S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3867--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of A. McDONALD, SAYEGH, ASHBY, ARROYO -- Multi-Spon-
   sored by -- M. of A. TAGUE -- read once and referred to the  Committee
   on  Higher  Education  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00699-02-9

 A. 3867--A                          2
 
 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:
   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 BE ESTABLISHED BY THE COMMISSIONER. IN
 CONNECTION WITH SPECIFIC TESTS, THE COMMISSIONER SHALL ESTABLISH  PROTO-
 COLS  BETWEEN  HEALTH CARE PRACTITIONERS AND PHARMACISTS, AS APPROPRIATE
 INCLUDING, BUT NOT LIMITED TO ESTABLISHING REQUIRED COMMUNICATIONS  FROM
 PHARMACISTS TO HEALTHCARE PRACTITIONERS REGARDING TEST RESULTS.
   §  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.   Effective immediately  the  addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed on or before such date.