Amended in Senate June 16, 2016

Amended in Assembly May 27, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2892


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

(Coauthor: Assembly Member 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 amended, 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 Pesticidebegin delete Regulation, which would beend deletebegin insert Regulation. The department isend insert 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 thesebegin delete provisionsend deletebegin insert requirementsend insert until January 1,begin delete 2019.end deletebegin insert 2021. The bill wouldend insertbegin insert require that an employer satisfying his or her responsibilities for medical supervision of employees who regularly handle pesticides contract with a medical supervisor registered with the OEHHA. The bill would require the OEHHA to establish a procedure for registering and deregistering medical supervisors and to establish requirements for their performance. The bill would additionally make specified changes to the information a testing laboratory is required to report to the Department of Pesticide Regulation.end 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 105206 of the Health and Safety Code
2 is amended to read:

3

105206.  

(a) begin deleteA laboratory that performs cholinesterase testing
4on human blood drawn in California for an employer to enable the end delete

5begin insertIn order for an end insertemployer to satisfy his or her responsibilities for
6medical supervision of his or her employees who regularly handle
7pesticides pursuant to Section 6728 of Title 3 of the California
8Code of Regulations or to respond to alleged exposure to
9cholinesterase inhibitors or known exposure to cholinesterase
10inhibitors that resulted inbegin delete illnessend deletebegin insert illness, the employer shall contract
11with a medical supervisor registered with the Office of
12Environmental Health Hazard Assessment (OEHHA).end insert

13begin insert(b)end insertbegin insertend insertbegin insertA testing laboratoryend insert shall report the information specified
14in subdivisionbegin delete (b)end deletebegin insert (c)end insert to the Department of Pesticide Regulation.
15Reports shall be submitted to the Department of Pesticide
16Regulation on, at a minimum, a monthly basis. For the purpose of
17meeting the requirements in subdivisionbegin delete (d),end deletebegin insert (e),end insert the reports shall
18be submitted via electronic media and formatted in a manner
19approved by the director. The Department of Pesticide Regulation
20shall share information from cholinesterase reports with the Office
21of Environmental Health Hazard Assessment (OEHHA) and the
22State Department of Public Health on an ongoing basis, in an
23electronic format, for the purpose of meeting the requirements of
24subdivisionsbegin delete (e)end deletebegin insert (f)end insert andbegin delete (f).end deletebegin insert (g).end insert

begin delete

25(b)

end delete

P3    1begin insert(c)end insert The testing laboratory shall report all of the following
2information in its possession in complying with subdivision (a):

3(1)  The test results in International Units per milliliter of sample
4(IU/mL).

5(2)  The purpose of the test, including baseline or other periodic
6testing, pursuant to the requirements of Section 6728 of Title 3 of
7the California Code of Regulations, or evaluation of suspected
8pesticide illness.

9(3)  The name of the person tested.

10(4)  The date of birth of the person tested.

11(5) The name, address, and telephone number of the health care
12provider or medical supervisor who ordered the analysis.

13(6) The name, address, and telephone number of the analyzing
14laboratory.

begin delete

15(7) The accession number of the specimen.

end delete
begin delete

16(8)

end delete

17begin insert(7)end insert The date that the sample was collected from the person and
18 the date the result was reported.

begin delete

19(9)

end delete

20begin insert(8)end insert Contact information for the person tested and his or her
21employer, if known and readily available.

begin delete

22(c)

end delete

23begin insert(d)end insert Thebegin insert registeredend insert medical supervisor orderingbegin delete theend deletebegin insert a
24cholinesteraseend insert
test for a person pursuant to subdivision (a) shall
25note in the test order the purpose of the test, pursuant to paragraph
26(2) of subdivisionbegin delete (b),end deletebegin insert (c),end insert and ensure that the person testedbegin delete receivesend delete
27begin insert and the employer receiveend insert a copy of the cholinesterase test results
28and any recommendations from the medical supervisorbegin insert based upon
29those resultsend insert
within 14 days of the medicalbegin delete supervisor receiving
30the results.end delete
begin insert supervisor’s receipt of the results. The medical
31supervisor shall report any worker with cholinesterase depression,
32beyond the threshold defined by Section 6728 of Title 3 of the
33California Code of Regulations, to the local health officer pursuant
34to Section 105200.end insert

begin delete

35(d)

end delete

36begin insert(e)end insert All information reported pursuant to this section shall be
37confidential, as provided in Section 100330, except that the
38OEHHA, the Department of Pesticide Regulation, and the State
39Department of Public Health may share the information for the
40purpose of surveillance, case management, investigation,
P4    1environmental remediation, or abatement with the appropriate
2county agricultural commissioner and local health officer.

begin delete

3(e)

end delete

4begin insert(f)end insert The OEHHA shallbegin insert establish a procedure for registering and
5deregistering medical supervisors for the purposes of outreach
6and training and may establish reasonable requirements for
7 performance. The OEHHA shallend insert
review the cholinesterase test
8results and may provide an appropriate medical or toxicological
9consultation to the medical supervisor. In addition to the duties
10performed pursuant to Section 105210, the OEHHA, in consultation
11with the Department of Pesticide Regulation and the local health
12officer, may provide medical and toxicological consultation, as
13appropriate, to the county agricultural commissioner to address
14medical issues related to the investigation of cholinesterase
15inhibitor-related illness.

begin delete

16(f) By December 31, 2015, the

end delete

17begin insert(g)end insertbegin insertend insertbegin insertTheend insert Department of Pesticide Regulation and thebegin delete OEHHA,
18in consultation with the State Department of Public Health, shall
19prepare a reportend delete
begin insert OEHHA shall prepare and publicly post an updateend insert
20 on the effectiveness of the medical supervision program and the
21utility of laboratory-based reporting of cholinesterase testing for
22illness surveillance and begin delete prevention. The joint report may include
23 recommendations to the Legislature that the Department of
24Pesticide Regulation and the OEHHA deem necessary. The
25Department of Pesticide Regulation and the OEHHA shall make
26the report publicly available on their Internet Web sites.end delete
begin insert prevention
27by January 1, 2021.end insert

begin delete

35 28(g)

end delete

29begin insert(h)end insert This section shall remain in effect only until January 1,begin delete 2019,end delete
30begin insert 2021,end insert and as of that date is repealed, unless a later enacted statute,
31that is enacted before January 1,begin delete 2019,end deletebegin insert 2021,end insert deletes or extends
32that date.



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