S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        5972--B

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     June 19, 2009
                                      ___________

       Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
         when printed to be committed to the Committee on  Rules  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the education law, in relation to the definition of  the
         term  "clinical  laboratory  practitioner";  and  to  amend the public
         health law, in relation to New York state specimens

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The opening paragraph of subdivision 2 of section 8601 of
    2  the education law, as amended by chapter 204 of the  laws  of  2008,  is
    3  amended to read as follows:
    4    A  "clinical  laboratory practitioner" means clinical laboratory tech-
    5  nologists,  cytotechnologists,  clinical  laboratory  technicians,   and
    6  histological  technicians as such terms are defined in this subdivision,
    7  AND ANY OTHER PERSONS who practice clinical laboratory technology  in  a
    8  licensed clinical laboratory WHETHER LOCATED WITHIN THE STATE OR OUTSIDE
    9  THE STATE. For the purposes of this article, a licensed clinical labora-
   10  tory  does  not include a laboratory operated by any licensed physician,
   11  dentist,  podiatrist,  midwife  or  certified  nurse  practitioner   who
   12  performs  laboratory  tests  or procedures, personally or through his or
   13  her employees, solely as an adjunct to the treatment of his or  her  own
   14  patients.
   15    S  2.  The  opening  paragraph of section 8608 of the education law is
   16  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
   17  follows:
   18    2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   19  THE DEPARTMENT SHALL ISSUE A LIMITED PERMIT  TO  A  CLINICAL  LABORATORY
   20  PRACTITIONER PRACTICING CLINICAL LABORATORY TECHNOLOGY ON NEW YORK STATE
   21  SPECIMENS  IN  OUT-OF-STATE CLINICAL LABORATORIES PROVIDED HE OR SHE HAS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10576-08-0
       S. 5972--B                          2

    1  MET THE REQUIREMENTS AND STANDARDS ESTABLISHED IN  SUBDIVISION  NINE  OF
    2  SECTION  FIVE HUNDRED SEVENTY-SIX OF THE PUBLIC HEALTH LAW. SUCH LIMITED
    3  PERMIT MAY BE VALID FOR A PERIOD OF  AT  LEAST  ONE  YEAR,  AND  MAY  BE
    4  RENEWED AT THE DISCRETION OF THE DEPARTMENT.
    5    S  3.  The  opening  paragraph  of subdivision 2 of section 575 of the
    6  public health law is designated paragraph (a) and a new paragraph (b) is
    7  added to read as follows:
    8    (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
    9  COMMISSIONER  SHALL  REQUIRE AN ATTESTATION FROM THE DIRECTOR OF A CLIN-
   10  ICAL LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR  SEEK-
   11  ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
   12  ERS  AS  DEFINED  IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION LAW
   13  PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
   14  SPECIMENS, UNLESS EXEMPT FROM LICENSURE  OR  CERTIFICATION  PURSUANT  TO
   15  SECTION  EIGHTY-SIX  HUNDRED  NINE OF THE EDUCATION LAW, WHO DO NOT HOLD
   16  THE APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT  TO
   17  ARTICLE  ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE STANDARDS
   18  AND REQUIREMENTS ESTABLISHED IN SUBSECTION NINE OF SECTION FIVE  HUNDRED
   19  SEVENTY-SIX OF THIS TITLE.
   20    S  4.  Section 576 of the public health law is amended by adding a new
   21  subdivision 9 to read as follows:
   22    9. THE DEPARTMENT SHALL, IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
   23  EDUCATION,  ADOPT RULES AND REGULATIONS TO ESTABLISH STANDARDS OF EDUCA-
   24  TION FOR CLINICAL LABORATORY PRACTITIONERS, NEITHER LICENSED  OR  CERTI-
   25  FIED  UNDER SECTION EIGHTY-SIX HUNDRED TWO, EIGHTY-SIX HUNDRED THREE, OR
   26  SUBDIVISION THREE OF SECTION EIGHTY-SIX HUNDRED SEVEN OF  THE  EDUCATION
   27  LAW,  PRACTICING CLINICAL LABORATORY TECHNOLOGY ON NEW YORK STATE SPECI-
   28  MENS IN OUT-OF-STATE LABS LICENSED UNDER  THIS  ARTICLE,  PROVIDED  THAT
   29  SUCH STANDARDS ARE SUBSTANTIALLY EQUIVALENT TO THE STANDARDS REQUIRED OF
   30  PERSONS LICENSED OR CERTIFIED PURSUANT TO ARTICLE ONE HUNDRED SIXTY-FIVE
   31  OF  THE  EDUCATION  LAW AND PROVIDED FURTHER THAT SUCH STANDARDS INCLUDE
   32  THE PASSAGE OF THE EXAMINATION REQUIRED IN PARAGRAPH (C) OF  SUBDIVISION
   33  ONE OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (C) OF SUBDIVISION TWO
   34  OF  SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION THREE OF SECTION EIGHT-
   35  Y-SIX HUNDRED SIX, AND SUBDIVISION THREE OF SECTION  EIGHTY-SIX  HUNDRED
   36  SIX-A OF THE EDUCATION LAW, AS APPLICABLE.
   37    S  5.  This  act  shall take effect on the sixtieth day after it shall
   38  have become a law.