Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 824
       
       
       
       
       
       
                                Ì9778122Î977812                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.0044, Florida Statutes, is created
    6  to read:
    7         381.0044 Hepatitis C testing.—
    8         (1) As used in this section, the term:
    9         (a) “Health care practitioner” means a person licensed
   10  under chapter 458 or chapter 459, or an advanced registered
   11  nurse practitioner certified under part I of chapter 464.
   12         (b) “Hepatitis C diagnostic test” means a laboratory test
   13  that detects the presence of the hepatitis C virus in the blood
   14  and provides confirmation of a hepatitis C virus infection.
   15         (c) “Hepatitis C screening test” means a federal Food and
   16  Drug Administration (FDA)-approved laboratory screening test,
   17  FDA-approved rapid point-of-care test, or other FDA-approved
   18  test that detects the presence of hepatitis C antibodies in the
   19  blood.
   20         (2) A person born between January 1, 1945, and December 31,
   21  1965, who receives health care services as an inpatient in a
   22  general hospital as defined in s. 395.002, primary care services
   23  in a hospital inpatient or outpatient setting, or primary care
   24  services from a health care practitioner shall be offered a
   25  hepatitis C screening test unless the health care practitioner
   26  providing these services reasonably believes that the person:
   27         (a) Is being treated for a life-threatening emergency;
   28         (b) Has previously been offered or has been the subject of
   29  a hepatitis C screening test; however, if the person’s medical
   30  condition indicates the need for additional testing, a test
   31  shall be offered; or
   32         (c) Lacks the capacity to consent to a hepatitis C
   33  screening test.
   34         (3) If a person accepts the offer of a hepatitis C
   35  screening test and receives a positive test result, the health
   36  care practitioner shall forward the results to the person's
   37  primary care health care practitioner who can provide the
   38  appropriate counseling and followup health care. The followup
   39  health care must include a hepatitis C diagnostic test.
   40         (4) The Department of Health shall:
   41         (a) Adopt rules that provide procedures for culturally and
   42  linguistically offering hepatitis C screening in accordance with
   43  this section; and
   44         (b) Make available to health care practitioners a standard
   45  hepatitis C information sheet to use when discussing and
   46  offering the screening test to patients.
   47         (5) This section does not affect the scope of practice of a
   48  health care practitioner or diminish the authority or legal or
   49  professional obligation of a health care practitioner to offer a
   50  hepatitis C screening test or hepatitis C diagnostic test or to
   51  provide services or followup health care to the subject of a
   52  hepatitis C screening test or hepatitis C diagnostic test.
   53         (6) The State Surgeon General shall submit a status report
   54  evaluating the effectiveness of the hepatitis C testing program
   55  established in this section by January 1, 2016. The State
   56  Surgeon General shall submit the report to the Governor, the
   57  President of the Senate, the Speaker of the House of
   58  Representatives, and the chairs of the appropriate substantive
   59  committees of the Legislature.
   60         Section 2. This act shall take effect July 1, 2014.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete everything before the enacting clause
   65  and insert:
   66                        A bill to be entitled                      
   67         An act relating to hepatitis C testing; creating s.
   68         381.0044, F.S.; providing definitions; requiring
   69         specified persons to be offered hepatitis C testing;
   70         requiring a health care practitioner to provide
   71         followup health care to persons who receive a positive
   72         test result; requiring the Department of Health to
   73         adopt rules and make standard hepatitis C information
   74         sheets available to health care practitioners;
   75         providing applicability with respect to hepatitis C
   76         testing by health care practitioners; requiring a
   77         report to the Governor and the Legislature; providing
   78         an effective date.