S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4425--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education -- recom-
   mitted to the Committee on Higher Education in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law and the public health law, in relation
   to out-of-state clinical laboratory practitioners
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  8607 of the education law is amended by adding a
 new subdivision 4 to read as follows:
   4. PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED SEVENTY-SIX OF
 THE PUBLIC HEALTH LAW, THE COMMISSIONER SHALL CONSULT WITH  THE  COMMIS-
 SIONER  OF HEALTH ON (A) THE ESTABLISHMENT OF STANDARDS OF EDUCATION FOR
 OUT-OF-STATE CLINICAL  LABORATORY  PRACTITIONERS,  AND  (B)  DETERMINING
 WHETHER  THE  EDUCATIONAL  COMPONENTS  OF OTHER JURISDICTIONS' PERSONNEL
 LICENSING  PROGRAMS  ARE  SIGNIFICANTLY  COMPARABLE  TO  THE   EDUCATION
 REQUIREMENTS  ESTABLISHED BY THE DEPARTMENT IN PARAGRAPH (B) OF SUBDIVI-
 SION ONE OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (B)  OF  SUBDIVI-
 SION  TWO OF SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION TWO OF SECTION
 EIGHTY-SIX HUNDRED  SIX,  AND  SUBDIVISION  TWO  OF  SECTION  EIGHTY-SIX
 HUNDRED SIX-A OF THIS ARTICLE.
   §  2.  Section 576 of the public health law is amended by adding a new
 subdivision 9 to read as follows:
   9. BY JULY FIRST, TWO THOUSAND NINETEEN, THE  DEPARTMENT  SHALL  ADOPT
 REGULATIONS  THAT ESTABLISH QUALIFICATIONS FOR CLINICAL LABORATORY PRAC-
 TITIONERS PRACTICING IN OUT-OF-STATE LABORATORIES  LICENSED  UNDER  THIS
 ARTICLE  THAT ARE SUBSTANTIALLY EQUIVALENT TO QUALIFICATIONS ESTABLISHED
 BY THE EDUCATION DEPARTMENT, INCLUDING THE REQUIREMENT FOR  AN  EXAMINA-
 TION  ISSUED BY A RECOGNIZED ACCREDITING ORGANIZATION THAT IS SIMILAR TO
 THOSE EXAMS ADMINISTERED BY THE EDUCATION DEPARTMENT UNDER  ARTICLE  ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09623-03-8

 S. 4425--A                          2
 
 HUNDRED  SIXTY-FIVE  OF  THE  EDUCATION  LAW.   IN CONSULTATION WITH THE
 EDUCATION DEPARTMENT, THE DEPARTMENT SHALL (A)  ESTABLISH  STANDARDS  OF
 EDUCATION  FOR  OUT-OF-STATE  CLINICAL LABORATORY PRACTITIONERS, AND (B)
 DETERMINE  WHETHER  THE  EDUCATIONAL  COMPONENTS OF OTHER JURISDICTIONS'
 PERSONNEL LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE  EDUCA-
 TIONAL  REQUIREMENTS  IN  SECTIONS  EIGHTY-SIX  HUNDRED FIVE, EIGHTY-SIX
 HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
   § 3. The opening paragraph of subdivision 2  of  section  575  of  the
 public health law is designated paragraph (a) and a new paragraph (b) is
 added to read as follows:
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 COMMISSIONER SHALL REQUIRE AN ATTESTATION FROM THE DIRECTOR OF  A  CLIN-
 ICAL  LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR SEEK-
 ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
 ERS, AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION  LAW,
 PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
 SPECIMENS,  UNLESS  EXEMPT  FROM  LICENSURE OR CERTIFICATION PURSUANT TO
 SECTION EIGHTY-SIX HUNDRED NINE OF THE EDUCATION LAW, WHO  DO  NOT  HOLD
 THE  APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT TO
 ARTICLE ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE  STANDARDS
 AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
 SEVENTY-SIX  OF  THIS  TITLE.    IF A HEALTH DEPARTMENT IN ANOTHER STATE
 CONDUCTS AN INSPECTION OF  AN  OUT-OF-STATE  CLINICAL  LABORATORY,  SUCH
 STATE SHALL SEND SUCH INFORMATION TO THE DEPARTMENT.  RECORDS OF ON-SITE
 REVIEWS OF CREDENTIALS WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE
 DEPARTMENT.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.