Amended in Assembly April 6, 2015

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 amended, 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 geneticbegin delete methodologies.end deletebegin insert methodologies that are performed on cytologic specimens related to infectious disease or cancer diagnosis.end insert

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:

P2    1

1270.  

(a) On and after January 1, 1991, no person may perform
2examinations of cytological slides without first obtaining a license
3as a cytotechnologist from the department, except that those
4persons employed by licensed clinical laboratories as
5cytotechnologists and certified as cytotechnologists by the
6department on or before January 1, 1991, shall be licensed by the
7department on or before January 1, 1993. Cytotechnologist licenses
8shall be issued and renewed by the department for periods of two
9years. This subdivision shall not apply to persons holding a valid,
10unrevoked, unsuspended physician’s and surgeon’s certificate
11issued pursuant to Chapter 5 (commencing with Section 2000).

12(b) The issuance of a cytotechnologist license shall be contingent
13upon the applicant’s satisfactory performance, as defined in
14regulation, in a competency testing program for cytotechnologists
15which may be administered by the department or by a competency
16testing service or program approved by the department. The
17competency testing program established pursuant to this section
18shall be periodically reviewed and revised by the department, if
19necessary, to ensure that the program is consistent with federal
20competency testing requirements issued under the federal Clinical
21Laboratory Improvement Amendments of 1988 (Public Law
22100-578; 42 U.S.C. Sec. 263a, Section 353 of the Public Health
23Service Act).

24(c) Notwithstanding subdivision (b), the department may issue
25a temporarybegin delete cytotechnologist’send deletebegin insert cytotechnologistend insert license to a person
26who satisfies the requirements for admission to the examination
27unless the person has failed a previous examination for a
28begin delete cytotechnologist’send deletebegin insert cytotechnologistend insert license. A temporary license
29issued by the department pursuant to this subdivision shall be valid
30for a period of time not exceeding 90 days after the date the
31department has adopted a competency testing program pursuant
32to subdivision (b).

33(d) The department may issue abegin delete cytotechnologist’send delete
34begin insert cytotechnologistend insert license without examination to an applicant who
35satisfies one of the following:

36(1) Passage of an examination of a national accrediting board
37whose requirements are equal to or greater than those required by
38this chapter or by regulations adopted pursuant to this chapter, as
39determined by the department.

P3    1(2) Passage of an examination of another state in which the
2requirements imposed by laws and regulations regarding the
3examination are equal to or greater than those required by this
4chapter or by regulations adopted pursuant to this chapter, as
5determined by the department.

6This subdivision shall not apply to a person who has passed an
7examination of a national accrediting board or another state prior
8to that board’s or state’s establishment of requirements which are
9equal to or greater than those required by this chapter or by
10regulations adopted pursuant to this chapter, as determined by the
11department. The department may, however, make exceptions to
12the requirements of this subdivision in cases where the department
13determines that the applicant is otherwise qualified for licensure.

14(e) The department shall not issue any temporary
15 cytotechnologist’s license pursuant to subdivision (c) or any
16cytotechnologist’s license without examination pursuant to
17subdivision (d) after the department adopts a competency testing
18program pursuant to subdivision (b).

19(f) A licensed cytotechnologist may perform all tests and
20procedures pertaining to cytology, including, but not limited to,
21microscopic and nonmicroscopic methodologies and tests and
22procedures that utilize molecular or geneticbegin delete methodologies. end delete
23begin insert methodologies, that are performed on cytologic specimens related
24to infectious disease or cancer diagnosis.end insert



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