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.
                                                                   LBD16239-01-8

        A. 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.
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