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AB-819 Health: municipal and county laboratories.(1995-1996)

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Assembly Bill No. 819
CHAPTER 807

An act to amend Sections 1000, 1001, and 1002 of, and to add Section 1003 to, the Health and Safety Code, relating to health.

[ Filed with Secretary of State  October 13, 1995. Approved by Governor  October 12, 1995. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 819, Cannella. Health: municipal and county laboratories.
Existing law authorizes any city or county to establish a bacteriological and chemical laboratory for the examination of specimens and products for the purpose of protecting the community against infectious disease. Existing law requires that equipment and technical personnel employed by these laboratories be approved by the State Department of Health Services.
This bill would instead require the local health department of a city or county to have available the services of a public health laboratory for the examination of suspected cases of infectious and environmental diseases and would authorize the laboratory to include within its responsibilities the examination of, among other things, the environment and would require the performance of analyses required to assist in community disease surveillance and to meet the responsibilities and to support the programs of the local health department. This bill would make other conforming changes. By requiring local government entities to make the enumerated services of a public health laboratory available, this 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

The people of the State of California do enact as follows:


SECTION 1.

 Section 1000 of the Health and Safety Code is amended to read:

1000.
 For the purpose of protecting the community and the public health, the local health department of a city or county shall have available the services of a public health laboratory for the examination of specimens from suspected cases of infectious and environmental diseases, that may include, but need not be limited to, the examination of specimens from milk, milk products, waters, food products, vectors, and the environment. The public health laboratory shall also provide the analyses required to assist in community disease surveillance and to meet the responsibilities and support the programs of the local health department.

SEC. 2.

 Section 1001 of the Health and Safety Code is amended to read:

1001.
 The cost of establishment and maintenance of the public health laboratory is a legal expenditure from any city or county funds that are for disbursement under the direction of the city or county health officer for the protection of public health.

SEC. 3.

 Section 1002 of the Health and Safety Code is amended to read:

1002.
 Any city or county public health laboratory established for the purposes set forth in this chapter shall use only equipment and quality assurance programs and employ only technical personnel that meet with the approval of the State Department of Health Services.

SEC. 4.

 Section 1003 is added to the Health and Safety Code, to read:

1003.
 Nothing in this chapter, or any other provision of law, shall be construed to restrict, limit, or prevent individuals certified under authority of this part from performing their duties for the protection of the public health.

SEC. 5.

 The Legislature finds and declares that the changes made by this act are declaratory of, and do not expand the requirements of, existing law.

SEC. 6.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.