Bill Text: CA AB70 | 2009-2010 | Regular Session | Amended
Bill Title: Public postsecondary education: genetic testing.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2010-08-11 - In committee: Set, first hearing. Failed passage. [AB70 Detail]
Download: California-2009-AB70-Amended.html
BILL NUMBER: AB 70 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN SENATE JUNE 24, 2010
INTRODUCED BY Assembly Member Norby
DECEMBER 12, 2008
An act to add and repeal Section 66019.7 of the Education Code,
relating to public postsecondary education, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 70, as amended, Norby. Public postsecondary education: genetic
testing.
(1) Existing law, known as the Donahoe Higher Education Act, sets
forth the missions of the various segments of public postsecondary
education in this state. The segments of public postsecondary
education in this state are the California State University, the
University of California, and the California Community Colleges. The
provisions of the Donahoe Higher Education Act apply to the
University of California only to the extent that the Regents of the
University of California act by resolution to make them applicable.
Existing law, known as the Protection of Human Subjects in Medical
Experimentation Act, prohibits a person from being subjected to any
medical experiment unless the informed consent of that person is
obtained. The act specifies the potential civil and criminal
liability of a person who is primarily responsible for conduct of a
medical experiment and who negligently allows the experiment to be
conducted without a subject's informed consent or who willfully fails
to obtain informed consent.
This bill would add to the Donahoe Higher Education Act a
provision prohibiting requesting the
California State University from, and requesting
and the University of California to refrain from
, making an unsolicited request , as de
fined, to an enrolled or prospective student of that
segment for a DNA sample for the purpose of genetic testing. The
bill would specify that it does not prohibit a licensed health care
provider in a university facility from performing genetic testing and
counseling in the course of a patient's medical care.
The bill would require the University of California and the
California State University to report, on a quarterly basis, in
writing, the total amount of any expenditures, irrespective of
source, the university makes in order to make an unsolicited
request or requests to any enrolled or prospective student of that
segment for a DNA sample for the purpose of genetic testing
pursuant to legal judgments or settlements resulting from
violations of the informed consent requirements of the Protection of
Human Subjects in Medical Experimentation Act or a specified federal
regulation, or both, relating to unsolicited requests for DNA samples
. The bill would require that the first of these quarterly
reports be submitted to the Controller, the Governor, and the
Legislature on or before January 1, 2011, and include all university
expenditures for this purpose that have occurred prior to the date of
the report.
The bill would require the Controller to revert to the General
Fund an amount equal to the amount of any expenditures reported
pursuant to the bill from any unencumbered moneys that have been
previously appropriated from the General Fund to the University of
California and the California State University . The bill
would require that subsequent quarterly reports be submitted on or
before January 1, April 1, July 1, and October 1 of each year while
this provision is operative.
These provisions would be repealed on January 1, 2015.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The collection, testing, and storage of genetic material pose
unique challenges to protecting individual privacy.
(b) Recent research demonstrates that even seemingly anonymous
genetic data can be used to identify individual research subjects.
(c) The Protection of Human Subjects in Medical Experimentation
Act (Chapter 1.3 (commencing with Section 24170) of Division 20 of
the Health and Safety Code) requires that subjects receive
substantial written and verbal explanations before they can provide
informed consent.
(d) Universities design programs to engage the student body and
encourage broad participation, and students may feel coerced to
participate in official activities involving widespread genetic
testing.
(e) The federal Government Accountability Office concluded in 2006
that genetic tests to inform dietary and nutritional choices "are
medically unproven," "mislead consumers," and "do not provide
meaningful information."
(f) A student who voluntarily provides DNA to a public institution
of higher education could suffer consequences later in life, if some
future occurrence causes the confidentiality of the DNA sample to be
compromised in some manner.
(g) For example, in May 2009, a hacking attack at the University
of California, Berkeley, compromised the security of the medical
information of approximately 100,000 current and former students.
SEC. 2. Section 66019.7 is added to the Education Code, to read:
66019.7. (a) Notwithstanding any other law:
(1) (A) The California State University
is prohibited from, and the University of
California is are requested to refrain
from , making an unsolicited request to an
enrolled or prospective student of that segment for a DNA sample for
the purpose of genetic testing. This
(B) As used in this section, "unsolicited request" means a
transmittal of materials designed to collect DNA to any person or
entity without that person's or entity's prior express invitation or
permission.
(C) This section does not
prohibit a licensed health care provider in a university facility
from performing genetic testing and counseling in the course of a
patient's medical care.
(2) The University of California and the California State
University shall report, on a quarterly basis, in writing, the
total amount of any expenditures, irrespective of source, the
university makes in order to make an unsolicited request or
requests to any enrolled or prospective student of that segment for a
DNA sample for the purpose of genetic testing. The
pursuant to legal judgments or settlements resulting from violations
of the informed consent requirements set forth in Section 24173 of
the Health and Safety Code or Part 46 (commencing with Section
46.101) of Title 45 of the Code of Federal Regulations, or both,
relating to unsolicited requests for DNA samples. The first of
the quarterly reports required by this section shall be submitted to
the Controller, the Governor, and the Legislature on or before
January 1, 2011, and shall report all university expenditures for
this purpose that have occurred prior to the date of the report.
Subsequent quarterly reports under this section shall be submitted on
or before January 1, April 1, July 1, and October 1 of each year
while this section is operative.
(3) (A) The Controller shall revert to the
General Fund an amount equal to the amount of any expenditures
reported by the University of California pursuant to
paragraph (2) from any unencumbered moneys that have been previously
appropriated from the General Fund to the University of California.
(B) The Controller shall revert to the General Fund an amount
equal to the amount of any expenditures reported by the California
State University pursuant to paragraph (2) from any unencumbered
moneys that have been previously appropriated from the General Fund
to the California State University.
(b) (1) A report to be submitted pursuant to paragraph (2) of
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2015.
SEC. 3. 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:
In order to protect students of the California State University
and the University of California from unsolicited requests to submit
to genetic testing prior to the commencement of the 2010-11 academic
year, it is necessary that this act take effect immediately.
