Bill Text: CA AB2399 | 2015-2016 | Regular Session | Amended
Bill Title: Pregnancy: prenatal blood testing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2399 Detail]
Download: California-2015-AB2399-Amended.html
BILL NUMBER: AB 2399 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 18, 2016
An act to amend Sections 1627, 1630, 102247, 103625,
123371, 125055, and Section 125092 of the Health
and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2399, as amended, Nazarian. Pregnancy: umbilical cord
blood: blood testing. prenatal blood testing.
(1) Existing law requires the State Department of Public Health to
develop standardized, objective information about umbilical cord
blood donation to enable a pregnant woman to make an informed
decision regarding what she wants to do with the umbilical cord
blood. Existing law requires that this information be made available
in Cantonese, English, Spanish, and Vietnamese. Existing law
prohibits public funds from being used by the department to provide
awareness, assistance, and information regarding umbilical cord blood
banking options and creates the Umbilical Cord Blood Education
Account within the State Treasury, which is funded by private
donations, to be used by the department for these purposes, as
specified.
Existing law also requires a licensed physician
and surgeon, or other person engaged in the prenatal care of a
pregnant woman, to obtain a blood specimen from the woman for
purposes of determining the presence of hepatitis B or human
immunodeficiency virus (HIV). Existing law requires the
department State Department of Public Health to
develop culturally sensitive informational material in English,
Spanish, and other languages to inform a pregnant woman about the
purpose of obtaining this blood sample.
Existing law requires the department to develop an education
program designed to educate physicians and the public concerning the
uses of prenatal testing and the availability of the California
Prenatal Screening Program. Existing law requires the department to
include specified information in the patient educational information.
This bill would change the language requirements for the
umbilical cord blood informational material, the prenatal testing
informational material, and the patient educational information
material to require the information to be
informational material described above to require that it is
provided in languages that meet a specified numeric threshold.
The bill would also delete provisions that create the
Umbilical Cord Blood Education Account and remove the prohibition
against using public funds to provide information about umbilical
cord blood banking.
(2) Existing law requests the University of California to
establish and administer the Umbilical Cord Blood Collection Program
for the purpose of collecting units of umbilical cord blood for
public use, as defined, in transplantation and providing nonclinical
units for specified research. Existing law provides that any funds
made available for purposes of the program shall be deposited into
the Umbilical Cord Blood Collection Program Fund and that moneys in
the fund shall be made available, upon appropriation by the
Legislature, for purposes of the program. Existing law provides the
program and the program fund shall conclude no later than January 1,
2018.
This bill would extend the existence of the program and the
program fund until January 1, 2023.
(3) Existing law requires, until January 1, 2018, the collection
of an $18 fee for certified copies of birth certificates. Existing
law requires $2 of this $18 fee to be paid to the Umbilical Cord
Blood Collection Program Fund.
This bill would extend the $18 fee for certified copies of birth
certificates until January 1, 2023. The bill would also extend the
collection and deposit of the $2 portion of the fee into the
Umbilical Cord Blood Collection Program Fund until January 1, 2023.
(4) Existing law creates the Health Statistics Special Fund which
consists of revenues from several sources, including many funds
collected by the State Registrar. Until January 1, 2018, Umbilical
Cord Blood Program Fund fees are excluded from that fund. Existing
law provides that moneys in the Health Statistics Special Fund shall
be expended by the State Registrar, as specified, upon appropriation
by the Legislature.
This bill would extend the existence of the fund until January 1,
2023.
This bill would include a change in state statute that would
result in a taxpayer paying a higher tax within the meaning of
Section 3 of Article XIII A of the California Constitution, and thus
would require for passage the approval of 2/3 of the membership of
each house of the Legislature.
Vote: 2/3 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 1627 of the Health and
Safety Code is amended to read:
1627. (a) (1) On or before July 1, 2011, the University of
California is requested to develop a plan to establish and administer
the Umbilical Cord Blood Collection Program for the purpose of
collecting units of umbilical cord blood for public use in
transplantation and providing nonclinical units for research
pertaining to biology and new clinical utilization of stem cells
derived from the blood and tissue of the placenta and umbilical cord.
The program shall conclude no later than January 1, 2023.
(2) For purposes of this article, "public use" means both of the
following:
(A) The collection of umbilical cord blood units from genetically
diverse donors that will be owned by the University of California.
This inventory shall be accessible by the National Registry and by
qualified California-based and other United States and international
registries and transplant centers to increase the likelihood of
providing suitably matched donor cord blood units to patients or
research participants who are in need of a transplant.
(B) Cord blood units with a lower number of cells than deemed
necessary for clinical transplantation and units that meet clinical
requirements, but for other reasons are unsuitable, unlikely to be
transplanted, or otherwise unnecessary for clinical use, may be made
available for research.
(b) (1) In order to implement the collection goals of this
program, the University of California may, commensurate with
available funds appropriated to the University of California for this
program, contract with one or more selected applicant entities that
have demonstrated the competence to collect and ship cord blood units
in compliance with federal guidelines and regulations.
(2) It is the intent of the Legislature that, if the University of
California contracts with another entity pursuant to this
subdivision, the following shall apply:
(A) The University of California may use a competitive process to
identify the best proposals submitted by applicant entities to
administer the collection and research objectives of the program, to
the extent that the University of California chooses not to undertake
these activities itself.
(B) In order to qualify for selection under this section to
receive, process, cryopreserve, or bank cord blood units, the entity
shall, at a minimum, have obtained an investigational new drug (IND)
exemption from the FDA or a biologic license from the FDA, as
appropriate, to manufacture clinical grade cord blood stem cell units
for clinical indications.
(C) In order to qualify to receive appropriate cord blood units
and placental tissue to advance the research goals of this program,
an entity shall, at a minimum, be a laboratory recognized as having
performed peer-reviewed research on stem and progenitor cells,
including those derived from placental or umbilical cord blood and
postnatal tissue.
(3) A medical provider or research facility shall comply with, and
shall be subject to, existing penalties for violations of all
applicable state and federal laws with respect to the protection of
any medical information, as defined in Section 56.05 of the Civil
Code, and any personally identifiable information contained in the
umbilical cord blood inventory.
(c) The University of California is encouraged to make every
effort to avoid duplication or conflicts with existing and ongoing
programs and to leverage existing resources.
(d) (1) All information collected pursuant to the program shall be
confidential, and shall be used solely for the purposes of the
program, including research. Access to confidential information shall
be limited to authorized persons who are bound by appropriate
institutional policies or who otherwise agree, in writing, to
maintain the confidentiality of that information.
(2) Any person who, in violation of applicable institutional
policies or a written agreement to maintain confidentiality,
discloses any information provided pursuant to this section, or who
uses information provided pursuant to this section in a manner other
than as approved pursuant to this section, may be denied further
access to any confidential information maintained by the University
of California, and shall be subject to a civil penalty not exceeding
one thousand dollars ($1,000). The penalty provided for in this
section shall not be construed to limit or otherwise restrict any
remedy, provisional or otherwise, provided by law for the benefit of
the University of California or any other person covered by this
section.
(3) Notwithstanding the restrictions of this section, an
individual to whom the confidential information pertains shall have
access to his or her own personal information.
(e) It is the intent of the Legislature that the plan and
implementation of the program provide for both of the following:
(1) Limit fees for access to cord blood units to the reasonable
and actual costs of storage, handling, and providing units, as well
as for related services such as donor matching and testing of cord
blood and other programs and services typically provided by cord
blood banks and public use programs.
(2) The submittal of the plan developed pursuant to subdivision
(a) to the health and fiscal committees of the Legislature.
(f) It is additionally the intent of the Legislature that the plan
and implementation of the program attempt to provide for all of the
following:
(1) Development of a strategy to increase voluntary participation
by hospitals in the collection and storage of umbilical cord blood
and identify funding sources to offset the financial impact on
hospitals.
(2) Consideration of a medical contingency response program to
prepare for and respond effectively to biological, chemical, or
radiological attacks, accidents, and other public health emergencies
where victims potentially benefit from treatment.
(3) Exploration of the feasibility of operating the program as a
self-funding program, including the potential for charging users a
reimbursement fee.
SEC. 2. Section 1630 of the Health and Safety
Code is amended to read:
1630. This article shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.
SEC. 3. Section 102247 of the Health and Safety
Code, as amended by Section 169 of Chapter 296 of the Statutes of
2011, is amended to read:
102247. (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102 of this
code.
(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
(4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, Umbilical Cord Blood Collection
Program Fund fees collected pursuant to Section 103625, and fees
allocated to the Judicial Council pursuant to Section 1852 of the
Family Code, all of which shall be deposited into the General Fund.
(b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
(c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
(e) This section shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.
SEC. 4. Section 102247 of the Health and Safety
Code, as amended by Section 170 of Chapter 296 of the Statutes of
2011, is amended to read:
102247. (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:
(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section 26801) of
Part 3 of Division 2 of Title 3 of the Government Code, and Chapter 4
(commencing with Section 102525), Chapter 5 (commencing with Section
102625), Chapter 8 (commencing with Section 103050), and Chapter 15
(commencing with Section 103600) of Part 1 of Division 102 of this
code.
(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
(4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code and fees allocated to the Judicial
Council pursuant to Section 1852 of the Family Code, all of which
shall be deposited into the General Fund.
(b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
(c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
(e) This section shall become operative on January 1, 2023.
SEC. 5. Section 103625 of the Health and Safety
Code, as amended by Section 5 of Chapter 402 of the Statutes of
2011, is amended to read:
103625. (a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of eighteen dollars ($18)
shall be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any eighteen-dollar ($18) fee is
exempt from subdivision (e) and shall be paid either to a county
children's trust fund or to the State Children's Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code. Two
dollars ($2) of any eighteen-dollar ($18) fee is exempt from
subdivision (e) and shall be paid to the Umbilical Cord Blood
Collection Program Fund in conformity with Section 1628.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall do the following:
(1) Transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(2) Retain 85 percent of the fee for each certified copy solely to
support the issuing agency for all activities related to the
issuance of certified copies of records pursuant to subdivisions (a)
to (d), inclusive.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) The nine dollar ($9) increase to the base fee authorized in
subdivision (a) for a certified copy of a fetal death record or death
record and subdivision (b) for a certified copy of a birth
certificate shall be applied incrementally as follows:
(1) A five dollar ($5) increase applied as of January 1, 2012.
(2) An additional two dollar ($2) increase applied as of January
1, 2013.
(3) An additional two dollar ($2) increase applied as of January
1, 2014.
(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(n) This section shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.
SEC. 6. Section 103625 of the Health and Safety
Code, as amended by Section 6 of Chapter 402 of the Statutes of 2011,
is amended to read:
103625. (a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of sixteen dollars ($16) shall
be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any sixteen-dollar ($16) fee is
exempt from subdivision (e) and shall be paid either to a county
children's trust fund or to the State Children's Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall do the following:
(1) Transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(2) Retain 85 percent of the fee for each certified copy solely to
support the issuing agency for all activities related to the
issuance of certified copies of records pursuant to subdivisions (a)
to (d), inclusive.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect
to those fees and for other costs as follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
(m) This section shall become operative on January 1, 2023.
SEC. 7. Section 123371 of the Health and Safety
Code is amended to read:
123371. (a) (1) The State Department of Public Health shall
develop standardized, objective information about umbilical cord
blood donation that is sufficient to allow a pregnant woman to make
an informed decision on whether to participate in a private or public
umbilical cord blood banking program. The information developed by
the department shall enable a pregnant woman to be informed of her
option to do any of the following:
(A) Discard umbilical cord blood.
(B) Donate umbilical cord blood to a public umbilical cord blood
bank.
(C) Store the umbilical cord blood in a family umbilical cord
blood bank for the use by immediate and extended family members.
(D) Donate umbilical cord blood to research.
(2) The information developed pursuant to paragraph (1) shall
include, but not be limited to, all of the following:
(A) The current and potential future medical uses of stored
umbilical cord blood.
(B) The benefits and risks involved in umbilical cord blood
banking.
(C) The medical process involved in umbilical cord blood banking.
(D) Medical or family history criteria that can impact a family's
consideration of umbilical cord banking.
(E) An explanation of the differences between public and private
umbilical cord blood banking.
(F) The availability and costs of public or private umbilical cord
blood banks.
(G) Medical or family history criteria that can impact a family's
consideration of umbilical cord blood banking.
(H) An explanation that the practices and policies of blood banks
may vary with respect to accreditation, cord blood processing and
storage methods, costs, and donor privacy.
(I) An explanation that pregnant women are not required to donate
their umbilical cord blood for research purposes.
(b) The information provided by the department pursuant to
subdivision (a) shall be made available in the languages that meet
the numeric threshold described in Section 14029.91 of the Welfare
and Institutions Code, and shall be updated by the department as
needed.
(c) The information provided by the department pursuant to
subdivision (a) shall be made available on the Internet Web sites of
the licensing boards that have oversight over primary prenatal care
providers.
(d) (1) A primary prenatal care provider of a woman who is known
to be pregnant may, during the first prenatal visit, provide the
information required by subdivision (a) to the pregnant woman.
(2) For purposes of this article, a "prenatal care provider" means
a health care provider licensed pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code, or pursuant
to an initiative act referred to in that division, who provides
prenatal medical care within his or her scope of practice.
SEC. 8. Section 125055 of the Health and Safety
Code is amended to read:
125055. The department shall:
(a) Establish criteria for eligibility for the prenatal testing
program. Eligibility shall include definition of conditions and
circumstances that result in a high risk of a detectable genetic
disorder or birth defect.
(b) (1) Develop an education program designed to educate
physicians and surgeons and the public concerning the uses of
prenatal testing and the availability of the program.
(2) (A) Include information regarding environmental health in the
California Prenatal Screening Program patient educational
information. This environmental health information shall include the
following statement:
"We encounter chemicals and other substances in everyday life that
may affect your developing fetus. Fortunately, there are steps you
can take to reduce your exposure to these potentially harmful
substances at home, in the workplace, and in the environment. Many
Californians are unaware that a number of everyday consumer products
may pose potential harm. Prospective parents should talk to their
doctor and are encouraged to read more about this topic to learn
about simple actions to promote a healthy pregnancy."
(B) The department shall include in the patient educational
information links to educational materials derived from peer-reviewed
materials based on the best available evidence relating to
environmental health and reproductive toxins.
(C) The department shall post the environmental health information
described in subparagraphs (A) and (B) on its Internet Web site.
(D) The department shall send a notice to all distributors of the
patient educational information informing them of the change to that
information. In the notice, the department shall encourage
obstetrician-gynecologists and midwives to discuss environmental
health with their patients and to direct their patients to the
appropriate page or pages in the patient educational information to
provide their patients with additional information.
(E) In order to minimize costs, the environmental health
information described in this paragraph shall be included when the
patient educational information is otherwise revised and reprinted.
(F) The department may modify the language in the patient
educational information after consultation with medical and
scientific experts in the field of environmental health and
reproductive toxins.
(G) The patient educational information shall be made available in
the languages that meet the numeric threshold described in Section
14029.91 of the Welfare and Institutions Code, and shall be updated
by the department as needed.
(c) Ensure that genetic counseling be given in conjunction with
prenatal testing at the approved prenatal diagnosis centers.
(d) Designate sufficient prenatal diagnosis centers to meet the
need for these services. Prenatal diagnosis centers shall have
equipment and staff trained and capable of providing genetic
counseling and performing prenatal diagnostic procedures and tests,
including the interpretation of the results of the procedures and
tests.
(e) Administer a program of subsidy grants for approved nonprofit
prenatal diagnosis centers. The subsidy grants shall be awarded based
on the reported number of low-income women referred to the center,
the number of prenatal diagnoses performed in the previous year at
that center, and the estimated size of unmet need for prenatal
diagnostic procedures and tests in its service area. This subsidy
shall be in addition to fees collected under other state programs.
(f) Establish any rules, regulations, and standards for prenatal
diagnostic testing and the allocation of subsidies as the director
deems necessary to promote and protect the public health and safety
and to implement the Hereditary Disorders Act (Section 27).
(g) (1) The department shall expand prenatal screening to include
all tests that meet or exceed the current standard of care as
recommended by nationally recognized medical or genetic
organizations, including, but not limited to, inhibin.
(2) The prenatal screening fee increase for expanding prenatal
screening to include those tests described in paragraph (1) is forty
dollars ($40).
(3) The department shall report to the Legislature regarding the
progress of the program with regard to implementing prenatal
screening for those tests described in paragraph (1) on or before
July 1, 2007. The report shall include the costs of screening,
followup, and treatment as compared to costs and morbidity averted by
this testing under the program.
(4) (A) The expenditure of funds from the Genetic Disease Testing
Fund for the expansion of the Genetic Disease Branch Screening
Information System to include the expansion of prenatal screenings,
pursuant to paragraph (1), may be implemented through the amendment
of the Genetic Disease Branch Screening Information System contracts,
and shall not be subject to Chapter 2 (commencing with Section
10290) or Chapter 3 (commencing with Section 12100) of Part 2 of
Division 2 of the Public Contract Code, Article 4 (commencing with
Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the
Government Code, or Sections 4800 to 5180, inclusive, of the State
Administrative Manual as they relate to approval of information
technology projects or approval of increases in the duration or costs
of information technology projects. This paragraph shall apply to
the design, development, and implementation of the expansion, and to
the maintenance and operation of the Genetic Disease Branch Screening
Information System, including change requests, once the expansion is
implemented.
(B) (i) The department may adopt emergency regulations to
implement and make specific the amendments to this section made
during the 2006 portion of the 2005-06 Regular Session in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. For the purposes of the
Administrative Procedure Act, the adoption of regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, these emergency
regulations shall not be subject to the review and approval of the
Office of Administrative Law. Notwithstanding Sections 11346.1 and
11349.6 of the Government Code, the department shall submit these
regulations directly to the Secretary of State for filing. The
regulations shall become effective immediately upon filing by the
Secretary of State. Regulations shall be subject to public hearing
within 120 days of filing with the Secretary of State and shall
comply with Sections 11346.8 and 11346.9 of the Government Code or
shall be repealed.
(ii) The Office of Administrative Law shall provide for the
printing and publication of these regulations in the California Code
of Regulations. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, the
regulations adopted pursuant to this chapter shall not be repealed
by the Office of Administrative Law and shall remain in effect until
revised or repealed by the department.
SEC. 9. SECTION 1. Section 125092 of
the Health and Safety Code is amended to read:
125092. (a) The department, in consultation with the Office of
AIDS and with other stakeholders, including, but not limited to,
representatives of professional medical and public health advocacy
groups, providers of health care to women and infants infected with
or exposed to HIV, and women living with HIV, shall develop
culturally sensitive informational material adequate to fulfill the
requirements of subdivisions (c) and (d) of Section 125090.
(b) This material shall be made available in the languages that
meet the numeric threshold described in Section 14029.91 of the
Welfare and Institutions Code when providing information to clients
under the Medi-Cal program, and shall be updated by the department as
necessary.
(c) This material shall also include information on available
referral and consultation resources of experts in prenatal HIV
treatment.
