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H.B. 437
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7 LONG TITLE
8 General Description:
9 This bill enacts the Phlebotomy Certification Act.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . requires a phlebotomist to be certified;
14 . establishes certification requirements and continuing education requirements for a
15 certified phlebotomist;
16 . grants rulemaking authority to the Division of Occupational and Professional
17 Licensing (DOPL);
18 . requires DOPL to charge a fee to recover the costs of issuing a certification
19 described in this bill; and
20 . describes, and provides penalties for, unlawful or unprofessional conduct.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 58-83-101, Utah Code Annotated 1953
28 58-83-102, Utah Code Annotated 1953
29 58-83-201, Utah Code Annotated 1953
30 58-83-301, Utah Code Annotated 1953
31 58-83-302, Utah Code Annotated 1953
32 58-83-303, Utah Code Annotated 1953
33 58-83-304, Utah Code Annotated 1953
34 58-83-305, Utah Code Annotated 1953
35 58-83-401, Utah Code Annotated 1953
36 58-83-501, Utah Code Annotated 1953
37 58-83-502, Utah Code Annotated 1953
38 58-83-503, Utah Code Annotated 1953
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40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 58-83-101 is enacted to read:
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44 58-83-101. Title.
45 This chapter is known as the "Phlebotomy Certification Act."
46 Section 2. Section 58-83-102 is enacted to read:
47 58-83-102. Definitions.
48 As used in this chapter:
49 (1) "Certified phlebotomist" means an individual who is certified by the division under
50 this chapter to practice phlebotomy.
51 (2) "Phlebotomist" means an individual who practices phlebotomy.
52 (3) "Phlebotomy" means the practice of withdrawing blood from the human body
53 through an invasive procedure for a medical purpose, including:
54 (a) collecting samples for the practice of:
55 (i) clinical laboratory testing and analysis; or
56 (ii) typing and cross-matching of blood; or
57 (b) transfusion.
58 Section 3. Section 58-83-201 is enacted to read:
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60 58-83-201. Phlebotomy Certification Advisory Board.
61 The division shall notify the Health and Human Services Interim Committee if it
62 determines that there is a need to create, by statute, a Phlebotomy Certification Advisory
63 Board.
64 Section 4. Section 58-83-301 is enacted to read:
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66 58-83-301. Certification.
67 The division shall issue to a person who qualifies under this chapter a certificate as a
68 certified phlebotomist.
69 Section 5. Section 58-83-302 is enacted to read:
70 58-83-302. Qualifications for certification.
71 A person qualifies as a certified phlebotomist if the person:
72 (1) is a high school graduate or has a general equivalency diploma;
73 (2) has successfully completed at least 80 hours of training in phlebotomy, in a
74 program approved by the division;
75 (3) passes an examination approved by the division that establishes the person's
76 competency to practice phlebotomy; and
77 (4) pays the fee described in Section 58-83-304 .
78 Section 6. Section 58-83-303 is enacted to read:
79 58-83-303. Term of certification -- Expiration -- Renewal.
80 (1) The division shall issue each certification under this chapter in accordance with a
81 two-year renewal cycle established by rule.
82 (2) The division may, by rule, extend or shorten a renewal cycle by as much as one year
83 to stagger the renewal cycles described in Subsection (1).
84 (3) Each certification automatically expires on the expiration date shown on the
85 certification, unless the certified phlebotomist renews the certification in accordance with
86 Subsection 58-1-308 .
87 Section 7. Section 58-83-304 is enacted to read:
88 58-83-304. Fee -- Rulemaking authority.
89 (1) The division may charge a fee, established under Section 63J-1-504 , to recover the
90 costs of issuing the certificate described in Section 58-83-301 .
91 (2) The division may make rules, pursuant to Title 63G, Chapter 3, Utah
92 Administrative Rulemaking Act, to accomplish the requirements of this chapter.
93 Section 8. Section 58-83-305 is enacted to read:
94 58-83-305. Continuing education.
95 As a condition for renewal of a certification under this part, a certified phlebotomist
96 shall, during each two-year certification, complete qualified continuing professional education,
97 as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
98 Rulemaking Act.
99 Section 9. Section 58-83-401 is enacted to read:
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101 58-83-401. Grounds for denial of certification -- Disciplinary proceedings.
102 Grounds for refusing to issue a certification to an applicant, for refusing to renew the
103 certification of a certified phlebotomist, for revoking, suspending, restricting, or placing on
104 probation the certification of a phlebotomist, for issuing a public or private reprimand to a
105 certified phlebotomist, and for issuing a cease and desist order shall be in accordance with
106 Section 58-1-401 .
107 Section 10. Section 58-83-501 is enacted to read:
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109 58-83-501. Unlawful conduct.
110 In addition to the definition in Subsection 58-1-501 (1), "unlawful conduct" includes:
111 (1) representing or holding oneself out as a certified phlebotomist when not certified
112 under this chapter;
113 (2) engaging in the practice of phlebotomy, unless the person:
114 (a) is a certified phlebotomist;
115 (b) is certified or licensed under this title to practice in a profession that includes, in the
116 scope of practice of the profession, the practice of phlebotomy;
117 (c) practices phlebotomy, under federal law, in:
118 (i) the United States armed services;
119 (ii) the United States Public Health Service; or
120 (iii) the Veteran's Administration; or
121 (d) (i) is certified or licensed as a phlebotomist in:
122 (A) a state, district, or territory of the United States, other than Utah; or
123 (B) a country other than the United States; and
124 (ii) (A) is teaching, demonstrating, or practicing phlebotomy in connection with an
125 educational seminar, if the person engages in this conduct in Utah no more than 60 days per
126 calendar year; or
127 (B) is practicing phlebotomy directly related to the person's employment with, or
128 contract with, an established athletic team, athletic organization, or performing arts company
129 that plays, practices, competes, or performs in Utah no more than 60 days per calendar year; or
130 (3) representing oneself as, or using the title of, a phlebotomist, unless the person is:
131 (a) a certified phlebotomist; or
132 (b) (i) certified or licensed as a phlebotomist in a jurisdiction other than Utah; and
133 (ii) does not represent oneself as being a phlebotomist who is certified in Utah.
134 Section 11. Section 58-83-502 is enacted to read:
135 58-83-502. Penalty for unlawful conduct.
136 A person who violates the unlawful conduct provisions described in Section 58-83-501
137 is guilty of a class A misdemeanor.
138 Section 12. Section 58-83-503 is enacted to read:
139 58-83-503. Unprofessional conduct.
140 "Unprofessional conduct" includes:
141 (1) conduct that is detrimental to the interests of the public;
142 (2) willful or negligent disclosure of confidential information about which the certified
143 phlebotomist becomes knowledgeable as a result of, or incidental to, the certified
144 phlebotomist's practice as a certified phlebotomist;
145 (3) false or deceptive representation of a certified phlebotomist's skills, competence,
146 capability, or resources as a certified phlebotomist;
147 (4) offering, undertaking, or agreeing to undertake an assignment as a certified
148 phlebotomist for which the certified phlebotomist is not qualified or which the certified
149 phlebotomist cannot complete as agreed in a professional manner;
150 (5) the use of any chemical, drug, or alcohol in any unlawful manner or in any manner
151 which negatively affects the ability of the certified phlebotomist to competently practice as a
152 certified phlebotomist;
153 (6) willfully and intentionally making any false or fraudulent interpretation, statement,
154 or representation in the performance of the certified phlebotomist's duties;
155 (7) any conduct contrary to the recognized standards and ethics of the profession of a
156 certified phlebotomist;
157 (8) gross incompetence in practice as a certified phlebotomist;
158 (9) violation of any provision of this chapter or rules made to regulate the practice of
159 phlebotomy; or
160 (10) conviction of a felony or any other crime that is considered by the division to
161 represent activity detrimental to the public interest as that interest is reflected in the person
162 continuing to practice as a certified phlebotomist.
Legislative Review Note
as of 2-11-10 11:33 AM