Section 120130 Of Chapter 2. Functions And Duties Of The State Department Of Health Services From California Health And Safety Code >> Division 105. >> Part 1. >> Chapter 2.
120130
. (a) The department shall establish a list of reportable
diseases and conditions. For each reportable disease and condition,
the department shall specify the timeliness requirements related to
the reporting of each disease and condition, and the mechanisms
required for, and the content to be included in, reports made
pursuant to this section. The list of reportable diseases and
conditions may include both communicable and noncommunicable
diseases. The list may include those diseases that are either known
to be, or suspected of being, transmitted by milk or milk-based
products. The list may be modified at any time by the department,
after consultation with the California Conference of Local Health
Officers. Modification of the list shall be exempt from the
administrative regulation and rulemaking requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and shall be implemented without being adopted
as a regulation, except that the revised list shall be filed with the
Secretary of State and printed in the California Code of Regulations
as required pursuant to subdivision (e). Those diseases listed as
reportable shall be properly reported as required to the department
by the health officer.
(b) The department shall establish a list of communicable diseases
and conditions for which clinical laboratories shall submit a
culture or a specimen to the local public health laboratory. The list
shall set forth the conditions under which the culture and specimen
shall also be submitted to the State Public Health Laboratory. The
list may be modified at any time by the department, in consultation
with appropriate local public health stakeholders, including, but not
limited to, local health officers and public health laboratory
directors. Both establishment and modification of the list shall be
exempt from the administrative regulation and rulemaking requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code, and shall be implemented
without being adopted as a regulation, except that the initial list
and any modifications shall be filed with the Secretary of State and
printed in the California Code of Regulations as required pursuant to
subdivision (e).
(c) The department may from time to time adopt and enforce
regulations requiring strict or modified isolation, or quarantine,
for any of the contagious, infectious, or communicable diseases, if
in the opinion of the department the action is necessary for the
protection of the public health.
(d) The health officer may require strict or modified isolation,
or quarantine, for any case of contagious, infectious, or
communicable disease, when this action is necessary for the
protection of the public health.
(e) The lists established pursuant to subdivisions (a) and (b) and
any subsequent modifications shall be published in Title 17 of the
California Code of Regulations.
(f) Notwithstanding any other provision of law, no civil or
criminal penalty, fine, sanction, or finding, or denial, suspension,
or revocation of licensure for any person or facility may be imposed
based upon a failure to provide the notification of a reportable
disease or condition or to provide the submission of a culture or
specimen that is required under this section, unless the name of the
disease or condition that is required to be reported, or for which a
culture or specimen is required to be submitted, was printed in the
California Code of Regulations and the department notified the person
or facility of the disease or condition at least six months prior to
the date of the claimed failure to report or submit.
(g) Commencing July 1, 2009, or within one year of the
establishment of a state electronic laboratory reporting system,
whichever is later, a report generated pursuant to this section, or
Section 121022, by a laboratory shall be submitted electronically in
a manner specified by the department. The department shall allow
laboratories that receive incomplete patient information to report
the name of the provider who submitted the request to the local
health officer.
(h) The department may, through its Internet Web site and via
electronic mail, advise out-of-state laboratories that are known to
the department to test specimens from California residents of the new
reporting requirements.