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.