HB 238

Under existing law, medical professionals are required to submit materials relating to testing for certain diseases to the Department of Public Health and the State Health Officer under certain circumstances

This bill would require laboratories to submit isolates or additional clinical materials to the Department of Public Health in certain cases of suspected disease and would also allow the State Board of Health to establish a reasonable schedule of fees to be charged for services rendered by the Bureau of Clinical Laboratories

Relating to public health; to amend Sections 22-11A-4 and 22-11A-40, Code of Alabama 1975, to require laboratories to submit isolates or additional clinical materials to the Department of Public Health in certain cases of suspected disease; and to add Section 22-11A-42 to the Code of Alabama 1975, to authorize the State Board of Health to set a reasonable schedule of fees for services rendered by the Bureau of Clinical Laboratories.

Section 1

Sections 22-11A-4 and 22-11A-40, Code of Alabama 1975, are amended to read as follows:

§22-11A-4.

(a) For purposes of this section, the following terms have the following meanings:

(1) CLINICAL MATERIALS. Means either of the following:

a. A clinical isolate that contains or that may contain an infectious agent of public health importance.

b. Material that contains or that may contain an infectious agent of public health importance, if an isolate is not available, in the following order of preference:

1. A patient specimen.

2. Nucleic acid.

3. Other laboratory material.

(2) PROVIDER OF MEDICAL SERVICES. A physician, hospital, laboratory, or other medical facility or medical professional that renders medical care relating to treatment of possible or confirmed cases of public health importance.

(b) Any physician, hospital, laboratory, or other A provider of medical services having that is currently rendering or that has rendered treatment, care, diagnostic services, or laboratory services to any person suspected of having a notifiable disease or health condition shall make his or its records on that individual readily available provide all records relating to its performance of treatment, care, diagnostic services, or laboratory services for that person to the State Health Officer or his or her designee upon request.

(c) Any laboratory at which testing of clinical materials results in a suspected or positive finding of public health importance shall forward those clinical materials to the Bureau of Clinical Laboratories of the Department of Public Health.

(d) The Department of Public Health shall adopt rules necessary for the implementation and enforcement of this section.

§22-11A-40.

(a) All laboratory tests Prior to the administration of any laboratory test for acquired immune deficiency syndrome (AIDS) or like test for viruses that lead to the development of AIDS or any other notifiable disease that may be designated by the State Board of Health, shall be a test approved by the board. When approving such test the Board of Health board shall develop administer a proficiency testing program necessary to ascertain the qualifications and competency of the personnel conducting the test.

The State Board of Health is authorized to charge a reasonable fee to offset the cost of the proficiency testing program. All fees collected shall be deposited to the credit of the State Board of Health for the purpose of carrying out the provision of Chapter 11A of Title 22.

(b) Any laboratory or laboratory personnel thereof who reports the test results of any of the diseases referenced in this section, when performed by any methods or procedures not approved by the Board of Health board, shall be guilty of a Class C misdemeanor."

Section 2

Section 22-11A-42 is added to the Code of Alabama 1975, to read as follows: §22-11A-42. The State Board of Health may set a reasonable schedule of fees for services rendered by the Bureau of Clinical Laboratories of the State Board of Health. All fees collected shall be deposited to the credit of the State Board of Health for the purpose of carrying out this chapter.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.