BILL ANALYSIS �
SB 289
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SENATE THIRD READING
SB 289 (Ed Hernandez)
As Amended August 23, 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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|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
providers of clinical laboratory scientist programs for instruction
in clinical laboratory technique, and allows these programs to use
multiple clinical laboratories for training. Specifically, this
bill :
1)Allows DPH to approve any of the following seeking to provide
clinical laboratory scientist programs for instruction in clinical
laboratory technique that, 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:
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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)Allows these programs to use multiple clinical laboratories to
provide training in clinical laboratory technique, upon approval
by DPH and provided the following conditions are met:
a) The program may apportion the clinical training among
multiple clinical laboratories in any percentage as long as the
total training meets the requirements established by DPH;
b) Each clinical laboratory has been approved by DPH as part of
the program in accordance with regulations. The program shall
notify DPH within 30 days of a change in clinical laboratories
used by the program to provide training;
c) The director of the approved program shall be responsible
for notifying DPH in advance of the start and end date of the
training for each trainee. The program shall coordinate with
DPH in meeting established requirements;
d) The director of the approved program shall ensure that all
of DPH's requirements for training and affiliation are met;
and,
e) The program has submitted an application on forms provided
by DPH for approval.
3)Revises and recasts existing definitions and makes other technical
and conforming 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
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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.
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: 0005420
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