The Sacramento Bee from Sacramento, California • A4

OUTPUT: 21:55 USER: MWHALEY BEEBROAD MASTER 02-21-08 BLACKYELLOWCYANMAGENTA By Laurel Rosenhall Public health officials are forcing UC Berkeley to make a major change to a controversial freshmen orienta- tion project that involves testing stu- DNA, the university an- nounced Thursday. Instead of giving each student who submitted a saliva sample the results of their individual test, UC Berkeley will only report aggregate test results. will not have access we promised them to information in theirowngenome. I think Mark Schlissel, dean of bio- logical sciences at UC Berkeley, said in a phone call with reporters. The change comes after the state Department of Public Health ruled that the plan to give stu- dents individual results of their DNA tests amounted to making a medical diagnosis.

According to state and fed- eral laws, medical tests must be re- quested by a doctor and performed in credentialed laboratories. UC Berkeley argued that its project called Your Genes to was academic research, not medical testing. The law allows genetic tests for research purposes to be per- formed in a greater variety of labs, and they do not have to be requested by a doctor. UC Berkeley looked for a lab with the appropriate certification to per- form the tests but find one willing to do it because of the rela- tivelysmall scopeof theproject, Schlis- sel said. Even if it found a lab, he said, the university would be unable to give students their own results because state public health officials ruled that to do so, the tests would have to have been requested by a doctor.

do disagree with the Depart- ment of Public Health but we respect their authority under the Schlis- sel said. The saliva samples will be an- alyzed in a campus lab, which is not certified to perform medical tests. In a prepared statement, Kevin Reilly, a deputy director of the Public Health Department, said the state law on laboratory testing is to protect the public by ensuring that testing provides accurate and reliable shared with UC Berkeley that, by law, tests must be conducted in licensed laboratories if results are to be released to an Reilly said. School officials had touted the DNA testingasanengaging learningexperi- ence for students new to Berkeley. Over the summer, the college sent 5,000 incoming students DNA test kits and asked them to spit in a tube andsend itback.Participationwas op- tional and anonymous.

Each saliva sample was labeled with a bar code number that only the student knew. The plan was to test the saliva sam- ples for three gene variations those involved in breaking down lactose, metabolizing alcohol and absorbing folic acid and give each student the results of their own test. Lectures and seminars throughout the school year wouldexplore scientific, legal andeth- ical issues involved in genetic testing, which Schlissel described as an ex- ploding business in California. About700studentshadreturnedsa- liva samples as of Thursday, Schlissel said. The project drew criticism as soon as it was announced in May.

Detrac- tors said it was poorly thought out and rife with potential privacy viola- tions and confusion for students. Many of them were pleased that the Department of Public Health com- pelled the university to change the project. Call The Laurel Rosenhall, (916) 321-1083. Follow her on Twit- ter BERKELEY FRESHMEN GET RESULTS OF THEIR OWN TESTS, THE STATE DECIDES Governor gets bill barring debit card fees imposed by retailers Californians who use debit cards to pay for goods and ser- vices could not be charged a fee by stores and other retail outlets under legislation sent Thursday to Gov. Arnold Schwarzenegger.

Democrats succeeded in push- ing Senate Bill 933 through the Assembly by the bare minimum number of votes necessary, 41-22, with support from only six Repub- licans. Proposed by Sen. Jenny Oro- peza, D-Long Beach, the bill would include debit cards in an existing prohibition barring retail- ers from charging a fee on trans- actions paid with credit cards. it now stands, retailer-im- posed checkout fees on top of advertised sticker prices are cost- ing consumers hundreds of mil- lions of dollars. This is hitting lower-income families the hard- est, especially those using govern- ment-issued she said.

Opponents characterize the bill as harmful to small businesses because it addresses only one side of debit-card fees: It does nothing to bar the issuers of ATM cards from charging retailers when customers use them. Jim Sanders, Bee Capitol Bureau State worker contracts modifying pension benefits get Assembly OK The Assembly voted 61-4 Thurs- day to ratify contracts with three state employee bargaining units that include some modifications to pension benefits agreements that the Schwarzenegger adminis- tration worked out with the af- fected unions. The ratification bill, Senate Bill 846, was returned to the Senate for a final vote. While most of the debate was positive, a few Republicans argued that the new contracts don't go far enough on pension reform. The legislation ratifies con- tracts with the California Associa- tion of Highway Patrolmen (Bar- gaining Unit 5), the Operating Engineers Union for craft and maintenance workers (Unit 12) and the California Association of Psychiatric Technicians (Unit 18).

Three other contracts are awaiting ratification in another bill, Assembly Bill 1592, pending on the Senate floor. They involve state firefighters (Unit 8), physi- cians, dentists and podiatrists (Unit 16) and health and service professionals (Unit 19). Dan Walters, Bee Capitol Bureau Health off icials make Cal revise its DNA project VERY SLICK These days, Grace Slick is painting white rabbits instead of singing about them. The former lead singer for Jefferson Airplane, now 70, also is still involved in music. She just released Edge of a song whose proceeds will help after the gulf oil spill.

With Slick, above left, is gallery owner Alexander Salazar in San Diego, where a recent show resulted in sales of $30,000 worth of paintings. At left is her painting of a white rabbit. CAPITOL In brief CA, 920122 HWY 50 Fols om lvd. Trad Ce nter Dr. er ca nt ile Dr Sunrise Blvd.

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Stern, in the limousine. Regarding the party at a club, he wrote, booze, orgy. I was making out with Anna, my patient, blurring the lines. I gave her Valium and Meth- odone. Can she ruin Associated Press Wrongly convicted, man gets $7.95 million deal LOS ANGELES A man who spent 24 years imprisoned for a murder he did not commit will receive $7.95 million from Long Beach after he sued the police there for withholding evi- dence in his 1980 trial.

The settlement, made public Thursday, is the larg- est pretrial settlement ever in California for a wrongful conviction and one of the largest in the country, said Barry Litt, a lawyer for the man, Thomas Lee Goldstein. In 2004, Goldstein was freed from prison after the Los Angeles district attorney dismissed all charges against him in the 1979 killing of a Long Beach drug dealer. The move was based on new evidence that police had coached the only witness in the case by pointing Gold- stein out in a photo spread as a suspect. Lawyers also presented evidence that police had offered Eddy Fink, a heroin addict and police informant, leniency in a grand theft conviction if he testified against Gold- stein. New York Times Skeleton is of woman missing since September LOS ANGELES Skeletal re- mains found near Malibu are those of a California woman who disappeared nearly a year ago after depu- ties released her from cus- tody in the middle of the night, Sheriff Lee Baca said Thursday, adding there was no indication of foul play.

The remains of Mitrice Richardson were discovered Monday by state park rang- ers who were checking on an abandoned marijuana plantation. Items of her clothing were found nearby, assistant coroner Ed Winter said, possibly scattered by animals. The identification ends a nearly yearlong search for the Los Angeles- area woman who was re- leased from custody at 12:15 a.m. on Sept. 17 even though her car had been towed and she had no money.

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