2013 District of Columbia Code
Division VIII — GENERAL LAWS
Title 44 — CHARITABLE AND CURATIVE INSTITUTIONS
Subtitle I — HEALTH RELATED INSTITUTIONS
Chapter 2 — CLINICAL LABORATORIES
Section 44-201 — Definitions.

For the purposes of this chapter, the term:
(1) Repealed.
(2) "Board" means the Laboratory Advisory Board established by § 44-206.
(3) "Clinical laboratory" means a facility for the biological, microbiological, serological, chemical, immunohematological, 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. Such examination also includes one or more procedures to determine, measure, or otherwise describe the presence or absence of various substances or organisms in the human body. The term "clinical laboratory" shall include all independent, hospital, physician-operated, health-care, and District of Columbia government laboratories.
(4) Repealed.
(5) "Cytotechnologist" means a person who meets qualifications for a cytotechnologist under 42 CFR § 493.1483.
(6) Repealed.
(6A) "Highly complex test" means a laboratory test that requires sophisticated techniques, interpretations of multiple signals, or proven technical skill. Highly complex tests may require:
(A) Highly skilled physical manipulation;
(B) Technique dependent steps in the testing, sampling, or reading of results;
(C) User Programming of a device;
(D) Detailed calculation of the results;
(E) Dilution of samples with chemically reactive substances; or
(F) Preparation of reagents.
(7) "Laboratory director" means the person responsible for administration of the technical and scientific operation of a clinical laboratory, including supervision of procedures and reporting findings of tests.
(8) "Laboratory reference system" means a system of periodic testing of methods, procedures, and materials of laboratories, including the distribution of manuals of approved methods, inspection of facilities, and cooperative research.
(8A) "Moderately complex test" means a laboratory test that requires a series of steps, reagents, additions, or instrumentation, the result of which is determined by a visual signal.
(9) Repealed.
(10) "Proficiency testing program" means an external program approved by the Mayor to monitor proficiency in the performance of medical laboratory tests.
(11) Repealed.
(12) "Specimen" means materials derived from the human body.
(13) "Testing event" means a specific evaluation or set of evaluations offered or performed by a laboratory to test accuracy as part of required proficiency testing.
(14) "Testing personnel" means an individual employed or otherwise engaged by a clinical laboratory to perform clinical laboratory tests or examinations.
(15) "Waived test" means a test that is non-instrumental in nature, the result of which is determined by a visual signal.

History
(Mar. 16, 1989, D.C. Law 7-182, § 2, 35 DCR 7718; Oct. 20, 2005, D.C. Law 16-33, § 5012(a), 52 DCR 7503.)

Annotations
Prior Codifications. 1981 Ed., § 32-1501.

Effect of Amendments. D.C. Law 16-33, repealed pars. (1), (4), (6), (9) and (11); added pars. (6A), (8A), (13), (14) and (15); and rewrote pars. (3), (5) and (7).

Emergency Legislation. For temporary (90 day) amendment of section, see § 5012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Legislative History of Law 7-182. Law 7-182, the "Clinical Laboratory Act of 1988", was introduced in Council and assigned Bill No. 7-373, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 12, 1988, and September 27, 1988, respectively. Signed by the Mayor on October 13, 1988, it was assigned Act No. 7-240 and transmitted to both Houses of Congress for its review.

Legislative History of Law 16-33. For Law 16-33, see notes following § 44-504.

Short Title. Short title of subtitle B of title V of Law 16-33: Section 5011 of D.C. Law 16-33 provided that subtitle B of title V of the act may be cited as the Clinical Laboratory Amendment Act of 2005.

References in Text. The reference to "42 C.F.R. § 405.1315(c) (1987)", appearing in (5), does not appear in the 1990 edition of CFR.