Bill Text: NY A07906 | 2019-2020 | General Assembly | Amended

Bill Title: Provides for restricted clinical laboratory licenses for individuals employed in a department of health authorized toxicology laboratory, operating under the direction of a clinical laboratory director.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-06-20 - substituted by s5692a [A07906 Detail]

Download: New_York-2019-A07906-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 28, 2019

        Introduced  by  M.  of  A.  GOTTFRIED  --  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 education law, in relation to restricted clinical
          laboratory licenses in toxicology

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section 8610 of the education law, as
     2  added by chapter 204 of the laws of 2008, paragraph (b)  as  amended  by
     3  chapter 276 of the laws of 2014, is amended to read as follows:
     4    1. Restricted clinical laboratory license.
     5    (a)  The  department  may issue a restricted license pursuant to which
     6  the restricted licensee may receive a  certificate  to  perform  certain
     7  examinations and procedures within the definition of clinical laboratory
     8  technology  set  forth  in subdivision one of section eighty-six hundred
     9  one of this article,  provided  that  such  a  restricted  licensee  may
    10  perform examinations and procedures only in those of the following areas
    11  which  are specifically listed in his or her certificate:  histocompati-
    12  bility, cytogenetics, stem cell process, flow  cytometry/cellular  immu-
    13  nology and molecular diagnosis to the extent such molecular diagnosis is
    14  included  in genetic testing-molecular and molecular oncology, and toxi-
    15  cology (under paragraph (b-1) of this subdivision).
    16    (b) Notwithstanding paragraph  (a)  of  this  subdivision,  restricted
    17  licensees  employed  at  National  Cancer  Institute  designated  cancer
    18  centers or at teaching hospitals that  are  eligible  for  distributions
    19  pursuant  to  paragraph (c) of subdivision three of section twenty-eight
    20  hundred seven-m of the public health law may receive a certificate  that
    21  also  includes  the  practice  of  molecular diagnosis including but not
    22  limited  to  genetic  testing-molecular  and  molecular  oncology,   and
    23  restricted  licensees  employed  at national cancer institute designated
    24  cancer centers may receive a certificate that includes the use  of  mass

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

        A. 7906--A                          2

     1  spectrometry  or any tests and procedures acceptable to the commissioner
     2  of health, in consultation  with  the  commissioner,  in  the  field  of
     3  proteomics,  provided that such certificate holders may practice in such
     4  additional areas only at such centers, teaching hospitals or other sites
     5  as may be designated by the commissioner.
     6    (b-1)  Only  individuals  employed  in  a New York state department of
     7  health authorized toxicology laboratory, operating under  the  direction
     8  of a clinical laboratory director, may obtain a certificate in toxicolo-
     9  gy.
    10    (c) To qualify for a restricted license, an applicant shall:
    11    (i) file an application with the department;
    12    (ii)  have received an education, including a bachelor's degree in the
    13  biological, chemical, or physical sciences  or  in  mathematics  from  a
    14  program  registered by the department or determined by the department to
    15  be the substantial equivalent;
    16    (iii) have completed a training program with  a  planned  sequence  of
    17  supervised  employment  or  engagement in activities appropriate for the
    18  area of certification, which training program  is  satisfactory  to  the
    19  department  in  quality, breadth, scope and nature and is provided by an
    20  entity that shall be responsible for the services provided. The training
    21  program shall be described and attested to by the clinical  director  of
    22  the  laboratory  in  which  it  is located prior to the beginning of the
    23  program. The duration of the training program shall be one year of full-
    24  time training in the specific areas in which the  applicant  is  seeking
    25  certification  or the part-time equivalent thereof, as determined by the
    26  department, and the successful  completion  of  such  program  shall  be
    27  certified  by  a  laboratory  director who is responsible for overseeing
    28  such program;
    29    (iv) be at least eighteen years of age;
    30    (v) be of good moral character as determined by the department; and
    31    (vi) pay a fee of one hundred  seventy-five  dollars  for  an  initial
    32  restricted  license  and  a  fee of one hundred seventy dollars for each
    33  triennial registration period.
    34    (d) Each restricted licensee shall register  with  the  department  as
    35  required of licensees pursuant to section sixty-five hundred two of this
    36  title  and shall be subject to the disciplinary provisions applicable to
    37  licensees pursuant to subarticle three of article one hundred thirty  of
    38  this title.
    39    § 2. This act shall take effect on the one hundred twentieth day after
    40  it  shall  have become a law. Effective immediately, the commissioner of
    41  education shall make  regulations  and  take  other  actions  reasonably
    42  necessary to implement this act on that date.