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HomeHealth and Safety CodeDiv. 101Pt. 1Ch. 2Art. 3§ 100275 Health Facility Regulations Authority

§ 100275 Health Facility Regulations Authority

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 100275 Health Facility Regulations Authority

This law lets the health department keep old health rules that were in place before July 1, 1978 and lets it make new rules, unless those old rules are changed or moved to another agency.

Key Takeaways

  • •The department can create and enforce its own regulations.
  • •Any health‑related rules that existed before July 1, 1978 keep working until the director changes them.
  • •Rules that have been moved to a different state agency are not covered by this provision.

Example

A nursing home follows a sanitation rule that was written in 1976. The rule is still valid today because the law says old health rules stay in effect until the department updates them.

Because the rule was adopted before July 1, 1978 and is about health facility licensing (but not community‑care facilities), it stays on the books and the department can enforce it unless the director rewrites or cancels it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 100275 Health Facility Regulations Authority

(a)  The department may adopt and enforce regulations for the execution of its duties. (b)  All regulations heretofore adopted by the department or its predecessors relating to public health, the licensing and certification of health facilities, except the licensing of community care facilities, or any other function performed by the Division of Public Health of the department, and in effect immediately preceding July 1, 1978, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the director or as otherwise provided by Section 25 or other provisions of law. This subdivision shall not apply to any regulation relating to a function transferred to a different state agency or department as a result of another provision of the statutes enacted during the 1977–78 Regular Session. (Added by Stats. 1995, Ch. 415, Sec. 3. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

regulationspublic healthlicensing and certification of health facilitiesJuly 1, 1978

Related Statutes

  • § 100290 Local Health Regulation Review
  • § 101025 County Public Health Authority
  • § 116135 Rodent Extermination Funding
  • § 127375 Health Care Rulemaking Authority
  • § 1276 Health Facility Safety Standards

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 100275.
View Official Source