California Legislature—2015–16 Regular Session

Assembly BillNo. 2892


Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Gonzalez, McCarty, and Ting)

February 29, 2016


An act to amend Section 105206 of the Health and Safety Code, relating to pesticide poisoning.

LEGISLATIVE COUNSEL’S DIGEST

AB 2892, as introduced, Committee on Environmental Safety and Toxic Materials. Pesticide poisoning.

Existing law, until January 1, 2017, requires, among other things, any laboratory that performs cholinesterase testing on human blood for an employer to enable the employer to satisfy his or her responsibilities for medical supervision of his or her employees who regularly handle pesticides pursuant to specified regulations or to respond to alleged exposure to cholinesterase inhibitors or known exposure to the inhibitors that resulted in illness, to electronically report specified information in its possession on every person tested to the Department of Pesticide Regulation, which would be required to share the information in an electronic format with the Office of Environmental Health Hazard Assessment (OEHHA) and the State Department of Public Health on an ongoing basis, as specified.

This bill would extend these provisions until January 1, 2019.

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 105206 of the Health and Safety Code
2 is amended to read:

3

105206.  

(a) A laboratory that performs cholinesterase testing
4on human blood drawn in California for an employer to enable the
5employer to satisfy his or her responsibilities for medical
6supervision of his or her employees who regularly handle pesticides
7pursuant to Section 6728 of Title 3 of the California Code of
8Regulations or to respond to alleged exposure to cholinesterase
9inhibitors or known exposure to cholinesterase inhibitors that
10resulted in illness shall report the information specified in
11subdivision (b) to the Department of Pesticide Regulation. Reports
12shall be submitted to the Department of Pesticide Regulation on,
13at a minimum, a monthly basis. For the purpose of meeting the
14requirements in subdivision (d), the reports shall be submitted via
15electronic media and formatted in a manner approved by the
16director. The Department of Pesticide Regulation shall share
17information from cholinesterase reports with thebegin delete OEHHAend deletebegin insert Office
18of Environmental Health Hazard Assessment (OEHHA)end insert
and the
19State Department of Public Health on an ongoing basis, in an
20electronic format, for the purpose of meeting the requirements of
21subdivisions (e) and (f).

22(b) The testing laboratory shall report all of the following
23information in its possession in complying with subdivision (a):

24(1) The test results in International Units per milliliter of sample
25(IU/mL).

26(2) The purpose of the test, including baseline or other periodic
27testing, pursuant to the requirements of Section 6728 of Title 3 of
28the California Code of Regulations, or evaluation of suspected
29pesticide illness.

30(3) The name of the person tested.

31(4) The date of birth of the person tested.

32(5) The name, address, and telephone number of the health care
33provider or medical supervisor who ordered the analysis.

34(6) The name, address, and telephone number of the analyzing
35laboratory.

36(7) The accession number of the specimen.

37(8) The date that the sample was collected from the patient and
38the date the result was reported.

P3    1(9) Contact information for the person tested and his or her
2employer, if known and readily available.

3(c) The medical supervisor ordering the test for a person
4pursuant to subdivision (a) shall note in the test order the purpose
5of the test, pursuant to paragraph (2) of subdivision (b), and ensure
6that the person tested receives a copy of the cholinesterase test
7results and any recommendations from the medical supervisor
8within 14 days of the medical supervisor receiving the results.

9(d) All information reported pursuant to this section shall be
10confidential, as provided in Section 100330, except that the
11OEHHA, the Department of Pesticide Regulation, and the State
12Department of Public Health may share the information for the
13purpose of surveillance, case management, investigation,
14environmental remediation, or abatement with the appropriate
15county agricultural commissioner and local health officer.

16(e) The OEHHA shall review the cholinesterase test results and
17may provide an appropriate medical or toxicological consultation
18to the medical supervisor. In addition to the duties performed
19pursuant to Section 105210, the OEHHA, in consultation with the
20Department of Pesticide Regulation and the local health officer,
21may provide medical and toxicological consultation, as appropriate,
22to the county agricultural commissioner to address medical issues
23related to the investigation of cholinesterase inhibitor-related
24illness.

25(f) By December 31, 2015, the Department of Pesticide
26Regulation and the OEHHA, in consultation with the State
27Department of Public Health, shall prepare a report on the
28effectiveness of the medical supervision program and the utility
29of laboratory-based reporting of cholinesterase testing for illness
30 surveillance and prevention. The joint report may include
31 recommendations to the Legislature that the Department of
32Pesticide Regulation and the OEHHA deem necessary. The
33Department of Pesticide Regulation and the OEHHA shall make
34the report publicly available on their Internet Web sites.

35(g) This section shall remain in effect only until January 1,begin delete 2017,end delete
36begin insert 2019,end insert and as of that date is repealed, unless a later enacted statute,
37that is enacted before January 1,begin delete 2017,end deletebegin insert 2019,end insert deletes or extends
38that date.



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