| Laws and Rules of the Florida Board As a clinical laboratory science worker in the state of Florida, you are bound by several sets of laws designed to protect you, your employer, and patients of the facility in which you work.
This program summarizes the major pieces of legislation that govern Clinical Laboratory Science in Florida and explain how these laws affect you at your job. These are Chapter 483, Part III Florida Statutes and Rules: Chapter 64B3, Florida Administrative Code.
Important: This course is only a brief summary of Florida legislation. While every effort has been taken to include all relevant laws and requirements, we encourage you to review the complete legislation, available at http://www.doh.state.fl.us/mqa/ClinLab/clp_statutes.html. | View Page |
| Your Role As a clinical laboratory worker, your role is vital in the health care process. You provide information to doctors, nurses, and healthcare organizations that is vital to proper patient care.
Because your role is so important, you must be properly qualified, trained, and licensed for your position. You must also keep up with the latest laboratory techniques and developments by fulfilling continuing education requirements. And you are bound by a code of ethics, which ensures that patient results are accurate, reliable, and free from error and bias. | View Page |
| The Board of Clinical Laboratory Personnel The Board of Clinical Laboratory Personnel oversees clinical laboratory affairs in the state of Florida.
The Board's seven members are appointed by the Governor of Florida to serve four-year terms. At least five of the seven members must be licensed clinical laboratory practitioners.
The Board has the authority to:Establish rules for clinical laboratory scienceSet the necessary qualifications for clinical laboratory science personnel, including higher education, training programs, and examinations administered by the BoardOversee clinical laboratory training program and continuing education providersIssue licenses to clinical laboratory personnelCollect fees for licensing, license renewals, and delinquent licensesEnforce penalties, including license suspension and fines up to $10,000, for violations of Board rules governing ethics in clinical laboratory science | View Page |
| Public health laboratory scientists Public health laboratory scientists are also regulated by the Board.
The table below outlines the various requirements for applicants to receive licensure for a public health laboratory.
Public Health Laboratory RequirementsDirectorFulfill the same requirements as a clinical laboratory directorSupervisorBe certified by National Registry in Clinical Chemistry or American Society for MicrobiologyBe licensed as a technologistHave five year's relevant experiencePass the state examTechnician (microbiology)Have a Bachelor's degree in one of the biological sciencesObtain American Society for Microbiology or the National Registry in Microbiology Certification in Public Health Microbiology
Technician (chemistry)Have a Bachelor's degree in one of the chemical, biological, or physical sciencesObtain National Registry of Clinical Chemistry Certification in Public Health ChemistryTechnician (conditional)Have a Bachelor's degree in one of the chemical or biological sciencesPerform tests only under the direct supervision of a licensed pathologist, director, supervisor, or technologist.Receives a conditional two-year license, which may be renewed only once
A license from the Board of Clinical Laboratory Personnel allows you to work in a public health laboratory at the same level and specialty. | View Page |
| Clinical laboratory personnel license To practice as a clinical laboratory scientist in the state of Florida, you must have an appropriate Florida license. Without a license, you cannot conduct clinical laboratory examinations or report test results.
You do not need a Florida license to work in:Laboratories run by the federal government.Labs that perform only waived testing.Labs run exclusively for research and teaching purposes that do not report patient results.These laboratories may have other licensing and training requirements. | View Page |
| Applying for a new license To obtain a clinical laboratory personnel license, if you meet the requirements, you'll need to complete forms provided by the Department of Clinical Laboratory Science and pay the application fee ($100 as of 12/29/2005).
Applications are available online at http://www.doh.state.fl.us/mqa/.
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| Renewal of clinical laboratory personnel license Licenses must be renewed every two years. To have your license renewed, you must show documentation that you have met competency and continuing education requirements and paid the renewal fee, which varies by license type:
Director: $150Supervisor: $143Technologist: $121Technician: $82
Part of renewing your license is demonstrating your competency. This is done by completing Board-approved continuing education programs (such as this one). Depending on your license type, you'll have at least 24 hours of continuing education for each renewal period (two years). You'll find more information about this in the next section. | View Page |
| Inactive status If you move out of state or decide to not practice clinical laboratory science in Florida, you can put your license on inactive status by filling out the necessary forms. You won't have to complete continuing education requirements and pay renewal fees while you're not using your license.
When you return to active practice in Florida, you can apply to have your license reactivated. You'll have to take up to 15 hours of continuing education per year that your license was inactive (up to 65 hours for all inactive years total), to make sure you're up-to-date on new techniques and technology. | View Page |
| Penalties for violations Committing any violation listed on the prior pages carries severe penalties. An individual's clinical laboratory license can be put on probation or permanently revoked, and fines can range from $300 to $10,000 per offence. A license can also be put on probation, meaning the individual may continue to practice but under limited circumstances.
In addition, some violations listed in the previous pages carry criminal charges. These include:
Felonies (3rd degree)Practicing as clinical laboratory personnel without an active license Using a suspended or revoked license to practiceAttempting to obtain a license by misrepresentationMisdemeanors (1st degree)Concealing information relating to violations on the preceding pagesLying to the BoardMisrepresenting one's self as a licensed clinical laboratory practitioner | View Page |
| Current Address You are required to keep a valid address on file with the Board of Clinical Laboratory Science. If you move, even outside Florida, notify the Board of your new address. | View Page |
| Supervisor Qualifications Meets one of the following:Doctoral degree in chemical science, biological science, clinical laboratory science, or medical technology + one year of lab experienceMaster's degree in chemical science, biological science, clinical laboratory science, or medical technology + three years of lab experienceBachelor's degree + five years of lab experience, of which two must have been as a technologistLicensed as a technologist or meets the requirementsMeets one of the following:Passes a Board-certified examCompletes 25 hours of continuing education in administration and supervisionCompletes one hour of HIV / AIDS continuing educationCompletes two hours of medical errors continuing education | View Page |
| Technologist Qualifications Meets one of the following:Bachelor's degree in clinical laboratory, chemical or biological science plus:Completion of a medical technologist training program ORThree years of laboratory experience, at least one of which must be in the applied-for specialtyAssociate's degree plus:Florida technician's license and completion of a technician level medical laboratory training program ORFive years of laboratory experience, at least one of which must be in the applied-for specialtyPasses an examination in one or more specialtiesCompletes one hour of HIV / AIDS continuing educationCompletes two hours of medical errors continuing education | View Page |
| Categories for Specialties When you apply for a license at any level, you must indicate one or more specialties. Each specialty has slightly different requirements, including which exams you can use to qualify for licensure. You can later add more specialties to your license by taking the appropriate exam.
The following is a partial list of specialties available to clinical laboratory personnel:
MicrobiologySerology / ImmunologyChemistry HematologyImmunohematologyRadioassay HistocompatibilityBlood BankingBlood Gas AnalysisCytologyCytogenetics HistologyMolecular PathologyAndrologyEmbryology | View Page |
| Director Qualifications A physician may direct a clinical laboratory without a director's license if he / she is certified in clinical pathology by a national board and has at least four years of relevant experience.
Non-physicians may obtain a director's license if he / she:Holds a doctor's degree in chemical, biological, or clinical laboratory scienceIs certified in one of the laboratory specialties by a national boardPasses an exam in supervision and administrationCompletes one hour of HIV / AIDS continuing educationCompletes two hours of medical errors continuing education
A director can oversee up to five laboratories.
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| Delinquent licenses If a license is not renewed or placed on inactive status before the expiration date, it is considered delinquent. The license holder can remedy this by paying the delinquency fee and fulfilling continuing education requirements within two years. If this is not done, the license will be cancelled, and the former license holder will have to reapply for a license to work in a clinical laboratory in the future. | View Page |
| Types of licenses Clinical laboratory personnel licenses are divided into four types: director, supervisor, technologist, and technician. Each type has different roles, responsibilities, qualifications, and continuing education requirements. When you apply for a license, you must apply for one of these four types.
All licensed clinical laboratory personnel are permitted to collect, process, store, and ship specimens and perform manual testing procedures. Directors, supervisors, and technologists are permitted to interpret and report test results.
In addition, each license is valid for one or more specialties. Clinical laboratory personnel are only permitted to conduct testing that falls under their specialty. Specialties include microbiology, chemistry, blood banking, immunology / serology, and more. A full list will be presented later in this program. | View Page |
| Continuing Education Requirements for Renewal All licensed clinical laboratory personnel must earn at least 24 hours of continuing education credits every two years. These continuing education hours must be completed by time your license.
Continuing education requirements include:At least one hour for each specialty for which you are licensedA two-hour course on medical errorsA one-hour course on laws and rules of the Florida Board (this course)A one-hour course in administration and supervision (directors and supervisors only)If you have just received your license, you do not need to complete this continuing education requirement during the first two-year period of your license, except for courses that may be required by your specialty. | View Page |
| License on probation An individual whose license that has been put on probation for violating the laws of the Board may be subject to any or all of the following requirements, as assigned by the Board: Practice only under direct supervision of a licensed clinical laboratory personBe reviewed on a quarterly basis by his / her supervisor, with reports submitted to the BoardSubmit a personal quarterly report to the Board describing the individual's progressComplete additional continuing education requirementsConsult a psychiatristNot consume alcohol or use any controlled or illegal substancesAttend AA or NA meetings weeklyUndergo and pay for random drug testingPay an administrative fineFailure to comply with all conditions of the probation will mean that the individual's license will be suspended or revoked. | View Page |
| Director Responsibilities A clinical laboratory director is responsible for the overall administration of the clinical laboratory. Responsibilities include:Hiring other laboratory personnelOverseeing performance and reporting of accurate test resultsVerifying the laboratory's compliance with federal and state lawDelegating certain administrative duties to supervisorsBeing available for on-site, telephone, or e-mail consultationEnsuring that test methods and procedures, quality control, and verification methods provide reliable and accurate resultsEnsuring compliance with quality control and quality assurance programsMonitoring laboratory employees and identify those who need remedial trainingSelecting which tests the laboratory offers and which employees may perform themEstablishing and maintaining patient identification and billing procedures | View Page |
| More Information and Web Links The complete Florida statues summarized by this program can be found at the following sites:
List of relevant statuteshttp://www.doh.state.fl.us/mqa/ClinLab/clp_statutes.htmlFlorida Statutes, Chapter 483, Part III: Clinical Laboratory Personnelhttp://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0483/part03.htm&StatuteYear=2005&Title=%2D%3E2005%2D%3EChapter%20483%2D%3EPart%20IIIRules: Chapter 64B3, Florida Administrative Codehttp://fac.dos.state.fl.us/faconline/chapter64.pdfCEBroker (Florida's official Continuing Education site)http://www.cebroker.comMQA (license application and renewal information and forms)http://www.doh.state.fl.us/mqa/index.html | View Page |
| Competency and Licensing Violations Clinical laboratory personnel must be licensed and competent to perform their duties. This means holding the appropriate type of license for the task being performed (director, supervisor, technologist, or technician) and being certified in the appropriate specialty for any testing being performed. For example, an individual licensed as a technician in hematology may not perform the duties of a technologist in hematology, nor may that individual perform testing in the microbiology specialty.
Showing a lack of competence to perform even licensed duties is a violation of Board rules. Consistent errors can tarnish a laboratory's reputation, and even a single error can harm patient care. Licensed personnel must be certain that they can perform their duties accurately and competently.
All of the following are violations of Board rules:Performing clinical duties for which one does not hold a license.Performing services one knows one is not competent to perform.Showing lack of competence or making consistent errors in testing or reporting.Having a license revoked or suspended in another state. | View Page |
| Advertisement and Report Violations Dishonesty to the Board, patients, and clients is a violation of Board rules. A clinical laboratory personnel license must be obtained with truthful information, or it can be immediately revoked. All services and tests must be advertised truthfully. Test results may only be reported for tests actually performed, and then reported only to individuals authorized to receive these results.
Some of these violations can carry civil and criminal legal penalties, depending on the severity:Attempting to obtain or renewal a license through bribery or misrepresentation.Advertising false claims, services, or credentials.Filing false reports or records.Reporting test results when no test was performed.Performing testing and giving report results to an unauthorized person. | View Page |
| Capability Violations The accuracy and safety of patient testing depends on the capability and honesty of clinical laboratory personnel.
If an individual's ability to perform testing is influenced by illness, injury, drug use (legal and illegal), or alcohol use, he or she may no longer practice. The Board can order a doctor's exam to determine if illness, injury, drugs, or alcohol is a factor. The individual can get his / her license back after recovery and proving that the condition is no longer a problem.
If an individual commits a crime in any state relating to matters of honesty (such as filing false reports or advertising false services), that individual's Florida license may be suspended.
Other licensed personnel who know that an individual is practicing despite being under the influence of drugs or alcohol, is physically or mentally incapable, has been convicted of a lab-related crime, or is not competent to perform his / her duties are required to report the individual to the Board.
The following are violations of Board rules:Continuing to practice after becoming unable to safely perform testing because of illness or use of alcohol or drugs, or another mental or physical condition.
Continuing to practice after being judged mentally or physically incapable.Being convicted of any crime relating to activities of clinical laboratory science or involving dishonesty or lack of morals.
Failing to report to the Board that one has been convicted of a crime (as listed above), been judged mentally or physically incapable, or had a licensed revoked in another state.
Knowingly allow an unqualified person to perform clinical laboratory duties.
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| Disciplinary Violations Licensed clinical laboratory personnel are required to follow all laws and rules of the Board, orders of the Board relating to disciplinary action, and must be truthful and helpful in the event of an investigation.
The following are violations of Board rules:Violating a previous Board order relating to disciplinary action.Misrepresenting or hiding facts during licensing, renewal, or disciplinary procedures.Interfering with investigations into disciplinary violations.
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| Rules Violations Clinical laboratory personnel are extremely important in patient care. Physicians and patients must trust that all reports and test results provided by clinical laboratory personnel were obtained by competent, licensed individuals who are free from bias.
The Board of Clinical Laboratory Science has strict rules regarding clinical laboratory personnel. A violation of these rules can result in fines, suspension, or even criminal and civil legal penalties. Please pay carefully attention to the next several pages, which cover these violations. | View Page |
| Summary of Qualifications The table below summarizes the qualifications for the four types of clinical laboratory personnel licenses.
DirectorPhysician certified in clinical pathology OR Non-physician with: Doctoral degreeCertification in a lab specialtyCompleted course on administrationContinuing education in HIV/AIDS and medical errorsSupervisorOne of the following:Doctoral degree + 1 year experienceMaster's degree + 3 years experienceBachelor's degree + 5 years experienceLicensed as a technologist or meets the requirementsOne of the following:Completed course on administration25 hours of CE in administrationCE in HIV / AIDS and medical errors.TechnologistOne of the following:Bachelor's degree + medical technologist training program OR 3 years experienceAssociate's degree + Florida technician's license and completion of a medical laboratory training program OR 5 years experienceCompleted exam in 1+ specialtiesCE in HIV / AIDS and medical errorsTechnicianMeets one of the following:Completed medical lab technology training programHigh school or equivalency diploma + 5 years experienceAssociate's degree + 4 years experienceBachelor's degree + 3 years experienceBachelor's degree in medical technologyCompleted exam (certain specialties only)CE in HIV / AIDS and medical errors | View Page |
| Which of the following is NOT a responsibility of a clinical laboratory director? | View Page |
| Which of the following is NOT a responsibility of a clinical laboratory supervisor? | View Page |
| How often must clinical laboratory personnel licenses be renewed? | View Page |
| Which is not a type of Florida clinical laboratory license? | View Page |
| You cannot work in a clinical laboratory unless you have a four-year college degree. | View Page |
| Specialists in clinical chemistry may perform blood banking testing. | View Page |
| How many hours of continuing education, at a minimum, are required for renewal of your clinical laboratory license? | View Page |
| Which of the following continuing education courses are required for ALL new clinical laboratory supervisors, technologists, and technicians? | View Page |
| The major pieces of legislation that govern clinical laboratory science in Florida are: | View Page |