S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   598

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  JAFFEE,  LUPARDO, LANCMAN, BURLING, BOYLAND,
  GUNTHER,  SCHROEDER  --  Multi-Sponsored  by  --  M.  of  A.  CALHOUN,
  JEFFRIES,  P. LOPEZ,  PHEFFER, WEISENBERG -- 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:

  Section  1.  Section  8607 of the education law is amended by adding a
new subdivision 4 to read as follows:
  4. PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED SEVENTY-SIX OF
THE PUBLIC HEALTH LAW, THE COMMISSIONER SHALL CONSULT WITH  THE  COMMIS-
SIONER  OF HEALTH ON (A) THE ESTABLISHMENT OF STANDARDS OF EDUCATION FOR
OUT-OF-STATE CLINICAL  LABORATORY  PRACTITIONERS,  AND  (B)  DETERMINING
WHETHER  THE  EDUCATIONAL  COMPONENTS  OF OTHER JURISDICTIONS' PERSONNEL
LICENSING  PROGRAMS  ARE  SIGNIFICANTLY  COMPARABLE  TO  THE   EDUCATION
REQUIREMENTS  ESTABLISHED BY THE DEPARTMENT IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF SECTION EIGHTY-SIX HUNDRED FIVE, PARAGRAPH (B)  OF  SUBDIVI-
SION  TWO OF SECTION EIGHTY-SIX HUNDRED FIVE, SUBDIVISION TWO OF SECTION
EIGHTY-SIX HUNDRED  SIX,  AND  SUBDIVISION  TWO  OF  SECTION  EIGHTY-SIX
HUNDRED SIX-A OF THIS ARTICLE.
  S  2.  Section 576 of the public health law is amended by adding a new
subdivision 9 to read as follows:
  9. BY JULY FIRST, TWO THOUSAND  TWELVE,  THE  DEPARTMENT  SHALL  ADOPT
REGULATIONS  THAT ESTABLISH QUALIFICATIONS FOR CLINICAL LABORATORY PRAC-
TITIONERS PRACTICING IN OUT-OF-STATE LABORATORIES  LICENSED  UNDER  THIS
ARTICLE  THAT ARE SUBSTANTIALLY EQUIVALENT TO QUALIFICATIONS ESTABLISHED
BY THE EDUCATION DEPARTMENT, INCLUDING THE REQUIREMENT FOR  AN  EXAMINA-
TION  ISSUED BY A RECOGNIZED ACCREDITING ORGANIZATION THAT IS SIMILAR TO
THOSE EXAMS ADMINISTERED BY THE EDUCATION DEPARTMENT UNDER  ARTICLE  ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03989-01-1

A. 598                              2

HUNDRED  SIXTY-FIVE  OF  THE  EDUCATION  LAW.   IN CONSULTATION WITH THE
EDUCATION DEPARTMENT, THE DEPARTMENT SHALL (A)  ESTABLISH  STANDARDS  OF
EDUCATION  FOR  OUT-OF-STATE  CLINICAL LABORATORY PRACTITIONERS, AND (B)
DETERMINE  WHETHER  THE  EDUCATIONAL  COMPONENTS OF OTHER JURISDICTIONS'
PERSONNEL LICENSING PROGRAMS ARE SIGNIFICANTLY COMPARABLE TO THE  EDUCA-
TIONAL  REQUIREMENTS  IN  SECTIONS  EIGHTY-SIX  HUNDRED FIVE, EIGHTY-SIX
HUNDRED SIX, AND EIGHTY-SIX HUNDRED SIX-A OF THE EDUCATION LAW.
  S 3. The opening paragraph of subdivision 2  of  section  575  of  the
public health law is designated paragraph (a) and a new paragraph (b) is
added to read as follows:
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER SHALL REQUIRE AN ATTESTATION FROM THE DIRECTOR OF  A  CLIN-
ICAL  LABORATORY LOCATED OUTSIDE OF NEW YORK STATE AND LICENSED OR SEEK-
ING LICENSURE UNDER THIS TITLE, THAT ALL CLINICAL LABORATORY PRACTITION-
ERS, AS DEFINED IN SECTION EIGHTY-SIX HUNDRED ONE OF THE EDUCATION  LAW,
PRACTICING CLINICAL LABORATORY TECHNOLOGY ON OR INVOLVING NEW YORK STATE
SPECIMENS,  UNLESS  EXEMPT  FROM  LICENSURE OR CERTIFICATION PURSUANT TO
SECTION EIGHTY-SIX HUNDRED NINE OF THE EDUCATION LAW, WHO  DO  NOT  HOLD
THE  APPROPRIATE VALID LICENSE, PERMIT OR CERTIFICATE ISSUED PURSUANT TO
ARTICLE ONE HUNDRED SIXTY-FIVE OF THE EDUCATION LAW, MEET THE  STANDARDS
AND REQUIREMENTS ESTABLISHED IN SUBDIVISION NINE OF SECTION FIVE HUNDRED
SEVENTY-SIX  OF  THIS  TITLE.  RECORDS OF ON-SITE REVIEWS OF CREDENTIALS
WILL BE MAINTAINED BY BOTH THE LABORATORY AND THE DEPARTMENT.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.