Amended in Assembly August 15, 2013

Amended in Assembly August 6, 2013

Amended in Senate May 28, 2013

Amended in Senate April 16, 2013

Senate Bill No. 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:

SECTION 1.  

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

125055.  

The department shall:

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

(b) (1) Develop an education program designed to educate
physicians and surgeons and the public concerning the uses of
prenatal testing and the availability of the program.

(2) (A) Include information regarding environmental health in
the California Prenatal Screening Program Prenatal Patient Booklet.
This information shall include the following statement:

 

“We encounter chemicals and other substances in everyday life
that may affect your developing fetus. Fortunately, there are steps
you can take to reduce your exposure to these potentially harmful
substances at home, in the workplace, and in the environment.
Many Californians are unaware that a number of everyday
consumer products may pose potential harm. Prospective parents
begin insert should talk to their doctor and end insert are encouraged to read more about
this topic to learn about simple actions to promote a healthy
pregnancy.”

 

(B) The department shall include in the booklet links to
educational materials derived from peer-reviewed materials relating
to environmental health and reproductive toxins. begin delete The department
shall also include in the booklet links to educational materials on
environmental health and reproductive toxins developed by the
University of California. end delete

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

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

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

(F) The department may modify the language in the booklet
after consultation with begin insert medical and scientific end insert experts in the field
of environmental health and reproductive toxins.

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

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

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

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

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

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

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

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

(B) (i) The department may adopt emergency regulations to
implement and make specific the amendments to this section made
during the 2006 portion of the 2005-06 Regular Session in
accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. For the
purposes of the Administrative Procedure Act, the adoption of
regulations shall be deemed an emergency and necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, these emergency regulations shall not be subject to the
review and approval of the Office of Administrative Law.
Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, the department shall submit these regulations directly to the
Secretary of State for filing. The regulations shall become effective
immediately upon filing by the Secretary of State. Regulations
shall be subject to public hearing within 120 days of filing with
the Secretary of State and shall comply with Sections 11346.8 and
11346.9 of the Government Code or shall be repealed.

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