Bill Text: NY A01202 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to out-of-state clinical laboratory practitioners.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2015-06-08 - substituted by s14 [A01202 Detail]

Download: New_York-2015-A01202-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1202
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by M. of A. JAFFEE, GOTTFRIED -- Multi-Sponsored by -- M. of
         A. COOK, McDONOUGH, ROBINSON, THIELE -- read once and referred to  the
         Committee on Higher Education
       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:
    1    Section 1. Section 8607 of the education law is amended  by  adding  a
    2  new subdivision 4 to read as follows:
    3    4. PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED SEVENTY-SIX OF
    4  THE  PUBLIC  HEALTH LAW, THE COMMISSIONER SHALL CONSULT WITH THE COMMIS-
    5  SIONER OF HEALTH ON (A) THE ESTABLISHMENT OF STANDARDS OF EDUCATION  FOR
    6  OUT-OF-STATE  CLINICAL  LABORATORY  PRACTITIONERS,  AND  (B) DETERMINING
    7  WHETHER THE EDUCATIONAL COMPONENTS  OF  OTHER  JURISDICTIONS'  PERSONNEL
    8  LICENSING   PROGRAMS  ARE  SIGNIFICANTLY  COMPARABLE  TO  THE  EDUCATION
    9  REQUIREMENTS ESTABLISHED BY THE DEPARTMENT IN PARAGRAPH (B) OF  SUBDIVI-
   10  SION  ONE  OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (B) OF SUBDIVI-
   11  SION TWO OF SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION TWO OF  SECTION
   12  EIGHTY-SIX  HUNDRED  SIX,  AND  SUBDIVISION  TWO  OF  SECTION EIGHTY-SIX
   13  HUNDRED SIX-A OF THIS ARTICLE.
   14    S 2. Section 576 of the public health law is amended by adding  a  new
   15  subdivision 9 to read as follows:
   16    9.  BY  JULY  FIRST,  TWO THOUSAND SIXTEEN, THE DEPARTMENT SHALL ADOPT
   17  REGULATIONS THAT ESTABLISH QUALIFICATIONS FOR CLINICAL LABORATORY  PRAC-
   18  TITIONERS  PRACTICING  IN  OUT-OF-STATE LABORATORIES LICENSED UNDER THIS
   19  ARTICLE THAT ARE SUBSTANTIALLY EQUIVALENT TO QUALIFICATIONS  ESTABLISHED
   20  BY  THE  EDUCATION DEPARTMENT, INCLUDING THE REQUIREMENT FOR AN EXAMINA-
   21  TION ISSUED BY A RECOGNIZED ACCREDITING ORGANIZATION THAT IS SIMILAR  TO
   22  THOSE  EXAMS  ADMINISTERED BY THE EDUCATION DEPARTMENT UNDER ARTICLE ONE
   23  HUNDRED SIXTY-FIVE OF THE EDUCATION  LAW.    IN  CONSULTATION  WITH  THE
   24  EDUCATION  DEPARTMENT,  THE  DEPARTMENT SHALL (A) ESTABLISH STANDARDS OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00463-01-5
       A. 1202                             2
    1  EDUCATION FOR OUT-OF-STATE CLINICAL LABORATORY  PRACTITIONERS,  AND  (B)
    2  DETERMINE  WHETHER  THE  EDUCATIONAL  COMPONENTS OF OTHER JURISDICTIONS'
    3  PERSONNEL LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE  EDUCA-
    4  TIONAL  REQUIREMENTS  IN  SECTIONS  EIGHTY-SIX  HUNDRED FIVE, EIGHTY-SIX
    5  HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
    6    S 3. The opening paragraph of subdivision 2  of  section  575  of  the
    7  public health law is designated paragraph (a) and a new paragraph (b) is
    8  added to read as follows:
    9    (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
   10  COMMISSIONER SHALL REQUIRE AN ATTESTATION FROM THE DIRECTOR OF  A  CLIN-
   11  ICAL  LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR SEEK-
   12  ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
   13  ERS, AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION  LAW,
   14  PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
   15  SPECIMENS,  UNLESS  EXEMPT  FROM  LICENSURE OR CERTIFICATION PURSUANT TO
   16  SECTION EIGHTY-SIX HUNDRED NINE OF THE EDUCATION LAW, WHO  DO  NOT  HOLD
   17  THE  APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT TO
   18  ARTICLE ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE  STANDARDS
   19  AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
   20  SEVENTY-SIX  OF  THIS  TITLE.  RECORDS OF ON-SITE REVIEWS OF CREDENTIALS
   21  WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE DEPARTMENT.
   22    S 4. This act shall take effect on the one hundred eightieth day after
   23  it shall have become a law.