Bill Text: CA AB2425 | 2013-2014 | Regular Session | Chaptered
Bill Title: Laboratories: review committee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-25 - Chaptered by Secretary of State - Chapter 570, Statutes of 2014. [AB2425 Detail]
Download: California-2013-AB2425-Chaptered.html
BILL NUMBER: AB 2425 CHAPTERED
BILL TEXT
CHAPTER 570
FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2014
APPROVED BY GOVERNOR SEPTEMBER 25, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE AUGUST 5, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
INTRODUCED BY Assembly Member Quirk
FEBRUARY 21, 2014
An act to amend Sections 100700 and 100703 of the Health and
Safety Code, relating to laboratories.
LEGISLATIVE COUNSEL'S DIGEST
AB 2425, Quirk. Laboratories: review committee.
Existing law requires laboratories engaging in the performance of
forensic alcohol analysis tests by or for law enforcement agencies on
blood, urine, tissue, or breath for the purposes of determining the
concentration of ethyl alcohol in persons involved in traffic
accidents or in traffic violations to comply with various existing
State Department of Public Health regulations regarding the
inspection of laboratories, collection and handling of samples,
methods of analysis, and laboratory records, until the time those
regulations are revised, as specified. Existing regulations require
each forensic alcohol laboratory to establish the concentration of
each lot of secondary alcohol standards it uses, whether prepared or
acquired, by an oxidimetric method that employs a primary standard.
Existing regulations require analytical results to be reported to the
2nd decimal place. Existing law requires the State Department of
Public Health to establish a review committee, which is required to
meet at least once in each 5-year period after its initial meeting,
or within 60 days of receipt of a request by the department or a
member of the review committee, to evaluate and determine revisions
to relevant department regulations. Existing law requires the
department to adopt regulations to incorporate the review committee's
revisions.
This bill would prohibit laboratories that are accredited in
forensic alcohol analysis by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board from being required to
establish the concentration of each lot of secondary alcohol
standards it uses, whether prepared or acquired, by an oxidimetric
method that employs a primary standard, and would specify that those
laboratories are not limited to reporting analytical results to the
2nd decimal place. The bill would instead require the review
committee to meet at least once in each 3-year period after its
initial meeting and would require the review committee, in
determining revisions, to take into consideration the advancement and
development of scientific processes, including the reporting of
results with an estimated uncertainty measurement.
This bill would make an additional conforming change to existing
law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 100700 of the Health and Safety Code is amended
to read:
100700. (a) (1) Except as provided in paragraph (2), laboratories
engaged in the performance of forensic alcohol analysis tests by or
for law enforcement agencies on blood, urine, tissue, or breath for
the purposes of determining the concentration of ethyl alcohol in
persons involved in traffic accidents or in traffic violations shall
comply with Group 8 (commencing with Section 1215) of Subchapter 1 of
Chapter 2 of Division 1 of Title 17 of the California Code of
Regulations, as they exist on December 31, 2004, until the date when
those regulations are revised pursuant to Section 100703.
(2) (A) Laboratories that are accredited in forensic alcohol
analysis by the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board shall not be required to
establish the concentration of each lot of secondary alcohol
standards it uses, whether prepared or acquired, by an oxidimetric
method that employs a primary standard.
(B) Laboratories that are accredited in forensic alcohol analysis
by the American Society of Crime Laboratory Directors/Laboratory
Accreditation Board are not limited to reporting analytical results
to the second decimal place.
(b) Notwithstanding subdivision (a), the department shall not
require laboratories to be licensed.
SEC. 2. Section 100703 of the Health and Safety Code is amended to
read:
100703. (a) On or before July 1, 2005, the department shall
establish a review committee.
(b) The review committee shall have eight members, including one
person representing each of the following:
(1) Prosecuting attorneys.
(2) Law enforcement agencies.
(3) Defense attorneys.
(4) Coroners, pathologists, or medical examiners.
(5) Criminalists.
(6) Toxicologists.
(7) Crime laboratory directors.
(8) The State Department of Public Health.
(c) The review committee shall meet at least once in each
three-year period after its initial meeting, or within 60 days of
receipt of a request by the department or a member of the review
committee.
(d) The review committee shall evaluate Group 8 (commencing with
Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17
of the California Code of Regulations and determine revisions that
will limit those regulations to those that the review committee
determines are reasonably necessary to ensure the competence of the
laboratories and employees to prepare, analyze, and report the
results of the tests and comply with applicable laws. In determining
revisions, the review committee shall also take into consideration
the advancement and development of scientific processes, including
the reporting of results with an estimated uncertainty measurement.
The review committee shall submit a summary of revisions to the
California Health and Human Services Agency.
(e) Within 90 days of receiving the review committee's revisions,
the California Health and Human Services Agency may disapprove of one
or more of those revisions.
(f) (1) Except as provided in paragraph (2), the department shall
adopt regulations pursuant to this section that shall incorporate the
review committee's revisions. Nothing in this section shall be
construed as exempting the regulations from the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(2) The department shall not adopt regulations to incorporate any
review committee revisions that were disapproved under subdivision
(e).
