S T A T E O F N E W Y O R K
________________________________________________________________________
1766
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
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Introduced by M. of A. JAFFEE, LUPARDO, BOYLAND, GUNTHER, ENGLEBRIGHT --
Multi-Sponsored by -- M. of A. MONTESANO, WEISENBERG -- 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 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 THIRTEEN, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02606-01-3
A. 1766 2
1 EDUCATION DEPARTMENT, THE DEPARTMENT SHALL (A) ESTABLISH STANDARDS OF
2 EDUCATION FOR OUT-OF-STATE CLINICAL LABORATORY PRACTITIONERS, AND (B)
3 DETERMINE WHETHER THE EDUCATIONAL COMPONENTS OF OTHER JURISDICTIONS'
4 PERSONNEL LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE EDUCA-
5 TIONAL REQUIREMENTS IN SECTIONS EIGHTY-SIX HUNDRED FIVE, EIGHTY-SIX
6 HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
7 S 3. The opening paragraph of subdivision 2 of section 575 of the
8 public health law is designated paragraph (a) and a new paragraph (b) is
9 added to read as follows:
10 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
11 COMMISSIONER SHALL REQUIRE AN ATTESTATION FROM THE DIRECTOR OF A CLIN-
12 ICAL LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR SEEK-
13 ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
14 ERS, AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION LAW,
15 PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
16 SPECIMENS, UNLESS EXEMPT FROM LICENSURE OR CERTIFICATION PURSUANT TO
17 SECTION EIGHTY-SIX HUNDRED NINE OF THE EDUCATION LAW, WHO DO NOT HOLD
18 THE APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT TO
19 ARTICLE ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE STANDARDS
20 AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
21 SEVENTY-SIX OF THIS TITLE. RECORDS OF ON-SITE REVIEWS OF CREDENTIALS
22 WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE DEPARTMENT.
23 S 4. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law.
