BILL NUMBER: AB 2425	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 21, 2014

   An act to amend Section 100703 of the Health and Safety Code,
relating to laboratories.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 100703 of the Health and Safety Code is amended
to read:
   100703.  (a) On or before July 1, 2005, the department shall
establish a review committee.
   (b) The review committee shall have eight members, including one
person representing each of the following:
   (1) Prosecuting attorneys.
   (2) Law enforcement agencies.
   (3) Defense attorneys.
   (4) Coroners, pathologists, or medical examiners.
   (5) Criminalists.
   (6) Toxicologists.
   (7) Crime laboratory directors.
   (8) The State Department of Health  Care  Services.
   (c) The review committee shall meet at least once in each
five-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.
   (d) The review committee shall evaluate Group 8 (commencing with
Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17
of the California Code of Regulations and determine revisions that
will limit those regulations to those that the review committee
determines are reasonably necessary to ensure the competence of the
laboratories and employees to prepare, analyze, and report the
results of the tests and comply with applicable laws. The review
committee shall submit a summary of revisions to the California
Health and Human Services Agency.
   (e) Within 90 days of receiving the review committee's revisions,
the California Health and Human Services Agency  may
disapprove of one or more of the revisions   shall
approve those revisions  .
   (f)  (1)     Except as
provided in paragraph (2), the   The  department
shall adopt regulations pursuant to this section that shall
incorporate the review committee's revisions. Nothing in this section
shall be construed as exempting the regulations from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. 
   (2) The department shall not adopt regulations to incorporate any
review committee revisions that were disapproved under subdivision
(e).