S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3033
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of A. McDONALD, SAYEGH, ASHBY, SOLAGES, GALEF, GOTT-
   FRIED, WALLACE, SCHMITT, SEAWRIGHT -- Multi-Sponsored by -- M.  of  A.
   TAGUE -- read once and referred to the Committee on Higher Education
 
 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.
              

                                                            LBD01860-01-1

 A. 3033                             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.