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A bill to be entitled

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An act relating to clinical laboratories; amending s.

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483.181, F.S.; requiring clinical laboratories to accept

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human specimens submitted by advanced registered nurse

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practitioners; providing an effective date.

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

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     Section 1.  Section 483.181, Florida Statutes, is amended to

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read:

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     483.181  Acceptance, collection, identification, and

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examination of specimens.--

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     (1)  A clinical laboratory may examine human specimens at

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the request only of a licensed practitioner or other person

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authorized by law to use the findings of clinical laboratory

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examinations. An individual forwarding a sample of the

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individual's own blood to a clinical laboratory, when such blood

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sample has been taken pursuant to a home access HIV test kit

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approved by the United States Food and Drug Administration, shall

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be considered a person authorized to request and use a clinical

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laboratory test for human immunodeficiency virus, for the

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purposes of this part.

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     (2)  The results of a test must be reported directly to the

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licensed practitioner or other authorized person who requested

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it. The report must include the name and address of the clinical

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laboratory in which the test was actually performed, unless the

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test was performed in a hospital laboratory and the report

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becomes an integral part of the hospital record.

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     (3)  The results of clinical laboratory tests performed by a

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clinical laboratory complying with this part and performed before

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a patient's admission to a facility licensed under chapter 395

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must be accepted in lieu of clinical laboratory tests required

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upon a patient's admission to the facility and in lieu of tests

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that may be ordered for patients of the facility, except that the

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facility may not be required to accept transfusion compatibility

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test results. The agency shall establish, by rule, standards for

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accepting laboratory test results to specify acceptable

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timeframes for such laboratory tests to assure that the

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timeframes do not adversely affect the accuracy of the test.

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     (4)  All specimens accepted by a clinical laboratory must be

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tested on the premises, except that specimens for infrequently

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performed tests may be forwarded for examination to another

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clinical laboratory approved under this part. This subsection

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does not prohibit referring specimens to a clinical laboratory

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excepted under s. 483.031. However, the clinical laboratory

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director of the referring clinical laboratory must assume

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complete responsibility.

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     (5)  A clinical laboratory licensed under this part must

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accept a human specimen submitted for examination by a

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practitioner licensed under chapter 458, chapter 459, chapter

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460, chapter 461, chapter 462, s. 464.012, or chapter 466, if the

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specimen and test are the type performed by the clinical

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laboratory. A clinical laboratory may only refuse a specimen

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based upon a history of nonpayment for services by the

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practitioner. A clinical laboratory shall not charge different

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prices for tests based upon the chapter under which a

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practitioner submitting a specimen for testing is licensed.

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     Section 2.  This act shall take effect July 1, 2008.