Assembly Bill A11256

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11256
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
   read once and referred to the Committee on Higher Education
 
 AN ACT to amend the public health law and the education law, in relation
   to  including  certain  pharmacists  as  qualified health care profes-
   sionals and authorizing such pharmacists to complete a waived test

   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
 amended by chapter 444 of the laws  of  2013,  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, PHARMACIST  CONSISTENT  WITH  THE  LIMITATIONS
 ESTABLISHED  IN SUBDIVISION (W) OF SECTION TWO HUNDRED SIX OF THIS CHAP-
 TER, physician assistant, specialist assistant, nurse  practitioner,  or
 midwife, who is licensed and registered with the state education depart-
 ment.
   § 2. Subdivision 1 of section 579 of the public health law, as amended
 by chapter 376 of the laws of 2015, 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, PHARMACIST CONSISTENT WITH THE LIMITATIONS  ESTAB-
 LISHED IN SUBDIVISION (W) OF SECTION TWO HUNDRED SIX OF THIS CHAPTER, 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.
   § 3. Section 6801 of the education law is  amended  by  adding  a  new
 subdivision 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16239-01-8

 A. 11256                            2
 
   6.  A LICENSED PHARMACIST, MAY COMPLETE A "WAIVED TEST", AS DEFINED IN
 SUBDIVISION FIVE OF SECTION  FIVE  HUNDRED  SEVENTY-ONE  OF  THE  PUBLIC
 HEALTH LAW.
   §  4. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) ESTABLISH A LIST OF CLIA-WAIVED TESTS THAT  MAY  BE  PERFORMED  BY
 PHARMACISTS  LICENSED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-SEVEN OF THE
 EDUCATION LAW.  THIS LIST SHALL INCLUDE, BUT IS NOT LIMITED TO, OPIOIDS,
 INFLUENZA TYPE-A/B, STREP TYPE-A, HEPATITIS  C,  HUMAN  IMMUNODEFICIENCY
 VIRUS, AND BLOOD GLUCOSE. IN CONNECTION WITH SPECIFIC TESTS, THE COMMIS-
 SIONER  SHALL  ESTABLISH PROTOCOLS BETWEEN HEALTH CARE PRACTITIONERS AND
 PHARMACISTS, AS APPROPRIATE.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  6801  of the education law made by section
 three of this act shall not affect the expiration of  such  section  and
 shall be deemed to expire therewith.