NY State Senate Bill 2023-S3467A

Current Bill Status - On Floor Calendar

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
Jan 24, 2024	advanced to third reading
Jan 23, 2024	2nd report cal.
Jan 22, 2024	1st report cal.167
Jan 03, 2024	referred to health
Dec 27, 2023	print number 3467a
Dec 27, 2023	amend (t) and recommit to health
Jan 31, 2023	referred to health

Votes

- Jan 22, 2024 - Health Committee Vote
  S3467A
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 22, 2024
      
      aye (13)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Stec
      
      Webb
      
      aye wr (2)
      
      Rhoads
      
      Thomas

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2023-S3467 - Details

See Assembly Version of this Bill:: A6627
Law Section:: Public Health Law
Laws Affected:: Amd §6801, Ed L; amd Part C §8, Chap 57 of 2022
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11256
2019-2020: S5092, A3867
2021-2022: S2529, A3033

2023-S3467 - Summary

Allows a licensed pharmacist to order and administer certain tests.

2023-S3467 - Sponsor Memo

                                 
BILL NUMBER: S3467

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law and the education 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 healthcare profes-
sionals authorized under the public health law to perform non-invasive
laboratory tests, as specified in regulations issued by the Commissioner
of Health, as an adjunct to their professional services.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph 6 of section 571 of the Public Health Law,
regarding Clinical Laboratory and Blood Banking Services, to include
pharmacists on the list of licensed healthcare professionals who are
qualified to perform clinical laboratory tests that do not use an inva-

sive modality.

Section 2 of the bill amends subdivision 1 of section 579 of the Public
Health Law, pertaining to scope and exceptions, to exempt clinical labo-
ratories operated by the federal government and blood banks operated by
pharmacists, consistent with the limitations to be established in subdi-
vision (w) of section 206 of this chapter.

Section 3 adds a new subdivision 9 to section 6801 of the Education Law,
pertaining to the definition of practice of pharmacy, to expand the
scope of practice for a licensed pharmacist to perform a "waived test."

Section 4 adds a new paragraph (w) to section 206 of the Public Health
Law, pertaining to the duties of the commissioner, to authorize the
Commissioner to establish the list of Clinical Laboratory Improvement
Amendments (CLIA)-waived tests that pharmacists may perform and estab-
lish the requirements for pharmacists reporting test results to primary
care physicians.

Section 5 establishes the effective date.

 
JUSTIFICATION:

New York needs to catch up to the rest of the country concerning 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, commonly described as Clinical
Laboratory Improvement Amendments (CLIA)-waived tests.  These are
simple, low-risk tests available without a prescription or medical
order.

Pharmacists are licensed clinicians uniquely situated to advance New
York's public health objectives as they represent 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 phar-
macist would perform limits the actual tests to be completed by pharma-

cists and provides needed flexibility to respond to public health needs
and programs.

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

 
LEGISLATIVE HISTORY:

2019-2020: S5092/A3867A McDonald

2021-2022: S2529 Rivera/A3033 McDonald

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that amendments subject
to expiration and reversion take effect and the addition or repeal
necessary for the implementation of this act are authorized to be made
and completed before effective.

2023-S3467 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3467
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced by Sens. RIVERA, ADDABBO, GOUNARDES, KRUEGER, SKOUFIS -- 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 section 1 of part C of chapter 57 of the laws  of  2022,  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 administering COVID-19 and influen-
 za  tests  pursuant  to subdivision seven of section sixty-eight 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.
   §  1-a.  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02558-01-3
 S. 3467                             2

 
 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
 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 9 to read as follows:
   9.  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 subdivision 6 of section 571 of the public health law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such subdivision pursuant to section 8 of part C of chapter
 57 of the laws of 2022, when upon such date the  provisions  of  section
 one-a  of  this  act shall take effect.  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.

co-Sponsors

View additional co-sponsors

2023-S3467A (ACTIVE) - Details

See Assembly Version of this Bill:: A6627
Law Section:: Public Health Law
Laws Affected:: Amd §6801, Ed L; amd Part C §8, Chap 57 of 2022
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11256
2019-2020: S5092, A3867
2021-2022: S2529, A3033

2023-S3467A (ACTIVE) - Summary

Allows a licensed pharmacist to order and administer certain tests.

2023-S3467A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3467A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to allowing a licensed
pharmacist to order and administer certain tests; and to amend part C of
chapter 57 of the laws of 2022 amending the public health law and the
education law relating to allowing pharmacists to direct limited service
laboratories and order and administer COVID-19 and influenza tests and
modernizing nurse practitioners, in relation to the effectiveness there-
of

 
PURPOSE:

The purpose of this bill is to expand pharmacists' ability to perform
tests for certain illnesses and conditions to also include respiratory
syncytial virus (RSV), strep throat, HbA1c (blood sugar levels), hepati-
tis C (Hep C), and human immunodeficiency virus (HIV).

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 7 of section 6801 of the Education Law, as
it relates to the definition of the practice of pharmacy, to allow a
licensed pharmacist to perform limited service laboratory and ordering
and administering a test for respiratory syncytial virus (RSV), pharyn-
gitis resulting from group A streptococcal infection (commonly referred
to as strep throat), HbA1c (blood sugar levels), hepatitis C, and human
immunodeficiency virus (HIV).

Currently under this section of law pharmacists are already authorized
to initiate tests for COVID-19 and influenza.

Section 2 extends the effective date of the underlying section of law
that authorizes pharmacists to order and administer tests by an addi-
tional two years until April 1, 2026.

Section 3 establishes an effective date.

 
JUSTIFICATION:

New York State is behind the rest of the country concerning the scope of
practice for pharmacists and health care in general, especially when it
comes to collaborative practice.

According to the National Association of the Boards of Pharmacy, 39
states currently permit pharmacists to Perform non-invasive FDA-approved
tests, commonly described as Clinical Laboratory Improvement Amendments
(CLIA)-waived tests. These are simple, low-risk tests available without
a prescription or medical order.  During the COVID-19 pandemic and
beyond, pharmacists were a valuable community service provider for COVID
testing and it makes sense to expand testing in a limited manner to
other disease states such as RSV, strep throat, Hep C, and HIV for
patient convenience. The bill would also allow a pharmacist to test
HbA1c, a common test for blood sugar levels associated with diabetes.

Pharmacists are licensed clinicians uniquely situated to advance New
York's public health objectives as they represent 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 phar-
macist would perform limits the actual tests to be completed by pharma-
cists and provides needed flexibility to respond to public health needs
and programs.

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

 
LEGISLATIVE HISTORY:

2019-2020: S5092/A3867A McDonald - Advanced to Third Reading

2021-2022: S2529 Rivera/A3033 McDonald - Advanced to Third Reading

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3467A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3467--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  ADDABBO,  GALLIVAN,  GOUNARDES, KRUEGER,
   SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the  Committee  on Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend the education law, in relation to allowing a licensed
   pharmacist to order and administer certain tests; and to amend part  C
   of  chapter  57 of the laws of 2022 amending the public health law and
   the education law relating to allowing pharmacists to  direct  limited
   service  laboratories  and order and administer COVID-19 and influenza
   tests and modernizing nurse practitioners, in relation to  the  effec-
   tiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section 6801  of  the  education  law,  as
 added  by  section  2  of  part  C of chapter 57 of the laws of 2022, is
 amended to read as follows:
   7. A licensed pharmacist is a qualified health care professional under
 section five hundred seventy-one  of  the  public  health  law  for  the
 purposes  of  directing  a  limited  service laboratory and ordering and
 administering COVID-19 [and],  influenza,  RESPIRATORY  SYNCYTIAL  VIRUS
 (RSV),  PHARYNGITIS  RESULTING  FROM  A GROUP A STREPTOCOCCAL INFECTION,
 HBA1C, HEPATITIS C, AND HUMAN IMMUNODEFICIENCY VIRUS (HIV) tests author-
 ized by the Food and Drug Administration (FDA), subject  to  certificate
 of  waiver  requirements  established  pursuant  to the federal clinical
 laboratory improvement act of nineteen hundred eighty-eight.
   § 2. Section 8 of part C of chapter 57 of the laws  of  2022  amending
 the public health law and the education law relating to allowing pharma-
 cists  to  direct  limited service laboratories and order and administer
 COVID-19 and influenza tests and  modernizing  nurse  practitioners,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02558-07-3

 S. 3467--A                          2
 
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections one, two, three, four, six and seven of this  act
 shall expire and be deemed repealed [two] FOUR years after it shall have
 become a law.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 7 of section 6801  of  the  education  law
 made  by  section  one  of  this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.

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Senate Bill S3467A

Sponsored By

Current Bill Status - On Floor Calendar

Jan 22, 2024 - Health Committee Vote

Health Committee Vote: Jan 22, 2024

Bill Amendments

co-Sponsors

2023-S3467 - Details

2023-S3467 - Summary

2023-S3467 - Sponsor Memo

2023-S3467 - Bill Text download pdf

co-Sponsors

2023-S3467A (ACTIVE) - Details

2023-S3467A (ACTIVE) - Summary

2023-S3467A (ACTIVE) - Sponsor Memo

2023-S3467A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3467A

Share this bill

Sponsored By

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

2023-S3467 - Details

2023-S3467 - Summary

2023-S3467 - Sponsor Memo

2023-S3467 - Bill Text download pdf

co-Sponsors

2023-S3467A (ACTIVE) - Details

2023-S3467A (ACTIVE) - Summary

2023-S3467A (ACTIVE) - Sponsor Memo

2023-S3467A (ACTIVE) - Bill Text download pdf

Comments