Bill Text: NY A03033 | 2021-2022 | 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.

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A03033 Detail]

Download: New_York-2021-A03033-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3033

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by  M.  of A. McDONALD, SAYEGH, ASHBY, SOLAGES, GALEF, GOTT-
          FRIED, WALLACE, SCHMITT, SEAWRIGHT -- Multi-Sponsored by -- M.  of  A.
          TAGUE -- read once and referred to the Committee on Higher Education

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01860-01-1
        A. 3033                             2

     1  his  or  her own patients; to the extent authorized by federal and state
     2  law, including the education law.
     3    §  3.  Section  6801  of  the education law is amended by adding a new
     4  subdivision 6 to read as follows:
     5    6. A licensed pharmacist, may complete a "waived test", as defined  in
     6  subdivision  five  of  section  five  hundred  seventy-one of the public
     7  health law.
     8    § 4. Subdivision 1 of section 206 of the public health law is  amended
     9  by adding a new paragraph (w) to read as follows:
    10    (w)  establish  a  list  of CLIA-waived tests that may be performed by
    11  pharmacists licensed under  article  one  hundred  thirty-seven  of  the
    12  education  law.   This list shall be established by the commissioner. In
    13  connection with specific tests, the commissioner shall establish  proto-
    14  cols  between  health care practitioners and pharmacists, as appropriate
    15  including, but not limited to establishing required communications  from
    16  pharmacists to healthcare practitioners regarding test results.
    17    §  5.  This act shall take effect immediately; provided, however, that
    18  the amendments to section 6801 of the  education  law  made  by  section
    19  three  of  this  act shall not affect the expiration of such section and
    20  shall be deemed to expire therewith.   Effective immediately  the  addi-
    21  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    22  the implementation of this act on its effective date are  authorized  to
    23  be made and completed on or before such date.