Bill Text: CA AB1801 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Newborns: cytomegalovirus public education and testing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-09-27 - Vetoed by Governor. [AB1801 Detail]

Download: California-2017-AB1801-Amended.html

Amended  IN  Senate  June 07, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 24, 2018
Amended  IN  Assembly  April 10, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1801


Introduced by Assembly Member Nazarian

January 09, 2018


An act to add and repeal Article 6.7 (commencing with Section 124123) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, relating to newborns.


LEGISLATIVE COUNSEL'S DIGEST


AB 1801, as amended, Nazarian. Newborns: cytomegalovirus public education and testing.
Existing law requires the State Department of Public Health to establish a statewide program for the screening of newborns for specified genetic diseases. Existing law requires the department to establish a genetic disease unit to, among other things, evaluate and prepare recommendations on the implementation of tests for the detection of hereditary and congenital diseases. Existing law also requires the department to establish a statewide birth defects monitoring program.
Existing law, the Newborn and Infant Hearing Screening, Tracking and Intervention Act, requires a general acute care hospital with licensed perinatal services to administer to a newborn, upon birth admission, a hearing screening test for the identification of hearing loss, using protocols approved by the State Department of Health Care Services or its designee, unless the newborn’s parent or guardian objects to the test, as specified. Existing law requires the department to develop and implement a reporting and tracking system for newborns and infants tested for hearing loss, as specified. Existing law authorizes the department to conduct a community outreach and awareness campaign to inform medical providers, pregnant women, and the families of newborns and infants about the newborn hearing screening program, as specified.
This bill would, until January 1, 2023, require the State Department of Health Care Services to establish a commission on Cytomegalovirus (CMV) Public Education and Testing. The bill would require the commission to examine research and data relating to congenital CMV, as specified. The bill would require the director of the department to appoint members to the commission, as specified. The bill would require the commission to submit a report to the Legislature on or before December 31, 2019, and annually thereafter for 3 years, an additional report on or before December 31, 2022, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 6.7 (commencing with Section 124123) is added to Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, to read:
Article  6.7. Establishing a Commission on Cytomegalovirus Public Education and Testing

124123.
 As used in this article, the following definitions apply:
(a) “CMV” means cytomegalovirus.
(b) “Newborn” shall have the same meaning as provided in Section 124116.
(c) “Department” means the State Department of Health Care Services.

124123.1.
 (a) The department shall establish a Commission on CMV Public Education and Testing. The commission shall be required to implement this article only to the extent funds are appropriated by the Legislature for these purposes.
(b) It is the intent of the Legislature that the reports submitted pursuant to this article be used as a resource for possible legislation to examine and identify potential public educational resources to inform pregnant women and women who may become pregnant about CMV and to identify children born with CMV in order to improve their health and developmental outcomes.

124123.2.
 (a) The commission shall submit a report no later than December 31, 2019, and annually thereafter for three years, an additional report no later than December 31, 2022, that includes its findings. The commission may submit additional reports, as it deems it appropriate. The report reports may also include recommendations for possible legislation. The commission shall distribute its report reports to the appropriate policy committees of the Legislature. The department shall make the report reports publicly available on its Internet Web site.
(b) If the commission deems it appropriate to make recommendations, including, but not limited to, legislative recommendations, those recommendations shall be evidence-based and data driven.
(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

124123.3.
 (a) The commission shall consist of 13 members, appointed by the director of the department, as follows:
(1) One member who is an infectious disease specialist who has experience with CMV.
(2) One member who is an obstetrician.
(3) One member who is a family physician and is involved with management of pregnancy and delivery of newborns.
(4) One member who is a labor and delivery nurse or nurse manager.
(5) One member who is a parent of a child that has been affected with a birth defect resulting from infection with CMV.
(6) One member who is a pediatrician. general pediatrician who practices primary care.
(7) One member from the California Department of Public Health Newborn Screening Program.
(8) One member from the State Department of Health Care Services Newborn Hearing Screening Program.
(9) One member who is an audiologist.
(10) One member who is a pediatric otolaryngologist.
(11) One member who is a pediatric speech therapist.
(12) One member from the California Association of Health Plans, the Association of California Life and Health Insurance Companies, or America’s Health Insurance Plans.
(13) One member from the California Hospitals Association.
(b) The department shall designate a member to serve as the chair of the commission.
(c) All appointments shall be made no later than January 31, 2019. Within 15 days after appointment of all members, the chair shall convene the initial meeting of the commission.
(d) The commission shall meet at least once every six months.

124123.4.
 (a) The commission shall examine research and data relating to, but not limited to, early identification, testing of congenital CMV, and appropriate treatment of birth defects caused by congenital CMV.
(b) The commission shall also examine and identify possible public educational resources to inform pregnant women and women who may become pregnant that include, but are not limited to:
(1) Information regarding the incidence of CMV.
(2) The transmission of CMV during and before pregnancy.
(3) Birth defects caused by congenital CMV.
(4) Methods of diagnosing congenital CMV.
(5) Available preventive measures.
(6) Resources for the family of a child born with congenital CMV.
(c) The department shall provide or recommend necessary staffing services to the commission, including, but not limited to, staffing offered through the California Medical Association or the California Chapter of the American Academy of Pediatrics, to the extent permitted by law.

124123.5.
 This article shall remain in effect only until January 1, 2023, and as of that date is repealed.

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