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| 1 | A bill to be entitled | ||
| 2 | An act relating to blood establishments; creating part V | ||
| 3 | of chapter 483, F.S., relating to blood establishments; | ||
| 4 | prohibiting blood establishments from operating in this | ||
| 5 | state without having the proper federal registration or | ||
| 6 | authorization; declaring operation in violation of such | ||
| 7 | prohibition a nuisance; providing for injunction; | ||
| 8 | providing an effective date. | ||
| 9 | |||
| 10 | Be It Enacted by the Legislature of the State of Florida: | ||
| 11 | |||
| 12 | Section 1. Part V of chapter 483, Florida Statutes, | ||
| 13 | consisting of section 483.911, Florida Statutes, is created to | ||
| 14 | read: | ||
| 15 | PART V | ||
| 16 | BLOOD ESTABLISHMENTS | ||
| 17 | 483.911 Blood establishments.-- | ||
| 18 | (1) DEFINITION.--For the purposes of this section, the | ||
| 19 | term "blood establishment" means any entity, organization, or | ||
| 20 | person operating within this state that examines any individual | ||
| 21 | for the purpose of blood donation or collects, processes, | ||
| 22 | stores, tests, or distributes blood or blood components | ||
| 23 | collected from the human body for the purpose of transfusion or | ||
| 24 | any other medical purpose or for the production of any | ||
| 25 | biological product and that is subject to regulation by the | ||
| 26 | federal Food and Drug Administration or other federal | ||
| 27 | governmental authority. | ||
| 28 | (2) OPERATION.--Any blood establishment operating in this | ||
| 29 | state is prohibited from conducting any of the activities listed | ||
| 30 | in subsection (1) unless it holds and maintains a valid, current | ||
| 31 | registration or other authorization as required by the federal | ||
| 32 | Food and Drug Administration or other federal governmental | ||
| 33 | authority. | ||
| 34 | (3) CESSATION OF OPERATION.--Any blood establishment | ||
| 35 | operating in this state without the required federal | ||
| 36 | registration or authorization as described in this section is in | ||
| 37 | violation of this section and shall immediately cease all | ||
| 38 | operations in the state. | ||
| 39 | (4) INJUNCTION.--The operation of a blood establishment in | ||
| 40 | this state without the required federal registration or | ||
| 41 | authorization as described in this section is declared a | ||
| 42 | nuisance, inimical to the public heath, welfare, and safety. The | ||
| 43 | Agency for Health Care Administration, or any state attorney in | ||
| 44 | the name of the people of the state, may bring an action to | ||
| 45 | enjoin such operation or to enjoin the future operation of any | ||
| 46 | blood establishment posing a danger to the public health, | ||
| 47 | welfare, and safety. | ||
| 48 | Section 2. This act shall take effect October 1, 2003. | ||