Relates to out-of-state clinical laboratory practitioners.
Ayes (57): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Zeldin
Absent (1): Sampson
Excused (5): Adams, Hassell-Thomps, Larkin, Montgomery, Young
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.
STATE OF NEW YORK ________________________________________________________________________ 1650 2013-2014 Regular Sessions IN 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 THEEXPLANATION--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.