Senate BillNo. 460


Introduced by Senator Pavley

February 21, 2013


An act to amend Section 125055 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

SB 460, as introduced, Pavley. Prenatal testing program: education.

Existing law imposes various responsibilities upon the State Department of Public Health and prenatal care providers with respect to prenatal care, screening, and counseling. Existing law requires the department to develop an education program designed to educate physicians and surgeons and the public concerning the uses of prenatal testing and the availability of the prenatal testing program.

This bill would require that education program to include information concerning the importance of avoiding consumer products that contain chemicals that are known to be harmful to reproductive health.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 125055 of the Health and Safety Code
2 is amended to read:

3

125055.  

The department shall:

4(a) Establish criteria for eligibility for the prenatal testing
5program. Eligibility shall include definition of conditions and
6circumstances that result in a high risk of a detectable genetic
7disorder or birth defect.

P2    1(b) begin insert(1)end insertbegin insertend insert Develop an education program designed to educate
2physicians and surgeons and the public concerning the uses of
3prenatal testing and the availability of the program.

begin insert

4(2) This education program shall include information
5concerning the importance of avoiding consumer products that
6contain chemicals that are known to be harmful to reproductive
7health.

end insert

8(c) Ensure that genetic counseling be given in conjunction with
9prenatal testing at the approved prenatal diagnosis centers.

10(d) Designate sufficient prenatal diagnosis centers to meet the
11need for these services. Prenatal diagnosis centers shall have
12equipment and staff trained and capable of providing genetic
13counseling and performing prenatal diagnostic procedures and
14tests, including the interpretation of the results of the procedures
15and tests.

16(e) Administer a program of subsidy grants for approved
17nonprofit prenatal diagnosis centers. The subsidy grants shall be
18awarded based on the reported number of low-income women
19referred to the center, the number of prenatal diagnoses performed
20in the previous year at that center, and the estimated size of unmet
21need for prenatal diagnostic procedures and tests in its service
22area. This subsidy shall be in addition to fees collected under other
23state programs.

24(f) Establish any rules, regulations, and standards for prenatal
25diagnostic testing and the allocation of subsidies as the director
26deems necessary to promote and protect the public health and
27safety and to implement the Hereditary Disorders Act (Section
2827).

29(g) (1) The department shall expand prenatal screening to
30include all tests that meet or exceed the current standard of care
31as recommended by nationally recognized medical or genetic
32organizations, including, but not limited to, inhibin.

33(2) The prenatal screening fee increase for expanding prenatal
34screening to include those tests described in paragraph (1) is forty
35dollars ($40).

36(3) The department shall report to the Legislature regarding the
37progress of the program with regard to implementing prenatal
38screening for those tests described in paragraph (1) on or before
39July 1, 2007. The report shall include the costs of screening,
P3    1followup, and treatment as compared to costs and morbidity averted
2by this testing under the program.

3(4) (A) The expenditure of funds from the Genetic Disease
4Testing Fund for the expansion of the Genetic Disease Branch
5Screening Information System to include the expansion of prenatal
6screenings, pursuant to paragraph (1), may be implemented through
7the amendment of the Genetic Disease Branch Screening
8 Information System contracts, and shall not be subject to Chapter
92 (commencing with Section 10290) or Chapter 3 (commencing
10with Section 12100) of Part 2 of Division 2 of the Public Contract
11Code, Article 4 (commencing with Section 19130) of Chapter 5
12of Part 2 of Division 5 of Title 2 of the Government Code, or
13Sections 4800 to 5180, inclusive, of the State Administrative
14Manual as they relate to approval of information technology
15projects or approval of increases in the duration or costs of
16information technology projects. This paragraph shall apply to the
17design, development, and implementation of the expansion, and
18to the maintenance and operation of the Genetic Disease Branch
19Screening Information System, including change requests, once
20the expansion is implemented.

21(B) (i) The department may adopt emergency regulations to
22implement and make specific the amendments to this section made
23during the 2006 portion of the 2005-06 Regular Session in
24accordance with Chapter 3.5 (commencing with Section 11340)
25of Part 1 of Division 3 of Title 2 of the Government Code. For the
26purposes of the Administrative Procedure Act, the adoption of
27regulations shall be deemed an emergency and necessary for the
28immediate preservation of the public peace, health and safety, or
29general welfare. Notwithstanding Chapter 3.5 (commencing with
30Section 11340) of Part 1 of Division 3 of Title 2 of the Government
31Code, these emergency regulations shall not be subject to the
32review and approval of the Office of Administrative Law.
33Notwithstanding Section 11346.1 and Section 11349.6 of the
34Government Code, the department shall submit these regulations
35directly to the Secretary of State for filing. The regulations shall
36become effective immediately upon filing by the Secretary of State.
37Regulations shall be subject to public hearing within 120 days of
38filing with the Secretary of State and shall comply with Sections
3911346.8 and 11346.9 of the Government Code or shall be repealed.

P4    1(ii) The Office of Administrative Law shall provide for the
2printing and publication of these regulations in the California Code
3of Regulations. Notwithstanding Chapter 3.5 (commencing with
4Section 11340) of Part 1 of Division 3 of Title 2 of the Government
5Code, the regulations adopted pursuant to this chapter shall not be
6repealed by the Office of Administrative Law and shall remain in
7effect until revised or repealed by the department.



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