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

                                   14

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. LAVALLE, GALLIVAN -- 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 SIXTEEN, 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

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

                                                           LBD00463-01-5

S. 14                               2

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.