BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1963
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          Date of Hearing:   April 20, 2010

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                     AB 1963 (Nava) - As Amended:  April 13, 2010
           
          SUBJECT  :  Pesticide poisoning.

           SUMMARY  :  Requires laboratories (labs) that perform  
          cholinesterase (ChE) testing for the purpose of determining  
          workers' pesticide exposure to electronically report specified  
          test results to the Department of Pesticide Regulation (DPR).   
          Specifically,  this bill  :  

          1)Requires labs that perform ChE testing to report to, DPR, the  
            ChE test results for every person tested, the purpose of the  
            test, the name of the person tested, the name, address, and  
            phone number of the healthcare provider or medical supervisor  
            who ordered the test, the accession number of the specimen,  
            the date that the sample was collected from the patient and  
            the date the analysis was performed, and contact information  
            for the person tested and his or her employer, if known and  
            readily available.

          2)Authorizes the Department of Public Health (DPH) to assess a  
            fine of up to $200 per person against any lab that knowingly  
            fails to meet the reporting requirements of this bill.

          3)Requires the medical supervisor ordering the ChE testing to  
            provide a copy of the ChE test results or any recommendations  
            to the tested individual within 14 days of receiving the  
            information.

          4)Specifies that all information reported under this bill will  
            be confidential, but permits the Office of Environmental  
            Health Hazard Assessment (OEHHA), DPR, and DPH to share the  
            information only for the purpose of surveillance, case  
            management, investigation, environmental assessment,  
            environmental remediation, or abatement with the appropriate  
            county agricultural commissioner or local health officer  
            (LHO).

          5)Requires OEHHA to review the cholinesterase test results and  
            permits OEHHA to provide an appropriate medical or  
            toxicological consultation to the medical supervisor. 








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          6)Permits OEHHA, in consultation with DPR and the LHO, to  
            provide medical and toxicological consultation, as  
            appropriate, to the county agricultural commissioner to  
            address medical issues related to the investigation of  
            cholinesterase inhibitor-related illness. 

          7)Requires DPR and OEHHA, in consultation with DPH, by December  
            31, 2013, to prepare a report on the effectiveness of the  
            medical supervision program and the utility of  
            laboratory-based reporting of ChE testing for illness  
            surveillance and prevention.  Permits the report to include  
            recommendations to the Legislature deemed necessary.  Requires  
            DPR and OEHHA to make the report publicly available on their  
            Web sites.

           EXISTING LAW  :

            1)  Requires any physician who knows or has reasonable cause  
              to believe that a patient is suffering from pesticide  
              poisoning or any disease or condition caused by a pesticide  
              to promptly report that fact to the LHO by telephone within  
              24 hours, and in writing within seven days.

            2)  Requires LHOs receiving the reports above to immediately  
              notify the county agricultural commissioner and, at the  
              LHO's discretion, to immediately notify the Director of  
              OEHHA of each report received.  Requires LHOs to report to  
              the Director of DPR, the Director of OEHHA, and the Director  
              of the Department of Industrial Relations each case reported  
              to him or her within seven days after receipt of the report.

            3)  Requires employers who have employees regularly handling  
              or exposed to organophosphate and carbamate pesticides to  
              have a written agreement with a physician to provide medical  
              supervision of those employees, and specifies employer  
              responsibilities for medical supervision, including testing  
              at certain intervals, investigating work practices when  
              employee ChE levels fall below 80% of baseline and removing  
              employees from the exposure if levels fall to 60% or less of  
              baseline, as specified.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.









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           COMMENTS  :   

           1)PURPOSE OF THIS BILL  .  According to the author, this bill is  
            necessary to allow state agencies to effectively monitor the  
            existing ChE medical monitoring program and to better protect  
            California farm workers who are routinely exposed to dangerous  
            levels of the pesticides that affect ChE levels.  The author  
            points out that submission of the reports contemplated in this  
            bill are made much easier in light of electronic reporting  
            capabilities than they would have been when the ChE monitoring  
            program was first established.  The Cholinesterase Medical  
            Supervision Program does not include any requirement for test  
            results to be delivered to any state agency responsible for  
            worker health; thus nearly three decades after this program  
            was enacted, it is impossible to judge its effectiveness.

           2)CALIFORNIA MONITORING PROGRAM  .  In 1974, California  
            established the ChE monitoring program.  The program requires  
            that pesticide handlers (mixers, loaders, and applicators) who  
            work with Category I or II organophosphates or N-methyl  
            carbamate insecticides for more than six days in any 30-day  
            period receive periodic blood tests.  Excessive exposure to  
            these insecticides can inhibit an enzyme in the nervous system  
            known as acetyl ChE, referred to as ChE.  The blood tests,  
            often referred to as "medical monitoring," measure ChE.   
            Adequate levels of the enzyme ChE are necessary for normal  
            nerve function. Low ChE levels can cause a variety of symptoms  
            from headaches to convulsions, depending on the severity of  
            the exposure. 

            The normal level of ChE varies greatly among people.   
            Therefore, when monitoring a person's ChE level, it is  
            necessary to determine how much ChE that person normally has.   
            This is done by taking a blood sample at a time when the  
            person has not been exposed to ChE inhibitors for several  
            months.  A person's normal ChE level is called the baseline.   
            Once a person's baseline is established, it is used for  
            comparison in future blood analyses to see if the person's  
            level of ChE has changed.  California requires medical  
            monitoring for ChE, a requirement imposed on employers for  
            workers with specific exposure levels or specific ChE levels.   
            The first three blood analyses must be done at 30-day  
            intervals, if the person is regularly handling ChE-inhibiting  
            insecticides during each of those 30-day periods.  After the  
            first three blood tests, the laboratory will determine how  








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            often the person must return for additional testing.  If the  
            laboratory makes no recommendation as to frequency of testing,  
            monitoring must be done every 60 days.  California law also  
            requires all physicians to promptly report suspected pesticide  
            exposure or exposure-related illnesses to LHOs. 

           3)CONFIDENTIALITY OF INFORMATION  .  Every staff member of OEHHA's  
            Pesticide and Environmental Toxicology Branch who has access  
            to confidential records is required to sign a "Confidentiality  
            Pledge," which states that a breach of the confidentiality for  
            personal medical information at any level is cause for  
            immediate corrective and/or adverse action.  The Pledge also  
            indicates that accidental breaches of confidentiality will not  
            be excused. According to OEHHA, personal medical information  
            includes all patient, research subject, physician, and health  
            care facility data.  The Pledge states that all patient data  
            are protected from disclosure to third parties by the  
            confidentiality requirements of the Information Practices Act  
            and are exempt from disclosure under the Public Records Act.   
            These statutes prohibit the release of personal identifiers or  
            information that may allow identification of an individual.   
            OEHHA policy also prohibits personal identifiers from being  
            transmitted or published through e-mail, publications,  
            presentations, or any other public medium.  

          4)PESTICIDE POISONING REPORTING.   California has two systems for  
            worker and consumer pesticide reporting and investigations.   
            One program requires the reporting of all known or suspected  
            cases of pesticide poisoning to the LHO, who in turn reports  
            it to state and local agriculture and worker safety agencies.   
            In addition to this emergency reporting, workers who are  
            regularly using organophosphates and carbamates pesticides are  
            required to be under medical supervision that includes regular  
            blood test to determine whether the organophosphates and  
            carbamates are effecting the of ChE levels.  Under current  
            worker's medical supervision and reporting requirements, if a  
            worker is removed from work because his/her ChE activity  
            levels are depressed but the worker is asymptomatic, then  
            these test results are not reported as a suspected pesticide  
            poisonings.
           
          5)PRIOR LEGISLATION .   AB 1530 (Lieber) of 2007 contained  
            substantially similar provisions to this bill.  AB 1530 was  
            held in the Senate Appropriations Committee.
           








                                                                 AB 1963
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          6)DOUBLE REFERRAL  .  This bill was heard by the Environmental  
            Safety and Toxic Materials Committee on April 6, 2010 where it  
            passed by a vote of 5-1.
           
          7)SUPPORT  .  Supporters state that nearly three decades after the  
            ChE Medical Supervision program was enacted, it is impossible  
            to judge its effectiveness because the program does not  
            include any requirements for test results to be delivered to  
            state agencies responsible for worker health and workplace  
            safety.  Supporters assert that this bill will give state  
            officials the necessary information to monitor the  
            effectiveness of the program and protect farm workers from  
            dangerous overexposure to pesticides.
           
          8)OPPOSITION  .  Opponents state that clinical labs are willing to  
            report information in their possession, however they should  
            not be required to seek information or be penalized if  
            information requested (such as name and address of the person  
            tested) is not provided by the physician ordering the test.
           

          9)AMENDMENTS  .  The author requests that the Committee approve  
            the following amendments:

             a)   On page 5, line 33 after "information" insert "in its  
               possession"
             b)   On page 6, line 6, delete " the analysis was performed"  
               and insert "result was reported"
             c)   On page 6, line 16 after "shall" insert "note in the  
               test order the purpose of the test, pursuant to 105206  
               (b)(2), and"

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 

           Pesticide Action Network of North America (cosponsor)
          Physicians for Social Responsibility - Los Angeles (cosponsor)
          Health Officers Association of California (cosponsor)
          ACT for Women and Girls
          American Civil Liberties Union
          American Congress of Obstetricians and Gynecologists  
          (California)
          California Labor Federation
          California Latinas for Reproductive Justice








                                                                  AB 1963
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          California Nurses Association
          California Primary Care Association
          California Public Health Association - North
          California Rural Legal Assistance Foundation
          Californians for Alternatives to Toxics
          Californians for Justice Collaborative
          Center for Children's Environmental Health Research, U.C.  
          Berkeley
          Center for Environmental Health
          Clean Water Action
          Commonweal
          Consumer Attorneys of California
          Delores Huerta Foundation
          East Yard Communities for Environmental Justice
          Environmental Center of San Luis Obispo County
          Fresno Coalition Again the Misuse of Pesticides
          Healthy Child Healthy World
          Natural Resources Defense Council
          Nevada County Citizens for Choice
          Organizacion en CA de Lideres Campesinas (Lideres Campesinas)
          Pesticide Action Network
          Pesticide Watch
          Physicians for Social Responsibility - Sacramento Chapter
          Physicians for Social Responsibility - San Francisco Bay Chapter
          Planned Parenthood Affiliates of California
          Planned Parenthood, Mar Monte
          San Francisco Department of Public Health, Environmental Health  
          Section
          Sierra Club California
          Urban Habitat
          One individual

           Opposition 
           
          California Association for Medical Laboratory Technology
          California Clinical Laboratory Association
          Quest Diagnostics

           
          Analysis Prepared by  :    Melanie Moreno / HEALTH / (916)  
          319-2097