CS/HB 53

1
A bill to be entitled
2An act relating to clinical laboratories; amending s.
3440.102, F.S.; deleting the requirement that initial drug
4tests conducted pursuant to a drug-free workplace program
5be conducted by a licensed or certified laboratory;
6amending s. 483.181, F.S.; requiring clinical laboratories
7to accept human specimens submitted by advanced registered
8nurse practitioners; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Paragraph (d) of subsection (5) of section
13440.102, Florida Statutes, is amended to read:
14     440.102  Drug-free workplace program requirements.--The
15following provisions apply to a drug-free workplace program
16implemented pursuant to law or to rules adopted by the Agency
17for Health Care Administration:
18     (5)  PROCEDURES AND EMPLOYEE PROTECTION.--All specimen
19collection and testing for drugs under this section shall be
20performed in accordance with the following procedures:
21     (d)  Each initial drug test and confirmation test conducted
22under this section, not including the taking or collecting of a
23specimen to be tested, shall be conducted by a licensed or
24certified laboratory as described in subsection (9).
25     Section 2.  Section 483.181, Florida Statutes, is amended
26to read:
27     483.181  Acceptance, collection, identification, and
28examination of specimens.--
29     (1)  A clinical laboratory may examine human specimens at
30the request only of a licensed practitioner or other person
31authorized by law to use the findings of clinical laboratory
32examinations. An individual forwarding a sample of the
33individual's own blood to a clinical laboratory, when such blood
34sample has been taken pursuant to a home access HIV test kit
35approved by the United States Food and Drug Administration,
36shall be considered a person authorized to request and use a
37clinical laboratory test for human immunodeficiency virus, for
38the purposes of this part.
39     (2)  The results of a test must be reported directly to the
40licensed practitioner or other authorized person who requested
41it. The report must include the name and address of the clinical
42laboratory in which the test was actually performed, unless the
43test was performed in a hospital laboratory and the report
44becomes an integral part of the hospital record.
45     (3)  The results of clinical laboratory tests performed by
46a clinical laboratory complying with this part and performed
47before a patient's admission to a facility licensed under
48chapter 395 must be accepted in lieu of clinical laboratory
49tests required upon a patient's admission to the facility and in
50lieu of tests that may be ordered for patients of the facility,
51except that the facility may not be required to accept
52transfusion compatibility test results. The agency shall
53establish, by rule, standards for accepting laboratory test
54results to specify acceptable timeframes for such laboratory
55tests to assure that the timeframes do not adversely affect the
56accuracy of the test.
57     (4)  All specimens accepted by a clinical laboratory must
58be tested on the premises, except that specimens for
59infrequently performed tests may be forwarded for examination to
60another clinical laboratory approved under this part. This
61subsection does not prohibit referring specimens to a clinical
62laboratory excepted under s. 483.031. However, the clinical
63laboratory director of the referring clinical laboratory must
64assume complete responsibility.
65     (5)  A clinical laboratory licensed under this part must
66accept a human specimen submitted for examination by a
67practitioner licensed under chapter 458, chapter 459, chapter
68460, chapter 461, chapter 462, s. 464.012, or chapter 466, if
69the specimen and test are the type performed by the clinical
70laboratory. A clinical laboratory may only refuse a specimen
71based upon a history of nonpayment for services by the
72practitioner. A clinical laboratory shall not charge different
73prices for tests based upon the chapter under which a
74practitioner submitting a specimen for testing is licensed.
75     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.