SB 1099 - This act creates the "Clinical Laboratory Science Practice Act" that establishes requirements for licensing clinical laboratory science practitioners.
Under the act, no person shall collect, process, perform, interpret, report, or consult regarding clinical laboratory tests unless licensed under the act. The act allows current practitioners to continue practicing if they apply for licensure by December 31, 2006. They may practice up to one year from applying, until the denial of the application, or the withdrawal of the application. The act includes a grandfather clause which exempts those persons who have worked in the clinical laboratory science profession for a minimum of three years within five years immediately prior to August 28, 2006, from having to meet the educational and certification requirements. Such persons must provide the documentation required by rule of the board regarding experience and will be subject to the board rule regarding continuing education requirements for license renewal.
The act establishes requirements concerning licensees who perform point of care/bedside testing.
The Clinical Laboratory Science Board is established for the administration of licensing practitioners. The board shall be appointed by the governor and shall approve the types of certifications required for each level of licensure. The board shall consist of seven members including a public member, a practicing clinical laboratory science director, a practicing medical laboratory director, two practicing clinical laboratory scientists, one practicing clinical laboratory technician, and one clinical laboratory assistant or a phlebotomy technician.
The board shall have rulemaking authority including prescribing standards for continuing education, requirements for license renewal, and the establishment of appropriate fees. The Governor has the power to remove a member of the board for misconduct.
Levels of licenses are established along with their corresponding minimum education requirements. Temporary and reciprocal licenses may be issued in some circumstances. Licensees may request to be placed on inactive status if they cease practicing.
The act creates the Clinical Laboratory Science Fund for the administration of the licensing of the profession.
Reasons for the refusal to issue or renew licenses are provided, and complaints may be filed with the Administrative Hearing Commission. Upon a finding of the Administrative Hearing Commission that grounds for disciplinary action are met, the board may censure or place the licensee on probation for up to five years, suspend the license for three years, or may revoke the license entirely. Those who have had their licenses revoked must wait one year from the date of revocation to reapply for licensure. The board may notify licensing authorities in other states concerning final disciplinary action against a licensee of another state.
A violation of this act is a Class A misdemeanor.