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- Pathologists Amended Remote Waiver Bill Sent to California Governor
Assembly Bill 2107 to authorize pathologists to review digital specimen materials remotely is awaiting Gov. Gavin Newsom’s signature after unanimously passing the California Senate on August 31. The CAP is encouraging Gov. Newsom to sign the bill into law as California is the only state that doesn’t recognize the federal government’s remote sign-out position.
The CAP and the California Society of Pathologists (CSP) previously amended the bill to ensure only pathologists practicing in California licensed laboratories could conduct remote review and recently, amended the bill to lessen concerns from the California Department of Public Health over federal compliance. The CSP and CAP worked closely to argue that the CMS’s enforcement discretion recognizing pathologists’ remote review does not violate CLIA.
CAP President Donald Karcher, MD, FCAP wrote the governor’s office stating, “California is the only state that does not yet recognize CMS’s continued enforcement discretion for pathology’s remote review of digital materials. CMS retains the right as does any federal agency to utilize enforcement discretion to permit reasonable flexibility in the interpretation of its CLIA regulations to respond appropriately to present and future conditions while still complying with statutory requirements. CMS’s enforcement discretion does not violate the federal requirements of CLIA. The CAP urges California to recognize and wholly trust CMS’s judgment, as the sole agency that regulates all clinical laboratory testing pursuant to CLIA, to permit remote review.”
The Governor has until September 30 to sign the bill into law or veto.