Bill Text: NY S03467 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Allows a licensed pharmacist to order and administer certain tests.

Spectrum: Slight Partisan Bill (Democrat 10-5)

Status: (Introduced) 2024-01-24 - ADVANCED TO THIRD READING [S03467 Detail]

Download: New_York-2023-S03467-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3467

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced by Sens. RIVERA, ADDABBO, GOUNARDES, KRUEGER, SKOUFIS -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Health

        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 section 1 of part C of chapter 57 of the laws  of  2022,  is
     3  amended  to read as 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 administering COVID-19 and influen-
     8  za  tests  pursuant  to subdivision seven of section sixty-eight hundred
     9  one of the education law, pharmacist  consistent  with  the  limitations
    10  established  in subdivision (w) of section two hundred six of this chap-
    11  ter, physician assistant, specialist assistant, nurse  practitioner,  or
    12  midwife, who is licensed and registered with the state education depart-
    13  ment.
    14    §  1-a.  Subdivision  6  of  section  571 of the public health law, as
    15  amended by chapter 444 of the laws  of  2013,  is  amended  to  read  as
    16  follows:
    17    6.  "Qualified  health  care professional" means a physician, dentist,
    18  podiatrist, optometrist performing a clinical laboratory test that  does
    19  not  use  an invasive modality as defined in section seventy-one hundred
    20  one of the education law, pharmacist  consistent  with  the  limitations
    21  established  in subdivision (w) of section two hundred six of this chap-
    22  ter, physician assistant, specialist assistant, nurse  practitioner,  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02558-01-3
        S. 3467                             2

     1  midwife, who is licensed and registered with the state education depart-
     2  ment.
     3    § 2. Subdivision 1 of section 579 of the public health law, as amended
     4  by chapter 376 of the laws of 2015, is amended to read as follows:
     5    1.  This  title  is  applicable to all clinical laboratories and blood
     6  banks operating within the state, except clinical laboratories and blood
     7  banks operated by the federal government and clinical laboratories oper-
     8  ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
     9  tioner, optometrist performing a clinical laboratory test that does  not
    10  use  an  invasive modality as defined in section seventy-one hundred one
    11  of the education law, pharmacist consistent with the limitations  estab-
    12  lished in subdivision (w) of section two hundred six of this chapter, or
    13  podiatrist  who  performs  laboratory tests or procedures, personally or
    14  through his or her employees, solely as an adjunct to the  treatment  of
    15  his  or  her own patients; to the extent authorized by federal and state
    16  law, including the education law.
    17    § 3. Section 6801 of the education law is  amended  by  adding  a  new
    18  subdivision 9 to read as follows:
    19    9.  A licensed pharmacist, may complete a "waived test", as defined in
    20  subdivision five of section  five  hundred  seventy-one  of  the  public
    21  health law.
    22    §  4. Subdivision 1 of section 206 of the public health law is amended
    23  by adding a new paragraph (w) to read as follows:
    24    (w) establish a list of CLIA-waived tests that  may  be  performed  by
    25  pharmacists  licensed  under  article  one  hundred  thirty-seven of the
    26  education law.  This list shall be established by the  commissioner.  In
    27  connection  with specific tests, the commissioner shall establish proto-
    28  cols between health care practitioners and pharmacists,  as  appropriate
    29  including,  but not limited to establishing required communications from
    30  pharmacists to healthcare practitioners regarding test results.
    31    § 5. This act shall take effect immediately; provided,  however,  that
    32  the  amendments to subdivision 6 of section 571 of the public health law
    33  made  by  section one of this act shall be subject to the expiration and
    34  reversion of such subdivision pursuant to section 8 of part C of chapter
    35  57 of the laws of 2022, when upon such date the  provisions  of  section
    36  one-a  of  this  act shall take effect.  Effective immediately the addi-
    37  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    38  the  implementation  of this act on its effective date are authorized to
    39  be made and completed on or before such date.