Section § 1225

Explanation

The department is responsible for creating and updating rules for different types of medical clinics in California. The rules for primary care and specialty clinics must be distinct from each other. Regulations for licensed clinics in place as of December 31, 1977, will remain until changed by the department director.

Specific requirements are in place for chronic dialysis, surgical, and rehabilitation clinics. These clinics must comply with federal standards effective before January 1, 2018, as listed in the Code of Federal Regulations. Chronic dialysis clinics must follow standards for end-stage renal disease, surgical clinics must adhere to ambulatory surgical standards, and rehabilitation clinics must comply with comprehensive outpatient rehabilitation standards.

(a)CA Health & Safety Code § 1225(a) The department shall adopt, and may from time to time amend or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the department to exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any of the provisions of any statute of this state. The rules and regulations for primary care clinics shall be separate and distinct from the rules and regulations for specialty clinics.
(b)CA Health & Safety Code § 1225(b) All regulations relating to licensed clinics in effect on December 31, 1977, which were adopted by the department, shall remain in full force and effect until altered, amended, or repealed by the director.
(c)CA Health & Safety Code § 1225(c) A chronic dialysis clinic, a surgical clinic, or a rehabilitation clinic licensed or seeking licensure shall comply with the following federal certification standards in effect immediately preceding January 1, 2018:
(1)CA Health & Safety Code § 1225(c)(1) A chronic dialysis clinic shall comply with federal certification standards for an end-stage renal disease clinic, as specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the Code of Federal Regulations.
(2)CA Health & Safety Code § 1225(c)(2) A surgical clinic, as defined in subdivision (b) of Section 1204, shall comply with federal certification standards for an ambulatory surgical clinic, as specified in Sections 416.1 to 416.54, inclusive, of Title 42 of the Code of Federal Regulations.
(3)CA Health & Safety Code § 1225(c)(3) A rehabilitation clinic shall comply with federal certification standards for a comprehensive outpatient rehabilitation facility, as specified in Sections 485.50 to 485.74, inclusive, of Title 42 of the Code of Federal Regulations.

Section § 1226

Explanation

This section outlines the standards for clinics in California regarding the types of services they can offer, the required physical conditions, staffing, and construction requirements. Clinics must meet minimum standards to ensure safety, adequacy, and patient needs, following the California Building Standards Code.

There are detailed construction standards for clinics, including specific criteria for community and rural health clinics to comply with federal Medicare and Medicaid safety guidelines.

Cities or counties oversee plan review and building inspection to confirm adherence to these standards and can certify in writing the compliance within 30 days after construction. If local authorities do not provide certification, clinics must obtain it from the Department of Health Care Access and Information, which may charge a fee.

The State Fire Marshal dictates fire and safety regulations for surgical clinics. Additionally, clinical laboratory standards do not apply to clinics already licensed under the Business and Professions Code.

(a)CA Health & Safety Code § 1226(a)  The regulations shall prescribe the kinds of services that may be provided by clinics in each category of licensure and shall prescribe minimum standards of adequacy, safety, and sanitation of the physical plant and equipment, minimum standards for staffing with duly qualified personnel, and minimum standards for providing the services offered. These minimum standards shall be based on the type of facility, the needs of the patients served, and the types and levels of services provided.
(b)Copy CA Health & Safety Code § 1226(b)
(1)Copy CA Health & Safety Code § 1226(b)(1) The Department of Health Care Access and Information, in consultation with the Community Clinics Advisory Committee, shall prescribe minimum construction standards of adequacy and safety for the physical plant of clinics as found in the California Building Standards Code.
(2)CA Health & Safety Code § 1226(b)(2)  The construction standards for the construction or alteration of a community clinic licensed under subdivision (a) of Section 1204 or a rural health clinic, as defined in paragraph (1) of subdivision (l) of Section 1396d of Title 42 of the United States Code, established pursuant to this section and standards established or applied by a city or county, shall comply with the safety and accessibility standards required for the physical environment of a clinic to ensure participation in the federal Medicare and Medicaid programs, as outlined in Subchapter G (commencing with Section 482.1) of Chapter IV of Title 42 of the Code of Federal Regulations.
(3)CA Health & Safety Code § 1226(b)(3)  If the standards are amended, they shall not be more restrictive or stringent than the OSHPD 3 regulations of the California Building Standards Code. During the regulation promulgation process, the Department of Health Care Access and Information shall be required to hold a minimum of two public meetings to solicit public comment on the proposed new standards.
(c)CA Health & Safety Code § 1226(c)  A city or county, as applicable, shall have plan review and building inspection responsibilities for the construction or alteration of buildings described in paragraphs (1) and (2) of subdivision (b) of Section 1204 and shall apply the provisions of the latest edition of the California Building Standards Code in conducting these plan review responsibilities. For these buildings, construction and alteration shall include conversion of a building to a purpose specified in paragraphs (1) and (2) of subdivision (b) of Section 1204.
Upon the initial submission to a city or county by the governing authority or owner of these clinics for plan review and building inspection services, the city or county shall reply in writing to the clinic whether or not the plan review by the city or county will include a certification as to whether or not the clinic project submitted for plan review meets the standards as propounded by the office in the California Building Standards Code.
If the city or county indicates that its review will include this certification it shall do all of the following:
(1)CA Health & Safety Code § 1226(1)  Apply the applicable clinic provisions of the latest edition of the California Building Standards Code.
(2)CA Health & Safety Code § 1226(2)  Certify in writing, to the applicant within 30 days of completion of construction, whether or not these standards have been met.
(d)CA Health & Safety Code § 1226(d)  If upon initial submission, the city or county indicates that its plan review will not include this certification, the governing authority or owner of the clinic shall submit the plans to the Department of Health Care Access and Information, which shall review the plans for certification whether or not the clinic project meets the standards, as propounded by the office in the California Building Standards Code.
(e)CA Health & Safety Code § 1226(e)  When the office performs review for certification, the office shall charge a fee in an amount that does not exceed its actual costs.
(f)CA Health & Safety Code § 1226(f)  The office of the State Fire Marshal shall prescribe minimum safety standards for fire and life safety in surgical clinics.
(g)CA Health & Safety Code § 1226(g)  Notwithstanding subdivision (c), the governing authority or owner of a clinic may request the office to perform plan review services for buildings described in subdivision (c). If the office agrees to perform these services, after consultation with the local building official, the office shall charge an amount not to exceed its actual costs. The construction or alteration of these buildings shall conform to the applicable provisions of the latest edition of the California Building Standards Code for purposes of the plan review by the office pursuant to this subdivision.
(h)CA Health & Safety Code § 1226(h)  Regulations adopted pursuant to this chapter establishing standards for laboratory services shall not be applicable to any clinic that operates a clinical laboratory licensed pursuant to Section 1265 of the Business and Professions Code.

Section § 1226.1

Explanation

Primary care clinics in California have specific health and safety requirements for their employees. First, any employee who will have direct contact with patients must have a health check-up within six months before starting work or within 15 days of starting. This exam includes a medical history and physical assessment, and a written report must confirm the employee can safely perform their job duties.

Employees must be tested for tuberculosis at the time of hiring, using a skin test or another CDC-recommended method. If the test is positive, further evaluation may require a chest X-ray. Follow-up health exams are needed only if medically necessary.

Clinics are responsible for maintaining these health records for at least three years after an employee leaves. Employees showing signs of a contagious disease cannot work until cleared by a doctor's certification. Also, any stricter regulations made before 2004 are not applicable anymore.

(a)CA Health & Safety Code § 1226.1(a) A primary care clinic shall comply with the following requirements regarding health examinations and other public health protections for individuals working in a primary care clinic:
(1)CA Health & Safety Code § 1226.1(a)(1) An employee working in a primary care clinic who has direct contact with patients shall have a health examination within six months prior to employment or within 15 days after employment. Each examination shall include a medical history and physical evaluation. A written examination report, signed by the person performing the examination, shall verify that the employee is able to perform his or her assigned duties.
(2)CA Health & Safety Code § 1226.1(a)(2) At the time of employment, testing for tuberculosis shall consist of a purified protein derivative intermediate strength intradermal skin test or any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA). If a positive reaction is obtained from the skin test, or any other test for tuberculosis infection recommended by the CDC and licensed by the FDA, the employee shall be referred to a physician to determine if a chest X-ray is necessary. Annual examinations shall be performed only when medically indicated.
(3)CA Health & Safety Code § 1226.1(a)(3) The clinic shall maintain a health record for each employee that includes reports of all employment-related health examinations. These records shall be kept for a minimum of three years following termination of employment.
(4)CA Health & Safety Code § 1226.1(a)(4) An employee known to have or exhibiting signs or symptoms of a communicable disease shall not be permitted to work until he or she submits a physician’s certification that the employee is sufficiently free of the communicable disease to return to his or her assigned duties.
(b)CA Health & Safety Code § 1226.1(b) Any regulation adopted before January 1, 2004, that imposes a standard on a primary care clinic that is more stringent than described in this section is void.

Section § 1226.2

Explanation

This section describes the formation of the Community Clinics Advisory Committee, which meets as needed and includes at least 15 people who are full-time employees or contractors for a community clinic. These members can represent either their clinic directly or through a clinic association. Appointment of committee members is done by the three main primary care clinic associations in California that represent the most community or free clinic sites.

The Community Clinics Advisory Committee provided for in subdivision (b) of Section 1226 shall meet on an ad hoc basis and shall be comprised of at least 15 individuals who are employed by, or under contract to provide service to, a community clinic on a full-time basis, either directly or as a representative of a clinic association. Members of the committee shall be appointed by the three statewide primary care clinic associations in California that represent the greatest number of community or free clinic sites.

Section § 1226.3

Explanation

A primary care clinic can prove it meets building safety and adequacy standards by providing a written certification from a licensed architect or a statement from a local building department. This certification shows that any construction or modifications comply with state standards. The form of this certification doesn't have to be specific; any document that meets local building department standards or is certified by an architect will work. The local building department is solely responsible for enforcing compliance with the California Building Standards Code.

A primary care clinic may establish compliance with the minimum construction standards of adequacy and safety for the physical plant described in subdivision (b) of Section 1226 by submitting a written certification, as described in Section 5536.26 of the Business and Professions Code, from a licensed architect or a written statement from a local building department that the applicable construction, remodeling, alteration, or other applicable modification of the physical plant is in compliance with these standards. No particular form of certification or statement shall be required by the department. Any form of statement utilized by a city or county building department, or certification by a licensed architect, indicating that the premises conform to the requirements of the California Building Standards Code, shall be accepted by the department as sufficient proof of compliance. Enforcement of compliance with applicable provisions of the California Building Standards Code, pursuant to subdivision (b) of Section 1226, shall be within the exclusive jurisdiction of the local building department.

Section § 1226.5

Explanation

This law aims to create earthquake safety standards for certain surgical facilities, like clinics and Medicare-certified ambulatory surgical centers, that use general anesthesia. These facilities don't have to stay open during emergencies after an earthquake.

If such facilities install heavy equipment after January 1, 1991, they must hire a licensed architect, structural engineer, or civil engineer to ensure the equipment is securely anchored as per specific regulations.

The facilities must keep a certification from the architect or engineer, proving compliance, accessible for five years for possible inspections.

(a)CA Health & Safety Code § 1226.5(a)  It is the intent of the Legislature to establish seismic safety standards for facilities licensed as surgical clinics pursuant to this chapter, and for facilities certified for participation in the federal Medicare program as ambulatory surgical centers, which accommodate surgical patients under general anesthesia, but are not required to remain open and usable after an earthquake to accommodate emergency patients.
(b)CA Health & Safety Code § 1226.5(b)  A facility described in subdivision (a) which, after January 1, 1991, anchors fixed medical equipment to the floor or roof of the facility with a gross operating weight of more than 400 pounds or anchors fixed medical equipment to the walls or ceiling with a gross operating weight of more than 20 pounds shall retain the services of an architect licensed in California, a structural engineer licensed in California, or a civil engineer registered in California to assure that the equipment is anchored in such a manner to meet the requirements of an occupancy importance factor of 1.00, as set forth in Title 24 of the California Code of Regulations.
(c)CA Health & Safety Code § 1226.5(c)  A facility described in subdivision (a) which retains the services of an architect or engineer for the anchorage of fixed medical equipment shall keep available for inspection by the department for a period of five years following the installation, a current written certification from the architect or engineer that the equipment is mounted in accordance with the applicable requirements.

Section § 1227

Explanation

This law allows authorized state officers or agents to enter and inspect buildings or premises at any time, with or without prior notice, to ensure that rules in this section or related regulations are being followed, or to stop any violations.

Any duly authorized officer, employee, or agent of the state department may upon presentation of proper identification, enter and inspect any building or premises at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this chapter or any regulations adopted pursuant to this chapter.

Section § 1228

Explanation

This law requires that most clinics in California, which have a license or special permit, must be inspected regularly to ensure they provide quality care. Inspections should occur at least once every three years, and more frequently if needed. During inspections, department representatives can give advice and can work with local health departments when necessary.

Local health departments might help with these inspections, and the state will cover their costs. However, certain clinics like rural health clinics, accredited primary care clinics, ambulatory surgical centers, end stage renal disease facilities, and Medicare or Medicaid certified comprehensive outpatient rehabilitation facilities are exempt from these inspections.

Even though some primary care clinics are exempt, the department can still inspect them if needed to ensure quality care.

(a)CA Health & Safety Code § 1228(a)  Except as provided in subdivision (c), every clinic for which a license or special permit has been issued shall be periodically inspected. The frequency of inspections shall depend upon the type and complexity of the clinic or special service to be inspected. Inspections shall be conducted no less often than once every three years and as often as necessary to ensure the quality of care being provided.
(b)Copy CA Health & Safety Code § 1228(b)
(1)Copy CA Health & Safety Code § 1228(b)(1)  During inspections, representatives of the department shall offer any advice and assistance to the clinic as they deem appropriate. The department may contract with local health departments for the assumption of any of the department’s responsibilities under this chapter. In exercising this authority, the local health department shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department.
(2)CA Health & Safety Code § 1228(b)(2)  The department shall reimburse local health departments for services performed pursuant to this section, and these payments shall not exceed actual cost. Reports of each inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the department and filed with the department.
(c)CA Health & Safety Code § 1228(c)  This section shall not apply to any of the following:
(1)CA Health & Safety Code § 1228(c)(1)  A rural health clinic.
(2)CA Health & Safety Code § 1228(c)(2)  A primary care clinic accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the Accreditation Association for Ambulatory Health Care (AAAHC), or any other accrediting organization recognized by the department.
(3)CA Health & Safety Code § 1228(c)(3)  An ambulatory surgical center.
(4)CA Health & Safety Code § 1228(c)(4)  An end stage renal disease facility.
(5)CA Health & Safety Code § 1228(c)(5)  A comprehensive outpatient rehabilitation facility that is certified to participate either in the Medicare program under Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act, or the medicaid program under Title XIX (42 U.S.C. Sec. 1396 et seq.) of the federal Social Security Act, or both.
(d)CA Health & Safety Code § 1228(d)  Notwithstanding paragraph (2) of subdivision (c), the department shall retain the authority to inspect a primary care clinic pursuant to Section 1227, or as necessary to ensure the quality of care being provided.

Section § 1229

Explanation

This law requires the state department to notify clinics about any compliance issues found during inspections. The clinic must then agree on a correction plan with the department, with a specified period to fix these issues. The list of issues and the correction plan must be displayed publicly in the clinic. If the clinic fails to correct the issues in time, it can incur a fine of up to $50 per day until compliance is achieved, and it may also face license suspension or revocation. Clinics unable to correct issues beyond their control can voluntarily give up their license to avoid penalties or further actions.

The state department shall notify any clinic of all deficiencies in its compliance with the provisions of this chapter or the rules and regulations adopted hereunder, which are discovered or confirmed by inspection, and the clinic shall agree with the state department upon a plan of correction which shall give the clinic a reasonable time to correct such deficiencies. During such allotted time, a list of deficiencies and the plan of correction shall be conspicuously posted in a clinic location accessible to public view. If at the end of the allotted time, as provided in the plan of correction, the clinic has failed to correct the deficiencies, the state department shall assess the licensee a civil penalty not to exceed fifty dollars ($50) per day, until the state department finds the clinic in compliance. In such case, the state department may also initiate action against the clinic to revoke or suspend the license. Nothing in this chapter shall be deemed to prohibit a clinic which is unable to correct the deficiencies, as specified in a plan of corrections, for reasons beyond its control from voluntarily surrendering its license pursuant to Section 1245 prior to the assessment of any civil penalty or the initiation of any revocation or suspension proceeding.

Section § 1229.1

Explanation

This law states that a primary care clinic or someone working for it cannot be penalized, fined, or have their license affected for breaking a state agency rule unless that rule was officially adopted following specific government procedures.

No notification of deficiency, civil or criminal penalty, fine, sanction, or denial, suspension, or revocation of licensure, may be imposed against a primary care clinic, or any person acting on behalf of the clinic, for a violation of a regulation, as defined in Section 11342.600 of the Government Code, including every rule, regulation, order, or standard of general application, or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by a state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, unless the regulation has been adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 1230

Explanation

This law section states that after an inspection of a clinic, the resulting report, including any corrections planned and comments from the clinic, must be filed with the state department. These documents, including any deficiencies and how the clinic plans to correct them, are public records that anyone can access. The report might also suggest that another inspection be conducted in the future.

Reports on the results of each inspection shall be kept on file in the state department along with the plan of correction and clinic comments. The inspection report may include a recommendation for reinspection. All inspection reports, lists of deficiencies, and plans of correction shall be public records open to public inspection.

Section § 1231

Explanation

This law states that clinics must follow licensing rules but can use different methods or run pilot projects if they get prior written approval from the department. Clinics need to submit a detailed request with evidence to justify their request, and the department has 60 days to approve or deny it. If approved, the department will specify the conditions for the exception. If denied, the department will explain why.

Clinics can show a lack of certain health professionals as proof for needing an exception, particularly if they're in a medically underserved area or serving a population with limited access to healthcare.

If a clinic is found violating the terms of its waiver, the department will revoke that waiver immediately.

(a)CA Health & Safety Code § 1231(a)  All clinics shall maintain compliance with the licensing requirements. These requirements shall not, however, prohibit the use of alternate concepts, methods, procedures, techniques, space, equipment, personnel qualifications, or the conducting of pilot projects, provided these exceptions are carried out with provision for safe and adequate patient care and with prior written approval of the department. A written request and substantiating evidence supporting the request shall be submitted by the applicant or licensee to the state department. Where a licensee submits a single program flexibility request and substantiating evidence on behalf of more than one similarly situated primary care clinic, the department may approve the program flexibility request as to each of the primary care clinics identified in the request. The department shall approve or deny any request within 60 days of submission. This approval shall be in writing and shall provide for the terms and conditions under which the exception is granted. A denial shall be in writing and shall specify the basis therefor.
(b)CA Health & Safety Code § 1231(b)  Substantiating evidence of a shortage of a specific health care professional that is submitted in support of a request for utilization of alternatives to personnel requirements contained in regulations adopted under this chapter may include documentation that the clinic is located in a geographic area that is either deemed under federal law, or designated by the Office of Statewide Health Planning and Development, as a medically underserved area, a health professional shortage area, or as serving, in whole or in part, a medically underserved population.
(c)CA Health & Safety Code § 1231(c)  If after investigation the department determines that a clinic granted a waiver pursuant to this section is operating in a manner contrary to the terms or conditions of the waiver, the director shall immediately revoke the waiver as to that clinic site.

Section § 1231.5

Explanation

This law allows the department to grant exemptions to PACE programs from certain regulations, as long as they follow specific guidelines. However, this provision will no longer be effective once a particular condition concerning another section becomes active, and it will be repealed the next January 1 following that change.

(a)CA Health & Safety Code § 1231.5(a) The department may grant to a PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code, exemptions from the provisions contained in this chapter in accordance with the requirements of Section 100315.
(b)CA Health & Safety Code § 1231.5(b) This section shall become inoperative if, and on the date that, subdivision (q) of Section 1206 becomes operative, and, as of January 1 immediately following that date, this section is repealed.

Section § 1232

Explanation

This section states that clinics performing sterilization for birth control can't impose special nonmedical requirements like age or marital status on patients that aren't required for other types of surgeries. It permits medical requirements based on the individual's health and allows doctors to advise on sterilization suitability. It doesn't change laws for minors.

No clinic which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such clinic, shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications, which are not imposed on individuals seeking other types of operations in the clinic. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children.
Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority.

Section § 1233

Explanation

This law allows a surgical clinic to limit its facility access to its own medical staff and any other doctors that the staff approves to practice there.

A surgical clinic may restrict use of its facilities to members of the medical staff of the surgical clinic and other physicians and surgeons approved by the medical staff to practice at the clinic.

Section § 1233.5

Explanation

This law requires licensed clinic boards and their medical directors to create and implement policies to screen for spousal or partner abuse by June 30, 1995. These policies must include procedures for identifying signs of abuse as part of medical screening, documenting related injuries or illnesses in medical records, and providing patients who show signs of abuse with referral lists for community support services like hotlines and shelters.

Additionally, clinics must assign licensed clinical staff to ensure these guidelines are followed. The law encourages clinics to use the American Medical Association's guidelines on domestic violence as a reference model when developing their policies.

By June 30, 1995, a licensed clinic board of directors and its medical director shall establish and adopt written policies and procedures to screen patients for purposes of detecting spousal or partner abuse. The policies shall include procedures to accomplish all of the following:
(a)CA Health & Safety Code § 1233.5(a) Identifying, as part of its medical screening, spousal or partner abuse among patients.
(b)CA Health & Safety Code § 1233.5(b) Documenting in the medical record patient injuries or illnesses attributable to spousal or partner abuse.
(c)CA Health & Safety Code § 1233.5(c) Providing to patients who exhibit signs of spousal or partner abuse a current referral list of private and public community agencies that provide, or arrange for, the evaluation, counseling, and care of persons experiencing spousal or partner abuse, including, but not limited to, hot lines, local domestic violence shelter-based programs, legal services, and information about temporary restraining orders.
(d)CA Health & Safety Code § 1233.5(d) Designating licensed clinical staff to be responsible for the implementation of these guidelines.
It is the intent of the Legislature that clinics, for purposes of satisfying the requirements of this section, adopt guidelines similar to those developed by the American Medical Association regarding domestic violence detection and referral. The Legislature recognizes that while guidelines evolve and change, the American Medical Association’s guidelines may serve, at this time, as a model for clinics to follow.

Section § 1234

Explanation

This law states that smoking tobacco is not allowed in patient areas of a clinic, unless those areas are specifically designated for smokers. Signs must be posted in clinics to show where smoking is banned or permitted. If there are areas where smoking is allowed, signs must also be posted at all major entrances indicating smoking is restricted to these areas.

This rule does not apply to skilled nursing facilities or intermediate care facilities. The definitions of 'smoking' and 'tobacco product' align with specific sections of the Business and Professions Code.

(a)CA Health & Safety Code § 1234(a) Smoking a tobacco product shall not be permitted in patient areas of a clinic except those rooms designated for occupancy exclusively by smokers.
(b)CA Health & Safety Code § 1234(b) Clearly legible signs shall either:
(1)CA Health & Safety Code § 1234(b)(1) State that smoking is unlawful and be conspicuously posted by, or on behalf of, the owner or manager of such clinic, in all areas of a clinic where smoking is unlawful.
(2)CA Health & Safety Code § 1234(b)(2) Identify “smoking permitted” areas, and be posted by, or on behalf of, the owner or manager of such clinic, only in areas of a clinic where smoking is lawfully permitted.
If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.”
(c)CA Health & Safety Code § 1234(c) This section shall not apply to skilled nursing facilities, intermediate care facilities, and intermediate care facilities for the developmentally disabled.
(d)CA Health & Safety Code § 1234(d) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(e)CA Health & Safety Code § 1234(e) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.