BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 289
                                                                  Page  1


          SENATE THIRD READING
          SB 289 (Ed Hernandez)
          As Amended  August 6, 2012
          Majority vote 

           SENATE VOTE  :36-2  
           
           BUSINESS & PROFESSIONS          8-0                 HEALTH      
          16-0                
           
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          |Ayes:|Hayashi, Allen, Butler,   |Ayes:|Monning, Logue, Atkins,   |
          |     |Eng, Hill, Ma, Smyth,     |     |Bonilla, Eng, Garrick,    |
          |     |Silva                     |     |Gordon, Hayashi,          |
          |     |                          |     |Roger Hern�ndez, Bonnie   |
          |     |                          |     |Lowenthal, Mansoor,       |
          |     |                          |     |Mitchell, Pan,            |
          |     |                          |     |V. Manuel P�rez, Silva,   |
          |     |                          |     |Williams                  |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      17-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Harkey,          |     |                          |
          |     |Blumenfield, Bradford,    |     |                          |
          |     |Charles Calderon, Campos, |     |                          |
          |     |Davis, Donnelly, Gatto,   |     |                          |
          |     |Hall, Hill, Lara,         |     |                          |
          |     |Mitchell, Nielsen, Norby, |     |                          |
          |     |Solorio, Wagner           |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Allows the Department of Public Health (DPH) to 
          approve additional providers of clinical laboratory instruction. 
           Specifically,  this bill  :   

          1)Allows DPH to approve any of the following to provide 
            instruction in clinical laboratory technic which in DPH's 
            judgment will adequately prepare individuals to meet the 
            requirements for licensure or performance of duties under laws 
            and DPH regulations governing clinical laboratory technology:









                                                                  SB 289
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             a)   A California licensed clinical laboratory;

             b)   An accredited United States (U.S.) college or 
               university;

             c)   A U.S. military medical laboratory specialist program of 
               at least 52 weeks in duration; or,

             d)   A laboratory owned and operated by the U.S. government.

          2)Defines a clinical training site as any place, establishment, 
            or institution used by a DPH-approved program for the training 
            of clinical laboratory scientists (CLSs) or limited CLSs to 
            conduct training or instruction of licensed trainees or 
            phlebotomy students in clinical laboratory practice, 
            techniques, theory or other training, as specified. 

          3)Revises and recasts existing definitions and makes other 
            technical, non-substantive and clarifying changes.



           EXISTING LAW  : 

          1)Provides for the licensure and regulation of clinical 
            laboratories and their personnel by DPH under the Laboratory 
            Field Services (LFS).

          2)Authorizes DPH to approve schools seeking to provide 
            instruction in clinical laboratory technic which in the 
            judgment of DPH will provide instruction adequate to 
            prepare individuals to meet the requirements for 
            licensure or performance of duties, as specified.

          3)Provides that it is unlawful for any person to operate a 
            school or conduct any course for the purpose of training 
            or preparing persons to perform duties, as specified, 
            without approval by DPH.

          4)Establishes educational and examination requirements for 
            a number of clinical lab personnel, including CLS and 
            limited CLS licensees and trainees and a variety of CLS 
            sub-specialties.









                                                                  SB 289
                                                                  Page  3


           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, negligible costs, if any.

           COMMENTS  :  According to the author, "In order to be trained as a 
          CLS in California, the LFS has interpreted its regulations for 
          the past 40 years to mean that the 50-week CLS training program 
          be undertaken at a single site, usually a hospital or a biotech 
          lab.  A CLS training program is costly for the host institution, 
          running anywhere from $55,000 to $110,000 a year per student.  
          Thus, running a CLS training program can be quite prohibitive 
          for an institution to undertake.

          "SB 289 would broaden the definition of an approved training 
          site, and allow an institution of higher education to be an 
          approved training entity for a CLS training program.  Please 
          note that the students would not train at the institution of 
          higher education; rather, (the bill) would allow the institution 
          to act as the central administrator by coordinating the 50-week 
          program among different hospitals/labs."


           Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 
          319-3301 


                                                                FN: 0004692