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S05692 Summary:

S05692 Actions:

S05692 Committee Votes:

S05692 Floor Votes:

S05692 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5692--A
            Cal. No. 833
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      May 13, 2019
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading, passed by Senate and delivered  to
          the  Assembly, recalled, vote reconsidered, restored to third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN  ACT  to  amend the education law, in relation to restricted clinical
          laboratory licenses in toxicology
 
          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 8610 of the education law, as
     2  added by chapter 204 of the laws of 2008, paragraph (b)  as  amended  by
     3  chapter 276 of the laws of 2014, is amended to read as follows:
     4    1. Restricted clinical laboratory license.
     5    (a)  The  department  may issue a restricted license pursuant to which
     6  the restricted licensee may receive a  certificate  to  perform  certain
     7  examinations and procedures within the definition of clinical laboratory
     8  technology  set  forth  in subdivision one of section eighty-six hundred
     9  one of this article,  provided  that  such  a  restricted  licensee  may
    10  perform examinations and procedures only in those of the following areas
    11  which  are specifically listed in his or her certificate:  histocompati-
    12  bility, cytogenetics, stem cell process, flow  cytometry/cellular  immu-
    13  nology and molecular diagnosis to the extent such molecular diagnosis is
    14  included  in genetic testing-molecular and molecular oncology, and toxi-
    15  cology (under paragraph (b-1) of this subdivision).
    16    (b) Notwithstanding paragraph  (a)  of  this  subdivision,  restricted
    17  licensees  employed  at  National  Cancer  Institute  designated  cancer
    18  centers or at teaching hospitals that  are  eligible  for  distributions
    19  pursuant  to  paragraph (c) of subdivision three of section twenty-eight
    20  hundred seven-m of the public health law may receive a certificate  that
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11636-02-9
        S. 5692--A                          2
 
     1  also  includes  the  practice  of  molecular diagnosis including but not
     2  limited  to  genetic  testing-molecular  and  molecular  oncology,   and
     3  restricted  licensees  employed  at national cancer institute designated
     4  cancer  centers  may receive a certificate that includes the use of mass
     5  spectrometry or any tests and procedures acceptable to the  commissioner
     6  of  health,  in  consultation  with  the  commissioner,  in the field of
     7  proteomics, provided that such certificate holders may practice in  such
     8  additional areas only at such centers, teaching hospitals or other sites
     9  as may be designated by the commissioner.
    10    (b-1)  Only  individuals  employed  in  a New York state department of
    11  health authorized toxicology laboratory, operating under  the  direction
    12  of a clinical laboratory director, may obtain a certificate in toxicolo-
    13  gy.
    14    (c) To qualify for a restricted license, an applicant shall:
    15    (i) file an application with the department;
    16    (ii)  have received an education, including a bachelor's degree in the
    17  biological, chemical, or physical sciences  or  in  mathematics  from  a
    18  program  registered by the department or determined by the department to
    19  be the substantial equivalent;
    20    (iii) have completed a training program with  a  planned  sequence  of
    21  supervised  employment  or  engagement in activities appropriate for the
    22  area of certification, which training program  is  satisfactory  to  the
    23  department  in  quality, breadth, scope and nature and is provided by an
    24  entity that shall be responsible for the services provided. The training
    25  program shall be described and attested to by the clinical  director  of
    26  the  laboratory  in  which  it  is located prior to the beginning of the
    27  program. The duration of the training program shall be one year of full-
    28  time training in the specific areas in which the  applicant  is  seeking
    29  certification  or the part-time equivalent thereof, as determined by the
    30  department, and the successful  completion  of  such  program  shall  be
    31  certified  by  a  laboratory  director who is responsible for overseeing
    32  such program;
    33    (iv) be at least eighteen years of age;
    34    (v) be of good moral character as determined by the department; and
    35    (vi) pay a fee of one hundred  seventy-five  dollars  for  an  initial
    36  restricted  license  and  a  fee of one hundred seventy dollars for each
    37  triennial registration period.
    38    (d) Each restricted licensee shall register  with  the  department  as
    39  required of licensees pursuant to section sixty-five hundred two of this
    40  title  and shall be subject to the disciplinary provisions applicable to
    41  licensees pursuant to subarticle three of article one hundred thirty  of
    42  this title.
    43    § 2. This act shall take effect on the one hundred twentieth day after
    44  it  shall  have become a law. Effective immediately, the commissioner of
    45  education shall make  regulations  and  take  other  actions  reasonably
    46  necessary to implement this act on that date.