Bill Text: CA AB2143 | 2013-2014 | Regular Session | Chaptered
Bill Title: Clinical laboratories: chiropractors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-08-22 - Chaptered by Secretary of State - Chapter 269, Statutes of 2014. [AB2143 Detail]
Download: California-2013-AB2143-Chaptered.html
BILL NUMBER: AB 2143 CHAPTERED
BILL TEXT
CHAPTER 269
FILED WITH SECRETARY OF STATE AUGUST 22, 2014
APPROVED BY GOVERNOR AUGUST 22, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY MAY 29, 2014
AMENDED IN ASSEMBLY MAY 27, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Williams
FEBRUARY 20, 2014
An act to amend Section 1241 of the Business and Professions Code,
relating to healing arts, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2143, Williams. Clinical laboratories: chiropractors.
Under existing law, the State Department of Public Health licenses
and regulates clinical laboratories and certain clinical laboratory
personnel performing clinical laboratory tests or examinations,
subject to certain exceptions, including individuals who perform
clinical laboratory tests or examinations approved by the federal
Food and Drug Administration for sale as an over-the-counter test
kit. Under the Chiropractic Act, enacted by an initiative measure,
the State Board of Chiropractic Examiners licenses and regulates
chiropractors.
This bill would exempt chiropractors listed on the federal
Department of Transportation National Registry of Certified Medical
Examiners who perform urine specific gravity, urine protein, urine
blood, and urine sugar tests as those tests relate to the National
Registry of Certified Medical Examiners, as adopted by the United
States Department of Transportation, that are classified as waived
clinical laboratory tests under the federal Clinical Laboratory
Improvement Amendments of 1988 (CLIA) for the sole purpose of
completing the Department of Motor Vehicles medical examination
report, if the chiropractor obtains a valid certificate of waiver and
complies with all other requirements for the performance of waived
clinical laboratory tests under applicable federal regulations. The
bill would require a chiropractor who receives an abnormal finding,
to refer the applicant to the applicant's primary care physician and
surgeon.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1241 of the Business and Professions Code is
amended to read:
1241. (a) This chapter applies to all clinical laboratories in
California or receiving biological specimens originating in
California for the purpose of performing a clinical laboratory test
or examination, and to all persons performing clinical laboratory
tests or examinations or engaging in clinical laboratory practice in
California or on biological specimens originating in California,
except as provided in subdivision (b).
(b) This chapter shall not apply to any of the following clinical
laboratories, or to persons performing clinical laboratory tests or
examinations in any of the following clinical laboratories:
(1) Those owned and operated by the United States of America, or
any department, agency, or official thereof acting in his or her
official capacity to the extent that the Secretary of the federal
Department of Health and Human Services has modified the application
of CLIA requirements to those laboratories.
(2) Public health laboratories, as defined in Section 1206.
(3) Those that perform clinical laboratory tests or examinations
for forensic purposes only.
(4) Those that perform clinical laboratory tests or examinations
for research and teaching purposes only and do not report or use
patient-specific results for the diagnosis, prevention, or treatment
of any disease or impairment of, or for the assessment of the health
of, an individual.
(5) Those that perform clinical laboratory tests or examinations
certified by the National Institutes on Drug Abuse only for those
certified tests or examinations. However, all other clinical
laboratory tests or examinations conducted by the laboratory are
subject to this chapter.
(6) Those that register with the State Department of Health Care
Services pursuant to subdivision (c) to perform blood glucose testing
for the purposes of monitoring a minor child diagnosed with diabetes
if the person performing the test has been entrusted with the care
and control of the child by the child's parent or legal guardian and
provided that all of the following occur:
(A) The blood glucose monitoring test is performed with a blood
glucose monitoring instrument that has been approved by the federal
Food and Drug Administration for sale over the counter to the public
without a prescription.
(B) The person has been provided written instructions by the child'
s health care provider or an agent of the child's health care
provider in accordance with the manufacturer's instructions on the
proper use of the monitoring instrument and the handling of any
lancets, test strips, cotton balls, or other items used during the
process of conducting a blood glucose test.
(C) The person, receiving written authorization from the minor's
parent or legal guardian, complies with written instructions from the
child's health care provider, or an agent of the child's health care
provider, regarding the performance of the test and the operation of
the blood glucose monitoring instrument, including how to determine
if the results are within the normal or therapeutic range for the
child, and any restriction on activities or diet that may be
necessary.
(D) The person complies with specific written instructions from
the child's health care provider or an agent of the child's health
care provider regarding the identification of symptoms of
hypoglycemia or hyperglycemia, and actions to be taken when results
are not within the normal or therapeutic range for the child. The
instructions shall also contain the telephone number of the child's
health care provider and the telephone number of the child's parent
or legal guardian.
(E) The person records the results of the blood glucose tests and
provides them to the child's parent or legal guardian on a daily
basis.
(F) The person complies with universal precautions when performing
the testing and posts a list of the universal precautions in a
prominent place within the proximity where the test is conducted.
(7) Those individuals who perform clinical laboratory tests or
examinations, approved by the federal Food and Drug Administration
for sale to the public without a prescription in the form of an
over-the-counter test kit, on their own bodies or on their minor
children or legal wards.
(8) Those certified emergency medical technicians and licensed
paramedics providing basic life support services or advanced life
support services as defined in Section 1797.52 of the Health and
Safety Code who perform only blood glucose tests that are classified
as waived clinical laboratory tests under CLIA, if the provider of
those services obtains a valid certificate of waiver and complies
with all other requirements for the performance of waived clinical
laboratory tests under applicable federal regulations.
(9) Those doctors of chiropractic listed on the most current
federal Department of Transportation National Registry of Certified
Medical Examiners that perform urine specific gravity, urine protein,
urine blood, and urine sugar tests as those tests relate to the
National Registry of Certified Medical Examiners, as adopted by the
United States Department of Transportation, as published by the
notice in the Federal Register, Volume 77, Number 77, Friday, April
20, 2012, on pages 24104 to 24135, inclusive, and pursuant to Section
391.42 of Title 49 of the Code of Federal Regulations, that are
classified as waived clinical laboratory tests under CLIA for the
sole purpose of completing the Department of Motor Vehicles Medical
Examination Report, if the doctor of chiropractic obtains a valid
certificate of waiver and complies with all other requirements for
the performance of waived clinical laboratory tests under applicable
federal regulations. If a doctor of chiropractic receives an abnormal
finding, the doctor of chiropractic shall refer the applicant to the
applicant's primary care physician.
(c) Any place where blood glucose testing is performed pursuant to
paragraph (6) of subdivision (b) shall register by notifying the
State Department of Health Care Services in writing no later than 30
days after testing has commenced. Registrants pursuant to this
subdivision shall not be required to pay any registration or renewal
fees nor shall they be subject to routine inspection by the State
Department of Health Care Services.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
Federal law requires a commercial driver whose current medical
certificate expires on or after May 21, 2014, to be examined by a
medical professional listed on the National Registry of Certified
Medical Examiners who has completed training and successfully passed
a test on the Federal Motor Carrier Safety Administration's physical
qualification standards. The federal government expects a shortage of
medical professionals available to perform those examinations. By
allowing chiropractors to perform those examinations immediately,
this act will help alleviate the anticipated shortage.
