Bill Text: NJ S2515 | 2024-2025 | Regular Session | Introduced
Bill Title: Authorizes clinical laboratories to perform tests without individual order from practitioner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-05 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2515 Detail]
Download: New_Jersey-2024-S2515-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Authorizes clinical laboratories to perform tests without individual order from practitioner.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning laboratory testing and supplementing P.L.1975, c.166 (C.45:9-42.26 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other provision of law to the contrary, and to the extent otherwise authorized under federal law, a clinical laboratory shall be authorized to perform any test requested by a patient without an order for the test issued by a health care practitioner.
b. When providing the results of a test performed without an order from a health care practitioner to a patient pursuant to this section, the clinical laboratory shall include a notice advising the patient of the benefits of reviewing the results with a licensed health care practitioner and the risk that, without the assistance of a licensed health care practitioner, there is a possibility the patient may misread or misinterpret the test results.
c. A clinical laboratory performing tests without an order for the test issued by a health care practitioner shall ensure patient records are produced and maintained, and access to the records is restricted, consistent with the requirements of the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191. The Attorney General shall have the authority to take any action and assess any penalty for a violation of the "Health Insurance Portability and Accountability Act of 1996," as is authorized under that act.
2. The Commissioner of Health shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill provides that, notwithstanding any other provision of law to the contrary, and to the extent otherwise authorized under federal law, clinical laboratories will be authorized to perform any test requested by a patient without an order for the test issued by a health care practitioner.
When providing the results of a test performed without an order issued by a health care practitioner to a patient, the clinical laboratory will be required to include a notice advising the patient of the benefits of reviewing the results with a licensed health care practitioner and the risk that, without the assistance of a licensed health care practitioner, there is a possibility the patient may misread or misinterpret the test results.
A clinical laboratory performing tests without an order for the test issued by a health care practitioner will be required to ensure patient records are produced and maintained, and access to the records is restricted, consistent with the requirements of the "Health Insurance Portability and Accountability Act of 1996" (HIPAA). The Attorney General will have the authority to take any action and assess any penalty for a violation of HIPAA as is authorized under HIPAA.
