Clinical Laboratory TechnologyLicensing
Section § 1260
Section § 1260.1
This law says that if someone meets the specific qualifications listed in another section, they can get a license to be in charge of a lab that deals with tissue compatibility.
Section § 1260.3
If you want to get a medical laboratory technician license in California, you need to meet specific requirements. You must have an associate degree or higher in relevant sciences, or complete a qualified training program, including military programs. You also need to apply using the correct forms and pay a fee. Once licensed, you can perform certain lab tests, but not highly complex ones, and must work under supervision. You're allowed to do some blood tests and urinalysis but can't handle advanced procedures on your own.
Section § 1261
This section outlines the qualifications and procedures for obtaining clinical laboratory scientist (CLS) licenses in California. It requires candidates to have a bachelor's degree or higher and to meet specific regulatory qualifications. An exception to the degree requirement allows those with two years of experience as a licensed trainee, and sufficient college credits, to qualify. It also provides for specialized licenses in reproductive biology and genetics, which require specific certifications. Military experience as a clinical lab technician can count toward licensure. Additionally, by 2022, a pathway program will enable medical laboratory technicians (MLTs) to apply their work experience toward becoming a CLS.
Section § 1261.5
This law allows the department to create special licenses for clinical laboratory scientists in specific fields like chemistry, microbiology, or genetics when new technology or scientific advancements require it. To qualify for the exam for such a license, applicants need a relevant degree and one year of field training. The department can issue licenses without exams to those who meet pre-established standards before the regulations are made official. The department also has to create rules to implement this section.
Section § 1261.6
This law allows the department to give a limited laboratory license in cytogenetics to a person in California with at least seven years of experience as a cytogenetic technologist. The person must have passed a specific national exam in cytogenetics before the end of 1991 and meet federal requirements for doing complex lab tests.
Section § 1262
If you want a clinical laboratory scientist's license in California, you usually need to pass an exam. However, you can get a temporary license if you qualify to take the exam, unless you already failed it before. The state can issue a license without an exam if you've passed exams from national or state boards with requirements as tough as California's. For exams taken before certain standards were set, guidelines don’t apply, but the department might still grant licenses if you meet other qualifications.
Section § 1262.5
If someone wants a clinical laboratory or limited technologist license in California and fails the written test twice, they have to wait a year before trying again. If they fail a third time, they have to wait two years before the next attempt. After that, they can only take the test once every two years.
Section § 1263
This law states that individuals who want to train as clinical laboratory scientists must be licensed as trainees by the department, as long as they meet certain academic criteria. To get a trainee license, applicants need at least 90 college credits, including 23 in science courses. Those with military training may get credit for it. Finally, applications must be submitted using department-provided forms and meet other specific standards.
Section § 1264
This law specifies the qualifications and procedures for obtaining various clinical laboratory licenses in California. Applicants for these licenses must have a master's or doctoral degree in their field of specialty, along with specific certifications and experience. The licenses mentioned include clinical chemist, microbiologist, toxicologist, genetic molecular biologist, laboratory geneticist, reproductive biologist, and cytogeneticist. License applications must be submitted on forms provided by the department, and applicants must pass oral and written exams administered by the department or its designees. The law also allows for licenses to be granted without examination if the applicant's credentials from other state or national boards meet or exceed California's requirements.
Section § 1265
This section outlines the licensing and registration requirements for clinical laboratories in California. Laboratories performing complex tests must get a license, while those doing simpler tests need to register. The application process requires details about the lab and its personnel, and licenses are valid for one year, but changes in ownership or directorship can trigger revocations. Each lab location generally needs a separate license, with some exceptions for mobile units, hospitals, and government labs. Changes in the lab's operations must be promptly reported, and labs must maintain records for at least three years, ensuring their confidentiality. Pharmacies have specific provisions for lab directors, and remote locations where pathologists access digital materials don't need additional licensing.
Section § 1265.1
If a primary care clinic in California wants a license to open and run a clinical lab, it can apply for this license at the same time it applies for its clinic license. The lab application must follow all existing rules and timelines for laboratory licensing.
Section § 1265.2
Section § 1265.3
This law requires a department to work with the federal Centers for Medicare and Medicaid Services before June 30, 2025. By January 1, 2026, they must decide if a specific section of state law matches the federal rules for clinical laboratories. If it does match, they'll inform the state legislature. This rule will end on January 1, 2027.
Section § 1266
This law requires that both the clinical laboratory's license and the licenses or renewal permits for anyone conducting tests there must be clearly displayed where they can be easily seen.
Section § 1267
If an organization has its license denied, suspended, or taken away under this particular chapter, the process must follow the rules laid out in Section 100171 of the Health and Safety Code.
Section § 1268
If you need a copy of a professional license you already have, because you lost it or changed your name, you can apply for a duplicate by providing the necessary information and paying a fee. The department will then issue you a new or duplicate license.
Section § 1269
In California, unlicensed laboratory workers can perform certain tasks in a licensed clinical lab, but they must always be supervised by a doctor or licensed lab personnel. To do this, they need a high school diploma or equivalent and proper training. They can collect and handle specimens, help with lab procedures, perform basic maintenance, and assist with quality control. However, they are not allowed to do tasks like recording test results or performing tests that require measurement or calculation. The results from simple tests they perform must be read by a licensed professional. They also can't operate certain complex lab equipment unless it operates automatically. Essentially, unlicensed workers can assist with basic and supportive lab duties but can't handle the technical aspects of tests or interpret the results.
Section § 1269.3
This section outlines the roles and responsibilities of pathologists' assistants and other lab technicians in performing certain tasks under the supervision of a pathologist. Specifically, certified pathologists’ assistants can help with tasks like preparing surgical specimens and conducting postmortem exams if they demonstrate their skills adequately. Other lab workers, such as histologic technicians and histotechnologists, can also prepare specimens under a pathologist's direct supervision if they meet certain training requirements. It also specifies that after January 1, 2011, additional regulations may be introduced for these roles.
Section § 1269.5
This law allows the department to deny, suspend, or take away any professional license, registration, or certificate if someone in a lab does work they aren't legally allowed to do.
Section § 1270
This law outlines the requirements for becoming a licensed cytotechnologist in California. Starting in 1991, anyone examining cytological slides must be licensed unless they were already certified before that year. Licenses last two years, and physicians with certain certificates are exempt. To get a license, one must pass a competency test that meets federal standards. Temporary licenses can be issued but only for 90 days unless the candidate hasn't failed a previous exam. Licenses can also be granted without an exam if the applicant passes a comparable national or state exam. Once a competency test program is established, temporary or license-free issuance stops. Licensed cytotechnologists can perform various cytology-related tests under a qualified pathologist's supervision in a certified lab.
Section § 1270.5
This section explains how cytotechnologists in California need to renew their licenses. You have to apply and pay the renewal fee at least 30 days before your license expires. If you miss that window, your license will expire. But, you can still get it back if you send a written request and a reinstatement fee, which costs double the usual renewal fee, within 60 days after the license expiration. However, you cannot work while your license is expired.
Section § 1271
This section sets limits on how many gynecologic slides a cytotechnologist can examine in a 24-hour period, capping it at 80 slides. If a cytotechnologist handles both gynecologic and nongynecologic slides, they must ensure this limit is not breached, reducing the number of gynecologic slides proportionally. It also outlines that slides must be examined in licensed labs, records of slide examinations and hours worked must be maintained, and cytology slides and reports should be kept for specific durations. Additionally, automated screening has different rules under federal regulations and slides with examination issues should not yield results. Specific procedures are in place for reviewing negative slides, and workload limits must be agreed upon in collective bargaining if applicable.
Section § 1271.1
If a clinical lab that offers cytology services stops operating, it must keep certain records and slides. If these records are abandoned, an injured person can sue for damages in court. If the lab was a corporation or partnership that dissolved, the lawsuit can target principal officers, who are key partners or top executives. Abandonment of records means failing to provide access to necessary information. Principal officers vary depending on whether the lab was structured as a partnership or corporation.
Section § 1272
This law requires clinical laboratories to take part in a state-approved testing program that ensures they can accurately perform tests in various medical fields, such as microbiology and hematology. The labs must show they are competent by participating in this proficiency testing for each specialty they offer testing in.
Section § 1272.4
This law requires a department to set standards for how cytology slides (used to study cells) are evaluated and reported, ensuring they are up to par. It also establishes a competency program for cytotechnologists and a proficiency testing program for labs that offer cytology services, ensuring quality and skill in analyzing these slides.
Section § 1272.6
This law requires the department to create or approve a testing program for labs that provide cytology services by January 1, 1992. The program is to include both scheduled and surprise onsite tests, conducted under regular working conditions, if possible.
Section § 1274
This law requires laboratories that test cytologic samples, like Pap smears, to send quarterly updates to the people who submitted these samples, especially if they find signs of high-grade lesions or cancer. They must keep this documentation on file for five years. If they discover new information indicating cancer in a patient previously reported as normal, they must recheck past slides to ensure accuracy. Labs must also keep records of false results and must immediately send out corrected reports if errors are found, keeping those corrections on file for ten years.
Section § 1275
This law requires the department to set up rules for ongoing education for licensed professionals. By January 1, 1994, license renewal will require up to 12 hours of education annually, or 24 hours every two years. The department can charge a fee for this, but it shouldn't be more than what it costs to run the program.