California 2017 2017-2018 Regular Session

California Assembly Bill AB1386 Amended / Bill

Filed 09/01/2017

                    Amended IN  Senate  September 01, 2017 Amended IN  Senate  July 17, 2017 Amended IN  Assembly  May 26, 2017 Amended IN  Assembly  April 19, 2017 Amended IN  Assembly  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1386Introduced by Assembly Member Waldron(Principal coauthors: Assembly Members Caballero and Cristina Garcia)(Principal coauthors: Senators Atkins, Leyva, and Skinner)February 17, 2017 An act to add and repeal Article 1.2 (commencing with Section 104147) of Chapter 2 of Part 1 of Division 103 of Section 109276 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1386, as amended, Waldron. Genomic cancer testing program. testing information.Existing law requires a physician and surgeon, as defined, to give a patient diagnosed with breast cancer a standardized written summary, made available to physicians and surgeons by the Medical Board of California, containing recommendations of the Cancer Advisory Council, to inform the patient of the advantages, disadvantages, risks, and descriptions of the procedures with regard to medically viable and efficacious alternative methods of breast cancer treatment. The summary is required to be revised every 3 years and include any new or revised information, as specified.This bill would require the State Department of Health Care Services, in the first revision of the summary made following the effective date of the bill, to include information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, as specified. The bill would also make related findings and declarations.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, until January 1, 2022, would require the department to establish a short-term program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations among individuals newly diagnosed with breast and ovarian cancer, through a provider education 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 program.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  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 makes 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) 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:1.2.Breast and Ovarian Cancer Genomic Testing104147.(a)The State Department of Public Health shall establish a short-term program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations among individuals newly diagnosed with breast and ovarian cancer, through a provider education campaign. The goal of the campaign is to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.(b)The program shall employ a systems approach to increase genetic counseling and screening of individuals newly diagnosed with breast and ovarian cancer, especially those populations with disproportionately low rates of genetic counseling and screening.104147.1.(a)The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the program created by this article.(b)The department shall maximize the use of existing and low-cost communication channels to conduct provider education and outreach.104147.2.This article shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 2. Section 109276 is added to the Health and Safety Code, to read:109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.

 Amended IN  Senate  September 01, 2017 Amended IN  Senate  July 17, 2017 Amended IN  Assembly  May 26, 2017 Amended IN  Assembly  April 19, 2017 Amended IN  Assembly  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1386Introduced by Assembly Member Waldron(Principal coauthors: Assembly Members Caballero and Cristina Garcia)(Principal coauthors: Senators Atkins, Leyva, and Skinner)February 17, 2017 An act to add and repeal Article 1.2 (commencing with Section 104147) of Chapter 2 of Part 1 of Division 103 of Section 109276 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1386, as amended, Waldron. Genomic cancer testing program. testing information.Existing law requires a physician and surgeon, as defined, to give a patient diagnosed with breast cancer a standardized written summary, made available to physicians and surgeons by the Medical Board of California, containing recommendations of the Cancer Advisory Council, to inform the patient of the advantages, disadvantages, risks, and descriptions of the procedures with regard to medically viable and efficacious alternative methods of breast cancer treatment. The summary is required to be revised every 3 years and include any new or revised information, as specified.This bill would require the State Department of Health Care Services, in the first revision of the summary made following the effective date of the bill, to include information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, as specified. The bill would also make related findings and declarations.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, until January 1, 2022, would require the department to establish a short-term program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations among individuals newly diagnosed with breast and ovarian cancer, through a provider education 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 program.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  September 01, 2017 Amended IN  Senate  July 17, 2017 Amended IN  Assembly  May 26, 2017 Amended IN  Assembly  April 19, 2017 Amended IN  Assembly  March 30, 2017

Amended IN  Senate  September 01, 2017
Amended IN  Senate  July 17, 2017
Amended IN  Assembly  May 26, 2017
Amended IN  Assembly  April 19, 2017
Amended IN  Assembly  March 30, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1386

Introduced by Assembly Member Waldron(Principal coauthors: Assembly Members Caballero and Cristina Garcia)(Principal coauthors: Senators Atkins, Leyva, and Skinner)February 17, 2017

Introduced by Assembly Member Waldron(Principal coauthors: Assembly Members Caballero and Cristina Garcia)(Principal coauthors: Senators Atkins, Leyva, and Skinner)
February 17, 2017

 An act to add and repeal Article 1.2 (commencing with Section 104147) of Chapter 2 of Part 1 of Division 103 of Section 109276 to the Health and Safety Code, relating to public health. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1386, as amended, Waldron. Genomic cancer testing program. testing information.

Existing law requires a physician and surgeon, as defined, to give a patient diagnosed with breast cancer a standardized written summary, made available to physicians and surgeons by the Medical Board of California, containing recommendations of the Cancer Advisory Council, to inform the patient of the advantages, disadvantages, risks, and descriptions of the procedures with regard to medically viable and efficacious alternative methods of breast cancer treatment. The summary is required to be revised every 3 years and include any new or revised information, as specified.This bill would require the State Department of Health Care Services, in the first revision of the summary made following the effective date of the bill, to include information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, as specified. The bill would also make related findings and declarations.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, until January 1, 2022, would require the department to establish a short-term program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations among individuals newly diagnosed with breast and ovarian cancer, through a provider education 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 program.

Existing law requires a physician and surgeon, as defined, to give a patient diagnosed with breast cancer a standardized written summary, made available to physicians and surgeons by the Medical Board of California, containing recommendations of the Cancer Advisory Council, to inform the patient of the advantages, disadvantages, risks, and descriptions of the procedures with regard to medically viable and efficacious alternative methods of breast cancer treatment. The summary is required to be revised every 3 years and include any new or revised information, as specified.

This bill would require the State Department of Health Care Services, in the first revision of the summary made following the effective date of the bill, to include information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, as specified. The bill would also make related findings and declarations.

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, until January 1, 2022, would require the department to establish a short-term program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations among individuals newly diagnosed with breast and ovarian cancer, through a provider education 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 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 makes 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) 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:1.2.Breast and Ovarian Cancer Genomic Testing104147.(a)The State Department of Public Health shall establish a short-term program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations among individuals newly diagnosed with breast and ovarian cancer, through a provider education campaign. The goal of the campaign is to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.(b)The program shall employ a systems approach to increase genetic counseling and screening of individuals newly diagnosed with breast and ovarian cancer, especially those populations with disproportionately low rates of genetic counseling and screening.104147.1.(a)The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the program created by this article.(b)The department shall maximize the use of existing and low-cost communication channels to conduct provider education and outreach.104147.2.This article shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 2. Section 109276 is added to the Health and Safety Code, to read:109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.

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 makes 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) 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 makes 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) 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 makes 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) 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.







(a)The State Department of Public Health shall establish a short-term program to promote and encourage screening for breast cancer susceptibility gene (BRCA) mutations among individuals newly diagnosed with breast and ovarian cancer, through a provider education campaign. The goal of the campaign is to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.



(b)The program shall employ a systems approach to increase genetic counseling and screening of individuals newly diagnosed with breast and ovarian cancer, especially those populations with disproportionately low rates of genetic counseling and screening.





(a)The department shall apply for grants, and may accept donations from public or private institutions and entities, to be used for the program created by this article.



(b)The department shall maximize the use of existing and low-cost communication channels to conduct provider education and outreach.





This article shall remain in effect only until January 1, 2022, and as of that date is repealed.



SEC. 2. Section 109276 is added to the Health and Safety Code, to read:109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.

SEC. 2. Section 109276 is added to the Health and Safety Code, to read:

### SEC. 2.

109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.

109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.

109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.



109276. In the first revision of the standardized written summary required under subdivision (c) of Section 109275 made following the effective date of the act that added this section, the State Department of Health Care Services shall incorporate information relating to breast cancer susceptibility gene (BRCA) mutations, in order to achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions, consistent with evidence-based national recommendations.