BILL NUMBER: AB 2658	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 14, 2008
	PASSED THE ASSEMBLY  JULY 15, 2008
	AMENDED IN SENATE  JULY 10, 2008
	AMENDED IN ASSEMBLY  APRIL 1, 2008

INTRODUCED BY   Assembly Member Horton

                        FEBRUARY 22, 2008

   An act to amend Section 120130 of the Health and Safety Code,
relating to disease prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2658, Horton. Disease prevention: reportable diseases.
   Existing law requires the State Department of Public Health to
establish a list of reportable diseases and conditions, which may
include both communicable and noncommunicable diseases. The list is
required to include the urgency of reporting each disease and
condition. Violation of these provisions is a misdemeanor.
   This bill would revise the contents of this list by requiring the
department to specify the timeliness requirements related to the
reporting of each disease and condition, and the mechanisms required
for, and the content to be included in, reports made pursuant to
these provisions.
   The bill would also require, by July 1, 2009, or within one year
of the establishment of a state electronic laboratory reporting
system, whichever is later, any laboratory that generates a report
pursuant to these provisions to submit that report electronically in
a manner specified by the department.
   This bill would also authorize the department, on its Web site and
via e-mail, to advise out-of-state laboratories that are known to
the department to test specimens of California residents of the new
reporting requirements.
   By changing the definition of a crime, this bill would impose a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would incorporate additional changes to Section 120130
of the Health and Safety Code proposed by SB 356, to become operative
only if both this bill and SB 356 are enacted and become effective
on or before January 1, 2009, each bill amends Section 120130 of the
Health and Safety Code, and this bill is enacted after SB 356.


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

  SECTION 1.  Section 120130 of the Health and Safety Code is amended
to read:
   120130.  (a) The department shall establish a list of reportable
diseases and conditions. For each reportable disease and condition,
the department shall specify the timeliness requirements related to
the reporting of each disease and condition, and the mechanisms
required for, and the content to be included in, reports made
pursuant to this section. The list of reportable diseases and
conditions may include both communicable and noncommunicable
diseases. The list may include those diseases that are either known
to be, or suspected of being, transmitted by milk or milk-based
products. The list shall also include, but not be limited to,
diphtheria, listeria, salmonella, shigella, streptococcal infection
in food handlers or dairy workers, and typhoid. The list may be
modified at any time by the department, after consultation with the
California Conference of Local Health Officers. Modification of the
list shall be exempt from the administrative regulation and
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
shall be implemented without being adopted as a regulation, except
that the revised list shall be filed with the Secretary of State and
printed in the California Code of Regulations as required under
subdivision (d). Those diseases listed as reportable shall be
properly reported as required to the department by the health
officer.
   (b) The department may from time to time adopt and enforce
regulations requiring strict or modified isolation, or quarantine,
for any of the contagious, infectious, or communicable diseases, if
in the opinion of the department the action is necessary for the
protection of the public health.
   (c) The health officer may require strict or modified isolation,
or quarantine, for any case of contagious, infectious, or
communicable disease, when this action is necessary for the
protection of the public health.
   (d) The list established pursuant to subdivision (a) and any
subsequent modifications shall be published in Title 17 of the
California Code of Regulations.
   (e) Notwithstanding any other provision of law, no civil or
criminal penalty, fine, sanction, finding, or denial, suspension, or
revocation of licensure for any person or facility may be imposed
based upon a failure to provide the notification of a reportable
disease or condition that is required under this section, unless the
disease or condition that is required to be reported was printed in
the California Code of Regulations at least six months prior to the
date of the claimed failure to report.
   (f) Commencing July 1, 2009, or within one year of the
establishment of a state electronic laboratory reporting system,
whichever is later, a report generated pursuant to this section by a
laboratory shall be submitted electronically in a manner specified by
the department, except that this electronic reporting requirement
shall not apply to reports of HIV infections. The department shall
allow laboratories that receive incomplete patient information to
report the name of the provider who submitted the request to the
local health officer.
   (g) The department may on its Web site and via electronic mail
advise out-of-state laboratories that are known to the department to
test specimens from California residents of the new reporting
requirements.
  SEC. 1.5.  Section 120130 of the Health and Safety Code is amended
to read:
   120130.  (a) The department shall establish a list of reportable
diseases and conditions. For each reportable disease and condition,
the department shall specify the timeliness requirements related to
the reporting of each disease and condition, and the mechanisms
required for, and the content to be included in, reports made
pursuant to this section. The list of reportable diseases and
conditions may include both communicable and noncommunicable
diseases. The list may include those diseases that are either known
to be, or suspected of being, transmitted by milk or milk-based
products. The list shall also include, but not be limited to,
diphtheria, listeria, salmonella, shigella, streptococcal infection
in food handlers or dairy workers, and typhoid. The list may be
modified at any time by the department, after consultation with the
California Conference of Local Health Officers. Modification of the
list shall be exempt from the administrative regulation and
rulemaking requirements of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
shall be implemented without being adopted as a regulation, except
that the revised list shall be filed with the Secretary of State and
printed in the California Code of Regulations as required under
subdivision (d). Those diseases listed as reportable shall be
properly reported as required to the department by the health
officer.
   (b) The department shall establish a list of communicable diseases
and conditions for which clinical laboratories shall submit a
culture or a specimen to the local public health laboratory to
undergo characterization. The list shall set forth the conditions
under which the culture and specimen shall, also, be submitted to the
state public health laboratory to undergo further characterization.
The list may be modified at any time by the department, after
consultation with the California Conference of Local Health Officers
and the California Association of Public Health Laboratory Directors.
Both establishment and modification of the list shall be exempt from
the administrative regulation and rulemaking requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and shall be implemented without being
adopted as a regulation, except that the initial list and any
modifications shall be filed with the Secretary of State and printed
in the California Code of Regulations as required under subdivision
(e).
   (c) The department may from time to time adopt and enforce
regulations requiring strict or modified isolation, or quarantine,
for any of the contagious, infectious, or communicable diseases, if
in the opinion of the department the action is necessary for the
protection of the public health.
   (d) The health officer may require strict or modified isolation,
or quarantine, for any case of contagious, infectious, or
communicable disease, when this action is necessary for the
protection of the public health.
   (e) The lists established pursuant to subdivisions (a) and (b) and
any subsequent modifications shall be published in Title 17 of the
California Code of Regulations.
   (f) Notwithstanding any other provision of law, no civil or
criminal penalty, fine, sanction, finding, or denial, suspension, or
revocation of licensure for any person or facility may be imposed
based upon a failure to provide the notification of a reportable
disease or condition or to provide the submission of a culture or
specimen that is required under this section, unless the name of the
disease or condition that is required to be reported or of which a
culture or specimen is required to be submitted was printed in the
California Code of Regulations and the department notified the person
or facility of the disease or condition at least six months prior to
the date of the claimed failure to report or submit.
   (g) Commencing July 1, 2009, or within one year of the
establishment of a state electronic laboratory reporting system,
whichever is later, a report generated pursuant to this section by a
laboratory shall be submitted electronically in a manner specified by
the department, except that this electronic reporting requirement
shall not apply to reports of HIV infections. The department shall
allow laboratories that receive incomplete patient information to
report the name of the provider who submitted the request to the
local health officer.
   (h) The department may on its Web site and via electronic mail
advise out-of-state laboratories that are known to the department to
test specimens from California residents of the new reporting
requirements.
  SEC. 2.  Section 1.5 of this bill incorporates amendments to
Section 120130 of the Health and Safety Code proposed by both this
bill and SB 356. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2009, (2) each
bill amends Section 120130 of the Health and Safety Code, and (3)
this bill is enacted after SB 356, in which case Section 1 of this
bill shall not become operative.
  SEC. 3  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.