senate Bill S1650A

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

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 16 / Apr / 2013
    • 1ST REPORT CAL.320
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • PASSED SENATE
  • 06 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / May / 2013
    • REFERRED TO HIGHER EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 24 / Mar / 2014
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 24 / Mar / 2014
    • PRINT NUMBER 1650A
  • 06 / May / 2014
    • 1ST REPORT CAL.551
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2014
    • PASSED SENATE
  • 18 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2014
    • 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:
A1766A
Versions:
S1650
S1650A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §8607, Ed L; amd §§575 & 576, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3442, A598
2009-2010: S5972C, A7913C

Sponsor Memo

BILL NUMBER:S1650A

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 of
2004 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 modern 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: 2011-12 S.3442; 2010 S.5972C

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred
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
________________________________________________________________________

                                 1650--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. LAVALLE, DeFRANCISCO, RANZENHOFER, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Higher Education -- recommitted to the Committee on High-
  er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 FIFTEEN,  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02606-02-4

S. 1650--A                          2

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)
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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