AB 2425, as introduced, Quirk. Laboratories: review committee.
Existing law requires laboratories engaging in the performance of forensic alcohol analysis tests by or for law enforcement agencies on blood, urine, tissue, or breath for the purposes of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations to comply with various existing State Department of Health Care Services regulations regarding the inspection of laboratories, collection and handling of samples, methods of analysis, and laboratory records, until the time those regulations are revised, as specified. Existing law requires the State Department of Health Care Services to establish a review committee, which is required to meet at least once in each 5-year period after its initial meeting, or within 60 days of receipt of a request by the department or a member of the review committee, to evaluate and determine revisions to relevant department regulations. Existing law requires the review committee to submit a summary of those revisions to the California Health and Human Services Agency and authorizes the agency to disapprove of one or more of those revisions within 90 days of receiving them.
This bill would instead require the California Health and Human Services Agency to approve of those revisions within 90 days of receiving them from the review committee. This bill would make an additional conforming change to existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 100703 of the Health and Safety Code
2 is amended to read:
(a) On or before July 1, 2005, the department shall
4establish a review committee.
5(b) The review committee shall have eight members, including
6one person representing each of the following:
7(1) Prosecuting attorneys.
8(2) Law enforcement agencies.
9(3) Defense attorneys.
10(4) Coroners, pathologists, or medical examiners.
11(5) Criminalists.
12(6) Toxicologists.
13(7) Crime laboratory directors.
14(8) The State Department of Healthbegin insert Careend insert Services.
15(c) The review committee shall meet at least once in each
16five-year period after its initial meeting, or within 60 days of receipt
17of a request by the department or a member of the review
18committee.
19(d) The review committee shall evaluate Group 8 (commencing
20with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of
21Title 17 of the California Code of Regulations and determine
22revisions that will limit those regulations to those that the review
23committee determines are reasonably necessary to ensure the
24competence of the
laboratories and employees to prepare, analyze,
25and report the results of the tests and comply with applicable laws.
26The review committee shall submit a summary of revisions to the
27California Health and Human Services Agency.
28(e) Within 90 days of receiving the review committee’s
29revisions, the California Health and Human Services Agencybegin delete may begin insert
shall approve those
30disapprove of one or more of the revisionsend delete
31revisionsend insert.
32(f) begin delete(1)end deletebegin delete end deletebegin deleteExcept as provided in paragraph (2), the end deletebegin insertThe end insertdepartment
33shall adopt regulations pursuant to this section that shall incorporate
P3 1the review committee’s revisions. Nothing in this section shall be
2construed as exempting the regulations from the requirements of
3Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
43 of Title 2 of the Government Code.
5(2) The department shall not adopt regulations to incorporate
6any review committee revisions that were disapproved under
7subdivision (e).
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