NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1202
SPONSOR: Jaffee (MS) TITLE OF BILL: An act to amend the education law and the public
health law, in relation to out-of-state clinical laboratory practition-
ers
PURPOSE OR GENERAL IDEA OF BILL: This legislation would amend exist-
ing provisions of law related to the licensing of clinical laboratory in
order to establish standards for those out-of-state practitioners work-
ing on specimens from New York State. Current interpretation of the law
has resulted in a dual standard of quality for clinical laboratory work
dependent on, whether or not the laboratory serving New York State resi-
dents is located in New York State.
SUMMARY OF SPECIFIC PROVISIONS: This bill requires that out-of-state
laboratories licensed and regulated by New York State for the purpose of
testing specimens from New York State residents, demonstrate that they
meet standards which are substantially similar to the education depart-
ment's educational requirements, or that they meet other standards
established by the education department and department of public health.
JUSTIFICATION: The Clinical Laboratory Technology Practice Act of
2004 required people working in technical positions in laboratories
licensed by the department of public health to obtain a professional
license from the education department. The goal of the legislation was
to ensure that the people tasked with performing the clinical laboratory
tests that underlie most modern medical decisions were being held to the
highest professional standards.
The law was interpreted to only require the licensing of technical
personnel working in New York State. Because the department of health
regulates laboratories that accept specimens from New York State regard-
less of location, but only technical personnel working within the state
are required to be licensed, laboratories located in the state are
subject to more regulation than their out-of-state counterparts.
This legislation establishes a uniform standard for quality and training
of clinical practitioners, resulting in better protection of the health
and safety of New Yorkers served by out-of-state laboratories.
PRIOR LEGISLATIVE HISTORY: 01/08/14 referred to higher education
01/09/13 referred to higher education 01/04/12 referred to higher educa-
tion 01/05/11 referred to higher education
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1202
2015-2016 Regular Sessions
IN ASSEMBLY
January 8, 2015
___________
Introduced by M. of A. JAFFEE, GOTTFRIED -- Multi-Sponsored by -- M. of
A. COOK, McDONOUGH, ROBINSON, THIELE -- read once and referred 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 § 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 sixteen, 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
24 education department, the department shall (a) establish standards of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00463-01-5
A. 1202 2
1 education for out-of-state clinical laboratory practitioners, and (b)
2 determine whether the educational components of other jurisdictions'
3 personnel licensing programs are significantly comparable to the educa-
4 tional requirements in sections eighty-six hundred five, eighty-six
5 hundred six, and eighty-six hundred six-a of the education law.
6 § 3. The opening paragraph of subdivision 2 of section 575 of the
7 public health law is designated paragraph (a) and a new paragraph (b) is
8 added to read as follows:
9 (b) Notwithstanding any other provision of law to the contrary, the
10 commissioner shall require an attestation from the director of a clin-
11 ical laboratory located outside of New York state and licensed or seek-
12 ing licensure under this title, that all clinical laboratory practition-
13 ers, as defined in section eighty-six hundred one of the education law,
14 practicing clinical laboratory technology on or involving New York state
15 specimens, unless exempt from licensure or certification pursuant to
16 section eighty-six hundred nine of the education law, who do not hold
17 the appropriate valid license, permit or certificate issued pursuant to
18 article one hundred sixty-five of the education law, meet the standards
19 and requirements established in subdivision nine of section five hundred
20 seventy-six of this title. Records of on-site reviews of credentials
21 will be maintained by both the laboratory and the department.
22 § 4. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law.
