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SB-1432 Clinical laboratories.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
SB1432:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1432


Introduced by Senator Glazer

February 21, 2020


An act to amend Sections 1220.5 and 1288.3 of the Business and Professions Code, relating to clinical laboratories.


LEGISLATIVE COUNSEL'S DIGEST


SB 1432, as introduced, Glazer. 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. Existing law requires the State Department of Public Health to develop and provide to all licensed clinical laboratories a form in triplicate to be used by employees, agents, and couriers of licensed clinical laboratories to give notice when a specimen storage container has been improperly secured. Existing law requires the notice to be provided to the licensee by attaching the appropriate copy of the form to the unlocked storage container and mailed to the Department of Consumer Affairs.
This bill would also require the notice of improper storage to be emailed to the Department of Consumer Affairs. The bill would require the Department of Consumer Affairs to make a copy of the form available on its internet website.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1220.5 of the Business and Professions Code is amended to read:

1220.5.
 (a) The State Department of Health Services Public Health shall develop, and provide to all licensed clinical laboratories, a form in triplicate to be used by employees, agents, and couriers of licensed clinical laboratories to give notice when a specimen storage container has been improperly secured pursuant to Section 681. The Department of Consumer Affairs shall make a copy of the form available on its internet website.
(b) The three copies of the triplicate form shall each contain instructions so that one copy is to be attached to the unlocked specimen storage container, one copy is mailed and emailed to the Department of Consumer Affairs to be forwarded to the appropriate licensing entity pursuant to Section 1288.3, and one copy is kept by the licensed clinical laboratory for its records.
(c) This form shall be provided to all licensed clinical laboratories on and after January 1, 2001.

SEC. 2.

 Section 1288.3 of the Business and Professions Code is amended to read:

1288.3.
 (a) (1) If a clinical laboratory employee, agent, or courier retrieves biological specimens located in a public place outside of the custodial control of a licensee, or his or her their employee, agent, or contractor, and those specimens are not secured in a locked container, the clinical laboratory employee, agent, or courier, utilizing the form provided by the State Department of Health Services Public Health pursuant to Section 1220.5, shall (1) notify do all of the following:
(A) Notify the licensee by attaching the appropriate copy of the form to the unlocked storage container, and (2) mail container.
(B) Mail the appropriate copy of the form to the Department of Consumer Affairs. The
(C) Email a copy of the form to the Department of Consumer Affairs.
(2) The Department of Consumer Affairs shall forward all forms received pursuant to paragraph (1) to the appropriate licensing entity.
(b) This section shall not apply where the biological specimens have been received by mail in compliance with all applicable laws and regulations.
(c) For purposes of this section: (1) “locked
(1) “Locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
(2) “Licensee” means a person licensed pursuant to this division 2 (commencing with Section 500), who collects human biological specimens for clinical testing or examination.
(d) A violation of this section is not subject to Section 1287.
(e) This section shall become operative on January 1, 2001. Nothing in this section shall be construed to require clinical laboratory employees, agents, or couriers to notify licensees or the Department of Consumer Affairs of an unsecured specimen if the State Department of Health Services Public Health has not provided the appropriate forms.