Amended in Senate August 24, 2015

Amended in Senate May 28, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 599


Introduced by Assembly Member Bonilla

February 24, 2015


An act to amend Section 1270 of the Business and Professions Code, relating to clinical laboratories.

LEGISLATIVE COUNSEL’S DIGEST

AB 599, as amended, Bonilla. Clinical laboratories: cytotechnologists.

Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel, including cytotechnologists, by the State Department of Public Health, subject to certain exceptions. Under existing law, only a licensed cytotechnologist may perform examinations of cytological slides.

This bill would additionally authorize a licensed cytotechnologist to perform all tests and procedures pertaining to cytology, including, but not limited to, microscopic and nonmicroscopic methodologies and tests and procedures that utilize molecular or genetic methodologies that are performed on cytologic specimens related to infectious disease or cancer diagnosis, under the overall operation and administration of a laboratory directorbegin insert, subject to specified requirementsend insert.

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 1270 of the Business and Professions
2Code
is amended to read:

3

1270.  

(a) On and after January 1, 1991, no person may perform
4examinations of cytological slides without first obtaining a license
5as a cytotechnologist from the department, except that those
6persons employed by licensed clinical laboratories as
7cytotechnologists and certified as cytotechnologists by the
8department on or before January 1, 1991, shall be licensed by the
9department on or before January 1, 1993. Cytotechnologist licenses
10shall be issued and renewed by the department for periods of two
11years. This subdivision shall not apply to persons holding a valid,
12unrevoked, unsuspended physician’s and surgeon’s certificate
13issued pursuant to Chapter 5 (commencing with Section 2000).

14(b) The issuance of a cytotechnologist license shall be contingent
15upon the applicant’s satisfactory performance, as defined in
16regulation, in a competency testing program for cytotechnologists
17which may be administered by the department or by a competency
18testing service or program approved by the department. The
19competency testing program established pursuant to this section
20shall be periodically reviewed and revised by the department, if
21necessary, to ensure that the program is consistent with federal
22competency testing requirements issued under the federal Clinical
23Laboratory Improvement Amendments of 1988 (Public Law
24100-578; 42 U.S.C. Sec. 263a, Section 353 of the Public Health
25Service Act).

26(c) Notwithstanding subdivision (b), the department may issue
27a temporary cytotechnologist license to a person who satisfies the
28requirements for admission to the examination unless the person
29has failed a previous examination for a cytotechnologist license.
30A temporary license issued by the department pursuant to this
31subdivision shall be valid for a period of time not exceeding 90
32days after the date the department has adopted a competency testing
33program pursuant to subdivision (b).

34(d) The department may issue a cytotechnologist license without
35examination to an applicant who satisfies one of the following:

36(1) Passage of an examination of a national accrediting board
37whose requirements are equal to or greater than those required by
P3    1this chapter or by regulations adopted pursuant to this chapter, as
2determined by the department.

3(2) Passage of an examination of another state in which the
4requirements imposed by laws and regulations regarding the
5examination are equal to or greater than those required by this
6chapter or by regulations adopted pursuant to this chapter, as
7determined by the department.

8This subdivision shall not apply to a person who has passed an
9examination of a national accrediting board or another state prior
10to that board’s or state’s establishment of requirements which are
11equal to or greater than those required by this chapter or by
12regulations adopted pursuant to this chapter, as determined by the
13department. The department may, however, make exceptions to
14the requirements of this subdivision in cases where the department
15determines that the applicant is otherwise qualified for licensure.

16(e) The department shall not issue any temporary begin delete17 cytotechnologist’send delete begin insert cytotechnologistend insert license pursuant to subdivision
18(c) or anybegin delete cytotechnologist’send deletebegin insert cytotechnologistend insert license without
19examination pursuant to subdivision (d) after the department adopts
20a competency testing program pursuant to subdivision (b).

21(f) begin insert(1)end insertbegin insertend insert A licensed cytotechnologist may perform all tests and
22procedures pertaining to cytology, including, but not limited to,
23microscopic and nonmicroscopic methodologies and tests and
24procedures that utilize molecular or genetic methodologies, that
25are performed on cytologic specimens related to infectious disease
26or cancer diagnosis, under the overall operation and administration
27of a laboratorybegin delete director.end deletebegin insert director, who shall be a qualified
28pathologist. As used in this paragraph, a “qualified pathologist”
29means a physician and surgeon who is certified or eligible for
30certification in clinical or anatomical pathology by the American
31Board of Pathology or the American Osteopathic Board of
32Pathology.end insert

begin insert

33(2) Any tests or procedures performed by a licensed
34cytotechnologist pursuant to this subdivision shall be performed
35in a licensed clinical laboratory certified in the subspecialty of
36diagnostic cytology.

end insert


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