BILL NUMBER: AB 2425 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2014
INTRODUCED BY Assembly Member Quirk
FEBRUARY 21, 2014
An act to amend Section Sections 100700
and 100703 of the Health and Safety Code, relating to
laboratories.
LEGISLATIVE COUNSEL'S DIGEST
AB 2425, as amended, 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
Public Health 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 Public Health
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.
Existing law requires the department to adopt regulations to
incorporate the review committee's revisions.
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. exempt
laboratories that are accredited in forensic alcohol analysis by the
American Society of Crime Laboratory Directors/Laboratory
Accreditation Board or another accrediting agency approved by the
review committee from the existing State Department of Public Health
regulations described above until the time when the
department adopts regulations that incorporate the review committee's
revisions. The bill would instead require the review committee to
meet at least once in each 3-year period after its initial meeting
and would require the review committee, in determining revisions, to
take into consideration the advancement and development of scientific
processes, including the reporting of results with an estimated
uncertainty measurement. The bill would instead authorize the
California Health and Human Services agency to disapprove of one or
more of the review committee's revisions within 30 days of
receiving them. This
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 100700 of the Health
and Safety Code is amended to read:
100700. (a) Laboratories (1)
Except as provided in paragraph (2), laboratories
engaged 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 shall
comply with Group 8 (commencing with Section 1215) of Subchapter 1 of
Chapter 2 of Division 1 of Title 17 of the California Code of
Regulations, as they exist on December 31, 2004, until the time when
those regulations are revised pursuant to Section 100703.
(2) Laboratories that are accredited in forensic alcohol analysis
by the American Society of Crime Laboratory Directors/Laboratory
Accreditation Board or another accrediting agency approved by the
review committee established pursuant to Section 100703 shall be
exempt from the requirements in Group 8 (commencing with Section
1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the
California Code of Regulations, as they exist on January 1, 2015,
until the time when the department adopts regulations that
incorporate the review committee's revisions pursuant to Section
100703.
(b) Notwithstanding subdivision (a), the department shall not
require laboratories to be licensed.
SECTION 1. SEC. 2. 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
Public Health .
(c) The review committee shall meet at least once in each
five-year three-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. In
determining revisions, the review committee shall also take into
consideration the advancement and development of scientific
processes, including the reporting of results with an estimated
uncertainty measurement. The review committee shall submit a
summary of revisions to the California Health and Human Services
Agency.
(e) Within 90 30 days of receiving
the review committee's revisions, the California Health and Human
Services Agency shall approve those revisions
may disapprove of one or more of those revisions .
(f) The (1) Except
as provided in paragraph (2), 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).