Relates to the licensure of pathologists' assistants

Title of bill

An act to amend the education law, in relation to the licensure of pathologists' assistants

Purpose

To ensure that pathologists' assistants have an appropriate licensure category to enable their practice in the State.

Summary of provisions

Creates a new article 168 of the Education Law, "licensed pathologists' assistant", that establishes a licensure category for these professionals.

Section 8850 defines the term "pathologists' assistants" and their scope of practice. Section 8851 limits the use of the title "pathologists' assistant" and the designation "Path A". Section 8852 sets out education examination and character requirements for licensure. Section 8853 allows the State Education Department (SED) to license experienced individuals who meet the licensure requirements except for the specific education and examination requirements for a limited period of time. Section 8854 creates a committee to advise SED on matters relating to pathologists' assistants. Section 8855 establishes a limited permit, which would last a maximum of two years for qualified individuals who may not yet have taken the required examination. Section 8856 exempts certain individuals, including military and other personnel from the bill's licensure requirements.

Justification

Pathologists' assistants are highly trained individuals who, under the supervision of pathologists, perform gross tissue examination and dissection, select specimens to serve as the basis for pathologist diagnoses and assist in the conduct of autopsies. They provide an invaluable function in many academic medical centers and clinical laboratories across New York.

However, pathologists' assistant in New York currently lack an appropriate licensure category. Their only current alternative is to try to qualify for various categories of laboratory personnel covered by Clinical Laboratory Technology Practice Act (Chapter 755 of the Laws of 2004; later amended by Chapter 204 of the Laws of 2008, Chapter 336 of the Laws of 2013 and Chapter 276 of the Laws of 2014). However, none of these categories reflects the education, training and expertise of these highly trained individuals, many of whom are nationally certified as pathologists' assistants or hold international medical degrees. In addition, many of the pathologists' assistant are able to be licensed only under the limited license provided under the Clinical Laboratory Technology Practice Act which is currently scheduled to sunset in September 2016.

This legislation would remedy that situation by creating a new licensure category for pathologists' assistants in the education law. It would require clear standards for their practice to be enforced by SED. This would ensure only qualified individuals could undertake pathologists' assistants responsibilities, protecting the public health as well as the valued professionals and the institutions they serve.

Legislative history

New bill. FISCAL IMPLICATIONS :

Minimal administrative costs to SED.

Effective date

This act shall take effect one year after it shall have become law, provided, however, that section 8852 of the education law as added by section one of this act shall take effect two years after this act shall have become law; provided, further, that the Department of Education is authorized to promulgate regulations that may be required and to take other measures necessary to implement this article prior to the effective date of this act, including appointment of the state committee ologists' assistants, and acceptance and processing of applications for licensure.