What's happening
This bill establishes requirements for clinical laboratory supervision, including supervisor qualifications, responsibilities, and allowable supervision arrangements.
Why it matters
Establishes clear qualifications and responsibilities for clinical laboratory supervisors. , ensuring that only individuals with specific training and credentials can oversee technical staff and laboratory reporting, which may improve the reliability and safety of laboratory testing.
Allows for flexible supervision arrangements. , such as remote oversight via phone or two-way audiovisual communication, provided certain conditions are met—this could help laboratories maintain compliance and continuity of operations, especially in rural or understaffed settings.
Limits the number of laboratories a supervisor can oversee to five. , which aims to prevent overextension, ensure adequate attention to each facility, and potentially reduce errors due to supervisor workload.
Specifies that supervisors with cytology expertise may only supervise in that specialty. , reinforcing the importance of specialized knowledge for supervising specific types of laboratory work, which could impact the accuracy of test results and patient outcomes.
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Who cares
Headline styles
Require On-Site Lab Supervisors
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A10781A
- Amended on third reading 7521a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1497
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Lab Supervisors On-Site
Vetoed · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7521--A Cal. No. 1497
IN SENATE
January 19, 2018
Introduced by Sens. HANNON, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law, in relation to clinical laboratory supervision
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 576-d to read as follows:
§ 576-d. Clinical laboratory supervision. 1. Each clinical laboratory shall have one or more supervisors who shall, under the general direction of the director, supervise the technical personnel and reporting of findings, perform tests requiring special scientific skills, and, in the absence of the director, be responsible for the proper performance of all laboratory procedures.
2. A director who qualifies as provided in regulations promulgated pursuant to section five hundred seventy-three of this title shall also be deemed qualified as a supervisor.
3. Depending upon the size and functions of the clinical laboratory, the department may authorize the director to also serve as the supervisor of such laboratory.
4. The supervisor shall be on the clinical laboratory premises or available by phone or synchronous two-way electronic audio visual communications in accordance with any applicable regulations made by the department; provided, that if the supervisor is not on the laboratory premises and the person performing the test qualifies as a medical technologist as provided in regulations promulgated pursuant to sections five hundred seventy-four and five hundred seventy-six of this title, and thirty-one hundred twenty-one of this chapter, the results of his or her work are reviewed by the supervisor or director during his or her next duty period, and a record is maintained to reflect the actual
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13946-04-8
S. 7521--A 2
review; and, provided further, that a supervisor shall not supervise more than five laboratories.
5. An individual who qualifies as a supervisor as provided in regulations promulgated pursuant to sections five hundred seventy-four and five hundred seventy-six of this title, and thirty-one hundred twentyone of this chapter shall supervise technical personnel in the specialty of cytology only.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to clinical laborato- ry supervision
Purpose
To amend the Public Health Law, in relation to statutorily establishing the requirements for clinical laboratory supervision.
Summary of provisions
Section one of the bill amends the Public Health Law by adding a new section 576-d that would establish supervision requirements for a clin- ical laboratory.
Section two of the bill establishes the effective date. JUSTIFICATION: Currently, the clinical lab supervision requirements laid out in New York's Codes, Rules, and Regulations greatly exceed the requirements contained in the federal Clinical Improvement Act (CLIA). The require- ment that a supervisor be physically present at all times poses a severe burden on clinical labs operated both by smaller upstate community hospitals- especially in rural locations- and urban hospital systems with labs at multiple sites. These clinical labs find severe difficulty in maintaining the adequate staff to operate labs 24 hours a day, as is necessary to perform critical tests.
Faced with this problem, clinical labs are forced to either operate out of compliance or hire contract staff at a cost of 2-3 times that of an employee. This bill would authorize supervision via phone or synchronous 2-way AV communication, pursuant to regulations by the Department, and cap the number of labs a supervisor can oversee at five.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.