Section 1604.6 Of Article 2. Human Whole Blood And Human Whole Blood Derivatives From California Health And Safety Code >> Division 2. >> Chapter 4. >> Article 2.
1604.6
. (a) Notwithstanding any other provision of law, in order to
provide umbilical cord blood banking storage services, a blood bank
shall be licensed pursuant to this chapter. Any additional standards
for blood banks to store umbilical cord blood may be implemented by
the department through the adoption of regulations.
(b) (1) The department may adopt emergency regulations to
implement and make specific subdivision (a) in accordance with
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code. For purposes of the Administrative
Procedure Act, the adoption of regulations shall be deemed an
emergency and necessary for the immediate preservation of the public
peace, health and safety, or general welfare.
(2) (A) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
these emergency regulations shall not be subject to the review and
approval of the Office of Administrative Law. Notwithstanding
Sections 11346.1 and 11349.6 of the Government Code, the department
shall submit these regulations directly to the Secretary of State for
filing.
(B) Emergency regulations adopted pursuant to this section shall
become effective immediately upon filing by the Secretary of State,
shall be subject to public hearing within 120 days of filing with the
Secretary of State, and shall comply with Sections 11346.8 and
11346.9 of the Government Code, or shall be repealed by the
department.
(3) The Office of Administrative Law shall provide for the
printing and publication of emergency regulations adopted pursuant to
this section in the California Code of Regulations.
(4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, and subject
to subparagraph (B) of paragraph (2), the emergency regulations
adopted pursuant to this subdivision shall not be repealed by the
Office of Administrative Law and shall remain in effect until revised
or repealed by the department.