S T A T E O F N E W Y O R K
________________________________________________________________________
7932
I N S E N A T E
May 26, 2016
___________
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, in relation to the licensure of
pathologists' assistants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 168 to
read as follows:
ARTICLE 168
LICENSED PATHOLOGISTS' ASSISTANTS
SECTION 8850. DEFINITIONS.
8851. PRACTICE AS PATHOLOGISTS' ASSISTANT AND USE OF THE TITLE
"PATHOLOGISTS' ASSISTANT".
8852. REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT.
8853. SPECIAL PROVISIONS; ELIGIBILITY.
8854. STATE COMMITTEE FOR PATHOLOGISTS' ASSISTANTS.
8855. LIMITED PERMITS.
8856. EXEMPTIONS AND EXEMPT PERSONS.
S 8850. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM "PATHOLO-
GISTS' ASSISTANT" MEANS A PERSON LICENSED TO ASSIST PHYSICIANS WHO PRAC-
TICE PATHOLOGY BY PROVIDING SERVICES WITHIN THE PERMITTED SCOPE OF PRAC-
TICE FOR PATHOLOGISTS' ASSISTANTS AS DEFINED IN SUBDIVISION FOUR OF THIS
SECTION. ALL SUCH SERVICES SHALL BE PERFORMED UNDER THE DIRECTION AND
SUPERVISION OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY.
2. THE TERM "DIRECTION AND SUPERVISION" MEANS CONTINUOUS DIRECTION AND
SUPERVISION, BUT SHALL NOT BE CONSTRUED AS NECESSARILY REQUIRING THE
PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN AT THE TIME AND PLACE
WHERE SUCH SERVICES ARE PERFORMED.
3. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE LICENSED TO
PRACTICE MEDICINE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS
TITLE.
4. THE TERM "SCOPE OF PRACTICE FOR PATHOLOGISTS' ASSISTANTS" MEANS THE
PROVISION OF THE FOLLOWING SERVICES UNDER THE DIRECTION AND SUPERVISION
OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY: (A) PREPARING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15626-01-6
S. 7932 2
GROSS TISSUE SECTIONS FOR PATHOLOGY ANALYSIS, INCLUDING BUT NOT LIMITED
TO, CUTTING, STAINING AS REQUIRED, DESCRIBING GROSS ANATOMIC FEATURES,
DISSECTING SURGICAL SPECIMENS, AND SUBMITTING TISSUES FOR BIO-BANKING,
HISTOLOGIC PROCESSING, OR OTHER ANALYSES; (B) PERFORMING HUMAN POSTMOR-
TEM EXAMINATIONS, INCLUDING BUT NOT LIMITED TO, SELECTION OF TISSUES AND
FLUIDS FOR FURTHER EXAMINATION, EXTERNAL EXAMINATION, DISSECTION, AND
GATHERING AND RECORDING INFORMATION FOR AUTOPSY REPORTS; AND (C) OTHER
FUNCTIONS AND RESPONSIBILITIES IN FURTHERANCE OF AND CONSISTENT WITH THE
FOREGOING AS DETERMINED BY THE DEPARTMENT. THE TERM DOES NOT INCLUDE THE
AUTHORITY TO DIAGNOSE OR PROVIDE A MEDICAL OPINION. SERVICES OF A
PATHOLOGISTS' ASSISTANT MUST BE PERFORMED IN A LABORATORY OR OTHER SITE
AUTHORIZED UNDER LAW TO PERFORM SUCH SERVICES.
5. THE TERM "COMMITTEE" MEANS THE STATE COMMITTEE FOR PATHOLOGISTS'
ASSISTANTS CREATED BY THIS ARTICLE.
S 8851. PRACTICE AS PATHOLOGISTS' ASSISTANT AND USE OF THE TITLE
"PATHOLOGISTS' ASSISTANT". ONLY PERSONS LICENSED OR OTHERWISE AUTHORIZED
TO PRACTICE AS A PATHOLOGISTS' ASSISTANT UNDER THIS ARTICLE SHALL PRAC-
TICE PATHOLOGIST ASSISTING OR USE THE TITLE "PATHOLOGISTS' ASSISTANT" OR
THE TERM "PATHOLOGISTS' ASSISTANT" ALONE OR IN COMBINATION WITH OTHER
TERMS AND PHRASES IN DESCRIBING THEIR SERVICES AND ACTIVITIES OR THE
DESIGNATION "PATH A".
S 8852. REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT. TO
QUALIFY FOR LICENSURE AS A "LICENSED PATHOLOGISTS' ASSISTANT", AN APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: RECEIVE AN EDUCATION, INCLUDING A BACHELOR'S OR HIGHER
DEGREE IN PATHOLOGISTS' ASSISTANT, GRANTED ON THE BASIS OF COMPLETION OF
A PROGRAM OF PATHOLOGISTS' ASSISTANT REGISTERED WITH THE DEPARTMENT OR
THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
3. EXAMINATION: OBTAIN A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO
THE DEPARTMENT;
4. AGE: AT THE TIME OF APPLICATION BE AT LEAST TWENTY-ONE YEARS OF
AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
S 8853. SPECIAL PROVISIONS; ELIGIBILITY. AN INDIVIDUAL WHO MEETS THE
REQUIREMENTS FOR A LICENSE AS A LICENSED PATHOLOGISTS' ASSISTANT EXCEPT
FOR EXAMINATION AND EDUCATION AND WHO HAS BEEN PERFORMING THE DUTIES OF
A PATHOLOGISTS' ASSISTANT FOR TWO OF THE FIVE YEARS PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE MAY BE LICENSED WITHOUT MEETING ADDITIONAL
REQUIREMENTS, PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO
THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE.
FOR THIS PURPOSE, THE APPLICANT'S SUPERVISING PHYSICIANS MUST ATTEST TO
THE APPLICANT'S EXPERIENCE AND COMPETENCE.
S 8854. STATE COMMITTEE FOR PATHOLOGISTS' ASSISTANTS. 1. A STATE
COMMITTEE FOR PATHOLOGISTS' ASSISTANTS SHALL BE APPOINTED BY THE BOARD
OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AS A COMMITTEE OF
THE BOARD OF MEDICINE TO ADVISE SOLELY ON MATTERS RELATING TO PATHOLO-
GISTS' ASSISTANTS AND SHALL ASSIST ON MATTERS OF LICENSURE AND PROFES-
SIONAL CONDUCT. THE PATHOLOGISTS' ASSISTANT MEMBERS OF THE INITIAL
COMMITTEE NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT BUT SHALL HAVE
MET ALL OTHER REQUIREMENTS OF LICENSING PURSUANT TO SECTION EIGHTY-EIGHT
S. 7932 3
HUNDRED FIFTY-THREE OF THIS ARTICLE EXCEPT THE FILING OF AN APPLICATION
AND PAYING A FEE.
2. THE COMMITTEE SHALL CONSIST OF NO FEWER THAN FIVE INDIVIDUALS, TO
BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
(A) ONE LICENSED PHYSICIAN WHO PRACTICES PATHOLOGY;
(B) THREE LICENSED PATHOLOGISTS' ASSISTANTS; AND
(C) ONE PUBLIC REPRESENTATIVE.
S 8855. LIMITED PERMITS. 1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
REQUIREMENTS FOR LICENSURE AS A PATHOLOGISTS' ASSISTANT EXCEPT THAT
RELATING TO THE EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PATHOLOGISTS' ASSISTANT ONLY UNDER THE DIRECTION AND SUPERVISION OF A
LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY AND PURSUANT TO THE
ORDER AND DIRECTION OF THAT LICENSED PHYSICIAN.
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE. A LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL YEAR FOR
GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE DETERMINED BY THE
DEPARTMENT.
S 8856. EXEMPTIONS AND EXEMPT PERSONS. THIS ARTICLE SHALL NOT PROHIB-
IT:
1. THE PERFORMANCE OF ANY TASKS OR RESPONSIBILITIES BY ANY STUDENT
ENGAGED IN CLINICAL TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, PROVIDED SUCH PRACTICE IS
LIMITED TO CLINICAL TRAINING THAT SHALL BE CARRIED OUT UNDER THE DIRECT
SUPERVISION OF A LICENSED PHYSICIAN WHO PRACTICES ANATOMIC PATHOLOGY; OR
2. THE PERFORMANCE OF ANY TASKS OR RESPONSIBILITIES BY ANY PERSON
LICENSED UNDER THIS TITLE, PROVIDED SUCH TASKS OR RESPONSIBILITIES ARE
PERMITTED BY THE ARTICLE GOVERNING THE PROFESSION PURSUANT TO WHICH SUCH
PERSON IS LICENSED; OR
3. THE PERFORMANCE OF ANY TASKS OR RESPONSIBILITIES BY ANY LEGALLY
QUALIFIED PATHOLOGISTS' ASSISTANTS OF ANY OTHER STATE OR TERRITORY WHO
IS SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF THE
UNITED STATES OR WHO IS EMPLOYED BY THE VETERANS ADMINISTRATION, WHILE
ENGAGED IN THE PERFORMANCE OF HIS OR HER DUTIES; OR
4. THE PERFORMANCE OF ANY TASKS AND RESPONSIBILITIES BY ANY INDIVIDUAL
LEGALLY CARRYING OUT THE EXAMINATIONS AND TESTS ENUMERATED IN SUBDIVI-
SION TWO OF SECTION FIVE HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW.
S 2. This act shall take effect one year after it shall have become
law, provided, however, that section 8852 of the education law as added
by section one of this act shall take effect two years after this act
shall have become law; provided, further, that the department of educa-
tion is authorized to promulgate regulations that may be required and to
take other measures necessary to implement this article prior to the
effective date of this act, including appointment of the state committee
for pathologists' assistants, and acceptance and processing of applica-
tions for licensure.
