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2023 Florida Statutes (including 2023C)

Title XLIV CIVIL RIGHTS
Chapter 765 HEALTH CARE ADVANCE DIRECTIVES Entire Chapter
SECTION 542
Requirements to engage in organ, tissue, or eye procurement.
F.S. 765.542
765.542 Requirements to engage in organ, tissue, or eye procurement.—
(1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to ss. 765.541-765.546 and part II of chapter 408 and to entities licensed or certified by or applying for such licensure or certification from the agency pursuant to ss. 765.541-765.546. A person 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. 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) A person may not engage in tissue procurement in this state unless it is appropriately certified as a tissue bank by the agency.
(3) A person may not engage in the practice of eye procurement in this state without being appropriately certified as an eye bank by the agency. Funeral directors or direct disposers who 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 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; s. 202, ch. 2007-230; s. 14, ch. 2009-218.
Note.—Former s. 381.6022.