The Florida Senate

765.542  Certification of organ procurement organizations, tissue banks, and eye banks.--

(1)  An organization, agency, or other entity may not engage in the practice of organ procurement in this state without being designated as an organ procurement organization by the secretary of the United States Department of Health and Human Services and being appropriately certified by the Agency for Health Care Administration. As used in this subsection, the term "procurement" includes the retrieval, processing, or distribution of human organs. A physician or organ procurement organization based outside this state is exempt from these certification requirements if:

(a)  The organs are procured for an out-of-state patient who is listed on, or referred through, the United Network for Organ Sharing System; and

(b)  The organs are procured through an agreement of an organ procurement organization certified by the state.

(2)  An organization, agency, or other entity may not engage in tissue procurement in this state unless it is appropriately certified by the Agency for Health Care Administration. As used in this subsection, the term "procurement" includes any retrieval, processing, storage, or distribution of human tissue for transplantation.

(3)  An organization, agency, or other entity may not engage in the practice of eye procurement in this state without being appropriately certified by the Agency for Health Care Administration. As used in this subsection, the term "procurement" includes the retrieval, processing, or distribution of human eye tissue. Funeral directors or direct disposers that retrieve eye tissue for an eye bank certified under this subsection are exempt from the certification requirements under this subsection.

(4)  A limited certificate may be issued to a tissue bank or eye bank, certifying only those components of procurement which the bank has chosen to perform. The Agency for Health Care Administration may issue a limited certificate if it determines that the tissue bank or eye bank is adequately staffed and equipped to operate in conformity with the rules adopted under this section.

History.--s. 3, ch. 91-271; s. 6, ch. 94-305; s. 33, ch. 2003-1.

Note.--Former s. 381.6022.