S.L. 2013-43 (S 240). Rules for Release of Pathological Materials

S.L. 2013-43 provides for the adoption of statewide rules pertaining to requests for or release of pathological materials.

In 2011, the NC General Assembly considered legislation that would have required hospitals and other health care providers to release pathological materials to patients upon written request. Pathological materials include body fluids and tissue samples, among other things. Opponents of the 2011 legislation expressed concern about the storage and disposal of the materials after their release, and adherence to federal laws that require retention of the materials. Proponents of the legislation expressed concern for patients who need access to the materials for legal proceedings. In 2012, the matter was deferred for further legislative study.

This bill reflects the recommendations of the legislative study committee. It directs both the Division of Health Services Regulation (part of the North Carolina Department of Health & Human Services) and the North Carolina Medical Board to adopt rules governing procedures for requesting and releasing pathological materials. Each agency’s rules will apply to the clinical laboratories within the agency’s jurisdiction. The two agencies are to develop rules in consultation with each other, to ensure consistency in procedures. The agencies are also directed to ensure their rules are consistent with the North Carolina Hospital Association Best Practices Principles and the College of American Pathologists Professional Relations Manual.