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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Passed) 2019-08-30 - SIGNED CHAP.227 [A07906 Detail]

Download: New_York-2019-A07906-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7906

                               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

        AN ACT to amend the education law, in relation  to  clinical  toxicology
          licenses

          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  clin-
    15  ical toxicology (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
    25  spectrometry or any tests and procedures acceptable to the  commissioner

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11799-01-9
        A. 7906                             2

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