Amended in Assembly August 6, 2013

Amended in Senate May 28, 2013

Amended in Senate April 16, 2013

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 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 require the department to include prescribed information regarding environmental health in 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 all distributors of the booklet that informs them of the change to the booklet and encourages obstetrician-gynecologists and midwives to discuss environmental health with their patients.

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

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

P2    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.

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) (A) Include information regarding environmental health in
12the California Prenatal Screening Program Prenatal Patient Booklet.
13This information shallbegin delete include, but not be limited to,end deletebegin insert includeend insert the
14following statement:

15

16“We encounter chemicals and other substances in everyday life
17begin delete that may be harmful to aend deletebegin insert that may affect yourend insert developing fetus.
18Fortunately, there are steps you can take to reduce your exposure
19to thesebegin insert potentially harmfulend insert substances at home, in the workplace,
20and in the environment.begin delete Mostend deletebegin insert Manyend insert Californians are unaware that
21a number of everyday consumer products may pose potential harm.
22Prospective parents are encouraged to read more about this topic
23to learn about simple actions tobegin delete ensureend deletebegin insert promoteend insert a healthy
24pregnancy.”

25

26(B) The department shall include in the booklet links tobegin delete Internet
27Web sites and to informational brochures relating to environmental
28health, including, but not limited to, the “All That Matters”
29brochures from the University of California, San Francisco
30Program on Reproductive Health and the Environmentend delete
begin insert educational
31materials derived from peer-reviewed materials relating to
32environmental health and reproductive toxins. The department
33shall also include in the booklet links to educational materials on
34environmental health and reproductive toxins developed by the
35University of Californiaend insert
.

36(C) The department shall post the information described in
37subparagraphs (A) and (B) on its Internet Web site.

P3    1(D) The department shall send a notice to all distributors of the
2booklet informing them of the change to the booklet. In the notice,
3the department shall encourage obstetrician-gynecologists and
4midwives to discuss environmental health with their patients and
5to direct their patients to the appropriate page or pages in the
6booklet to provide their patients with additional information.

7(E) In order to minimize costs, the information described in this
8paragraph shall be included when the booklet is otherwise revised
9and reprinted.

begin insert

10(F) The department may modify the language in the booklet
11after consultation with experts in the field of environmental health
12and reproductive toxins.

end insert

13(c) Ensure that genetic counseling be given in conjunction with
14prenatal testing at the approved prenatal diagnosis centers.

15(d) Designate sufficient prenatal diagnosis centers to meet the
16need for these services. Prenatal diagnosis centers shall have
17equipment and staff trained and capable of providing genetic
18counseling and performing prenatal diagnostic procedures and
19tests, including the interpretation of the results of the procedures
20and tests.

21(e) Administer a program of subsidy grants for approved
22nonprofit prenatal diagnosis centers. The subsidy grants shall be
23awarded based on the reported number of low-income women
24referred to the center, the number of prenatal diagnoses performed
25in the previous year at that center, and the estimated size of unmet
26need for prenatal diagnostic procedures and tests in its service
27area. This subsidy shall be in addition to fees collected under other
28state programs.

29(f) Establish any rules, regulations, and standards for prenatal
30diagnostic testing and the allocation of subsidies as the director
31deems necessary to promote and protect the public health and
32safety and to implement the Hereditary Disorders Act (Section
3327).

34(g) (1) The department shall expand prenatal screening to
35include all tests that meet or exceed the current standard of care
36as recommended by nationally recognized medical or genetic
37organizations, including, but not limited to, inhibin.

38(2) The prenatal screening fee increase for expanding prenatal
39screening to include those tests described in paragraph (1) is forty
40dollars ($40).

P4    1(3) The department shall report to the Legislature regarding the
2progress of the program with regard to implementing prenatal
3screening for those tests described in paragraph (1) on or before
4July 1, 2007. The report shall include the costs of screening,
5followup, and treatment as compared to costs and morbidity averted
6 by this testing under the program.

7(4) (A) The expenditure of funds from the Genetic Disease
8Testing Fund for the expansion of the Genetic Disease Branch
9Screening Information System to include the expansion of prenatal
10screenings, pursuant to paragraph (1), may be implemented through
11the amendment of the Genetic Disease Branch Screening
12 Information System contracts, and shall not be subject to Chapter
132 (commencing with Section 10290) or Chapter 3 (commencing
14with Section 12100) of Part 2 of Division 2 of the Public Contract
15Code, Article 4 (commencing with Section 19130) of Chapter 5
16of Part 2 of Division 5 of Title 2 of the Government Code, or
17Sections 4800 to 5180, inclusive, of the State Administrative
18Manual as they relate to approval of information technology
19projects or approval of increases in the duration or costs of
20information technology projects. This paragraph shall apply to the
21design, development, and implementation of the expansion, and
22to the maintenance and operation of the Genetic Disease Branch
23Screening Information System, including change requests, once
24the expansion is implemented.

25(B) (i) The department may adopt emergency regulations to
26implement and make specific the amendments to this section made
27during the 2006 portion of the 2005-06 Regular Session in
28accordance with Chapter 3.5 (commencing with Section 11340)
29of Part 1 of Division 3 of Title 2 of the Government Code. For the
30purposes of the Administrative Procedure Act, the adoption of
31regulations shall be deemed an emergency and necessary for the
32immediate preservation of the public peace, health and safety, or
33general welfare. Notwithstanding Chapter 3.5 (commencing with
34Section 11340) of Part 1 of Division 3 of Title 2 of the Government
35Code, these emergency regulations shall not be subject to the
36review and approval of the Office of Administrative Law.
37Notwithstanding Sections 11346.1 and 11349.6 of the Government
38Code, the department shall submit these regulations directly to the
39Secretary of State for filing. The regulations shall become effective
40immediately upon filing by the Secretary of State. Regulations
P5    1shall be subject to public hearing within 120 days of filing with
2the Secretary of State and shall comply with Sections 11346.8 and
311346.9 of the Government Code or shall be repealed.

4(ii) The Office of Administrative Law shall provide for the
5printing and publication of these regulations in the California Code
6of Regulations. Notwithstanding Chapter 3.5 (commencing with
7Section 11340) of Part 1 of Division 3 of Title 2 of the Government
8Code, the regulations adopted pursuant to this chapter shall not be
9repealed by the Office of Administrative Law and shall remain in
10effect until revised or repealed by the department.



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