California Legislature—2015–16 Regular Session

Assembly BillNo. 599


Introduced by Assembly Member Bonilla

February 24, 2015


An act to amend Section 1270 of the Business and Professions Code, relating to clinical laboratories.

LEGISLATIVE COUNSEL’S DIGEST

AB 599, as introduced, Bonilla. Clinical laboratories: cytotechnologists.

Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel, including cytotechnologists, by the State Department of Public Health, subject to certain exceptions. Under existing law, only a licensed cytotechnologist may perform examinations of cytological slides.

This bill would additionally authorize a licensed cytotechnologist to perform all tests and procedures pertaining to cytology, including, but not limited to, microscopic and nonmicroscopic methodologies and tests and procedures that utilize molecular or genetic methodologies.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 1270 of the Business and Professions
2Code
is amended to read:

3

1270.  

(a) On and after January 1, 1991, no person may perform
4examinations of cytological slides without first obtaining a license
5as a cytotechnologist from the department, except that those
P2    1persons employed by licensed clinical laboratories as
2cytotechnologists and certified as cytotechnologists by the
3department on or before January 1, 1991, shall be licensed by the
4department on or before January 1, 1993. Cytotechnologist licenses
5shall be issued and renewed by the department for periods of two
6years. This subdivision shall not apply to persons holding a valid,
7unrevoked, unsuspended physician’s and surgeon’s certificate
8issued pursuant to Chapter 5 (commencing with Section 2000).

9(b) The issuance of a cytotechnologist license shall be contingent
10upon the applicant’s satisfactory performance, as defined in
11regulation, in a competency testing program for cytotechnologists
12which may be administered by the department or by a competency
13testing service or program approved by the department. The
14competency testing program established pursuant to this section
15shall be periodically reviewed and revised by the department, if
16necessary, to ensure that the program is consistent with federal
17competency testing requirements issued under thebegin insert federalend insert Clinical
18Laboratory Improvement Amendments of 1988 (begin deleteP.L. end deletebegin insertPublic Law end insert
19100-578; 42 U.S.C. Sec. 263a, Section 353 of the Public Health
20Service Act).

21(c) Notwithstanding subdivision (b), the department may issue
22a temporary cytotechnologist’s license to a person who satisfies
23the requirements for admission to the examination unless the person
24has failed a previous examination for a cytotechnologist’s license.
25A temporary license issued by the department pursuant to this
26subdivision shall be valid for a period of time not exceeding 90
27days after the date the department has adopted a competency testing
28program pursuant to subdivision (b).

29(d) The department may issue a cytotechnologist’s license
30without examination to an applicant who satisfies one of the
31following:

32(1) Passage of an examination of a national accrediting board
33whose requirements are equal to or greater than those required by
34this chapter or by regulations adopted pursuant to this chapter, as
35determined by the department.

36(2) Passage of an examination of another state in which the
37requirements imposed by laws and regulations regarding the
38examination are equal to or greater than those required by this
39chapter or by regulations adopted pursuant to this chapter, as
40determined by the department.

P3    1This subdivision shall not apply to a person who has passed an
2examination of a national accrediting board or another state prior
3to that board’s or state’s establishment of requirements which are
4equal to or greater than those required by this chapter or by
5regulations adopted pursuant to this chapter, as determined by the
6department. The department may, however, make exceptions to
7the requirements of this subdivision in cases where the department
8determines that the applicant is otherwise qualified for licensure.

9(e) The department shall not issue any temporary
10 cytotechnologist’s license pursuant to subdivision (c) or any
11cytotechnologist’s license without examination pursuant to
12subdivision (d) after the department adopts a competency testing
13program pursuant to subdivision (b).

begin insert

14(f) A licensed cytotechnologist may perform all tests and
15procedures pertaining to cytology, including, but not limited to,
16microscopic and nonmicroscopic methodologies and tests and
17procedures that utilize molecular or genetic methodologies.

end insert


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