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.