S T A T E O F N E W Y O R K
________________________________________________________________________
598
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. JAFFEE, LUPARDO, LANCMAN, BURLING, BOYLAND,
GUNTHER, SCHROEDER -- Multi-Sponsored by -- M. of A. CALHOUN,
JEFFRIES, P. LOPEZ, PHEFFER, WEISENBERG -- read once and referred 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03989-01-1
A. 598 2
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.