senate Bill S5539

Includes optometrists within provisions relating to clinical laboratories

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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

  • 16 / May / 2013
    • REFERRED TO HEALTH
  • 10 / Jun / 2013
    • 1ST REPORT CAL.1172
  • 11 / Jun / 2013
    • 2ND REPORT CAL.
  • 12 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2013
    • SUBSTITUTED BY A6724B

Summary

Includes optometrists within provisions relating to clinical laboratories.

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Bill Details

See Assembly Version of this Bill:
A6724B
Versions:
S5539
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §§571 & 579, Pub Health L

Votes

14
0
14
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S5539

TITLE OF BILL: An act to amend the public health law, in relation to
conducting certain clinical laboratory tests

PURPOSE: To authorize persons licensed to practice optometry to
conduct certain clinical laboratory tests.

SUMMARY OF PROVISIONS: Amends Public Health Law § 571(6) to add
optometrists to the definition of "qualified health care
professional." Being, added to this definition will authorize
optometrists to perform certain clinical laboratory tests that do not
use an invasive modality as defined in section 7101 of the education
law when a Limited Testing Registration is issued by the Department of
Health under § 579.

Amends Public Health Law § 579(1) to add optometrists to the list of
health care professionals who may conduct certain clinical laboratory
tests that do not use an invasive modality as defined in section 7101
of the education law, without a clinical laboratory permit, provided
such tests are solely as an adjunct to the treatment of their
patients. (Section 579 uses the defined term "qualified health care
professional." but also lists those professionals in this
subdivision.)

EXISTING LAW: Public Health Law § 579 provides that licensed
physicians, osteopaths, dentists, midwives, nurse practitioners, and
podiatrists who perform laboratory procedures as part of the treatment
of their patients within their scope of practice do not require a
clinical laboratory license. The law requires that they obtain a
Certificate of Waiver and Limited Testing Registration from the Health
Department. They may only perform those tests authorized by the
registration.

JUSTIFICATION: In 1995, optometrists were provided expanded statutory
authority related to the diagnosis and treatment of eye disease.
Current law still requires optometrists to refer their patients to
other statutorily-listed practitioners in order to perform clinical
laboratory tests. The purpose of this bill is to improve the diagnosis
and treatment of eye disease by providing optometrists with the
authority to perform non-invasive clinical laboratory tests relevant
to the diagnosis and treatment of their patients within their scope of
practice.

The federal Clinical Laboratory Improvement Act (CLIA) of 1988 and
state law require certain proficiency standards, testing requirements
and inspections depending on the type of tests undertaken. However,
these laws also recognize that many tests are performed by healthcare
professionals as part of patient examinations. Accordingly, federal
and state laws exempt from the clinical laboratory requirements
certain tests performed by enumerated professionals.

Federal and state laws also exempt certain low or moderate complexity
tests from the clinical laboratory permitting requirement. CLIA
designates several waived tests that may be performed by various
healthcare professionals holding Limited Testing, Registrations from
the Department of Health rather than full clinical laboratory permits.


This bill would add optometrists to the list of those professionals
and would enable them to perform only non-invasive waived tests in
accordance with existing federal and state requirements.

LEGISLATIVE HISTORY: 2009-10: S. 5189, referred to Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5539

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to conducting certain
  clinical laboratory tests

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

  Section  1.  Subdivision 6 of section 571 of the public health law, as
added by chapter 204 of the laws of 2008, is amended to read as follows:
  6. "Qualified health care professional" means  a  physician,  dentist,
podiatrist,  OPTOMETRIST PERFORMING A CLINICAL LABORATORY TEST THAT DOES
NOT USE AN INVASIVE MODALITY AS DEFINED IN SECTION  SEVENTY-ONE  HUNDRED
ONE  OF  THE  EDUCATION  LAW, physician assistant, specialist assistant,
nurse practitioner, or midwife, who is licensed and registered with  the
state education department.
  S  2.  Subdivision 1 of section 579 of the public health law, as sepa-
rately amended by chapters 397 and 440 of the laws of 2004,  is  amended
to read as follows:
  1.  This  title  is  applicable to all clinical laboratories and blood
banks operating within the state, except clinical laboratories and blood
banks operated by the federal government and clinical laboratories oper-
ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
tioner, OPTOMETRIST PERFORMING A CLINICAL LABORATORY TEST THAT DOES  NOT
USE  AN  INVASIVE MODALITY AS DEFINED IN SECTION SEVENTY-ONE HUNDRED ONE
OF THE EDUCATION LAW or podiatrist  who  performs  laboratory  tests  or
procedures,  personally  or  through  his or her employees, solely as an
adjunct to the treatment of his or  her  own  patients;  to  the  extent
authorized  by  federal  and state law, including the education law, and
consistent with any applicable written practice agreement.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10148-02-3

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