Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 830

Introduced by Assembly Member Holden

February 21, 2013

An act to begin delete amend Section 1224 of end delete begin insert add Section 1224.3 to end insert the Business and Professions Code, relating to clinical laboratories.

LEGISLATIVE COUNSEL’S DIGEST

AB 830, as amended, Holden. Clinical laboratories.

Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health. begin delete Existing law, the Administrative Procedure Act, establishes the requirements for the adoption, publication, review, and implementation of regulations by state agencies. end delete Existing law allows the State Department of Public Health to adopt, amend, or repeal regulations necessary for the administration of clinical laboratories. begin insert Existing law makes a violation of the provisions governing clinical laboratories and clinical laboratory personnel a crime. end insert

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This bill would require the State Department of Public Health to promulgate regulations to require hospitals and health care facilities that employ clinical laboratory scientists and medical laboratory technicians to provide training to those individuals and any other employees charged with supervising those individuals on specified subject matters. Since a violation of the provisions governing clinical laboratory technology is a misdemeanor under existing law, this bill would expand the definition of a crime, thereby imposing a state-mandated local program.

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This bill would make a nonsubstantive change to those provisions.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 1224.3 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

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begin insert 1224.3. end insert   

The department shall promulgate regulations on or
before January 1, 2015, that require any facility operating a
clinical laboratory to provide training to clinical laboratory
scientists, medical laboratory technicians, and any individuals
who are charged with direct and responsible supervision of either
a clinical laboratory scientist or a medical laboratory technician
on the following subject matters:

(a) The specific tests that a medical laboratory technician is
authorized to perform.

(b) The specific tests that only a clinical laboratory scientist is
authorized to perform.

(c) The extent to which a clinical laboratory scientist is required
to direct, supervise, and approve or endorse the work of a medical
laboratory technician.

(d) The extent to which a medical laboratory technician is
authorized to report test results to doctors, nurses, or other health
care professionals prior to having a clinical laboratory scientist
review and verify those results.

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begin insert SEC. 2. end insert   

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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.

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SECTION 1.  

Section 1224 of the Business and Professions Code
is amended to read:

1224.  

The department may, pursuant to Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2 of the
Government Code, adopt, amend, or repeal any regulations it
considers necessary for the administration or enforcement of this
chapter.

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