Bill Text: CA AB757 | 2015-2016 | Regular Session | Enrolled

---

Bill Title: Healing arts: clinical laboratories.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB757 Detail]

Download: California-2015-AB757-Enrolled.html

---

BILL NUMBER: AB 757	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2015
	PASSED THE ASSEMBLY  AUGUST 31, 2015
	AMENDED IN SENATE  JUNE 22, 2015
	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 25, 2015

   An act to add and repeal Section 1246.7 of the Business and
Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 757, Gomez. Healing arts: clinical laboratories.
   Existing law provides for the licensure, registration, and
regulation of clinical laboratories and various clinical laboratory
personnel by the State Department of Public Health, with specified
exceptions. A violation of those provisions is a crime. Existing law
authorizes a person who is licensed under those provisions to perform
certain laboratory tests.
   This bill, until January 1, 2019, would authorize a person with
specified qualifications to perform a total protein refractometer
test using an automatic, button-operated refractometer with a digital
readout in a licensed plasma collection facility in this state.
Because a violation of those provisions would be a crime, the bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation to identify who, and under which circumstances he or she,
may perform a total protein refractometer test using an automatic,
button-operated refractometer with a digital readout in a licensed
plasma collection facility in this state.
  SEC. 2.  Section 1246.7 is added to the Business and Professions
Code, to read:
   1246.7.  (a) A person whose qualifications are at least the
equivalent of those specified in Section 493.1423(b)(4) of Title 42
of the Code of Federal Regulations may perform a total protein
refractometer test using an automatic, button-operated refractometer
with a digital readout in a licensed plasma collection facility in
this state if all of the following conditions are met:
   (1) He or she has earned a high school diploma or equivalent, as
determined by the Centers for Medicare and Medicaid Services (CMS)
pursuant to the federal Clinical Laboratory Improvement Amendments of
1998 (CLIA) (42 U.S.C. Sec. 263a).
   (2) He or she performs the total protein refractometer test using
an automatic, button-operated refractometer with a digital readout in
a licensed plasma collection facility.
   (3) His or her training in the proper procedure to be employed
when performing a total protein refractometer test using an
automatic, button-operated refractometer with a digital readout has
been certified by a physician and surgeon licensed in this state or
by a licensed clinical laboratory director who is in charge of the
licensed plasma collection facility, or their certified, trained
designate. The instructor shall document, and the plasma collection
facility shall maintain the documentation of, the individual's
successful completion of training in the performance of the total
protein refractometer test using an automatic, button-operated
refractometer with a digital readout.
   (4) He or she performs the total protein refractometer test using
an automatic, button-operated refractometer with a digital readout
under the direction and supervision of the physician and surgeon or
licensed clinical laboratory director.
   (5) He or she submits the test results to the physician and
surgeon or licensed clinical laboratory director under whose
direction and supervision he or she performed the test using an
automatic, button-operated refractometer with a digital readout.
   (b) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.