senate Bill S46B

Signed By Governor
2009-2010 Legislative Session

Relates to testing blood

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (23)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 13, 2010 signed chap.169
Jul 09, 2010 delivered to governor
Jun 24, 2010 returned to senate
passed assembly
ordered to third reading rules cal.334
substituted for a8601b
Jun 18, 2010 referred to codes
returned to assembly
repassed senate
Jun 14, 2010 amended on third reading (t) 46b
vote reconsidered - restored to third reading
Jun 10, 2010 returned to senate
recalled from assembly
Mar 04, 2010 referred to transportation
delivered to assembly
passed senate
Feb 23, 2010 advanced to third reading
Feb 22, 2010 2nd report cal.
Feb 09, 2010 1st report cal.134
Jan 28, 2010 print number 46a
amend and recommit to transportation
Jan 06, 2010 referred to transportation
Jan 07, 2009 referred to transportation

Votes

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Feb 9, 2010 - Transportation committee Vote

S46A
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S46 - Details

See Assembly Version of this Bill:
A8601B
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L

S46 - Summary

Establishes certain persons, without being under the supervision and at the direction of a physician, may withdraw blood for the purpose of determining the alcoholic or drug content therein.

S46 - Sponsor Memo

S46 - Bill Text download pdf

The Bill text is not available.

Co-Sponsors

view additional co-sponsors

S46A - Details

See Assembly Version of this Bill:
A8601B
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L

S46A - Summary

Establishes certain persons, without being under the supervision and at the direction of a physician, may withdraw blood for the purpose of determining the alcoholic or drug content therein.

S46A - Sponsor Memo

S46A - Bill Text download pdf

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

                                  46--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sens. FUSCHILLO, DeFRANCISCO, HANNON, C. JOHNSON, O. JOHN-
  SON,  LARKIN,  MORAHAN,  NOZZOLIO,  ONORATO,  VOLKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Transportation  --  recommitted  to the Committee on Transportation in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the vehicle and traffic  law,  in  relation  to  persons
  authorized to withdraw blood

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

  Section 1. Subparagraph 1 of paragraph (a) of subdivision 4 of section
1194 of the vehicle and traffic law, as amended by chapter  406  of  the
laws of 1988, is amended to read as follows:
  (1)  At  the  request  of  a police officer, the following persons may
withdraw blood for the purpose of  determining  the  alcoholic  or  drug
content  therein:  [(i)] a physician[,]; a registered professional nurse
[or]; A LICENSED PRACTICAL NURSE; A  NURSE  PRACTITIONER;  a  registered
physician's  assistant; [or (ii) under the supervision and at the direc-
tion of a physician:] a medical laboratory technician or  medical  tech-
nologist  as  classified  by  civil service; a phlebotomist; an advanced
emergency medical technician as certified by the department  of  health;
[or] a medical laboratory technician or medical technologist employed by
a  clinical  laboratory approved under title five of article five of the
public health law; OR OTHER PERSON DULY LICENSED BY  THE  STATE  WHO  BY
CONDITION  OF  HIS  OR HER LICENSE IS QUALIFIED TO WITHDRAW BLOOD IN THE
STATE. This limitation shall not apply to the taking of a urine,  saliva
or breath specimen.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

Co-Sponsors

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S46B (ACTIVE) - Details

See Assembly Version of this Bill:
A8601B
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1194, V & T L

S46B (ACTIVE) - Summary

Establishes certain persons, without being under the supervision and at the direction of a physician, may withdraw blood for the purpose of determining the alcoholic or drug content therein.

S46B (ACTIVE) - Sponsor Memo

S46B (ACTIVE) - Bill Text download pdf

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

                                  46--B
    Cal. No. 134

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by Sens. FUSCHILLO, AUBERTINE, DeFRANCISCO, HANNON, C. JOHN-
  SON, O. JOHNSON, KLEIN,  LANZA,  LARKIN,  LITTLE,  MAZIARZ,  McDONALD,
  MORAHAN,  NOZZOLIO,  ONORATO,  PARKER,  RANZENHOFER, SEWARD, STAVISKY,
  VOLKER -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the  Committee  on Transportation -- recommitted to the
  Committee on Transportation in accordance with Senate Rule 6,  sec.  8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, passed by Senate and delivered  to  the  Assembly,  recalled,
  vote  reconsidered,  restored  to  third  reading, amended and ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the vehicle and traffic  law,  in  relation  to  testing
  blood

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

  Section 1. Subparagraph 1 of paragraph (a) of subdivision 4 of section
1194 of the vehicle and traffic law, as amended by chapter  406  of  the
laws of 1988, is amended to read as follows:
  (1)  At  the  request  of  a police officer, the following persons may
withdraw blood for the purpose of  determining  the  alcoholic  or  drug
content  therein: (i) a physician, a registered professional nurse [or],
a registered [physician's] PHYSICIAN assistant, A CERTIFIED NURSE  PRAC-
TITIONER,  OR  AN  ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY
THE DEPARTMENT OF HEALTH; or (ii)  under  the  supervision  and  at  the
direction  of  a  physician, REGISTERED PHYSICIAN ASSISTANT OR CERTIFIED
NURSE PRACTITIONER ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE, OR
UPON THE EXPRESS CONSENT OF THE PERSON EIGHTEEN YEARS OF  AGE  OR  OLDER
FROM WHOM SUCH BLOOD IS TO BE WITHDRAWN: a [medical] CLINICAL laboratory
technician  or [medical] CLINICAL LABORATORY technologist [as classified

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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