Florida Senate - 2015                                    SB 1472
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-01053-15                                           20151472__
    1                        A bill to be entitled                      
    2         An act relating to hepatitis C testing for veterans;
    3         creating s. 381.0048, F.S.; providing definitions;
    4         requiring hospitals and health care practitioners to
    5         offer hepatitis C testing to veterans; requiring a
    6         health care practitioner to provide health care to
    7         veterans who receive a positive test result; requiring
    8         the Department of Health to adopt rules; requiring the
    9         department to make available standard hepatitis C
   10         information sheets to health care practitioners;
   11         providing a statement regarding scope of practice and
   12         legal and professional obligations of health care
   13         practitioners with respect to hepatitis C testing;
   14         requiring a report to the Governor and the
   15         Legislature; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 381.0048, Florida Statutes, is created
   20  to read:
   21         381.0048 Hepatitis C testing for veterans.—
   22         (1) As used in this section, the term:
   23         (a) “Health care practitioner” means a person licensed
   24  under chapter 458 or chapter 459 or an advanced registered nurse
   25  practitioner certified under part I of chapter 464.
   26         (b) “Hepatitis C diagnostic test” means a laboratory test
   27  that detects the presence of the hepatitis C virus in the blood
   28  and provides confirmation of infection with the hepatitis C
   29  virus.
   30         (c) “Hepatitis C screening test” means a federal Food and
   31  Drug Administration (FDA)-approved laboratory screening test, an
   32  FDA-approved, rapid, point-of-care test, or another FDA-approved
   33  test that detects the presence of hepatitis C antibodies in the
   34  blood.
   35         (d) “Veteran” has the same meaning as in s. 1.01(14).
   36         (2) A veteran born between January 1, 1945, and December
   37  31, 1965, who receives health care services as an inpatient in a
   38  general hospital as defined in s. 395.002, primary care services
   39  in a hospital inpatient or outpatient setting, or primary care
   40  services from a health care practitioner must be offered a
   41  hepatitis C screening test unless the health care practitioner
   42  providing these services reasonably believes that the veteran:
   43         (a) Is being treated for a life-threatening emergency;
   44         (b) Has previously been offered or has been the subject of
   45  a hepatitis C screening test; however, if the veteran’s medical
   46  condition indicates the need for additional testing, a test must
   47  be offered; or
   48         (c) Lacks the capacity to consent to a hepatitis C
   49  screening test.
   50         (3) If a veteran accepts the offer of a hepatitis C
   51  screening test and receives a positive test result, the health
   52  care practitioner shall forward the results to the veteran’s
   53  primary care health care practitioner, who may provide the
   54  appropriate counseling and followup health care, which must
   55  include a hepatitis C diagnostic test.
   56         (4) The Department of Health shall:
   57         (a) Adopt rules that provide culturally and linguistically
   58  appropriate procedures for offering veterans the hepatitis C
   59  screening test in accordance with this section; and
   60         (b) Make available to health care practitioners a standard
   61  hepatitis C information sheet for use in discussing and offering
   62  the screening test to patients.
   63         (5) This section does not affect the scope of practice of a
   64  health care practitioner or diminish the authority or legal or
   65  professional obligation of a health care practitioner to offer a
   66  hepatitis C screening test or hepatitis C diagnostic test or to
   67  provide services or followup health care to the subject of a
   68  hepatitis C screening test or hepatitis C diagnostic test.
   69         (6) By January 1, 2017, the State Surgeon General shall
   70  submit to the Governor, the President of the Senate, the Speaker
   71  of the House of Representatives, and the chairs of the
   72  appropriate substantive committees of the Legislature a status
   73  report evaluating the effectiveness of the hepatitis C testing
   74  program established in this section.
   75         Section 2. This act shall take effect July 1, 2015.