CA AB 725

Quick answers

Description

Existing law requires a person engaged in the production of human whole blood or human whole blood derivatives to be licensed by the state, and requires licensed blood banks and blood transfusion services to meet specified standards. Existing law authorizes the State Department of Public Health to establish and require compliance with additional requirements, as specified. This bill, the California Source Plasma Donation Centers Act, would authorize a person to operate a source plasma donation center for the purpose of collecting source plasma, as defined. The bill would, among other things, authorize a source plasma donation center to offer payment to a donor of money or other valuable consideration. The bill would require the operator of a source plasma donation center to obtain a license from the State Department of Public Health, as specified. The bill would authorize the department to regulate source plasma donation centers, including to inspect the property or records of the center and to suspend or revoke a license for violation of specified law or regulation. The bill would authorize the department to promulgate any regulations it deems necessary to implement the bill's provisions. The bill would make a violation of the bill's provisions a misdemeanor, and would authorize a district or city attorney to prosecute a violation of the bill's provisions. By creating a new crime, the bill would impose a state-mandated local program. This bill would require a local health officer, if they obtained records from a source plasma donation center of a plasma donor who had a reactive result to HIV antibody testing, upon completion of the officer's efforts to locate and notify the plasma donor, to expunge all of the individual's records. By imposing additional duties on local health officials, this bill would impose a state-mandated local program. Existing law establishes the Clinical Laboratory Improvement Fund and requires specified fees collected from the licensing and regulation of blood banks and blood transfusion services to be deposited in the fund, available upon appropriation, for the purpose of regulating blood banks and blood transfusion services. This bill would additionally require fees collected from the licensing and regulation of source plasma donation centers to be deposited in the fund for the purpose of regulating source plasma donation centers, upon appropriation by the Legislature. Existing law requires specified establishments that receive specified human whole blood and derivatives to be considered blood bank depositories and require specified procedures on blood for transfusion to be the sole responsibility of the blood bank depository. This bill would exempt source plasma donation centers from these provisions. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.