SB 1475: Blood banks: collection.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-28
Existing law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Existing regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away.
Existing law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic.
This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse. The bill would authorize the registered nurse placed in charge to be physically present or available via telehealth, so long as the method of telehealth used is synchronous. The bill would require a blood bank, under these circumstances, to report annually to the department on any adverse donor events requiring emergency medical intervention, including whether a registered nurse was physically present on the premises, and to provide, at the request of the department, written procedures for managing adverse donor reactions. The bill would make these provisions inoperative on January 1, 2028.
Existing law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Existing regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away.
Existing law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic.
This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse. The bill would authorize the registered nurse placed in charge to be physically present or available via telehealth, so long as the method of telehealth used is synchronous. The bill would require a blood bank, under these circumstances, to report annually to the department on any adverse donor events requiring emergency medical intervention, including whether a registered nurse was physically present on the premises, and to provide, at the request of the department, written procedures for managing adverse donor reactions. The bill would make these provisions inoperative on January 1, 2028.
Existing law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Existing regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away.
Existing law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic.
This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse. The bill would authorize the registered nurse placed in charge to be physically present or available via telehealth, so long as the method of telehealth used is synchronous. The bill would require a blood bank, under these circumstances, to report annually to the department on any adverse donor events requiring emergency medical intervention, including whether a registered nurse was physically present on the premises. premises, and to provide, at the request of the department, written procedures for managing adverse donor reactions. The bill would make these provisions inoperative on January 1, 2028.
Existing law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Existing regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away.
Existing law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic.
This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse. The bill would authorize the registered nurse placed in charge to be physically present or available via telehealth, so long as the method of telehealth used is synchronous. The bill would require a blood bank, under these circumstances, to report annually to the department on any adverse donor events requiring emergency medical intervention, including whether a registered nurse was physically present on the premises. The bill would make these provisions inoperative on January 1, 2028.
Existing law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Existing regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away.
Existing law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic.
This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse. The bill would authorize the registered nurse placed in charge to be physically present or available via telehealth, so long as the method of telehealth used is synchronous. The bill would make these provisions inoperative on January 1, 2028.
Existing law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Existing regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away.
Existing law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic.
This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse. The bill would authorize the registered nurse placed in charge to be physically present or available via telehealth. The bill would exempt a blood bank from the requirement to obtain verbal or written consent from a patient for the use of telehealth. telehealth, so long as the method of telehealth used is synchronous.
Existing law requires a blood bank to be licensed by the State Department of Health Care Services. Existing law authorizes specified individuals to collect human blood at a blood bank that meets specified requirements if the collection is under the direct and responsible supervision of a licensed physician or surgeon. Existing regulations authorize blood collection when a physician is not present on the blood bank premises when specified requirements are met, including that a qualified physician or emergency medical facility is no more than 15 minutes away.
Existing law requires a health care provider to obtain verbal or written consent from a patient before the use of telehealth to deliver health care services. An existing executive order has suspended that requirement during the COVID-19 pandemic.
This bill would authorize blood collection at a blood bank when a physician or surgeon is not physically present if the medical director and their medical advisory committee approve and if the employee placed in charge is a registered nurse. The bill would authorize the registered nurse placed in charge to be physically present or available via telehealth. The bill would exempt a blood bank from the requirement to obtain verbal or written consent from a patient for the use of telehealth.
(a)Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied:
(1)The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks.
(2)The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code.
(b)(1)Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met:
(A)The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises.
(B)The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse.
(2)The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code, so long as the method of telehealth used is synchronous.
(3)(A)A blood bank shall annually report to the department any adverse donor events requiring emergency medical intervention that occur pursuant to this subdivision, including the date, location, type of adverse event, onsite response, and whether a registered nurse was physically present on the premises.
(B)At the request of the department, a blood bank shall provide written procedures for managing adverse donor reactions.
(4)This subdivision shall become inoperative on January 1, 2028.
(c)In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered.
(d)Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel.
(e)The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel.
(f)This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity.
(g)A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank. As used in this section, the term displacement shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment.
(h)This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law.
(i)For purposes of this section, American Association of Blood Banks means the American Association of Blood Banks or its successor organization.
(a)Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied:
(1)The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks.
(2)The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code.
(b)(1)Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met:
(A)The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises.
(B)The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse.
(2)The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code, so long as the method of telehealth used is synchronous.
(3)(A)A blood bank shall annually report to the department any adverse donor events requiring emergency medical intervention that occur pursuant to this subdivision, including the date, location, type of adverse event, onsite response, and whether a registered nurse was physically present on the premises.
(B)At the request of the department, a blood bank shall provide written procedures for managing adverse donor reactions.
(4)This subdivision shall become inoperative on January 1, 2028.
(c)In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered.
(d)Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel.
(e)The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel.
(f)This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity.
(g)A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank. As used in this section, the term displacement shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment.
(h)This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law.
(i)For purposes of this section, American Association of Blood Banks means the American Association of Blood Banks or its successor organization.
(a)Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied:
(1)The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks.
(2)The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code.
(b)(1)Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met:
(A)The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises.
(B)The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse.
(2)The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code, so long as the method of telehealth used is synchronous.
(3)(A)A blood bank shall annually report to the department any adverse donor events requiring emergency medical intervention that occur pursuant to this subdivision, including the date, location, type of adverse event, onsite response, and whether a registered nurse was physically present on the premises.
(B)At the request of the department, a blood bank shall provide written procedures for managing adverse donor reactions.
(4)This subdivision shall become inoperative on January 1, 2028.
(c)In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered.
(d)Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel.
(e)The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel.
(f)This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity.
(g)A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank. As used in this section, the term displacement shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment.
(h)This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law.
(i)For purposes of this section, American Association of Blood Banks means the American Association of Blood Banks or its successor organization.
(a)Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied:
(1)The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks.
(2)The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code.
(b)(1)Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met:
(A)The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises.
(B)The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse.
(2)The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code, so long as the method of telehealth used is synchronous.
(3)A blood bank shall annually report to the department any adverse donor events requiring emergency medical intervention that occur pursuant to this subdivision, including the date, location, type of adverse event, onsite response, and whether a registered nurse was physically present on the premises.
(3)(4)This subdivision shall become inoperative on January 1, 2028.
(c)In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered.
(d)Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel.
(e)The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel.
(f)This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity.
(g)A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank. As used in this section, the term displacement shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment.
(h)This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law.
(i)For purposes of this section, American Association of Blood Banks means the American Association of Blood Banks or its successor organization.
(a)Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied:
(1) The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks.
(2) The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code.
(b)(1)Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met:
(A)The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises.
(B)The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse.
(2)The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code, so long as the method of telehealth used is synchronous.
(3)This subdivision shall become inoperative on January 1, 2028.
(c)In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered.
(d)Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel.
(e)The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel.
(f)This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity.
(g)A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank. As used in this section, the term displacement shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment.
(h)This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law.
(a)Notwithstanding any other law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied:
(1) The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks.
(2) The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code.
(b)(1)Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met:
(A)The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises.
(B)The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse.
(2)The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code. Notwithstanding subdivision (b) of Section 2290.5 of the Business and Professions Code, a blood bank is not required to obtain verbal or written consent from a patient for the use of telehealth. Code, so long as the method of telehealth used is synchronous.
(c)In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered.
(d)Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel.
(e)The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel.
(f)This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity.
(g)A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank. As used in this section, the term displacement shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment.
(h)This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law.
(a)Notwithstanding any other provision of law, licensed clinical laboratory bioanalysts, licensed clinical laboratory technologists, registered clinical laboratory technologist trainees, licensed vocational nurses, registered nurses, and blood donor phlebotomists, as defined by the American Association of Blood Banks, may perform skin puncture and venipuncture for the purposes of collecting human blood if both of the following are satisfied:
(1) The acts are performed in a blood bank licensed pursuant to this chapter and personnel training and standards meet accreditation requirements of the American Association of Blood Banks.
(2) The acts are performed under the direct and responsible supervision of a licensed physician and surgeon. The licensing and registration referred to in this section shall be licensing and registration pursuant to the Business and Professions Code.
(b)(1)Notwithstanding paragraph (2) of subdivision (a), blood may be collected at a blood bank when a physician or surgeon is not physically present on the premises if both of the following conditions are met:
(A)The medical director and their medical advisory committee, if one exists, approves of blood collection without a physician or surgeon present on the premises.
(B)The employee placed in charge, in the absence of a physician or surgeon, is a registered nurse.
(2)The registered nurse placed in charge pursuant to subparagraph (B) of paragraph (1) may be physically present on the premises or may be available via telehealth, as defined in Section 2290.5 of the Business and Professions Code. Notwithstanding subdivision (b) of Section 2290.5 of the Business and Professions Code, a blood bank is not required to obtain verbal or written consent from a patient for the use of telehealth.
(b)(c)In accordance with the American Association of Blood Banks standards, the medical director of the blood bank shall be responsible for all medical and technical policies and procedures that relate to the safety of staff members, donors, and patients, including, but not limited to, ensuring that the blood bank has a qualified and competent staff to perform all tasks involved in the collection, storage, processing, and distribution of blood and blood components. The employer blood bank shall be responsible for determining the appropriate mix of qualified, competent employees that meets the accreditation requirements of the American Association of Blood Banks and is consistent with the services rendered.
(c)(d)Personnel who are explicitly authorized by the blood bank and who meet the education, training, and competency standards of the blood bank, may obtain a predonation medical history and perform predonation screening. When unlicensed personnel perform these duties, the review of work required by federal regulations relating to good manufacturing practices, as set forth in Part 211 and Part 606 of Title 21 of the Code of Federal Regulations, shall be performed by those staff members who are licensed health care personnel.
(d)(e)The collection of blood from autologous patients and other individuals who do not meet the American Association of Blood Banks criteria for regular volunteer donation shall be conducted by licensed health care personnel.
(e)Nothing in this chapter shall(f)This chapter does not prohibit the collection of blood at a state institution, a blood bank licensed pursuant to this chapter, or other establishment, under conditions established and acceptable to the department, by the personnel of the collecting entity.
(f)(g)A staff position for a blood donor phlebotomist created as a consequence of this section shall not be the only cause for the displacement of any licensed personnel employed in a licensed blood bank as of the effective date of the statute amending this section during the 1995-96 Regular Legislative Session. bank. As used in this section, the term displacement shall mean a reduction in hours of nonovertime work, the loss of wages, or the loss of employment.
(g)Nothing in this section shall be construed to(h)This section does not limit the rights of employees or employee organizations to bargain in good faith on matters of wages, hours, or other terms and conditions of employment, including the negotiation of workplace standards within the scope of collective bargaining as authorized by state and federal law.
|
Date
|
Status
|
|---|---|
| Sep 28, 2022 | Chaptered by Secretary of State. Chapter 726, Statutes of 2022. |
| Sep 28, 2022 | Approved by the Governor. |
| Sep 9, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 30, 2022 | Assembly amendments concurred in. (Ayes 33. Noes 4. Page 5329.) Ordered to engrossing and enrolling. |
| Aug 30, 2022 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2022 | Read third time. Passed. Ordered to the Senate. |
| Aug 23, 2022 | Read third time and amended. |
| Jun 30, 2022 | Read second time. Ordered to third reading. |
| Jun 29, 2022 | Read second time and amended. Ordered to second reading. |
| Jun 28, 2022 | From committee: Do pass as amended. (Ayes 14. Noes 1.) (June 28). |
| Jun 20, 2022 | Read second time and amended. Re-referred to Com. on B. & P. |
| Jun 16, 2022 | From committee: Do pass as amended and re-refer to Com. on B. & P. (Ayes 9. Noes 0.) (June 14). |
| May 5, 2022 | Referred to Coms. on HEALTH and B. & P. |
| Apr 28, 2022 | In Assembly. Read first time. Held at Desk. |
| Apr 28, 2022 | Read third time. Passed. (Ayes 27. Noes 1. Page 3553.) Ordered to the Assembly. |
| Apr 18, 2022 | Read second time and amended. Ordered to third reading. |
| Apr 7, 2022 | From committee: Do pass as amended. (Ayes 8. Noes 1. Page 3349.) (April 6). |
| Mar 23, 2022 | Set for hearing April 6. |
| Mar 9, 2022 | Referred to Com. on HEALTH. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | SB 1475 Glazer Senate Third Reading By Akilah Weber | Assembly Floor |
Passed |
|
| Aug 30, 2022 | Unfinished Business SB1475 Glazer et al. Concurrence | Senate Floor |
Passed |
|
| Apr 28, 2022 | Senate 3rd Reading SB1475 Glazer et al. | Senate Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
