EDUCATION CODE
SECTION 51890-51891



51890. (a) For the purposes of this chapter, "comprehensive health
education programs" are defined as all educational programs offered
in kindergarten and grades 1 to 12, inclusive, in the public school
system, including in-class and out-of-class activities designed to
ensure that:
(1) Pupils will receive instruction to aid them in making
decisions in matters of personal, family, and community health, to
include the following subjects:
(A) The use of health care services and products.
(B) Mental and emotional health and development.
(C) Drug use and misuse, including the misuse of tobacco and
alcohol.
(D) Family health and child development, including the legal and
financial aspects and responsibilities of marriage and parenthood.
(E) Oral health, vision, and hearing.
(F) Nutrition, which may include related topics such as obesity
and diabetes.
(G) Exercise, rest, and posture.
(H) Diseases and disorders, including sickle cell anemia and
related genetic diseases and disorders.
(I) Environmental health and safety.
(J) Community health.
(2) To the maximum extent possible, the instruction in health is
structured to provide comprehensive education in health that includes
all the subjects in paragraph (1).
(3) The community actively participates in the teaching of health
including classroom participation by practicing professional health
and safety personnel in the community.
(4) Pupils gain appreciation for the importance and value of
lifelong health and the need for each individual to take
responsibility for his or her own health.
(5) School districts may voluntarily provide pupils with
instruction on preventative health care, including obesity and
diabetes prevention through nutrition education.
(b) Health care professionals, health care service plans, health
care providers, and other entities participating in a voluntary
initiative with a school district may not market their services when
undertaking activities related to the initiative. For purposes of
this subdivision, "marketing" is defined as making a communication
about a product or service that is intended to encourage recipients
of the communication to purchase or use the product or service.
Health care or health education information provided in a brochure or
pamphlet that contains the logo or name of a health care service
plan or health care organization is not considered marketing if
provided in coordination with the voluntary initiative. The
marketing prohibitions contained in this subdivision do not apply to
outreach, application assistance, and enrollment activities relating
to federal, state, or county sponsored health care insurance programs
that are conducted by health care professionals, health care service
plans, health care providers, and other entities if the activities
are conducted in compliance with the statutory, regulatory, and
programmatic guidelines applicable to those programs.