Bill Text: NY S01650 | 2013-2014 | General Assembly | Introduced

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

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Bill Title: Relates to out-of-state clinical laboratory practitioners.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2014-06-18 - referred to higher education [S01650 Detail]

Download: New_York-2013-S01650-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1650
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. LAVALLE, DeFRANCISCO, RANZENHOFER -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Higher Education
       AN ACT to amend the education law and the public health law, in relation
         to out-of-state clinical laboratory practitioners
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 8607 of the education law is amended  by  adding  a
    2  new subdivision 4 to read as follows:
    3    4. PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED SEVENTY-SIX OF
    4  THE  PUBLIC  HEALTH LAW, THE COMMISSIONER SHALL CONSULT WITH THE COMMIS-
    5  SIONER OF HEALTH ON (A) THE ESTABLISHMENT OF STANDARDS OF EDUCATION  FOR
    6  OUT-OF-STATE  CLINICAL  LABORATORY  PRACTITIONERS,  AND  (B) DETERMINING
    7  WHETHER THE EDUCATIONAL COMPONENTS  OF  OTHER  JURISDICTIONS'  PERSONNEL
    8  LICENSING   PROGRAMS  ARE  SIGNIFICANTLY  COMPARABLE  TO  THE  EDUCATION
    9  REQUIREMENTS ESTABLISHED BY THE DEPARTMENT IN PARAGRAPH (B) OF  SUBDIVI-
   10  SION  ONE  OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (B) OF SUBDIVI-
   11  SION TWO OF SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION TWO OF  SECTION
   12  EIGHTY-SIX  HUNDRED  SIX,  AND  SUBDIVISION  TWO  OF  SECTION EIGHTY-SIX
   13  HUNDRED SIX-A OF THIS ARTICLE.
   14    S 2. Section 576 of the public health law is amended by adding  a  new
   15  subdivision 9 to read as follows:
   16    9.  BY  JULY  FIRST, TWO THOUSAND THIRTEEN, THE DEPARTMENT SHALL ADOPT
   17  REGULATIONS THAT ESTABLISH QUALIFICATIONS FOR CLINICAL LABORATORY  PRAC-
   18  TITIONERS  PRACTICING  IN  OUT-OF-STATE LABORATORIES LICENSED UNDER THIS
   19  ARTICLE THAT ARE SUBSTANTIALLY EQUIVALENT TO QUALIFICATIONS  ESTABLISHED
   20  BY  THE  EDUCATION DEPARTMENT, INCLUDING THE REQUIREMENT FOR AN EXAMINA-
   21  TION ISSUED BY A RECOGNIZED ACCREDITING ORGANIZATION THAT IS SIMILAR  TO
   22  THOSE  EXAMS  ADMINISTERED BY THE EDUCATION DEPARTMENT UNDER ARTICLE ONE
   23  HUNDRED SIXTY-FIVE OF THE EDUCATION  LAW.    IN  CONSULTATION  WITH  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02606-01-3
       S. 1650                             2
    1  EDUCATION  DEPARTMENT,  THE  DEPARTMENT SHALL (A) ESTABLISH STANDARDS OF
    2  EDUCATION FOR OUT-OF-STATE CLINICAL LABORATORY  PRACTITIONERS,  AND  (B)
    3  DETERMINE  WHETHER  THE  EDUCATIONAL  COMPONENTS OF OTHER JURISDICTIONS'
    4  PERSONNEL  LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE EDUCA-
    5  TIONAL REQUIREMENTS IN  SECTIONS  EIGHTY-SIX  HUNDRED  FIVE,  EIGHTY-SIX
    6  HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
    7    S  3.  The  opening  paragraph  of subdivision 2 of section 575 of the
    8  public health law is designated paragraph (a) and a new paragraph (b) is
    9  added to read as follows:
   10    (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
   11  COMMISSIONER  SHALL  REQUIRE AN ATTESTATION FROM THE DIRECTOR OF A CLIN-
   12  ICAL LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR  SEEK-
   13  ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
   14  ERS,  AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION LAW,
   15  PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
   16  SPECIMENS, UNLESS EXEMPT FROM LICENSURE  OR  CERTIFICATION  PURSUANT  TO
   17  SECTION  EIGHTY-SIX  HUNDRED  NINE OF THE EDUCATION LAW, WHO DO NOT HOLD
   18  THE APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT  TO
   19  ARTICLE  ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE STANDARDS
   20  AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
   21  SEVENTY-SIX OF THIS TITLE. RECORDS OF  ON-SITE  REVIEWS  OF  CREDENTIALS
   22  WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE DEPARTMENT.
   23    S 4. This act shall take effect on the one hundred eightieth day after
   24  it shall have become a law.