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S09172 Summary:

BILL NOS09172
 
SAME ASNo Same As
 
SPONSORFAHY
 
COSPNSR
 
MLTSPNSR
 
Add §579-a, Pub Health L
 
Provides that clinical laboratories may provide laboratory testing at the request of individuals, without a practitioner order or prescription, for certain types of cholesterol.
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S09172 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9172
 
                    IN SENATE
 
                                    February 10, 2026
                                       ___________
 
        Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law,  in  relation  to  direct  access
          laboratory testing for certain lipid screening assays
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  579-a to read as follows:
     3    §  579-a. Direct access laboratory testing for certain lipid screening
     4  assays. 1. Authorization. Notwithstanding any other provision of law,  a
     5  clinical  laboratory licensed pursuant to this article may perform labo-
     6  ratory testing, at the request of an individual and  without  a  practi-
     7  tioner order or prescription, limited to the following assays:  low-den-
     8  sity  lipoprotein  cholesterol  (LDL-C), including direct measurement or
     9  calculated  HDL  cholesterol,  LDL  cholesterol,  triglycerides,   total
    10  cholesterol, and lipoprotein(a) (Lp(a)).
    11    2.  Laboratory  requirements. A clinical laboratory performing testing
    12  pursuant to this section shall:
    13    (a) provide the test results to the subject of the test in a clear and
    14  understandable format; and
    15    (b) comply with all applicable requirements  of  this  article,  regu-
    16  lations  promulgated  thereunder,  and  the  federal clinical laboratory
    17  improvement amendments of 1988 (CLIA).
    18    3. Limitations. Nothing in this section shall be construed to:
    19    (a) authorize the diagnosis or treatment of any disease  or  condition
    20  by a clinical laboratory;
    21    (b)  expand or alter the scope of practice of any licensed health care
    22  profession; or
    23    (c) permit direct access laboratory  testing  without  a  practitioner
    24  order for any assay other than those expressly identified under subdivi-
    25  sion one of this section.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it  shall  have become a law. Effective immediately, the commissioner of
    28  health is authorized to take any actions necessary to implement this act
    29  on or before such effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14382-02-6
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