BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 599|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 599
          Author:   Bonilla (D)
          Amended:  5/28/15 in Senate
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 6/8/15
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 6/22/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Nielsen

           ASSEMBLY FLOOR:  77-0, 4/30/15 (Consent) - See last page for  
            vote

           SUBJECT:   Clinical laboratories: cytotechnologists


          SOURCE:    California Association of Cytotechnologists
                     California Society of Pathologists 


          DIGEST:  This bill expands the scope of practice for a licensed  
          cytotechnologist by authorizing the performance of all tests and  
          procedures pertaining to cytology under the supervision of a  
          laboratory director.


          ANALYSIS:   


          Existing law: 








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           1) Provides for the licensure, registration, and regulation of  
             clinical laboratories and various clinical laboratory  
             personnel, including cytotechnologists, by the California  
             Department of Public Health (DPH).  (Business and Professions  
             Code (BPC) §§ 1200-1327)


           2) Requires DPH to adopt regulations identifying the  
             modification, education, training, and examination necessary  
             whenever it determines that the specialties or subspecialties  
             authorized under an existing license category should be  
             modified.  (BPC § 1208 (a))

           3) Defines cytological slides as cellular materials submitted  
             for preliminary cytologic examination. (BPC § 1211.5)


           4) Prohibits a person from performing examinations of  
             cytological slides unless he or she has either a  
             cytotechnologist license issued by the DPH or a valid  
             physician's and surgeon's certificate. (BPC § 1270)


           5) Establishes conditions that laboratories must meet for  
             certification to perform testing on human specimens under  
             Clinical Laboratory Improvement Amendments (CLIA).  (Title  
             42, Code of Federal Regulations (CFR) § 493.1)

           6) Requires that all cytology slide preparations to be  
             evaluated on the premises of a laboratory certified to  
             conduct testing in the subspecialty of cytology and requires  
             the laboratories to establish written policies and procedures  
             for staining, error controls, workload limits, slide  
             retention, automated and semi-automated screening devices,  
             and documentation.  (42 CFR § 493.1274)


           7) Requires a cytotechnologist to document: 


              a)    The slide interpretation results of each gynecologic  
                and nongynecologic cytology case he or she examined or  
                reviewed.







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              b)    For each 24-hour period, the total number of slides  
                examined or reviewed in the laboratory as well as the  
                total number of slides examined or reviewed in any other  
                laboratory or for any other employer.


              c)    The number of hours spent examining slides in each  
                24-hour period. 


              (42 CFR § 493.1485) 
           8) Requires a lab to establish and follow written policies and  
             procedures for a program designed to detect errors in the  
             performance of cytologic examinations and the reporting of  
             results.  (42 CFR 493.1274 (c))


           9) Requires a lab to establish and follow written policies and  
             procedures that ensure that the technical supervisor  
             establishes a maximum workload limit for each individual who  
             performs primary screening, and reassesses each 


           individual's workload limit at least every six months and  
             adjust when necessary.  (42 CFR 493.1274 (d))

           10)Requires the DPH to establish standards for the evaluation  
             of cytological slides and for reporting the adequacy of  
             cytological slides.  (BPC § 1272.4)

          This bill:

          1) Authorizes 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  
             director.

          2) Makes technical and clarifying changes.







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          Background

          Cytotechnology and Cytotechnologists.  Cytotechnology is the  
          microscopic study of cells for evidence of disease, such as  
          cancer.  Many other conditions, including viral and bacterial  
          infections, also are identified using cytological techniques.   
          The field is perhaps best known for the Pap test, an evaluation  
          of cells from the uterine cervix, but cytotechnology techniques  
          can identify precancerous or cancer cells in virtually any area  
          of the body.

          Cytotechnologists are licensed by Laboratory Field Services, a  
          division of the DPH.  To qualify for licensure, an applicant  
          must have a baccalaureate degree from an accredited college or  
          university, with 20 semester hours of biological science,  eight  
          semester hours of chemistry, and  three semester hours of math;  
          complete a 12-month accredited cytotechnology program; and pass  
          the American Society for Clinical Pathology Board of Registry  
          examination in cytology.  There are approximately 800 licensed  
          cytotechnologists in California.  

          Cytotechnologists typically work in hospital laboratories,  
          universities, and private laboratories and perform processing  
          and microscopic review of various sample types to identify  
          pathologic conditions, particularly cancer.  The primary  
          cytotechnologist workload is review of cervical smears (Pap  
          test) to detect cervical cancer.  Cytotechnologists work under  
          the supervision of a laboratory director.  

          Scope of Practice.  Current law limits the type of tests a  
          cytotechnologist can perform because the underlying statute  
          authorizing their scope refers to "slides."  New technological  
          advances have resulted in non-slide based tests and techniques,  
          which are currently prohibited.  Statutes related to the scope  
          of practice for a cytotechnologist have not been updated since  
          1991.  
            
          According to the author, statutory limitations on practice are  
          causing cytotechnologists to leave the state.  "California has  
          only two approved cytotechnology training programs, University  
          of California and Loma Linda University (LLU), and both of them  
          have pared back substantially their programs in recent years.   
          In fact, LLU currently has no enrolled students.  Moreover, it  







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          is our understanding that many of these program's recent  
          graduates are now following their colleagues in seeking careers  
          outside of California.  This workforce pipeline setback is  
          compounded by a recruitment problem faced by California  
          laboratories in that the flawed state law makes it very  
          difficult to license laboratory professionals trained in other  
          states."  

          While current law requires the DPH to adopt regulations whenever  
          it determines that the specialties or subspecialties authorized  
          under an existing license category should be modified, the  
          author states that an effort to update cytotechnologist  
          regulations has been stalled for more than four years.   
          Additionally, it is unclear whether regulations would be  
          sufficient to change a cytotechnologist's duties because the  
          authorizing statute refers specifically to "slides." 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee:

           One-time costs of about $120,000 per year for two years to  
            develop and adopt regulations regarding training standards and  
            the scope of practice for cytotechnologists by the DPH  
            (Clinical Laboratory Improvement Fund).  Those costs will be  
            covered by licensing fee revenues.

           Minor ongoing costs to license cytotechnologists and enforce  
            the revised standards by the DPH (Clinical Laboratory  
            Improvement Fund).


          SUPPORT:   (Verified6/24/15)


          California Association of Cytotechnologists (co-source)
          California Society of Pathologists (co-source)
          American Society for Clinical Pathology
          American Society of Cytopathology
          California Clinical Laboratory Association
          California Hospital Association 
          Numerous individuals








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          OPPOSITION:   (Verified6/24/15)


          Engineers and Scientists of California

          ARGUMENTS IN SUPPORT:  The California Association of  
          Cytotechnologists write, "The current regulations [governing the  
          practice of cytotechnologists] were adopted in 1991.  Since that  
          time, dramatic advances in medicine and indeed cytopathology  
          have taken place.  HPV testing, which accompanies Pap smear  
          testing has become the standard of care for cervical cancer  
          surveillance.  Fluorescent in situ hybridization (FISH) and  
          other molecular prognostic laboratory tests are rapidly  
          developing.  The cytotechnology programs across the country have  
          also changed their curriculum to teach these new technologies.   
          Unfortunately, these outdated regulations have crippled the  
          cytotechnology community in California, leading to a loss of  
          talented educated cytotechnologists."

          The California Hospital Association writes, "[Existing law] is  
          exacerbating an existing laboratory personnel workforce shortage  
          as many cytotechnologists trained in California are moving out  
          of state where they can practice to the full extent of their  
          education and training.  In addition, in order to comply with  
          this antiquated state statute, laboratories are sending tissues  
          out of state to be tested.  Valuable health care personnel and  
          services are being driven out of California, even though  
          cytotechnologist's education and training in California schools  
          includes these testing techniques."


          ARGUMENTS IN OPPOSITION:      The Engineers and Scientists of  
          California express concerns that "AB 599 may have unintended  
          negative patient impacts.  While some recently licensed  
          cytotechnologists may have the requisite education to have this  
          expanded scope of practice, the bill does not contain any  
          requirements that would ensure that the proper education and  
          training has occurred?. At the very least, the bill should be  
          amended to apply to only those who meet the 2013 education  
          standards."


          ASSEMBLY FLOOR:  77-0, 4/30/15







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          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Campos, Chávez, Gomez

          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
          6/24/15 16:24:15


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