment.
(j) Clinical laboratories, may be approved for participation as providers in the community program by the community program director on receipt by the director of written notification stating that the clinical laboratory understands the requirements of the Child Health and Disability Prevention Program, and desires to participate in it as a provider of laboratory services.
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Section 321(c), Health and Safety Code; Sections 655.6, 2834, 2835, 2835.5 and 2836, Business and Professions Code; Section 14132.41, Welfare and Institutions Code; and 42 U.S.C. Section 1396d(a).
s 6862. Types of Providers.
(a) A health assessment provider shall be a physician, physician group, certified family nurse practitioner, certified pediatric nurse practitioner, or public or private agency or organization that provides the services specified in this subchapter to persons eligible to receive those services.
(b) A provider may agree to provide health assessments only, or may agree to be a comprehensive care provider, that is, to provide health assessments and diagnosis and follow-up services.
(c) A health assessment-only provider shall meet the following conditions unless failure to meet any of them is due to circumstances other than the provider's inaction:
(1) Assure completion of the full range of health assessment services appropriate to the individual as defined in section 6846, including anti-tobacco use education and the completion of immunizations and immunization series which could not be given during the health assessment, but which are necessary to make the immunization status current.
(2) Provide referral for diagnosis and treatment, as specified in section 6850, for all persons identified as needing such services as a result of health assessments.
(d) A comprehensive care provider shall be certified by the Department for participation in the California Medical Assistance program and shall meet the following conditions unless failure to meet any of them is due to circumstances other than the provider's inaction:
(1) Assure completion of the full range of health assessment services appropriate to the person as defined in section 6846, including anti-tobacco use education and the completion of immunizations and immunization series which could not be given during the health assessment, but which are necessary to make the immunization status current.
(2) Initiate diagnosis and treatment, or referral for diagnosis and treatment, for all persons identified as needing such services as a result of the health assessment.
(3) Assume overall case management of the person in the event of subsequent referrals which may be part of the needed diagnosis and treatment program.
(4) Assure the provision of subsequent, periodic health assessment at the frequency indicated in section 6847.
(5) Be available as a source of primary care on a continuing basis to the person in the event subsequent medical services are requested.
(6) Maintain a health record for each person.
(e) A clinical laboratory provider shall be a clinical laboratory that meets the definition of the Medi-Cal program in Title 22, California Code of Regulations (CCR), Section 51211.2.
Note: Authority cited: Sections 208 and 321, Health and Safety Code; and Section 12, Assembly Bill 75 (Chapter 1331, Statutes of 1989). Reference: Sections 321, 323 and 24165.3, Health and Safety Code; Sections 655.6, 2834, 2835, 2835.5 and 2836, Business and Professions Code; Section 14132.41, Welfare and Institutions Code; and 42 U.S.C. Section 1396d(a).
s 6866. Procedures.
(a) The health assessment provider shall inquire of all persons receiving health assessments under provisions of this subchapter as to the person's entitlement to third-party reimbursement for such services. Where such entitlement exists, it shall be billed as follows:
(1) Insurance carriers shall be billed where such entitlement exists.
(2) The Department's Child Health and Disability Prevention Program shall be billed, in the manner specified by the program, for health assessments provided to the following persons:
(A) Medi-Cal beneficiaries if those services are not reimbursable under (1), above.
(B) Persons who are not Medi-Cal beneficiaries and for whom services are not reimbursable under (1), above, but who meet the age and family income criteria specified by the Department's Child Health and Disability Prevention Program.
(3) Persons enrolled in prepaid health plans that contract with the Department shall receive CHDP services from the prepaid health plan in which they are enrolled in accordance with the contract existing between the prepaid health plan and the Department.
(4) Persons may be billed directly for health assessments which are not reimbursable under (1) or (2), above, or the services may be provided at no cost to the person if the provider chooses.
(b) Eligibility for state-subvened health assessments shall be determined by the screening provider prior to the provision of such services.
(c) Each provider who bills the Department's Child Health and Disability Prevention Program for health assessments rendered pursuant to the provisions of this subchapter shall accept as total reimbursement for those services the amount reimbursed by the Department, and shall make no additional charges to any individual or to the Department's Child Health and Disability Prevention Program for such services.
(d) Providers' reimbursement claims for health assessments rendered under the provisions of this subchapter shall be subject to audit by the State anytime within three years beginning with the year in which the claim was filed.
(e) A clinical laboratory may bill the Department's Child Health and Disability Prevention Program for cytologic examinations of gynecologic slides taken during the course of a CHDP health assessment, or other laboratory services resulting from a CHDP health assessment as follows:
(1)The clinical laboratory shall accept as total reimbursement for the services rendered the amount reimbursed by the Department, and shall make no additional charge to any individual, provider, or to the Department's Child Health and Disability Prevention Program.
(2) Each claim for reimbursement must be accompanied by a legible copy of the CHDP health assessment provider's claim form, the Confidential Screening/Billing Report (PM 160) (revision 10/91), which indicates the name, address, and CHDP provider number of the clinical laboratory that will bill the CHDP program for the examination of gynecologic slides or other laboratory services.
(3) Clinical laboratories claims for reimbursement will not be processed for payment without the cross-reference information required in (2) above.
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Section 323.2 (a), Health and Safety Code.
s 6868. Schedule of Maximum Allowances.
(a) Health screening procedures. Reimbursement for the procedures listed in this subsection, when billed in accordance with this subchapter, shall be the amount billed by the provider for the procedures performed, up to the maximum allowances specified in this subsection. For purposes of this subsection: new patient means a person who has not previously received a health assessment from the examiner, and there is no health assessment record for the person established with the provider; extended visit means a visit in which the patient requires as much or more time to be given a health assessment as does a new patient; routine visit means a visit in which the patient requires less time than ordinarily needed with a new patient or an extended visit.
MAXIMUM
HEALTH SCREENING PROCEDURE ALLOWANCE
History and Physical Examination by Comprehensive Care Provider
New Patient or Extended Visit
Adolescent (age 12 through 20 years).... $49.51
Late childhood (age 5 through 11 years)..... 43.32
Early childhood (age 1 through 4 years)...... 40.84
Infant (birth through 11 months).... 38.37
Routine Visit
Adolescent (age 12 through 20 years).... 39.60
Late childhood (age 5 through 11 years)..... 33.43
Early childhood (age 1 through 4 years)...... 30.95
Infant (birth through 11 months).... 28.46
By Health Assessment -Only Provider
New Patient or Extended Visit
Adolescent (age 12 through 20 years).... 43.32
Late childhood (age 5 through 11 years)..... 37.13
Early childhood (age 1 through 4 years)...... 34.65
Infant (birth through 11 months).... 32.18
Routine Visit
Adolescent (age 12 through 20 years).... 37.13
Late childhood (age 5 through 11 years)..... 30.95
Early childhood (age 1 through 4 years)...... 28.46
Infant (birth through 11 months).... 25.99
Pelvic Exam.......................... ............................. 10.00
Vision Screening
Snellen eye test or equivalent
visual acuity test
Age 7 years and older............... ............................. $ 2.02
Age 3 through 6 years............... ............................. 4.00
Hearing Screening
Pure Tone Audiometry................ ............................. 9.21
Tuberculin Testing
Multiple Puncture................... ............................. 4.54
Mantoux (intracutaneous)............ ............................. 7.53
(b) Laboratory Tests. For laboratory tests listed in this subsection that the provider performs, reimbursement shall be either the provider's usual charge to the general public for the test or the maximum allowance specified in this subsection, whichever is less. If a laboratory test is performed by other than the screening provider, for instance by an outside laboratory, the screening provider may bill the Department's Child Health and Disability Prevention Program for the charge made to the provider by the laboratory (except for cytologic examination of a gynecologic slide as described below), plus a charge not to exceed $4.63 for the provider's collection and handling of the specimen. The total shall not exceed the maximum allowance specified in this subsection for the laboratory test.
If a clinical laboratory performs a cytologic examination of a gynecologic slide taken during the course of a CHDP health assessment, or other laboratory services resulting from a CHDP health assessment, the clinical laboratory may bill the Department's Child Health and Disability Prevention Program the clinical laboratory's usual charge to the general public not to exceed the maximum allowance specified in this subsection. The health assessment provider may bill the program a charge not to exceed $4.63 for the provider's collection and handling of the specimen. The total charge from the clinical laboratory and the health assessment provider shall not exceed the maximum allowance specified in this subsection for cytologic tests. Clinical laboratory tests shall be performed in the manner and by persons and laboratories that meet the relevant standards established in the Health and Safety Code, the Business and Professions Code and Title 17 of the California Code of Regulations.
MAXIMUM
LABORATORY TEST ALLOWANCE
Blood Tests
Hematocrit......................................................... $3.01
Hemoglobin......................................................... 3.01
Sickle Cell Status (Electrophoresis)............................... 30.11
Blood Lead Screening
Blood Lead Level Determination..................................... 22.45
Phenylalanine (PKU) Blood........................................... 4.54
Urine Tests
Urinalysis, routine, complete...................................... 4.54
Urine "Dipstick"................................................... 2.87
Tests for Microorganisms
Culture for Neisseria Gonorrhea.................................... 6.02
Cytologic Tests
Papanicolaou (Pap) Smear........................................... 11.22
Ova and Parasites, direct smears, concentration and 12.39
identification....................................................
VDRL, RPR or ART.................................................... 4.56
Chlamydia Test...................................................... 19.25
(c) Immunizations. Reimbursement for the immunizations listed in this subsection, when billed in accordance with this subchapter, shall be the amount billed by the provider for the immunizations given, up to the maximum allowances specified in this subsection. However, if the provider uses vaccine supplied at no cost to the provider by the Department's Immunization Assistance Program, the maximum reimbursement for administration of the vaccine shall be the amount determined by the Department rather than the amount specified in this subsection. The maximum reimbursement rate for the professional component of administering an immunization under this subsection shall be $4.52. The maximum allowable reimbursement for the ingredient component of an immunization shall be based on prevailing market acquisition costs as determined by the Department's fiscal intermediary.
IMMUNIZATION
DPT (diphtheria and tetanus toxoids with pertussis vaccine) First, second, third of series; booster.
Td (combined tetanus and diphtheria toxoids, adult type)
Dd (combined tetanus and diphtheria toxoids, pediatric type)
Hib (Haemophillus Influenza Type b) vaccine
Hib (Haemophillus Influenza Type b) conjugate vaccine
HibTITER
Polio: IPV (inactivated trivalent poliovirus vaccine) First, second, third of series, or booster
TOPV (trivalent oral polio virus vaccine) First, second, third of series; booster.
Measles vaccine
Rubella vaccine
Mumps vaccine
MR (measles, rubella) vaccine
MMR (measles, mumps, rubella) vaccine
MuR (mumps, rubella) vaccine
HBVAC (hepatitis B vaccine) (Pre-exposure)
HBIG (hepatitis B immune globulin) (Post exposure)
Note: Authority cited: Sections 208 and 321, Health and Safety Code, and Sections 14105 and 14124.5, Welfare and Institutions Code. Reference: Sections 323 and 323.2 (a), Health and Safety Code; and Section 14105, Welfare and Institutions Code; Items 4260-111-001, Chapter 258, Statutes of 1984, and Statutes of 1985, Chapter 111, Items 4260-111-001 and 890; and Section 655.6, Business and Professions Code.
s 6870. Records.
Records shall be maintained by the community child health and disability prevention program, and those participating in it, for the purposes and in the manner specified by the Department's Child Health and Disability Prevention Program.
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Sections 321.2 (c) and 321.2 (h), Health and Safety Code.
s 6872. Reporting.
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Sections 320, et seq., Health and Safety Code.
s 6874. Confidentiality.
(a) All information and results of the health assessments of each person shall be confidential and shall not be released without the informed consent of the person or parent or guardian.
(b) The results of the health assessment shall not be released to any public or private agency, even with the consent of the person or parent or guardian, unless accompanied by a professional interpretation of what the results mean.
Note: Authority cited: Sections 208 and 321, Health and Safety Code. Reference: Section 324.5, Health and Safety Code.
s 6901. Definitions.
(a) "Decoy" means a 15 or 16 year old individual participating in an inspection carried out by the Department to determine compliance with California law prohibiting the sale of a tobacco product to a minor.
(b) "Department" means the Department of Health Services or a local law enforcement agency that has entered into an enforcement delegation contract with the Department of Health Services.
(c) "Inspection" means a law enforcement activity conducted by the Department in which a decoy, under the direct supervision of a regularly employed peace officer, attempts to purchase a tobacco product at a retail site.
(d) "Minor" means any individual under 18 years of age.
(e) "Person" means any individual, partnership, company, estate, public or private institution, association, organization, group, city, county, city and county, political subdivision of this state, other governmental agency within the state, and any representative agent, or agency of any of the foregoing.
(f) "Retail site" means any outlet that provides tobacco products for sale to consumers including, but not limited to, an establishment, vending machine, vehicle, mobile unit, stationary mobile unit, booth, stand, or concession.
(g) "Sale" means the transfer or exchange for consideration or otherwise furnishing of a tobacco product to a consumer for the purpose of consumption or use, and not for re-sale.
(h) "Seller" means the owner of any retail business or any employee of the retail business authorized to make sales of tobacco products to consumers.
(i) "Tobacco product" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
(j) "Valid identification" means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license or an identification card issued to a member of the Armed Forces, which contains the name, date of birth, description, and photograph of the individual.
(k) "Vending machine" means any mechanical device, the operation of which depends upon the insertion of money, trade checks, tokens or other things representative of value and which dispenses or vends tobacco products.
Note: Authority cited: Sections 22952(b) and 22952(d), Business and Professions Code; and Section 208, Health and Safety Code. Reference: Sections 22951, 22952(b), 22952(c), 22952(d)(1)-(7), 22954, 22956, 22957 and 22958 Business and Professions Code.
s 6902. Warning Sign; Identification.
(a) At each retail site that sells or furnishes tobacco products a sign shall be conspicuously posted so that it is likely to be read by a consumer during a sale at each cash register, vending machine or any other point at which sales occur. The sign shall meet the following specifications:
(1) Contain the following words with initial letters capitalized in the following manner: The Sale of Tobacco Products to Persons Under 18 Years of Age Is Prohibited by Law and Subject to Penalties. Valid Identification May Be Required. To Report an Unlawful Tobacco Sale Call 1-800-5ASK-4-ID. Business and Professions Code Section 22952.
(2) Be square in shape and no smaller than 5.5 inches high by 5.5 inches wide (30.25 square inches) or be rectangular in shape and no smaller than 3.66 inches high by 8.5 inches wide (31.11 square inches). A sign may be larger; however, the sign shall be proportionate to one set of the dimensions set forth in this subdivision.
(3) Be printed in ink that is of high contrast from the color of the background material. (Examples are black ink on white paper or dark blue ink on yellow paper.)
(4) Located at least one-third inch from the top and sides, the following required words shall be no smaller than 20 point medium or bold Helvetica or Futura type face: "The Sale of Tobacco Products to Persons Under 18 Years of Age Is Prohibited by Law and Subject to Penalties. Valid Identification May Be Required." Located at least one-third inch from the sides, the following required words shall be no smaller than 30 point medium or bold Helvetica or Futura type face and in all cases 6 point size larger than all other text: "To Report an Unlawful Tobacco Sale Call 1-800-5ASK-4-ID." Located at least one-quarter inch from the sides and bottom, the required legal citation "Business and Professions Code Section 22952" shall be no smaller than 12 point medium or bold Helvetica or Futura type face.
(b) The seller shall request valid identification from any individual who attempts to purchase a tobacco product if that individual reasonably appears to the seller to be under 18 years of age.
Note: Authority cited: Section 22952(b), Business and Professions Code. Reference: Sections 22952(b) and 22956, Business and Professions Code.
s 6903. Inspections; Decoys.
(a) The Department shall conduct inspections using decoys who shall present the appearance of an individual under 18 years of age. For purposes of verifying that a decoy appears to be under 18 years of age at the time of the inspection, a photograph or video recording of the decoy shall be taken prior to and on the same day as the inspection and shall be retained by the Department.
(b) A decoy, if requested, shall present valid identification.
(c) A decoy shall be supervised by a regularly employed peace officer at all times during the inspection.
(d) Within 2 working days of a sale of tobacco to a decoy during an inspection, the peace officer who originally accompanied and supervised the decoy during the inspection, shall return to the retail site, advise the seller of the inspection and violation, and identify the decoy to the seller by means of a photograph taken the same day as the inspection.
(e) The Department may use video recording equipment, including video, audio, photographic and other audio/visual recording equipment, to record and document an inspection.
(f) Inspections of retail sites may be conducted: (1) on the basis of random selection in a given geographic area; or (2) in response to reports of violations of Penal Code section 308 subsection (a) or of Business and Professions Code section 22958; or (3) in response to reports of unlawful sales over the toll-free telephone number authorized by subdivision (b) of section 22952 of the Business and Professions Code.
Note: Authority cited: Section 22952(d), Business and Professions Code. Reference: Sections 22952(b), 22952(c), 22952(d)(1)-(7) and 22958, Business and Professions Code; and Section 308, Penal Code.
s 6904. Defenses.
Failure to comply with the procedures set forth in Subdivision (d) of Section 22952 of the Business and Professions Code and Title 17, California Code of Regulations, Section 6903 shall be a defense to any action brought pursuant to the STAKE Act (Division 8.5 of the Business and Professions Code).
Note: Authority cited: Section 22952(d), Business and Professions Code. Reference: Sections 22952(d)(1)-(8), Business and Professions Code.
s 6905. Annual Report of Tobacco Retail Sites.
(a) Each cigarette or tobacco products distributor or wholesaler and each cigarette vending machine operator as required in Business and Professions Code section 22954 shall, within 45 days after the end of the calendar year, annually file a report listing the retail sites, including dealers as defined in Revenue and Taxation Code section 30012, to which it provided tobacco products during the calendar year just ended. This report of retail sites shall be filed with the Department of Health Services, Tobacco Control Section, 601 North 7th Street, M.S. 555, P.O. Box 942732, Sacramento, CA 94234-7320. The first report shall be submitted for the calendar year beginning January 1, 1995. The annual report shall contain the following:
(1) The name of the cigarette or tobacco products distributor or wholesaler or cigarette vending machine operator company.
(2) The address and telephone number of the company's principal executive office.
(3) The name, title, and address of the representative of the company to whom correspondence regarding this report should be addressed.
(4) The name, title and signature of the official authorized to sign the report on behalf of the company.
(5) A certification made pursuant to Code of Civil Procedure Section 2015.5 by the authorized person whose signature appears on the report as follows:
"I certify under penalty of perjury under the laws of the State of California that the information contained in the report is true and correct:
___________
"
(Date) (Signature)
(6) A list of each retail site's name and the physical location of the retail site to which the company supplied tobacco products or vending machines for the preceding calendar year. The list shall include, on separate lines, the full name, street address, city and zip code of each retail site. For those companies with computer capability, the list of the retail sites is also required to be submitted on a computer diskette as a flat ASCII file, or other format to be specified by the Department of Health Services, on one or more 3 1/2 inch or 5 1/4 inch floppy diskette(s). For those companies without computer capability, submission of the list on a computer diskette is not required. For the second and subsequent year that the company files this report, the company is required to either submit the information required by this subsection or report only changes to the first report. Where a company opts in the second or subsequent year to report only changes to the first or previous report, such second or subsequent report shall include and clearly identify name or address changes of the retail sites, additional retail sites to which it supplies tobacco products or vending machines and retail sites to which it no longer supplies tobacco products or a vending machine.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 22954, Business and Professions Code; Section 30012, Revenue and Taxation Code; and Section 2015.5, Code of Civil Procedure.
<<(Chapter Originally Printed 8-15-45)>>
Note: Authority cited: Section 4026, Health and Safety Code. Reference: Sections 4010 -4037, Health and Safety Code.
Note: Authority cited: Sections 208 and 4010.1(h), Health and Safety Code. Reference: Sections 4010.1(h), 4012, 4013, and 4019, Health and Safety Code.
s 7100. Purpose.
Note: Authority cited: Sections 208 and 4074, Health and Safety Code. Reference: Section 4082, Health and Safety Code.
s 7101. Definition.
Note: Authority cited: Sections 208 and 4074, Health and Safety Code. Reference: Section 4082, Health and Safety Code.
s 7103. Employment of Certified Operator.
Note: Authority cited: Sections 208 and 4074, Health and Safety Code. Reference: Section 4082, Health and Safety Code.
s 7104. Operator-in-Training.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875, 106885 and 106910, Health and Safety Code.
s 7105. Remote Area.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106885, Health and Safety Code.
s 7106. Certification Requirements.
Note: Authority cited: Sections 208 and 4074, Health and Safety Code. Reference: Section 4082, Health and Safety Code.
s 7107. Grade of Operator.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7109. Requirements for Certification.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7110. Application.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106885, Health and Safety Code.
s 7110.1. Processing an Application for Certification.
Note: Authority cited: Section 15376, Government Code; and Section 100275, Health and Safety Code. Reference: Section 15376, Government Code; and Section 106885, Health and Safety Code.
s 7110.2. Processing Time.
Note: Authority cited: Section 15376, Government Code; and Section 100275, Health and Safety Code. Reference: Section 15376, Government Code; and Section 106885, Health and Safety Code.
s 7111. Application Review.
Note: Authority cited: Sections 208 and 4074, Health and Safety Code, Reference: Section 4082, Health and Safety Code.
s 7112. Notification to Applicants.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7113. Certification Without Examination for Certain Persons Employed Prior to April 30, 1973.
Note: Authority cited: Section 208 and 4074 Health and Safety Code, Reference: Sections 4082, Health and Safety Code.
s 7114. Minimum Qualifications for Examination.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106910, Health and Safety Code.
s 7116. Regular Certification.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7117. Temporary Certification.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7118. Limited Certification.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7120. Issuance and Renewal.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7121. Suspension for Failure to Renew Certificate.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875 and 106890, Health and Safety Code.
s 7122. Revocation of Certificate.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Sections 106875-106885, Health and Safety Code.
s 7123. Posting of Certificate.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106885, Health and Safety Code.
s 7125. Frequency of Examinations.
Note: Authority cited: Section 208 and 4074, Health and Safety Code Reference: Section 4082, Health and Safety Code.
s 7126. Examination Content.
Note: Authority cited: Section 208 and 4074, Health and Safety Code Reference: Section 4082, Health and Safety Code.
s 7127. Examination Procedure.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106880, Health and Safety Code.
s 7130. Application Fee.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106890, Health and Safety Code.
s 7131. Renewal Fee.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106890, Health and Safety Code.
s 7132. Reexamination Fee.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106890, Health and Safety Code.
s 7133. Penalty Fee.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106890, Health and Safety Code.
s 7134. Duplicate Certificate Fee.
Note: Authority cited: Section 100275, Health and Safety Code. Reference: Section 106890, Health and Safety Code.
s 7557. Drain Wells.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Section 208, Health and Safety Code.
s 7583. Definitions.
In addition to the definitions in Section 4010.1 of the Health and Safety Code, the following terms are defined for the purpose of this Chapter:
(a) "Approved Water Supply" is a water supply whose potability is regulated by a State of local health agency.
(b) "Auxiliary Water Supply" is any water supply other than that received from a public water system.
(c) "Air-gap Separation (AG)" is a physical break between the supply line and a receiving vessel.
(d) "AWWA Standard" is an official standard developed and approved by the American Water Works Association (AWWA).
(e) "Cross-Connection" is an unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.
(f) "Double Check Valve Assembly (DC)" is an assembly of at least two independently acting check valves including tightly closing shut-off valves on each side of the check valve assembly and test cocks available for testing the watertightness of each check valve.
(g) "Health Agency" means the California Department of Health Services, or the local health officer with respect to a small water system.
(h) "Local Health Agency" means the county or city health authority.
(i) "Reclaimed Water" is a wastewater which as a result of treatment is suitable for uses other than potable use.
(j) "Reduced Pressure Principle Backflow Prevention Device (RP)" is a backflow preventer incorporating not less than two check valves, an automatically operated differentialrelief valve located between the two check valves, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing. (continued)