What's happening
This bill allows licensed pharmacists in New York to perform certain CLIA-waived laboratory tests under protocols set by the health commissioner.
Why it matters
Expands pharmacists' roles in patient care. , allowing them to directly conduct certain simple lab tests (like blood glucose or strep tests) that are federally designated as low-risk, potentially increasing access to timely testing for patients in community settings.
Creates new oversight and safety protocols. , as the health commissioner is required to set which tests pharmacists can perform and establish procedures for communication between pharmacists and other healthcare providers about test results, ensuring coordination and patient safety.
Aligns NY law with federal CLIA standards. , integrating pharmacists into the broader healthcare delivery system and potentially reducing unnecessary doctor visits for basic diagnostic purposes, which could streamline care and lower costs for both patients and the healthcare system.
Signals a shift in the healthcare workforce. , recognizing pharmacists as qualified healthcare professionals for certain laboratory services, which may set the stage for further expansions of pharmacists' clinical authority in New York.
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Who cares
Licensed pharmacists
The bill would authorize them to perform waived tests and recognize them as qualified health care professionals, subject to limits set by the health commissioner.
State Department of Health
The commissioner would establish the list of CLIA-waived tests pharmacists may perform and protocols for specific tests, including required communication of results to health care practitioners.
Health care practitioners
They could be covered by protocols governing coordination with pharmacists on specific tests and communication of test results.
Pharmacists operating clinical laboratories
The bill would extend the clinical laboratory law exemption to qualifying pharmacist-operated labs testing solely as an adjunct to treatment of their own patients, within state and federal limits.
Headline styles
Let Pharmacists Do Lab Tests
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 108
9 Co-sponsors
1 Multi-sponsor
History
- Referred to higher education
- Print number 3867a
- Amend and recommit to higher education
- Referred to higher education
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.
Let Pharmacists Run Basic Tests
In Senate Committee · Rules · Sponsor Gustavo Rivera
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3867--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. McDONALD, SAYEGH, ASHBY, ARROYO -- Multi-Sponsored 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 professionals and authorizing such pharmacists to complete a waived test
The People of the State of New York, represented in Senate and Assembly, 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 chapter, physician assistant, specialist assistant, nurse practitioner, or midwife, who is licensed and registered with the state education department.
§ 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 operated by a licensed physician, osteopath, dentist, midwife, nurse practitioner, 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 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 protocols 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 addition, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.