Section 40673 - Priority System for Program Enrollment(a) The competent professional authority shall fill vacancies which occur after a local agency has reached its maximum participation level by applying the following participant priority system.(b) The enrollment priorities shall be as follows:(1) Priority I includes the following in rank order beginning with the highest: (A) Pregnant women who have one or more biochemical, physical, medical, or anthropometric risk factor(s) specified in Section 40671 of these regulations.(B) Breastfeeding women who have one or more biochemical, physical, medical, or anthropometric risk factor(s) specified in Section 40671 of these regulations.(C) Infants who possess one or more biochemical, physical, medical, or anthropometric risk factor(s) specified in Section 40671 of these regulations.(2) Priority II includes: (A) Women who are breastfeeding infants who qualify as Priority II and who have no other risk factors.(B) Infants up to six months of age who do not qualify as Priority I and who were born to WIC participants; infants up to six months of age who do not qualify as Priority I and who were born to women who were not WIC participants during pregnancy, but who were at nutritional risk during pregnancy due to one or more biochemical, physical, medical, or anthropometric risk factor(s).(3) Priority III includes the following in rank order, beginning with the highest:(A) Children who have not reached the month of their third birthday and who possess one or more biochemical, physical, medical, or anthropometric risk factor(s) specified in Section 40671 of these regulations.(B) Postpartum women who possess one or more anthropometric, biochemical, physical, or medical risk factor(s) specified in Section 40671 of these regulations.(C) Children who have reached the month of their third birthday and who possess one or more biochemical, physical, medical, or anthropometric risk factor(s) specified in Section 40671 of these regulations.(4) Priority IV includes the following in rank order, beginning with the highest: (A) Pregnant women with an inadequate diet.(B) Breastfeeding women with an inadequate diet.(C) Infants with an inadequate diet.(5) Priority V includes children with an inadequate diet.(6) Priority VI includes postpartum women who are not breastfeeding and who currently have an inadequate diet and no other risk factor(s).(c) A breastfeeding woman and her infant shall be placed in the highest priority level for which either is qualified.Cal. Code Regs. Tit. 22, § 40673
1. New section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).
2. Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March 30, 2020, which allowed the director of the State Department of Public Health to make temporary changes to certain regulations relating to the Women, Infants, and Children Program, due to the COVID-19 pandemic. Note: Authority cited: Sections 311 and 312, Health and Safety Code. Reference: Sections 311 and 312(f), Health and Safety Code.
1. New section filed 8-23-89; operative 8-23-89 (Register 89, No. 38).