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AB1766 Text:

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

                                        1766--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M. of A. JAFFEE, LUPARDO, GUNTHER, ENGLEBRIGHT, ROBERTS,
         GOTTFRIED -- Multi-Sponsored by -- M. of A. COOK, P. LOPEZ, McDONOUGH,
         MONTESANO, ROBINSON, STECK, SWEENEY, THIELE, WEISENBERG --  read  once
         and  referred  to  the Committee on Higher Education -- recommitted to
         the Committee on Higher Education in accordance with Assembly Rule  3,
         sec.  2  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee

       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    S  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 FIFTEEN,  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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02606-03-4
       A. 1766--A                          2

    1  BY THE EDUCATION DEPARTMENT, INCLUDING THE REQUIREMENT FOR  AN  EXAMINA-
    2  TION  ISSUED BY A RECOGNIZED ACCREDITING ORGANIZATION THAT IS SIMILAR TO
    3  THOSE EXAMS ADMINISTERED BY THE EDUCATION DEPARTMENT UNDER  ARTICLE  ONE
    4  HUNDRED  SIXTY-FIVE  OF  THE  EDUCATION  LAW.   IN CONSULTATION WITH THE
    5  EDUCATION DEPARTMENT, THE DEPARTMENT SHALL (A)  ESTABLISH  STANDARDS  OF
    6  EDUCATION  FOR  OUT-OF-STATE  CLINICAL LABORATORY PRACTITIONERS, AND (B)
    7  DETERMINE WHETHER THE EDUCATIONAL  COMPONENTS  OF  OTHER  JURISDICTIONS'
    8  PERSONNEL  LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE EDUCA-
    9  TIONAL REQUIREMENTS IN  SECTIONS  EIGHTY-SIX  HUNDRED  FIVE,  EIGHTY-SIX
   10  HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
   11    S  3.  The  opening  paragraph  of subdivision 2 of section 575 of the
   12  public health law is designated paragraph (a) and a new paragraph (b) is
   13  added to read as follows:
   14    (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
   15  COMMISSIONER  SHALL  REQUIRE AN ATTESTATION FROM THE DIRECTOR OF A CLIN-
   16  ICAL LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR  SEEK-
   17  ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
   18  ERS,  AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION LAW,
   19  PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
   20  SPECIMENS, UNLESS EXEMPT FROM LICENSURE  OR  CERTIFICATION  PURSUANT  TO
   21  SECTION  EIGHTY-SIX  HUNDRED  NINE OF THE EDUCATION LAW, WHO DO NOT HOLD
   22  THE APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT  TO
   23  ARTICLE  ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE STANDARDS
   24  AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
   25  SEVENTY-SIX OF THIS TITLE. RECORDS OF  ON-SITE  REVIEWS  OF  CREDENTIALS
   26  WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE DEPARTMENT.
   27    S 4. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law.
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