Bill Text: NY A03867 | 2019-2020 | General Assembly | Amended

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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: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A03867 Detail]

Download: New_York-2019-A03867-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3867--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of A. McDONALD, SAYEGH, ASHBY, ARROYO -- Multi-Spon-
          sored by -- M. of A. TAGUE -- read once and referred to the  Committee
          on  Higher  Education  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00699-02-9
        A. 3867--A                          2
     1  through  his  or her employees, solely as an adjunct to the treatment of
     2  his or her own patients; to the extent authorized by federal  and  state
     3  law, including the education law.
     4    §  3.  Section  6801  of  the education law is amended by adding a new
     5  subdivision 6 to read as follows:
     6    6. A licensed pharmacist, may complete a "waived test", as defined  in
     7  subdivision  five  of  section  five  hundred  seventy-one of the public
     8  health law.
     9    § 4. Subdivision 1 of section 206 of the public health law is  amended
    10  by adding a new paragraph (w) to read as follows:
    11    (w)  establish  a  list  of CLIA-waived tests that may be performed by
    12  pharmacists licensed under  article  one  hundred  thirty-seven  of  the
    13  education  law.   This list shall be established by the commissioner. In
    14  connection with specific tests, the commissioner shall establish  proto-
    15  cols  between  health care practitioners and pharmacists, as appropriate
    16  including, but not limited to establishing required communications  from
    17  pharmacists to healthcare practitioners regarding test results.
    18    §  5.  This act shall take effect immediately; provided, however, that
    19  the amendments to section 6801 of the  education  law  made  by  section
    20  three  of  this  act shall not affect the expiration of such section and
    21  shall be deemed to expire therewith.   Effective immediately  the  addi-
    22  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    23  the implementation of this act on its effective date are  authorized  to
    24  be made and completed on or before such date.