Senate Bill S5972

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

                                 5972--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the education law, in relation to the definition of the
  term "clinical laboratory  practitioner";  and  to  amend  the  public
  health law, in relation to New York state specimens

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

  Section 1. The opening paragraph of subdivision 2 of section  8601  of
the  education  law,  as  amended by chapter 204 of the laws of 2008, is
amended to read as follows:
  A "clinical laboratory practitioner" means clinical  laboratory  tech-
nologists,   cytotechnologists,  clinical  laboratory  technicians,  and
histological technicians as such terms are defined in this  subdivision,
AND  ANY  OTHER PERSONS who practice clinical laboratory technology in a
licensed clinical laboratory WHETHER LOCATED WITHIN THE STATE OR OUTSIDE
THE STATE. For the purposes of this article, a licensed clinical labora-
tory does not include a laboratory operated by any  licensed  physician,
dentist,   podiatrist,  midwife  or  certified  nurse  practitioner  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.
  S 2. Subdivision 3 of section 8607 of the education law, as  added  by
chapter 755 of the laws of 2004, is amended to read as follows:
  3.  (A)  The commissioner may adopt such regulations as appropriate to
license or certify individuals who hold valid  licenses,  certifications
or  their equivalent in another state or country, provided the standards
for granting licenses or certifications to such individuals are not less
than the standards required of persons otherwise licensed  or  certified
pursuant to this article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10576-07-9
              

S. 5972--A                          2

  (B)  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, THE COMMISSIONER
SHALL REQUIRE AN ATTESTATION FROM THE DIRECTOR OF A CLINICAL  LABORATORY
LICENSED  OR  SEEKING  LICENSURE  UNDER  TITLE  V OF ARTICLE FIVE OF THE
PUBLIC HEALTH LAW, THAT  CLINICAL  LABORATORY  PRACTITIONERS  PRACTICING
CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE SPECIMENS,
HOLD  A VALID LICENSE OR CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE, OR
AN EQUIVALENT AS DETERMINED UNDER REGULATIONS ADOPTED IN ACCORDANCE WITH
THIS SUBDIVISION.
  S 3. Subdivision 2 of section 575 of the public health law, as amended
by chapter 436 of the laws of 1993, is amended to read as follows:
  2. (A) A permit shall not be issued  unless  a  valid  certificate  of
qualification  in  the  category  of  procedures for which the permit is
sought has been issued to the director pursuant  to  the  provisions  of
section five hundred seventy-three of this title, and unless the depart-
ment  finds  that  the  clinical laboratory or blood bank is competently
staffed and properly equipped,  and  will  be  operated  in  the  manner
required by this title.
  (B)  FOR  OUT  OF  STATE LABORATORIES ACCEPTING NEW YORK SPECIMENS AND
LICENSED OR SEEKING LICENSURE UNDER THIS ARTICLE, A PERMIT SHALL NOT  BE
ISSUED  UNLESS  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION ARE
MET AND THE DIRECTOR COMPLIES WITH THE PROVISIONS OF  PARAGRAPH  (B)  OF
SUBDIVISION  THREE  OF SECTION EIGHTY-SIX HUNDRED SEVEN OF THE EDUCATION
LAW.
  S 4. This act shall take effect immediately provided however that  the
provisions  of section three of this act shall take effect on the sixti-
eth day after it shall have become a law.

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

                                 5972--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to the definition of  the
  term  "clinical  laboratory  practitioner";  and  to  amend the public
  health law, in relation to New York state specimens

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

  Section  1.  The opening paragraph of subdivision 2 of section 8601 of
the education law, as amended by chapter 204 of the  laws  of  2008,  is
amended to read as follows:
  A  "clinical  laboratory practitioner" means clinical laboratory tech-
nologists,  cytotechnologists,  clinical  laboratory  technicians,   and
histological  technicians as such terms are defined in this subdivision,
AND ANY OTHER PERSONS who practice clinical laboratory technology  in  a
licensed clinical laboratory WHETHER LOCATED WITHIN THE STATE OR OUTSIDE
THE STATE. For the purposes of this article, a licensed clinical labora-
tory  does  not include a laboratory operated by any licensed physician,
dentist,  podiatrist,  midwife  or  certified  nurse  practitioner   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.
  S  2.  The  opening  paragraph of section 8608 of the education law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT  TO  A  CLINICAL  LABORATORY
PRACTITIONER PRACTICING CLINICAL LABORATORY TECHNOLOGY ON NEW YORK STATE
SPECIMENS  IN  OUT-OF-STATE CLINICAL LABORATORIES PROVIDED HE OR SHE HAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10576-08-0
              

S. 5972--B                          2

MET THE REQUIREMENTS AND STANDARDS ESTABLISHED IN  SUBDIVISION  NINE  OF
SECTION  FIVE HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW. SUCH LIMITED
PERMIT MAY BE VALID FOR A PERIOD OF  AT  LEAST  ONE  YEAR,  AND  MAY  BE
RENEWED AT THE DISCRETION OF THE DEPARTMENT.
  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 SUBSECTION NINE OF SECTION FIVE  HUNDRED
SEVENTY-SIX OF THIS TITLE.
  S  4.  Section 576 of the public health law is amended by adding a new
subdivision 9 to read as follows:
  9. THE DEPARTMENT SHALL, IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
EDUCATION,  ADOPT RULES AND REGULATIONS TO ESTABLISH STANDARDS OF EDUCA-
TION FOR CLINICAL LABORATORY PRACTITIONERS, NEITHER LICENSED  OR  CERTI-
FIED  UNDER SECTION EIGHTY-SIX HUNDRED TWO, EIGHTY-SIX HUNDRED THREE, OR
SUBDIVISION THREE OF SECTION EIGHTY-SIX HUNDRED SEVEN OF  THE  EDUCATION
LAW,  PRACTICING CLINICAL LABORATORY TECHNOLOGY ON NEW YORK STATE SPECI-
MENS IN OUT-OF-STATE LABS LICENSED UNDER  THIS  ARTICLE,  PROVIDED  THAT
SUCH STANDARDS ARE SUBSTANTIALLY EQUIVALENT TO THE STANDARDS REQUIRED OF
PERSONS LICENSED OR CERTIFIED PURSUANT TO ARTICLE ONE HUNDRED SIXTY-FIVE
OF  THE  EDUCATION  LAW AND PROVIDED FURTHER THAT SUCH STANDARDS INCLUDE
THE PASSAGE OF THE EXAMINATION REQUIRED IN PARAGRAPH (C) OF  SUBDIVISION
ONE OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (C) OF SUBDIVISION TWO
OF  SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION THREE OF SECTION EIGHT-
Y-SIX HUNDRED SIX, AND SUBDIVISION THREE OF SECTION  EIGHTY-SIX  HUNDRED
SIX-A OF THE EDUCATION LAW, AS APPLICABLE.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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

                                 5972--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Higher Education in accordance with Senate Rule 6,
  sec.  8 -- reported favorably from said committee and committed to the
  Committee on Finance -- 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 ELEVEN, THE DEPARTMENT SHALL ADOPT
REGULATIONS THAT ESTABLISH QUALIFICATIONS FOR CLINICAL LABORATORY  PRAC-
TITIONERS  PRACTICING  IN  OUT-OF-STATE LABORATORIES LICENSED UNDER THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10576-10-0
              

S. 5972--C                          2

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)
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.