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