MEDICAL SOCIETY of the STATE OF NEW YORK

Elizabeth Dears, Esq. 
Senior Vice President
Chief Legislative Counsel

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Division of Governmental Affairs
MEMORANDUM IN SUPPORT  


A.1766 (JAFFEE)

S.3442 (LAVALLE)

AN ACT to amend the education and public health law
and the education law, in relation to out-of-state clinical 
laboratory practitioners working on specimens from
New York State.
     


This bill creates a uniform standard that allows the State Education Department (SED), in consultation with DOH, to establish standards of education for out-of-state laboratory technicians which mirror 
standards applicable to such technicians in laboratories located in New York State.

In 2005, New York State enacted the Clinical Laboratory Technology Act, which, among other provisions, established licensing and certification requirements for laboratory technicians in New York. However, 
while laboratories outside of New York are licensed by the New York State Department of Health (DOH), the practitioners were exempted by regulation from meeting the same standards as those met by 
practitioners within New York. As a result, out-of-state laboratory practitioners may work on New York State samples without demonstrating that they meet New York State educational or certification 
standards. It is estimated that over 30% of New York patient lab work is being sent to out-of-state laboratories. It is, therefore, essential that the law be amended to assure that laboratory specimens from 
patients in New York are analyzed by practitioners that meet equivalent educational standards, regardless of the laboratory location. The Department of Health’s standards for in-state laboratory personnel require personal competency evaluations and general oversight by a clinical lab director who must also meet specified standards as to education and experience. These regulations also address duties and qualifications of various levels of clinical laboratory personnel.

The Medical Society believes it is critically important to the health of patients in New York State that all laboratory practitioners reviewing specimens from New York State are held to the same standards. For 
the above reasons,

Respectfully submitted

ELIZABETH DEARS, ESQ
5/10/13

1 Commerce Plaza, Suite 408, Albany, NY 12210  TEL (518) 465-8085  FAX (518) 465-0976
Email : albany@mssny.org