BILL NUMBER: SB 594 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
FEBRUARY 17, 2011
An act to amend Sections 101150 and 101160 of, and to add Sections
101161 and 101162 to, the Health and Safety Code, relating to public
health.
LEGISLATIVE COUNSEL'S DIGEST
SB 594, as introduced, Wolk. Local public health laboratories.
Existing law establishes the State Department of Public Health and
sets forth its powers and duties relating to the prevention and
control of disease, including, but not limited to the duty to approve
local public health laboratories.
This bill would recast those provisions to specify the duties of
the local public health laboratories, to require the department to
develop and administer written examinations for the certificate of
public health microbiologist for public health laboratories, to
require the department to adopt regulations related to certification
and approval of training programs and continuing education
requirements, and to define related terms. The bill would preclude
the assessment of related fees for certificates or continuing
education. By requiring that local agencies comply with these
requirements, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 101150 of the Health and Safety Code is amended
to read:
101150. (a) For the purpose of protecting
the community and the public health, the local health department of a
city or county shall have available the services of a city or
county public health laboratory for the examination of
specimens from suspected cases of infectious and environmental
diseases, that may include, but need not be limited to, the
examination of specimens from milk, milk products, waters, food
products, vectors, and the environment. The
(b) The public health laboratory shall
provide laboratory services necessary for the various programs of the
local health department. The public health laboratory shall
also provide the analyses required to assist in community disease
surveillance and to meet the responsibilities and support the
programs of the local health department.
(c) In matters concerning the public's health, the public health
laboratory director shall be responsible to the local health officer
whose duty it is to enforce the law in accordance with Section
101030, 101375, 101460, or 101470.
(d) The public health laboratory shall provide consultation and
reference services to further the development of improved laboratory
procedures and practices related to the identification, prevention,
control, and surveillance of human disease in the community.
(e) A local health officer may contract with any official city or
county public health laboratory or with the laboratories of the State
Department of Public Health to provide the services required by this
chapter.
(f) The laboratories of the State Department of Public Health are
hereby designated as the public health laboratory for all local
health department jurisdictions that do not otherwise have access to
local public health laboratory service.
SEC. 2. Section 101160 of the Health and Safety Code is amended to
read:
101160. (a) Any city or county public health laboratory
established for the purposes set forth in this chapter and its
personnel shall be approved by the State Department of Public
Health Services and shall comply with the
requirements of CLIA.
(b) For purposes of this section, article,
the following terms have the following meanings:
"CLIA"
(1) "CLIA" means the federal
Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec.
263a; P.L. 100-578) and the regulations adopted thereunder by the
federal Health Care Financing Administration and effective on January
1, 1994, or any later date, when adopted in California pursuant to
subdivision (b) of Section 1208 of the Business and Professions Code.
(2) "Approved" means certified by the State Department of Public
Health to be in compliance with state and federal regulatory
requirements pertaining to municipal and county public health
laboratories and public health laboratory personnel.
(3) "Certificate" means a certificate of approval issued by the
State Department of Public Health to a city or county facility or an
individual after the department's determination that the city or
county facility personnel, or training program qualifications, are in
conformity with the requirements of this article.
(4) "Public health laboratory" means a laboratory that is operated
by a city or county in conformity with this article.
(5) "Public health laboratory director" means a person who meets
the CLIA requirements for laboratory director and who is authorized
to direct a public health laboratory certified under this article.
(6) "Public health microbiologist" means a person who meets the
CLIA requirements for testing personnel in a high complexity
laboratory and who is authorized to perform high complexity tests
limited to the specialties of microbiology and diagnostic immunology
and waived and moderate complexity tests in any specialty or
subspecialty pursuant to a certificate issued under this article.
(7) "Public health microbiologist-trainee" means a person meeting
the academic qualifications and approved by the State Department of
Public Health to train in an approved public health laboratory
leading to examination and certification as a public health
microbiologist under this article.
(8) "Specialty" means histocompatibility, microbiology, diagnostic
immunology, chemistry, hematology, immunohematology, pathology,
genetics, or other specialty or subspecialty specified by regulation
adopted by the State Department of Public Health.
(9) "Subspecialty" means any of the following:
(A) For purposes of microbiology, it means bacteriology,
mycobacteriology, mycology, parasitology, virology, molecular
biology, and serology for diagnosis of infectious diseases, or other
subspecialty specified by regulation adopted by the State Department
of Public Health.
(B) For purposes of diagnostic immunology, it means syphilis
serology, general immunology, or other subspecialty specified by
regulation adopted by the State Department of Public Health.
(C) For purposes of chemistry, it means routine chemistry,
clinical microscopy, endocrinology, toxicology, or other subspecialty
specified by regulation adopted by the State Department of Public
Health.
(D) For purposes of immunohematology, it means ABO / Rh Type and
Group, antibody detection for transfusion, antibody detection
nontransfusion, antibody identification, compatibility, or other
subspecialty specified by regulation adopted by the State Department
of Public Health.
(E) For purposes of pathology, it means tissue pathology, oral
pathology, diagnostic cytology, or other subspecialty specified by
regulation adopted by the State Department of Public Health.
(F) For purposes of genetics, it means molecular biology related
to the diagnosis of human genetic abnormalities, cytogenetics, or
other subspecialty specified by regulation adopted by the State
Department of Public Health.
SEC. 3. Section 101161 is added to the Health and Safety Code, to
read:
101161. The State Department of Public Health shall develop and
administer the written examinations for the certificate of public
health microbiologist for public health laboratories. The examination
shall be developed in consultation with the California Association
of Public Health Laboratory Directors. The examination shall be held
as needed and where designated by the State Department of Public
Health. There shall be no fee levied upon individuals for the
examinations.
SEC. 4. Section 101162 is added to the Health and Safety Code, to
read:
101162. (a) The State Department of Public Health, by January 1,
2013, shall adopt regulations, in consultation with the California
Association of Public Health Laboratory Directors, to do all of the
following:
(1) Establish minimum requirements for training laboratories that
train public health microbiologist-trainees, and require that
training laboratories that accept those personnel for the purposes of
this article be approved and certified by the State Department of
Public Health.
(2) Initiate, administer, and monitor a program of continuing
education for public health microbiologists certified pursuant to
this article.
(3) Require a maximum of 12 hours of continuing education
completed within a 12-month period, or 24 hours of continuing
education completed within a 24-month period, as a condition for
renewal of a certificate issued under this article.
(b) Fees shall not be levied upon county or municipal public
health laboratories or public health laboratory personnel for
approval or renewal of any certificates or maintaining the continuing
education program pursuant to this article.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.