Senate Bill S5190

2009-2010 Legislative Session

Allows clinical labs to provide biological data analysis services

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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

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2009-S5190 (ACTIVE) - Details

See Assembly Version of this Bill:
A7820
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §576-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1728
2013-2014: A714

2009-S5190 (ACTIVE) - Summary

Allows clinical labs to provide biological data analysis services upon the request of the person on whom the service is to be performed for personal genomics or biological data collection.

2009-S5190 (ACTIVE) - Sponsor Memo

2009-S5190 (ACTIVE) - Bill Text download pdf 

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

                                  5190

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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 clinical laborato-
  ries and biological data analysis

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

  Section 1. Section 576-b of the public health law, as added by chapter
572 of the laws of 2002, is amended to read as follows:
  S  576-b.  Performance  of  certain  clinical laboratory services upon
request. 1. (A) A clinical laboratory may perform a clinical  laboratory
service  (including  accepting  a specimen or assignment for examination
and rendering a report), that it is otherwise allowed to  perform,  upon
the  request  of  the  person on whom the service is to be performed and
render a report directly to the person, where the  service  is  for  the
same  purpose  as  a test or collection device that has been approved or
cleared by the Food and Drug Administration of the United States Depart-
ment of Health and Human Services for sale or distribution to the public
on a direct or over-the-counter basis  without  a  prescription  from  a
qualified health care practitioner.
  (B)  IN  ADDITION  TO ANY CLINICAL LABORATORY SERVICE AUTHORIZED UNDER
PARAGRAPH (A) OF THIS SUBDIVISION, A CLINICAL LABORATORY MAY  PERFORM  A
CLINICAL  LABORATORY  SERVICE (INCLUDING ACCEPTING A SPECIMEN OR ASSIGN-
MENT FOR EXAMINATION AND RENDERING  A  REPORT),  THAT  IT  IS  OTHERWISE
ALLOWED  TO  PERFORM, UPON THE REQUEST OF THE PERSON ON WHOM THE SERVICE
IS TO BE PERFORMED FOR PERSONAL GENOMICS OR BIOLOGICAL DATA COLLECTION.
  2. All services conducted pursuant to this section shall  comply  with
the  standards  for  testing  established by the department and with any
other laws of this state, including requirements for confidentiality and
pre-test and post-test counseling.
  3. [The] (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS  SUBDIVISION,
THE  results  of  any  test  conducted pursuant to this section shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11161-01-9

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