BILL NUMBER: SB 765 CHAPTERED
BILL TEXT
CHAPTER 748
FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 7, 1999
PASSED THE SENATE SEPTEMBER 2, 1999
PASSED THE ASSEMBLY SEPTEMBER 1, 1999
AMENDED IN ASSEMBLY AUGUST 30, 1999
AMENDED IN ASSEMBLY JULY 15, 1999
AMENDED IN ASSEMBLY JUNE 24, 1999
AMENDED IN SENATE MAY 17, 1999
AMENDED IN SENATE APRIL 28, 1999
INTRODUCED BY Senator Schiff
FEBRUARY 24, 1999
An act to add Sections 681, 1220.5, and 1288.3 to the Business and
Professions Code, relating to biological specimens.
LEGISLATIVE COUNSEL'S DIGEST
SB 765, Schiff. Biological specimens.
Existing law sets forth procedures governing the operation of
clinical laboratories. A violation of these provisions constitutes
unprofessional conduct.
This bill would require, commencing July 1, 2000, every person
licensed under specified provisions of existing law that regulate
health care professionals who collects human biological specimens for
clinical testing or examination to secure those specimens as
specified.
The bill would also require, on and after January 1, 2001,
clinical laboratory employees, agents, and couriers who retrieve
biological specimens located in a specified public place that are not
secured in a locked container, as defined, to notify the licensee by
attaching a specified form to the container and to mail a copy of
the form to the Department of Consumer Affairs, as specified.
This bill would require the State Department of Health Services to
develop, and provide to all licensed clinical laboratories, a form
in triplicate for the above-described notifications.
The changes made by the bill would be contingent upon the
enactment of AB 1558 adding Section 2244 to the Business and
Professions Code, in which event they will become operative at the
same time as AB 1558.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 681 is added to the Business and Professions
Code, to read:
681. (a) Commencing July 1, 2000, every person licensed pursuant
to this division who collects human biological specimens for clinical
testing or examination, shall secure, or ensure that his or her
employees, agents, or contractors secure, those specimens in a locked
container when those specimens are placed in a public location
outside of the custodial control of the licensee, or his or her
employees, agents, or contractors.
(b) Containers used for human biological specimens put into use on
or after January 1, 2001, shall be marked "Caution: Biohazardous
Material -Please Do Not Touch or Handle," or words of similar
meaning.
(c) This section shall not apply where the biological specimens
have been placed in the mail in compliance with all applicable laws
and regulations.
(d) The licensing board having jurisdiction of the licensee may
impose appropriate sanctions for violations of this section,
including, if otherwise authorized by the licensing act, the
imposition of a fine not to exceed one thousand dollars ($1,000).
(e) As used in this section, "locked container" means a secure
container that is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.
SEC. 2. Section 1220.5 is added to the Business and Professions
Code, to read:
1220.5. (a) The Department of Health Services shall develop, and
provide to all licensed clinical laboratories, a form in triplicate
to be used by employees, agents, and couriers of licensed clinical
laboratories to give notice when a specimen storage container has
been improperly secured pursuant to Section 681.
(b) The three copies of the triplicate form shall each contain
instructions so that one copy is to be attached to the unlocked
specimen storage container, one copy is mailed to the Department of
Consumer Affairs to be forwarded to the appropriate licensing entity
pursuant to Section 1288.3, and one copy is kept by the licensed
clinical laboratory for its records.
(c) This form shall be provided to all licensed clinical
laboratories on and after January 1, 2001.
SEC. 3. Section 1288.3 is added to the Business and Professions
Code, to read:
1288.3. (a) If a clinical laboratory employee, agent, or courier
retrieves biological specimens located in a public place outside of
the custodial control of a licensee, or his or her employee, agent,
or contractor, and those specimens are not secured in a locked
container, the clinical laboratory employee, agent, or courier,
utilizing the form provided by the State Department of Health
Services pursuant to Section 1220.5, shall (1) notify the licensee by
attaching the appropriate copy of the form to the unlocked storage
container, and (2) mail the appropriate copy of the form to the
Department of Consumer Affairs. The Department of Consumer Affairs
shall forward all forms received to the appropriate licensing entity.
(b) This section shall not apply where the biological specimens
have been received by mail in compliance with all applicable laws and
regulations.
(c) For purposes of this section: (1) "locked container" means a
secure container that is fully enclosed and locked by a padlock, key
lock, combination lock, or similar locking device.
(2) "Licensee" means a person licensed pursuant to this division 2
(commencing with Section 500), who collects human biological
specimens for clinical testing or examination.
(d) A violation of this section is not subject to Section 1287.
(e) This section shall become operative on January 1, 2001.
Nothing in this section shall be construed to require clinical
laboratory employees, agents, or couriers to notify licensees or the
Department of Consumer Affairs of an unsecured specimen if the State
Department of Health Services has not provided the appropriate forms.
SEC. 4. Sections 1, 2, and 3 of this act shall become operative
only if Assembly Bill 1558 of the 1999-2000 Regular Session is
enacted and adds Section 2244 to the Business and Professions Code,
in which event it shall become operative at the same time as Assembly
Bill 1558.