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A01468 Summary:

BILL NOA01468
 
SAME ASSAME AS S00765
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §§573 & 225, Pub Health L (as proposed in S.8966-A & A.9235-A)
 
Clarifies provisions relating to certificates of qualification for clinical laboratories and blood banks.
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A01468 Actions:

BILL NOA01468
 
01/09/2025referred to health
01/14/2025reported referred to rules
01/14/2025reported
01/14/2025rules report cal.31
01/14/2025ordered to third reading rules cal.31
01/27/2025passed assembly
01/27/2025delivered to senate
01/27/2025REFERRED TO RULES
02/04/2025SUBSTITUTED FOR S765
02/04/20253RD READING CAL.39
02/04/2025PASSED SENATE
02/04/2025RETURNED TO ASSEMBLY
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A01468 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1468
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public health law, in relation to certificates of qualification for clinical laboratories and blood banks   TITLE OF BILL: An act to amend the public health law, in relation to certificates of qualification for clinical laboratories and blood banks   PURPOSE: To make minor technical and clarifying changes to the public health law in relation to certificates of qualification for clinical laboratories and blood banks.   SUMMARY OF PROVISIONS: This bill amends Chapter 562 of the Laws of 2024 by clarifying those minimum qualifications for lab directors are prescribed by the Depart- ment of Health and in accordance with federal regulations and removing the ability for the sanitary code to prescribe qualifications for labo- ratory directors.   JUSTIFICATION: The Clinical Laboratory Improvement Amendments of 1988 (CLIA) are feder- al regulations that created standards for US facilities that test human specimens for research or to diagnose or treat disease. It required these facilities to be certified by the Department of Health and Human Services. However, if a state's requirements are at least as stringent as the federal rules for clinical laboratories, that state can be exempt from CLIA requirements. Minor technical and conforming changes were necessary to clarify the Department of Health's authority in prescribing minimum qualifications for lab directors.   LEGISLATIVE HISTORY: This is a new bill.   BUDGET IMPLICATIONS: None noted.   EFFECTIVE DATE: This act shall take effect on the same date in the same manner as a chapter of the laws of 2024 amending the public health law relating to certificates of qualification for clinical laboratories and blood banks, as proposed in legislative bills numbers S. 8966-A and A. 9235-A, takes effect.
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A01468 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1468
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN  ACT  to  amend the public health law, in relation to certificates of
          qualification for clinical laboratories and blood banks
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 573 of the public health law, as
     2  amended by a chapter of the laws of 2024 amending the public health  law
     3  relating  to certificates of qualification for clinical laboratories and
     4  blood banks, as proposed in legislative bills numbers S. 8966-A  and  A.
     5  9235-A, is amended to read as follows:
     6    1.  The  department  shall issue a certificate of qualification to any
     7  person who meets [prescribed] minimum qualifications [under], prescribed
     8  by the department and in accordance with federal regulations,  including
     9  board  certification  as required, and who otherwise demonstrates to the
    10  department that such person possesses the character, competence,  train-
    11  ing  and  ability  to  administer  properly the technical and scientific
    12  operation of a clinical laboratory or blood bank, including  supervision
    13  of procedures and reporting of findings of tests.
    14    §  2.  Paragraph  (b)  of  subdivision  5 of section 225 of the public
    15  health law, as amended by chapter 571 of the laws of 1976, is amended to
    16  read as follows:
    17    (b) prescribe the qualifications of public  health  personnel  of  the
    18  department,  directors  of  divisions,  regional health directors, state
    19  district health officers, local health  officers;  [directors  or  other
    20  persons  in  charge of laboratories;] county and city health commission-
    21  ers, deputy and assistant county or city  health  commissioners;  public
    22  health  administrators; county health directors and deputy and assistant
    23  county health directors;  directors  of  county  physically  handicapped
    24  children's   programs;  directors  of  medical  care  (local  assistance
    25  programs); public health  nurses;  public  health  physical  therapists;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02906-01-5

        A. 1468                             2
 
     1  public  health educators; nurse-midwives; medical social workers; public
     2  health social workers; radiation safety officers;  sanitary  and  public
     3  health engineers, sanitarians, sanitary inspectors; public health veter-
     4  inarians;  operators  of public water treatment and purification plants;
     5  and the qualifications of persons not paid from public funds and who are
     6  appointed and employed after January first, nineteen hundred  forty-sev-
     7  en,  as  operators  of  water  treatment or purification plants owned or
     8  operated by water companies, corporations or by a  person  or  group  of
     9  persons  serving  the general public residing in a political subdivision
    10  or any part thereof;
    11    § 3. This act shall take effect on the same date in the same manner as
    12  a chapter of the laws of 2024 amending the public health law relating to
    13  certificates of qualification for clinical laboratories and blood banks,
    14  as proposed in legislative bills numbers S. 8966-A and A. 9235-A,  takes
    15  effect.
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