[HISTORY: Adopted by the Suffolk County Legislature 9-22-1987 by L.L. No. 36-1987 (Ch. 350 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]590a Uncod LL Pro
This Legislature hereby finds that recent incidents in this County and other parts of this nation have revealed a shocking lack of safeguards in the handling of medical specimens.
This Legislature further finds that this lack of safeguards has resulted in the unwarranted exposure of children to vials of contaminated blood, including blood taken from victims of acquired immunodeficiency syndrome (AIDS).
Therefore, the purpose of this chapter is to protect and promote the public health, safety and general welfare by imposing some minimum regulatory safeguards on the handling of medical specimens within the County of Suffolk.
Any medical doctor, hospital or medical laboratory taking a specimen of human urine, blood or feces for the purpose of transmittal to a medical laboratory for examination or testing, who places such specimens in an area readily accessible to the public outside of the physical confines of said medical doctor's office, hospital or medical laboratory, shall initially secure the container in which such specimen is enclosed and shall further secure such specimen in a second container which shall have a lock or other device physically securing said second container against tampering and against opening without a necessary key or other device available only to a duly authorized representative either from the doctor's office, hospital or the medical laboratory to which such container is to be transported. Said second container shall also be affixed to the building at which such specimens are picked up for transport to a medical laboratory from the medical doctor's office, hospital or medical laboratory.
The Department of Health Services shall issue and promulgate such rules and regulations as may be necessary to implement and carry out the provisions of this chapter.
This chapter shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article II, §§ 760-12 through 760-24, of the Suffolk County Sanitary Code.
Any willful violation of § 590-2 of this chapter shall constitute an unclassified misdemeanor punishable by a fine of not more than $500 or imprisonment not to exceed one year, or both such fine and imprisonment.
This chapter shall take effect January 1, 1988, and shall apply to any transmittals of such medical specimens occurring on or after January 1, 1988.