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AB-1880 Valley Fever reporting.(2017-2018)

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Date Published: 03/01/2018 09:00 PM
AB1880:v98#DOCUMENT

Amended  IN  Assembly  March 01, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1880


Introduced by Assembly Members Fong and Salas
(Principal coauthor: Assembly Member Mathis)
(Principal coauthor: Senator Fuller)
(Coauthor: Assembly Member Cunningham)(Coauthors: Assembly Members Cunningham, Gallagher, and Lackey)
(Coauthors: Senators Vidak and Wilk)

January 17, 2018


An act to amend Section 120130 of, and to add Section 120132 to, to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1880, as amended, Fong. Valley Fever reporting.
Existing law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions and specify the timeliness requirements related to the reporting of each disease and condition. Existing law also supports research into the development of a vaccine to protect against coccidioidomycosis, also known as Valley Fever.

This bill would clarify that cases of both communicable and noncommunicable diseases are to be timely reported by a health care provider to a local health officer, and by a local health officer to the department. The bill would require a health care provider with a duty to report a case or suspected case of a communicable or noncommunicable disease to complete a one-time mandatory training course on that duty, as specified.

This bill would require the department to collect data on coccidioidomycosis cases on or before April 1 each year, as specified. The bill would require the department, if it collects data on coccidioidomycosis cases and alters that data, removes discrepant data from its internal data set, to timely report sufficient information about its removal of discrepant data to a local health officer how and why it altered the data reported by in order that the local health officer. officer may remove discrepant data from the county’s data set. The bill would also require the department, if it publishes provisional data on coccidioidomycosis cases, to publish an explanation of data changes likely to occur and of discrepancies between data reported by a local health officer and data reported by the department. The bill would require the department to publish the date range of a data set and the date on which the data set was updated if the department publishes data on coccidioidomycosis cases.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.Section 120130 of the Health and Safety Code is amended to read:
120130.

(a)The department shall establish a list of reportable diseases and conditions. For each reportable disease and condition, the department shall specify the timeliness requirements related to the reporting of each disease and condition, and the mechanisms required for, and the content to be included in, reports made pursuant to this section.

(1)The list of reportable diseases and conditions may include both communicable and noncommunicable diseases. The list may include those diseases that are either known to be, or suspected of being, transmitted by milk or milk-based products.

(2)The list may be modified at any time by the department, after consultation with the California Conference of Local Health Officers. Modification of the list shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be implemented without being adopted as a regulation, except that the revised list shall be filed with the Secretary of State and printed in the California Code of Regulations as required pursuant to subdivision (e).

(3)Those communicable and noncommunicable diseases listed as reportable shall be properly reported as required to the department by the local health officer.

(4)Those communicable and noncommunicable diseases listed as reportable shall be properly reported as required to the local health officer by a health care provider. A health care provider required to report a case or suspected case of a communicable or noncommunicable disease shall complete a one-time mandatory training course on the duty to report cases to the local health officer by January 1, 2020, or within two years of the start of his or her duty to report.

(b)The department shall establish a list of communicable diseases and conditions for which clinical laboratories shall submit a culture or a specimen to the local public health laboratory. The list shall set forth the conditions under which the culture and specimen shall also be submitted to the State Public Health Laboratory. The list may be modified at any time by the department, in consultation with appropriate local public health stakeholders, including, but not limited to, local health officers and public health laboratory directors. Both establishment and modification of the list shall be exempt from the administrative regulation and rulemaking requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be implemented without being adopted as a regulation, except that the initial list and modifications shall be filed with the Secretary of State and printed in the California Code of Regulations as required pursuant to subdivision (e).

(c)The department may adopt and enforce regulations requiring strict or modified isolation, or quarantine, for contagious, infectious, or communicable diseases, if in the opinion of the department the action is necessary for the protection of the public health.

(d)The local health officer may require strict or modified isolation, or quarantine, for a case of contagious, infectious, or communicable disease, when this action is necessary for the protection of the public health.

(e)The lists established pursuant to subdivisions (a) and (b) and subsequent modifications shall be published in Title 17 of the California Code of Regulations.

(f)Notwithstanding any other law, a civil or criminal penalty, fine, sanction, or finding, or denial, suspension, or revocation of licensure for a person or facility shall not be imposed based upon a failure to provide the notification of a reportable disease or condition or to provide the submission of a culture or specimen that is required under this section, unless the name of the disease or condition that is required to be reported, or for which a culture or specimen is required to be submitted, was printed in the California Code of Regulations and the department notified the person or facility of the disease or condition at least six months before the date of the claimed failure to report or submit.

(g)Commencing July 1, 2009, or within one year of the establishment of a state electronic laboratory reporting system, whichever is later, a report generated pursuant to this section, or Section 121022, by a laboratory shall be submitted electronically in a manner specified by the department. The department shall allow laboratories that receive incomplete patient information to report the name of the provider who submitted the request to the local health officer.

(h)The department may, through its Internet Web site and via electronic mail, advise out-of-state laboratories that are known to the department to test specimens from California residents of the new reporting requirements.

SEC. 2.SECTION 1.

 Section 120132 is added to the Health and Safety Code, to read:

120132.
 (a) If(1) On or before April 1 each year, the department shall collect data on coccidioidomycosis cases from the following:
(A) The California Reportable Disease Information Exchange (CalREDIE).
(B) Another electronic data system used by a local health department, or via a Form 8280 submitted by a local health officer, or both.
(2) A coccidioidomycosis case diagnosed during the preceding year, but reported after April 1, shall be included in the next year’s data collection and attributed to the year of diagnosis in future data reporting.
(b) If the department collects data on coccidioidomycosis cases from a local health officer and alters that data removes discrepant data from its internal data set for any reason, including, but not limited to, to delete duplicate cases reported by multiple counties, the department shall timely report to a in a timely manner sufficient information about its removal of discrepant data to the local health officer how and why it altered the data originally reported by that local health officer. so that the local health officer may remove discrepant data from the county’s data set.

(b)

(c) If the department publishes provisional data on coccidioidomycosis cases, the department shall include in its publication an explanation for likely data changes between initial and final publication, and an explanation for discrepancies between data reported by a local health officer and data reported by the department.
(d) If the department publishes data on coccidioidomycosis cases, the department shall include in its publication the date range of the data set published and the date on which the published data set was updated.