Offenses Against the Chapter
Cal. BPC § 1288.3
California Statutes
(
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) This
section shall not apply where the biological specimens have been received by mail in compliance with all applicable laws and regulations. (
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) “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) A violation of this
section is not subject to
Section 1287. (
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.