Senate Bill sb1582

    Florida Senate - 2003                                  SB 1582

    By Senator Saunders





    37-1087-03

  1                      A bill to be entitled

  2         An act relating to blood establishments;

  3         defining the term "blood establishment";

  4         requiring that a blood establishment hold and

  5         maintain a valid, current license in order to

  6         operate in the state; declaring a blood

  7         establishment that is operating without the

  8         required designation by a federal governmental

  9         authority a nuisance; authorizing the Agency

10         for Health Care Administration or any state

11         attorney to bring an action for injunction to

12         cease operations or enjoin future operations of

13         any blood establishment that does not have the

14         proper federal governmental authority;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Blood establishments.--

20         (1)  As used in this section, the term "blood

21  establishment" means any person, entity, or organization,

22  operating within the state that examines an individual for the

23  purpose of blood donation, or that collects, processes,

24  stores, tests, or distributes blood or blood components

25  collected from the human body for the purpose of transfusion,

26  for any other medical purpose, or for the production of any

27  biological product, and that is required to be regulated or is

28  regulated by the federal Food and Drug Administration or other

29  federal governmental authority.

30         (2)  Any blood establishment operating in the state may

31  not conduct any activity defined in subsection (1) unless that

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1582
    37-1087-03




  1  blood establishment holds and maintains a valid and current

  2  license, certification, registration, or other such

  3  designation required by the Food and Drug Administration or

  4  other federal governmental authority.

  5         (3)  Any blood establishment determined to be operating

  6  in the state without authorization as described within this

  7  section, is in violation of this section and shall immediately

  8  cease all operations in the state.

  9         (4)  The operation of a blood establishment without the

10  required designation by the federal Food and Drug

11  Administration or other federal governmental authority is

12  declared a nuisance and inimical to the public health,

13  welfare, and safety. The Agency for Health Care Administration

14  or any state attorney may bring an action for an injunction to

15  restrain such operations or enjoin the future operation of the

16  blood establishment.

17         Section 2.  This act shall take effect July 1, 2003.

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20                          SENATE SUMMARY

21    Defines the term "blood establishment". Provides that a
      blood establishment must hold and maintain a valid,
22    current license in order to maintain operation in the
      state of Florida. Declares a blood establishment that is
23    operating without the required designation by a federal
      governmental authority a nuisance. Authorizes the Agency
24    for Health Care Administration or any state attorney to
      bring an action for injunction to cease operations or
25    enjoin future operations of any blood establishment that
      does not have the proper federal governmental authority.
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CODING: Words stricken are deletions; words underlined are additions.