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                                                       PRINTER'S NO. 515

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 491 Session of 1989


        INTRODUCED BY GREENLEAF, SALVATORE, REIBMAN, SHAFFER, HELFRICK,
           ANDREZESKI, REGOLI, AFFLERBACH AND DAWIDA, FEBRUARY 10, 1989

        REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 10, 1989

                                     AN ACT

     1  Amending the act of September 26, 1951 (P.L.1539, No.389),
     2     entitled, as amended, "An act defining clinical laboratory;
     3     regulating the operation of the same; requiring such
     4     laboratories to obtain permits, and to be operated under the
     5     direct supervision of qualified persons; imposing certain
     6     duties upon the Department of Health; and providing
     7     penalties," providing for testing programs for clinical
     8     laboratories.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The act of September 26, 1951 (P.L.1539, No.389),
    12  known as The Clinical Laboratory Act, is amended by adding
    13  sections to read:
    14     Section 11.2.  Testing Programs for Clinical Laboratories.--
    15  The department shall:
    16     1.  Require clinical laboratories to submit periodic reports
    17  of tests performed and prescribe standards for the examination
    18  of specimens, to include determination of the maximum number of
    19  specimens an employe of a laboratory may examine on a daily
    20  basis.
    21     2.  Develop a mandatory proficiency testing program for all

     1  clinical laboratories, including out-of-State laboratories
     2  accepting specimens collected in Pennsylvania, to be
     3  administered by the department at least annually.
     4     Section 11.3.  Quotas Prohibited.--No clinical laboratory
     5  operating under this act shall have a quota system for the
     6  examination of specimens by any of its technicians or other
     7  employes.
     8     Section 2.  Section 14 of the act, amended December 6, 1972
     9  (P.L.1388, No.297), is amended to read:
    10     Section 14.  Penalty.--Any person [operating] who operates a
    11  clinical laboratory without first having obtained a permit from
    12  the Department of Health or [violating] who violates the
    13  provisions of section 11.3 or 13.1 of [the] this act shall, upon
    14  conviction thereof, be sentenced to pay a fine not exceeding
    15  five hundred dollars ($500) or to imprisonment not exceeding one
    16  (1) year, or both.
    17     Section 3.  This act shall take effect in 60 days.









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