This bill has been amended

Bill S7199-2013

Relates to restricted clinical laboratory licenses issued under the clinical laboratory technology practice act

Allows individuals employed at National Cancer Institute designated cancer centers who meet the requirements for a restricted license to receive a certification allowing them to use mass spectrometry, and any tests or procedures acceptable to the commissioner of health in the field of proteomics.

Details

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  • May 5, 2014: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S7199

TITLE OF BILL: An act to amend the education law, in relation to restricted clinical laboratory licenses issued under the clinical laboratory technology practice act

PURPOSE:

Allow individuals employed at National Cancer Institute (NCI)-designated cancer centers who meet the requirements for a restricted license to receive a certification allowing them to perform tests using proteomics, including mass spectrometry.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 8610 of the education law, as amended by section 1 of chapter 336 of the laws of 2013, by allowing employees of NCI-designated cancer centers to obtain restricted licenses in the practice of proteomics including mass spectrometry.

Section 2 of the bill is the effective date.

JUSTIFICATION:

The purpose of this legislation is to ensure that New York's state-of-the-art cancer facilities can recruit and retain highly qualified personnel to perform specialized clinical laboratory procedures. The statute already recognizes the need for restricted licenses to be made available for some specialized procedures apart from the generally applicable requirements for clinical laboratory technologists. This bill expands the categories of restricted licenses to include the practice of proteomics including but not limited to mass spectrometry.

Proteomics is a branch of biotechnology that applies the techniques of molecular biology, biochemistry, and genetics to analyzing proteins produced by the genes of a particular cell, tissue, or organism. Proteomics, through the use of mass spectrometry, can be used to ensure that patients receive appropriate doses of cancer-treating drugs. Busulfan, a highly toxic chemotherapeutic agent, is used to treat individuals receiving bone marrow or stem cell transplants. The drug destroys the patient's own cancerous marrow cells before new cells are transplanted. However, too little of the drug is ineffective and too much is toxic. This makes accurate dosing critical for effective treatment, and mass spectrometry provides the most accurate measurement.

Currently, Memorial Sloan Kettering Cancer Center (MSKCC) has a laboratory approved to use mass spectrometry to perform busulfan analysis. If the proposed bill is not enacted, MSKCC may lose the only employee qualified to oversee mass spectrometry testing. Without sufficient lab personnel MSKCC must send tests out of state, delaying the receipt of test results and significantly impacting quality of care and research.

Such extremely specialized personnel hold advanced degrees in the sciences but do not typically hold clinical laboratory technologist

licenses, nor has their education and training focused on standard clinical lab procedures. This inhibits the ability of cancer centers to hire researchers from other states or countries who do not usually meet the full licensure requirements in New York. This bill would continue to limit these restricted licenses to personnel employed at National Cancer Institute-designated cancer centers. By allowing these researchers the ability to use new technologies in NYS cancer centers, we can ensure that New York remains a leader in cancer research and care.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7199 IN SENATE May 5, 2014 ___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to restricted clinical laboratory licenses issued under the clinical laboratory technology practice act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b) of subdivision 1 of section 8610 of the education law, as added by chapter 204 of the laws of 2008, is amended to read as follows: (b) Notwithstanding paragraph (a) of this subdivision, restricted licensees employed at National Cancer Institute designated cancer centers or at teaching hospitals that are eligible for distributions pursuant to paragraph (c) of subdivision three of section twenty-eight hundred seven-m of the public health law may receive a certificate that also includes the practice of molecular diagnosis including but not limited to genetic testing-molecular and molecular oncology, AND RESTRICTED LICENSEES EMPLOYED AT NATIONAL CANCER INSTITUTE DESIGNATED CANCER CENTERS MAY RECEIVE A CERTIFICATE THAT INCLUDES THE PRACTICE OF PROTEOMICS (INCLUDING BUT NOT LIMITED TO MASS SPECTROMETRY), provided that such certificate holders may practice in such additional areas only at such centers, teaching hospitals or other sites as may be designated by the commissioner. S 2. This act shall take effect immediately.

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