Sec. 19a-26. (Formerly Sec. 19-7). State laboratories. Services provided to whom. Regulations. Schedule of fees.
Sec. 19a-26. (Formerly Sec. 19-7). State laboratories. Services provided to
whom. Regulations. Schedule of fees. The Department of Public Health may establish,
maintain and control state laboratories to perform examinations of supposed morbid
tissues, other laboratory tests for the diagnosis and control of preventable diseases, and
laboratory work in the field of sanitation, environmental and occupational testing and
research studies for the protection and preservation of the public health. Such laboratory
services shall be performed upon the application of licensed physicians, other laboratories, licensed dentists, licensed podiatrists, local directors of health, public utilities or
state departments or institutions, subject to regulations prescribed by the Commissioner
of Public Health, and upon payment of any applicable fee as provided in this section. For
such purposes the department may provide necessary buildings and apparatus, employ,
subject to the provisions of chapter 67, administrative and scientific personnel and assistants and do all things necessary for the conduct of such laboratories. The Commissioner
of Public Health may establish a schedule of fees, provided the commissioner waives the
fees for local directors of health and local law enforcement agencies. If the commissioner
establishes a schedule of fees, the commissioner may waive (1) the fees, in full or in
part, for others if the commissioner determines that the public health requires a waiver,
and (2) fees for chlamydia and gonorrhea testing for nonprofit organizations and institutions of higher education if the organization or institution provides combination chlamydia and gonorrhea test kits. The commissioner shall also establish a fair handling fee
which a client of a state laboratory may charge a person or third party payer for arranging
for the services of the laboratory. Such client shall not charge an amount in excess of
such handling fee.
(1949 Rev., S. 3807; 1949, S. 2037d; P.A. 76-396, S. 1, 3; P.A. 77-496; 77-614, S. 19, 323, 587, 610; P.A. 78-303, S.
85, 136; P.A. 84-77; P.A. 90-13, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-8, S.
24, 88; P.A. 98-250, S. 12, 39; P.A. 99-125, S. 1, 6; P.A. 07-252, S. 6; P.A. 08-184, S. 54.)
History: P.A. 76-396 replaced "examinations" with "laboratory services", required adherence to regulations of health
commissioner and added provision re imposition of schedule of fees, replacing previous requirement that services be
performed free of charge; P.A. 77-496 added Subdiv. (3) allowing no charge for services where public health requires that
no charge be made; P.A. 77-614 and P.A. 78-303 replaced commissioner of finance and control with secretary of the
office of policy and management and, effective January 1, 1979, replaced commissioner and department of health with
commissioner and department of health services; Sec. 19-7 transferred to Sec. 19a-26 in 1983; P.A. 84-77 deleted the
authority of the secretary of the office of policy and management to establish a schedule of fees for laboratory services
performed by state laboratories and deleted obsolete provision which had allowed performance of lab services without
charge for state agencies until July 1, 1977; P.A. 90-13 added language on environmental and occupational testing, other
laboratories, public utilities, fair market value and the handling fee; P.A. 93-381 replaced department and commissioner
of health services with department and commissioner of public health and addiction services, effective July 1, 1993;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 exempted local law enforcement agencies
from charge for laboratory services, effective July 1, 1997; P.A. 98-250 authorized commissioner to waive fees for chlamydia and gonorrhea for nonprofit organizations providing kits, effective July 1, 1998; P.A. 99-125 changed fees from
"directly related to operating costs or fair market value" to "based upon nationally recognized standards and performance
measures for analytic work effort", and changed provision allowing services "without charge" to required waiver of charges
in Subdiv. (1) and permissive waiver in full or in part in Subdiv. (2), effective July 1, 1999; P.A. 07-252 made establishment
of a fee schedule for state laboratory services discretionary rather than mandatory, eliminated requirement that fees be
based upon nationally recognized standards and performance measures and made technical changes; P.A. 08-184 amended
Subdiv. (2) to expand fee waiver for chlamydia and gonorrhea testing to institutions of higher education, effective July
1, 2008.