BILL NUMBER: SB 460 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY AUGUST 15, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 16, 2013
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
patient educational information, and to post that
environmental health information on the department's Internet
Web site. This bill would require the department to send a notice to
all distributors of the booklet patient
educational information that informs them of the
change to the booklet change to that information,
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 patient educational information . This
environmental health 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 should talk to their
doctor and 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
patient educational information links to educational
materials derived from peer-reviewed materials based on the best
available evidence relating to environmental health and reproductive
toxins.
(C) The department shall post the environmental health
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 patient educational information
informing them of the change to the booklet
that information . 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
patient educational information to provide their patients
with additional information.
(E) In order to minimize costs, the environmental health
information described in this paragraph shall be included when
the booklet patient educational information
is otherwise revised and reprinted.
(F) The department may modify the language in the booklet
patient educational information after
consultation with medical and scientific 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.