BILL NUMBER: SB 615 CHAPTERED 10/05/05 CHAPTER 550 FILED WITH SECRETARY OF STATE OCTOBER 5, 2005 APPROVED BY GOVERNOR OCTOBER 5, 2005 PASSED THE SENATE SEPTEMBER 7, 2005 PASSED THE ASSEMBLY AUGUST 31, 2005 AMENDED IN ASSEMBLY AUGUST 25, 2005 AMENDED IN ASSEMBLY JUNE 15, 2005 AMENDED IN SENATE MAY 3, 2005 AMENDED IN SENATE MARCH 31, 2005 INTRODUCED BY Senator Figueroa (Coauthors: Senators Alquist, Battin, Kehoe, Ortiz, and Speier) (Coauthors: Assembly Members Bass, Berg, Daucher, Dymally, Goldberg, Jones, Karnette, Laird, Negrete McLeod, Pavley, and Sharon Runner) FEBRUARY 22, 2005 An act to amend and repeal Section 104200 of the Health and Safety Code, relating to cancer. LEGISLATIVE COUNSEL'S DIGEST SB 615, Figueroa Cervical cancer. Existing law requires the State Department of Health Services to conduct the Cervical Cancer Community Awareness Campaign. Existing law requires the campaign to provide awareness, assistance, and information regarding cervical cancer. This bill would extend the scope of the campaign to include the human papillomavirus (HPV), including provider education aimed at promoting the awareness of HPV and its link to cervical cancer. Existing law establishes the Cervical Cancer Fund in the State Treasury to be expended by the department, upon appropriation by the Legislature, for the campaign. Existing law provides that the campaign shall not be implemented unless and until funds are appropriated for that purpose in the annual Budget Act. This bill would provide, instead, that the department shall conduct the Cervical Cancer Community Awareness Campaign only if voluntary contributions are received to support its activities in conducting the campaign, and would make the continued implementation of the campaign contingent upon the receipt of voluntary contributions for that purpose. The bill would further provide that if the Department of Finance determines that insufficient voluntary contributions for purposes of implementing these provisions have been deposited with the state by January 1, 2007, the Department of Finance shall notify either the Chief Clerk of the Assembly or the Secretary of the Senate of this fact, and these provisions would be repealed on January 1, 2007. This bill would require the department to report to the chairs and vice chairs of the health committees of both houses of the Legislature, on or before January 1, 2007, on the progress of the campaign. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Cervical cancer is highly preventable and is the only cancer with one known cause-the human papillomavirus (HPV). (b) Even with this knowledge, the American Cancer Society estimates that in the United States 10,520 cases of invasive cervical cancer were diagnosed in 2004, and 3,900 women died of the disease. In 2004, an estimated 1,735 California women were diagnosed with invasive cervical cancer and 470 California women died from the disease. (c) Approximately one-half of the women who are diagnosed with cervical cancer are between the ages of 35 and 55 years. (d) Ethnic patterns of cervical cancer in the United States are quite different from those of any other cancer of the female reproductive system. The highest age-adjusted incidence rate occurs among Vietnamese women, at 43 incidents per 100,000 women. An incidence rate of 15 incidents per 100,000 women or higher occurs among Alaska Native, Korean, and Hispanic women. Black women have the highest age-adjusted mortality rate from cervical cancer and are followed by Hispanic women. (e) In California, 800,000 women 18 years of age and older who need to be routinely screened have never had a Pap test and most Californians have not heard of HPV or its association with cervical cancer. (f) Direct annual medical costs for treating symptoms of HPV infection in the United States are estimated at $1.6 billion, and the cost of cervical cancer screening programs (Pap smears) is $5 billion to $6 billion every year. (g) The Legislature commends the existing educational efforts of the State Department of Health Services and finds that the Cervical Cancer Community Awareness Campaign should be expanded to address the link between human papillomavirus and cervical cancer. SEC. 2. Section 104200 of the Health and Safety Code is amended to read: 104200. (a) Subject to subdivision (f), the department shall conduct the Cervical Cancer Community Awareness Campaign to do all of the following: (1) To provide awareness, assistance, and information regarding cervical cancer and the human papillomavirus (HPV). These efforts shall include provider education aimed at promoting the awareness of HPV and its link to cervical cancer. Information regarding prevention, early detection, options for testing, and treatment costs shall be included. (2) To promote the availability of preventive treatment for cervical cancer for women in California. (3) To perform other activities related to cervical cancer. (b) (1) For purposes of the Cervical Cancer Community Awareness Campaign, the department shall establish a study of and research regarding cervical cancer. (2) The study and research shall contain, but not be limited to, statistical information in order to target appropriate regions of the state with the Cervical Cancer Community Awareness Campaign. The statistical information shall include, but not be limited to, age, ethnicity, region, and socioeconomic status of the women in the state in relation to cervical cancer. The research shall provide studies of current treatment evolutions, possible cures, and the availability of preventive care for women in the state in relation to cervical cancer. (c) To the extent feasible and appropriate, the Cervical Cancer Community Awareness Campaign shall be incorporated into existing cancer awareness programs operated by the department. (d) On or before January 1, 2007, the department shall report to the chairs and vice chairs of the health committees of both houses of the Legislature on the progress of the campaign. The report shall do all of the following: (1) Provide an overview of progress being made in fulfilling the duties of the Cervical Cancer Community Awareness Campaign. (2) Recommend strategies or actions to reduce the occurrence of cervical cancer among, and the burden caused by cervical cancer on, women in the state. (3) Review statistical and qualitative data on the prevalence and burden of cervical cancer and HPV in California. (e) There is hereby established in the State Treasury the Cervical Cancer Fund to be expended by the State Department of Health Services, upon appropriation of nonstate funds by the Legislature, solely for the Cervical Cancer Community Awareness Campaign. (f) (1) The department shall conduct the Cervical Cancer Community Awareness Campaign only if voluntary contributions are received to support its activities pursuant to this section. The continued implementation of this section shall be contingent upon the receipt of voluntary contributions for that purpose. (2) Voluntary contributions received for purposes of this subdivision shall be deposited into the Cervical Cancer Fund. (g) This section shall be implemented only after the Department of Finance determines that nonstate funds in an amount sufficient to fully support the activities of this section have been deposited with the state. Thereafter, this section shall continue to be implemented only to the extent that the Department of Finance determines that sufficient nonstate funds to fully support the activities of this section have been deposited with the state for purposes of this section. If the Department of Finance determines that insufficient voluntary contributions for purposes of implementing this section have been deposited with the state by January 1, 2007, the Department of Finance shall notify either the Chief Clerk of the Assembly or the Secretary of the Senate of this fact, and this section shall be repealed on January 1, 2007, unless a later enacted statute, that is enacted before January 1, 2007, deletes or extends that date.