S T A T E O F N E W Y O R K
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1808
2019-2020 Regular Sessions
I N S E N A T E
January 16, 2019
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Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to clinical laborato-
ry supervision
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
576-d to read as follows:
§ 576-D. CLINICAL LABORATORY SUPERVISION. 1. EACH CLINICAL LABORATORY
SHALL HAVE ONE OR MORE SUPERVISORS WHO SHALL, UNDER THE GENERAL DIREC-
TION OF THE DIRECTOR, SUPERVISE THE TECHNICAL PERSONNEL AND REPORTING OF
FINDINGS, PERFORM TESTS REQUIRING SPECIAL SCIENTIFIC SKILLS, AND, IN THE
ABSENCE OF THE DIRECTOR, BE RESPONSIBLE FOR THE PROPER PERFORMANCE OF
ALL LABORATORY PROCEDURES.
2. A DIRECTOR WHO QUALIFIES AS PROVIDED IN REGULATIONS PROMULGATED
PURSUANT TO SECTION FIVE HUNDRED SEVENTY-THREE OF THIS TITLE SHALL ALSO
BE DEEMED QUALIFIED AS A SUPERVISOR.
3. DEPENDING UPON THE SIZE AND FUNCTIONS OF THE CLINICAL LABORATORY,
THE DEPARTMENT MAY AUTHORIZE THE DIRECTOR TO ALSO SERVE AS THE SUPERVI-
SOR OF SUCH LABORATORY.
4. THE SUPERVISOR SHALL BE ON THE CLINICAL LABORATORY PREMISES OR
AVAILABLE BY PHONE OR SYNCHRONOUS TWO-WAY ELECTRONIC AUDIO VISUAL COMMU-
NICATIONS IN ACCORDANCE WITH ANY APPLICABLE REGULATIONS MADE BY THE
DEPARTMENT; PROVIDED, THAT IF THE SUPERVISOR IS NOT ON THE LABORATORY
PREMISES AND THE PERSON PERFORMING THE TEST QUALIFIES AS A MEDICAL TECH-
NOLOGIST AS PROVIDED IN REGULATIONS PROMULGATED PURSUANT TO SECTIONS
FIVE HUNDRED SEVENTY-FOUR AND FIVE HUNDRED SEVENTY-SIX OF THIS TITLE,
AND THIRTY-ONE HUNDRED TWENTY-ONE OF THIS CHAPTER, THE RESULTS OF HIS OR
HER WORK ARE REVIEWED BY THE SUPERVISOR OR DIRECTOR DURING HIS OR HER
NEXT DUTY PERIOD, AND A RECORD IS MAINTAINED TO REFLECT THE ACTUAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03863-01-9
S. 1808 2
REVIEW; AND, PROVIDED FURTHER, THAT A SUPERVISOR SHALL NOT SUPERVISE
MORE THAN FIVE LABORATORIES.
5. AN INDIVIDUAL WHO QUALIFIES AS A SUPERVISOR AS PROVIDED IN REGU-
LATIONS PROMULGATED PURSUANT TO SECTIONS FIVE HUNDRED SEVENTY-FOUR AND
FIVE HUNDRED SEVENTY-SIX OF THIS TITLE, AND THIRTY-ONE HUNDRED TWENTY-
ONE OF THIS CHAPTER SHALL SUPERVISE TECHNICAL PERSONNEL IN THE SPECIALTY
OF CYTOLOGY ONLY.
§ 2. This act shall take effect immediately.