Bill Text: CA AB2425 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2425	AMENDED
	BILL TEXT

	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, as amended, 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  exempt laboratories that are accredited
in forensic alcohol analysis by the American Society of Crime
Laboratory Directors/Laboratory Accreditation Board from the existing
State Department of Public Health regulations described above that
conflict with more stringent specified requirements that are
established by the accrediting agency, until the date when the
department adopts regulations that incorporate the review committee's
revisions.   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.
   Vote: 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 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  are exempt from the
requirements in 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 January 1, 2015, that conflict with
requirements established by the accrediting agency, as determined by
the review committee, when the accrediting agency requirements are:
  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.  
   (i) More stringent recordkeeping requirements.  
   (ii) Higher proficiency testing standards.  
   (iii) Higher number of site visits and onsite inspections.
 
   (iv) More comprehensive training programs.  
   (v) More current coursework.  
   (B) The exemption identified in subparagraph (A) shall remain in
effect until the date when the department adopts regulations that
incorporate the review committee's revisions pursuant to Section
100703.  
   (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).