NY State Senate Bill 2019-S5092

Senate Bill S5092

2019-2020 Legislative Session

Includes certain pharmacists as qualified health care professionals and authorizing such pharmacists to complete a waived test

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 27, 2020	advanced to third reading
Jan 23, 2020	2nd report cal.
Jan 22, 2020	1st report cal.265
Jan 08, 2020	referred to health
Jun 20, 2019	committed to rules
May 29, 2019	advanced to third reading
May 22, 2019	2nd report cal.
May 21, 2019	1st report cal.839
Apr 09, 2019	referred to health

Votes

- Jan 22, 2020 - Health Committee Vote
  S5092
  
  11
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 22, 2020
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      aye wr (4)
      
      Gallivan
      
      Jacobs
      
      Ortt
      
      Ritchie
  May 21, 2019 - Health Committee Vote
  S5092
  
  11
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 21, 2019
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      aye wr (4)
      
      Antonacci
      
      Gallivan
      
      Jacobs
      
      Ritchie

co-Sponsors

2019-S5092 (ACTIVE) - Details

See Assembly Version of this Bill:: A3867
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§571, 579 & 206, Pub Health L; amd §6801, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11256
2021-2022: S2529, A3033
2023-2024: S3467, A6627

2019-S5092 (ACTIVE) - Summary

Includes certain pharmacists as qualified health care professionals and authorizes such pharmacists to complete a waived test and directs the commissioner of health to establish a list of CLIA-waived tests.

2019-S5092 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5092

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law and the educa-
tion law, in relation to including certain pharmacists as qualified
health care professionals and authorizing such pharmacists to complete a
waived test

 
PURPOSE:

The bill adds pharmacists to the list of licensed health care profes-
sionals authorized under public health law to perform non-invasive labo-
ratory tests as an adjunct to their professional services.  Pharmacies
provide convenient and flexible points of access to the healthcare
system. This legislation authorizes pharmacists to perform non-invasive
tests that are specified in regulations issued by the Commissioner of
Health.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends paragraph 6 of section 571 of Public

Health Law (Clinical Laboratory and Blood Banking Services) to add phar-
macists to the list of licensed health care professionals who are quali-
fied to perform clinical laboratory tests that do not use an invasive
modality.

Section two of the bill amends paragraph 1 of section 579 of the Public
Health Law to exempt clinical laboratories and blood banks operated by
pharmacists consistent with the limitations to be established in subdi-
vision (w) of section 2016 of Public Health Law.

Section three of the bill amends paragraph 6 of section 6801 of the
Education Law, which expands the scope of practice of pharmacists to
include performing the non-invasive tests as authorized by the Commis-
sioner of Health under relevant sections of Public Health Law.

Section four of the bill adds a new paragraph (w) of section 206 of
Public Health Law (Duties of the Commissioner) to authorize the Commis-
sioner to establish the list of CLIA-waived tests that pharmacists may
perform and establish the requirements for pharmacists reporting test
results to primary care physicians.

Section five establishes the effective date.

 
JUSTIFICATION:

New York lags far behind the rest of the country with regard to the
scope of practice for pharmacists. According to the National Association
of the Boards of Pharmacy 39 states currently permit pharmacists to
perform non-invasive FDA-approved tests that are commonly described as
CLIA-waived tests. These are simple, low-risk tests available without a
prescription or medical order.

Pharmacists are licensed clinicians who are uniquely situated to advance
New York's public health objectives. Their non-threatening presence in
community pharmacies represents an opportunity to engage members of the
public that otherwise might not be reached. Authorizing the Commissioner
of Health to specify the tests that a pharmacist would perform both

limits the actual tests to be performed by pharmacists and provides
needed flexibility to respond to public health needs and programs.

This legislation can improve therapeutic outcomes and quality of care
overall. As mentioned, pharmacists are well-positioned to enhance conti-
nuity of care connected to a patient's medical home.

 
LEGISLATIVE HISTORY:

2018: 5.8960 (Griffo)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5092 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5092
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00699-03-9

 S. 5092                             2
 
 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:
   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 BE ESTABLISHED BY THE COMMISSIONER. IN
 CONNECTION WITH SPECIFIC TESTS, THE COMMISSIONER SHALL ESTABLISH  PROTO-
 COLS  BETWEEN  HEALTH CARE PRACTITIONERS AND PHARMACISTS, AS APPROPRIATE
 INCLUDING, BUT NOT LIMITED TO ESTABLISHING REQUIRED COMMUNICATIONS  FROM
 PHARMACISTS TO HEALTHCARE PRACTITIONERS REGARDING TEST RESULTS.
   §  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.   Effective immediately  the  addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed on or before such date.

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Senate Bill S5092

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Sponsored By

Gustavo Rivera