Amended in Senate August 18, 2014

Amended in Senate August 5, 2014

Amended in Senate July 1, 2014

Amended in Assembly April 8, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2425

Introduced by Assembly Member Quirk

February 21, 2014

An act to amend Sections 100700 and 100703 of the Health and Safety Code, relating to laboratories.

LEGISLATIVE COUNSEL’S DIGEST

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. begin insert Existing regulations require each forensic alcohol laboratory to establish the concentration of each lot of secondary alcohol standards it uses, whether prepared or acquired, by an oxidimetric method that employs a primary standard. Existing regulations require analytical results to be reported to the 2nd decimal place. end insert 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 department to adopt regulations to incorporate the review committee’s revisions.

This bill would begin delete exempt laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board from the existing State Department of Public Health regulations described above that conflict with more stringent specified requirements that are established by the accrediting agency, until the date when the department adopts regulations that incorporate the review committee’s revisions. end delete begin insert prohibit laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board from being required to establish the concentration of each lot of secondary alcohol standards it uses, whether prepared or acquired, by an oxidimetric method that employs a primary standard, and would specify that those laboratories are not limited to reporting analytical results to the 2nd decimal place end insert begin insert . end insert 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.

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 1.  

Section 100700 of the Health and Safety Code
is amended to read:

100700.  

(a) (1) Except as provided in paragraph (2),
laboratories engaged 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 shall comply with Group 8 (commencing with Section
1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of
the California Code of Regulations, as they exist on December 31,
2004, until the date when those regulations are revised pursuant
to Section 100703.

(2) (A) Laboratories that are accredited in forensic alcohol
analysis by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board begin delete are exempt from the
requirements in Group 8 (commencing with Section 1215) of
Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the
California Code of Regulations, as they exist on January 1, 2015,
that conflict with requirements established by the accrediting
agency, as determined by the review committee, when the
accrediting agency requirements are: end delete begin insert shall not be required to
establish the concentration of each lot of secondary alcohol
standards it uses, whether prepared or acquired, by an oxidimetric
method that employs a primary standard. end insert

begin delete

(i) More stringent recordkeeping requirements.

(ii) Higher proficiency testing standards.

(iii) Higher number of site visits and onsite inspections.

(iv) More comprehensive training programs.

(v) More current coursework.

(B) The exemption identified in subparagraph (A) shall remain
in effect until the date when the department adopts regulations that
incorporate the review committee’s revisions pursuant to Section
100703.

end delete begin insert

(B) Laboratories that are accredited in forensic alcohol analysis
by the American Society of Crime Laboratory Directors/Laboratory
Accreditation Board are not limited to reporting analytical results
to the second decimal place.

end insert

(b) Notwithstanding subdivision (a), the department shall not
require laboratories to be licensed.

SEC. 2.  

Section 100703 of the Health and Safety Code is
amended to read:

100703.  

(a) On or before July 1, 2005, the department shall
establish a review committee.

(b) The review committee shall have eight members, including
one person representing each of the following:

(1) Prosecuting attorneys.

(2) Law enforcement agencies.

(3) Defense attorneys.

(4) Coroners, pathologists, or medical examiners.

(5) Criminalists.

(6) Toxicologists.

(7) Crime laboratory directors.

(8) The State Department of Public Health.

(c) The review committee shall meet at least once in each
three-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.

(d) The review committee shall evaluate Group 8 (commencing
with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of
Title 17 of the California Code of Regulations and determine
revisions that will limit those regulations to those that the review
committee determines are reasonably necessary to ensure the
competence of the laboratories and employees to prepare, analyze,
and report the results of the tests and comply with applicable laws.
In determining revisions, the review committee shall also take into
consideration the advancement and development of scientific
processes, including the reporting of results with an estimated
uncertainty measurement. The review committee shall submit a
summary of revisions to the California Health and Human Services
Agency.

(e) Within 90 days of receiving the review committee’s
revisions, the California Health and Human Services Agency may
disapprove of one or more of those revisions.

(f) (1) Except as provided in paragraph (2), the department
shall adopt regulations pursuant to this section that shall incorporate
the review committee’s revisions. Nothing in this section shall be
construed as exempting the regulations from the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.

(2) The department shall not adopt regulations to incorporate
any review committee revisions that were disapproved under
subdivision (e).