SB 460, as amended, Pavley. Prenatal testing program: education.
Existing law imposes various responsibilities upon the State Department of Public Health and prenatal care providers with respect to prenatal care, screening, and counseling. Existing law requires the department to develop an education program designed to educate physicians and surgeons and the public concerning the uses of prenatal testing and the availability of the prenatal testing program.
This bill would require the department to include prescribed information regarding environmental health in the California Prenatal Screening Program Prenatal Patient Booklet and to post that information on the department’s Internet Web site. This bill would require the department to send a notice to all distributors of the booklet that informs them of the change to the booklet and encourages obstetrician-gynecologists and midwives to discuss environmental health with their patients.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 125055 of the Health and Safety Code
2 is amended to read:
The department shall:
4(a) Establish criteria for eligibility for the prenatal testing
5program. Eligibility shall include definition of conditions and
6circumstances that result in a high risk of a detectable genetic
7disorder or birth defect.
8(b) (1) Develop an education program designed to educate
9physicians and surgeons and the public concerning the uses of
10prenatal testing and the availability of the program.
11(2) (A) Include information regarding environmental health in
12the California Prenatal Screening Program
Prenatal Patient Booklet.
13This information shall include the following statement:
14
15“We encounter chemicals and other substances in everyday life
16that may affect your developing fetus. Fortunately, there are steps
17you can take to reduce your exposure to these potentially harmful
18substances at home, in the workplace, and in the environment.
19Many Californians are unaware that a number of everyday
20consumer products may pose potential harm. Prospective parents
21should talk to their doctor and are encouraged to read more about
22this topic to learn about simple actions to promote a healthy
23pregnancy.”
24
25(B) The department shall include in the booklet links to
26
educational materials derived from peer-reviewed materialsbegin insert based
27on the best available evidenceend insert relating to environmental health
28and reproductive toxins.
29(C) The department shall post the information described in
30subparagraphs (A) and (B) on its Internet Web site.
31(D) The department shall send a notice to all distributors of the
32booklet informing them of the change to the booklet. In the notice,
33the department shall encourage obstetrician-gynecologists and
34midwives to discuss environmental health with their patients and
P3 1to direct their patients to the appropriate page or pages in the
2booklet to provide their patients with additional information.
3(E) In order to minimize costs, the information described in this
4paragraph shall be included when the booklet is otherwise revised
5and reprinted.
6(F) The department may modify the language in the booklet
7after consultation with medical and scientific experts in the field
8of environmental health and reproductive toxins.
9(c) Ensure that genetic counseling be given in conjunction with
10prenatal testing at the approved prenatal diagnosis centers.
11(d) Designate sufficient prenatal diagnosis centers to meet the
12need for these services. Prenatal diagnosis centers shall have
13equipment and staff trained and capable of providing genetic
14counseling and performing prenatal
diagnostic procedures and
15tests, including the interpretation of the results of the procedures
16and tests.
17(e) Administer a program of subsidy grants for approved
18nonprofit prenatal diagnosis centers. The subsidy grants shall be
19awarded based on the reported number of low-income women
20referred to the center, the number of prenatal diagnoses performed
21in the previous year at that center, and the estimated size of unmet
22need for prenatal diagnostic procedures and tests in its service
23area. This subsidy shall be in addition to fees collected under other
24state programs.
25(f) Establish any rules, regulations, and standards for prenatal
26diagnostic testing and the allocation of subsidies as the director
27deems necessary to promote and protect the public health and
28safety and to
implement the Hereditary Disorders Act (Section
2927).
30(g) (1) The department shall expand prenatal screening to
31include all tests that meet or exceed the current standard of care
32as recommended by nationally recognized medical or genetic
33organizations, including, but not limited to, inhibin.
34(2) The prenatal screening fee increase for expanding prenatal
35screening to include those tests described in paragraph (1) is forty
36dollars ($40).
37(3) The department shall report to the Legislature regarding the
38progress of the program with regard to implementing prenatal
39screening for those tests described in paragraph (1) on or before
40July 1, 2007. The report shall include the costs of screening,
P4 1followup,
and treatment as compared to costs and morbidity averted
2
by this testing under the program.
3(4) (A) The expenditure of funds from the Genetic Disease
4Testing Fund for the expansion of the Genetic Disease Branch
5Screening Information System to include the expansion of prenatal
6screenings, pursuant to paragraph (1), may be implemented through
7the amendment of the Genetic Disease Branch Screening
8
Information System contracts, and shall not be subject to Chapter
92 (commencing with Section 10290) or Chapter 3 (commencing
10with Section 12100) of Part 2 of Division 2 of the Public Contract
11Code, Article 4 (commencing with Section 19130) of Chapter 5
12of Part 2 of Division 5 of Title 2 of the Government Code, or
13Sections 4800 to 5180, inclusive, of the State Administrative
14Manual as they relate to approval of information technology
15projects or approval of increases in the duration or costs of
16information technology projects. This paragraph shall apply to the
17design, development, and implementation of the expansion, and
18to the maintenance and operation of the Genetic Disease Branch
19Screening Information System, including change requests, once
20the expansion is implemented.
21(B) (i) The department may adopt
emergency regulations to
22implement and make specific the amendments to this section made
23during the 2006 portion of the 2005-06 Regular Session in
24accordance with Chapter 3.5 (commencing with Section 11340)
25of Part 1 of Division 3 of Title 2 of the Government Code. For the
26purposes of the Administrative Procedure Act, the adoption of
27regulations shall be deemed an emergency and necessary for the
28immediate preservation of the public peace, health and safety, or
29general welfare. Notwithstanding Chapter 3.5 (commencing with
30Section 11340) of Part 1 of Division 3 of Title 2 of the Government
31Code, these emergency regulations shall not be subject to the
32review and approval of the Office of Administrative Law.
33Notwithstanding Sections 11346.1 and 11349.6 of the Government
34Code, the department shall submit these regulations directly to the
35Secretary of State for filing. The regulations shall become
effective
36immediately upon filing by the Secretary of State. Regulations
37shall be subject to public hearing within 120 days of filing with
38the Secretary of State and shall comply with Sections 11346.8 and
3911346.9 of the Government Code or shall be repealed.
P5 1(ii) The Office of Administrative Law shall provide for the
2printing and publication of these regulations in the California Code
3of Regulations. Notwithstanding Chapter 3.5 (commencing with
4Section 11340) of Part 1 of Division 3 of Title 2 of the Government
5Code, the regulations adopted pursuant to this chapter shall not be
6repealed by the Office of Administrative Law and shall remain in
7effect until revised or repealed by the department.
O
94