Section 1607 Of Article 2. Human Whole Blood And Human Whole Blood Derivatives From California Health And Safety Code >> Division 2. >> Chapter 4. >> Article 2.
1607
. (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) 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) 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) 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 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) 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. 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 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.