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.
This bill, until January 1, 2019, would authorize abegin delete medical assistant, as defined, who meets specified criteriaend deletebegin insert person with specified qualificationsend insert to perform a total protein refractometer testbegin delete analysisend deletebegin insert
using an automatic, button-operated refractometer with a digital readoutend insert 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:
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 testbegin delete analysisend deletebegin insert using
4an automatic, button-operated refractometer with a digital readoutend insert
5 in a licensed plasma collection facility in this state.
Section 1246.7 is added to the Business and Professions
7Code, to read:
(a) Abegin delete medical assistant, as defined in Section 2069,end delete
9begin insert person whose qualifications are at least the equivalent of those
10specified in Section 493.1423(b)(4) of Title 42 of the Code of
11Federal Regulationsend insert may perform a total protein refractometer
12testbegin delete analysisend deletebegin insert using an automatic, button-operated refractometer
13with a digital readoutend insert in a licensed plasma collection facility in
14this state if all of the following conditions
are met:
15(1) He or she has earned a high school diploma or equivalent,
16as determined bybegin delete HCFA pursuant to CLIA.end deletebegin insert the Centers for
17Medicare and Medicaid Services (CMS) pursuant to the federal
18Clinical Laboratory Improvement Amendments of 1998 (CLIA)
19(42 U.S.C. Sec. 263a).end insert
20(2) He or she performs the total protein refractometer test
21analysis using an automatic, button-operated refractometer with a
22digital readout.
23(3)
end delete
24begin insert(2)end insert He or she performs the total protein refractometer test
25begin delete analysisend deletebegin insert
using an automatic, button-operated refractometer with
26a digital readoutend insert in a licensed plasma collection facility.
27(4) He or she has been instructed by a physician and surgeon
28licensed in this state or by a licensed clinical laboratory director
29who is in charge of the licensed plasma collection facility in the
30proper procedure to be employed when performing a total protein
31refractometer test analysis.
32(3) His or her training in the proper procedure to be employed
33when performing a total protein refractometer test using an
P3 1automatic,
button-operated refractometer with a digital readout
2has been certified by a physician and surgeon licensed in this state
3or by a licensed clinical laboratory director who is in charge of
4the licensed plasma collection facility, or their certified, trained
5designate. The instructor shall document, and the plasma collection
6facility shall maintain the documentation of, the individual’s
7successful completion of training in the performance of the total
8protein refractometer test using an automatic, button-operated
9refractometer with a digital readout.
10(5)
end delete
11begin insert(4)end insert He or she performs the total protein refractometer test
12begin delete analysisend deletebegin insert
using an automatic, button-operated refractometer with
13a digital readoutend insert under the direction and supervision of the
14physician and surgeon or licensed clinical laboratory director.
15(6)
end delete
16begin insert(5)end insert He or she submits thebegin delete analysis for interpretationend deletebegin insert test resultsend insert
17 to the physician and surgeon or licensed clinical laboratory director
18under whose direction and supervision he or she performed the
19begin delete analysis.end deletebegin insert
test using an automatic, button-operated refractometer
20with a digital readout.end insert
21(b) This section shall remain in effect only until January 1, 2019,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2019, deletes or extends that date.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.
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