Cal. Code Regs. Tit. 22, § 20100.5 - General Provisions

The Political Reform Act, Government Code Sections 81000, et seq seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 California Code of Regulations, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix A, in which officials and employees are designated, and Appendix B, in which disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Department of Public Health.

The Director and copies of statements for appointed members of multi-member boards and commissions must file their statements of economic interests electronically with the Fair Political Practices Commission. All other individuals holding designated positions must file their statements with the Department. All statements must be made available for public inspection and reproduction under Government Code Section 81008.

DEPARTMENT OF PUBLIC HEALTH

CONFLICT OF INTEREST CODE, FORM 700 DESIGNATION

APPENDIX A

I. Office/Class Designation

New CDPH
DISCLOSURE
OFFICE/CLASS TITLE CATEGORY
Executive Level
Director 1
Chief Deputy Directors 1
C.E.A. 3, 5, 7
Assistant Directors 1
Chief Counsel 2, 4, 6
Deputy Directors 3, 5, 7
Assistant Deputy Directors 3, 5, 7
Chiefs (Acting, Division, Branch, Engineer) 3, 5, 7
Assistant Chiefs 3, 5, 7
Accounting Administrators I (Supervisor) 2, 4, 6
Accounting Administrators II & III 2, 4, 6
Attorney, All Classifications 2, 4, 6
Assistant Chief Counsels (CEA and Civil Service) 2, 4, 6
Associate Accounting Analyst 2, 4, 6
Associate Administrative Analyst - Accounting Sys 2, 4, 6
Associate Budget Analyst 2, 4, 6
Associate Business Management Analyst 2, 4, 6
Associate Governmental Program Analyst [1/2]:
only those who are regularly assigned tasks
(above a clerical level) involving the development,
review, or award of bids/contracts 3
Associate Governmental Program Analyst [2/3]:
only those working in the Professional Certification Branch,
Systems Technology & Research Branch, Staffing Audits &
Research Branch, Licensing and Certification Program 3, 5, 7
Associate Management Auditor 2, 4, 6
Cytotechnologist 3, 5, 7
Environmental Scientist 7
Examiner I/II/III Lab Field Services 3, 5, 7
Food & Drug Program Specialist 7
Food & Drug Regional Administrator 7
Fraud Prevention Specialist 3, 5, 7
Health Education Consultant II 3, 5, 7
Health Education Consultant III/Specialist 3, 5, 7
Health Education Consultant III/Supervisor 3, 5, 7
Health Facilities Evaluator I/II 7
Health Facilities Evaluator II/Supervisor 7
Health Facilities Evaluator Manager I/II 7
Health Facilities Evaluator Nurse 7
Health Facilities Evaluator Specialist 7
Health Program Audit Manager II 2, 4, 6
Health Program Auditor III/IV 2, 4, 6
Health Program Manager I, II, III:
only those who are regularly assigned tasks
(above a clerical level) involving the development,
review, or award of bids/contracts/grants. 3
Health Program Specialist I and II:
only those who are regularly assigned tasks
(above a clerical level) involving the development,
review, or award of bids/contracts/grants. 3
Information Security Officer 2, 4, 6
Information Technology Manager I, II 3, 5, 7, 8
Information Technology Supervisor II 3, 5, 7, 8
Information Technology Supervisor I:
only those who work in the Domains of
Business Technology Management and/or
Information Technology Project Management. 3, 5, 7, 8
Information Technology Specialist I, II, III:
only those who work in the Domains of
Business Technology Management and/or
Information Technology Project Management. 8
Investigator, All Ranges 7
Medical Consultant I/II 3, 5, 7
Medical Record Consultant 3, 5, 7
Nurse Consultant II 3, 5, 7
Nurse Consultant III/Specialist 3, 5, 7
Nurse Consultant III/Supervisor 3, 5, 7
Occupational Therapy Consultant 3, 5, 7
Office Building Manager I/III 3, 5, 7
Pharmaceutical Consultant II 3, 5, 7
Pharmaceutical Program Consultant 3, 5, 7
Privacy Officer 2, 4, 6
Public Health Medical Officer II/III 3, 5, 7
Public Health Nutrition Consultant II 3, 5, 7
Public Health Nutrition Consultant III (Specialist) 3, 5, 7
Public Health Nutrition Consultant III (Supervisory) 3, 5, 7
Senior Accounting Officer Supervisor 2, 4, 6
Senior Environmental Scientist, Specialist, Supervisory 7
Senior Food & Drug Investigator 7
Senior Health Physicist 7
Special Investigator 7
Staff Services Analyst [1/2]:
only those who are regularly assigned tasks
(above a clerical level) involving the development,
review, or award of bids/contracts 3
Staff Services Analyst [2/2]:
only those working in the Professional
Certification Branch, Systems Technology &
Research Branch, Staffing Audits & Research
Branch, Licensing and Certification Program, and
Budgets Section. 3, 5, 7
Staff Services Management Auditor 2, 4, 6
Staff Services Manager (all series):
only those who are regularly assigned tasks
(above a clerical level) involving the development,
review, or award of bids/contracts 3
Staff Toxicologist Specialist 3, 5, 7
Stationary Engineer 3
Supervising Attorney 2, 4, 6
Supervising Food & Drug Investigator 7
Supervising Health Physicist 7
II. Other Disclosure Requirements
A. Contractor Employees: individuals who serve in a staff capacity for the department, and who perform the same, or substantially all the same, duties that would otherwise be performed by a departmental employee/officer holding a position designated above, shall file at the same level of disclosure shown for that departmental classification/office.
B. Contractor/Consultant and/or New Positions: shall disclose under Category 1 of this code, subject to the following limitation:

The Director may determine that a particular consultant and/or new position, although a "designated position," is hired to perform a range of duties that are limited in scope, and thus not required to disclose under Category 1 of this code. Such determination shall be made in writing, and shall include a description of the consultant's duties, and a statement of the extent of disclosure requirements. The Director's determination is a public record and shall be retained for public inspection.

III. Advisory Committees

New CDPH
DISCLOSURE
NAME CATEGORY
Advisory Committees
AIDS Drug Assistance Program Medical Advisory Committee
(ADAP-MAC) 20
California Cannery Inspection Board 9
California Conference of Local Health Officers 10
Clinical Laboratory Technology Advisory Committee 11
Environmental Health Specialist Registration Committee 12
Forensic Alcohol Review Committee 13
Human Stem Cell Research Advisory Committee 14
Joint Advisory Committee 15
Office of Health Equity Advisory Committee 21
Radiologic Technology Certification Committee 16
Tobacco Education & Research Oversight Committee 17
Vital Records Protection Advisory Committee 18
Vital Statistics Advisory Committee 19

DEPARTMENT OF PUBLIC HEALTH

CONFLICT OF INTEREST CODE, FORM 700 DESIGNATION

APPENDIX B - DISCLOSURE CATEGORIES

Category 1

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments).

Category 2

Investments and business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) - from sources that provide leased facilities, goods, equipment, vehicles, machinery, or services, including but not limited to training, administrative, billing, or public relations (i.e. advertising agencies), of the type utilized by the department.

Category 3

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) = from sources that provide leased facilities, goods, equipment, vehicles, machinery, or services, including but not limited to training, administrative, billing, or public relations, of the type utilized by the employee's office/section; if there is no section, then the reporting scope is the employee's branch, and if there is no branch, the reporting scope is the employee's division.

Category 4

Investments and business positions in business entities, and all sources of income (including nonprofit organizations), receipt of loans, gifts, and travel payments - from sources of the type that receive grants or funding from or through the department.

Category 5

Investments and business positions in business entities, and all sources of income (including nonprofit organizations), receipt of loans, gifts, and travel payments - from sources of the type that receive grants or funding from or through the employee's office/section; if there is no section, then the reporting scope is the employee's branch, and if there is no branch, the reporting scope is the employee's division.

Category 6

Investments and business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) - from sources that are regulated, subject to testing, certification, research, audit, investigation, or license, by the department; and from sources that provide health care services, including but not limited to entities that manufacture, sell or distribute medical equipment and supplies, health care facilities (e.g. hospitals, medical clinics, nursing homes), providers (e.g. laboratories, pharmacies, ambulance companies) and practitioners (e.g. doctors, nurses).

Category 7

Investments and business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) - from sources that are regulated, subject to testing, certification, research, audit, investigation, or license, by the employee's office/section; if there is no section, then the reporting scope is the employee's branch, and if there is no branch, the reporting scope is the employee's division.

Category 8

Investments and business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) - from sources of the type that engage in the information technology field, including but not limited to, training and consulting.

Category 9 - California Cannery Inspection Board

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from California canning operations or sources that provide equipment, products or services related specifically to cannery operations.

Category 10 - California Conference of Local Health Officers (CCLHO)

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from sources that are subject to the regulatory authority of the Department of Public Health, e.g. registration, certification, permit, or licensing.

Category 11 - Clinical Laboratory Technology Advisory Committee

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from clinical laboratories and sources that manufacture, sell or provide goods, equipment, or services relating specifically to the operations of clinical laboratories.

Category 12 - Environmental Health Specialist Registration Committee

Investments and business positions in, and any income, including gifts, loans and travel payments from, a business entity, professional association or individual where the business entity, professional association or individual's profession is regulated by or offers programs or courses qualifying for licensing or continuing education credit by the Environmental Health Specialist Registration Committee.

Category 13 - Forensic Alcohol Review Committee

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from operations that perform forensic alcohol testing or manufacture, sell or provide goods, equipment, or services relating specifically to such alcohol testing.

Category 14 - Human Stem Cell Research Advisory Committee (HSRAC)

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from operations that fund and provide stem cell, regenerative medicine and nuclear reprogramming research and services, including but not limited to, the California Institute for Regenerative Medicine, other governmental or privately owned hospitals and institutes, fertility medical clinics, laboratories, pharmacies, and individuals.

Category 15 - Joint Advisory Committee (JAC)

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from any health care facility doing business in California, or any sources that sell equipment, supplies, or services directly related to emergency preparedness activities in California.

Category 16 - Radiologic Technology Certification Committee (RTCC)

Investments, business positions in business entities and income, including gifts, loans and travel payments, from the following sources: radiologic technology schools, or any sources that market equipment, supplies, or services directly related to taking diagnostic X-rays or using X-rays for purposes of treatment.

Category 17 - Tobacco Education & Research Oversight Committee (TEROC)

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from sources that produce, manufacture, sell or provide goods, equipment, or services, (including public relations services), for tobacco products, nicotine replacement and smoking cessation.

Category 18 - Vital Records Protection Advisory Committee

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from Sources that sell equipment, supplies, and services specifically relating to record imaging and retrieval systems, or sources engaged in the business of selling or otherwise disseminating birth, death, or marriage records.

Category 19 - Vital Statistics Advisory Committee

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from Sources conducting human subject trials.

Category 20 - AIDS Drug Assistance Program Medical Advisory Committee (ADAP-MAC)

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments) from pharmaceutical companies and retail drug stores.

Category 21 - Office of Health Equity Advisory Committee

Investments, business positions in business entities, and all sources of income (including receipt of loans, gifts, and travel payments).

Notes

Cal. Code Regs. Tit. 22, § 20100.5

Note: Authority cited: Sections 87300 and 87311, Government Code. Reference: Sections 87300, et seq., Government Code.

1. New chapter 2.05 (section 20100.5), section and appendices A and B filed 7-21-2014; operative 8/20/2014. Approved by Fair Political Practices Commission 6-11-2014 (Register 2014, No. 30).
2. Amendment of Appendices A and B filed 3-16-2017; operative 4/15/2017 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by the Fair Political Practices Commission 1-17-2017 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2017, No. 11).
3. Amendment of section and Appendix A filed 12-4-2018; operative 1/3/2019 pursuant to Cal. Code Regs., tit. 2, section 18750(d). Approved by Fair Political Practices Commission 11-2-2018 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(d) (Register 2018, No. 49).

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