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.