Relates to out-of-state clinical laboratory practitioners.

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S1650-2013 Actions

• May 6, 2013: referred to higher education
• May 6, 2013: DELIVERED TO ASSEMBLY
• May 6, 2013: PASSED SENATE
• Apr 22, 2013: ADVANCED TO THIRD READING
• Apr 17, 2013: 2ND REPORT CAL.
• Apr 16, 2013: 1ST REPORT CAL.320
• Jan 9, 2013: REFERRED TO HIGHER EDUCATION

S1650-2013 Meetings

Higher Education: Apr 16, 2013

S1650-2013 Calendars

Active List: May 6, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013

S1650-2013 Votes

S1650-2013 Memo

BILL NUMBER:S1650

TITLE OF BILL:
An act
to amend the education law and the public health law, in relation to
out-of-state clinical laboratory practitioners

PURPOSE:
This legislation would amend existing provisions of law related to the
licensing of clinical laboratory in order to establish standards for
those out-of-state practitioners working, on specimens from New York
State. Current interpretation of the law has resulted in a dual
standard of quality for clinical laboratory work dependent on,
whether or not the laboratory serving New York State residents is
located in New York State.

SUMMARY OF PROVISIONS:
This bill requires that out-of-state laboratories licensed and
regulated by New York State for the purpose of testing specimens from
New York State residents, demonstrate that they meet standards which
are substantially similar to the education department's educational
requirements, or that they meet other standards established by the
education department and department of public health.

JUSTIFICATION:
The Clinical Laboratory Technology Practice Act of 2004 required
people working in technical positions in laboratories licensed by the
department of public health to obtain a professional license from the
education department. The goal of the legislation was to ensure that
the people tasked with performing the clinical laboratory tests that
underlie most modern medical decisions were being held to the highest
professional standards.

The law was interpreted to only require the licensing of technical
personnel working in New York State. Because the department of health
regulates laboratories that accept specimens from New York State
regardless of location, but only technical personnel working within
the state are required to be licensed, laboratories located in the
state are subject to more regulation than their out-of-state
counterparts.

This legislation establishes a uniform standard for quality and
training of clinical practitioners, resulting in better protection of
the health and safety of New Yorkers served by out-of-state
laboratories.

LEGISLATIVE HISTORY: 2011-12 S.3442; 2010 S.5972C

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: On the one hundred eightieth day
after becoming law.

S1650-2013 Text

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

                                    1650

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sens. LAVALLE, DeFRANCISCO, RANZENHOFER -- read twice and
    ordered printed, and when printed to be committed 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 THIRTEEN, 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
  HUNDRED SIXTY-FIVE OF THE EDUCATION  LAW.    IN  CONSULTATION  WITH  THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02606-01-3

 S. 1650                             2

  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.