2005 California Health and Safety Code Sections 100100-100140 CHAPTER 1. ORGANIZATION OF THE DEPARTMENT

100100.  There is in the state government in the Health and Welfare
Agency, a State Department of Health Services.
100105.  The department is under the control of an executive officer
known as the Director of Health Services, who shall be appointed by
the Governor, subject to confirmation by the Senate, and hold office
at the pleasure of the Governor.  The director shall receive the
annual salary provided by Article 1 (commencing with Section 11550)
of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government
Code.
   Upon recommendation of the director, the Governor may appoint not
to exceed two chief deputies of the department who shall hold office
at the pleasure of the Governor.  The salaries of the chief deputies
shall be fixed in accordance with law.
100106.  Pursuant to Section 11158 of the Government Code, the
sheriff of each county, or city and county, may enforce within the
county, or the city and county, all orders of the State Department of
Health Services issued for the purpose of preventing the spread of
any contagious, infectious, or communicable disease. Every peace
officer of every political subdivision of the county, or city and
county, may enforce within the area subject to his or her
jurisdiction all orders of the State Department of Health Services
issued for the purpose of preventing the spread of any contagious,
infectious, or communicable disease. This section is not a limitation
on the authority of peace officers or public officers to enforce
orders of the State Department of Health Services. When deciding
whether to request this assistance in enforcement of its orders, the
State Department of Health Services may consider whether it would be
necessary to advise the enforcement agency of any measures that
should be taken to prevent infection of the enforcement officers.
100110.  The director shall have the powers of a head of the
department pursuant to Chapter 2 (commencing with Section 11150) of
Part 1 of Division 3 of Title 2 of the Government Code.
100115.  There is in the department a Division of Rural Health.  The
division shall administer Chapter 3 (commencing with Section 124550)
and Chapter 4 (commencing with Section 124575) of Part 4 of Division
106, Section 101300, and Article 1 (commencing with Section 124600)
of Chapter 5 of Part 4 of Division 106.
100117.  The Legislature finds and declares all of the following:
   (a) The AIDS pandemic continues to devastate California.  Over
44,000 Californians have died of AIDS since 1981, and it is estimated
that one out of every 200 Californians is infected with HIV, the
virus believed to cause AIDS.  Education remains the best tool to
prevent the ongoing spread of HIV.
   (b) The seroprevalence rate of HIV-infected persons is increasing
dramatically in some groups.  The incidence rate among women, people
of color, at-risk youth, substance abusers, rural residents and their
sexual partners is increasing, as is the rate of infection among gay
and bisexual men, especially in urban areas.  It is clear that
targeted financial resources must be directed to conduct effective
HIV education and risk reduction.
   (c) Many AIDS service providers, community-based organizations,
and other advocacy groups lack the technical assistance necessary for
them to access public and private grant moneys to serve their
clients.
   (d) In addition to prevention education efforts, there are
additional unmet financial needs in the war against HIV infection and
AIDS.  These unmet needs include, but are not limited to, care and
treatment of those with HIV, expanded medical and social behavioral
research, funding for HIV antibody testing at both anonymous and
confidential test sites throughout California, housing and financial
assistance for those with HIV and their families, and mental health
programs for people with HIV and those at risk for contracting AIDS.
   (e) Numerous state agencies and departments conduct HIV-related
programs, including the State Department of Health Services, the
State Department of Social Services, the Department of Corrections,
the State Department of Alcohol and Drug Programs, the State
Department of Education, the State Department of Mental Health, the
Department of the Youth Authority, and the University of California.
Coordination of the various state funded programs will enhance the
service delivery of HIV-related programs to Californians in need.
   (f) An evaluation of state prevention and education efforts was
conducted by the Institute for Health Policy Studies at the
University of California, San Francisco and published in March of
1993.  This report, entitled "HIV Prevention in California," noted
both positive achievements of state-run programs as well as
opportunities for improvement.  Among the primary recommendations of
the study was the need to legislatively identify the Office of AIDS
in the State Department of Health Services as the lead agency on HIV
and AIDS to ensure the goal of state program coordination.
100119.  There is in the State Department of Health Services an
Office of AIDS.  The State Department of Health Services, Office of
AIDS, shall be the lead agency within the state, responsible for
coordinating state programs, services, and activities relating to the
human immunodeficiency virus (HIV), acquired immune deficiency
syndrome (AIDS), and AIDS related conditions (ARC).  Among its
responsibilities, the State Department of Health Services, Office of
AIDS, shall coordinate Sections 120875, Section 120880, Chapter 2
(commencing with Section 120800), Chapter 4 (commencing with Section
120900), Chapter 6 (commencing with Section 120950), Chapter 8
(commencing with Section 121025), Chapter 9 (commencing with Section
121050), Chapter 10 (commencing with Section 121075), Chapter 11
(commencing with Section 121150), Chapter 12 (commencing with Section
121200), Chapter 13 (commencing with Section 121250), and Chapter 14
(commencing with Section 121300), of Part 4 of Division 105.  Any
reference in those provisions to the State Department of Health
Services shall be deemed a reference to the Office of AIDS.
100120.  All officers or employees of the department employed after
July 1, 1978, shall be appointed by the director.
100125.  Notwithstanding any other provision of state law, the
department shall develop a proposal for consolidation of various
programs affecting the health of mothers and children.  The
department, in developing the proposal, shall consult with the State
Maternal Child and Adolescent Health Board, the California Conference
of Local Health Officers, the California State Association of
Counties, the Primary Care Clinic Advisory Committee, and other
organizations interested in health services for women and children,
as determined by the department, that shall assist it in identifying
waivers of state and federal requirements that would be necessary to
implement the proposal.  The proposal shall consider administrative
cost savings that may result from this consolidation.  The department
shall obtain waivers from state and federal requirements that the
department determines are necessary to make the proposal viable.  Any
problem in obtaining the waivers shall be reported to the
Legislature with the proposals.  The department shall submit its
proposal to the Legislature on or before January 1, 1984.  Programs
may include, but need not be limited to, the following:
   (a) California Children's Services.
   (b) WIC--Special Supplemental Food.
   (c) Child Health and Disability Prevention.
   (d) California Immunization Assistance Program.
   (e) Children and Youth Project.
   (f) Dental Disease Prevention.
   (g) Rural Health.
   (h) Indian Health.
   (i) Pediatric Renal Failure Centers.
   (j) Prepaid Health Plans.
   (k) Family Planning.
   (l) Infant Medical Dispatch Centers Program.
   (m) Childhood Lead Program.
   (n) Tuberculosis Control Program.
   (o) Venereal Disease.
   (p) SSI Disabled Children's Program.
   (q) Other maternal and child health programs, including, but not
limited to, the following:
   (1) Sickle Cell.
   (2) Prenatal Testing.
   (3) Tay Sachs.
   (4) Huntington's Disease.
   (5) Prenatal Access.
   (6) High Risk Followup.
   (7) O.B. Access.
   (8) Perinatal Health Clinics.
   (9) Primary Care Clinics.
   (10) Maternal and Child Health Grants.
   Consolidation may include combining two or more specialized
programs or the development of a single planning, evaluation,
budgeting and reporting process for two or more programs that share a
common target population.  The department may submit more than one
proposal for consolidation if two or more groupings of programs merit
consolidation.
   Each proposal shall be developed after a review by the department
of consolidation efforts proposed or developed by the counties.  In
the design of the proposal, the department shall consider how state
level plans may assist further development of these local efforts.
   The department shall consult with the Department of Finance to
develop a simplified budget and reporting format for programs that
are recommended for consolidation.
   The Department of Finance shall make modifications in the
California Fiscal Information System as it deems necessary to
accommodate the proposed program consolidation.
   The office shall consult with the department with respect to the
implementation of this section.  The office shall incorporate
recommendations for the consolidation of maternal, child, and
adolescent health services in applicable policy plans adopted after
January 1, 1983.
100130.  Each state level consolidation proposal shall include plans
for the development of the following:
   (a) Common eligibility standards for programs included within the
consolidated proposal, or, if federal law requires different
eligibility standards for these programs, a common method for
determining eligibility.
   (b) A single form for the collection of necessary data from
individuals, or a uniform format shared by all programs included in
the consolidated proposal.
   (c) A single form for reporting service delivery to the state.
   (d) Shared plans, budgets, and fiscal accountability mechanisms,
including audit procedures.
   (e) Common intake points for services included in the consolidated
system, that include eligibility determination, referral services,
and follow through.
   (f) A unified case management system.
   (g) A method of determining the needs of, and developing services
for, special populations.
   (h) Implementation plans that propose solutions to any identified
significant barriers or gaps in service.
100135.  The director may seek and grant waivers that the department
determines are reasonably necessary for the implementation of the
department's proposed consolidations.
100140.  It is the intent of the Legislature that the duties and
responsibilities provided for in Sections 100125 and 100130 be
accomplished by utilizing existing staff resources, and that no
additional funding be provided other than that appropriated by the
Legislature in the annual Budget Act.