SB 1311, as introduced, Hill. Reporting of antibiotic resistant disease.
Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions, including, but not limited to, diphtheria, listeria, salmonella, shigella, and streptococcal infection in food handlers or dairy workers, and typhoid. Existing law requires local health officers to report to the department any disease or condition on the list as specified by the department. Violation of these provisions is a crime.
This bill would require the list created by the department to include antibiotic resistant infections and would require the department to consider adding antibiotic resistant infections listed in a prescribed federal Centers for Disease Control and Prevention (CDCR) report. The bill would require the department, in updating the list, to consider adding resistant infections listed in updates to the CDCR report. The bill would authorize the department to share the information gathered on antibiotic resistant infection with the federal CDCR. By adding to the list of diseases for which nonreporting is a crime, 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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 120130 of the Health and Safety Code
2 is amended to read:
(a) The department shall establish a list of reportable
4diseases and conditions. For each reportable disease and condition,
5the department shall specify the timeliness requirements related
6to the reporting of each disease and condition, and the mechanisms
7required for, and the content to be included in, reports made
8pursuant to this section. The list of reportable diseases and
9conditions may include both communicable and noncommunicable
10diseases. The list may include those diseases that are either known
11to be, or suspected of being, transmitted by milk or milk-based
12products.begin delete Theend deletebegin insert The list shall include antibiotic resistant infections.
13The department shall consider
adding all urgent, serious, and
14concerning resistant infections listed in the federal Centers for
15Disease Control and Prevention (CDCR) report entitled “Antibiotic
16Resistance Threats in the United States, 2013.”end insert
17begin insert(b)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertTheend insert list may be modified at any time by the department,
18after consultation with the California Conference of Local Health
19Officers.begin delete Modificationend deletebegin insert When modifying the list, the department
20shall consider any updates that have been made
to the federal
21CDCR report identified in subdivision (a).end insert
22begin insert(2)end insertbegin insert end insertbegin insertModificationend insert of the list shall be exempt from the
23administrative regulation and rulemaking requirements of Chapter
243.5 (commencing with Section 11340) of Part 1 of Division 3 of
25Title 2 of the Government Code, and shall be implemented without
26being adopted as a regulation, except that the revised list shall be
27filed with the Secretary of State and printed in the California Code
28of Regulations as required pursuant to subdivision (e). Those
29diseases listed as reportable shall be properly reported as required
30to the department by the health officer.
31(b)
end delete
32begin insert(c)end insert The department shall establish a list of communicable
33diseases and conditions for which clinical laboratories shall submit
P3 1a culture or a specimen to the local public health laboratory. The
2list shall set forth the conditions under which the culture and
3specimen shall also be submitted to the State Public Health
4Laboratory. The list may be modified at any time by the
5department, in consultation with appropriate local public health
6stakeholders, including, but not limited to, local health officers
7and public health laboratory directors. Both establishment and
8modification of the list shall be exempt from the administrative
9regulation and rulemaking requirements of Chapter 3.5
10(commencing with Section 11340) of Part 1 of Division 3 of Title
112 of the Government Code, and shall be implemented without
12being adopted as a regulation, except
that the initial list and any
13modifications shall be filed with the Secretary of State and printed
14in the California Code of Regulations as required pursuant to
15subdivisionbegin delete (e)end deletebegin insert (f)end insert.
16(c)
end delete
17begin insert(d)end insert The department may from time to time adopt and enforce
18regulations requiring strict or modified isolation, or quarantine,
19for any of the contagious, infectious, or communicable diseases,
20if in the opinion of the department the action is necessary for the
21protection of the public health.
22(d)
end delete
23begin insert(e)end insert The health officer may require strict or modified isolation,
24or quarantine, for any case of contagious, infectious, or
25communicable disease, when this action is necessary for the
26protection of the public health.
27(e)
end delete
28begin insert(f)end insert The lists established pursuant to subdivisions (a) and (b) and
29any subsequent modifications shall be published in Title 17 of the
30California Code of Regulations.
31(f)
end delete
32begin insert(g)end insert Notwithstanding any other provision of law, no civil or
33criminal penalty, fine, sanction, or finding, or denial, suspension,
34or revocation of licensure for any person or facility may be imposed
35based upon a failure to provide the notification of a reportable
36disease or condition or to provide the submission of a culture or
37specimen that is required under this section, unless the name of
38the disease or condition that is required to be reported, or for which
39a culture or specimen is required to be submitted, was printed in
40the California Code of Regulations and the department notified
P4 1the person or facility of the disease or condition at least six months
2prior to the date of the claimed failure to report or submit.
3(g)
end delete
4begin insert(h)end insert Commencing July 1, 2009, or within one year of the
5establishment of a state electronic laboratory reporting system,
6whichever is later, a report generated pursuant to this section, or
7Section 121022, by a laboratory shall be submitted electronically
8in a manner specified by the department. The department shall
9allow laboratories that receive incomplete patient information to
10report the name of the provider who submitted the request to the
11local health officer.
12(h)
end delete
13begin insert(i)end insert The department may, through its
Internet Web site and via
14electronic mail, advise out-of-state laboratories that are known to
15the department to test specimens from California residents of the
16new reporting requirements.
17(j) To the extent allowed by law, the department may share the
18information gathered on antibiotic resistant infection with the
19federal CDCR.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
O
99