Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1386Introduced by Assembly Member WaldronFebruary 17, 2017 An act to amend Section 138.4 add and repeal Article 1.2 (commencing with Section 104147) of Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1386, as amended, Waldron. Womens gynecological cancers. Genomic cancer testing pilot program.Existing law requires the State Department of Public Health to place priority on providing information to consumers, patients, and health care providers regarding womens gynecological cancers, including signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options.This bill bill, until January 1, 2024, would make technical, nonsubstantive changes to that provision. require the department to establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The bill would require the department to apply for grants, and would authorize the department to accept donations from public or private entities or institutions, to fund the pilot program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Genetic testing involves taking a sample of blood, cheek swab, or tissue in order to analyze a persons genes. Genetic testing can be used to determine if someone has a change in his or her genes (mutation) that make him or her more likely to develop certain diseases such as cancer.(b) Breast cancer susceptibility genes (BRCA), including BRCA1 and BRCA2, are the most common genes involved in hereditary breast and ovarian cancers. Testing does not detect whether a person has cancer or not; it indicates whether a person carries a change in one of these genes that can increase cancer risk.(c) A study in the Journal of the American Medical Association found that women newly diagnosed with breast or ovarian cancer who are at high risk for having a BRCA mutation that raises cancer risk often do not get genetic testing, or even a chance to speak with a genetic counselor who would help them weigh the necessity of such a test.(d) In December 2013, the United States Preventive Services Task Force recommended that women who have family members with breast, ovarian, fallopian tube, or peritoneal cancer be evaluated to see if they have a family history that is associated with increased risk of BRCA mutation. Family history factors include all of the following:(1) Breast cancer diagnosed before 50 years of age.(2) Cancer in both breasts of the same woman.(3) A single woman with both breast and ovarian cancer.(4) Multiple incidents of breast cancer.(5) Two or more primary types of BRCA1- or BRCA2-related cancers in a single family member.(6) Cases of male breast cancer.(7) Ashkenazi Jewish ethnicity.(e) Awareness of, and the ability to obtain, recommended breast cancer genetic testing will increase the quality of life for hundreds of people in the state by detecting and preventing death from late-stage breast or ovarian cancer and will lessen the physical, emotional, and financial burden that comes with a cancer diagnosis.SEC. 2. Article 1.2 (commencing with Section 104147) is added to Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, to read: Article 1.2. Breast and Ovarian Cancer Genomic Testing104147. (a) The State Department of Public Health shall establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The goal of the campaign is to help achieve increased genetic screening rates for individuals with recommended indications, including, but not limited to, multiple incidents of breast cancer, breast cancer diagnosed before 50 years of age, two or more primary types of BRCA-related cancers in a single family member, and Ashkenazi Jewish ethnicity.(b) The pilot program shall have a systems approach to increase overall population-based screening to reach and screen populations at a high risk for breast and ovarian genetic mutation cancer, especially those who do not have medical insurance.104147.1. The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the pilot program created by this article.104147.2. This article shall remain in effect only until January 1, 2024, and as of that date is repealed.SECTION 1.Section 138.4 of the Health and Safety Code is amended to read:138.4.(a)The State Department of Public Health shall place priority on providing information to consumers, patients, and health care providers regarding womens gynecological cancers, including signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options.(b)In exercising the powers under this section, the department shall consult with appropriate health care professionals and providers, consumers, and patients, or organizations representing them.(c)The duties of the department pursuant to this section are contingent upon the receipt of funds appropriated for this purpose.(d)The department may adopt any regulations necessary and appropriate for the implementation of this section. Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1386Introduced by Assembly Member WaldronFebruary 17, 2017 An act to amend Section 138.4 add and repeal Article 1.2 (commencing with Section 104147) of Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1386, as amended, Waldron. Womens gynecological cancers. Genomic cancer testing pilot program.Existing law requires the State Department of Public Health to place priority on providing information to consumers, patients, and health care providers regarding womens gynecological cancers, including signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options.This bill bill, until January 1, 2024, would make technical, nonsubstantive changes to that provision. require the department to establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The bill would require the department to apply for grants, and would authorize the department to accept donations from public or private entities or institutions, to fund the pilot program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Amended IN Assembly March 30, 2017 Amended IN Assembly March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1386 Introduced by Assembly Member WaldronFebruary 17, 2017 Introduced by Assembly Member Waldron February 17, 2017 An act to amend Section 138.4 add and repeal Article 1.2 (commencing with Section 104147) of Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1386, as amended, Waldron. Womens gynecological cancers. Genomic cancer testing pilot program. Existing law requires the State Department of Public Health to place priority on providing information to consumers, patients, and health care providers regarding womens gynecological cancers, including signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options.This bill bill, until January 1, 2024, would make technical, nonsubstantive changes to that provision. require the department to establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The bill would require the department to apply for grants, and would authorize the department to accept donations from public or private entities or institutions, to fund the pilot program. Existing law requires the State Department of Public Health to place priority on providing information to consumers, patients, and health care providers regarding womens gynecological cancers, including signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options. This bill bill, until January 1, 2024, would make technical, nonsubstantive changes to that provision. require the department to establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The bill would require the department to apply for grants, and would authorize the department to accept donations from public or private entities or institutions, to fund the pilot program. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Genetic testing involves taking a sample of blood, cheek swab, or tissue in order to analyze a persons genes. Genetic testing can be used to determine if someone has a change in his or her genes (mutation) that make him or her more likely to develop certain diseases such as cancer.(b) Breast cancer susceptibility genes (BRCA), including BRCA1 and BRCA2, are the most common genes involved in hereditary breast and ovarian cancers. Testing does not detect whether a person has cancer or not; it indicates whether a person carries a change in one of these genes that can increase cancer risk.(c) A study in the Journal of the American Medical Association found that women newly diagnosed with breast or ovarian cancer who are at high risk for having a BRCA mutation that raises cancer risk often do not get genetic testing, or even a chance to speak with a genetic counselor who would help them weigh the necessity of such a test.(d) In December 2013, the United States Preventive Services Task Force recommended that women who have family members with breast, ovarian, fallopian tube, or peritoneal cancer be evaluated to see if they have a family history that is associated with increased risk of BRCA mutation. Family history factors include all of the following:(1) Breast cancer diagnosed before 50 years of age.(2) Cancer in both breasts of the same woman.(3) A single woman with both breast and ovarian cancer.(4) Multiple incidents of breast cancer.(5) Two or more primary types of BRCA1- or BRCA2-related cancers in a single family member.(6) Cases of male breast cancer.(7) Ashkenazi Jewish ethnicity.(e) Awareness of, and the ability to obtain, recommended breast cancer genetic testing will increase the quality of life for hundreds of people in the state by detecting and preventing death from late-stage breast or ovarian cancer and will lessen the physical, emotional, and financial burden that comes with a cancer diagnosis.SEC. 2. Article 1.2 (commencing with Section 104147) is added to Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, to read: Article 1.2. Breast and Ovarian Cancer Genomic Testing104147. (a) The State Department of Public Health shall establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The goal of the campaign is to help achieve increased genetic screening rates for individuals with recommended indications, including, but not limited to, multiple incidents of breast cancer, breast cancer diagnosed before 50 years of age, two or more primary types of BRCA-related cancers in a single family member, and Ashkenazi Jewish ethnicity.(b) The pilot program shall have a systems approach to increase overall population-based screening to reach and screen populations at a high risk for breast and ovarian genetic mutation cancer, especially those who do not have medical insurance.104147.1. The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the pilot program created by this article.104147.2. This article shall remain in effect only until January 1, 2024, and as of that date is repealed.SECTION 1.Section 138.4 of the Health and Safety Code is amended to read:138.4.(a)The State Department of Public Health shall place priority on providing information to consumers, patients, and health care providers regarding womens gynecological cancers, including signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options.(b)In exercising the powers under this section, the department shall consult with appropriate health care professionals and providers, consumers, and patients, or organizations representing them.(c)The duties of the department pursuant to this section are contingent upon the receipt of funds appropriated for this purpose.(d)The department may adopt any regulations necessary and appropriate for the implementation of this section. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following:(a) Genetic testing involves taking a sample of blood, cheek swab, or tissue in order to analyze a persons genes. Genetic testing can be used to determine if someone has a change in his or her genes (mutation) that make him or her more likely to develop certain diseases such as cancer.(b) Breast cancer susceptibility genes (BRCA), including BRCA1 and BRCA2, are the most common genes involved in hereditary breast and ovarian cancers. Testing does not detect whether a person has cancer or not; it indicates whether a person carries a change in one of these genes that can increase cancer risk.(c) A study in the Journal of the American Medical Association found that women newly diagnosed with breast or ovarian cancer who are at high risk for having a BRCA mutation that raises cancer risk often do not get genetic testing, or even a chance to speak with a genetic counselor who would help them weigh the necessity of such a test.(d) In December 2013, the United States Preventive Services Task Force recommended that women who have family members with breast, ovarian, fallopian tube, or peritoneal cancer be evaluated to see if they have a family history that is associated with increased risk of BRCA mutation. Family history factors include all of the following:(1) Breast cancer diagnosed before 50 years of age.(2) Cancer in both breasts of the same woman.(3) A single woman with both breast and ovarian cancer.(4) Multiple incidents of breast cancer.(5) Two or more primary types of BRCA1- or BRCA2-related cancers in a single family member.(6) Cases of male breast cancer.(7) Ashkenazi Jewish ethnicity.(e) Awareness of, and the ability to obtain, recommended breast cancer genetic testing will increase the quality of life for hundreds of people in the state by detecting and preventing death from late-stage breast or ovarian cancer and will lessen the physical, emotional, and financial burden that comes with a cancer diagnosis. SECTION 1. The Legislature finds and declares all of the following:(a) Genetic testing involves taking a sample of blood, cheek swab, or tissue in order to analyze a persons genes. Genetic testing can be used to determine if someone has a change in his or her genes (mutation) that make him or her more likely to develop certain diseases such as cancer.(b) Breast cancer susceptibility genes (BRCA), including BRCA1 and BRCA2, are the most common genes involved in hereditary breast and ovarian cancers. Testing does not detect whether a person has cancer or not; it indicates whether a person carries a change in one of these genes that can increase cancer risk.(c) A study in the Journal of the American Medical Association found that women newly diagnosed with breast or ovarian cancer who are at high risk for having a BRCA mutation that raises cancer risk often do not get genetic testing, or even a chance to speak with a genetic counselor who would help them weigh the necessity of such a test.(d) In December 2013, the United States Preventive Services Task Force recommended that women who have family members with breast, ovarian, fallopian tube, or peritoneal cancer be evaluated to see if they have a family history that is associated with increased risk of BRCA mutation. Family history factors include all of the following:(1) Breast cancer diagnosed before 50 years of age.(2) Cancer in both breasts of the same woman.(3) A single woman with both breast and ovarian cancer.(4) Multiple incidents of breast cancer.(5) Two or more primary types of BRCA1- or BRCA2-related cancers in a single family member.(6) Cases of male breast cancer.(7) Ashkenazi Jewish ethnicity.(e) Awareness of, and the ability to obtain, recommended breast cancer genetic testing will increase the quality of life for hundreds of people in the state by detecting and preventing death from late-stage breast or ovarian cancer and will lessen the physical, emotional, and financial burden that comes with a cancer diagnosis. SECTION 1. The Legislature finds and declares all of the following: ### SECTION 1. (a) Genetic testing involves taking a sample of blood, cheek swab, or tissue in order to analyze a persons genes. Genetic testing can be used to determine if someone has a change in his or her genes (mutation) that make him or her more likely to develop certain diseases such as cancer. (b) Breast cancer susceptibility genes (BRCA), including BRCA1 and BRCA2, are the most common genes involved in hereditary breast and ovarian cancers. Testing does not detect whether a person has cancer or not; it indicates whether a person carries a change in one of these genes that can increase cancer risk. (c) A study in the Journal of the American Medical Association found that women newly diagnosed with breast or ovarian cancer who are at high risk for having a BRCA mutation that raises cancer risk often do not get genetic testing, or even a chance to speak with a genetic counselor who would help them weigh the necessity of such a test. (d) In December 2013, the United States Preventive Services Task Force recommended that women who have family members with breast, ovarian, fallopian tube, or peritoneal cancer be evaluated to see if they have a family history that is associated with increased risk of BRCA mutation. Family history factors include all of the following: (1) Breast cancer diagnosed before 50 years of age. (2) Cancer in both breasts of the same woman. (3) A single woman with both breast and ovarian cancer. (4) Multiple incidents of breast cancer. (5) Two or more primary types of BRCA1- or BRCA2-related cancers in a single family member. (6) Cases of male breast cancer. (7) Ashkenazi Jewish ethnicity. (e) Awareness of, and the ability to obtain, recommended breast cancer genetic testing will increase the quality of life for hundreds of people in the state by detecting and preventing death from late-stage breast or ovarian cancer and will lessen the physical, emotional, and financial burden that comes with a cancer diagnosis. SEC. 2. Article 1.2 (commencing with Section 104147) is added to Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, to read: Article 1.2. Breast and Ovarian Cancer Genomic Testing104147. (a) The State Department of Public Health shall establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The goal of the campaign is to help achieve increased genetic screening rates for individuals with recommended indications, including, but not limited to, multiple incidents of breast cancer, breast cancer diagnosed before 50 years of age, two or more primary types of BRCA-related cancers in a single family member, and Ashkenazi Jewish ethnicity.(b) The pilot program shall have a systems approach to increase overall population-based screening to reach and screen populations at a high risk for breast and ovarian genetic mutation cancer, especially those who do not have medical insurance.104147.1. The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the pilot program created by this article.104147.2. This article shall remain in effect only until January 1, 2024, and as of that date is repealed. SEC. 2. Article 1.2 (commencing with Section 104147) is added to Chapter 2 of Part 1 of Division 103 of the Health and Safety Code, to read: ### SEC. 2. Article 1.2. Breast and Ovarian Cancer Genomic Testing104147. (a) The State Department of Public Health shall establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The goal of the campaign is to help achieve increased genetic screening rates for individuals with recommended indications, including, but not limited to, multiple incidents of breast cancer, breast cancer diagnosed before 50 years of age, two or more primary types of BRCA-related cancers in a single family member, and Ashkenazi Jewish ethnicity.(b) The pilot program shall have a systems approach to increase overall population-based screening to reach and screen populations at a high risk for breast and ovarian genetic mutation cancer, especially those who do not have medical insurance.104147.1. The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the pilot program created by this article.104147.2. This article shall remain in effect only until January 1, 2024, and as of that date is repealed. Article 1.2. Breast and Ovarian Cancer Genomic Testing104147. (a) The State Department of Public Health shall establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The goal of the campaign is to help achieve increased genetic screening rates for individuals with recommended indications, including, but not limited to, multiple incidents of breast cancer, breast cancer diagnosed before 50 years of age, two or more primary types of BRCA-related cancers in a single family member, and Ashkenazi Jewish ethnicity.(b) The pilot program shall have a systems approach to increase overall population-based screening to reach and screen populations at a high risk for breast and ovarian genetic mutation cancer, especially those who do not have medical insurance.104147.1. The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the pilot program created by this article.104147.2. This article shall remain in effect only until January 1, 2024, and as of that date is repealed. Article 1.2. Breast and Ovarian Cancer Genomic Testing Article 1.2. Breast and Ovarian Cancer Genomic Testing 104147. (a) The State Department of Public Health shall establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The goal of the campaign is to help achieve increased genetic screening rates for individuals with recommended indications, including, but not limited to, multiple incidents of breast cancer, breast cancer diagnosed before 50 years of age, two or more primary types of BRCA-related cancers in a single family member, and Ashkenazi Jewish ethnicity.(b) The pilot program shall have a systems approach to increase overall population-based screening to reach and screen populations at a high risk for breast and ovarian genetic mutation cancer, especially those who do not have medical insurance. 104147. (a) The State Department of Public Health shall establish a pilot program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations that may lead to various forms of cancer, including breast and ovarian, through a public awareness campaign. The goal of the campaign is to help achieve increased genetic screening rates for individuals with recommended indications, including, but not limited to, multiple incidents of breast cancer, breast cancer diagnosed before 50 years of age, two or more primary types of BRCA-related cancers in a single family member, and Ashkenazi Jewish ethnicity. (b) The pilot program shall have a systems approach to increase overall population-based screening to reach and screen populations at a high risk for breast and ovarian genetic mutation cancer, especially those who do not have medical insurance. 104147.1. The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the pilot program created by this article. 104147.1. The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the pilot program created by this article. 104147.2. This article shall remain in effect only until January 1, 2024, and as of that date is repealed. 104147.2. This article shall remain in effect only until January 1, 2024, and as of that date is repealed. (a)The State Department of Public Health shall place priority on providing information to consumers, patients, and health care providers regarding womens gynecological cancers, including signs and symptoms, risk factors, the benefits of early detection through appropriate diagnostic testing, and treatment options. (b)In exercising the powers under this section, the department shall consult with appropriate health care professionals and providers, consumers, and patients, or organizations representing them. (c)The duties of the department pursuant to this section are contingent upon the receipt of funds appropriated for this purpose. (d)The department may adopt any regulations necessary and appropriate for the implementation of this section.