Amended in Assembly May 31, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2399

Introduced by Assembly Member Nazarian

February 18, 2016

An act to amend begin delete Sections 1627, 1630, 102247, 103625, 123371, 125055, and end delete begin insert Section end insert 125092 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2399, as amended, Nazarian. Pregnancy: begin delete umbilical cord blood: blood testing. end delete begin insert prenatal blood testing. end insert

begin delete

(1) Existing law requires the State Department of Public Health to develop standardized, objective information about umbilical cord blood donation to enable a pregnant woman to make an informed decision regarding what she wants to do with the umbilical cord blood. Existing law requires that this information be made available in Cantonese, English, Spanish, and Vietnamese. Existing law prohibits public funds from being used by the department to provide awareness, assistance, and information regarding umbilical cord blood banking options and creates the Umbilical Cord Blood Education Account within the State Treasury, which is funded by private donations, to be used by the department for these purposes, as specified.

end delete

Existing law begin delete also end delete requires a licensed physician and surgeon, or other person engaged in the prenatal care of a pregnant woman, to obtain a blood specimen from the woman for purposes of determining the presence of hepatitis B or human immunodeficiency virus (HIV). Existing law requires the begin delete department end delete begin insert State Department of Public Health end insert to develop culturally sensitive informational material in English, Spanish, and other languages to inform a pregnant woman about the purpose of obtaining this blood sample.

begin delete

Existing law requires the department to develop an education program designed to educate physicians and the public concerning the uses of prenatal testing and the availability of the California Prenatal Screening Program. Existing law requires the department to include specified information in the patient educational information.

end delete

This bill would change the language requirements for the begin delete umbilical cord blood informational material, the prenatal testing informational material, and the patient educational information material to require the information to be end delete begin insert informational material described above to require that it is end insert provided in languages that meet a specified numeric threshold. begin delete The bill would also delete provisions that create the Umbilical Cord Blood Education Account and remove the prohibition against using public funds to provide information about umbilical cord blood banking. end delete

begin delete

(2) Existing law requests the University of California to establish and administer the Umbilical Cord Blood Collection Program for the purpose of collecting units of umbilical cord blood for public use, as defined, in transplantation and providing nonclinical units for specified research. Existing law provides that any funds made available for purposes of the program shall be deposited into the Umbilical Cord Blood Collection Program Fund and that moneys in the fund shall be made available, upon appropriation by the Legislature, for purposes of the program. Existing law provides the program and the program fund shall conclude no later than January 1, 2018.

end delete begin delete

This bill would extend the existence of the program and the program fund until January 1, 2023.

end delete begin delete

(3) Existing law requires, until January 1, 2018, the collection of an $18 fee for certified copies of birth certificates. Existing law requires $2 of this $18 fee to be paid to the Umbilical Cord Blood Collection Program Fund.

end delete begin delete

This bill would extend the $18 fee for certified copies of birth certificates until January 1, 2023. The bill would also extend the collection and deposit of the $2 portion of the fee into the Umbilical Cord Blood Collection Program Fund until January 1, 2023.

end delete begin delete

(4) Existing law creates the Health Statistics Special Fund which consists of revenues from several sources, including many funds collected by the State Registrar. Until January 1, 2018, Umbilical Cord Blood Program Fund fees are excluded from that fund. Existing law provides that moneys in the Health Statistics Special Fund shall be expended by the State Registrar, as specified, upon appropriation by the Legislature.

end delete begin delete

This bill would extend the existence of the fund until January 1, 2023.

end delete begin delete

This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 2⁄3 of the membership of each house of the Legislature.

end delete

Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin delete

SECTION 1.  

Section 1627 of the Health and Safety Code is
amended to read:

1627.  

(a) (1) On or before July 1, 2011, the University of
California is requested to develop a plan to establish and administer
the Umbilical Cord Blood Collection Program for the purpose of
collecting units of umbilical cord blood for public use in
transplantation and providing nonclinical units for research
pertaining to biology and new clinical utilization of stem cells
derived from the blood and tissue of the placenta and umbilical
cord. The program shall conclude no later than January 1, 2023.

(2) For purposes of this article, “public use” means both of the
following:

(A) The collection of umbilical cord blood units from genetically
diverse donors that will be owned by the University of California.
This inventory shall be accessible by the National Registry and by
qualified California-based and other United States and international
registries and transplant centers to increase the likelihood of
providing suitably matched donor cord blood units to patients or
research participants who are in need of a transplant.

(B) Cord blood units with a lower number of cells than deemed
necessary for clinical transplantation and units that meet clinical
requirements, but for other reasons are unsuitable, unlikely to be
transplanted, or otherwise unnecessary for clinical use, may be
made available for research.

(b) (1) In order to implement the collection goals of this
program, the University of California may, commensurate with
available funds appropriated to the University of California for
this program, contract with one or more selected applicant entities
that have demonstrated the competence to collect and ship cord
blood units in compliance with federal guidelines and regulations.

(2) It is the intent of the Legislature that, if the University of
California contracts with another entity pursuant to this subdivision,
the following shall apply:

(A) The University of California may use a competitive process
to identify the best proposals submitted by applicant entities to
administer the collection and research objectives of the program,
to the extent that the University of California chooses not to
undertake these activities itself.

(B) In order to qualify for selection under this section to receive,
process, cryopreserve, or bank cord blood units, the entity shall,
at a minimum, have obtained an investigational new drug (IND)
exemption from the FDA or a biologic license from the FDA, as
appropriate, to manufacture clinical grade cord blood stem cell
units for clinical indications.

(C) In order to qualify to receive appropriate cord blood units
and placental tissue to advance the research goals of this program,
an entity shall, at a minimum, be a laboratory recognized as having
performed peer-reviewed research on stem and progenitor cells,
including those derived from placental or umbilical cord blood
and postnatal tissue.

(3) A medical provider or research facility shall comply with,
and shall be subject to, existing penalties for violations of all
applicable state and federal laws with respect to the protection of
any medical information, as defined in Section 56.05 of the Civil
Code, and any personally identifiable information contained in the
umbilical cord blood inventory.

(c) The University of California is encouraged to make every
effort to avoid duplication or conflicts with existing and ongoing
programs and to leverage existing resources.

(d) (1) All information collected pursuant to the program shall
be confidential, and shall be used solely for the purposes of the
program, including research. Access to confidential information
shall be limited to authorized persons who are bound by appropriate
institutional policies or who otherwise agree, in writing, to maintain
the confidentiality of that information.

(2) Any person who, in violation of applicable institutional
policies or a written agreement to maintain confidentiality,
discloses any information provided pursuant to this section, or
who uses information provided pursuant to this section in a manner
other than as approved pursuant to this section, may be denied
further access to any confidential information maintained by the
University of California, and shall be subject to a civil penalty not
exceeding one thousand dollars ($1,000). The penalty provided
for in this section shall not be construed to limit or otherwise
restrict any remedy, provisional or otherwise, provided by law for
the benefit of the University of California or any other person
covered by this section.

(3) Notwithstanding the restrictions of this section, an individual
to whom the confidential information pertains shall have access
to his or her own personal information.

(e) It is the intent of the Legislature that the plan and
implementation of the program provide for both of the following:

(1) Limit fees for access to cord blood units to the reasonable
and actual costs of storage, handling, and providing units, as well
as for related services such as donor matching and testing of cord
blood and other programs and services typically provided by cord
blood banks and public use programs.

(2) The submittal of the plan developed pursuant to subdivision
(a) to the health and fiscal committees of the Legislature.

(f) It is additionally the intent of the Legislature that the plan
and implementation of the program attempt to provide for all of
the following:

(1) Development of a strategy to increase voluntary participation
by hospitals in the collection and storage of umbilical cord blood
and identify funding sources to offset the financial impact on
hospitals.

(2) Consideration of a medical contingency response program
to prepare for and respond effectively to biological, chemical, or
radiological attacks, accidents, and other public health emergencies
where victims potentially benefit from treatment.

(3) Exploration of the feasibility of operating the program as a
self-funding program, including the potential for charging users a
reimbursement fee.

SEC. 2.  

Section 1630 of the Health and Safety Code is amended
to read:

1630.  

This article shall remain in effect only until January 1,
2023, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2023, deletes or extends that date.

SEC. 3.  

Section 102247 of the Health and Safety Code, as
amended by Section 169 of Chapter 296 of the Statutes of 2011,
is amended to read:

102247.  

(a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:

(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section
26801) of Part 3 of Division 2 of Title 3 of the Government Code,
and Chapter 4 (commencing with Section 102525), Chapter 5
(commencing with Section 102625), Chapter 8 (commencing with
Section 103050), and Chapter 15 (commencing with Section
103600) of Part 1 of Division 102 of this code.

(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at
birth program.

(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.

(4) Any other funds collected by the State Registrar, except
Children’s Trust Fund fees collected pursuant to Section 18966 of
the Welfare and Institutions Code, Umbilical Cord Blood
Collection Program Fund fees collected pursuant to Section
103625, and fees allocated to the Judicial Council pursuant to
Section 1852 of the Family Code, all of which shall be deposited
into the General Fund.

(b) Moneys in the Health Statistics Special Fund shall be
expended by the State Registrar for the purpose of funding its
existing programs and programs that may become necessary to
carry out its mission, upon appropriation by the Legislature.

(c) Health Statistics Special Fund moneys shall be expended
only for the purposes set forth in this section and Section 102249,
and shall not be expended for any other purpose or for any other
state program.

(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:

(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.

(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and
development of information to support new health policies.

(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.

(e) This section shall remain in effect only until January 1, 2023,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2023, deletes or extends that date.

SEC. 4.  

Section 102247 of the Health and Safety Code, as
amended by Section 170 of Chapter 296 of the Statutes of 2011,
is amended to read:

102247.  

(a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues,
including, but not limited to, all of the following:

(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section
26801) of Part 3 of Division 2 of Title 3 of the Government Code,
and Chapter 4 (commencing with Section 102525), Chapter 5
(commencing with Section 102625), Chapter 8 (commencing with
Section 103050), and Chapter 15 (commencing with Section
103600) of Part 1 of Division 102 of this code.

(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at
birth program.

(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.

(4) Any other funds collected by the State Registrar, except
Children’s Trust Fund fees collected pursuant to Section 18966 of
the Welfare and Institutions Code and fees allocated to the Judicial
Council pursuant to Section 1852 of the Family Code, all of which
shall be deposited into the General Fund.

(b) Moneys in the Health Statistics Special Fund shall be
expended by the State Registrar for the purpose of funding its
existing programs and programs that may become necessary to
carry out its mission, upon appropriation by the Legislature.

(c) Health Statistics Special Fund moneys shall be expended
only for the purposes set forth in this section and Section 102249,
and shall not be expended for any other purpose or for any other
state program.

(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:

(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.

(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and
development of information to support new health policies.

(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.

(e) This section shall become operative on January 1, 2023.

SEC. 5.  

Section 103625 of the Health and Safety Code, as
amended by Section 5 of Chapter 402 of the Statutes of 2011, is
amended to read:

103625.  

(a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.

(b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of eighteen dollars ($18)
shall be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any eighteen-dollar ($18) fee is
exempt from subdivision (e) and shall be paid either to a county
children’s trust fund or to the State Children’s Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of
Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions
Code. Two dollars ($2) of any eighteen-dollar ($18) fee is exempt
from subdivision (e) and shall be paid to the Umbilical Cord Blood
Collection Program Fund in conformity with Section 1628.

(2) The board of supervisors of any county that has established
a county children’s trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit in
the county children’s trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of
Division 9 of the Welfare and Institutions Code.

(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section
1852 of the Family Code.

(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.

(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive, shall
do the following:

(1) Transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month
in which the fee was received.

(2) Retain 85 percent of the fee for each certified copy solely
to support the issuing agency for all activities related to the
issuance of certified copies of records pursuant to subdivisions (a)
to (d), inclusive.

(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the records
described in those subdivisions shall pay an additional fee of three
dollars ($3), that shall be collected by the State Registrar, the local
registrar, county recorder, or county clerk, as the case may be.

(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create
a local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be distributed
as follows:

(1) Forty-five percent of the fee collected pursuant to subdivision
(f) shall be transmitted to the State Registrar.

(2) The remainder of the fee collected pursuant to subdivision
(f) shall be deposited into the collecting agency’s vital and health
statistics trust fund, except that in any jurisdiction in which a local
vital and health statistics trust fund has not been established, the
entire amount of the fee collected pursuant to subdivision (f) shall
be transmitted to the State Registrar.

(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.

(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:

(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.

(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.

(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to subdivision
(f) be used to enhance service to the public, to improve analytical
capabilities of state and local health authorities in addressing the
health needs of newborn children and maternal health problems,
and to analyze the health status of the general population.

(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of
revenues collected pursuant to subdivision (f) in the previous
calendar year and on how the revenues were expended and for
what purpose.

(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month
following the month in which the fee was received.

(l) The nine dollar ($9) increase to the base fee authorized in
subdivision (a) for a certified copy of a fetal death record or death
record and subdivision (b) for a certified copy of a birth certificate
shall be applied incrementally as follows:

(1) A five dollar ($5) increase applied as of January 1, 2012.

(2) An additional two dollar ($2) increase applied as of January
1, 2013.

(3) An additional two dollar ($2) increase applied as of January
1, 2014.

(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.

(n) This section shall remain in effect only until January 1, 2023,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2023, deletes or extends that date.

SEC. 6.  

Section 103625 of the Health and Safety Code, as
amended by Section 6 of Chapter 402 of the Statutes of 2011, is
amended to read:

103625.  

(a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.

(b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of sixteen dollars ($16) shall
be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any sixteen-dollar ($16) fee is
exempt from subdivision (e) and shall be paid either to a county
children’s trust fund or to the State Children’s Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of
Chapter 11 of Part 6 of Division 9 of the Welfare and Institutions
Code.

(2) The board of supervisors of any county that has established
a county children’s trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit in
the county children’s trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of
Division 9 of the Welfare and Institutions Code.

(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section
1852 of the Family Code.

(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.

(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive, shall
do the following:

(1) Transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month
in which the fee was received.

(2) Retain 85 percent of the fee for each certified copy solely
to support the issuing agency for all activities related to the
issuance of certified copies of records pursuant to subdivisions (a)
to (d), inclusive.

(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the records
described in those subdivisions shall pay an additional fee of three
dollars ($3), that shall be collected by the State Registrar, the local
registrar, county recorder, or county clerk, as the case may be.

(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create
a local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be distributed
as follows:

(1) Forty-five percent of the fee collected pursuant to subdivision
(f) shall be transmitted to the State Registrar.

(2) The remainder of the fee collected pursuant to subdivision
(f) shall be deposited into the collecting agency’s vital and health
statistics trust fund, except that in any jurisdiction in which a local
vital and health statistics trust fund has not been established, the
entire amount of the fee collected pursuant to subdivision (f) shall
be transmitted to the State Registrar.

(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.

(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:

(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.

(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.

(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to subdivision
(f) be used to enhance service to the public, to improve analytical
capabilities of state and local health authorities in addressing the
health needs of newborn children and maternal health problems,
and to analyze the health status of the general population.

(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of
revenues collected pursuant to subdivision (f) in the previous
calendar year and on how the revenues were expended and for
what purpose.

(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month
following the month in which the fee was received.

(l) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.

(m) This section shall become operative on January 1, 2023.

SEC. 7.  

Section 123371 of the Health and Safety Code is
amended to read:

123371.  

(a) (1) The State Department of Public Health shall
develop standardized, objective information about umbilical cord
blood donation that is sufficient to allow a pregnant woman to
make an informed decision on whether to participate in a private
or public umbilical cord blood banking program. The information
developed by the department shall enable a pregnant woman to be
informed of her option to do any of the following:

(A) Discard umbilical cord blood.

(B) Donate umbilical cord blood to a public umbilical cord
blood bank.

(C) Store the umbilical cord blood in a family umbilical cord
blood bank for the use by immediate and extended family members.

(D) Donate umbilical cord blood to research.

(2) The information developed pursuant to paragraph (1) shall
include, but not be limited to, all of the following:

(A) The current and potential future medical uses of stored
umbilical cord blood.

(B) The benefits and risks involved in umbilical cord blood
banking.

(C) The medical process involved in umbilical cord blood
banking.

(D) Medical or family history criteria that can impact a family’s
consideration of umbilical cord banking.

(E) An explanation of the differences between public and private
umbilical cord blood banking.

(F) The availability and costs of public or private umbilical cord
blood banks.

(G) Medical or family history criteria that can impact a family’s
consideration of umbilical cord blood banking.

(H) An explanation that the practices and policies of blood banks
may vary with respect to accreditation, cord blood processing and
storage methods, costs, and donor privacy.

(I) An explanation that pregnant women are not required to
donate their umbilical cord blood for research purposes.

(b) The information provided by the department pursuant to
subdivision (a) shall be made available in the languages that meet
the numeric threshold described in Section 14029.91 of the Welfare
and Institutions Code, and shall be updated by the department as
needed.

(c) The information provided by the department pursuant to
subdivision (a) shall be made available on the Internet Web sites
of the licensing boards that have oversight over primary prenatal
care providers.

(d) (1) A primary prenatal care provider of a woman who is
known to be pregnant may, during the first prenatal visit, provide
the information required by subdivision (a) to the pregnant woman.

(2) For purposes of this article, a “prenatal care provider” means
a health care provider licensed pursuant to Division 2 (commencing
with Section 500) of the Business and Professions Code, or
pursuant to an initiative act referred to in that division, who
provides prenatal medical care within his or her scope of practice.

SEC. 8.  

Section 125055 of the Health and Safety Code is
amended to read:

125055.  

The department shall:

(a) Establish criteria for eligibility for the prenatal testing
program. Eligibility shall include definition of conditions and
circumstances that result in a high risk of a detectable genetic
disorder or birth defect.

(b) (1) Develop an education program designed to educate
physicians and surgeons and the public concerning the uses of
prenatal testing and the availability of the program.

(2) (A) Include information regarding environmental health in
the California Prenatal Screening Program patient educational
information. This environmental health information shall include
the following statement:

 

“We encounter chemicals and other substances in everyday life
that may affect your developing fetus. Fortunately, there are steps
you can take to reduce your exposure to these potentially harmful
substances at home, in the workplace, and in the environment.
Many Californians are unaware that a number of everyday
consumer products may pose potential harm. Prospective parents
should talk to their doctor and are encouraged to read more about
this topic to learn about simple actions to promote a healthy
pregnancy.”

 

(B) The department shall include in the patient educational
information links to educational materials derived from
peer-reviewed materials based on the best available evidence
relating to environmental health and reproductive toxins.

(C) The department shall post the environmental health
information described in subparagraphs (A) and (B) on its Internet
Web site.

(D) The department shall send a notice to all distributors of the
patient educational information informing them of the change to
that information. In the notice, the department shall encourage
obstetrician-gynecologists and midwives to discuss environmental
health with their patients and to direct their patients to the
appropriate page or pages in the patient educational information
to provide their patients with additional information.

(E) In order to minimize costs, the environmental health
information described in this paragraph shall be included when
the patient educational information is otherwise revised and
reprinted.

(F) The department may modify the language in the patient
educational information after consultation with medical and
scientific experts in the field of environmental health and
reproductive toxins.

(G) The patient educational information shall be made available
in the languages that meet the numeric threshold described in
Section 14029.91 of the Welfare and Institutions Code, and shall
be updated by the department as needed.

(c) Ensure that genetic counseling be given in conjunction with
prenatal testing at the approved prenatal diagnosis centers.

(d) Designate sufficient prenatal diagnosis centers to meet the
need for these services. Prenatal diagnosis centers shall have
equipment and staff trained and capable of providing genetic
counseling and performing prenatal diagnostic procedures and
tests, including the interpretation of the results of the procedures
and tests.

(e) Administer a program of subsidy grants for approved
nonprofit prenatal diagnosis centers. The subsidy grants shall be
awarded based on the reported number of low-income women
referred to the center, the number of prenatal diagnoses performed
in the previous year at that center, and the estimated size of unmet
need for prenatal diagnostic procedures and tests in its service
area. This subsidy shall be in addition to fees collected under other
state programs.

(f) Establish any rules, regulations, and standards for prenatal
diagnostic testing and the allocation of subsidies as the director
deems necessary to promote and protect the public health and
safety and to implement the Hereditary Disorders Act (Section
27).

(g) (1) The department shall expand prenatal screening to
include all tests that meet or exceed the current standard of care
as recommended by nationally recognized medical or genetic
organizations, including, but not limited to, inhibin.

(2) The prenatal screening fee increase for expanding prenatal
screening to include those tests described in paragraph (1) is forty
dollars ($40).

(3) The department shall report to the Legislature regarding the
progress of the program with regard to implementing prenatal
screening for those tests described in paragraph (1) on or before
July 1, 2007. The report shall include the costs of screening,
followup, and treatment as compared to costs and morbidity averted
by this testing under the program.

(4) (A) The expenditure of funds from the Genetic Disease
Testing Fund for the expansion of the Genetic Disease Branch
Screening Information System to include the expansion of prenatal
screenings, pursuant to paragraph (1), may be implemented through
the amendment of the Genetic Disease Branch Screening
Information System contracts, and shall not be subject to Chapter
2 (commencing with Section 10290) or Chapter 3 (commencing
with Section 12100) of Part 2 of Division 2 of the Public Contract
Code, Article 4 (commencing with Section 19130) of Chapter 5
of Part 2 of Division 5 of Title 2 of the Government Code, or
Sections 4800 to 5180, inclusive, of the State Administrative
Manual as they relate to approval of information technology
projects or approval of increases in the duration or costs of
information technology projects. This paragraph shall apply to the
design, development, and implementation of the expansion, and
to the maintenance and operation of the Genetic Disease Branch
Screening Information System, including change requests, once
the expansion is implemented.

(B) (i) The department may adopt emergency regulations to
implement and make specific the amendments to this section made
during the 2006 portion of the 2005-06 Regular Session in
accordance with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. For the
purposes of the Administrative Procedure Act, the adoption of
regulations shall be deemed an emergency and necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, these emergency regulations shall not be subject to the
review and approval of the Office of Administrative Law.
Notwithstanding Sections 11346.1 and 11349.6 of the Government
Code, the department shall submit these regulations directly to the
Secretary of State for filing. The regulations shall become effective
immediately upon filing by the Secretary of State. Regulations
shall be subject to public hearing within 120 days of filing with
the Secretary of State and shall comply with Sections 11346.8 and
11346.9 of the Government Code or shall be repealed.

(ii) The Office of Administrative Law shall provide for the
printing and publication of these regulations in the California Code
of Regulations. Notwithstanding Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, the regulations adopted pursuant to this chapter shall not be
repealed by the Office of Administrative Law and shall remain in
effect until revised or repealed by the department.

end delete

begin delete SEC. 9. end delete

begin insert SECTION 1. end insert   

Section 125092 of the Health and Safety Code is
amended to read:

125092.  

(a) The department, in consultation with the Office
of AIDS and with other stakeholders, including, but not limited
to, representatives of professional medical and public health
advocacy groups, providers of health care to women and infants
infected with or exposed to HIV, and women living with HIV,
shall develop culturally sensitive informational material adequate
to fulfill the requirements of subdivisions (c) and (d) of Section
125090.

(b) This material shall be made available in the languages that
meet the numeric threshold described in Section 14029.91 of the
Welfare and Institutions Code when providing information to
clients under the Medi-Cal program, and shall be updated by the
department as necessary.

(c) This material shall also include information on available
referral and consultation resources of experts in prenatal HIV
treatment.