Florida Statutes 765.542 – Requirements to engage in organ, tissue, or eye procurement
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(1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to ss. 765.541–765.546 and part II of chapter 408 and to entities licensed or certified by or applying for such licensure or certification from the agency pursuant to ss. 765.541–765.546. A person may not engage in the practice of organ procurement in this state without being designated as an organ procurement organization by the Secretary of the United States Department of Health and Human Services and being appropriately certified by the agency. A physician or organ procurement organization based outside this state is exempt from these certification requirements if:
(a) The organs are procured for an out-of-state patient who is listed on, or referred through, the United Network for Organ Sharing System; and
Terms Used In Florida Statutes 765.542
- Agency: means the Agency for Health Care Administration. See Florida Statutes 765.511
- Department: means the Department of Highway Safety and Motor Vehicles. See Florida Statutes 765.511
- Eye bank: means an entity that is accredited by the Eye Bank Association of America or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human eye tissue. See Florida Statutes 765.511
- Organ procurement organization: means an entity that is designated as an organ procurement organization by the Secretary of the United States Department of Health and Human Services and that engages in the retrieval, screening, testing, processing, storage, or distribution of human organs. See Florida Statutes 765.511
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Physician: means a person licensed pursuant to chapter 458 or chapter 459. See Florida Statutes 765.101
- Procurement: means any retrieval, recovery, processing, storage, or distribution of human organs or tissues for transplantation, therapy, research, or education. See Florida Statutes 765.511
- Procurement organization: means an organ procurement organization, eye bank, or tissue bank. See Florida Statutes 765.511
- Tissue bank: means an entity that is accredited by the American Association of Tissue Banks or otherwise regulated under federal or state law to engage in the retrieval, screening, testing, processing, storage, or distribution of human tissue. See Florida Statutes 765.511
(b) The organs are procured through an agreement of an organ procurement organization certified by the state.
(2) A person may not engage in tissue procurement in this state unless it is appropriately certified as a tissue bank by the agency.
(3) A person may not engage in the practice of eye procurement in this state without being appropriately certified as an eye bank by the agency. Funeral directors or direct disposers who retrieve eye tissue for an eye bank certified under this subsection are exempt from the certification requirements under this subsection.
(4) A limited certificate may be issued to a tissue bank or eye bank, certifying only those components of procurement which the bank has chosen to perform. The agency may issue a limited certificate if it determines that the tissue bank or eye bank is adequately staffed and equipped to operate in conformity with the rules adopted under this section.