BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 757|
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                                   THIRD READING 


          Bill No:  AB 757
          Author:   Gomez (D)
          Amended:  6/22/15 in Senate
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  8-0, 6/29/15
           AYES:  Hill, Bates, Block, Galgiani, Hernandez, Jackson,  
            Mendoza, Wieckowski
           NO VOTE RECORDED:  Berryhill

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  74-0, 5/22/15 (Consent) - See last page for  
            vote

           SUBJECT:   Healing arts: clinical laboratories


          SOURCE:    Grifols, Inc.

          DIGEST:   This bill makes an exception to California law to  
          allow an individual who meets standards equivalent to federally  
          requirements to perform a particular type of total protein  
          refractometer test (TPRT) in a licensed plasma collection  
          facility.

          ANALYSIS: 
          
          Existing federal law:

          1)Establishes conditions that laboratories must meet for  
            certification to perform testing on human specimens under  
            CLIA.  (Title 42, Code of Federal Regulations (CFR) § 493.1)








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          2)Classifies laboratory tests using three categories: "waived,"  
            "moderate complexity," or "high complexity."  (42 CFR § 493.5)

          3)Requires an individual performing moderate complexity testing  
            to have a current license issued by the state in which the  
            laboratory is located, if such licensing is required; and  
            meets one of the following requirements: 

             a)   Is a physician or have earned a doctoral, master's, or  
               bachelor's degree in a chemical, physical, biological or  
               clinical laboratory science, or medical technology from an  
               accredited institution. 

             b)   Has earned an associate degree in a chemical, physical  
               or biological science or medical laboratory technology from  
               an accredited institution. 

             c)   Is a high school graduate or equivalent and have  
               successfully completed an official military medical  
               laboratory procedures course of at least 50 weeks duration  
               and have held the military enlisted occupational specialty  
               of Medical Laboratory Specialist.

             d)   Has earned a high school diploma or equivalent and  
               documentation of training appropriate for the testing  
               performed prior to analyzing patient specimens.  (42 CFR §  
               493.1423)

          Existing state law:

          1)Authorizes the following individuals to perform clinical  
            laboratory tests or examinations classified as of moderate  
            complexity under the Clinical Laboratory Improvement  
            Amendments (CLIA) under the overall operation and  
            administration of the laboratory director: 

             a)   A licensed physician and surgeon.

             b)   A licensed podiatrist or a licensed dentist if the  
               results of the tests can be lawfully utilized within his or  
               her practice.

             c)   A person licensed to engage in clinical laboratory  







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               practice or to direct a clinical laboratory.

             d)   A licensed physician assistant if authorized by a  
               supervising physician and surgeon.

             e)   A licensed nurse.

             f)   A perfusionist.

             g)   A respiratory care practitioner.

             h)   A person performing nuclear medicine technology.

             i)   A person certified or licensed as an "Emergency Medical  
               Technician II" or paramedic, a person licensed as a  
               psychiatric technician, as a vocational nurse, or as a  
               midwife, or certified as a nurse assistant or a home health  
               aide, as specified.

             j)   Any other person within a physician office laboratory if  
               the test is performed under the supervision of the  
               patient's physician and surgeon or podiatrist who shall be  
               accessible to the laboratory to provide onsite, telephone,  
               or electronic consultation as needed.

             aa)  A pharmacist.  (Business and Professions Code § 1206.5)
            
          This bill:

          1)States the intent of the Legislature to enact legislation to  
            identify who, and under which circumstances, may perform a  
            TPRT test using an automatic, button-operated refractometer  
            with a digital readout in a licensed plasma collection  
            facility in California.

          2)Authorizes a person who meets standards equivalent to the  
            federal CLIA regulations for performing a moderate complexity  
            test to perform a TPRT using an automatic, button-operated  
            refractometer with a digital readout in a licensed plasma  
            collection facility in California if all of the following  
            conditions are met:

             a)   He or she has earned a high school diploma or  
               equivalent, as determined by the Centers for Medicare and  







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               Medicaid Services pursuant to CLIA.

             b)   He or she performs the TPRT using an automatic,  
               button-operated refractometer with a digital readout in a  
               licensed plasma collection facility.

             c)   His or her training in the proper procedure to be  
               employed when performing a TPRT using an automatic,  
               button-operated refractometer with a digital readout has  
               been certified by a physician and surgeon licensed in this  
               state or by a licensed clinical laboratory director who is  
               in charge of the licensed plasma collection facility, or  
               their certified, trained designate.  The instructor shall  
               document, and the plasma collection facility shall maintain  
               the documentation of the individual's successful completion  
               of training in the performance of the total protein  
               refractometer test using an automatic, button-operated  
               refractometer with a digital readout.

             d)   He or she performs the TPRT using an automatic,  
               button-operated refractometer with a digital readout under  
               the direction and supervision of the physician and surgeon  
               or licensed clinical laboratory director.

             e)   He or she submits the test results to the physician and  
               surgeon or licensed clinical laboratory director under  
               whose direction and supervision he or she performed the  
               test using an automatic, button-operated refractometer with  
               a digital readout.

          3)Sunsets the provisions of this bill on January 1, 2019.

          Background 
          
          CLIA and California Law.  The federal CLIA laws set the  
          regulatory floor for laboratory testing; states are free to  
          develop higher standards, and laboratories must follow whichever  
          law is more stringent.  According to the sponsor, California is  
          one of 7 states that have developed more rigorous lab personnel  
          requirements.  California defers to CLIA in matters of  
          determining test complexity, which dictates who and under what  
          circumstances, may perform a test.

          The FDA categorizes diagnostic tests by their complexity-from  







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          the least to the most complex: waived tests, moderate complexity  
          tests, and high complexity tests.  Personnel authorized to  
          perform the tests are required to have skill and training  
          commensurate with the test level.  Diagnostic tests are  
          categorized as waived if they are simple to use and there is  
          little chance the test will provide wrong information or cause  
          harm if it is performed incorrectly.

          This bill would allow the source of this bill to employ a lesser  
          skilled individual than is currently required under California  
          law to perform TPRT, a test that screens potential plasma  
          donors.  This change would be an exception to state law, but  
          consistent with federal law.

          Total Protein Refractometer Test (TPRT).   As part of  
          donor-screening and quality-assurance procedures, some plasma  
          donation centers perform screening tests on-site, and these  
          screening tests are considered "waived tests," with the  
          exception of the TPRT.  While some centers use older, analog  
          refractometers to conduct the test, other centers use newer,  
          digital refractometers, like the instrument described in this  
          bill.  FDA assigned TPRT to the moderate complexity category  
          under CLIA, regardless of type.

          The Plasma Protein Therapeutics Association submitted to the  
          FDA, in an effort to get this instrument reclassified, that the  
          experiences of one of their member centers that use digital  
          refractometers to perform TPRTs "demonstrate that the test is a  
          simple procedure with little health impact."  

          The request for FDA reclassification of TPRT is still pending,  
          but the sponsors believe it will likely be completed by this  
          bill's sunset date of 2019.   

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified7/14/15)


          Grifols, Inc. (source) 
          Blood Centers of California
          KEDPlasma LLC







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          Octapharma Plasma, Inc.  
          Plasma Protein Therapeutics Association


          OPPOSITION:   (Verified7/14/15)


          California Association for Medical Laboratory Technology
          California Society of Pathologists
          Engineers & Scientists of California, IFPTE Local 20

          ARGUMENTS IN SUPPORT:  The sponsor, Grifols, Inc., writes,  
          "Currently, the total protein refractometer test unit is  
          categorized by federal CLIA as a 'moderate complexity test.'   
          California law authorizes 17 different categories of health care  
          personnel, subject to varying levels of independence or  
          supervision, to conduct a moderate complexity test.  This even  
          includes 'any person' if supervised in a physician's office.  In  
          fact, a total protein refractometer test can be administered in  
          the overwhelming majority of states by an employee trained to  
          federal standards.  ...The end goal of this measure is to help  
          our California Department of Public Health-licensed plasma  
          donation centers operate more efficiently by authorizing a  
          properly-trained employ to perform this simple task as part of  
          the donor intake process, without diverting other employees from  
          their primary occupations."

          Plasma Protein Therapeutics Association, Blood  Centers of  
          California, KEDPlasma LLC and Octapharma Plasma are in support  
          of this bill because it will help their operations, as well.   

          ARGUMENTS IN OPPOSITION:The California Association for Medical  
          Laboratory Technology, the professional association representing  
          clinical laboratory scientists and other laboratory personnel in  
          California, oppose AB 757, writing, "Plasma donors are paid.  
          They can donate every two weeks if their total protein is at  
          least 6 g/dL.  Many plasma collection centers 'bleed' their  
          donors down to 6 g/dL of protein regularly.  If the protein  
          refractometer test and/or calibration is done incorrectly and  
          the protein read is higher than it actually is, there is a  
          potential to over 'bleed' a donor causing donor harm, such as  
          death from untreated low protein, immune deficiency, heart and  
          respiratory problems, bruising, insufficient blood clotting,  
          muscle wasting and reduced energy.  In short, the current  







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          personnel standard needs to be maintained."

          The California Society of Pathologists and Engineers &  
          Scientists of California, IFPTE Local 20 also express concern  
          about patient safety and quality control with lesser-trained  
          individuals.  

          ASSEMBLY FLOOR:  74-0, 5/22/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Alejo, Jones, O'Donnell, Olsen, Waldron,  
            Weber

          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
          7/14/15 19:27:51


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