|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Oct 23, 2013||
|Oct 11, 2013||
delivered to governor
|Jun 13, 2013||
returned to assembly
3rd reading cal.1172
substituted for s5539
|Jun 13, 2013||
substituted by a6724b
|Jun 12, 2013||
advanced to third reading
|Jun 11, 2013||
2nd report cal.
|Jun 10, 2013||
1st report cal.1172
|May 16, 2013||
referred to health
senate Bill S5539Signed By Governor
Includes optometrists within provisions relating to clinical laboratories
Archive: Last Bill Status Via A6724 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (11)
Jun 13, 2013 - floor VoteA6724B590floor59Aye0Nay0Absent4Excused0Abstained
show floor vote details
Floor Vote: Jun 13, 2013aye (59)
Jun 10, 2013 - Health committee VoteS5539140committee14Aye0Nay3Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S5539 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§571 & 579, Pub Health L
S5539 - Bill Texts
Includes optometrists within provisions relating to clinical laboratories.
view sponsor memo
TITLE OF BILL: An act to amend the public health law, in relation to
conducting certain clinical laboratory tests
PURPOSE: To authorize persons licensed to practice optometry to
conduct certain clinical laboratory tests.
SUMMARY OF PROVISIONS: Amends Public Health Law § 571(6) to add
optometrists to the definition of "qualified health care
professional." Being, added to this definition will authorize
optometrists to perform certain clinical laboratory tests that do not
use an invasive modality as defined in section 7101 of the education
law when a Limited Testing Registration is issued by the Department of
Health under § 579.
Amends Public Health Law § 579(1) to add optometrists to the list of
health care professionals who may conduct certain clinical laboratory
tests that do not use an invasive modality as defined in section 7101
of the education law, without a clinical laboratory permit, provided
such tests are solely as an adjunct to the treatment of their
patients. (Section 579 uses the defined term "qualified health care
professional." but also lists those professionals in this
EXISTING LAW: Public Health Law § 579 provides that licensed
physicians, osteopaths, dentists, midwives, nurse practitioners, and
podiatrists who perform laboratory procedures as part of the treatment
of their patients within their scope of practice do not require a
clinical laboratory license. The law requires that they obtain a
Certificate of Waiver and Limited Testing Registration from the Health
Department. They may only perform those tests authorized by the
JUSTIFICATION: In 1995, optometrists were provided expanded statutory
authority related to the diagnosis and treatment of eye disease.
Current law still requires optometrists to refer their patients to
other statutorily-listed practitioners in order to perform clinical
laboratory tests. The purpose of this bill is to improve the diagnosis
and treatment of eye disease by providing optometrists with the
authority to perform non-invasive clinical laboratory tests relevant
to the diagnosis and treatment of their patients within their scope of
The federal Clinical Laboratory Improvement Act (CLIA) of 1988 and
state law require certain proficiency standards, testing requirements
and inspections depending on the type of tests undertaken. However,
these laws also recognize that many tests are performed by healthcare
professionals as part of patient examinations. Accordingly, federal
and state laws exempt from the clinical laboratory requirements
certain tests performed by enumerated professionals.
Federal and state laws also exempt certain low or moderate complexity
tests from the clinical laboratory permitting requirement. CLIA
designates several waived tests that may be performed by various
healthcare professionals holding Limited Testing, Registrations from
the Department of Health rather than full clinical laboratory permits.
This bill would add optometrists to the list of those professionals
and would enable them to perform only non-invasive waived tests in
accordance with existing federal and state requirements.
LEGISLATIVE HISTORY: 2009-10: S. 5189, referred to Health
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 5539 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. HANNON -- 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 conducting certain clinical laboratory tests THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 571 of the public health law, as added by chapter 204 of the laws of 2008, is amended to read as follows: 6. "Qualified health care professional" means a physician, dentist, podiatrist, OPTOMETRIST PERFORMING A CLINICAL LABORATORY TEST THAT DOES NOT USE AN INVASIVE MODALITY AS DEFINED IN SECTION SEVENTY-ONE HUNDRED ONE OF THE EDUCATION LAW, physician assistant, specialist assistant, nurse practitioner, or midwife, who is licensed and registered with the state education department. S 2. Subdivision 1 of section 579 of the public health law, as sepa- rately amended by chapters 397 and 440 of the laws of 2004, is amended to read as follows: 1. This title is applicable to all clinical laboratories and blood banks operating within the state, except clinical laboratories and blood banks operated by the federal government and clinical laboratories oper- ated by a licensed physician, osteopath, dentist, midwife, nurse practi- tioner, OPTOMETRIST PERFORMING A CLINICAL LABORATORY TEST THAT DOES NOT USE AN INVASIVE MODALITY AS DEFINED IN SECTION SEVENTY-ONE HUNDRED ONE OF THE EDUCATION LAW or podiatrist 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; to the extent authorized by federal and state law, including the education law, and consistent with any applicable written practice agreement. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10148-02-3
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