It is unlawful for any person to represent himself or act as a licensed individual under this chapter unless he is, in fact, duly licensed under this chapter.
Clinical Laboratory TechnologyOffenses Against the Chapter
Section § 1280
This law makes it illegal for anyone to pretend to be a licensed professional under this specific set of rules if they don't actually have the license required.
unlawful representation licensed professional duly licensed
Section § 1281
You can't own or run a clinical lab without a proper license from the state. However, if a health facility doesn't run its own lab but uses services from a licensed lab through an agreement, it doesn't need its own license.
It is unlawful for any person to own, operate, maintain, direct, or engage in the business of operating a clinical laboratory, as defined in this chapter, unless he or she possesses a valid clinical laboratory license issued by the department. In the event a health facility does not perform clinical laboratory services, but provides laboratory services to its patients under an agreement with another person or entity that holds and is operating under a valid clinical laboratory license, the health facility shall not be required to obtain a clinical laboratory license.
clinical laboratory license operating clinical lab health facility agreement
Section § 1281.1
This law makes it illegal for anyone to offer or give money or gifts in exchange for human blood or biological samples for clinical lab testing. There are exceptions if the samples are used for research, teaching, quality assurance, or if the person is working as an agent of a laboratory or a licensed entity under specific health regulations.
It is unlawful for any person, including a person who owns, operates, or directs a clinical laboratory, to provide, offer, or solicit, any form of payment or gratuity for human blood or any other biological specimen provided for the purpose of clinical laboratory testing or clinical laboratory practice, unless the person is serving as an agent of a clinical laboratory or another facility legally utilizing those specimens only for purposes of research or teaching or for quality assurance purposes, or is an entity licensed under Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code.
clinical laboratory human blood biological specimen
Section § 1282
In California, you can't work in a clinical laboratory unless you're a licensed doctor or you have special permission according to the rules in this chapter.
It is unlawful for any person to engage in clinical laboratory practice in a clinical laboratory unless he or she is a duly licensed physician and surgeon or is duly authorized to do so under this chapter.
clinical laboratory licensed physician authorized practice
Section § 1282.2
This law prohibits anyone from performing procedures like drawing blood or taking skin samples unless they are specifically permitted by this law, its associated regulations, or other legal provisions.
It is unlawful for any person to perform venipuncture, skin puncture, or arterial puncture to collect a biological specimen unless he or she is authorized to do so under this chapter, the regulations adopted thereunder, or under other provisions of law.
venipuncture skin puncture arterial puncture
Section § 1282.3
This law makes it illegal for someone to carelessly endanger another person's safety by mishandling clinical lab tests in ways that could cause serious harm, like using the wrong procedure or incorrect reporting. If someone is found guilty of this carelessness, they could face jail time, fines, or both. For a first offense, penalties include up to a year in county jail or longer state imprisonment, along with a fine up to $50,000. For repeat offenses, the penalties are more severe, with longer jail sentences. The law also says that these penalties don't prevent other legal actions from being taken, but a person can't be punished twice for the same misconduct under different laws.
(a)CA Business & Professions Code § 1282.3(a) It is unlawful for any person to act with willful or wanton disregard for a person’s safety that exposes the person to a substantial risk of, or that causes, great bodily injury by affecting the integrity of a clinical laboratory test or examination result through improper collection, handling, storage, or labeling of the biological specimen or the erroneous transcription or reporting of clinical laboratory test or examination results.
(b)CA Business & Professions Code § 1282.3(b) Notwithstanding Section 1287, a violation of this section shall be punished as follows:
(1)CA Business & Professions Code § 1282.3(b)(1) A first conviction is punishable by imprisonment in a county jail for a period of not
more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, by a fine not exceeding fifty thousand dollars ($50,000), or by both this imprisonment and fine.
(2)CA Business & Professions Code § 1282.3(b)(2) A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years, or by a fine not exceeding fifty thousand dollars ($50,000), or by both this imprisonment and fine.
(c)CA Business & Professions Code § 1282.3(c) The enforcement remedies provided under this section are not exclusive, and shall not preclude the use of any other criminal or civil remedy. However, an act or omission punishable in different ways by this section and any other provision of law shall not be punished under more than one provision. Under those circumstances, the penalty to be imposed shall be determined as set forth in
Section 654 of the Penal Code.
willful disregard safety clinical laboratory test
Section § 1283
You can't run a clinical lab unless you're a licensed doctor or have special permission according to the rules in this section.
It is unlawful for any person to conduct, maintain, or operate a clinical laboratory unless he is a duly licensed physician and surgeon or is duly authorized to do so under the provisions of this chapter.
clinical laboratory licensed physician operate laboratory
Section § 1284
This law makes it illegal for a licensed doctor or anyone authorized to be a director to act only as a figurehead or in name only, rather than fulfilling their actual responsibilities.
It is unlawful for a duly licensed physician and surgeon, or any person authorized to serve as director under this chapter, to serve only as a nominal director.
nominal director unlawful licensed physician
Section § 1285
This law states that it's illegal for anyone running a clinical laboratory to hire someone to do lab work unless they are either a licensed doctor or have the proper authorization as described in this chapter.
It is unlawful for any person conducting, maintaining, or operating a clinical laboratory to employ any person to perform clinical laboratory procedures unless the person is a duly licensed physician and surgeon or is duly authorized to do so under the provisions of this chapter.
clinical laboratory unlawful employment licensed physician
Section § 1286
This law makes it illegal to run a school or course that trains people for specific roles without getting prior approval from the relevant department.
It is unlawful for any person to operate a school or conduct any course for the purpose of training or preparing persons to perform duties, as defined under this chapter and regulations of the department, without having first secured the approval of the department as herein provided.
unlawful operate a school training courses
Section § 1287
Breaking the rules in this chapter mostly leads to a misdemeanor, with penalties including up to six months in jail or a $1,000 fine, or both. Some specific violations, like those in sections 1281.1 and 1282.2, are considered more serious public offenses. Section 1281.1 violations could result in a year in jail or a $10,000 fine, whereas section 1282.2 violations could get up to a year in jail or a $1,000 fine. These aren't the only punishments available, but you can't be punished twice for the same act under different laws.
(a)CA Business & Professions Code § 1287(a) Any person who violates any provision of this chapter is guilty of a misdemeanor punishable upon conviction by imprisonment in the county jail for a period not exceeding six months or by fine not exceeding one thousand dollars ($1,000) or by both.
(b)Copy CA Business & Professions Code § 1287(b)
(1)Copy CA Business & Professions Code § 1287(b)(1) Notwithstanding subdivision (a), a violation of Section 1281.1 is a public offense and is punishable upon conviction by imprisonment in the county jail for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
(2)CA Business & Professions Code § 1287(b)(2) Notwithstanding subdivision (a), a violation of Section 1282.2 is a public offense and is punishable upon conviction by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(3)CA Business & Professions Code § 1287(b)(3) The enforcement remedies provided under this section are not exclusive, and shall not preclude the use of any other criminal or civil remedy. However, an act or omission punishable in different ways by this section and any other provision of law shall not be punished under more than one provision. Under those circumstances, the penalty to be imposed shall be determined as set forth in Section 654 of the Penal Code.
misdemeanor imprisonment county jail
Section § 1288
This law says that clinical laboratories can only take testing assignments from licensed healthcare professionals and must report the results back to them. Labs are allowed to accept specimens for proficiency testing or send specimens to another lab, as long as they clearly state which lab did the testing. All lab reports must include the lab's name, address, and the director's name.
Any person conducting or operating a clinical laboratory may accept assignments for tests only from and make reports only to persons licensed under the provisions of law relating to the healing arts or their representatives. This section does not prohibit the acceptance of evaluation specimens for proficiency testing or referral of specimens or such assignment from one clinical laboratory to another clinical laboratory, either licensed or exempt under this chapter, providing the report indicates clearly the laboratory performing the test. A report of results issuing from a clinical laboratory shall show clearly the name and address of the laboratory and the name of the director.
clinical laboratory testing assignments licensed healthcare professionals
Section § 1288.3
This law says that if a lab worker, agent, or courier picks up biological samples that are left out in public and they're not in a locked container, they need to inform the person in charge who is licensed to handle them. They do this by attaching a special form to the unlocked container and sending a copy to the Department of Consumer Affairs. This rule doesn't count if the samples were mailed in the right way. A locked container must be fully closed and locked, and the person in charge, called a 'licensee,' must be licensed to collect these samples. The rule kicked in on January 1, 2001, and they don't have to notify anyone about unsecured samples if the required forms aren’t available.
(a)CA Business & Professions Code § 1288.3(a) If a clinical laboratory employee, agent, or courier retrieves biological specimens located in a public place outside of the custodial control of a licensee, or his or her employee, agent, or contractor, and those specimens are not secured in a locked container, the clinical laboratory employee, agent, or courier, utilizing the form provided by the State Department of Health Services pursuant to Section 1220.5, shall (1) notify the licensee by attaching the appropriate copy of the form to the unlocked storage container, and (2) mail the appropriate copy of the form to the Department of Consumer Affairs. The Department of Consumer Affairs shall forward all forms received to the appropriate licensing entity.
(b)CA Business & Professions Code § 1288.3(b) This section shall not apply where the biological specimens have been received by mail in compliance with all applicable laws and regulations.
(c)CA Business & Professions Code § 1288.3(c) For purposes of this section: (1) “locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
(2)CA Business & Professions Code § 1288.3(c)(2) “Licensee” means a person licensed pursuant to this division 2 (commencing with Section 500), who collects human biological specimens for clinical testing or examination.
(d)CA Business & Professions Code § 1288.3(d) A violation of this section is not subject to Section 1287.
(e)CA Business & Professions Code § 1288.3(e) This section shall become operative on January 1, 2001. Nothing in this section shall be construed to require clinical laboratory employees, agents, or couriers to notify licensees or the Department of Consumer Affairs of an unsecured specimen if the State Department of Health Services has not provided the appropriate forms.
biological specimens clinical laboratory secured container
Section § 1288.5
This law states that no one can ask for or accept a biological sample for lab testing unless the lab is properly licensed or registered to do that specific type of test, and the person doing the test is officially allowed to perform it.
No person may solicit or accept any biological specimen for clinical laboratory testing or examination unless there is in effect for the clinical laboratory where the test or examination is to be performed a license or registration issued pursuant to this chapter applicable to the category of test or examination which includes that testing or examination, and the person performing the test or examination is authorized to perform the test or examination under this chapter.
biological specimen clinical laboratory testing lab license
Section § 1289
If someone breaks the rules of this chapter, tries to break them, helps someone else break them, or plans with others to break them, it's considered unprofessional behavior.
The violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this chapter or regulations promulgated thereunder constitutes unprofessional conduct within the meaning of this chapter.
unprofessional conduct violation attempting to violate
Section § 1290
This law states that if a clinical laboratory violates any California laws about handling narcotics and dangerous drugs, it's considered unprofessional conduct. However, this doesn't apply to drugs they keep on-site solely for testing purposes.
With the exception of narcotics and dangerous drugs stored on the licensed clinical laboratory premises for use exclusively as standards for the purpose of testing, the violation of any of the statutes of this state regulating narcotics and dangerous drugs constitutes unprofessional conduct within the meaning of this chapter.
unprofessional conduct narcotics regulations dangerous drugs
Section § 1291
This law says that doctors can teach or train their lab employees without breaking any rules. It's okay if this training is part of the doctor's medical practice.
Nothing in this chapter shall prohibit a licensed physician and surgeon from instructing or training any person employed by him to work in a laboratory maintained by such physician and surgeon as an incident of his own medical practice.
licensed physician surgeon laboratory
