Today's Law As Amended


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SB-1331 Hemodialysis: technician training.(1997-1998)



As Amends the Law Today


SECTION 1.

 Section 1247.63 of the Business and Professions Code is amended to read:

1247.63.
 (a)   Certification of a hemodialysis technician issued by the department pursuant to subdivision (a) of Section 1247.6 shall be valid for four years.  
(b)  Those hemodialysis technicians certified by the department or the Board of Nephrology Examination for Nurses and Technicians (BONENT) before January 1, 1995, shall, before January 1, 1996, apply to renew their certification, or in the case of those technicians certified by the Board of Nephrology Examination for Nurses and Technicians (BONENT) obtain department certification, by submitting the fee required by subdivision (n) of Section 1300 and proof of previous certification. The department shall automatically renew the certification of those hemodialysis technicians who were certified before January 1, 1995, and who apply for renewal pursuant to this subdivision.
(b) (c)   A certified  For renewals occurring on or after January 1, 1996, a  hemodialysis technician applying for renewal of his or her certification shall submit proof that he or she has obtained 30 hours of in-service training or continuing education in dialysis care or general health care as a requirement for the renewal of his or her certification.  
(c) (d)  An   expired certification may be renewed at any time within two years after its expiration on the filing of an application for renewal and documentation of the required in-service education. This section shall become inoperative on July 1, 2000, and, as of January 1, 2001, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2001, deletes or extends the dates on which it becomes inoperative and is repealed.  

SEC. 2.

 Section 1247.64 of the Business and Professions Code is amended to read:

1247.64.
 A hemodialysis technician may obtain the in-service training or continuing education required by subdivision (b) (c)  of Section 1247.63 from one or more of the following sources:
(a)   Health-related courses offered by accredited postsecondary institutions.  
(b)   Health-related courses offered by continuing education providers approved by the California Board of Registered Nursing.  
(c)   Health-related courses offered by recognized health associations if the department determines the courses to be acceptable.  
(d)   Health-related, employer-sponsored in-service training or continuing education programs.  
(e)  This section shall become inoperative on July 1, 2000, and, as of January 1, 2001, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2001, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 3.

 Section 1247.66 of the Business and Professions Code is amended to read:

1247.66.
 (a)   The department may deny, suspend, or revoke the certification of a hemodialysis technician if it finds that the hemodialysis technician is not in compliance with this article, or any regulations adopted by the department to administer this article.  
(b)   The department may deny, suspend, or revoke the certification of a hemodialysis technician for any of the following causes:  
(1)   Unprofessional conduct, which includes incompetence or gross negligence in carrying out his or her usual functions.  
(2)   Procuring a certificate by fraud, misrepresentation, or mistake.  
(3)   Making or giving any false statement or information in conjunction with the application for issuance or renewal of a certificate.  
(4)   Conviction of a crime substantially related to the qualifications, functions, and duties of a hemodialysis technician in which event the record of the conviction shall be conclusive evidence thereof.  
(c)   In addition to other acts constituting unprofessional conduct within the meaning of this article, all of the following constitute unprofessional conduct:  
(1)   Conviction for, or use of, any narcotic drug, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug, as defined in Article 7 (commencing with Section 4211) of Chapter 9, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the hemodialysis technician or any other person, or the public, to the extent that this use impairs the ability to conduct, with safety to the public, the practice of a hemodialysis technician.  
(2)   Abuse, whether verbal, physical, or mental, of a patient in any setting where health care is being rendered.  
(d)   Proceedings to deny, suspend, or revoke a certification under this article shall be conducted in accordance with Section 100171 of the Health and Safety Code.  
(e)  This section shall become inoperative on July 1, 2000, and, as of January 1, 2001, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2001, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 Section 1247.95 of the Business and Professions Code is amended to read:

1247.95.
 (a)  Certification of hemodialysis technicians shall be subject to the review of the Joint Legislative Sunset Review Committee as described in Division 1.2 (commencing with Section 473).
(b)  The department shall submit the report required by Section 473.2, in accordance with the time limits set forth in that section, as if this article were scheduled to become inoperative on July 1, 2000, and would be repealed as of January 1, 2001, as described in Section 473.1.
(c)  This section shall become inoperative on July 1, 2000, and, as of January 1, 2001, is repealed, unless a later enacted statute, which becomes effective on or before January 1, 2001, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 5.

 Section 1300 of the Business and Professions Code is amended to read:

1300.
 The amount of application, registration, and license fees under this chapter shall be as follows:
(a)   The application fee for a histocompatibility laboratory director’s, clinical laboratory bioanalyst’s, clinical chemist’s, clinical microbiologist’s, clinical laboratory toxicologist’s, clinical genetic molecular biologist’s, clinical cytogeneticist’s, clinical laboratory geneticist’s, or clinical reproductive biologist’s license, or license for another specialty or subspecialty specified by regulation adopted by the department, is sixty-three dollars ($63). cytogeneticist’s, or clinical molecular biologist’s license is thirty-eight dollars ($38). This fee shall be sixty-three dollars ($63) commencing on July 1, 1983.  
(b)   The annual renewal fee for a license listed in subdivision (a) is sixty-three dollars ($63). histocompatibility laboratory director’s, clinical laboratory bioanalyst’s, clinical chemist’s, clinical microbiologist’s, or clinical laboratory toxicologist’s license is thirty-eight dollars ($38). This fee shall be sixty-three dollars ($63) commencing on July 1, 1983.  
(c)   The application fee for a clinical laboratory scientist’s or limited clinical laboratory scientist’s license is thirty-eight dollars ($38). twenty-three dollars ($23). This fee shall be thirty-eight dollars ($38) commencing on July 1, 1983.  
(d)   The application and annual renewal fee for a cytotechnologist’s license is fifty dollars ($50). shall be fifty dollars ($50) commencing on January 1, 1991.  
(e)   The annual renewal fee for a clinical laboratory scientist’s or limited clinical laboratory scientist’s license is twenty-five dollars ($25). fifteen dollars ($15). This fee shall be twenty-five dollars ($25) commencing on July 1, 1983.  
(f) A   clinical laboratory applying for a license to perform tests or examinations classified as of moderate or of high complexity under CLIA and a clinical laboratory applying for certification under subdivision (c) of Section 1223 shall pay an  The  application fee for that license or certification based on the number of tests it performs or expects to perform in a year, as follows: a clinical laboratory license is six hundred dollars ($600).  
(1) Less than 2,001 tests: two hundred seventy dollars ($270).
(2) Between 2,001 and 10,000, inclusive, tests: eight hundred twenty dollars ($820).
(3) Between 10,001 and 25,000, inclusive, tests: one thousand three hundred fifteen dollars ($1,315).
(4) (g)   Between 25,001 and 50,000, inclusive, tests: one thousand five hundred eighty dollars ($1,580). The annual renewal fee for a clinical laboratory license is five hundred fifty-seven dollars ($557).  
(5) (h)   Between 50,001 and 75,000, inclusive, tests: one thousand nine hundred sixty dollars ($1,960). The application fee for a certificate of accreditation issued pursuant to Section 1223 is one hundred fifty dollars ($150).  
(6) (i)   Between 75,001 and 100,000, inclusive, tests: two thousand three hundred forty dollars ($2,340). The annual renewal fee for a certificate of accreditation issued pursuant to Section 1223 is one hundred dollars ($100).  
(7) Between 100,001 and 500,000, inclusive, tests: two thousand seven hundred forty dollars ($2,740).
(8) Between 500,001 and 1,000,000, inclusive, tests: four thousand nine hundred ten dollars ($4,910).
(9) More than 1,000,000 tests: five thousand two hundred sixty dollars ($5,260) plus three hundred fifty dollars ($350) for every 500,000 tests over 1,000,000, up to a maximum of 15,000,000 tests.
(g) (j)   A clinical laboratory performing tests or examinations classified as of moderate or of high complexity under CLIA and a clinical laboratory with a certificate issued under subdivision (c) of Section 1223 shall pay an annual renewal fee based on the number of tests it performed in the preceding calendar year, as follows: In addition, clinical laboratories providing cytology services shall pay an annual fee that shall be set by the department in an amount needed to meet but not exceed the department’s costs of proficiency testing and special site surveys for these laboratories, and that shall be based upon the volume of cytologic slides examined by a laboratory. If the amount collected is less than or exceeds the amount needed for these purposes, the amount of fees collected from those laboratories in the following year shall be adjusted accordingly.  
(1) Less than 2,001 tests: one hundred seventy dollars ($170).
(2) Between 2,001 and 10,000, inclusive, tests: seven hundred twenty dollars ($720).
(3) Between 10,001 and 25,000, inclusive, tests: one thousand one hundred fifteen dollars ($1,115).
(4) Between 25,001 and 50,000, inclusive, tests: one thousand three hundred eighty dollars ($1,380).
(5) Between 50,001 and 75,000, inclusive, tests: one thousand seven hundred sixty dollars ($1,760).
(6) Between 75,001 and 100,000, inclusive, tests: two thousand forty dollars ($2,040).
(7) Between 100,001 and 500,000, inclusive, tests: two thousand four hundred forty dollars ($2,440).
(8) Between 500,001 and 1,000,000, inclusive, tests: four thousand six hundred ten dollars ($4,610).
(9) More than 1,000,000 tests per year: four thousand nine hundred sixty dollars ($4,960) plus three hundred fifty dollars ($350) for every 500,000 tests over 1,000,000, up to a maximum of 15,000,000 tests.
(h) (k)   The application fee for a trainee’s license is thirteen dollars ($13). eight dollars ($8). This fee shall be thirteen dollars ($13) commencing on July 1, 1983.  
(i) (  l)   The annual renewal fee for a trainee’s license is eight dollars ($8). five dollars ($5). This fee shall be eight dollars ($8) commencing on July 1, 1983.  
(j) (m)   The application fee for a duplicate license is five dollars ($5). three dollars ($3). This fee shall be five dollars ($5) commencing on July 1, 1983.  
(k) (n)   The personnel licensing  delinquency fee is equal to the annual renewal fee.  
(l) (o)   The director may establish a fee for examinations required under this chapter. The fee shall not exceed the total cost to the department in conducting the examination.  
(p)  The certification and renewal fees for hemodialysis technicians certified under subdivision (a) of Section 1247.6 shall be fifty dollars ($50). This subdivision shall become inoperative on July 1, 2000, and shall have no effect after that date.
(m) (q)   A  The annual fee for a  clinical laboratory subject to registration under paragraph (2) of subdivision (a) of Section 1265 and performing only those clinical laboratory tests or examinations considered waived under CLIA shall pay an annual fee of one hundred dollars ($100). A  is fifty dollars ($50). The annual fee for a  clinical laboratory subject to registration under paragraph (2) of subdivision (a) of Section 1265 and performing only provider-performed physician-performed  microscopy, as defined under CLIA, shall pay an annual fee of one hundred fifty dollars ($150). CLIA is seventy-five dollars ($75).  A clinical laboratory performing both waived and provider-performed physician-performed  microscopy shall pay an annual registration fee of one hundred fifty dollars ($150). seventy-five dollars ($75).  
(n) (r)  The costs of the department in conducting a complaint investigation, imposing sanctions, or conducting a hearing under this chapter shall be paid by the clinical laboratory. The fee shall be no greater than the fee the laboratory would pay under CLIA for the same type of activities and shall not be payable if the clinical laboratory would not be required to pay those fees under CLIA.  
(o) (s)   The state, a district, city, county, city and county, or other political subdivision, or any public officer or body body,  shall be subject to the payment of fees established pursuant to this chapter or regulations adopted thereunder.  
(p) (t)   In addition to the payment of registration or licensure fees, a clinical laboratory located outside the State of California shall reimburse the department for travel and per diem to perform any necessary onsite inspections at the clinical laboratory in order to ensure compliance with this chapter.  
(q) (u)  The   department shall establish an application fee and a renewal fee for a medical laboratory technician license, the total fees collected not to exceed the costs of the department for the implementation and operation of the program licensing and regulating medical laboratory technicians  Whenever a clinical laboratory has paid registration or compliance fees, or both, to HCFA under CLIA for the same period of time for which a license is issued under Section 1265, the fee required for the clinical laboratory license under subdivision (f) or (g), and as adjusted  pursuant to Section 1260.3. 116 of the Health and Safety Code, shall be reduced by the percentage of the total of all CLIA registration and compliance fees paid to HCFA by all California laboratories that are made available to the department to carry out its functions as a CLIA agent in the federal fiscal year immediately prior to when the license fee is due.  
(r) The costs of the department to conduct any reinspections to ensure compliance of a laboratory applying for initial licensure shall be paid by the laboratory. This additional cost for each visit shall be equal to the initial application fee and shall be paid by the laboratory prior to issuance of a license. The department shall not charge a reinspection fee if the reinspection is due to error or omission on the part of the department.
(s) A fee of twenty-five dollars ($25) shall be assessed for approval of each additional location authorized by paragraph (2) of subdivision (d) of Section 1265.
(t) On or before July 1, 2013, the department shall report to the Legislature during the annual legislative budget hearing process the extent to which the state oversight program meets or exceeds federal oversight standards and the extent to which the federal Department of Health and Human Services is accepting exemption applications and the potential cost to the state for an exemption.
SEC. 6.
 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.
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.