Senate Bill S3460

                                 BILL NUMBER:  S3460

 TITLE OF BILL :
An act to amend the education law, in relation to the definition of
the term "clinical laboratory practitioner"


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation would amend existing provisions of law related to the
licensing of clinical laboratory practitioners to clarify the
requirement that all clinical laboratory practitioners working on
specimens from New York State obtain a professional license.  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 SPECIFIC PROVISIONS :
The bill amends section 8601 of the education law to require clinical
laboratory practitioners who practice in a licensed clinical
laboratory whether located within the state or outside the state to
obtain a license.

 JUSTIFICATION :
The clinical Laboratory Technology Practice Act of 2004 required
people working in technical positions in laboratories licensed by the
              

Department of 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 and safety 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 the Education Department only requires
licensing of technical personnel working within New York State.
Laboratories located in the state are subject to more regulation than
laboratories located outside of the state.

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 labs located out of
state and uniform regulations applicable to in state and out of state
laboratories.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.