ENROLLED
       2009 Legislature                                   CS for SB 408
       
       
       
       
       
       
                                                              2009408er
    1  
    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) Each initial drug test and confirmation 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.