senate Bill S3442

Relates to out-of-state clinical laboratory practitioners

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Feb / 2011
    • REFERRED TO HIGHER EDUCATION
  • 12 / Apr / 2011
    • 1ST REPORT CAL.382
  • 13 / Apr / 2011
    • 2ND REPORT CAL.
  • 02 / May / 2011
    • ADVANCED TO THIRD READING
  • 09 / May / 2011
    • PASSED SENATE
  • 09 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 09 / May / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1089
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO HIGHER EDUCATION

Summary

Relates to out-of-state clinical laboratory practitioners.

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Bill Details

See Assembly Version of this Bill:
A598
Versions:
S3442
Legislative Cycle:
2011-2012
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §8607, Ed L; amd §§575 & 576, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S5972C, A7913C

Sponsor Memo

BILL NUMBER:S3442

TITLE OF BILL:
An act
to amend the education law and the public health law, in relation to
out-of-state clinical laboratory practitioners

PURPOSE:
This legislation would amend existing provisions of law related to the
licensing of clinical laboratory in order to establish standards for
those out-of-state practitioners working on specimens from New York
State. Current interpretation of the law has resulted in a dual
standard of quality for clinical laboratory work dependent on whether
or not the laboratory serving New York State residents is located in
New York State.

SUMMARY OF PROVISIONS:
This bill requires that out- of-state laboratories licensed and
regulated by New York State for the purpose of testing specimens from
New York State residents, demonstrate that they meet standards which
are substantially similar to the education department's educational
requirements, or that they meet other standards established by the
education department and department of public health.

JUSTIFICATION:
The Clinical Laboratory Technology Practice Act of2004 required people
working in technical positions in laboratories licensed by the
department of public health to obtain a professional license from the
education department. The goal of the legislation was to ensure that
the people tasked with performing the clinical laboratory tests that
underlie most modem medical decisions were being held to the highest
professional standards.

The law was interpreted to only require the licensing of technical
personnel working in New York State. Because the department of health
regulates laboratories that accept specimens from New York State
regardless of location, but only technical personnel working within
the state are required to be licensed, laboratories located in the
state are subject to more regulation than their out-of-state
counterparts.

This legislation establishes a uniform standard for quality and
training of clinical practitioners, resulting in better protection
of the health and safety of New Yorkers served by out-of-state
laboratories.

LEGISLATIVE HISTORY:
2010 - S.5972C

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day
after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3442

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 22, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the public health law, in relation
  to out-of-state clinical laboratory practitioners

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  8607 of the education law is amended by adding a
new subdivision 4 to read as follows:
  4. PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED SEVENTY-SIX OF
THE PUBLIC HEALTH LAW, THE COMMISSIONER SHALL CONSULT WITH  THE  COMMIS-
SIONER  OF HEALTH ON (A) THE ESTABLISHMENT OF STANDARDS OF EDUCATION FOR
OUT-OF-STATE CLINICAL  LABORATORY  PRACTITIONERS,  AND  (B)  DETERMINING
WHETHER  THE  EDUCATIONAL  COMPONENTS  OF OTHER JURISDICTIONS' PERSONNEL
LICENSING  PROGRAMS  ARE  SIGNIFICANTLY  COMPARABLE  TO  THE   EDUCATION
REQUIREMENTS  ESTABLISHED BY THE DEPARTMENT IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (B)  OF  SUBDIVI-
SION  TWO OF SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION TWO OF SECTION
EIGHTY-SIX HUNDRED  SIX,  AND  SUBDIVISION  TWO  OF  SECTION  EIGHTY-SIX
HUNDRED SIX-A OF THIS ARTICLE.
  S  2.  Section 576 of the public health law is amended by adding a new
subdivision 9 to read as follows:
  9. BY JULY FIRST, TWO THOUSAND  TWELVE,  THE  DEPARTMENT  SHALL  ADOPT
REGULATIONS  THAT ESTABLISH QUALIFICATIONS FOR CLINICAL LABORATORY PRAC-
TITIONERS PRACTICING IN OUT-OF-STATE LABORATORIES  LICENSED  UNDER  THIS
ARTICLE  THAT ARE SUBSTANTIALLY EQUIVALENT TO QUALIFICATIONS ESTABLISHED
BY THE EDUCATION DEPARTMENT, INCLUDING THE REQUIREMENT FOR  AN  EXAMINA-
TION  ISSUED BY A RECOGNIZED ACCREDITING ORGANIZATION THAT IS SIMILAR TO
THOSE EXAMS ADMINISTERED BY THE EDUCATION DEPARTMENT UNDER  ARTICLE  ONE
HUNDRED  SIXTY-FIVE  OF  THE  EDUCATION  LAW.   IN CONSULTATION WITH THE
EDUCATION DEPARTMENT, THE DEPARTMENT SHALL (A)  ESTABLISH  STANDARDS  OF
EDUCATION  FOR  OUT-OF-STATE  CLINICAL LABORATORY PRACTITIONERS, AND (B)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03989-01-1

S. 3442                             2

DETERMINE WHETHER THE EDUCATIONAL  COMPONENTS  OF  OTHER  JURISDICTIONS'
PERSONNEL  LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE EDUCA-
TIONAL REQUIREMENTS IN  SECTIONS  EIGHTY-SIX  HUNDRED  FIVE,  EIGHTY-SIX
HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
  S  3.  The  opening  paragraph  of subdivision 2 of section 575 of the
public health law is designated paragraph (a) and a new paragraph (b) is
added to read as follows:
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
COMMISSIONER  SHALL  REQUIRE AN ATTESTATION FROM THE DIRECTOR OF A CLIN-
ICAL LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR  SEEK-
ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
ERS,  AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION LAW,
PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
SPECIMENS, UNLESS EXEMPT FROM LICENSURE  OR  CERTIFICATION  PURSUANT  TO
SECTION  EIGHTY-SIX  HUNDRED  NINE OF THE EDUCATION LAW, WHO DO NOT HOLD
THE APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT  TO
ARTICLE  ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE STANDARDS
AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
SEVENTY-SIX OF THIS TITLE. RECORDS OF  ON-SITE  REVIEWS  OF  CREDENTIALS
WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE DEPARTMENT.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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