Bill Text: FL S1438 | 2015 | Regular Session | Introduced

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Bill Title: Hepatitis C Testing

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-05-01 - Died in Health Policy [S1438 Detail]

Download: Florida-2015-S1438-Introduced.html

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       Florida Senate - 2015                                    SB 1438
       
       
        
       By Senator Joyner
       
       
       
       
       
       19-01002-15                                           20151438__
    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         requiring the forwarding of positive test results;
    6         requiring the Department of Health to adopt rules and
    7         make standard hepatitis C information sheets available
    8         to health care practitioners; providing applicability
    9         with respect to hepatitis C testing by health care
   10         practitioners; requiring the State Surgeon General to
   11         submit a report to the Governor and the Legislature;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 381.0044, Florida Statutes, is created
   17  to read:
   18         381.0044 Hepatitis C testing.—
   19         (1) As used in this section, the term:
   20         (a) “Health care practitioner” means a person licensed
   21  under chapter 458 or chapter 459, or an advanced registered
   22  nurse practitioner certified under 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 viral infection.
   26         (c) “Hepatitis C screening test” means a federal Food and
   27  Drug Administration (FDA)-approved laboratory screening test,
   28  FDA-approved rapid point-of-care test, or other FDA-approved
   29  test that detects the presence of hepatitis C antibodies in the
   30  blood.
   31         (2) A person born between January 1, 1945, and December 31,
   32  1965, who receives health care services as an inpatient in a
   33  general hospital as defined in s. 395.002, primary care services
   34  in a hospital inpatient or outpatient setting, or primary care
   35  services from a health care practitioner shall be offered a
   36  hepatitis C screening test unless the health care practitioner
   37  providing these services reasonably believes that the person:
   38         (a) Is being treated for a life-threatening emergency;
   39         (b) Has previously been offered or has been the subject of
   40  a hepatitis C screening test; however, if the person’s medical
   41  condition indicates the need for additional testing, a test
   42  shall be offered; or
   43         (c) Lacks the capacity to consent to a hepatitis C
   44  screening test.
   45         (3) If a person accepts the offer of a hepatitis C
   46  screening test and receives a positive test result, the health
   47  care practitioner shall forward the results to the person’s
   48  primary care health care practitioner who can provide the
   49  appropriate counseling and followup health care. The followup
   50  health care must include a hepatitis C diagnostic test.
   51         (4) The Department of Health shall:
   52         (a) Adopt rules that provide culturally and linguistically
   53  appropriate procedures for offering individuals the hepatitis C
   54  screening test in accordance with this section; and
   55         (b) Make available to health care practitioners a standard
   56  hepatitis C information sheet to use when discussing and
   57  offering the screening test to patients.
   58         (5) This section does not affect the scope of practice of a
   59  health care practitioner or diminish the authority or legal or
   60  professional obligation of a health care practitioner to offer a
   61  hepatitis C screening test or hepatitis C diagnostic test or to
   62  provide services or followup health care to the subject of a
   63  hepatitis C screening test or hepatitis C diagnostic test.
   64         (6) The State Surgeon General shall submit a status report
   65  evaluating the effectiveness of the hepatitis C testing program
   66  established in this section by January 1, 2017. The State
   67  Surgeon General shall submit the report to the Governor, the
   68  President of the Senate, the Speaker of the House of
   69  Representatives, and the chairs of the appropriate substantive
   70  committees of the Legislature.
   71         Section 2. This act shall take effect July 1, 2015.