BILL NUMBER: SB 1131	CHAPTERED  07/19/01

	CHAPTER  80
	FILED WITH SECRETARY OF STATE  JULY 19, 2001
	APPROVED BY GOVERNOR  JULY 18, 2001
	PASSED THE ASSEMBLY  JULY 2, 2001
	PASSED THE SENATE  MAY 7, 2001

INTRODUCED BY   Senator Machado

                        FEBRUARY 23, 2001

   An act to amend Section 1246.5 of the Business and Professions
Code, relating to clinical laboratory technology.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1131, Machado.  Clinical laboratory technology.
   Existing law authorizes any licensed clinical laboratory or public
health laboratory to perform pregnancy, glucose level, cholesterol,
and occult blood tests and provides that the State Department of
Health Services may add other tests to this list, as specified.
   This bill would delete the provision, authorizing the department
to add other tests and would, instead, authorize these laboratories
to perform any other over-the-counter test approved by the federal
Food and Drug Administration for sale to the public without a
prescription.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1246.5 of the Business and Professions Code is
amended to read:
   1246.5.  Notwithstanding any other provision of law, any person
may request, and any licensed clinical laboratory or public health
laboratory may perform, the laboratory tests specified in this
section.  A registered clinical laboratory may perform the laboratory
tests specified in this section if the test is subject to a
certificate of waiver under CLIA and the laboratory has registered
with the department under paragraph (2) of subdivision (a) of Section
1265. The results from any test may be provided directly to the
person requesting the test if the test is on or for his or her own
body.  These test results shall be provided in a manner that presents
clear information and that identifies results indicating the need
for referral to a physician and surgeon.
   The tests that may be conducted pursuant to this section are:
pregnancy, glucose level, cholesterol, occult blood, and any other
test for which there is a test for a particular analyte approved by
the federal Food and Drug Administration for sale to the public
without a prescription in the form of an over-the-counter test kit.