BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                SB 289
                                                                Page  1

        SENATE THIRD READING
        SB 289 (Ed Hernandez)
        As Amended  August 23, 2012
        Majority vote

         SENATE VOTE  :   36-2
          
         BUSINESS & PROFESSIONS          8-0                 HEALTH      16-0
         
         ----------------------------------------------------------------- 
        |Ayes:|Hayashi, Allen, Butler,   |Ayes:|Monning, Logue, Atkins,   |
        |     |Eng, Hill, Ma, Smyth,     |     |Bonilla, Eng, Garrick,    |
        |     |Silva                     |     |Gordon, Hayashi,          |
        |     |                          |     |Roger Hernández, Bonnie   |
        |     |                          |     |Lowenthal, Mansoor,       |
        |     |                          |     |Mitchell, Pan,            |
        |     |                          |     |V. Manuel Pérez, Silva,   |
        |     |                          |     |Williams                  |
        |-----+--------------------------+-----+--------------------------|
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         APPROPRIATIONS      17-0                                         
         
         ----------------------------------------------------------------- 
        |Ayes:|Fuentes, Harkey,          |     |                          |
        |     |Blumenfield, Bradford,    |     |                          |
        |     |Charles Calderon, Campos, |     |                          |
        |     |Davis, Donnelly, Gatto,   |     |                          |
        |     |Hall, Hill, Lara,         |     |                          |
        |     |Mitchell, Nielsen, Norby, |     |                          |
        |     |Solorio, Wagner           |     |                          |
         ----------------------------------------------------------------- 
         
        SUMMARY  :  Allows the Department of Public Health (DPH) to approve 
        providers of clinical laboratory scientist programs for instruction 
        in clinical laboratory technique, and allows these programs to use 
        multiple clinical laboratories for training.  Specifically,  this 
        bill  :   

        1)Allows DPH to approve any of the following seeking to provide 
          clinical laboratory scientist programs for instruction in clinical 
          laboratory technique that, in DPH's judgment, will adequately 
          prepare individuals to meet the requirements for licensure or 
          performance of duties under laws and DPH regulations governing 
          clinical laboratory technology:








                                                                SB 289
                                                                Page  2


           a)   A California licensed clinical laboratory;

           b)   An accredited United States (U.S.) college or university;

           c)   A U.S. military medical laboratory specialist program of at 
             least 52 weeks in duration; or,

           d)   A laboratory owned and operated by the U.S. government.

        2)Allows these programs to use multiple clinical laboratories to 
          provide training in clinical laboratory technique, upon approval 
          by DPH and provided the following conditions are met:

           a)   The program may apportion the clinical training among 
             multiple clinical laboratories in any percentage as long as the 
             total training meets the requirements established by DPH;

           b)   Each clinical laboratory has been approved by DPH as part of 
             the program in accordance with regulations.  The program shall 
             notify DPH within 30 days of a change in clinical laboratories 
             used by the program to provide training;

           c)   The director of the approved program shall be responsible 
             for notifying DPH in advance of the start and end date of the 
             training for each trainee.  The program shall coordinate with 
             DPH in meeting established requirements;

           d)   The director of the approved program shall ensure that all 
             of DPH's requirements for training and affiliation are met; 
             and,  

           e)   The program has submitted an application on forms provided 
             by DPH for approval.

        3)Revises and recasts existing definitions and makes other technical 
          and conforming changes.

         EXISTING LAW  : 

        1)Provides for the licensure and regulation of clinical laboratories 
          and their personnel by DPH under the Laboratory Field Services 
          (LFS).

        2)Authorizes DPH to approve schools seeking to provide 








                                                                SB 289
                                                                Page  3

          instruction in clinical laboratory technic which in the 
          judgment of DPH will provide instruction adequate to prepare 
          individuals to meet the requirements for licensure or 
          performance of duties, as specified.

        3)Provides that it is unlawful for any person to operate a 
          school or conduct any course for the purpose of training or 
          preparing persons to perform duties, as specified, without 
          approval by DPH.

        4)Establishes educational and examination requirements for a 
          number of clinical lab personnel, including CLS and limited 
          CLS licensees and trainees and a variety of CLS 
          sub-specialties.

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee, 
        negligible costs, if any.

        COMMENTS  :  According to the author, "In order to be trained as a CLS 
        in California, the LFS has interpreted its regulations for the past 
        40 years to mean that the 50-week CLS training program be undertaken 
        at a single site, usually a hospital or a biotech lab.  A CLS 
        training program is costly for the host institution, running 
        anywhere from $55,000 to $110,000 a year per student.  Thus, running 
        a CLS training program can be quite prohibitive for an institution 
        to undertake.

        "SB 289 would broaden the definition of an approved training site, 
        and allow an institution of higher education to be an approved 
        training entity for a CLS training program.  Please note that the 
        students would not train at the institution of higher education; 
        rather, (the bill) would allow the institution to act as the central 
        administrator by coordinating the 50-week program among different 
        hospitals/labs."


         Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 319-3301 



                                                                 FN: 0005420 












                                                                SB 289
                                                                Page  4