1. CCLA Legislative Update 2010 Legislative Session
CCLA Annual Conference
San Diego, CA
Arnold and Associates, Inc.
Michael J. Arnold
Kristian E. Foy

2. What We Will Cover Sacramento Environment Key Legislation for 2010
State Budget
November Election
Outlook for 2011 Legislation

3. Sacramento Environment
2010 legislative year was the last year of the Legislative Session
Low Approval Ratings
Election Year
Fiscal concerns on everyone’s minds
Budget Stalemate
Economy, election, budget problems = very distracted Legislature

4. Key Legislation for 2010
How our process works

5. Infrastructure for Tracking Legislation
Box in Bill Room
Bill Tracking System
Daily Committee Hearing Calendars
Legislative Status Report

6. Legislative Status Report
Periodic listing of all bills being followed by the CCLA
Shows bill, author, summary, location, hearing date, etc.
Available to any CCLA member, anytime

7. - 2010 - Key Bills of Interest to Labs
AB 52 (Portantino) Umbilical Cord Blood Collection Program
requests the University of California (UC) to develop a plan to establish and administer the Umbilical Cord Blood Collection Program (UCBCP) on or before July 1, 2011.
imposes a temporary $1 fee on specified birth certificates to fund the program.
shifts administration of the UCBCP from the Department of Public Health (DPH) to UC, if UC elects to administer the program.
signed by the Governor as Chapter 529, Statutes of 2010.

8. AB 1963(Nava) Pesticide Testing
Requires clinical laboratories that perform cholinesterase (ChE) testing for the purpose of determining workers' pesticide exposure to electronically report test results to the Department of Pesticide Regulation (DPR).
Requires laboratories that perform cholinesterase testing pursuant to 3 Cal. Code Regs to report ChE results to DPR on a monthly basis.
Reports must be submitted electronically and DPR must share them with OEHHA and DPH.
Laboratory shall report all information in its possession including: Test results; The purpose of the test; Name of the person tested, as well as that person's date of birth; Contact information of the referring physician, testing laboratory, and person tested if available; and Accession number of the specimen. The referring physician shall note in the test order the purpose of the test.
The bill was amended several times through out the session.
Governor signed AB 1963 as Chapter Number 369, Statutes of 2010.

9. SB 1246 (Negrette-McLeod) Naturopathic Medicine
Includes in the definition of laboratory director a duly licensed naturopathic doctor for the purposes of a clinical laboratory which only performs tests classified as waived under CLIA.
The bill's sponsor, the California Naturopathic Doctors Association, stated that a naturopathic doctor's inability to perform CLIA waived tests compromises patient safety by delaying tests and their results.
Includes naturopathic doctors in the list of health care practitioners who may perform a clinical laboratory test or examination classified as waived, defines a naturopathic assistant for purposes of the Naturopathic Doctor’s Act, and specifies certain functions for naturopathic assistants.
The sponsor argued that naturopathic doctors in other states are able to perform CLIA waived and moderate complexity tests.
Governor signed the measure as Chapter 523, Statutes of 2010.

10. AB 549 (Furutani) Lab Personnel
AB 549 Vetoed as requested by CCLA.
Bill would have created unnecessary confusion in licensure of biochemical geneticist within the Department of Public Health.
Proposed language for mandatory issuance of “temporary licenses” would have re-aligned Department priorities.
Requirement for “emergency regulations” creating a trainee license category would also have shifted needed resources from other activities.

11. AB 2541 (Portantino) Reporting for HIV Infection
This bill was sponsored by the AIDS Healthcare Foundation.
According to DPH estimates, CA lost $3-7 million due to our failure to have a fully name-based HIV reporting system.
This measure revises the reporting system for HIV infections.
Anyone doing HIV testing should carefully review the contents of AB 2541, Chapter 470, Statutes of 2010.

12. CDPH Proposed Laboratory Personnel Regulations
CDPH believes many current personnel licensing standards are outdated. Thus, they proposed a large regulatory enactment amending Title 17 of the CA Code of Regulations (CCR).
CCLA submitted comments on these proposed regulations.
Thanks to Bob Footlik for spending many hours on this project on behalf of the CCLA!!!

13. 2010-2011 Budget Longest budget stalemate in history
100 days past beginning of the new fiscal year
Finally signed on October 8
No cuts to Medi-Cal reimbursement rates!!!

14. Gubernatorial Vetoes Schwarzenegger vetoed 28.77 percent of 2010 bills
He vetoed a record percent of the bills sent to him by the Legislature in 2008.
He has the three highest veto percentages of any modern Governor.
Jerry Brown has the three lowest veto percentages of any modern Governor. For example, he vetoed just 1.79 percent in 1982.

15. November Election Governor’s Race Other Statewide Officers
Senate and Assembly
Propositions

16. Election Results Governor and other Constitutional Officers
Senate Results—Democrats and Republicans
Assembly Results—Dems and Reeps
Propositions

17. Medi-Cal Lawsuits and Audits
Qui Tam/False Claims Act Lawsuit
Department of Health Care Services, Audits and Investigations Branch—Audits and Demand for Self-Audits
We will defer to legal counsel to discuss these matters later in the program!

18. Outlook for 2011?
The New Legislative Session starts December 6, 2010.

19. Sources for Info on Legislative Issues
California Legislative Information Portal:
California State Assembly:
California State Senate:
California Secretary of State: