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