BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2892


                                                                    Page  1


          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2892 (Committee on Environmental Safety and Toxic Materials)


          As Amended  August 8, 2016


          Majority vote


           -------------------------------------------------------------------- 
          |ASSEMBLY:  |78-1  |(June 1, 2016) |SENATE: |38-0  |(August 15,      |
          |           |      |               |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          Original Committee Reference:  E.S. & T.M.


          SUMMARY:  Updates and enhances the California Medical  
          Supervision Program (Program) by extending the sunset on the  
          requirement for laboratories to transmit cholinesterase test  
          results to the state; requiring the Office of Environmental  
          Health Hazard Assessment (OEHHA) to register medical  
          supervisors; and, requiring medical supervisors to report  
          depressions in cholinesterase levels as a pesticide illness.


          The Senate amendments:


          1)Require employers, in order to satisfy their responsibilities  
            for medical supervision of their employees who regularly  
            handle pesticides, to contract with a medical supervisor  
            registered with OEHHA.










                                                                    AB 2892


                                                                    Page  2


          2)Make changes to current reporting requirements, under the  
            Program, on laboratories by requiring them to report the  
            purpose of the test, as indicated by the medical supervisor,  
            as a cholinesterase test requested for an agricultural worker  
            under medical supervision, and, if it is, whether it is for a  
            baseline, followup, or recovery test.


          3)Under the Program, the purpose of the cholinesterase test as a  
            test requested for an agricultural worker under medical  
            supervision, as indicated by the medical supervisor, and  
            whether it is a baseline, followup, or recovery test.  


          4)Delete from statute the requirement that, for cholinesterase  
            tests performed under the Program, laboratories transmit to  
            the Department of Pesticide Regulation (DPR) the name,  
            address, and telephone number of the health care provider and  
            the accession number of the specimen. 


          5)Require medical supervisors to ensure that the results of  
            cholinesterase tests performed under the Program are received  
            by the employer.


          6)Require medical supervisors to report to the local health  
            officer any worker with cholinesterase depression indicating  
            pesticide exposure, pursuant to existing law on pesticide  
            poisoning reporting.


          7)Require OEHHA to establish a procedure for registering and  
            deregistering medical supervisors for the purposes of outreach  
            and training and authorize OEHHA to establish reasonable  
            requirements for the performance of medical supervisors.


          8)Extend the sunset date, from 2019 to 2021, on the requirement  
            for laboratories, as part of the Program, to electronically  
            transmit specified agricultural worker cholinesterase test  
            results to DPR.  








                                                                    AB 2892


                                                                    Page  3




          9)Require DPR and OEHHA to prepare and publicly post an update  
            on the effectiveness of the medical supervision program and  
            the utility of laboratory-based reporting of cholinesterase  
            testing for illness surveillance and prevention by January 1,  
            2021.


          10)Make other technical and conforming changes. 


          EXISTING LAW:  


          1)Requires each employer who has an employee who regularly  
            handles organophosphate or carbamate pesticides (OP/CB  
            pesticides) to contract with a physician to provide medical  
            supervision of the employee.  


          2)Delineates the employer's responsibilities for medical  
            supervision for employees regularly handling OP/CB pesticides,  
            including requiring baseline cholinesterase tests and follow  
            up tests after the employee has handled OP/CB pesticides, as  
            specified. 


          3)Requires a laboratory that performs cholinesterase testing on  
            human blood drawn under the Program, or drawn to respond to  
            alleged or known exposure to cholinesterase inhibitors that  
            resulted in illness, to report specified information,  
            including test results and whether the test is baseline or  
            other periodic testing, to DPR. 


          4)Sunsets the cholinesterase test result reporting requirements  
            on January 1, 2017. 


          AS PASSED BY THE ASSEMBLY, this bill extended the sunset, from  
          January 1, 2017, to January 1, 2019, on the requirement for  








                                                                    AB 2892


                                                                    Page  4


          laboratories, as part of the Program, to electronically transmit  
          cholinesterase test results to DPR.  


          FISCAL EFFECT:  This bill was approved by the Senate  
          Appropriations Committee pursuant to Senate Rule 28.8;  
          therefore, enactment of this bill could result in minor, if any,  
          costs.  


          COMMENTS:  Organophosphate and carbamate (OP/CB) pesticides:   
          Both OPs and CBs work as a pesticide by inhibiting the nerve  
          enzyme cholinesterase, which breaks down the neurotransmitter  
          acetylcholine, leading to the death of an insect.  OPs and CBs  
          can also affect humans by inhibiting cholinesterase.  High  
          exposure to OPs/ CBs can cause a variety of acute symptoms of  
          neurological poisoning, including blurred vision, diarrhea,  
          increased respiratory secretions, tremors, seizures, loss of  
          consciousness, and death.  The acute symptoms can mimic other  
          illnesses, and people can be sub-clinically affected without  
          showing major acute symptoms.  Due to the potential for  
          sub-clinical effects or misdiagnosis of the acute effects, it is  
          useful to test for the depression of cholinesterase in order to  
          identify potential overexposure to OPs/ CBs.  


          California Medical Supervision Program (Program):  The Program  
          was established in 1974 to protect pesticide handlers from  
          excessive exposure to OPs and CBs.  It requires employers to  
          contract with a licensed physician as a "medical supervisor" to  
          periodically test the cholinesterase level of workers who  
          regularly handle these pesticides.  Under the Program, the  
          medical supervisor establishes baseline values of cholinesterase  
          during non-exposure periods for each employee, and periodically  
          measures cholinesterase activity levels while the worker handles  
          OPs/CBs.  If the employee's cholinesterase is depressed below  
          certain levels, the employer must take immediate specified  
          actions to reduce exposure, such as promptly retesting the  
          employee, evaluating the work practices, or immediately removing  
          the employee from further exposure.   










                                                                    AB 2892


                                                                    Page  5


          Reporting requirements:  Prior to 2010, the state received very  
          little information from the field to determine whether the  
          Program was effective.  However, AB (AB) 1963 (Nava), Chapter  
          369, Statues of 2010, added Section 105206 to the Health &  
          Safety Code, which requires laboratories that conduct  
          cholinesterase tests as a part of the Program to report test  
          results to DPR.  The results are then analyzed by DPR and OEHHA.  
           


          AB 1963 also required, by December 31, 2015, DPR and OEHHA to  
          prepare a report on the effectiveness of the medical supervision  
          program and on the utility of laboratory-based reporting of  
          cholinesterase testing for pesticide illness surveillance and  
          prevention.  AB 1963 stated that the joint report may include  
          recommendations to the Legislature.


          DPR and OEHHA submitted the resultant report, "The Report to the  
          California Legislature:  California's Cholinesterase Test  
          Results," in December 2015, which found that overall, the  
          Program appears effective in protecting agricultural workers who  
          handle cholinesterase-inhibiting pesticides.  The report did  
          find, however, that based on the data submitted from 2011-2013,  
          the utility of the data analysis is hampered by the inclusion of  
          thousands of records from individuals who are not in the  
          Program, and by missing data on the purpose of the  
          cholinesterase test.  DPR and OEHHA laid out specific "future  
          directions," or actions that the two entities will take to  
          improve the Program to and improve the utility of the data  
          collected.  DPR and OEHHA also made two recommendations that the  
          legislature would need to enact for Program improvement,  
          including that cholinesterase reporting should continue at least  
          through December 31, 2018, so that DPR and OEHHA can obtain  
          additional data with clearer information on the purpose of the  
          test and to allow further evaluation of the Program.


          This bill would enact the first recommendation in the report by  
          extending the cholinesterase reporting requirement through  
          January 1, 2021.  It also makes additional improvements to the  
          Program, such as requiring OEHHA to register medical supervisors  








                                                                    AB 2892


                                                                    Page  6


          so that it can provide better outreach and oversight of  
          participating physicians; and, requiring medical supervisors to  
          report depressions in cholinesterase levels as a pesticide  
          illness so that DPR and the local agricultural commissioner can  
          appropriately track and follow-up on over-exposure cases.  


          Analysis Prepared by:                                             
                          Shannon McKinney / E.S. & T.M. / (916) 319-3965   
                                                                      FN:  
          0004343