Bill Text: NY S05092 | 2019-2020 | 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: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S05092 Detail]

Download: New_York-2019-S05092-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5092
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 9, 2019
                                       ___________
        Introduced  by  Sen.  RIVERA -- 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  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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00699-03-9
        S. 5092                             2
     1  his or her own patients; to the extent authorized by federal  and  state
     2  law, including the education law.
     3    §  3.  Section  6801  of  the education law is amended by adding a new
     4  subdivision 6 to read as follows:
     5    6. A licensed pharmacist, may complete a "waived test", as defined  in
     6  subdivision  five  of  section  five  hundred  seventy-one of the public
     7  health law.
     8    § 4. Subdivision 1 of section 206 of the public health law is  amended
     9  by adding a new paragraph (w) to read as follows:
    10    (w)  establish  a  list  of CLIA-waived tests that may be performed by
    11  pharmacists licensed under  article  one  hundred  thirty-seven  of  the
    12  education  law.   This list shall be established by the commissioner. In
    13  connection with specific tests, the commissioner shall establish  proto-
    14  cols  between  health care practitioners and pharmacists, as appropriate
    15  including, but not limited to establishing required communications  from
    16  pharmacists to healthcare practitioners regarding test results.
    17    §  5.  This act shall take effect immediately; provided, however, that
    18  the amendments to section 6801 of the  education  law  made  by  section
    19  three  of  this  act shall not affect the expiration of such section and
    20  shall be deemed to expire therewith.   Effective immediately  the  addi-
    21  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    22  the implementation of this act on its effective date are  authorized  to
    23  be made and completed on or before such date.