Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 757


Introduced by Assembly Member Gomez

February 25, 2015


begin deleteAn act relating to healing arts. end deletebegin insertAn act to add Section 1246.7 to the Business and Professions Code, relating to healing arts.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 757, as amended, Gomez. Healing arts: clinical laboratories.

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Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health, with specified exceptions. A violation of those provisions is a crime. Existing law authorizes a person who is licensed under those provisions to perform certain laboratory tests.

end insert
begin insert

This bill would authorize a medical assistant, as defined, who meets specified criteria to perform a total protein refractometer test analysis in a licensed plasma collection facility in this state. Because a violation of those provisions would be a crime, the bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health, with specified exceptions. Existing law authorizes a person who is licensed under those provisions to perform certain laboratory tests.

end delete
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This bill would declare the intent of the Legislature to enact legislation to identify who, and under which circumstances he or she, may perform a total protein refractometer test analysis in a licensed plasma collection facility in this state.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1

SECTION 1.  

It is the intent of the Legislature to enact
2legislation to identify who, and under which circumstances he or
3she, may perform a total protein refractometer test analysis in a
4licensed plasma collection facility in this state.

5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1246.7 is added to the end insertbegin insertBusiness and Professions
6Code
end insert
begin insert, to read:end insert

begin insert
7

begin insert1246.7.end insert  

A medical assistant, as defined in Section 2069, may
8perform a total protein refractometer test analysis in a licensed
9plasma collection facility in this state if all of the following
10conditions are met:

11(a) He or she has earned a high school diploma or equivalent,
12as determined by HCFA pursuant to CLIA.

13(b) He or she performs the total protein refractometer test
14analysis in a licensed plasma collection facility.

15(c) He or she has been instructed by a physician and surgeon
16licensed in this state or by a licensed clinical laboratory director
17who is in charge of the licensed plasma collection facility in the
18proper procedure to be employed when performing a total protein
19refractometer test analysis.

20(d) He or she performs the total protein refractometer test
21analysis under the direction and supervision of the physician and
22surgeon or licensed clinical laboratory director.

23(e) He or she submits the analysis for interpretation to the
24physician and surgeon or licensed clinical laboratory director
25under whose direction and supervision he or she performed the
26analysis.

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27begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
P3    1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.

end insert


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