A598-2011 Actions

• Jan 4, 2012: referred to higher education
• Jan 5, 2011: referred to higher education

A598-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     598

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by  M.  of  A.  JAFFEE,  LUPARDO, LANCMAN, BURLING, BOYLAND,
    GUNTHER,  SCHROEDER  --  Multi-Sponsored  by  --  M.  of  A.  CALHOUN,
    JEFFRIES,  P. LOPEZ,  PHEFFER, WEISENBERG -- 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:


    Section  1.  Section  8607 of the education law is amended by adding a
  new subdivision 4 to read as follows:

    4. PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED SEVENTY-SIX OF
  THE PUBLIC HEALTH LAW, THE COMMISSIONER SHALL CONSULT WITH  THE  COMMIS-
  SIONER  OF HEALTH ON (A) THE ESTABLISHMENT OF STANDARDS OF EDUCATION FOR
  OUT-OF-STATE CLINICAL  LABORATORY  PRACTITIONERS,  AND  (B)  DETERMINING
  WHETHER  THE  EDUCATIONAL  COMPONENTS  OF OTHER JURISDICTIONS' PERSONNEL
  LICENSING  PROGRAMS  ARE  SIGNIFICANTLY  COMPARABLE  TO  THE   EDUCATION
  REQUIREMENTS  ESTABLISHED BY THE DEPARTMENT IN PARAGRAPH (B) OF SUBDIVI-
  SION ONE OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (B)  OF  SUBDIVI-
  SION  TWO OF SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION TWO OF SECTION
  EIGHTY-SIX HUNDRED  SIX,  AND  SUBDIVISION  TWO  OF  SECTION  EIGHTY-SIX
  HUNDRED SIX-A OF THIS ARTICLE.
    S  2.  Section 576 of the public health law is amended by adding a new
  subdivision 9 to read as follows:

    9. BY JULY FIRST, TWO THOUSAND  TWELVE,  THE  DEPARTMENT  SHALL  ADOPT
  REGULATIONS  THAT ESTABLISH QUALIFICATIONS FOR CLINICAL LABORATORY PRAC-
  TITIONERS PRACTICING IN OUT-OF-STATE LABORATORIES  LICENSED  UNDER  THIS
  ARTICLE  THAT ARE SUBSTANTIALLY EQUIVALENT TO QUALIFICATIONS ESTABLISHED
  BY THE EDUCATION DEPARTMENT, INCLUDING THE REQUIREMENT FOR  AN  EXAMINA-
  TION  ISSUED BY A RECOGNIZED ACCREDITING ORGANIZATION THAT IS SIMILAR TO
  THOSE EXAMS ADMINISTERED BY THE EDUCATION DEPARTMENT UNDER  ARTICLE  ONE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03989-01-1

 A. 598                              2

  HUNDRED  SIXTY-FIVE  OF  THE  EDUCATION  LAW.   IN CONSULTATION WITH THE
  EDUCATION DEPARTMENT, THE DEPARTMENT SHALL (A)  ESTABLISH  STANDARDS  OF
  EDUCATION  FOR  OUT-OF-STATE  CLINICAL LABORATORY PRACTITIONERS, AND (B)
  DETERMINE  WHETHER  THE  EDUCATIONAL  COMPONENTS OF OTHER JURISDICTIONS'
  PERSONNEL LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE  EDUCA-
  TIONAL  REQUIREMENTS  IN  SECTIONS  EIGHTY-SIX  HUNDRED FIVE, EIGHTY-SIX
  HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
    S 3. The opening paragraph of subdivision 2  of  section  575  of  the
  public health law is designated paragraph (a) and a new paragraph (b) is
  added to read as follows:

    (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
  COMMISSIONER SHALL REQUIRE AN ATTESTATION FROM THE DIRECTOR OF  A  CLIN-
  ICAL  LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR SEEK-
  ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
  ERS, AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION  LAW,
  PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
  SPECIMENS,  UNLESS  EXEMPT  FROM  LICENSURE OR CERTIFICATION PURSUANT TO
  SECTION EIGHTY-SIX HUNDRED NINE OF THE EDUCATION LAW, WHO  DO  NOT  HOLD
  THE  APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT TO
  ARTICLE ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE  STANDARDS
  AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
  SEVENTY-SIX  OF  THIS  TITLE.  RECORDS OF ON-SITE REVIEWS OF CREDENTIALS
  WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE DEPARTMENT.
    S 4. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.