Florida Senate - 2014 SB 824 By Senator Joyner 19-01236-14 2014824__ 1 A bill to be entitled 2 An act relating to Hepatitis C testing; creating s. 3 381.0044, F.S.; providing definitions; requiring 4 specified persons to be offered Hepatitis C testing; 5 providing followup health care for persons with a 6 positive test result; requiring the Department of 7 Health to adopt rules; providing applicability with 8 respect to Hepatitis C testing by health care 9 practitioners; requiring a report to the Governor and 10 Legislature; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 381.0044, Florida Statutes, is created 15 to read: 16 381.0044 Hepatitis C testing.— 17 (1) As used in this section, the term: 18 (a) “Health care practitioner” means a physician licensed 19 under chapter 458; an osteopathic physician licensed under 20 chapter 459; or an advanced registered nurse practitioner, 21 registered nurse, or licensed practical nurse licensed under 22 part I of chapter 464. 23 (b) “Hepatitis C diagnostic test” means a laboratory test 24 that detects the presence of the Hepatitis C virus in the blood 25 and provides confirmation of a Hepatitis C virus infection. 26 (c) “Hepatitis C screening test” means a laboratory test 27 that detects the presence of Hepatitis C virus antibodies in the 28 blood. 29 (2) A person born between January 1, 1945, and December 31, 30 1965, who receives health care services as an inpatient in a 31 general hospital as defined in s. 395.002, primary care services 32 in a hospital inpatient or outpatient setting, or primary care 33 services from a physician, physician assistant, or nurse 34 practitioner shall be offered a Hepatitis C screening test 35 unless the health care practitioner providing those services 36 reasonably believes that the person: 37 (a) Is being treated for a life-threatening emergency; 38 (b) Has previously been offered or has been the subject of 39 a Hepatitis C screening test; however, if the person’s medical 40 condition indicates the need for additional testing, a test 41 shall be offered; or 42 (c) Lacks the capacity to consent to a Hepatitis C 43 screening test. 44 (3) If a person accepts the offer of a Hepatitis C 45 screening test and receives a positive test result, the health 46 care practitioner shall offer the person followup health care or 47 refer the person to a health care provider who can provide 48 followup health care. The followup health care must include a 49 Hepatitis C diagnostic test. 50 (4) The Department of Health shall adopt rules that provide 51 procedures for culturally and linguistically offering Hepatitis 52 C screening in accordance with this section. 53 (5) This section does not affect the scope of practice of a 54 health care practitioner or diminish the authority or legal or 55 professional obligation of any health care practitioner to offer 56 a Hepatitis C screening test or Hepatitis C diagnostic test or 57 to provide services or followup health care to the subject of a 58 Hepatitis C screening test or Hepatitis C diagnostic test. 59 (6) The State Surgeon General shall submit a report 60 evaluating the effectiveness of the Hepatitis C testing program 61 established in this section by January 1, 2016. The State 62 Surgeon General shall submit the report to the Governor, the 63 President of the Senate, the Speaker of the House of 64 Representatives, and the chairs of the appropriate substantive 65 committees of the Legislature. 66 Section 2. This act shall take effect July 1, 2014.