AB 2425, as amended, Quirk. Laboratories: review committee.
Existing law requires laboratories engaging in the performance of forensic alcohol analysis tests by or for law enforcement agencies on blood, urine, tissue, or breath for the purposes of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations to comply with various existing State Department of Public Health regulations regarding the inspection of laboratories, collection and handling of samples, methods of analysis, and laboratory records, until the time those regulations are revised, as specified. Existing law requires the State Department of Public Health to establish a review committee, which is required to meet at least once in each 5-year period after its initial meeting, or within 60 days of receipt of a request by the department or a member of the review committee, to evaluate and determine revisions to relevant department regulations. Existing law requires the review committee to submit a summary of those revisions to the California Health and Human Services Agency and authorizes the agency to disapprove of one or more of those revisions within 90 days of receiving them. Existing law requires the department to adopt regulations to incorporate the review committee’s revisions.
This bill would exempt laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board or another accrediting agency approved by the review committee from the existing State Department of Public Health regulations described abovebegin insert that conflict with more stringent specified requirements that are established by the accrediting agency,end insert until thebegin delete timeend deletebegin insert
dateend insert when the department adopts regulations that incorporate the review committee’s revisions. The bill would instead require the review committee to meet at least once in each 3-year period after its initial meeting and would require the review committee, in determining revisions, to take into consideration the advancement and development of scientific processes, including the reporting of results with an estimated uncertainty measurement. The bill would instead authorize the California Health and Human Services agency to disapprove of one or more of the review committee’s revisions within 30 days of receiving them.
This bill would make an additional conforming change to existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 100700 of the Health and Safety Code
2 is amended to read:
(a) (1) Except as provided in paragraph (2),
4laboratories engaged in the performance of forensic alcohol
5analysis tests by or for law enforcement agencies on blood, urine,
6tissue, or breath for the purposes of determining the concentration
7of ethyl alcohol in persons involved in traffic accidents or in traffic
8violations shall comply with Group 8 (commencing with Section
91215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of
10the California Code of Regulations, as they exist on December 31,
112004, until thebegin delete timeend deletebegin insert dateend insert
when those regulations are revised
12pursuant
to Section 100703.
13(2) begin insert(A)end insertbegin insert end insertLaboratories that are accredited in forensic alcohol
14analysis by the American Society of Crime Laboratory
15Directors/Laboratory Accreditation Board or another accrediting
P3 1agency approved by the review committee established pursuant to
2Section 100703begin delete shall beend deletebegin insert areend insert exempt from the requirements in
3Group 8 (commencing with Section 1215) of Subchapter 1 of
4Chapter 2 of Division 1 of Title 17 of the California Code of
5Regulations, as they exist on January 1, 2015,begin delete until the time when begin insert
that conflict
6the department adopts regulations that incorporate the review
7committee’s revisions pursuant to Section 100703.end delete
8with requirements established by the accrediting agency, as
9determined by the review committee, when the accrediting agency
10requirements are:end insert
11(i) More stringent record keeping requirements.
end insertbegin insert12(ii) Higher proficiency testing standards.
end insertbegin insert13(iii) Higher number of site visits and onsite inspections.
end insertbegin insert14(iv) More comprehensive training programs.
end insertbegin insert15(v) More current coursework.
end insertbegin insert
16(B) The exemption identified in subparagraph (A) shall remain
17in effect until the date when the department adopts regulations
18that incorporate the review committee’s revisions pursuant to
19Section 100703.
20(b) Notwithstanding subdivision (a), the department shall not
21require laboratories to be licensed.
Section 100703 of the Health and Safety Code is
23amended to read:
(a) On or before July 1, 2005, the department shall
25establish a review committee.
26(b) The review committee shall have eight members, including
27one person representing each of the following:
28(1) Prosecuting attorneys.
29(2) Law enforcement agencies.
30(3) Defense attorneys.
31(4) Coroners, pathologists, or medical examiners.
32(5) Criminalists.
33(6) Toxicologists.
34(7) Crime laboratory directors.
35(8) The State Department of Public Health.
36(c) The review committee shall meet at least once in each
37three-year period after its initial meeting, or within 60 days of
38receipt of a request by the department or a member of the review
39committee.
P4 1(d) The review committee shall evaluate Group 8 (commencing
2with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of
3Title 17 of the California Code of Regulations and determine
4revisions that will limit those regulations to those that the review
5committee determines are reasonably necessary to ensure
the
6competence of the laboratories and employees to prepare, analyze,
7and report the results of the tests and comply with applicable laws.
8In determining revisions, the review committee shall also take into
9consideration the advancement and development of scientific
10processes, including the reporting of results with an estimated
11uncertainty measurement. The review committee shall submit a
12summary of revisions to the California Health and Human Services
13Agency.
14(e) Within 30 days of receiving the review committee’s
15revisions, the California Health and Human Services Agency may
16disapprove of one or more of those revisions.
17(f) (1) Except as provided in paragraph (2), the department
18shall adopt regulations pursuant to this section that shall
incorporate
19the review committee’s revisions. Nothing in this section shall be
20construed as exempting the regulations from the requirements of
21Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
223 of Title 2 of the Government Code.
23(2) The department shall not adopt regulations to incorporate
24any review committee revisions that were disapproved under
25subdivision (e).
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