Bill Text: AZ HB2645 | 2015 | Fifty-second Legislature 1st Regular | Chaptered

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Bill Title: Laboratory testing; without order

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-04-06 - Chapter 222 [HB2645 Detail]

Download: Arizona-2015-HB2645-Chaptered.html

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Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

First Regular Session

2015

 

 

 

CHAPTER 222

 

HOUSE BILL 2645

 

 

AN ACT

 

Amending section 36‑466, Arizona Revised Statutes; Amending title 36, chapter 4.1, article 2, Arizona Revised Statutes, by adding section 36‑468; relating to clinical laboratories.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-466, Arizona Revised Statutes, is amended to read:

START_STATUTE36-466.  Advisory committee on clinical laboratories; membership; duties

A.  The advisory committee on clinical laboratories is established consisting of the following members:

1.  Four physicians who are licensed pursuant to title 32, chapter 13 or 17 and who are actively engaged in the practice of medicine.  The director shall appoint these members.

2.  Two physicians who are licensed pursuant to title 32, chapter 13 or 17 and who are employed by a clinical laboratory as pathologists.  The director shall appoint these members.

3.  The director or the director's designee.

B.  The committee shall:

1.  Annually select a chairperson and vice‑chairperson from among its members.

2.  Advise the department in developing a list of direct access tests. The department shall make the list of direct access tests available to the public.

3.  2.  Advise the department on the use and renewal of standing orders.

4.  3.  Conduct regular meetings at the call of the chairperson or a majority of the committee members.

C.  The department's designation of a test as a direct access test does not require that the test be covered by a health insurance plan or product pursuant to title 20 or by any program administered by the Arizona health care cost containment system administration pursuant to chapter 29 of this title.

D.  C.  The department shall adopt rules based on the recommendations of the advisory committee.

E.  D.  Committee members are not eligible to receive compensation or reimbursement of expenses.

F.  E.  The department shall provide necessary staff services to the committee.

G.  F.  The appointed committee members serve three‑year terms.

H.  For the purposes of this section, "direct access tests" means tests that may be obtained without a physician referral including tests that have been granted waived status under the federal clinical laboratory improvement amendments of 1988 (P.L. 100‑518).  Direct access tests do not include tests that are required to be reported to this state for public health and safety reasons. END_STATUTE

Sec. 2.  Title 36, chapter 4.1, article 2, Arizona Revised Statutes, is amended by adding section 36-468, to read:

START_STATUTE36-468.  Laboratory testing without health care provider's order; results; report; duty of care; liability; definition

A.  A person may obtain any laboratory test from a licensed clinical laboratory on a direct access basis without a health care provider's request or written authorization if the laboratory offers that laboratory test to the public on a direct access basis without a health care provider's request or written authorization.

B.  If a laboratory test of a person is conducted by or under the supervision of a person other than a health care provider and not at the request or with the written authorization of a health care provider, any report of the test results shall be provided by the person conducting the test to the person who was the subject of the test.  The report shall state in bold type that it is the responsibility of the person who was tested to arrange with the person's health care provider for consultation and interpretation of the test results.

C.  A health care provider's duty of care to a patient does not include any responsibility to review or act on the laboratory test results of a patient if the health care provider did not request or authorize the laboratory test.  A health care provider is not subject to liability or disciplinary actions for the failure to review or act on the results of a laboratory test of any patient if the health care provider did not request or authorize the laboratory test.

D.  A Clinical laboratory may not submit a claim for reimbursement from a third‑party payor for any laboratory test conducted without a health care provider's request or written authorization.

E.  This section does not require that a laboratory test be covered by a health insurance plan or product pursuant to title 20 or by any program administered by the Arizona health care cost containment system administration pursuant to chapter 29 of this title.

F.  For the purposes of this section, "health care provider" means a person who is licensed pursuant to title 32 and who is authorized to order laboratory testing. END_STATUTE

Sec. 3.  Rulemaking; exemption

The department of health services shall amend or adopt rules to address the changes in direct access laboratory testing as enacted by this act.  For this purpose, the department is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.

 

 

 

APPROVED BY THE GOVERNOR APRIL 6, 2015.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 7, 2015.