SECTIONS 550-558 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 550-558

550. 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.

551. 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.

552. 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.

553. 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.

554. 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.

555. 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.

556. 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.

557. 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.

558. 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.