SECTIONS 14500-14512 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 14500-14512

14500. An Office of Family Planning shall be established within the
State Department of Health Services. The Office of Family Planning
shall be under the control of an executive officer who shall be known
as the Coordinator of the Office of Family Planning. The coordinator
shall be appointed by the State Director of Health Services and
shall be an individual with training and experience in family
planning.

14500.5. (a) It is the intent of the Legislature that family
planning includes, but is not limited to, an effective means to
improve reproductive health by disease prevention and treatment, to
reduce the incidence of unintended pregnancies, and to reduce the
demand for abortions. It is the intent of the Legislature that no
family planning shall be expended other than for the services
enumerated in this chapter. It is also the intent of the Legislature
that no funds received pursuant to this chapter be used for abortions
or services ancillary to abortions.
(b) For purposes of this chapter, the following definitions shall
apply:
(1) "Family planning" means the process of establishing objectives
for the number and spacing of children, and selecting the means by
which those objectives may be achieved. These means include a broad
range of acceptable and effective methods and services to limit or
enhance fertility, including contraceptive methods, natural family
planning, abstinence methods, and the management of infertility.
Family planning services include preconceptional counseling, maternal
and fetal health counseling, and general reproductive health care,
including diagnosis and treatment of infections and conditions,
including cancer, that threaten reproductive capability, and other
services as described in Section 14503, except for abortions and
services ancillary to abortions as prohibited in Section 14509.
Family planning does not include abortion, pregnancy testing solely
for the purposes of referral for abortion or services ancillary to
abortions, or pregnancy care which is not incident to the diagnosis
of a pregnancy, except as otherwise provided for in this chapter.
(2) "Abortion as a method of family planning" means the deliberate
choice of abortion over other methods to limit the number, gender,
and spacing of children, including, but not limited to,
contraception, abstinence, and natural family planning methods.
(3) "Department" means the State Department of Health Services.
(4) "Director" means the Director of Health Services.
(5) "Grantee" means an agency, institution, or organization
approved by the department to provide family planning services
pursuant to this chapter.

14501. The Office of Family Planning has all of the following
functions, powers, and duties:
(a) To make available to citizens of the state of childbearing age
comprehensive medical knowledge, assistance, and services relating
to the planning of families.
(b) To consult with state and local agencies that provide or
administer family planning services and to participate in the
formulation of regulations and other policy decisions governing the
provision or administration of family planning services pursuant to
state law or regulation.
(c) To establish goals and priorities for all state agencies
providing or administering family planning services.
(d) To coordinate all family planning services and related
programs conducted or administered by state agencies with the federal
government so as to maximize the availability of these services by
utilizing all available federal funds.
(e) To conduct a survey of all of the existing facilities within
the state having to do with family planning and infertility and the
rendering of advice and assistance on birth control techniques and
information.
(f) To evaluate all existing programs and to establish in each
county a viable program for the dispensation of family planning,
infertility, and birth control information and techniques.
(g) To develop and administer scientific investigation into
problems of infertility and existing and new family planning and
birth control techniques.
(h) To survey, evaluate, and establish programs of professional
education and training for physicians, nurses, medical and nursing
students, and other health care practitioners in rendering advice on
family planning, infertility, and birth control techniques and
information.
(i) To enter into agreements with, and award grants to,
individuals, colleges, universities, associations, corporations,
municipalities, and other units of government as may be deemed
necessary and advisable to carry out the general intent and purposes
of this article, which may provide for payment by the state within
the limit of funds available for material, equipment, and services.
(j) To submit a biennial report to the Legislature including, but
not limited to, the subjects specified above.
(k) To annually update and analyze family planning data. The data
shall include, but not be limited to, the following:
(1) Client number.
(2) Ethnicity.
(3) Family size.
(4) Method.
(5) Family income.
(6) Service type.
(7) Birthdate.
(8) Total billing amount.
(9) Pay source.
(10) Date of visit.
(11) Site number.
(12) County of residence.
(13) Updated estimates of women in need of subsidized family
planning services from the federal government, when available, for
all Office of Family Planning clinical service grantees by county of
service, as well as statewide totals.

14501.5. The Office of Family Planning shall develop and implement
a sliding fee schedule for family planning services provided to
individuals under this chapter. The fee schedule shall be based on
family size and income.

14502. The Office of Family Planning may, to the extent funds are
available, and not more frequently than once each year, advance up to
25 percent of the yearly allocation to an individual or entity to
which it has awarded a grant, pursuant to subdivision (i) of Section
14501, to provide material, equipment, and services.

14503. (a) Family planning services shall be offered to all former,
current, or potential recipients of childbearing age (as provided by
Public Law 92-603) and provided to all eligible individuals who
voluntarily request the services. The services shall be offered and
provided without regard to marital status, age, or parenthood.
Notwithstanding any other provisions of law, the furnishing of these
family planning services shall not require the consent of anyone
other than the person who is to receive them. Within the meaning of
this section, the term "former, current, or potential recipient"
means all persons eligible for Medi-Cal benefits under Chapter 7
(commencing with Section 14000) and all persons eligible for public
social services for which federal reimbursement is available under
the federal Social Security Act (42 U.S.C. Sec. 301 et seq.), except
that the term "potential recipients" includes all persons in a family
where current social, economic, and health conditions of the family
indicate that the family would likely become a recipient of financial
assistance within the next five years.
(b) Family planning services shall include, but not be limited to:
(1) Medical treatment and procedures defined as family planning
services under the published Medi-Cal scope of benefits.
(2) Medical contraceptive services such as diagnosis, treatment,
supplies, and followup.
(3) Informational and educational services.
(4) Facilitating services such as transportation and child care
services needed to attend clinic or other appointments.
(5) Screening for chlamydia.
(c) To the extent the services under this section are not
available under the Medi-Cal program, they shall be provided by a
grantee pursuant to a grant awarded by the Office of Family Planning.
These grants shall include to the maximum extent possible,
cooperative funding and other financial arrangements that permit
maximum use of available federal funds. All grants awarded by the
Office of Family Planning shall be exempt from Division 2 (commencing
with Section 1100) of the Public Contract Code. Information and
referral services only shall be available to all other families and
children.
(d) As the single state agency responsible for the state plan
under Title XX of the federal Social Security Act (42 U.S.C. Sec.
1397 et seq.), the State Department of Social Services may provide
family planning services pursuant to a purchase of services agreement
with the department from funds appropriated for those services. The
agreement shall authorize the Office of Family Planning to implement
a sliding fee schedule for family planning services provided to
clients pursuant to Title XX of the federal Social Security Act in
accordance with Section 14501.5.

14503.5. (a) As used in this section:
(1) "AIDS" means acquired immune deficiency syndrome.
(2) "Human immunodeficiency virus" or "HIV" means the etiologic
virus of AIDS.
(3) "HIV test" means "HIV test" as defined in Section 120775 of
the Health and Safety Code.
(b) The purpose of this article is to ensure that state-funded
family planning programs offer AIDS information and referral services
to their client population.
(c) It is the intent of the Legislature that family planning
clients learn how to prevent the transmission of HIV, and that they
take steps to prevent its transmission.
(d) For purposes of this section, "clients" shall include, but
shall not be limited to, all of the following:
(1) New clients to a family planning program.
(2) Clients making annual visits to a family planning program.
(3) Clients seeking pregnancy testing or family planning services.
(4) Clients seeking diagnosis and treatment for sexually
transmitted diseases.
(e) Any family planning program that has a grant from the Office
of Family Planning to provide family planning services shall do all
of the following:
(1) Provide brochures or other written materials to family
planning clients that describe the high-risk conditions and behaviors
for becoming infected with HIV and ways to prevent the transmission
of HIV infection. To the maximum extent possible, the brochure or
other written materials provided by any family planning program shall
be culturally relevant and appropriate to the client populations
served by the programs.
(2) Provide, as needed, family planning clients with information
about and referrals to local confidential or anonymous testing and
counseling sites, AIDS education programs, and other supportive
services.
(f) Brochures and information required pursuant to subdivision (e)
may be incorporated into existing information and health education
programs provided by a family planning program.
(g) The department shall make every effort to obtain brochures and
other written materials from existing resources. Local family
planning programs are encouraged to supplement the brochures with
other available resources, to the extent that they deem necessary and
appropriate.

14504. (a) The Male Involvement Program shall be a continuing
program within the Office of Family Planning with the goal of
reducing teenage pregnancy through promoting primary prevention
skills and motivation in adolescent boys and young men. In order to
accomplish this goal, the program shall assist local programs to do
all of the following:
(1) Increase community and individual awareness regarding the
importance of the roles and responsibilities of adolescent boys and
young men in the reduction of teenage pregnancies.
(2) Reinforce community values that support these roles and
responsibilities.
(3) Increase knowledge, skills, and motivation of at-risk
adolescent boys and young adult men in order to actively promote
their role in reducing teenage pregnancies.
(b) Grants shall be made available to qualifying public or private
nonprofit providers for implementation of the Male Involvement
Program.
(c) This section shall be implemented to the extent funding is
made available through the federal government, or in the annual
Budget Act or another state statute, or any combination of any
sources of funding.

14504.1. (a) The Community Challenge Grants Program shall be a
continuing program within the Office of Family Planning with the goal
of reducing the number of teenage pregnancies and teenage single
parents, and promoting responsible parenting and the involvement of
the biological father in economic, social, and emotional support of
his children.
(b) The program may target the following specific population
groups:
(1) Presexually active adolescents.
(2) Sexually active adolescents.
(3) Pregnant and parenting teens.
(4) Parents and families.
(5) Adults at risk for unwed motherhood or absentee fatherhood.
(c) School-based programs that include sexuality education shall
comply with the requirements of Section 51553 of the Education Code
relative to the content of sex education courses, Section 51201.5 of
the Education Code, which governs HIV/AIDS prevention, and Section
220 of the Education Code, which prohibits discrimination in schools
based on sexual orientation.
(d) Grants shall be made available to qualifying community-based
nonprofit organizations and priority shall be given to those
organizations with community-based partnerships that have developed
effective local prevention programs.
(e) This section shall be implemented to the extent funding is
made available through the federal government, or in the annual
Budget Act or another state statute, or any combination of any
sources of funding.

14504.2. (a) The TeenSMART Program shall be a continuing program
within the Office of Family Planning with the goal of reducing
teenage pregnancies and reducing the incidence of sexually
transmitted infections among sexually active teens through enhanced
reproductive health care counseling, pregnancy prevention education,
and sexually transmitted infection risk reduction efforts for
adolescents accessing Family PACT TeenSMART clinics.
(b) The services to be provided through TeenSMART shall include
counseling services and outreach in local communities to assist teens
who are at high risk of pregnancy to access clinical family planning
services. Outreach activities may include, but are not limited to,
establishing referral networks, providing information about clinic
services to teens in either formal group presentations or small group
education and counseling sessions, and one-on-one education and
counseling sessions.
(c) Grants shall be made available to qualified public or private
nonprofit providers for implementation of the TeenSMART Program.
(d) This section shall be implemented to the extent funding is
made available through the federal government, or in the annual
Budget Act or another state statute, or any combination of any
sources of funding.

14504.3. (a) The Information and Education Program shall be a
continuing program within the Office of Family Planning with the goal
of decreasing teenage pregnancies through educational programs that
equip teens at high risk for pregnancy with the knowledge,
understanding, and behavioral skills necessary to make responsible
decisions regarding at-risk behavior.
(b) (1) The program shall target youths in a variety of settings,
including, but not limited to, schools, juvenile justice facilities,
community-based settings, social services and youth agencies, and
foster care programs.
(2) The program shall also focus on parents of high-risk youths
and other adults responsible for serving youths at risk in an effort
to assist them with effective tools for counseling at-risk youth
regarding responsible behavior.
(c) Priority for funding under this program shall be given to the
following:
(1) Programs that will increase youths' knowledge and ability to
deal responsibly with their own sexuality and the social pressures
affecting them.
(2) Programs that will enhance the ability of parents and other
parenting adults to fulfill their roles as the primary sex educators
of their children.
(d) Grants shall be made available to qualified public or private
nonprofit providers for implementation of the Information and
Education Program.
(e) This section shall be implemented to the extent funding is
made available through the federal government, or in the annual
Budget Act or another state statute, or any combination of any
sources of funding.

14505. The State Department of Health Services succeeds to and is
vested with the duties, purposes, responsibilities, and jurisdiction
heretofore exercised by the Department of Benefit Payments with
respect to the processing, audit, and payment of claims for family
planning services under this part to the extent they are performed
pursuant to the state plan under Title XIX of the federal Social
Security Act (Medi-Cal). The State Department of Social Services
succeeds to and is vested with the duties, purposes,
responsibilities, and jurisdiction heretofore exercised by the
Department of Benefit Payments with respect to the processing, audit,
and payment of claims for family planning services under this part
to the extent they are performed pursuant to the state plan under
Title XX of the federal Social Security Act. Moneys, funds, and
appropriations available to the Department of Benefit Payments for
the purposes of this section shall be made available to the State
Department of Health Services and to the State Department of Social
Services by the Director of Benefit Payments for the purposes of this
section after such moneys, funds, and appropriations have been
appropriated to or received by the Department of Benefit Payments.

14506. The State Department of Health Services shall have the
possession and control of all records, papers, equipment, and
supplies held for the benefit or use of the Director of Benefit
Payments in the performance of his duties, powers, purposes,
responsibilities, and jurisdiction that are vested in the State
Department of Health Services by Section 14505. The State Department
of Social Services shall have possession and control of all records,
papers, equipment, and supplies held for the benefit or use of the
Director of Benefit Payments in the performance of his duties,
powers, purposes, responsibilities, and jurisdiction that are vested
in the State Department of Social Services by Section 14505.

14507. All officers and employees of the Director of Benefit
Payments who on the operative date of this section are serving in the
state civil service, other than as temporary employees, and engaged
in the performance of a function vested in the State Department of
Health Services by Section 14505 shall be transferred to the State
Department of Health Services. The status, positions, and rights of
such persons shall not be affected by the transfer and shall be
retained by them as officers and employees of the State Department of
Health Services pursuant to the State Civil Service Act, except as
to positions exempt from civil service.

14508. It is the intent of the Legislature that all persons
eligible for family planning services under Title IV-A of the Social
Security Act and Title X of the U.S. Public Health Service Act on
January 1, 1974, shall continue to be provided services
notwithstanding changes in federal regulations.

14509. (a) The department shall award grants to persons to provide
family planning services pursuant to this chapter.
(b) No funds received pursuant to grants awarded by the department
pursuant to this chapter shall be used to perform abortions.
(c) No funds received pursuant to grants awarded by the department
pursuant to this chapter shall be used to fund services ancillary to
abortions, including, but not limited to, postabortion examinations.
Nothing in this chapter shall be construed to limit the provision of
pregnancy testing and counseling as required by the Office of Family
Planning on the effective date of this section.
(d) Any person awarded a grant by the department pursuant to this
chapter shall agree that during the term of the grant it will not be
a group, clinic, or organization that, with funds provided pursuant
to this chapter, advertises, advocates, or promotes abortion as a
method of family planning, or that receives any fee or other
consideration as payment for referrals for abortion services. Any
person awarded a grant by the department pursuant to this chapter
shall agree to the termination of the grant and to return all
unexpended funds to the department that have been received from the
department pursuant to that grant if the department finds that the
grantee has violated this section.

14509.1. (a) A grantee shall maintain records and accounts,
including property, personnel, and financial records, in a form,
format, and content that ensures a proper accounting for all family
planning funds received pursuant to this chapter. These records shall
be made available for examination during normal business hours, and
shall be retained at a location determined by the director for four
years after the expiration of the grant, with the exception of
patient medical records, which shall be retained for at least seven
years. Records for nonexpendable personal property shall be retained
for three years after final disposition.
(b) A grantee shall arrange for an independent audit of the family
planning program. The audit shall be done in accordance with
department directives and with generally accepted accounting
principles for nonprofit corporations and governmental entities.

14510. (a) The department shall include provisions in grants with
all grantees that explicitly describe the requirements and
restrictions of this chapter.
(b) The department shall establish a copayment system for services
provided pursuant to this chapter. No person whose documented family
income is at or below 100 percent of the federal poverty level shall
be subject to copayments.
(c) The department shall require a grantee to obtain the signature
of clients receiving services pursuant to this chapter on a document
that, under penalty of perjury, acknowledges that the client meets
and complies with the income eligibility requirements of this
chapter.

14511. Notwithstanding any other provision of law, on and after the
effective date of any repeal of Division 24 (commencing with Section
24000) of the Welfare and Institutions Code, the general statewide
program for the provision of comprehensive clinical family planning
services as referenced in this chapter shall be deemed to be
operative in all respects, and the State Department of Health
Services shall administer the program accordingly. It is the intent
of the Legislature that appropriate funding be made available at that
time for the general statewide program for the provision of
comprehensive clinical family planning services as set forth in this
chapter through the annual budget process.

14512. It is the intent of the Legislature that all grants for the
provision of direct services entered into by the Office of Family
Planning under this chapter shall be competitively awarded.