Florida Senate - 2017                                    SB 1144
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00604-17                                            20171144__
    1                        A bill to be entitled                      
    2         An act relating to laboratory screening; amending s.
    3         381.004, F.S.; clarifying that certain requirements
    4         related to the reporting of positive HIV test results
    5         to county health departments apply only to testing
    6         performed in a nonhealth care setting; amending s.
    7         381.0202, F.S.; authorizing the Department of Health
    8         to perform laboratory testing for other states;
    9         amending s. 381.983, F.S.; redefining the term
   10         “elevated blood-lead levels”; amending s. 381.984,
   11         F.S.; authorizing, rather than requiring, that the
   12         Governor, in conjunction with the State Surgeon
   13         General, sponsor a public information initiative on
   14         lead-based paint hazards; amending s. 381.985, F.S.;
   15         revising requirements for the State Surgeon General’s
   16         program for early identification of persons at risk of
   17         having elevated blood-lead levels; requiring the
   18         department to maintain records showing elevated blood
   19         lead levels; requiring that health care providers
   20         report to the individual who was screened the results
   21         that indicate elevated blood-lead levels; amending s.
   22         383.14, F.S.; authorizing the State Public Health
   23         Laboratory to release the results of a newborn’s
   24         hearing and metabolic tests to certain individuals;
   25         requiring the department to promote the availability
   26         of services to promote detection of genetic
   27         conditions; clarifying that the membership of the
   28         Genetics and Newborn Screening Advisory Council must
   29         include one member representing each of four medical
   30         schools in this state; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Paragraph (a) of subsection (2) of section
   35  381.004, Florida Statutes, is amended to read:
   36         381.004 HIV testing.—
   37         (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
   38  RESULTS; COUNSELING; CONFIDENTIALITY.—
   39         (a) Before performing an HIV test:
   40         1. In a health care setting, the person to be tested shall
   41  be notified orally or in writing that the test is planned and
   42  that he or she has the right to decline the test. If the person
   43  to be tested declines the test, such decision shall be
   44  documented in the medical record. A person who has signed a
   45  general consent form for medical care is not required to sign or
   46  otherwise provide a separate consent for an HIV test during the
   47  period in which the general consent form is in effect.
   48         2. In a nonhealth care setting, a provider shall obtain the
   49  informed consent of the person upon whom the test is to be
   50  performed. Informed consent shall be preceded by an explanation
   51  of the right to confidential treatment of information
   52  identifying the subject of the test and the results of the test
   53  as provided by law. The provider shall also inform the test
   54  subject that a positive HIV test result will be reported to the
   55  county health department with sufficient information to identify
   56  the test subject and provide him or her with information on the
   57  availability and location of sites where anonymous testing is
   58  performed. As required in paragraph (3)(c), each county health
   59  department shall maintain a list of sites where anonymous
   60  testing is performed which includes site locations, telephone
   61  numbers, and hours of operation.
   62  
   63  The test subject shall also be informed that a positive HIV test
   64  result will be reported to the county health department with
   65  sufficient information to identify the test subject and of the
   66  availability and location of sites at which anonymous testing is
   67  performed. As required in paragraph (3)(c), each county health
   68  department shall maintain a list of sites at which anonymous
   69  testing is performed, including the locations, telephone
   70  numbers, and hours of operation of the sites.
   71         Section 2. Section 381.0202, Florida Statutes, is amended
   72  to read:
   73         381.0202 Laboratory services.—
   74         (1) The department shall establish and maintain, in
   75  suitable and convenient places in the state, laboratories for
   76  microbiological and chemical analyses and any other purposes it
   77  determines necessary for the protection of the public health.
   78         (2) The department may contract or agree with any person or
   79  public or private agency to provide laboratory services relating
   80  to or having potential impact on the public health or relating
   81  to the health of clients directly under the care of the state.
   82         (3) The department is authorized to establish and collect
   83  reasonable fees and charges for laboratory services provided.
   84  Such fees and charges shall be deposited in a trust fund
   85  administered by the department and shall be used solely for this
   86  purpose.
   87         (4) The department may perform laboratory testing related
   88  to public health for other states on a fee-for-service basis.
   89         Section 3. Subsection (3) of section 381.983, Florida
   90  Statutes, is amended to read:
   91         381.983 Definitions.—As used in this act, the term:
   92         (3) “Elevated blood-lead level” means a quantity of lead in
   93  the whole venous blood, measured from a venous or capillary draw
   94  expressed in micrograms per deciliter (ug/dL), which exceeds the
   95  cutpoint specified in department rule. The determination of
   96  elevated blood-lead level must be based on national
   97  recommendations developed by the Council of State and
   98  Territorial Epidemiologists and the Centers for Disease Control
   99  and Prevention. 10 ug/dL or such other level as specifically
  100  provided in this act.
  101         Section 4. Subsections (2) and (3) of section 381.984,
  102  Florida Statutes, are amended to read:
  103         381.984 Educational programs.—
  104         (2) PUBLIC INFORMATION INITIATIVE.—The Governor, in
  105  conjunction with the State Surgeon General and his or her
  106  designee, may shall sponsor a series of public service
  107  announcements on radio, television, and the Internet, and in
  108  print media about the nature of lead-based-paint hazards, the
  109  importance of standards for lead poisoning prevention in
  110  properties, and the purposes and responsibilities set forth in
  111  this act. In developing and coordinating this public information
  112  initiative, the sponsors may shall seek the participation and
  113  involvement of private industry organizations, including those
  114  involved in real estate, insurance, mortgage banking, and
  115  pediatrics.
  116         (3) DISTRIBUTION OF INFORMATION LITERATURE ABOUT CHILDHOOD
  117  LEAD POISONING.—By January 1, 2007, The State Surgeon General or
  118  his or her designee shall develop culturally and linguistically
  119  appropriate information and distribution methods pamphlets
  120  regarding childhood lead poisoning, the importance of testing
  121  for elevated blood-lead levels, prevention of childhood lead
  122  poisoning, treatment of childhood lead poisoning, and, as where
  123  appropriate, the requirements of this act. This These
  124  information pamphlets shall be distributed to parents or the
  125  other legal guardians of children 6 years of age or younger on
  126  the following occasions:
  127         (a) By a health care provider at the time of a child’s
  128  birth and at the time of any childhood immunization or
  129  vaccination unless it is established that such information
  130  pamphlet has been provided previously to the parent or legal
  131  guardian by the health care provider within the prior 12 months.
  132         (b) By the owner or operator of any child care facility or
  133  preschool or kindergarten class on or before each October 15 of
  134  the calendar year.
  135         Section 5. Section 381.985, Florida Statutes, is amended to
  136  read:
  137         381.985 Screening program.—
  138         (1) The State Surgeon General shall establish guidelines a
  139  program for early identification of persons at risk of having
  140  elevated blood-lead levels and for the systematic screening of .
  141  Such program shall systematically screen children under 6 years
  142  of age in the target populations identified in subsection (2)
  143  for the presence of elevated blood-lead levels. Children within
  144  the specified target populations shall be screened with a blood
  145  lead test at age 12 months and age 24 months, or between the
  146  ages of 36 months and 72 months if they have not previously been
  147  screened. The State Surgeon General shall, after consultation
  148  with recognized professional medical groups and such other
  149  sources as the State Surgeon General deems appropriate, adopt
  150  rules to follow established national guidelines or
  151  recommendations such as those issued by the Council of State and
  152  Territorial Epidemiologists and the Centers for Disease Control
  153  and Prevention related to reporting elevated blood-lead levels
  154  and screening results to the department pursuant to this
  155  section. promulgate rules establishing:
  156         (a) The means by which and the intervals at which such
  157  children under 6 years of age shall be screened for lead
  158  poisoning and elevated blood-lead levels.
  159         (b) Guidelines for the medical followup on children found
  160  to have elevated blood-lead levels.
  161         (2) In developing screening programs to identify persons at
  162  risk with elevated blood-lead levels, priority shall be given to
  163  persons within the following categories:
  164         (a) All children enrolled in the Medicaid program at ages
  165  12 months and 24 months, or between the ages of 36 months and 72
  166  months if they have not previously been screened.
  167         (b) Children under the age of 6 years exhibiting delayed
  168  cognitive development or other symptoms of childhood lead
  169  poisoning.
  170         (c) Persons at risk residing in the same household, or
  171  recently residing in the same household, as another person at
  172  risk with an elevated a blood-lead level of 10 ug/dL or greater.
  173         (d) Persons at risk residing, or who have recently resided,
  174  in buildings or geographical areas in which significant numbers
  175  of cases of lead poisoning or elevated blood-lead levels have
  176  recently been reported.
  177         (e) Persons at risk residing, or who have recently resided,
  178  in an affected property contained in a building that during the
  179  preceding 3 years has been subject to enforcement for violations
  180  of lead-poisoning-prevention statutes, ordinances, rules, or
  181  regulations as specified by the State Surgeon General.
  182         (f) Persons at risk residing, or who have recently resided,
  183  in a room or group of rooms contained in a building whose owner
  184  also owns a building containing affected properties which,
  185  during the preceding 3 years, has been subject to an enforcement
  186  action for a violation of lead-poisoning-prevention statutes,
  187  ordinances, rules, or regulations.
  188         (g) Persons at risk residing in other buildings or
  189  geographical areas in which the State Surgeon General reasonably
  190  determines there is to be a significant risk of affected
  191  individuals having an elevated blood-lead level. a blood-lead
  192  level of 10 ug/dL or greater.
  193         (3) The department State Surgeon General shall maintain
  194  comprehensive records of all screenings indicating an elevated
  195  blood-lead level. conducted pursuant to this section. Such
  196  records shall be indexed geographically and by owner in order to
  197  determine the location of areas of relatively high incidence of
  198  lead poisoning and other elevated blood-lead levels.
  199  
  200  All cases or probable cases of lead poisoning found in the
  201  course of screenings conducted pursuant to this section shall be
  202  reported to the affected individual, to his or her parent or
  203  legal guardian if he or she is a minor, and to the State Surgeon
  204  General.
  205         (4)The results of screenings conducted pursuant to this
  206  section shall be reported by the health care provider who
  207  conducted or ordered the screening to the individual who was
  208  screened, or to the individual’s parent or legal guardian if he
  209  or she is a minor.
  210         Section 6. Paragraph (c) of subsection (1), paragraph (f)
  211  of subsection (3), and subsection (5) of section 383.14, Florida
  212  Statutes, are amended to read:
  213         383.14 Screening for metabolic disorders, other hereditary
  214  and congenital disorders, and environmental risk factors.—
  215         (1) SCREENING REQUIREMENTS.—To help ensure access to the
  216  maternal and child health care system, the Department of Health
  217  shall promote the screening of all newborns born in Florida for
  218  metabolic, hereditary, and congenital disorders known to result
  219  in significant impairment of health or intellect, as screening
  220  programs accepted by current medical practice become available
  221  and practical in the judgment of the department. The department
  222  shall also promote the identification and screening of all
  223  newborns in this state and their families for environmental risk
  224  factors such as low income, poor education, maternal and family
  225  stress, emotional instability, substance abuse, and other high
  226  risk conditions associated with increased risk of infant
  227  mortality and morbidity to provide early intervention,
  228  remediation, and prevention services, including, but not limited
  229  to, parent support and training programs, home visitation, and
  230  case management. Identification, perinatal screening, and
  231  intervention efforts shall begin prior to and immediately
  232  following the birth of the child by the attending health care
  233  provider. Such efforts shall be conducted in hospitals,
  234  perinatal centers, county health departments, school health
  235  programs that provide prenatal care, and birthing centers, and
  236  reported to the Office of Vital Statistics.
  237         (c) Release of screening results.—Notwithstanding any law
  238  to the contrary, the State Public Health Laboratory may release,
  239  directly or through the Children’s Medical Services program, the
  240  results of a newborn’s hearing and metabolic tests or screenings
  241  to the newborn’s health care practitioner, the newborn’s parent
  242  or legal guardian, the newborn’s personal representative, or a
  243  person designated by the newborn's parent or legal guardian. As
  244  used in this paragraph, the term “health care practitioner”
  245  means a physician or physician assistant licensed under chapter
  246  458; an osteopathic physician or physician assistant licensed
  247  under chapter 459; an advanced registered nurse practitioner,
  248  registered nurse, or licensed practical nurse licensed under
  249  part I of chapter 464; a midwife licensed under chapter 467; a
  250  speech-language pathologist or audiologist licensed under part I
  251  of chapter 468; or a dietician or nutritionist licensed under
  252  part X of chapter 468.
  253         (3) DEPARTMENT OF HEALTH; POWERS AND DUTIES.—The department
  254  shall administer and provide certain services to implement the
  255  provisions of this section and shall:
  256         (f) Promote the availability of genetic studies, services,
  257  and counseling in order that the parents, siblings, and affected
  258  newborns may benefit from detection and available knowledge of
  259  the condition.
  260  
  261  All provisions of this subsection must be coordinated with the
  262  provisions and plans established under this chapter, chapter
  263  411, and Pub. L. No. 99-457.
  264         (5) ADVISORY COUNCIL.—There is established a Genetics and
  265  Newborn Screening Advisory Council made up of 15 members
  266  appointed by the State Surgeon General. The council shall be
  267  composed of two consumer members, three practicing
  268  pediatricians, at least one of whom must be a pediatric
  269  hematologist, a one representative from each of the four medical
  270  schools in this the state, the State Surgeon General or his or
  271  her designee, one representative from the Department of Health
  272  representing Children’s Medical Services, one representative
  273  from the Florida Hospital Association, one individual with
  274  experience in newborn screening programs, one individual
  275  representing audiologists, and one representative from the
  276  Agency for Persons with Disabilities. All appointments shall be
  277  for a term of 4 years. The chairperson of the council shall be
  278  elected from the membership of the council and shall serve for a
  279  period of 2 years. The council shall meet at least semiannually
  280  or upon the call of the chairperson. The council may establish
  281  ad hoc or temporary technical advisory groups to assist the
  282  council with specific topics which come before the council.
  283  Council members shall serve without pay. Pursuant to the
  284  provisions of s. 112.061, the council members are entitled to be
  285  reimbursed for per diem and travel expenses. It is the purpose
  286  of the council to advise the department about:
  287         (a) Conditions for which testing should be included under
  288  the screening program and the genetics program.
  289         (b) Procedures for collection and transmission of specimens
  290  and recording of results.
  291         (c) Methods whereby screening programs and genetics
  292  services for children now provided or proposed to be offered in
  293  the state may be more effectively evaluated, coordinated, and
  294  consolidated.
  295         Section 7. This act shall take effect July 1, 2017.