California Assembly Bill AB2425 Amended / Bill

 BILL NUMBER: AB 2425AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2014 INTRODUCED BY Assembly Member Quirk FEBRUARY 21, 2014 An act to amend  Section   Sections 100700 and  100703 of the Health and Safety Code, relating to laboratories. LEGISLATIVE COUNSEL'S DIGEST AB 2425, as amended, Quirk. Laboratories: review committee. Existing law requires laboratories engaging in the performance of forensic alcohol analysis tests by or for law enforcement agencies on blood, urine, tissue, or breath for the purposes of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations to comply with various existing State Department of  Health Care Services   Public Health  regulations regarding the inspection of laboratories, collection and handling of samples, methods of analysis, and laboratory records, until the time those regulations are revised, as specified. Existing law requires the State Department of  Health Care Services   Public Health  to establish a review committee, which is required to meet at least once in each 5-year period after its initial meeting, or within 60 days of receipt of a request by the department or a member of the review committee, to evaluate and determine revisions to relevant department regulations. Existing law requires the review committee to submit a summary of those revisions to the California Health and Human Services Agency and authorizes the agency to disapprove of one or more of those revisions within 90 days of receiving them.  Existing law requires the department to adopt regulations to incorporate the review committee's revisions.  This bill would  instead require the California Health and Human Services Agency to approve of those revisions within 90 days of receiving them from the review committee.   exempt laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board or another accrediting agency approved by the review committee from the existing State Department of Public Health regulations described above   until the time when the department adopts regulations that incorporate the review committee's revisions. The bill would instead require the review committee to meet at least once in each 3-year period after its initial meeting and would require the review committee, in determining revisions, to take into consideration the advancement and development of scientific processes, including the reporting of results with an estimated uncertainty measurement. The bill would instead authorize the California Health and Human Services agency to disapprove of one or more of the review committee's revisions within   30 days of receiving them.   This   This  bill would make an additional conforming change to existing law. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 100700 of the   Health and Safety Code   is amended to read:  100700. (a)  Laboratories   (1)     Except as provided in paragraph (2), laboratories  engaged in the performance of forensic alcohol analysis tests by or for law enforcement agencies on blood, urine, tissue, or breath for the purposes of determining the concentration of ethyl alcohol in persons involved in traffic accidents or in traffic violations shall comply with Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations, as they exist on December 31, 2004, until the time when those regulations are revised pursuant to Section 100703.  (2) Laboratories that are accredited in forensic alcohol analysis by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board or another accrediting agency approved by the review committee established pursuant to Section 100703 shall be exempt from the requirements in Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations, as they exist on January 1, 2015, until the time when the department adopts regulations that incorporate the review committee's revisions pursuant to Section 100703.  (b) Notwithstanding subdivision (a), the department shall not require laboratories to be licensed.  SECTION 1.   SEC. 2.  Section 100703 of the Health and Safety Code is amended to read: 100703. (a) On or before July 1, 2005, the department shall establish a review committee. (b) The review committee shall have eight members, including one person representing each of the following: (1) Prosecuting attorneys. (2) Law enforcement agencies. (3) Defense attorneys. (4) Coroners, pathologists, or medical examiners. (5) Criminalists. (6) Toxicologists. (7) Crime laboratory directors. (8) The State Department of  Health Care Services   Public Health  . (c) The review committee shall meet at least once in each  five-year   three-year  period after its initial meeting, or within 60 days of receipt of a request by the department or a member of the review committee. (d) The review committee shall evaluate Group 8 (commencing with Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17 of the California Code of Regulations and determine revisions that will limit those regulations to those that the review committee determines are reasonably necessary to ensure the competence of the laboratories and employees to prepare, analyze, and report the results of the tests and comply with applicable laws. In determining revisions, the review committee shall also take into consideration the advancement and development of scientific processes, including the reporting of results with an estimated uncertainty measurement.  The review committee shall submit a summary of revisions to the California Health and Human Services Agency. (e) Within  90   30  days of receiving the review committee's revisions, the California Health and Human Services Agency  shall approve those revisions   may disapprove of one or more of those revisions  . (f)  The   (1)     Except as provided in paragraph (2), the  department shall adopt regulations pursuant to this section that shall incorporate the review committee's revisions. Nothing in this section shall be construed as exempting the regulations from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.  (2) The department shall not adopt regulations to incorporate any review committee revisions that were disapproved under subdivision (e).