Florida Senate - 2014                                     SB 824
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-01236-14                                            2014824__
    1                        A bill to be entitled                      
    2         An act relating to Hepatitis C testing; creating s.
    3         381.0044, F.S.; providing definitions; requiring
    4         specified persons to be offered Hepatitis C testing;
    5         providing followup health care for persons with a
    6         positive test result; requiring the Department of
    7         Health to adopt rules; providing applicability with
    8         respect to Hepatitis C testing by health care
    9         practitioners; requiring a report to the Governor and
   10         Legislature; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 381.0044, Florida Statutes, is created
   15  to read:
   16         381.0044 Hepatitis C testing.—
   17         (1) As used in this section, the term:
   18         (a) “Health care practitioner” means a physician licensed
   19  under chapter 458; an osteopathic physician licensed under
   20  chapter 459; or an advanced registered nurse practitioner,
   21  registered nurse, or licensed practical nurse licensed under
   22  part I of chapter 464.
   23         (b) “Hepatitis C diagnostic test” means a laboratory test
   24  that detects the presence of the Hepatitis C virus in the blood
   25  and provides confirmation of a Hepatitis C virus infection.
   26         (c) “Hepatitis C screening test” means a laboratory test
   27  that detects the presence of Hepatitis C virus antibodies in the
   28  blood.
   29         (2) A person born between January 1, 1945, and December 31,
   30  1965, who receives health care services as an inpatient in a
   31  general hospital as defined in s. 395.002, primary care services
   32  in a hospital inpatient or outpatient setting, or primary care
   33  services from a physician, physician assistant, or nurse
   34  practitioner shall be offered a Hepatitis C screening test
   35  unless the health care practitioner providing those services
   36  reasonably believes that the person:
   37         (a) Is being treated for a life-threatening emergency;
   38         (b) Has previously been offered or has been the subject of
   39  a Hepatitis C screening test; however, if the person’s medical
   40  condition indicates the need for additional testing, a test
   41  shall be offered; or
   42         (c) Lacks the capacity to consent to a Hepatitis C
   43  screening test.
   44         (3) If a person accepts the offer of a Hepatitis C
   45  screening test and receives a positive test result, the health
   46  care practitioner shall offer the person followup health care or
   47  refer the person to a health care provider who can provide
   48  followup health care. The followup health care must include a
   49  Hepatitis C diagnostic test.
   50         (4) The Department of Health shall adopt rules that provide
   51  procedures for culturally and linguistically offering Hepatitis
   52  C screening in accordance with this section.
   53         (5) This section does not affect the scope of practice of a
   54  health care practitioner or diminish the authority or legal or
   55  professional obligation of any health care practitioner to offer
   56  a Hepatitis C screening test or Hepatitis C diagnostic test or
   57  to provide services or followup health care to the subject of a
   58  Hepatitis C screening test or Hepatitis C diagnostic test.
   59         (6) The State Surgeon General shall submit a report
   60  evaluating the effectiveness of the Hepatitis C testing program
   61  established in this section by January 1, 2016. The State
   62  Surgeon General shall submit the report to the Governor, the
   63  President of the Senate, the Speaker of the House of
   64  Representatives, and the chairs of the appropriate substantive
   65  committees of the Legislature.
   66         Section 2. This act shall take effect July 1, 2014.