Florida Senate - 2009 CS for SB 408 By the Committee on Judiciary; and Senator Fasano 590-02375-09 2009408c1 1 A bill to be entitled 2 An act relating to clinical laboratories; amending s. 3 440.102, F.S.; deleting the requirement that initial 4 drug tests conducted pursuant to a drug-free workplace 5 program be conducted by a licensed or certified 6 laboratory; amending s. 483.181, F.S.; requiring 7 clinical laboratories to accept human specimens 8 submitted by advanced registered nurse practitioners; 9 providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (d) of subsection (5) of section 14 440.102, Florida Statutes, is amended to read: 15 440.102 Drug-free workplace program requirements.—The 16 following provisions apply to a drug-free workplace program 17 implemented pursuant to law or to rules adopted by the Agency 18 for Health Care Administration: 19 (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen 20 collection and testing for drugs under this section shall be 21 performed in accordance with the following procedures: 22 (d) Eachinitial drug test andconfirmation test conducted 23 under this section, not including the taking or collecting of a 24 specimen to be tested, shall be conducted by a licensed or 25 certified laboratory as described in subsection (9). 26 Section 2. Section 483.181, Florida Statutes, is amended to 27 read: 28 483.181 Acceptance, collection, identification, and 29 examination of specimens.— 30 (1) A clinical laboratory may examine human specimens at 31 the request only of a licensed practitioner or other person 32 authorized by law to use the findings of clinical laboratory 33 examinations. An individual forwarding a sample of the 34 individual’s own blood to a clinical laboratory, when such blood 35 sample has been taken pursuant to a home access HIV test kit 36 approved by the United States Food and Drug Administration, 37 shall be considered a person authorized to request and use a 38 clinical laboratory test for human immunodeficiency virus, for 39 the purposes of this part. 40 (2) The results of a test must be reported directly to the 41 licensed practitioner or other authorized person who requested 42 it. The report must include the name and address of the clinical 43 laboratory in which the test was actually performed, unless the 44 test was performed in a hospital laboratory and the report 45 becomes an integral part of the hospital record. 46 (3) The results of clinical laboratory tests performed by a 47 clinical laboratory complying with this part and performed 48 before a patient’s admission to a facility licensed under 49 chapter 395 must be accepted in lieu of clinical laboratory 50 tests required upon a patient’s admission to the facility and in 51 lieu of tests that may be ordered for patients of the facility, 52 except that the facility may not be required to accept 53 transfusion compatibility test results. The agency shall 54 establish, by rule, standards for accepting laboratory test 55 results to specify acceptable timeframes for such laboratory 56 tests to assure that the timeframes do not adversely affect the 57 accuracy of the test. 58 (4) All specimens accepted by a clinical laboratory must be 59 tested on the premises, except that specimens for infrequently 60 performed tests may be forwarded for examination to another 61 clinical laboratory approved under this part. This subsection 62 does not prohibit referring specimens to a clinical laboratory 63 excepted under s. 483.031. However, the clinical laboratory 64 director of the referring clinical laboratory must assume 65 complete responsibility. 66 (5) A clinical laboratory licensed under this part must 67 accept a human specimen submitted for examination by a 68 practitioner licensed under chapter 458, chapter 459, chapter 69 460, chapter 461, chapter 462, s. 464.012, or chapter 466, if 70 the specimen and test are the type performed by the clinical 71 laboratory. A clinical laboratory may only refuse a specimen 72 based upon a history of nonpayment for services by the 73 practitioner. A clinical laboratory shall not charge different 74 prices for tests based upon the chapter under which a 75 practitioner submitting a specimen for testing is licensed. 76 Section 3. This act shall take effect July 1, 2009.