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

                                  3442

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 22, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- 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  TWELVE,  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
EDUCATION  FOR  OUT-OF-STATE  CLINICAL LABORATORY PRACTITIONERS, AND (B)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03989-01-1
              

S. 3442                             2

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.