BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2786
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2786 (Health Committee)
          As Amended August 20, 2010
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(May 6, 2010)   |SENATE: |37-0 |(August 30,    |
          |           |     |                |        |     |2010)          |
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           Original Committee Reference:    HEALTH  

           SUMMARY  :  Allows the California Department of Public Health  
          (DPH) to modify the list of communicable diseases and conditions  
          for which clinical labs must submit specimens to the local  
          public health laboratory to undergo further testing and allow  
          DPH to modify the list at any time in consultation with the  
          California Conference of Local Health Officers and the  
          California Association of Public Health Laboratory Directors.

           The Senate amendments  add language to avoid chaptering-out  
          conflicts with AB 2541 (Portantino and Fletcher), should both  
          bills be enacted.  Both AB 2786 and AB 2541 amend the same code  
          sections.

           EXISTING LAW  :

          1)Requires DPH to establish a list of diseases and conditions  
            which health care providers and local health officers are  
            required to report to the local public health department.   
            Allows DPH to modify this list and exempts this modification  
            from requirements, governing changes in administrative  
            regulations under Administrative Procedures Act (APA).

          2)Under regulation, requires labs to report test results on  
            certain diseases considered to be of "public health  
            importance."

          3)Does not exempt DPH from complying with APA requirements when  
            modifying the list of reportable diseases and conditions for  
            which public health labs are required to submit specimens.  

           AS PASSED BY THE ASSEMBLY  , this bill is substantially similar to  
          the version as passed by the Senate.









                                                                  AB 2786
                                                                  Page  2

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:
                            Fiscal Impact (in thousands)

           Major Provisions   2010-11        2011-12       2012-13          Fund
           
          CDPH additional  up to $185   up to $370  up to $370     General
             laboratory staff

          Local public health   unknown, but potentially significant if  
          the                   General*
             additional laboratory staff  laboratories workload increased  
          enough
                                to need to hire an additional technician

          *Could be eligible for reimbursement by the Commission on State  
          Mandates
           COMMENTS  :  According to the sponsor, the Health Officers  
          Association of California, this bill will allow DPH and local  
          public health authorities to respond to a public health  
          emergency in a timely manner.  The sponsor notes that there have  
          been instances in which DPH has requested clinical laboratories  
          to submit specimens on a voluntary basis for shiga-toxin  
          producing E. coli and Meningococcal disease.  Providing these  
          samples on a voluntary basis does not ensure a large enough  
          sample size to detect common source outbreaks.  This was  
          apparent during the recent E. coli outbreak, during which  
          clinical laboratories in California were not performing the  
          additional tests necessary for identifying clusters of cases  
          revealing a common source outbreak.  


           Analysis Prepared by  :    Martin Radosevich / HEALTH / (916)  
          319-2097 


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