Bill Text: NY A11256 | 2017-2018 | General Assembly | Introduced
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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-07-25 - referred to higher education [A11256 Detail]
Download: New_York-2017-A11256-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11256 IN ASSEMBLY July 25, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) -- 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 24 his or her own patients; to the extent authorized by federal and state 25 law, including the education law. 26 § 3. Section 6801 of the education law is amended by adding a new 27 subdivision 6 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16239-01-8A. 11256 2 1 6. A licensed pharmacist, may complete a "waived test", as defined in 2 subdivision five of section five hundred seventy-one of the public 3 health law. 4 § 4. Subdivision 1 of section 206 of the public health law is amended 5 by adding a new paragraph (w) to read as follows: 6 (w) establish a list of CLIA-waived tests that may be performed by 7 pharmacists licensed under article one hundred thirty-seven of the 8 education law. This list shall include, but is not limited to, opioids, 9 influenza type-A/B, strep type-A, hepatitis C, human immunodeficiency 10 virus, and blood glucose. In connection with specific tests, the commis- 11 sioner shall establish protocols between health care practitioners and 12 pharmacists, as appropriate. 13 § 5. This act shall take effect immediately; provided, however, that 14 the amendments to section 6801 of the education law made by section 15 three of this act shall not affect the expiration of such section and 16 shall be deemed to expire therewith.