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 Programbegin delete Prenatal Patient Bookletend deletebegin insert patient educational information,end insert and to post thatbegin insert
environmental healthend insert information on the department’s Internet Web site. This bill would require the department to send a notice to all distributors of thebegin delete bookletend deletebegin insert patient educational informationend insert that informs them of thebegin delete change to the bookletend deletebegin insert change to that information,end insert 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 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) (A) Include information regarding environmental health in
12the California Prenatal Screening Programbegin delete Prenatal Patient Bookletend delete
13begin insert
patient educational informationend insert. Thisbegin insert environmental healthend insert
14 information shall include the following statement:
15
16“We encounter chemicals and other substances in everyday life
17that may affect your developing fetus. Fortunately, there are steps
18you can take to reduce your exposure to these potentially harmful
19substances at home, in the workplace, and in the environment.
20Many Californians are unaware that a number of everyday
21consumer products may pose potential harm. Prospective parents
22should talk to their doctor and are encouraged to read more about
23this topic to learn about simple actions to promote a healthy
24pregnancy.”
25
26(B) The
department shall include in thebegin delete bookletend deletebegin insert patient
27educational informationend insert links to educational materials derived
28from peer-reviewed materials based on the best available evidence
29relating to environmental health and reproductive toxins.
30(C) The department shall post thebegin insert environmental healthend insert
31 information described in subparagraphs (A) and (B) on its Internet
32Web site.
P3 1(D) The department shall send a notice to all distributors of the
2begin delete bookletend deletebegin insert
patient educational informationend insert informing them of the
3change tobegin delete the bookletend deletebegin insert
that informationend insert. In the notice, the
4department shall encourage obstetrician-gynecologists and
5midwives to discuss environmental health with their patients and
6to direct their patients to the appropriate page or pages in the
7begin delete bookletend deletebegin insert patient educational informationend insert to provide their patients
8with additional information.
9(E) In order to minimize costs, thebegin insert environmental healthend insert
10 information described in this paragraph shall be included when
11thebegin delete bookletend deletebegin insert
patient educational informationend insert is otherwise revised
12and reprinted.
13(F) The department may modify the language in thebegin delete bookletend delete
14begin insert patient educational informationend insert after consultation with medical
15and scientific experts in the field of environmental health and
16reproductive toxins.
17(c) Ensure that genetic counseling be given in conjunction with
18prenatal testing at the approved prenatal diagnosis centers.
19(d) Designate sufficient prenatal diagnosis centers to meet the
20need for these services. Prenatal diagnosis centers shall have
21equipment and staff trained and capable of providing genetic
22
counseling and performing prenatal diagnostic procedures and
23tests, including the interpretation of the results of the procedures
24and tests.
25(e) Administer a program of subsidy grants for approved
26nonprofit prenatal diagnosis centers. The subsidy grants shall be
27awarded based on the reported number of low-income women
28referred to the center, the number of prenatal diagnoses performed
29in the previous year at that center, and the estimated size of unmet
30need for prenatal diagnostic procedures and tests in its service
31area. This subsidy shall be in addition to fees collected under other
32state programs.
33(f) Establish any rules, regulations, and standards for prenatal
34diagnostic testing and the allocation of subsidies as the director
35deems necessary to promote and protect the public health and
36safety and to implement the Hereditary Disorders Act (Section
3727).
38(g) (1) The department shall expand prenatal screening to
39include all tests that meet or exceed the current standard of care
P4 1as recommended by nationally recognized medical or genetic
2organizations, including, but not limited to, inhibin.
3(2) The prenatal screening fee increase for expanding prenatal
4screening to include those tests described in paragraph (1) is forty
5dollars ($40).
6(3) The department shall report to the Legislature regarding the
7progress of the program with regard to implementing prenatal
8screening for those tests described in paragraph (1) on or before
9July 1, 2007. The report shall include the costs of screening,
10followup, and treatment as compared to costs and morbidity averted
11by this testing under the program.
12(4) (A) The expenditure of funds from the Genetic Disease
13Testing Fund for the expansion of the Genetic Disease Branch
14Screening Information System to include the expansion of prenatal
15screenings, pursuant to paragraph (1), may be implemented through
16the amendment of the Genetic Disease Branch Screening
17Information System contracts, and shall not be subject to Chapter
182 (commencing with Section 10290) or Chapter 3 (commencing
19with Section 12100) of Part 2 of Division 2 of the Public Contract
20Code, Article 4 (commencing with Section 19130) of Chapter 5
21of Part 2 of Division 5 of Title 2 of the Government Code, or
22Sections 4800 to 5180, inclusive, of the State Administrative
23Manual as they relate to approval of information technology
24projects or approval of increases in the duration or costs of
25information technology projects. This paragraph shall apply to the
26design, development, and implementation of the expansion, and
27to the maintenance and operation of the Genetic Disease
Branch
28Screening Information System, including change requests, once
29the expansion is implemented.
30(B) (i) The department may adopt emergency regulations to
31implement and make specific the amendments to this section made
32during the 2006 portion of the 2005-06 Regular Session in
33accordance with Chapter 3.5 (commencing with Section 11340)
34of Part 1 of Division 3 of Title 2 of the Government Code. For the
35purposes of the Administrative Procedure Act, the adoption of
36regulations shall be deemed an emergency and necessary for the
37immediate preservation of the public peace, health and safety, or
38general welfare. Notwithstanding Chapter 3.5 (commencing with
39Section 11340) of Part 1 of Division 3 of Title 2 of the Government
40Code, these emergency regulations shall not be subject to the
P5 1review and approval of the Office of Administrative Law.
2Notwithstanding Sections 11346.1 and 11349.6 of the Government
3Code, the department shall
submit these regulations directly to the
4Secretary of State for filing. The regulations shall become effective
5immediately upon filing by the Secretary of State. Regulations
6shall be subject to public hearing within 120 days of filing with
7the Secretary of State and shall comply with Sections 11346.8 and
811346.9 of the Government Code or shall be repealed.
9(ii) The Office of Administrative Law shall provide for the
10printing and publication of these regulations in the California Code
11of Regulations. Notwithstanding Chapter 3.5 (commencing with
12Section 11340) of Part 1 of Division 3 of Title 2 of the Government
13Code, the regulations adopted pursuant to this chapter shall not be
14repealed by the Office of Administrative Law and shall remain in
15effect until revised or repealed by the department.
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