Bill Text: NY S08960 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2018-06-07 - REFERRED TO RULES [S08960 Detail]

Download: New_York-2017-S08960-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8960
                    IN SENATE
                                      June 7, 2018
                                       ___________
        Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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:
     1    Section 1. Subdivision 6 of section 571 of the public health  law,  as
     2  amended  by  chapter  444  of  the  laws  of 2013, is amended to read as
     3  follows:
     4    6. "Qualified health care professional" means  a  physician,  dentist,
     5  podiatrist,  optometrist performing a clinical laboratory test that does
     6  not use an invasive modality as defined in section  seventy-one  hundred
     7  one  of  the  education  law, pharmacist consistent with the limitations
     8  established in subdivision (w) of section two hundred six of this  chap-
     9  ter,  physician  assistant, specialist assistant, nurse practitioner, or
    10  midwife, who is licensed and registered with the state education depart-
    11  ment.
    12    § 2. Subdivision 1 of section 579 of the public health law, as amended
    13  by chapter 376 of the laws of 2015, is amended to read as follows:
    14    1. This title is applicable to all  clinical  laboratories  and  blood
    15  banks operating within the state, except clinical laboratories and blood
    16  banks operated by the federal government and clinical laboratories oper-
    17  ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
    18  tioner,  optometrist performing a clinical laboratory test that does not
    19  use an invasive modality as defined in section seventy-one  hundred  one
    20  of  the education law, pharmacist consistent with the limitations estab-
    21  lished in subdivision (w) of section two hundred six of this chapter, or
    22  podiatrist who performs laboratory tests or  procedures,  personally  or
    23  through  his  or her employees, solely as an adjunct to the treatment of
    24  his or her own patients; to the extent authorized by federal  and  state
    25  law, including the education law.
    26    §  3.  Section  6801  of  the education law is amended by adding a new
    27  subdivision 6 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16239-01-8
        S. 8960                             2
     1    6. A licensed pharmacist, may complete a "waived test", as defined  in
     2  subdivision  five  of  section  five  hundred  seventy-one of the public
     3  health law.
     4    §  4. Subdivision 1 of section 206 of the public health law is amended
     5  by adding a new paragraph (w) to read as follows:
     6    (w) establish a list of CLIA-waived tests that  may  be  performed  by
     7  pharmacists  licensed  under  article  one  hundred  thirty-seven of the
     8  education law.  This list shall include, but is not limited to, opioids,
     9  influenza type-A/B, strep type-A, hepatitis  C,  human  immunodeficiency
    10  virus, and blood glucose. In connection with specific tests, the commis-
    11  sioner  shall  establish protocols between health care practitioners and
    12  pharmacists, as appropriate.
    13    § 5. This act shall take effect immediately; provided,  however,  that
    14  the  amendments  to  section  6801  of the education law made by section
    15  three of this act shall not affect the expiration of  such  section  and
    16  shall be deemed to expire therewith.