Florida Senate - 2009 SB 408
By Senator Fasano
11-00477-09 2009408__
1 A bill to be entitled
2 An act relating to clinical laboratories; amending s.
3 483.181, F.S.; requiring clinical laboratories to
4 accept human specimens submitted by advanced
5 registered nurse practitioners; providing an effective
6 date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 483.181, Florida Statutes, is amended to
11 read:
12 483.181 Acceptance, collection, identification, and
13 examination of specimens.—
14 (1) A clinical laboratory may examine human specimens at
15 the request only of a licensed practitioner or other person
16 authorized by law to use the findings of clinical laboratory
17 examinations. An individual forwarding a sample of the
18 individual's own blood to a clinical laboratory, when such blood
19 sample has been taken pursuant to a home access HIV test kit
20 approved by the United States Food and Drug Administration,
21 shall be considered a person authorized to request and use a
22 clinical laboratory test for human immunodeficiency virus, for
23 the purposes of this part.
24 (2) The results of a test must be reported directly to the
25 licensed practitioner or other authorized person who requested
26 it. The report must include the name and address of the clinical
27 laboratory in which the test was actually performed, unless the
28 test was performed in a hospital laboratory and the report
29 becomes an integral part of the hospital record.
30 (3) The results of clinical laboratory tests performed by a
31 clinical laboratory complying with this part and performed
32 before a patient's admission to a facility licensed under
33 chapter 395 must be accepted in lieu of clinical laboratory
34 tests required upon a patient's admission to the facility and in
35 lieu of tests that may be ordered for patients of the facility,
36 except that the facility may not be required to accept
37 transfusion compatibility test results. The agency shall
38 establish, by rule, standards for accepting laboratory test
39 results to specify acceptable timeframes for such laboratory
40 tests to assure that the timeframes do not adversely affect the
41 accuracy of the test.
42 (4) All specimens accepted by a clinical laboratory must be
43 tested on the premises, except that specimens for infrequently
44 performed tests may be forwarded for examination to another
45 clinical laboratory approved under this part. This subsection
46 does not prohibit referring specimens to a clinical laboratory
47 excepted under s. 483.031. However, the clinical laboratory
48 director of the referring clinical laboratory must assume
49 complete responsibility.
50 (5) A clinical laboratory licensed under this part must
51 accept a human specimen submitted for examination by a
52 practitioner licensed under chapter 458, chapter 459, chapter
53 460, chapter 461, chapter 462, s. 464.012, or chapter 466, if
54 the specimen and test are the type performed by the clinical
55 laboratory. A clinical laboratory may only refuse a specimen
56 based upon a history of nonpayment for services by the
57 practitioner. A clinical laboratory shall not charge different
58 prices for tests based upon the chapter under which a
59 practitioner submitting a specimen for testing is licensed.
60 Section 2. This act shall take effect July 1, 2009.