§ 263a. Certification of laboratories
(a) ‘‘Laboratory’’ or ‘‘clinical laboratory’’ defined
As used in this section, the term ‘‘laboratory’’
or ‘‘clinical laboratory’’ means a facility for the
biological, microbiological, serological, chem-
ical, immuno-hematological, hematological, bio-
physical, cytological, pathological, or other ex-
amination of materials derived from the human
body for the purpose of providing information
for the diagnosis, prevention, or treatment of
any disease or impairment of, or the assessment
of the health of, human beings.
(b) Certificate requirement
No person may solicit or accept materials de-
rived from the human body for laboratory exam-
ination or other procedure unless there is in ef-
fect for the laboratory a certificate issued by
the Secretary under this section applicable to
the category of examinations or procedures
which includes such examination or procedure.
(c) Issuance and renewal of certificates
(1) In general
The Secretary may issue or renew a certifi-
cate for a laboratory only if the laboratory
meets the requirements of subsection (d).
(2) Term
A certificate issued under this section shall
be valid for a period of 2 years or such shorter
period as the Secretary may establish.
(d) Requirements for certificates
(1) In general
A laboratory may be issued a certificate or
have its certificate renewed if—
(A) the laboratory submits (or if the lab-
oratory is accredited under subsection (e),
the accreditation body which accredited the
laboratory submits), an application—
(i) in such form and manner as the Sec-
retary shall prescribe,
(ii) that describes the characteristics of
the laboratory examinations and other
procedures performed by the laboratory in-
cluding—
(I) the number and types of laborat
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Stable record: federal_law:legal_authorities:uscode2024_262be397c379c77f9948c5f8 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-263a-certification-of-laboratories--26c616b360.md Pages: Not recorded – Not recorded Passage SHA-256: deea44be26b04e0d32a4fa2cbebdbb3987d22286bc61a67f49cfb45141268647 Retained source evidence SHA-256: d321739c4ab3681c91da48eb6c532f3a086f4be83ca5b9efaa242ecbd16ba99a
Page 477
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a
(B) information related to development
programs for biological products, including
biosimilar biological products and inter-
changeable biosimilar biological products
and relevant clinical considerations for pre-
scribers, which may include, as appropriate
and applicable, information related to the
comparability of such biological products;
(C) an explanation of the process for re-
porting adverse events for biological prod-
ucts, including biosimilar biological prod-
ucts and interchangeable biosimilar biologi-
cal products; and
(D) an explanation of the relationship be-
tween biosimilar biological products and
interchangeable biosimilar biological prod-
ucts licensed under section 262(k) of this
title and reference products (as defined in
section 262(i) of this title), including the
standards for review and licensing of each
such type of biological product.
(3) Format
The educational materials provided under
paragraph (1) may be—
(A) in formats such as webinars, con-
tinuing education modules, videos, fact
sheets, infographics, stakeholder toolkits, or
other formats as appropriate and applicable;
and
(B) tailored for the unique needs of health
care providers, patients, caregivers, and
other audiences, as the Secretary deter-
mines appropriate.
(4) Other information
In addition to the information described in
paragraph (2), the Secretary shall continue to
publish—
(A) the action package of each biological
product licensed under subsection (a) or (k)
of section 262 of this title; or
(B) the summary review of each biological
product licensed under subsection (a) or (k)
of section 262 of this title.
(5) Confidential and trade secret information
This subsection does not authorize the dis-
closure of any trade secret, confidential com-
mercial or financial information, or other
matter described in section 552(b) of title 5.
(b) Continuing education
The Secretary shall advance education and
awareness among health care providers regard-
ing biological products, including biosimilar bi-
ological
products
and
interchangeable
bio-
similar biological products, as appropriate, in-
cluding by developing or improving continuing
education programs that advance the education
of such providers on the prescribing of, and rel-
evant clinical considerations with respect to, bi-
ological products, including biosimilar biologi-
cal products and interchangeable biosimilar bio-
logical products.
(July 1, 1944, ch. 373, title III, § 352A, as added
Pub. L. 117–8, § 2, Apr. 23, 2021, 135 Stat. 254.)
SUBPART 2—CLINICAL LABORATORIES
§ 263a. Certification of laboratories
(a) ‘‘Laboratory’’ or ‘‘clinical laboratory’’ defined
As used in this section, the term ‘‘laboratory’’
or ‘‘clinical laboratory’’ means a facility for the
biological, microbiological, serological, chem-
ical, immuno-hematological, hematological, bio-
physical, cytological, pathological, or other ex-
amination of materials derived from the human
body for the purpose of providing information
for the diagnosis, prevention, or treatment of
any disease or impairment of, or the assessment
of the health of, human beings.
(b) Certificate requirement
No person may solicit or accept materials de-
rived from the human body for laboratory exam-
ination or other procedure unless there is in ef-
fect for the laboratory a certificate issued by
the Secretary under this section applicable to
the category of examinations or procedures
which includes such examination or procedure.
(c) Issuance and renewal of certificates
(1) In general
The Secretary may issue or renew a certifi-
cate for a laboratory only if the laboratory
meets the requirements of subsection (d).
(2) Term
A certificate issued under this section shall
be valid for a period of 2 years or such shorter
period as the Secretary may establish.
(d) Requirements for certificates
(1) In general
A laboratory may be issued a certificate or
have its certificate renewed if—
(A) the laboratory submits (or if the lab-
oratory is accredited under subsection (e),
the accreditation body which accredited the
laboratory submits), an application—
(i) in such form and manner as the Sec-
retary shall prescribe,
(ii) that describes the characteristics of
the laboratory examinations and other
procedures performed by the laboratory in-
cluding—
(I) the number and types of laboratory
examinations and other procedures per-
formed,
(II) the methodologies for laboratory
examinations and other procedures em-
ployed, and
(III) the qualifications (educational
background, training, and experience) of
the personnel directing and supervising
the laboratory and performing the lab-
oratory examinations and other proce-
dures, and
(iii) that contains such other informa-
tion as the Secretary may require to deter-
mine compliance with this section, and
the laboratory agrees to provide to the Sec-
retary (or if the laboratory is accredited, to
the accreditation body which accredited it) a
description of any change in the information
submitted under clause (ii) not later than 6
months after the change was put into effect,
(B) the laboratory provides the Sec-
retary—
(i) with satisfactory assurances that the
laboratory will be operated in accordance
with standards issued by the Secretary
under subsection (f), or
(ii) with proof of accreditation under
subsection (e),
Page 478
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a
1 So in original. Probably should be ‘‘by the’’.
(C) the laboratory agrees to permit inspec-
tions by the Secretary under subsection (g),
(D) the laboratory agrees to make records
available and submit reports to the Sec-
retary as the Secretary may reasonably re-
quire, and
(E) the laboratory agrees to treat pro-
ficiency testing samples in the same manner
as it treats materials derived from the
human body referred to it for laboratory ex-
aminations or other procedures in the ordi-
nary course of business, except that no pro-
ficiency testing sample shall be referred to
another laboratory for analysis as prohibited
under subsection (i)(4).
(2) Requirements for certificates of waiver
(A) In general
A laboratory which only performs labora-
tory examinations and procedures described
in paragraph (3) shall be issued a certificate
of waiver or have its certificate of waiver re-
newed if—
(i) the laboratory submits an applica-
tion—
(I) in such form and manner as the Sec-
retary shall prescribe,
(II) that describes the characteristics
of the laboratory examinations and
other procedures performed by the lab-
oratory, including the number and types
of laboratory examinations and other
procedures performed, the methodologies
for laboratory examinations and other
procedures employed, and the qualifica-
tions (educational background, training,
and experience) of the personnel direct-
ing and supervising the laboratory and
performing the laboratory examinations
and other procedures, and
(III) that contains such other informa-
tion as the Secretary may reasonably re-
quire to determine compliance with this
section, and
(ii) the laboratory agrees to make
records available and submit reports to
the Secretary as the Secretary may re-
quire.
(B) Changes
If a laboratory makes changes in the ex-
aminations and other procedures performed
by it only with respect to examinations and
procedures which are described in paragraph
(3), the laboratory shall report such changes
to the Secretary not later than 6 months
after the change has been put into effect. If
a laboratory proposes to make changes in
the examinations and procedures performed
by it such that the laboratory will perform
an examination or procedure not described
in paragraph (3), the laboratory shall report
such change to the Secretary before the
change takes effect.
(C) Effect
Subsections (f) and (g) shall not apply to a
laboratory to which has been issued a cer-
tificate of waiver.
(3) Examinations and procedures
The examinations and procedures identified
in paragraph (2) are laboratory examinations
and procedures that have been approved by the
Food and Drug Administration for home use or
that, as determined by the Secretary, are sim-
ple laboratory examinations and procedures
that have an insignificant risk of an erroneous
result, including those that—
(A) employ methodologies that are so sim-
ple and accurate as to render the likelihood
of erroneous results by the user negligible,
or
(B) the Secretary has determined pose no
unreasonable risk of harm to the patient if
performed incorrectly.
(4) ‘‘Certificate’’ defined
As used in this section, the term ‘‘certifi-
cate’’ includes a certificate of waiver issued
under paragraph (2).
(e) Accreditation
(1) In general
A laboratory may be accredited for purposes
of obtaining a certificate if the laboratory—
(A) meets the standards of an approved ac-
creditation body, and
(B) authorizes the accreditation body to
submit to the Secretary (or such State agen-
cy as the Secretary may designate) such
records or other information as the Sec-
retary may require.
(2) Approval of accreditation bodies
(A) In general
The Secretary may approve a private non-
profit organization to be an accreditation
body for the accreditation of laboratories
if—
(i) using inspectors qualified to evaluate
the methodologies used by the laboratories
in performing laboratory examinations
and other procedures, the accreditation
body agrees to inspect a laboratory for
purposes of accreditation with such fre-
quency as determined by 1 Secretary,
(ii) the standards applied by the body in
determining whether or not to accredit a
laboratory are equal to or more stringent
than the standards issued by the Secretary
under subsection (f),
(iii) there is adequate provision for as-
suring that the standards of the accredita-
tion body continue to be met by the lab-
oratory,
(iv) in the case of any laboratory accred-
ited by the body which has had its accredi-
tation denied, suspended, withdrawn, or re-
voked or which has had any other action
taken against it by the accrediting body,
the accrediting body agrees to submit to
the Secretary the name of such laboratory
within 30 days of the action taken,
(v) the accreditation body agrees to no-
tify the Secretary at least 30 days before it
changes its standards, and
(vi) if the accreditation body has its ap-
proval withdrawn by the Secretary, the
body agrees to notify each laboratory ac-
credited by the body of the withdrawal
within 10 days of the withdrawal.
Page 479
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a
(B) Criteria and procedures
The Secretary shall promulgate criteria
and procedures for approving an accredita-
tion body and for withdrawing such approval
if the Secretary determines that the accredi-
tation body does not meet the requirements
of subparagraph (A).
(C) Effect of withdrawal of approval
If the Secretary withdraws the approval of
an accreditation body under subparagraph
(B), the certificate of any laboratory accred-
ited by the body shall continue in effect for
60 days after the laboratory receives notifi-
cation of the withdrawal of the approval, ex-
cept that the Secretary may extend such pe-
riod for a laboratory if it determines that
the laboratory submitted an application for
accreditation or a certificate in a timely
manner after receipt of the notification of
the withdrawal of approval. If an accredita-
tion body withdraws or revokes the accredi-
tation of a laboratory, the certificate of the
laboratory shall continue in effect—
(i) for 45 days after the laboratory re-
ceives notice of the withdrawal or revoca-
tion of the accreditation, or
(ii) until the effective date of any action
taken by the Secretary under subsection
(i).
(D) Evaluations
The Secretary shall evaluate annually the
performance of each approved accreditation
body by—
(i) inspecting under subsection (g) a suf-
ficient number of the laboratories accred-
ited by such body to allow a reasonable es-
timate of the performance of such body,
and
(ii) such other means as the Secretary
determines appropriate.
(3) Omitted
(f) Standards
(1) In general
The Secretary shall issue standards to as-
sure consistent performance by laboratories
issued a certificate under this section of valid
and reliable laboratory examinations and
other procedures. Such standards shall require
each laboratory issued a certificate under this
section—
(A) to maintain a quality assurance and
quality control program adequate and appro-
priate for the validity and reliability of the
laboratory examinations and other proce-
dures of the laboratory and to meet require-
ments relating to the proper collection,
transportation, and storage of specimens and
the reporting of results,
(B) to maintain records, equipment, and
facilities necessary for the proper and effec-
tive operation of the laboratory,
(C) in performing and carrying out its lab-
oratory examinations and other procedures,
to use only personnel meeting such quali-
fications as the Secretary may establish for
the direction, supervision, and performance
of examinations and procedures within the
laboratory, which qualifications shall take
into consideration competency, training, ex-
perience, job performance, and education
and which qualifications shall, as appro-
priate, be different on the basis of the type
of examinations and procedures being per-
formed by the laboratory and the risks and
consequences of erroneous results associated
with such examinations and procedures,
(D) to qualify under a proficiency testing
program meeting the standards established
by the Secretary under paragraph (3), and
(E) to meet such other requirements as the
Secretary determines necessary to assure
consistent performance by such laboratories
of accurate and reliable laboratory examina-
tions and procedures.
(2) Considerations
In developing the standards to be issued
under paragraph (1), the Secretary shall, with-
in the flexibility provided under subpara-
graphs (A) through (E) of paragraph (1), take
into consideration—
(A) the examinations and procedures per-
formed and the methodologies employed,
(B) the degree of independent judgment in-
volved,
(C) the amount of interpretation involved,
(D) the difficulty of the calculations in-
volved,
(E) the calibration and quality control re-
quirements of the instruments used,
(F) the type of training required to operate
the instruments used in the methodology,
and
(G) such other factors as the Secretary
considers relevant.
(3) Proficiency testing program
(A) In general
The Secretary shall establish standards for
the proficiency testing programs for labora-
tories issued a certificate under this section
which are conducted by the Secretary, con-
ducted by an organization approved under
subparagraph (C), or conducted by an ap-
proved accrediting body. The standards shall
require that a laboratory issued a certificate
under this section be tested for each exam-
ination and procedure conducted within a
category of examinations or procedures for
which it has received a certificate, except
for examinations and procedures for which
the Secretary has determined that a pro-
ficiency test cannot reasonably be devel-
oped. The testing shall be conducted on a
quarterly basis, except where the Secretary
determines for technical and scientific rea-
sons that a particular examination or proce-
dure may be tested less frequently (but not
less often than twice per year).
(B) Criteria
The standards established under subpara-
graph (A) shall include uniform criteria for
acceptable performance under a proficiency
testing program, based on the available
technology and the clinical relevance of the
laboratory examination or other procedure
subject to such program. The criteria shall
be established for all examinations and pro-
cedures and shall be uniform for each exam-
Page 480
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a
2 So in original. Probably should be ‘‘proficiency’’.
3 So in original. Probably should be ‘‘require it to’’.
ination and procedure. The standards shall
also include a system for grading proficiency
testing performance to determine whether a
laboratory has performed acceptably for a
particular quarter and acceptably for a par-
ticular examination or procedure or cat-
egory of examination or procedure over a pe-
riod of successive quarters.
(C) Approved proficiency testing programs
For the purpose of administering pro-
ficiency testing programs which meet the
standards established under subparagraph
(A), the Secretary shall approve a pro-
ficiency testing program offered by a private
nonprofit organization or a State if the pro-
gram meets the standards established under
subparagraph (A) and the organization or
State provides technical assistance to lab-
oratories seeking to qualify under the pro-
gram. The Secretary shall evaluate each
program approved under this subparagraph
annually to determine if the program con-
tinues to meet the standards established
under subparagraph (A) and shall withdraw
the approval of any program that no longer
meets such standards.
(D) Onsite testing
The Secretary shall perform, or shall di-
rect a program approved under subparagraph
(C) to perform, onsite proficiency testing to
assure compliance with the requirements of
subsection (d)(5). The Secretary shall per-
form, on an onsite or other basis, proficiency
testing to evaluate the performance of a pro-
ficiency testing program approved under
subparagraph (C) and to assure quality per-
formance by a laboratory.
(E) Training, technical assistance, and en-
hanced proficiency testing
The Secretary may, in lieu of or in addi-
tion to actions authorized under subsection
(h), (i), or (j), require any laboratory which
fails to perform acceptably on an individual
examination and procedure or a category of
examination and procedures—
(i) to undertake training and to obtain
the necessary technical assistance to meet
the requirements of the proficency 2 test-
ing program,
(ii) to enroll in a program of enhanced
proficiency testing, or
(iii) to undertake any combination of the
training, technical assistance, or testing
described in clauses (i) and (ii).
(F) Testing results
The Secretary shall establish a system to
make the results of the proficiency testing
programs subject to the standards estab-
lished by the Secretary under subparagraph
(A) available, on a reasonable basis, upon re-
quest of any person. The Secretary shall in-
clude with results made available under this
subparagraph such explanatory information
as may be appropriate to assist in the inter-
pretation of such results.
(4) National standards for quality assurance in
cytology services
(A) Establishment
The Secretary shall establish national
standards for quality assurance in cytology
services designed to assure consistent per-
formance by laboratories of valid and reli-
able cytological services.
(B) Standards
The standards established under subpara-
graph (A) shall include—
(i) the maximum number of cytology
slides that any individual may screen in a
24-hour period,
(ii) requirements that a clinical labora-
tory maintain a record of (I) the number of
cytology slides screened during each 24-
hour period by each individual who exam-
ines cytology slides for the laboratory, and
(II) the number of hours devoted during
each 24-hour period to screening cytology
slides by such individual,
(iii) criteria for requiring rescreening of
cytological preparations, such as (I) ran-
dom rescreening of cytology specimens de-
termined to be in the benign category, (II)
focused rescreening of such preparations in
high risk groups, and (III) for each abnor-
mal cytological result, rescreening of all
prior cytological specimens for the pa-
tient, if available,
(iv) periodic confirmation and evaluation
of the proficiency of individuals involved
in screening or interpreting cytological
preparations, including announced and un-
announced on-site proficiency testing of
such individuals, with such testing to take
place, to the extent practicable, under nor-
mal working conditions,
(v) procedures for detecting inadequately
prepared slides, for assuring that no
cytological diagnosis is rendered on such
slides, and for notifying referring physi-
cians of such slides,
(vi) requirements that all cytological
screening be done on the premises of a lab-
oratory that is certified under this section,
(vii) requirements for the retention of
cytology slides by laboratories for such pe-
riods of time as the Secretary considers
appropriate, and
(viii) standards requiring periodic in-
spection of cytology services by persons
capable of evaluating the quality of cytol-
ogy services.
(g) Inspections
(1) In general
The Secretary may, on an announced or un-
announced basis, enter and inspect, during
regular hours of operation, laboratories which
have been issued a certificate under this sec-
tion. In conducting such inspections the Sec-
retary shall have access to all facilities, equip-
ment, materials, records, and information
that the Secretary determines have a bearing
on whether the laboratory is being operated in
accordance with this section. As part of such
an inspection the Secretary may copy any
such material or require to it 3 be submitted to
Page 481
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a
4 So in original. Probably should be followed by a period.
the Secretary. An inspection under this para-
graph may be made only upon presenting iden-
tification to the owner, operator, or agent in
charge of the laboratory being inspected.
(2) Compliance with requirements and stand-
ards
The Secretary shall conduct inspections of
laboratories under paragraph (1) to determine
their compliance with the requirements of
subsection (d) and the standards issued under
subsection (f). Inspections of laboratories not
accredited under subsection (e) shall be con-
ducted on a biennial basis or with such other
frequency as the Secretary determines to be
necessary to assure compliance with such re-
quirements and standards. Inspections of lab-
oratories accredited under subsection (e) shall
be conducted on such basis as the Secretary
determines is necessary to assure compliance
with such requirements and standards.
(h) Intermediate sanctions
(1) In general
If the Secretary determines that a labora-
tory which has been issued a certificate under
this section no longer substantially meets the
requirements for the issuance of a certificate,
the Secretary may impose intermediate sanc-
tions in lieu of the actions authorized by sub-
section (i).
(2) Types of sanctions
The intermediate sanctions which may be
imposed under paragraph (1) shall consist of—
(A) directed plans of correction,
(B) civil money penalties in an amount not
to exceed $10,000 for each violation listed in
subsection (i)(1) or for each day of substan-
tial noncompliance with the requirements of
this section,
(C) payment for the costs of onsite moni-
toring, or
(D) any combination of the actions de-
scribed in subparagraphs (A), (B), and (C).
(3) Procedures
The Secretary shall develop and implement
procedures with respect to when and how each
of the intermediate sanctions is to be imposed
under paragraph (1). Such procedures shall
provide for notice to the laboratory and a rea-
sonable opportunity to respond to the pro-
posed sanction and appropriate procedures for
appealing determinations relating to the im-
position of intermediate sanctions 4
(i) Suspension, revocation, and limitation
(1) In general
Except as provided in paragraph (2), the cer-
tificate of a laboratory issued under this sec-
tion may be suspended, revoked, or limited if
the Secretary finds, after reasonable notice
and opportunity for hearing to the owner or
operator of the laboratory, that such owner or
operator or any employee of the laboratory—
(A) has been guilty of misrepresentation in
obtaining the certificate,
(B) has performed or represented the lab-
oratory as entitled to perform a laboratory
examination or other procedure which is not
within a category of laboratory examina-
tions or other procedures authorized in the
certificate,
(C) has failed to comply with the require-
ments of subsection (d) or the standards pre-
scribed by the Secretary under subsection
(f),
(D) has failed to comply with reasonable
requests of the Secretary for—
(i) any information or materials, or
(ii) work on materials,
that the Secretary concludes is necessary to
determine the laboratory’s continued eligi-
bility for its certificate or continued compli-
ance with the Secretary’s standards under
subsection (f),
(E) has refused a reasonable request of the
Secretary, or any Federal officer or em-
ployee duly designated by the Secretary, for
permission to inspect the laboratory and its
operations and pertinent records during the
hours the laboratory is in operation,
(F) has violated or aided and abetted in
the violation of any provisions of this sec-
tion or of any regulation promulgated there-
under, or
(G) has not complied with an intermediate
sanction imposed under subsection (h).
(2) Action before a hearing
If the Secretary determines that—
(A) the failure of a laboratory to comply
with the standards of the Secretary under
subsection (f) presents an imminent and se-
rious risk to human health, or
(B) a laboratory has engaged in an action
described in subparagraph (D) or (E) of para-
graph (1),
the Secretary may suspend or limit the cer-
tificate of the laboratory before holding a
hearing under paragraph (1) regarding such
failure or refusal. The opportunity for a hear-
ing shall be provided no later than 60 days
from the effective date of the suspension or
limitation. A suspension or limitation under
this paragraph shall stay in effect until the
decision of the Secretary made after the hear-
ing under paragraph (1).
(3) Ineligibility to own or operate laboratories
after revocation
No person who has owned or operated a lab-
oratory which has had its certificate revoked
may, within 2 years of the revocation of the
certificate, own or operate a laboratory for
which a certificate has been issued under this
section, except that if the revocation occurs
pursuant to paragraph (4) the Secretary may
substitute intermediate sanctions under sub-
section (h) instead of the 2-year prohibition
against ownership or operation which would
otherwise apply under this paragraph. The cer-
tificate of a laboratory which has been ex-
cluded from participation under the medicare
program under title XVIII of the Social Secu-
rity Act [42 U.S.C. 1395 et seq.] because of ac-
tions relating to the quality of the laboratory
shall be suspended for the period the labora-
tory is so excluded.
Page 482
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a
(4) Improper referrals
Any laboratory that the Secretary deter-
mines intentionally refers its proficiency test-
ing samples to another laboratory for analysis
may have its certificate revoked for at least
one year and shall be subject to appropriate
fines and penalties as provided for in sub-
section (h).
(j) Injunctions
Whenever the Secretary has reason to believe
that continuation of any activity by a labora-
tory would constitute a significant hazard to the
public health the Secretary may bring suit in
the district court of the United States for the
district in which such laboratory is situated to
enjoin continuation of such activity. Upon prop-
er showing, a temporary injunction or restrain-
ing order against continuation of such activity
pending issuance of a final order under this sub-
section shall be granted without bond by such
court.
(k) Judicial review
(1) Petition
Any laboratory which has had an inter-
mediate sanction imposed under subsection (h)
or has had its certificate suspended, revoked,
or limited under subsection (i) may, at any
time within 60 days after the date the action
of the Secretary under subsection (i) or (h) be-
comes final, file a petition with the United
States court of appeals for the circuit wherein
the laboratory has its principal place of busi-
ness for judicial review of such action. As soon
as practicable after receipt of the petition, the
clerk of the court shall transmit a copy of the
petition to the Secretary or other officer des-
ignated by the Secretary for that purpose. As
soon as practicable after receipt of the copy,
the Secretary shall file in the court the record
on which the action of the Secretary is based,
as provided in section 2112 of title 28.
(2) Additional evidence
If the petitioner applies to the court for
leave to adduce additional evidence, and shows
to the satisfaction of the court that such addi-
tional evidence is material and that there
were reasonable grounds for the failure to ad-
duce such evidence in the proceeding before
the Secretary, the court may order such addi-
tional evidence (and evidence in rebuttal of
such additional evidence) to be taken before
the Secretary, and to be adduced upon the
hearing in such manner and upon such terms
and conditions as the court may deem proper.
The Secretary may modify the findings of the
Secretary as to the facts, or make new find-
ings, by reason of the additional evidence so
taken, and the Secretary shall file such modi-
fied or new findings, and the recommendations
of the Secretary, if any, for the modification
or setting aside of his original action, with the
return of such additional evidence.
(3) Judgment of court
Upon the filing of the petition referred to in
paragraph (1), the court shall have jurisdiction
to affirm the action, or to set it aside in whole
or in part, temporarily or permanently. The
findings of the Secretary as to the facts, if
supported by substantial evidence, shall be
conclusive.
(4) Finality of judgment
The judgment of the court affirming or set-
ting aside, in whole or in part, any such action
of the Secretary shall be final, subject to re-
view by the Supreme Court of the United
States upon certiorari or certification as pro-
vided in section 1254 of title 28.
(l) Sanctions
Any person who intentionally violates any re-
quirement of this section or any regulation pro-
mulgated thereunder shall be imprisoned for not
more than one year or fined under title 18, or
both, except that if the conviction is for a sec-
ond or subsequent violation of such a require-
ment such person shall be imprisoned for not
more than 3 years or fined in accordance with
title 18, or both.
(m) Fees
(1) Certificate fees
The Secretary shall require payment of fees
for the issuance and renewal of certificates,
except that the Secretary shall only require a
nominal fee for the issuance and renewal of
certificates of waiver.
(2) Additional fees
The Secretary shall require the payment of
fees for inspections of laboratories which are
not accredited and for the cost of performing
proficiency testing on laboratories which do
not participate in proficiency testing pro-
grams approved under subsection (f)(3)(C).
(3) Criteria
(A) Fees under paragraph (1)
Fees imposed under paragraph (1) shall be
sufficient to cover the general costs of ad-
ministering this section, including evalu-
ating and monitoring proficiency testing
programs approved under subsection (f) and
accrediting bodies and implementing and
monitoring compliance with the require-
ments of this section.
(B) Fees under paragraph (2)
Fees imposed under paragraph (2) shall be
sufficient to cover the cost of the Secretary
in carrying out the inspections and pro-
ficiency testing described in paragraph (2).
(C) Fees imposed under paragraphs (1) and
(2)
Fees imposed under paragraphs (1) and (2)
shall vary by group or classification of lab-
oratory, based on such considerations as the
Secretary determines are relevant, which
may include the dollar volume and scope of
the testing being performed by the labora-
tories.
(n) Information
On April 1, 1990 and annually thereafter, the
Secretary shall compile and make available to
physicians and the general public information,
based on the previous calendar year, which the
Secretary determines is useful in evaluating the
performance of a laboratory, including—
(1) a list of laboratories which have been
convicted under Federal or State laws relating
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a
to fraud and abuse, false billings, or kick-
backs,
(2) a list of laboratories—
(A) which have had their certificates re-
voked, suspended, or limited under sub-
section (i), or
(B) which have been the subject of a sanc-
tion under subsection (l),
together with a statement of the reasons for
the revocation, suspension, limitation, or
sanction,
(3) a list of laboratories subject to inter-
mediate sanctions under subsection (h) to-
gether with a statement of the reasons for the
sanctions,
(4) a list of laboratories whose accreditation
has been withdrawn or revoked together with
a statement of the reasons for the withdrawal
or revocation,
(5) a list of laboratories against which the
Secretary has taken action under subsection
(j) together with a statement of the reasons
for such action, and
(6) a list of laboratories which have been ex-
cluded from participation under title XVIII or
XIX of the Social Security Act [42 U.S.C. 1395
et seq., 1396 et seq.].
The information to be compiled under para-
graphs (1) through (6) shall be information for
the calendar year preceding the date the infor-
mation is to be made available to the public and
shall be accompanied by such explanatory infor-
mation as may be appropriate to assist in the
interpretation of the information compiled
under such paragraphs.
(o) Delegation
In carrying out this section, the Secretary
may, pursuant to agreement, use the services or
facilities of any Federal or State or local public
agency or nonprofit private organization, and
may pay therefor in advance or by way of reim-
bursement, and in such installments, as the Sec-
retary may determine.
(p) State laws
(1) Except as provided in paragraph (2), noth-
ing in this section shall be construed as affect-
ing the power of any State to enact and enforce
laws relating to the matters covered by this sec-
tion to the extent that such laws are not incon-
sistent with this section or with the regulations
issued under this section.
(2) If a State enacts laws relating to matters
covered by this section which provide for re-
quirements equal to or more stringent than the
requirements of this section or than the regula-
tions issued under this section, the Secretary
may exempt clinical laboratories in that State
from compliance with this section.
(q) Consultations
In carrying out this section, the Secretary
shall consult with appropriate private organiza-
tions and public agencies.
(July 1, 1944, ch. 373, title III, § 353, as added Pub.
L. 90–174, § 5(a), Dec. 5, 1967, 81 Stat. 536; amended
Pub. L. 100–578, § 2, Oct. 31, 1988, 102 Stat. 2903;
Pub. L. 105–115, title I, § 123(h), Nov. 21, 1997, 111
Stat. 2324; Pub. L. 112–202, § 2, Dec. 4, 2012, 126
Stat. 1483.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsecs. (i)(3)
and (n)(6), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Ti-
tles XVIII and XIX of the Social Security Act are clas-
sified generally to subchapters XVIII (§ 1395 et seq.) and
XIX (§ 1396 et seq.), respectively, of chapter 7 of this
title. For complete classification of this Act to the
Code, see section 1305 of this title and Tables.
CODIFICATION
Subsec. (e)(3) of this section, which required the Sec-
retary to annually prepare and submit to certain com-
mittees of Congress a report describing the results of
the evaluation conducted under subsec. (e)(2)(D) of this
section, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance.
See, also, page 96 of House Document No. 103–7.
AMENDMENTS
2012—Subsec. (d)(1)(E). Pub. L. 112–202, § 2(1), inserted
‘‘, except that no proficiency testing sample shall be
referred to another laboratory for analysis as prohib-
ited under subsection (i)(4)’’ before period at end.
Subsec. (i)(3). Pub. L. 112–202, § 2(2)(A), inserted
‘‘, except that if the revocation occurs pursuant to
paragraph (4) the Secretary may substitute inter-
mediate sanctions under subsection (h) instead of the 2-
year prohibition against ownership or operation which
would otherwise apply under this paragraph’’ after
‘‘issued under this section’’.
Subsec. (i)(4). Pub. L. 112–202, § 2(2)(B), substituted
‘‘may have its certificate revoked’’ for ‘‘shall have its
certificate revoked’’.
1997—Subsec. (d)(3). Pub. L. 105–115 amended heading
and text of par. (3) generally. Prior to amendment, text
read as follows: ‘‘The examinations and procedures
identified in paragraph (2) are simple laboratory exami-
nations and procedures which, as determined by the
Secretary, have an insignificant risk of an erroneous
result, including those which—
‘‘(A) have been approved by the Food and Drug Ad-
ministration for home use,
‘‘(B) employ methodologies that are so simple and
accurate as to render the likelihood of erroneous re-
sults negligible, or
‘‘(C) the Secretary has determined pose no reason-
able risk of harm to the patient if performed incor-
rectly.’’
1988—Pub. L. 100–578 substituted ‘‘Certification of lab-
oratories’’ for ‘‘Licensing of laboratories’’ in section
catchline, and amended text generally, revising and re-
stating as subsecs. (a) to (q) provisions of former sub-
secs. (a) to (l).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–115 effective 90 days after
Nov. 21, 1997, except as otherwise provided, see section
501 of Pub. L. 105–115, set out as a note under section 321
of Title 21, Food and Drugs.
EFFECTIVE DATE OF 1988 AMENDMENT; EXCEPTIONS;
CONTINUING APPLICABILITY
Pub. L. 100–578, § 3, Oct. 31, 1988, 102 Stat. 2914, pro-
vided that: ‘‘Subsections (g)(1), (h), (i), (j), (k), (l), and
(m) of section 353 of the Public Health Service Act [42
U.S.C. 263a], as amended by section 101 [probably means
section 2 of Pub. L. 100–578], shall take effect January
1, 1989, except that any reference in such subsections to
the standards established under subsection (f) shall be
considered a reference to the standards established
under subsection (d) of such section 353, as in effect on
December 31, 1988. During the period beginning January
1, 1989, and ending December 31, 1989, subsections (a)
Page 484
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 263a–1
1 See References in Text note below.
through (d) and subsection (i) through (l) of such sec-
tion 353 as in effect on December 31, 1988, shall continue
to apply to clinical laboratories. The remaining sub-
sections of such section 353, as so amended, shall take
effect January 1, 1990, except that subsections (f)(1)(C)
and (g)(2) shall take effect July 1, 1991, with respect to
laboratories which were not subject to the require-
ments of such section 353 as in effect on December 31,
1988.’’
EFFECTIVE DATE
Pub. L. 90–174, § 5(b), Dec. 5, 1967, 81 Stat. 539, provided
that: ‘‘The amendment made by subsection (a) [enact-
ing this section] shall become effective on the first day
of the thirteenth month after the month [December
1967] in which it is enacted, except that the Secretary
of Health, Education, and Welfare may postpone such
effective date for such additional period as he finds nec-
essary, but not beyond the first day of the 19th month
after such month [December 1967] in which the amend-
ment is enacted.’’
CLIA WAIVER IMPROVEMENTS
Pub. L. 114–255, div. A, title III, § 3057, Dec. 13, 2016, 130
Stat. 1128, provided that:
‘‘(a) DRAFT REVISED GUIDANCE.—Not later than 1 year
after the date of the enactment of this Act [Dec. 13,
2016], the Secretary of Health and Human Services, act-
ing through the Commissioner of Food and Drugs, shall
publish a draft guidance that—
‘‘(1) revises ‘Section V. Demonstrating Insignificant
Risk of an Erroneous Result – Accuracy’ of the guid-
ance entitled ‘Recommendations for Clinical Labora-
tory Improvement Amendments of 1988 (CLIA) Waiver
Applications for Manufacturers of In Vitro Diag-
nostic Devices’ and dated January 30, 2008; and
‘‘(2) includes the appropriate use of comparable per-
formance between a waived user and a moderately
complex laboratory user to demonstrate accuracy.
‘‘(b) FINAL
REVISED
GUIDANCE.—The Secretary of
Health and Human Services, acting through the Com-
missioner of Food and Drugs, shall finalize the draft
guidance published under subsection (a) not later than
1 year after the comment period for such draft guidance
closes.’’
STUDIES
Pub. L. 100–578, § 4, Oct. 31, 1988, 102 Stat. 2914, di-
rected Secretary to conduct studies and submit report
to Congress, not later than May 1, 1990, relating to the
reliability and quality control procedures of clinical
laboratory testing programs and the effect of errors in
the testing procedures and results on the diagnosis and
treatment of patients.
§ 263a–1. Assisted reproductive technology pro-
grams
(a) In general
Effective 2 years after October 24, 1992, each
assisted reproductive technology (as defined in
section 263a–7 1 of this title) program shall annu-
ally report to the Secretary through the Centers
for Disease Control—
(1) pregnancy success rates achieved by such
program through each assisted reproductive
technology, and
(2) the identity of each embryo laboratory
(as defined in section 263a–7 1 of this title) used
by such program and whether the laboratory
is certified under section 263a–2 of this title or
has applied for such certification.
(b) Pregnancy success rates
(1) In general
For purposes of subsection (a)(1), the Sec-
retary shall, in consultation with the organi-
zations referenced in subsection (c), define
pregnancy success rates and shall make public
any proposed definition in such manner as to
facilitate comment from any person (including
any Federal or other public agency) during its
development.
(2) Definition
In developing the definition of pregnancy
success rates, the Secretary shall take into ac-
count the effect on success rates of age, diag-
nosis, and other significant factors and shall
include in such rates—
(A) the basic live birth rate calculated for
each assisted reproductive technology per-
formed by an assisted reproductive tech-
nology program by dividing the number of
pregnancies which result in live births by
the number of ovarian stimulation proce-
dures attempted by such program, and
(B) the live birth rate per successful oo-
cyte retrieval procedure calculated for each
assisted reproductive technology performed
by an assisted reproductive technology pro-
gram by dividing the number of pregnancies
which result in live births by the number of
successful oocyte retrieval procedures per-
formed by such program.
(c) Consultation
In developing the definition under subsection
(b), the Secretary shall consult with appropriate
consumer and professional organizations with
expertise in using, providing, and evaluating
professional services and embryo laboratories
associated with assisted reproductive tech-
nologies.
(Pub. L. 102–493, § 2, Oct. 24, 1992, 106 Stat. 3146.)
Editorial Notes
REFERENCES IN TEXT
Section 263a–7 of this title, referred to in subsec. (a),
was in the original ‘‘section 7’’ meaning section 7 of
Pub. L. 102–493, which was translated as reading section
8 to reflect the probable intent of Congress, because
definitions are contained in section 8 instead of section
7.
CODIFICATION
Section was enacted as part of the Fertility Clinic
Success Rate and Certification Act of 1992, and not as
part of the Public Health Service Act which comprises
this chapter.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Centers for Disease Control changed to Centers for
Disease Control and Prevention by Pub. L. 102–531, title
III, § 312, Oct. 27, 1992, 106 Stat. 3504.
EFFECTIVE DATE
Pub. L. 102–493, § 9, Oct. 24, 1992, 106 Stat. 3152, pro-
vided that: ‘‘This Act [enacting this section, sections
263a–2 to 263a–7 of this title, and provisions set out as
a note under section 201 of this title] shall take effect
upon the expiration of 2 years after the date of the en-
actment of this Act [Oct. 24, 1992].’’
§ 263a–2. Certification of embryo laboratories
(a) In general
(1) Development
Not later than 2 years after October 24, 1992,
the Secretary, through the Centers for Disease
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395. Prohibition against any Federal inter-
ference
Nothing in this subchapter shall be construed
to authorize any Federal officer or employee to
exercise any supervision or control over the
practice of medicine or the manner in which
medical services are provided, or over the selec-
tion, tenure, or compensation of any officer or
employee of any institution, agency, or person
providing health services; or to exercise any su-
pervision or control over the administration or
operation of any such institution, agency, or
person.
(Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of title I of Pub. L. 89–97, which en-
acted this subchapter as the ‘‘Health Insurance for the
Aged Act’’, see section 100 of Pub. L. 89–97, set out as
a Short Title of 1965 Amendment note under section
1305 of this title.
PROTECTING AND IMPROVING GUARANTEED MEDICARE
BENEFITS
Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat.
538, provided that:
‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.—
Nothing in the provisions of, or amendments made by,
this Act [see Short Title note set out under section
18001 of this title] shall result in a reduction of guaran-
teed benefits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.].
‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE
MEDICARE
PROGRAM
AND
MEDICARE
BENEFICIARIES.—
Savings generated for the Medicare program under title
XVIII of the Social Security Act under the provisions
of, and amendments made by, this Act shall extend the
solvency of the Medicare trust funds, reduce Medicare
premiums and other cost-sharing for beneficiaries, and
improve or expand gu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) “Laboratory” or “clinical laboratory” defined** As used in this section, the term “laboratory” or “clinical laboratory” means a facility for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.
**(b) Certificate requirement** No person may solicit or accept materials derived from the human body for laboratory examination or other procedure unless there is in effect for the laboratory a certificate issued by the Secretary under this section applicable to the category of examinations or procedures which includes such examination or procedure.
**(c) Issuance and renewal of certificates**
(1) **In general** — The Secretary may issue or renew a certificate for a laboratory only if the laboratory meets the requirements of subsection (d).
(2) **Term** — A certificate issued under this section shall be valid for a period of 2 years or such shorter period as the Secretary may establish.
**(d) Requirements for certificates**
(1) **In general** — A laboratory may be issued a certificate or have its certificate renewed if—
(A) the laboratory submits (or if the laboratory is accredited under subsection (e), the accreditation body which accredited the laboratory submits), an application—
(i) in such form and manner as the Secretary shall prescribe,
(ii) that describes the characteristics of the laboratory examinations and other procedures performed by the laboratory including—
(I) the number and types of laboratory examinations and other procedures