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 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 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.begin delete 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.end delete Existing law requires the department to adopt regulations to incorporate the review committee’s revisions.
This bill would exempt laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Boardbegin delete or another accrediting agency approved by the review committeeend delete from the existing State Department of Public Health regulations described above that conflict with more stringent specified requirements that are established by the accrediting agency, until the date 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.begin delete 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.end delete
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 100700 of the Health and Safety Code
2 is amended to read:
(a) (1) Except as provided in paragraph (2),
4laboratories engaged in the performance of forensic alcohol
5analysis tests by or for law enforcement agencies on blood, urine,
6tissue, or breath for the purposes of determining the concentration
7of ethyl alcohol in persons involved in traffic accidents or in traffic
8violations shall comply with Group 8 (commencing with Section
91215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of
10the California Code of Regulations, as they exist on December 31,
112004, until the date when those regulations are revised pursuant
12to Section 100703.
13(2) (A) Laboratories that are accredited in forensic alcohol
14analysis by the American Society of Crime
Laboratory
P3 1Directors/Laboratory Accreditation Boardbegin delete or another accrediting are exempt from the requirements in Group 8
2agency approved by the review committee established pursuant to
3Section 100703end delete
4(commencing with Section 1215) of Subchapter 1 of Chapter 2 of
5Division 1 of Title 17 of the California Code of Regulations, as
6they exist on January 1, 2015, that conflict with requirements
7established by the accrediting agency, as determined by the review
8committee, when the accrediting agency requirements are:
9(i) More stringent recordkeeping requirements.
10(ii) Higher proficiency testing standards.
11(iii) Higher number of site visits and onsite inspections.
12(iv) More comprehensive training programs.
13(v) More current coursework.
14(B) The exemption identified in subparagraph (A) shall remain
15in effect until the date when the department adopts regulations that
16incorporate the review committee’s revisions pursuant to Section
17100703.
18(b) Notwithstanding subdivision (a), the department shall not
19require laboratories to be licensed.
Section 100703 of the Health and Safety Code is
21amended to read:
(a) On or before July 1, 2005, the department shall
23establish a review committee.
24(b) The review committee shall have eight members, including
25one person representing each of the following:
26(1) Prosecuting attorneys.
27(2) Law enforcement agencies.
28(3) Defense attorneys.
29(4) Coroners, pathologists, or medical examiners.
30(5) Criminalists.
31(6) Toxicologists.
32(7) Crime laboratory directors.
33(8) The State Department of Public Health.
34(c) The review committee shall meet at least once in each
35three-year period after its initial meeting, or within 60 days of
36receipt of a request by the department or a member of the review
37committee.
38(d) The review committee shall evaluate Group 8 (commencing
39with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of
40Title 17 of the California Code of Regulations and determine
P4 1revisions that will limit those regulations to those that the review
2committee determines are reasonably necessary to ensure the
3competence of the laboratories and employees to prepare, analyze,
4and report the results of the tests and comply with applicable laws.
5In
determining revisions, the review committee shall also take into
6consideration the advancement and development of scientific
7processes, including the reporting of results with an estimated
8uncertainty measurement. The review committee shall submit a
9summary of revisions to the California Health and Human Services
10Agency.
11(e) Withinbegin delete 30end deletebegin insert 90end insert days of receiving the review committee’s
12revisions, the California Health and Human Services Agency may
13disapprove of one or more of those revisions.
14(f) (1) Except as provided in paragraph (2), the department
15shall adopt regulations pursuant to this section that shall incorporate
16the review committee’s revisions. Nothing in this section
shall be
17construed as exempting the regulations from the requirements of
18Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
193 of Title 2 of the Government Code.
20(2) The department shall not adopt regulations to incorporate
21any review committee revisions that were disapproved under
22subdivision (e).
O
96