A01202 Summary:

COSPNSRGottfried, Lupardo, Galef, Steck, Arroyo, Linares
MLTSPNSRCook, McDonough, Rivera, Robinson, Stirpe, Thiele
Amd S8607, Ed L; amd SS575 & 576, Pub Health L
Relates to out-of-state clinical laboratory practitioners.
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A01202 Actions:

01/08/2015referred to higher education
06/01/2015reported referred to rules
06/08/2015rules report cal.59
06/08/2015substituted by s14
 04/22/20151ST REPORT CAL.408
 04/23/20152ND REPORT CAL.
 05/27/2015PASSED SENATE
 05/27/2015referred to higher education
 06/08/2015substituted for a1202
 06/08/2015ordered to third reading rules cal.59
 06/18/2015passed assembly
 06/18/2015returned to senate
 11/20/2015VETOED MEMO.247
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A01202 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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.
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A01202 Text:

                STATE OF NEW YORK
                               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.

        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.
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