Committee advances bill to move state laboratory rules into statute and allow market-rate lab fees

The Senate Health and Welfare Committee approved sending House Bill 198 to the floor after the sponsor described the bill as a rules-to-statute move that largely preserves existing requirements while moving them from administrative rule into statute.

Sen. Carl Bjerke, sponsor of the bill, told the committee the legislation transfers several IDAPA chapters — including quality assurance for clinical laboratories, the state drinking water laboratory certification program, clandestine drug laboratory cleanup and state laboratory fees — from administrative rules into statute. "The proposed legislation does not add any regulations or burdens to the state labs above what is already required in code and rule," Bjerke said.

A notable provision (section 12) would authorize the state public laboratory to change testing fees to market rates where appropriate so that state laboratories do not underprice private providers and distort competition. Bjerke said the fees had not been updated for many years.

Committee members questioned the scope of the change; sponsors said the move is intended to reduce duplicated rulemaking and place long-standing administrative practices into statute. The motion to send HB 198 to the Senate floor with a do-pass recommendation was moved by Sen. Shippey and seconded by Sen. Wintrow; the committee approved the motion by voice vote.