BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 289
Author: Hernandez (D)
Amended: 8/23/12
Vote: 21
SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : 80-0, 8/27/12 - See last page for vote
SUBJECT : Clinical laboratory techniques: training and
instruction
SOURCE : Author
DIGEST : This bill 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.
Assembly Amendments delete the version of the bill passed
by the Senate dealing with inpatient hospital
reimbursement. The bill now addresses clinical laboratory
training.
ANALYSIS :
Existing law:
1. Provides for the licensure and regulation of clinical
CONTINUED
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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 clinical
laboratory scientist (CLS) and limited CLS licensees and
trainees and a variety of CLS sub-specialties.
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:
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:
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee,
negligible costs, if any.
SUPPORT : (Verified 8/28/12)
Blood Centers of California
California Clinical Laboratory Association
California Hospital Association
ARGUMENTS IN SUPPORT : 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
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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."
ASSEMBLY FLOOR : 80-0, 8/27/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
CTW:m 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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