Ophthalmia Neonatorum - General Provisions - Business & Professions - CA

Section § 550

This section defines "ophthalmia neonatorum" as any eye condition in an infant involving inflammation, swelling, or redness, with or without unusual discharge, within the first two weeks after birth. It also clarifies that "department" refers to the State Department of Health Services.

As used in this article, “ophthalmia neonatorum,” independent of the nature of the infection, means any condition of the eye, or eyes, of any infant in which there is any inflammation, swelling or redness in either one or both of the eyes of any infant, either apart from or together with any unnatural discharge from the eye, or eyes, of any infant, at any time within two weeks after its birth.

As used in this article, “department” refers to the State Department of Health Services.

ophthalmia neonatorum infant eye condition inflammation

Section § 551

This law mandates that everyone involved in the childbirth process, including medical professionals and family members, must apply a preventive eye treatment to the newborn within two hours after birth. If the baby shows signs of a specific eye infection, called ophthalmia neonatorum, within two weeks of being born, the person aware of this must notify the local health officer within 24 hours.

It is the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative, and any person or persons attendant upon, or assisting in any way whatsoever, either the mother or child, or both, at childbirth, to treat both eyes of the infant within two hours after birth with a prophylactic efficient treatment, and in all cases where the child develops within two weeks after its birth ophthalmia neonatorum, and such person knows it to exist, to report the case within 24 hours after knowledge, in such form as the department directs, to the local health officer of the county or city within which the mother of any such infant resides.

ophthalmia neonatorum newborn eye treatment prophylactic treatment

Section § 552

If someone is accused of violating the rules related to eye infections in newborns called ophthalmia neonatorum, any case of this infection or resulting blindness they were involved with can be used as initial proof that they knew about the case.

Any case of ophthalmia neonatorum or of blindness resulting from it upon which one accused of a violation of this article has been in attendance constitutes prima facie evidence of knowledge of the case by the one accused.

ophthalmia neonatorum newborn eye infection violation attendance

Section § 553

Maternity homes, hospitals, and similar places where babies are born must keep a record of any cases of an eye infection called ophthalmia neonatorum. They need to keep these records in the way the department instructs them to.

All maternity homes, hospitals, and similar institutions wherein childbirths occur shall keep a record of all cases of ophthalmia neonatorum occurring or discovered therein. These records shall be in the form and contain the matters which the department prescribes.

maternity homes hospitals childbirth

Section § 554

This law requires local health officers to investigate cases of neonatal eye infections (ophthalmia neonatorum) and any other related cases that they come across. They must report these cases, along with their investigation results, to the state health department in the format specified. The officers should also follow any rules set by the department to help enforce these health regulations effectively.

The local health officer shall:

(a) Investigate each case filed with him in pursuance of this article, and all other cases coming to his attention.

(b) Report all cases of ophthalmia neonatorum coming to his knowledge, and the result of all investigations that he makes to the department, in such form as the department directs.

(c) Conform to such rules and regulations as the department promulgates for the purpose of carrying out the provisions of this article.

local health officer investigation ophthalmia neonatorum

Section § 555

This law gives the State Department of Health Services several duties to keep an eye on and address eye infections in newborns called ophthalmia neonatorum. They need to enforce related rules, create any extra regulations needed, and share information about the infection's risks and treatments. They must also provide physicians and midwives with this information free of charge, keep records of all reported cases, and include these in a report to the Governor and Legislature. Plus, if any rules are broken, they must let the local district attorney know for legal action.

The State Department of Health Services shall:

(a) Enforce the provisions of this article.

(b) Promulgate rules and regulations necessary to carry out properly the provisions of this article.

(c) Print and publish any further advice and information concerning the dangers of ophthalmia neonatorum and the necessity for prompt and effective treatment thereof, as it deems necessary.

(d) Furnish without cost copies of this article to all physicians, midwives and such other persons as may be lawfully engaged in the practice of obstetrics or assisting at childbirths.

(e) Keep a proper record of any and all cases of ophthalmia neonatorum filed in its office in pursuance of this article, and as may come to its attention in any way, and such records shall constitute a part of the biennial report to the Governor and the Legislature.

(f) Report any and all violations of this article as may come to its attention to the district attorney of the county wherein any violation of any provision of this article has been committed, for the purpose of prosecution.

ophthalmia neonatorum State Department of Health Services newborn eye infections

Section § 556

This law explains that if someone fails to report, treat, or record cases of a newborn eye disease called ophthalmia neonatorum, as required by certain sections, they are committing a misdemeanor. This also applies to not following health department rules related to this issue. If found guilty, the fines increase with each offense: up to $100 for the first, up to $200 for the second, and up to $400 for the third and any following offenses.

The failure of any person mentioned in Section 551 to report, or the failure of any maternity home, hospital, or similar institution, to use the treatment prescribed in Section 551 and to record any and all cases of ophthalmia neonatorum, as directed in Section 553, or the failure or refusal of any person or institution, mentioned in this article, to obey any rule or regulation adopted by the department under this article constitutes a misdemeanor, and upon conviction thereof shall be fined, for the first offense not to exceed one hundred dollars ($100); for a second offense not to exceed two hundred dollars ($200); and for a third offense, and thereafter not to exceed four hundred dollars ($400) for each violation.

ophthalmia neonatorum maternity home hospital

Section § 557

If a doctor, midwife, or another professional gets convicted of a crime three times, their professional license can be taken away by the appropriate licensing board.

If the person is a physician, midwife, or is a person who is professionally employed, the third conviction is sufficient cause for the revocation of his license by the board which has jurisdiction over it.

physician midwife professional license

Section § 558

This law states that when fines are collected, half of the money goes to the county where the legal case happened, and the other half goes to the state treasury. The state's portion is then used by a department for specific purposes outlined in the related laws.

One-half of all fines collected hereunder shall go to the county wherein the prosecution was had, and the remaining one-half thereof shall go into the state treasury and constitute a special fund to be expended by the department for the purposes of carrying out the provisions of this article.

fines distribution county share state treasury