House Bill 0673c1

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000              CS/HB 673

        By the Committee on Health Care Licensing & Regulation and
    Representative Posey





  1                      A bill to be entitled

  2         An act relating to clinical laboratory

  3         services; amending ss. 458.331 and 459.015,

  4         F.S.; providing an additional ground for

  5         disciplinary action relating to failing to

  6         report certain violators; amending s. 483.111,

  7         F.S.; requiring certain laboratories to be

  8         staffed by certain certified physicians;

  9         providing requirements for dermatopathology

10         testing; amending s. 483.181, F.S.; requiring

11         clinical laboratories to report any incident of

12         lost or misplaced specimens; amending s.

13         483.201, F.S; revising a ground for

14         disciplinary actions against clinical

15         laboratories relating to losing or misplacing

16         specimens; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Paragraph (nn) is added to subsection (1)

21  of section 458.331, Florida Statutes, to read:

22         458.331  Grounds for disciplinary action; action by the

23  board and department.--

24         (1)  The following acts shall constitute grounds for

25  which the disciplinary actions specified in subsection (2) may

26  be taken:

27         (nn)  Failing to report to the department or licensing

28  agency any person or clinical laboratory licensed under

29  chapter 483 who the licensee knows is in violation of the

30  chapter regulating the alleged violator, or the rules of the

31  department, the board, or the licensing agency.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000              CS/HB 673

    601-171-00






  1         Section 2.  Paragraph (pp) is added to subsection (1)

  2  of section 459.015, Florida Statutes, to read:

  3         459.015  Grounds for disciplinary action by the

  4  board.--

  5         (1)  The following acts shall constitute grounds for

  6  which the disciplinary actions specified in subsection (2) may

  7  be taken:

  8         (pp)  Failing to report to the department or licensing

  9  agency any person or clinical laboratory licensed under

10  chapter 483 who the licensee knows is in violation of the

11  chapter regulating the alleged violator, or the rules of the

12  department, the board, or the licensing agency.

13         Section 3.  Section 483.111, Florida Statutes, is

14  amended to read:

15         483.111  Limitations on licensure.--A license may be

16  issued to a clinical laboratory to perform only those clinical

17  laboratory procedures and tests that are within the

18  specialties or subspecialties in which the clinical laboratory

19  personnel are qualified.  A license may not be issued unless

20  the agency determines that the clinical laboratory is

21  adequately staffed and equipped to operate in conformity with

22  the requirements of this part and the rules adopted under this

23  part. Laboratories which perform anatomic pathology must be

24  staffed by a physician certified in anatomic pathology by the

25  American Board of Pathology, or the American Osteopathic Board

26  of Pathology, or possess qualifications that are equivalent to

27  those required for such certification. For tests in

28  dermatopathology the physician must be certified in anatomic

29  pathology by the American Board of Pathology, or the American

30  Osteopathic Board of Pathology, or possess qualifications

31  equivalent to those required for such certification; or be

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000              CS/HB 673

    601-171-00






  1  certified in dermatopathology by the American Board of

  2  Pathology and the American Board of Dermatology or possess

  3  qualifications equivalent to those required for such

  4  certification; or be certified in dermatology by the American

  5  Board of Dermatology or possess qualifications equivalent to

  6  those required for such certification.

  7         Section 4.  Subsection (6) is added to section 483.181,

  8  Florida Statutes, to read:

  9         483.181  Acceptance, collection, identification, and

10  examination of specimens.--

11         (6)  A clinical laboratory shall report to the agency

12  and to the licensed practitioner or other authorized person

13  who requested the examination any incident of lost or

14  misplaced specimens within 14 days of the incident.

15         Section 5.  Subsection (3) of section 483.201, Florida

16  Statutes, is amended to read:

17         483.201  Grounds for disciplinary action against

18  clinical laboratories.--The following acts constitute grounds

19  for which a disciplinary action specified in s. 483.221 may be

20  taken against a clinical laboratory:

21         (3)  Demonstrating incompetence, losing or misplacing

22  specimens, or making consistent errors in the performance of

23  clinical laboratory examinations and procedures or erroneous

24  reporting.

25         Section 6.  This act shall take effect July 1, 2000.

26

27

28

29

30

31

                                  3