NY State Senate Bill 2017-S8960

Senate Bill S8960

2017-2018 Legislative Session

Includes certain pharmacists as qualified health care professionals and authorizing such pharmacists to complete a waived test

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2018	referred to rules

2017-S8960 (ACTIVE) - Details

See Assembly Version of this Bill:: A11256
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§571, 579 & 206, Pub Health L; amd §6801, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A3867
2021-2022: A3033
2023-2024: A6627

2017-S8960 (ACTIVE) - Summary

Includes certain pharmacists as qualified health care professionals and authorizes such pharmacists to complete a waived test and directs the commissioner of health to establish a list of CLIA-waived tests.

2017-S8960 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8960

SPONSOR: GRIFFO
 
TITLE OF BILL:  An act to amend the public health law and the educa-
tion law, in relation to including certain pharmacists as qualified
health care professionals and authorizing such pharmacists to complete a
waived test

 
PURPOSE:

The bill adds pharmacists to the list of licensed health care profes-
sionals authorized under public health law to perform non-invasive labo-
ratory tests as an adjunct to their professional services. Pharmacies
provide convenient and flexible points of access to the healthcare
system. This legislation authorizes pharmacists to perform non-invasive
tests that are specified in regulations issued by the Commissioner of
Health.

 
SUMMARY OF PROVISIONS:

The bill amends Paragraph 6 of Section 571 of Public Health Law (Clin-

ical Laboratory and Blood Banking Services) to add pharmacists to the
list of licensed health care professionals who are qualified to perform
clinical laboratory tests that do not use an invasive modality.

The bill adds a new paragraph (w) of Section 206 of Public Health Law
(Duties of the Commissioner) to authorize the Commissioner to establish
the list of CLIA-waived tests that pharmacists may perform.  The bill
lists as examples tests for the presence of an opiate, Influenza A,
Influenza A/B, Influenza B, streptococcus Group-a, hepatitis c, human
immunodeficiency virus, hemoglobin A1C and blood glucose.

The bill amends paragraph 6 of Section 6801 of the Education Law which
expands the scope of practice of pharmacists to include performing the
non-invasive tests as authorized by the Commissioner of Health under
relevant sections of Public Health Law.

 
JUSTIFICATION:

New York lags far behind the rest of the country with regard to the
scope of practice for pharmacists. According to the National Association
of the Boards of Pharmacy 39 states currently permit pharmacists to
perform non-invasive FDA-approved tests that are commonly described as
CLIA-waived tests. These are simple, low-risk tests available without a
prescription or medical order.

Pharmacists are licensed clinicians who are uniquely situated to advance
New York's public health objectives. Their non-threatening presence in
community pharmacies represents an opportunity to engage members of the
public that otherwise might not be reached.  Authorizing the Commission-
er of Health to specify the tests that a pharmacist would perform both
limits the actual tests to be performed by pharmacists and provides
needed flexibility to respond to public health needs and programs.

The simple test for blood glucose or hemoglobin A1C performed by a phar-
macist would improve care of diabetic patients at the pharmacy.  The
bill removes the barrier in current law that prevents pharmacists work-
ing one-to-one with patients from fully demonstrating the glucose test-
ing procedure and device. The diabetic patient is but one example of the
many ways the legislation can improve therapeutic outcomes and quality
of care overall. As mentioned, pharmacists are well positioned to
enhance continuity of care connected to a patient's medical home.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

2017-S8960 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8960
 
                             I N  S E N A T E
 
                               June 7, 2018
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law and the education law, in relation
   to including certain pharmacists  as  qualified  health  care  profes-
   sionals and authorizing such pharmacists to complete a waived test

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 571 of the public health  law,  as
 amended  by  chapter  444  of  the  laws  of 2013, is amended to read as
 follows:
   6. "Qualified health care professional" means  a  physician,  dentist,
 podiatrist,  optometrist performing a clinical laboratory test that does
 not use an invasive modality as defined in section  seventy-one  hundred
 one  of  the  education  law, PHARMACIST CONSISTENT WITH THE LIMITATIONS
 ESTABLISHED IN SUBDIVISION (W) OF SECTION TWO HUNDRED SIX OF THIS  CHAP-
 TER,  physician  assistant, specialist assistant, nurse practitioner, or
 midwife, who is licensed and registered with the state education depart-
 ment.
   § 2. Subdivision 1 of section 579 of the public health law, as amended
 by chapter 376 of the laws of 2015, is amended to read as follows:
   1. This title is applicable to all  clinical  laboratories  and  blood
 banks operating within the state, except clinical laboratories and blood
 banks operated by the federal government and clinical laboratories oper-
 ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
 tioner,  optometrist performing a clinical laboratory test that does not
 use an invasive modality as defined in section seventy-one  hundred  one
 of  the education law, PHARMACIST CONSISTENT WITH THE LIMITATIONS ESTAB-
 LISHED IN SUBDIVISION (W) OF SECTION TWO HUNDRED SIX OF THIS CHAPTER, or
 podiatrist who performs laboratory tests or  procedures,  personally  or
 through  his  or her employees, solely as an adjunct to the treatment of
 his or her own patients; to the extent authorized by federal  and  state
 law, including the education law.
   §  3.  Section  6801  of  the education law is amended by adding a new
 subdivision 6 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16239-01-8

 S. 8960                             2
 
   6. A LICENSED PHARMACIST, MAY COMPLETE A "WAIVED TEST", AS DEFINED  IN
 SUBDIVISION  FIVE  OF  SECTION  FIVE  HUNDRED  SEVENTY-ONE OF THE PUBLIC
 HEALTH LAW.
   §  4. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) ESTABLISH A LIST OF CLIA-WAIVED TESTS THAT  MAY  BE  PERFORMED  BY
 PHARMACISTS  LICENSED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-SEVEN OF THE
 EDUCATION LAW.  THIS LIST SHALL INCLUDE, BUT IS NOT LIMITED TO, OPIOIDS,
 INFLUENZA TYPE-A/B, STREP TYPE-A, HEPATITIS  C,  HUMAN  IMMUNODEFICIENCY
 VIRUS, AND BLOOD GLUCOSE. IN CONNECTION WITH SPECIFIC TESTS, THE COMMIS-
 SIONER  SHALL  ESTABLISH PROTOCOLS BETWEEN HEALTH CARE PRACTITIONERS AND
 PHARMACISTS, AS APPROPRIATE.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  6801  of the education law made by section
 three of this act shall not affect the expiration of  such  section  and
 shall be deemed to expire therewith.

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