(a) All clinical laboratories licensed or registered by the Department shall comply with those federal regulations adopted under the CLIA of 1988 (42 C.F.R. § 493 et seq.), effective January 24, 2003, and published in the California Regulatory Notice Register 2016, Number 41-Z, pages 1825-26, which became effective by operation of law as a state regulation adopted under Division 2, Chapter 3 of the Business and Professions Code on January 5, 2017, in accordance with Business and Professions Code section 1208(c).

(b) In accordance with Business and Professions Code section 1208(b), the department, in consultation with the Clinical Laboratory Technology Advisory Committee, has determined that the following subparts of the federal regulations adopted under the Clinical Laboratory Improvement Amendments of 1988 (42 C.F.R. § 493 et seq.), and effective January 24, 2003, are less stringent than California law. All clinical laboratories licensed or registered by the Department shall comply with applicable state law regarding retention of records and shall not comply with the following subparts of the above-referenced federal regulations, as indicated in Table 1: Comparison of California and Federal Clinical Laboratory Record Retention Requirements: