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A08702 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     October 5, 2017
        Introduced by M. of A. D'URSO -- read once and referred to the Committee
          on Higher Education
        AN ACT to amend the education law, in relation to phlebotomists
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new article 169 to
     2  read as follows:
     3                                 ARTICLE 169
     4                                 PHLEBOTOMY
     5  Section 8900. Introduction.
     6          8901. Definitions.
     7          8902. Definition of the practice of "phlebotomy".
     8          8903. The practice of and use of the title "certified phlebotomy
     9                  technician".
    10          8904. Requirements and procedures for certification.
    11          8905. Special provisions.
    12          8906. Limited permits.
    13          8907. Exemptions.
    14          8908. State board for phlebotomy technicians.
    15    § 8900. Introduction. This article applies to the profession and prac-
    16  tice of phlebotomy and to the use of  the  title  "certified  phlebotomy
    17  technician".  The  general  provisions  for all professions contained in
    18  article one hundred thirty of this title apply to this article.
    19    § 8901. Definitions. As used in  this  article,  the  following  terms
    20  shall have the following meanings:
    21    1.  "certified phlebotomy technician" means an individual who performs
    22  phlebotomy procedures  and  has  met  recognized  minimum  training  and
    23  certification standards.
    24    2.  "indwelling  lines" means previously-existing access lines such as
    25  catheters for intravenous therapy, shunts  for  dialysis,  and  arterial
    26  lines.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8702                             2
     1    3.  "phlebotomist  or  phlebotomy  technician" means an individual who
     2  performs phlebotomy procedures.
     3    4. "phlebotomy or a phlebotomy procedure" means the clinical procedure
     4  performed  by  a  phlebotomist  for the purpose of withdrawing blood for
     5  clinical laboratory testing.
     6    5. "venipuncture" means the insertion of a hollow needle into a vein.
     7    6. "venipuncture  procedure"  means  a   procedure,   in   phlebotomy,
     8  performed  for  the  purpose of withdrawing a sample of venous blood for
     9  testing.
    10    § 8902. Definition of the practice of "phlebotomy".  The  practice  of
    11  phlebotomy  by  a "certified phlebotomy technician" shall mean the clin-
    12  ical procedure performed by a certified phlebotomy  technician  for  the
    13  purpose of withdrawing blood for clinical laboratory testing.
    14    §  8903.  The  practice  of and use of the title "certified phlebotomy
    15  technician". Only a person certified or exempt under this article  shall
    16  practice  phlebotomy.  Only  a person certified under this article shall
    17  use the title "certified phlebotomy technician".
    18    § 8904. Requirements and procedures for certification. 1.  To  qualify
    19  for  certification  as  a  certified phlebotomy technician, an applicant
    20  shall fulfill the following requirements:
    21    (a) Application: file an application with the department;
    22    (b) Education: have received an education, including a  bachelor's  or
    23  higher  degree from a program registered by the department or determined
    24  by the department to be the substantial equivalent thereof,  in  accord-
    25  ance with the commissioner's regulations;
    26    (c)  Experience:  have  experience in the practice of applied behavior
    27  analysis satisfactory to the board and the department in accordance with
    28  the commissioner's regulations;
    29    (d) Examination: pass an examination acceptable to the board  and  the
    30  department in accordance with the commissioner's regulations;
    31    (e) Age: be at least twenty-one years of age;
    32    (f) Character: be of good moral character as determined by the depart-
    33  ment and submit an attestation of moral character; and
    34    (g) Fee: pay a fee of one hundred fifty dollars for an initial certif-
    35  ication  and  a fee of seventy-five dollars for each triennial registra-
    36  tion period.
    37    2. The commissioner shall require for certification that the applicant
    38  has completed:
    39    (a) lectures and instructions on: (i)  pertinent  anatomy,  physiology
    40  and  histology; (ii) proper skin-puncture procedure and technique; (iii)
    41  proper venipuncture procedure and technique; (iv) post-puncture  patient
    42  care;  (v)  choice  of  equipment;  (vi) common laboratory tests, tubes,
    43  additives;  (vii)  indwelling  lines;  (viii)  infection   control   and
    44  isolation  procedures;  (ix)  hazards and complications; and (x) care of
    45  specimen; and
    46    (b) a documented performance of at least three successful venipuncture
    47  procedures.
    48    § 8905. Special provisions. An individual who meets  the  requirements
    49  for certification as a certified phlebotomy technician, except for exam-
    50  ination, experience and education, and who is certified or registered by
    51  a  national  certifying body having certification or registration stand-
    52  ards acceptable to the commissioner, may be licensed or certified, with-
    53  out meeting additional requirements as to  examination,  experience  and
    54  education,  provided  that such individual submits an application to the
    55  department within two years of the effective date of this section.

        A. 8702                             3
     1    § 8906. Limited permits. The  following  requirements  for  a  limited
     2  permit  shall  apply to all professions certified pursuant to this arti-
     3  cle:
     4    1. The department may issue a limited permit to an applicant who meets
     5  all  qualifications  for  certification,  except  the examination and/or
     6  experience requirements,  in  accordance  with  regulations  promulgated
     7  therefor.
     8    2.  Limited permits shall be for one year; such limited permits may be
     9  renewed, at the discretion of the department, for one additional year.
    10    3. The fee for each limited permit  and  for  each  renewal  shall  be
    11  seventy dollars.
    12    4.  A  limited  permit holder shall practice only under supervision as
    13  determined in accordance with the commissioner's regulations.
    14    § 8907.  Exemptions.  Nothing  contained  in  this  article  shall  be
    15  construed  to  limit  the  scopes  of  practice  of any other profession
    16  licensed under this title.
    17    § 8908. State board for phlebotomy technicians. 1. A state  board  for
    18  phlebotomy  technicians  shall be appointed by the board of regents upon
    19  the recommendation of the commissioner and shall assist  on  matters  of
    20  licensing and professional conduct in accordance with section sixty-five
    21  hundred  eight  of this title. An executive secretary of the board shall
    22  be appointed by the board of regents  upon  the  recommendation  of  the
    23  commissioner.
    24    2. The board shall consist of seven individuals, to be composed of the
    25  following:
    26    (a) Five certified phlebotomy technicians; and
    27    (b)  Two public representatives, as defined in paragraph b of subdivi-
    28  sion one of section sixty-five hundred eight of this title.
    29    § 2. If any section of article 169 of the education law, as  added  by
    30  section one of this act, or part thereof, shall be adjudged by any court
    31  of competent jurisdiction to be invalid, such judgment shall not affect,
    32  impair or invalidate the remainder of any other section or part thereof.
    33    §  3. This act shall take effect July 1, 2018; provided that effective
    34  immediately, the addition, amendment and/or repeal of any rule or  regu-
    35  lation  necessary  for  the  implementation of this act on its effective
    36  date are authorized and directed to be made and completed on  or  before
    37  such effective date.
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