Amended in Assembly April 30, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 757


Introduced by Assembly Member Gomez

February 25, 2015


An act to addbegin insert and repealend insert Section 1246.7begin delete toend deletebegin insert ofend insert the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

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

Thisbegin delete billend deletebegin insert bill, until January 1, 2019,end insert 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.

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.

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

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

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.

5

SEC. 2.  

Section 1246.7 is added to the Business and Professions
6Code
, to read:

7

1246.7.  

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

begin delete

11(a)

end delete

12begin insert(1)end insert He or she has earned a high school diploma or equivalent,
13as determined by HCFA pursuant to CLIA.

begin insert

14(2) He or she performs the total protein refractometer test
15analysis using an automatic, button-operated refractometer with
16a digital readout.

end insert
begin delete

17(b)

end delete

18begin insert(3)end insert He or she performs the total protein refractometer test
19analysis in a licensed plasma collection facility.

begin delete

20(c)

end delete

21begin insert(4)end insert He or she has been instructed by a physician and surgeon
22licensed in this state or by a licensed clinical laboratory director
23who is in charge of the licensed plasma collection facility in the
24proper procedure to be employed when performing a total protein
25refractometer test analysis.

begin delete

26(d)

end delete

27begin insert(5)end insert He or she performs the total protein refractometer test
28analysis under the direction and supervision of the physician and
29surgeon or licensed clinical laboratory director.

begin delete

30(e)

end delete

31begin insert(6)end insert He or she submits the analysis for interpretation to the
32physician and surgeon or licensed clinical laboratory director under
33whose direction and supervision he or she performed the analysis.

begin insert

P3    1(b) This section shall remain in effect only until January 1, 2019,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2019, deletes or extends that date.

end insert
4

SEC. 3.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



O

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