SB 460, as amended, 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 requirebegin delete 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.end deletebegin insert the department to include prescribed information regarding environmental health to the
California Prenatal Screening Program Prenatal Patient Booklet and to post that information on the department’s Internet Web site. This bill would require the department to send a notice to obstetrician-gynecologists that informs them of the change to the booklet and encourages them to discuss environmental health with their patients.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 125055 of the Health and Safety Code
2 is amended to read:
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.
8(b) (1) Develop an education program designed to educate
9physicians and surgeons and the public concerning the uses of
10prenatal testing and the availability of the program.
11(2) This education program shall include information concerning
12the importance of avoiding consumer products that contain
13
chemicals that are known to be harmful to reproductive health.
14(2) (A) Include information regarding environmental health in
15the California Prenatal Screening Program Prenatal Patient
16Booklet. This information shall include, but not be limited to, the
17following statement:
18
end insertbegin insert
19“We encounter chemicals and other substances in everyday life
20that may be harmful to a developing fetus. Fortunately, there are
21steps you can take to reduce your exposure to these substances at
22home, in the workplace, and in the environment. Most Californians
23are unaware that a number of everyday consumer products, even
24when used as directed, pose potential harm.
Prospective parents
25are encouraged to read more about this topic to learn about simple
26actions to ensure a healthy pregnancy.”
27
end insertbegin insert
28(B) The department shall include in the booklet links to Internet
29Web sites and informational brochures relating to environmental
30health, including, but not limited to, the University of California,
31San Francisco Program on Reproductive Health and the
32Environment informational brochures, which include the following:
33(i) The “Toxic Matters” brochure at
34
http://prhe.ucsf.edu/prhe/pdfs/toxicmatters_readable.pdf
35(ii) The “Work Matters” brochure at
36http://prhe.ucsf.edu/prhe/pdfs/WorkMattersBrochure_readable.pdf
37(iii) The “Pesticides Matter” brochure at
38http://prhe.ucsf.edu/prhe/pdfs/pesticidesmatter_readable.pdf
P3 1(C) The department shall post the information described in
2subparagraphs (A) and (B) on its Internet Web site.
3(D) The department shall send a notice to all
4obstetrician-gynecologists informing them of the change to the
5booklet. In the notice, the department shall encourage
6obstetrician-gynecologists to discuss environmental health with
7their patients and to direct their patients to the appropriate page
8or pages in the booklet to provide their patients with additional
9information.
10(c) Ensure that genetic counseling be given in conjunction with
11prenatal testing at the approved prenatal diagnosis centers.
12(d) Designate sufficient prenatal diagnosis centers to meet the
13need for these services. Prenatal diagnosis centers shall have
14equipment and staff trained and capable of providing genetic
15counseling and performing prenatal diagnostic procedures and
16tests, including the
interpretation of the results of the procedures
17and tests.
18(e) Administer a program of subsidy grants for approved
19nonprofit prenatal diagnosis centers. The subsidy grants shall be
20awarded based on the reported number of low-income women
21referred to the center, the number of prenatal diagnoses performed
22in the previous year at that center, and the estimated size of unmet
23need for prenatal diagnostic procedures and tests in its service
24area. This subsidy shall be in addition to fees collected under other
25state programs.
26(f) Establish any rules, regulations, and standards for prenatal
27diagnostic testing and the allocation of subsidies as the director
28deems necessary to promote and protect the public health and
29safety and to implement the Hereditary Disorders Act (Section
3027).
31(g) (1) The department shall expand prenatal screening to
32include all tests that meet or exceed the current standard of care
33as recommended by nationally recognized medical or genetic
34organizations, including, but not limited to, inhibin.
35(2) The prenatal screening fee increase for expanding prenatal
36screening to include those tests described in paragraph (1) is forty
37dollars ($40).
38(3) The department shall report to the Legislature regarding the
39progress of the program with regard to implementing prenatal
40screening for those tests described in paragraph (1) on or before
P4 1July 1, 2007. The report shall include the costs of screening,
2followup, and treatment as compared to costs and morbidity averted
3
by this testing under the program.
4(4) (A) The expenditure of funds from the Genetic Disease
5Testing Fund for the expansion of the Genetic Disease Branch
6Screening Information System to include the expansion of prenatal
7screenings, pursuant to paragraph (1), may be implemented through
8the amendment of the Genetic Disease Branch Screening
9
Information System contracts, and shall not be subject to Chapter
102 (commencing with Section 10290) or Chapter 3 (commencing
11with Section 12100) of Part 2 of Division 2 of the Public Contract
12Code, Article 4 (commencing with Section 19130) of Chapter 5
13of Part 2 of Division 5 of Title 2 of the Government Code, or
14Sections 4800 to 5180, inclusive, of the State Administrative
15Manual as they relate to approval of information technology
16projects or approval of increases in the duration or costs of
17information technology projects. This paragraph shall apply to the
18design, development, and implementation of the expansion, and
19to the maintenance and operation of the Genetic Disease Branch
20Screening Information System, including change requests, once
21the expansion is implemented.
22(B) (i) The department may adopt
emergency regulations to
23implement and make specific the amendments to this section made
24during the 2006 portion of the 2005-06 Regular Session in
25accordance with Chapter 3.5 (commencing with Section 11340)
26of Part 1 of Division 3 of Title 2 of the Government Code. For the
27purposes of the Administrative Procedure Act, the adoption of
28regulations shall be deemed an emergency and necessary for the
29immediate preservation of the public peace, health and safety, or
30general welfare. Notwithstanding Chapter 3.5 (commencing with
31Section 11340) of Part 1 of Division 3 of Title 2 of the Government
32 Code, these emergency regulations shall not be subject to the
33review and approval of the Office of Administrative Law.
34Notwithstandingbegin delete Sectionend deletebegin insert Sectionsend insert
11346.1 andbegin delete Sectionend delete 11349.6
35of the Government Code, the department shall submit these
36regulations directly to the Secretary of State for filing. The
37regulations shall become effective immediately upon filing by the
38Secretary of State. Regulations shall be subject to public hearing
39within 120 days of filing with the Secretary of State and shall
P5 1comply with Sections 11346.8 and 11346.9 of the Government
2Code or shall be repealed.
3(ii) The Office of Administrative Law shall provide for the
4printing and publication of these regulations in the California Code
5of Regulations. Notwithstanding Chapter 3.5 (commencing with
6Section 11340) of Part 1 of Division 3 of Title 2 of the Government
7Code, the regulations adopted pursuant to this chapter shall not be
8repealed
by the Office of Administrative Law and shall remain in
9effect until revised or repealed by the department.
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98