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S07932 Summary:

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S07932 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7932
 
                    IN SENATE
 
                                      May 26, 2016
                                       ___________
 
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
 
        AN ACT to amend the education law,  in  relation  to  the  licensure  of
          pathologists' assistants
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new article 168 to
     2  read as follows:
     3                                 ARTICLE 168
     4                      LICENSED PATHOLOGISTS' ASSISTANTS
     5  Section 8850. Definitions.
     6          8851. Practice as pathologists' assistant and use of  the  title
     7                  "pathologists' assistant".
     8          8852. Requirements for licensure as a pathologists' assistant.
     9          8853. Special provisions; eligibility.
    10          8854. State committee for pathologists' assistants.
    11          8855. Limited permits.
    12          8856. Exemptions and exempt persons.
    13    §  8850.  Definitions.  As used in this article: 1. The term "patholo-
    14  gists' assistant" means a person licensed to assist physicians who prac-
    15  tice pathology by providing services within the permitted scope of prac-
    16  tice for pathologists' assistants as defined in subdivision four of this
    17  section. All such services shall be performed under  the  direction  and
    18  supervision of a licensed physician who practices anatomic pathology.
    19    2. The term "direction and supervision" means continuous direction and
    20  supervision,  but  shall  not  be construed as necessarily requiring the
    21  physical presence of the supervising physician at  the  time  and  place
    22  where such services are performed.
    23    3.  The  term "physician" means a practitioner of medicine licensed to
    24  practice medicine pursuant to article one  hundred  thirty-one  of  this
    25  title.
    26    4. The term "scope of practice for pathologists' assistants" means the
    27  provision  of the following services under the direction and supervision
    28  of a licensed physician who practices anatomic pathology: (a)  preparing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15626-01-6
        S. 7932                             2
 
     1  gross  tissue sections for pathology analysis, including but not limited
     2  to, cutting, staining as required, describing gross  anatomic  features,
     3  dissecting  surgical  specimens, and submitting tissues for bio-banking,
     4  histologic  processing, or other analyses; (b) performing human postmor-
     5  tem examinations, including but not limited to, selection of tissues and
     6  fluids for further examination, external  examination,  dissection,  and
     7  gathering  and  recording information for autopsy reports; and (c) other
     8  functions and responsibilities in furtherance of and consistent with the
     9  foregoing as determined by the department. The term does not include the
    10  authority to diagnose or  provide  a  medical  opinion.  Services  of  a
    11  pathologists'  assistant must be performed in a laboratory or other site
    12  authorized under law to perform such services.
    13    5. The term "committee" means the state  committee  for  pathologists'
    14  assistants created by this article.
    15    §  8851.  Practice  as  pathologists'  assistant  and use of the title
    16  "pathologists' assistant". Only persons licensed or otherwise authorized
    17  to practice as a pathologists' assistant under this article shall  prac-
    18  tice pathologist assisting or use the title "pathologists' assistant" or
    19  the  term  "pathologists'  assistant" alone or in combination with other
    20  terms and phrases in describing their services  and  activities  or  the
    21  designation "Path A".
    22    §  8852.  Requirements for licensure as a pathologists' assistant.  To
    23  qualify for licensure as a "licensed pathologists' assistant", an appli-
    24  cant shall fulfill the following requirements:
    25    1. Application: file an application with the department;
    26    2. Education: receive an education, including a bachelor's  or  higher
    27  degree in pathologists' assistant, granted on the basis of completion of
    28  a  program  of pathologists' assistant registered with the department or
    29  the substantial equivalent thereof, in accordance with  the  commission-
    30  er's regulations;
    31    3. Examination: obtain a passing score on an examination acceptable to
    32  the department;
    33    4.  Age:  at  the  time of application be at least twenty-one years of
    34  age;
    35    5. Character: be of good moral character as determined by the  depart-
    36  ment; and
    37    6.  Fee: pay a fee determined by the department for an initial license
    38  and for each triennial registration period.
    39    § 8853. Special provisions; eligibility. An individual who  meets  the
    40  requirements  for a license as a licensed pathologists' assistant except
    41  for examination and education and who has been performing the duties  of
    42  a  pathologists' assistant for two of the five years prior to the effec-
    43  tive date of this article may be  licensed  without  meeting  additional
    44  requirements,  provided  that  such individual submits an application to
    45  the department within two years of the effective date of  this  article.
    46  For  this purpose, the applicant's supervising physicians must attest to
    47  the applicant's experience and competence.
    48    § 8854. State committee  for  pathologists'  assistants.  1.  A  state
    49  committee  for  pathologists' assistants shall be appointed by the board
    50  of regents upon the recommendation of the commissioner as a committee of
    51  the board of medicine to advise solely on matters relating  to  patholo-
    52  gists'  assistants  and shall assist on matters of licensure and profes-
    53  sional conduct. The  pathologists'  assistant  members  of  the  initial
    54  committee need not be licensed prior to their appointment but shall have
    55  met all other requirements of licensing pursuant to section eighty-eight
        S. 7932                             3
 
     1  hundred  fifty-three of this article except the filing of an application
     2  and paying a fee.
     3    2.  The  committee shall consist of no fewer than five individuals, to
     4  be composed of a minimum of the following:
     5    (a) one licensed physician who practices pathology;
     6    (b) three licensed pathologists' assistants; and
     7    (c) one public representative.
     8    § 8855. Limited permits. 1. Eligibility. A  person  who  fulfills  all
     9  requirements  for  licensure  as  a  pathologists' assistant except that
    10  relating to the examination shall be eligible for a limited permit.
    11    2. Limit of practice. A permittee shall be authorized to practice as a
    12  pathologists' assistant only under the direction and  supervision  of  a
    13  licensed  physician who practices anatomic pathology and pursuant to the
    14  order and direction of that licensed physician.
    15    3. Duration. A limited permit shall expire one year from the  date  of
    16  issuance.   A limited permit may be extended for one additional year for
    17  good cause as determined by the department.
    18    4. Fees. The fee for each limited permit shall be  determined  by  the
    19  department.
    20    §  8856. Exemptions and exempt persons. This article shall not prohib-
    21  it:
    22    1. The performance of any tasks or  responsibilities  by  any  student
    23  engaged  in clinical training in a general hospital licensed pursuant to
    24  article twenty-eight of the public health law, provided such practice is
    25  limited to clinical training that shall be carried out under the  direct
    26  supervision of a licensed physician who practices anatomic pathology; or
    27    2.  The  performance  of  any  tasks or responsibilities by any person
    28  licensed under this title, provided such tasks or  responsibilities  are
    29  permitted by the article governing the profession pursuant to which such
    30  person is licensed; or
    31    3.  The  performance  of  any tasks or responsibilities by any legally
    32  qualified pathologists' assistants of any other state or  territory  who
    33  is  serving  in  the  armed  forces  or the public health service of the
    34  United States or who is employed by the veterans  administration,  while
    35  engaged in the performance of his or her duties; or
    36    4. The performance of any tasks and responsibilities by any individual
    37  legally  carrying  out the examinations and tests enumerated in subdivi-
    38  sion two of section five hundred seventy-nine of the public health law.
    39    § 2. This act shall take effect one year after it  shall  have  become
    40  law,  provided, however, that section 8852 of the education law as added
    41  by section one of this act shall take effect two years  after  this  act
    42  shall  have become law; provided, further, that the department of educa-
    43  tion is authorized to promulgate regulations that may be required and to
    44  take other measures necessary to implement this  article  prior  to  the
    45  effective date of this act, including appointment of the state committee
    46  for  pathologists' assistants, and acceptance and processing of applica-
    47  tions for licensure.