BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 289|
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                              UNFINISHED BUSINESS


          Bill No:  SB 289
          Author:   Hernandez (D)
          Amended:  8/23/12
          Vote:     21

           
          SENATE VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  80-0, 8/27/12 - See last page for vote


           SUBJECT  :    Clinical laboratory techniques:  training and 
          instruction

          SOURCE  :     Author


           DIGEST  :    This bill 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. 

           Assembly Amendments  delete the version of the bill passed 
          by the Senate dealing with inpatient hospital 
          reimbursement.  The bill now addresses clinical laboratory 
          training.

           ANALYSIS  :    

          Existing law: 

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

          2. Authorizes DPH to approve schools seeking to provide 
             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 clinical 
             laboratory scientist (CLS) and limited CLS licensees and 
             trainees and a variety of CLS sub-specialties. 

          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: 

             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: 







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             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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

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

           SUPPORT  :   (Verified  8/28/12)

          Blood Centers of California
          California Clinical Laboratory Association
          California Hospital Association

           ARGUMENTS IN SUPPORT  :    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 







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          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." 


           ASSEMBLY FLOOR  :  80-0, 8/27/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, 
            Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez


          CTW:m  8/28/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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