S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8702--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 5, 2017
                                ___________
 
 Introduced by M. of A. D'URSO -- read once and referred to the Committee
   on  Higher  Education -- recommitted to the Committee on Higher Educa-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the education law, in relation to phlebotomists
 
   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 169 to
 read as follows:
                                ARTICLE 169
                                PHLEBOTOMY
 SECTION 8900. INTRODUCTION.
         8901. DEFINITIONS.
         8902. DEFINITION OF THE PRACTICE OF "PHLEBOTOMY".
         8903. THE PRACTICE OF AND USE OF THE TITLE "CERTIFIED PHLEBOTOMY
                 TECHNICIAN".
         8904. REQUIREMENTS AND PROCEDURES FOR CERTIFICATION.
         8905. SPECIAL PROVISIONS.
         8906. LIMITED PERMITS.
         8907. EXEMPTIONS.
         8908. STATE BOARD FOR PHLEBOTOMY TECHNICIANS.
   § 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION AND PRAC-
 TICE OF PHLEBOTOMY AND TO THE USE OF  THE  TITLE  "CERTIFIED  PHLEBOTOMY
 TECHNICIAN".  THE  GENERAL  PROVISIONS  FOR ALL PROFESSIONS CONTAINED IN
 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   § 8901. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "CERTIFIED PHLEBOTOMY TECHNICIAN" MEANS AN INDIVIDUAL WHO PERFORMS
 PHLEBOTOMY PROCEDURES  AND  HAS  MET  RECOGNIZED  MINIMUM  TRAINING  AND
 CERTIFICATION STANDARDS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13423-02-8

 A. 8702--A                          2
 
   2.  "INDWELLING  LINES" MEANS PREVIOUSLY-EXISTING ACCESS LINES SUCH AS
 CATHETERS FOR INTRAVENOUS THERAPY, SHUNTS  FOR  DIALYSIS,  AND  ARTERIAL
 LINES.
   3.  "PHLEBOTOMIST  OR  PHLEBOTOMY  TECHNICIAN" MEANS AN INDIVIDUAL WHO
 PERFORMS PHLEBOTOMY PROCEDURES.
   4. "PHLEBOTOMY OR A PHLEBOTOMY PROCEDURE" MEANS THE CLINICAL PROCEDURE
 PERFORMED BY A PHLEBOTOMIST FOR THE PURPOSE  OF  WITHDRAWING  BLOOD  FOR
 CLINICAL LABORATORY TESTING.
   5. "VENIPUNCTURE" MEANS THE INSERTION OF A HOLLOW NEEDLE INTO A VEIN.
   6. "VENIPUNCTURE   PROCEDURE"   MEANS   A  PROCEDURE,  IN  PHLEBOTOMY,
 PERFORMED FOR THE PURPOSE OF WITHDRAWING A SAMPLE OF  VENOUS  BLOOD  FOR
 TESTING.
   §  8902.  DEFINITION  OF THE PRACTICE OF "PHLEBOTOMY". THE PRACTICE OF
 PHLEBOTOMY BY A "CERTIFIED PHLEBOTOMY TECHNICIAN" SHALL MEAN  THE  CLIN-
 ICAL  PROCEDURE  PERFORMED  BY A CERTIFIED PHLEBOTOMY TECHNICIAN FOR THE
 PURPOSE OF WITHDRAWING BLOOD FOR CLINICAL LABORATORY TESTING.
   § 8903. THE PRACTICE OF AND USE OF  THE  TITLE  "CERTIFIED  PHLEBOTOMY
 TECHNICIAN".  ONLY A PERSON CERTIFIED OR EXEMPT UNDER THIS ARTICLE SHALL
 PRACTICE PHLEBOTOMY. ONLY A PERSON CERTIFIED UNDER  THIS  ARTICLE  SHALL
 USE THE TITLE "CERTIFIED PHLEBOTOMY TECHNICIAN".
   §  8904.  REQUIREMENTS AND PROCEDURES FOR CERTIFICATION. 1. TO QUALIFY
 FOR CERTIFICATION AS A CERTIFIED  PHLEBOTOMY  TECHNICIAN,  AN  APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
 HIGHER DEGREE FROM A PROGRAM REGISTERED BY THE DEPARTMENT OR  DETERMINED
 BY  THE  DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT THEREOF, IN ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS;
   (C) EXPERIENCE: HAVE EXPERIENCE IN THE PRACTICE OF  PHLEBOTOMY  SATIS-
 FACTORY  TO  THE BOARD AND THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
 SIONER'S REGULATIONS;
   (D) EXAMINATION: PASS AN EXAMINATION ACCEPTABLE TO THE BOARD  AND  THE
 DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT AND SUBMIT AN ATTESTATION OF MORAL CHARACTER; AND
   (G) FEE: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS FOR AN INITIAL CERTIF-
 ICATION  AND  A FEE OF SEVENTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRA-
 TION PERIOD.
   2. THE COMMISSIONER SHALL REQUIRE FOR CERTIFICATION THAT THE APPLICANT
 HAS COMPLETED:
   (A) LECTURES AND INSTRUCTIONS ON: (I)  PERTINENT  ANATOMY,  PHYSIOLOGY
 AND  HISTOLOGY; (II) PROPER SKIN-PUNCTURE PROCEDURE AND TECHNIQUE; (III)
 PROPER VENIPUNCTURE PROCEDURE AND TECHNIQUE; (IV) POST-PUNCTURE  PATIENT
 CARE;  (V)  CHOICE  OF  EQUIPMENT;  (VI) COMMON LABORATORY TESTS, TUBES,
 ADDITIVES;  (VII)  INDWELLING  LINES;  (VIII)  INFECTION   CONTROL   AND
 ISOLATION  PROCEDURES;  (IX)  HAZARDS AND COMPLICATIONS; AND (X) CARE OF
 SPECIMEN; AND
   (B) A DOCUMENTED PERFORMANCE OF AT LEAST THREE SUCCESSFUL VENIPUNCTURE
 PROCEDURES.
   § 8905. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
 FOR CERTIFICATION AS A CERTIFIED PHLEBOTOMY TECHNICIAN, EXCEPT FOR EXAM-
 INATION, EXPERIENCE AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY
 A  NATIONAL  CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION STAND-
 ARDS ACCEPTABLE TO THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITH-
 OUT MEETING ADDITIONAL REQUIREMENTS AS TO  EXAMINATION,  EXPERIENCE  AND

 A. 8702--A                          3
 
 EDUCATION,  PROVIDED  THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE
 DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   §  8906.  LIMITED  PERMITS.  THE  FOLLOWING REQUIREMENTS FOR A LIMITED
 PERMIT SHALL APPLY TO ALL PROFESSIONS CERTIFIED PURSUANT TO  THIS  ARTI-
 CLE:
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL  QUALIFICATIONS  FOR  CERTIFICATION,  EXCEPT  THE EXAMINATION AND/OR
 EXPERIENCE REQUIREMENTS,  IN  ACCORDANCE  WITH  REGULATIONS  PROMULGATED
 THEREFOR.
   2.  LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY BE
 RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3. THE FEE FOR EACH LIMITED PERMIT  AND  FOR  EACH  RENEWAL  SHALL  BE
 SEVENTY DOLLARS.
   4.  A  LIMITED  PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS
 DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 8907.  EXEMPTIONS.  NOTHING  CONTAINED  IN  THIS  ARTICLE  SHALL  BE
 CONSTRUED  TO  LIMIT  THE  SCOPES  OF  PRACTICE  OF ANY OTHER PROFESSION
 LICENSED UNDER THIS TITLE.
   § 8908. STATE BOARD FOR PHLEBOTOMY TECHNICIANS. 1. A STATE  BOARD  FOR
 PHLEBOTOMY  TECHNICIANS  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON
 THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST  ON  MATTERS  OF
 LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE
 HUNDRED  EIGHT  OF THIS TITLE. AN EXECUTIVE SECRETARY OF THE BOARD SHALL
 BE APPOINTED BY THE BOARD OF REGENTS  UPON  THE  RECOMMENDATION  OF  THE
 COMMISSIONER.
   2. THE BOARD SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF THE
 FOLLOWING:
   (A) FIVE CERTIFIED PHLEBOTOMY TECHNICIANS; AND
   (B)  TWO PUBLIC REPRESENTATIVES, AS DEFINED IN PARAGRAPH B OF SUBDIVI-
 SION ONE OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE.
   § 2. If any section of article 169 of the education law, as  added  by
 section one of this act, or part thereof, shall be adjudged by any court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair or invalidate the remainder of any other section or part thereof.
   §  3. This act shall take effect July 1, 2018; provided that effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized and directed to be made and completed on  or  before
 such effective date.