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S5092Senate2019-2020 SessionSame asA3867

Let Pharmacists Run Basic Tests

Official title

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

Sponsor Gustavo RiveraSD-33+3 co-sponsorsAffects Health
Status
In Senate Committee
Rules
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

The bill allows certain pharmacists to be recognized as qualified health care professionals and authorizes them to perform specific CLIA-waived tests.

Why it matters

  1. Expands Access to Health Services. By allowing pharmacists to perform CLIA-waived tests, the bill can make certain diagnostic services more accessible to patients, particularly in areas with limited access to primary care providers.

  2. Clarifies Professional Roles and Limits. The legislation specifically defines under what conditions pharmacists count as “qualified health care professionals,” ensuring that only pharmacists meeting set criteria can perform these tests, helping maintain patient safety and clear professional boundaries.

  3. Enables Rapid Public Health Response. With protocols and required communication channels between pharmacists and other healthcare practitioners, pharmacists can play a more active role in public health screening (for example, flu, strep, or COVID-19 testing), potentially enabling faster detection and response to outbreaks.

  4. Regulatory Oversight and Flexibility. The bill authorizes the health commissioner to determine which tests pharmacists may perform and to create necessary protocols, allowing the list of permitted tests and procedures to evolve with advances in technology and healthcare needs.

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Who cares

Headline styles

Let Pharmacists Run Basic Tests

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Gustavo Rivera

Senator · Senate District 33

Chair, Health

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.265
  5. Referred to health
  6. Committed to rules
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.839
  10. 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.

A3867Assembly

Let Pharmacists Do Lab Tests

In Assembly Committee · Higher Education · Sponsor John T. McDonald III

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5092

2019-2020 Regular Sessions

IN SENATE

April 9, 2019

Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health

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 through his or her employees, solely as an adjunct to the treatment of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00699-03-9

S. 5092 2

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.

Sponsor's memo

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

Section one of the bill amends paragraph 6 of section 571 of Public Health Law (Clinical Laboratory and Blood Banking Services) to add phar- macists to the list of licensed health care professionals who are quali- fied to perform clinical laboratory tests that do not use an invasive modality.

Section two of the bill amends paragraph 1 of section 579 of the Public Health Law to exempt clinical laboratories and blood banks operated by pharmacists consistent with the limitations to be established in subdi- vision (w) of section 2016 of Public Health Law.

Section three of 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 Commis- sioner of Health under relevant sections of Public Health Law.

Section four of the bill adds a new paragraph (w) of section 206 of Public Health Law (Duties of the Commissioner) to authorize the Commis- sioner to establish the list of CLIA-waived tests that pharmacists may perform and establish the requirements for pharmacists reporting test results to primary care physicians.

Section five establishes the effective date.

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 Commissioner 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.

This legislation can improve therapeutic outcomes and quality of care overall. As mentioned, pharmacists are well-positioned to enhance conti- nuity of care connected to a patient's medical home.

Legislative history

2018: 5.8960 (Griffo)

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.