(a) Unprofessional conduct shall also include, in the professions of: acupuncture, athletic training, audiology, certified behavior analyst assistant, certified dental assisting, chiropractic, creative arts therapy, dental hygiene, dentistry, dietetics/nutrition, licensed behavior analyst, licensed pathologists’ assistants, licensed perfusionist, licensed practical nursing, marriage and family therapy, massage therapy, medicine, mental health counseling, midwifery, occupational therapy, occupational therapy assistant, ophthalmic dispensing, optometry, pharmacy, physical therapist assistant, physical therapy, physician assistant, podiatry, psychoanalysis, psychology, registered professional nursing, respiratory therapy, respiratory therapy technician, social work, specialist assistant, speech-language pathology (except for cases involving those professions licensed, certified or registered pursuant to the provisions of article 131 or 131-B of the Education Law in which a statement of charges of professional misconduct was not served on or before July 26, 1991, the effective date of chapter 606 of the Laws of 1991):

(1) . . .

(2) . . .

(3) . . .

(4) . . .

(5) . . .

(6) . . .

(7) . . .

(8) . . .

(9) . . .

(10) . . .

(11) . . .

(12) . . .

(13) . . .

(14) . . .

2. Section 52.48 of the Regulations of the Commissioner of Education is added, as follows:

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Subdivision (3) of section 212 of the Education Law authorizes the Department to charge fees for other certifications or permits for which fees are not otherwise provided, as fixed by regulations of the Department.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Subparagraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.

Subdivision (9) of section 6509 of the Education Law authorizes the Board of Regents to define unprofessional conduct in the professions.

Section 8850 of the Education Law, as added by Chapter 497 of the Laws of 2016, establishes and defines the new profession of licensed pathologists’ assistants.

Section 8851 of the Education Law, as added by Chapter 497 of the Laws of 2016, establishes protection of the title “pathologists’ assistant.”

Section 8852 of the Education Law, as added by Chapter 497 of the Laws of 2016, establishes the education, examination, age, moral character, and fee requirements for applicants seeking licensure as licensed pathologists’ assistants.

Section 8853 of the Education Law, as added by Chapter 497 of the Laws of 2016, establishes a time limited licensure pathway for individuals who meet the requirements for license as a licensed pathologists’ assistant, except for examination and education, if they: have been performing the duties of a pathologists’ assistant for two of the five years prior to the November 28, 2017 effective date of this statute; submit an application to the Department on or before November 27, 2019; and their supervising physician, who must practice anatomic pathology, attests to their experience and competence.

Section 8854 of the Education Law, as added by Chapter 497 of the Laws of 2016, authorizes the Board of Regents, upon the recommendation of the Commissioner, to appoint a State Committee for Pathologists’ Assistants, as a committee of the State Board of Medicine, to advise solely on matters relating to pathologists’ assistants, and to assist on matters of licensing and professional conduct.

Section 8855 of the Education Law, as added by Chapter 497 of the Laws of 2016, establishes the limited permit requirements for applicants for licensure as licensed pathologists’ assistants.

Section 8856 of the Education Law, as added by Chapter 497 of the Laws of 2016, establishes exemptions from the licensed pathologists’ assistant licensure requirements.

2. LEGISLATIVE OBJECTIVES:

The proposed rule carries out the legislative intent of the aforementioned statutes that the Board of Regents and the Department regulate the practice of the professions for the benefit of the public. The proposed rule will conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapter 497 of the Laws of 2016, which added Article 168 to the Education Law, by establishing the requirements for licensure as a licensed pathologists’ assistant, which include, but are not limited to, professional education, examination, fee and limited permit requirements. The proposed rule also implements the statute by subjecting licensed pathologists’ assistants to the general unprofessional conduct provisions for the health professions. In addition, the proposed rule implements the statute by establishing the program registration requirements for licensed pathologists’ assistants’ education programs, which include registration and curriculum requirements for programs offered in New York State that lead to licensure.

Finally, Chapter 497 of the Laws of 2016 also provides a grandparenting licensure pathway for individuals who meet the requirements for a license as a licensed pathologists’ assistant except for examination and education and who have been performing the duties of a pathologists’ assistant for two of the five years prior to the November 28, 2017 effective date of Article 168 of the Education Law, if they submit an application to the Department on or before November 27, 2019, as long as their supervising physician, who must practice anatomic pathology, attests to their experience and competence. Although this pathway will expire, the licenses issued under it will not.

3. NEEDS AND BENEFITS:

The proposed rule is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapter 497 of the Laws of 2016. Prior to Chapter 497, pathologists’ assistants were neither a licensed profession nor defined in the Education Law. Thus, in order to practice, many pathologists’ assistants practiced under the limited license authority for clinical laboratory technologists and certified histological technicians pursuant to Chapter 336 of the Laws of 2013 as amended by Chapter 194 of the Laws of 2016. However, under Chapter 194 of the Laws of 2016, these limited licenses and registrations will expire on September 1, 2018. Chapter 497 remedies this situation by establishing a new licensure category for pathologists’ assistants in the Education Law. Therefore, it is imperative for pathologists’ assistants to become licensed in accordance with Article 168 of the Education Law before the expiration of their respective limited licenses.

As required by statute, the proposed rule is also needed to establish the program registration requirements for pathologists’ assistants’ education programs offered in New York State that lead to licensure. Additionally, the proposed rule is needed to subject licensed pathologists’ assistants to the general unprofessional conduct provisions for the health professions.

4. COSTS:

(a) Costs to State government: The proposed rule implements statutory requirements and establishes standards as directed by statute, and will not impose any additional costs on State government beyond those imposed by the statutory requirements.

(b) Costs to local government: There are no additional costs to local governments.

(c) Cost to private regulated parties: The proposed rule does not impose any additional costs to regulated parties beyond those imposed by statute. Pursuant sections 212, 8852(6) and 8855(4), the proposed amendment requires applicants to pay a fee of $50 for an initial license, a fee of $150 for the first registration period, a fee of $150 for each triennial registration period thereafter, and a fee of $105 for a limited permit. These fees are comparable to fees in other professions, such as the fees for licensed perfusionists. Higher education institutions that seek to register pathologists’ assistants education programs with the Department, including those in rural areas, may incur costs related to the development and maintenance of such education programs and their registration. It is anticipated that such costs will be offset, at least in part, by student enrollment in any such programs.

(d) Cost to the regulatory agency: The proposed rule does not impose any additional costs on the Department beyond those imposed by statute. Any associated costs to the Department will be offset by the fees charged to applicants and no significant cost will result to the Department.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule implements the requirements of Chapter 497 of the Laws of 2016, which amended the Education Law by establishing the standards for individuals to be licensed to practice as licensed pathologists’ assistants and the standards for pathologists’ assistants’ education programs provided by higher education institutions to ensure that only those properly educated and prepared to be licensed pathologists’ assistants hold themselves out as such. It does not impose any program, service, duty, or responsibility upon local governments.

6. PAPERWORK:

The proposed rule imposes no new reporting or other paperwork requirements beyond those imposed by the statute.

7. DUPLICATION:

The proposed rule is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapter 497 of the Laws of 2016. There are no other state or federal requirements on the subject matter of this proposed rule. Therefore, the proposed rule does not duplicate other existing state or federal requirements.

8. ALTERNATIVES:

The proposed rule is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapter 497 of the Laws of 2016. There are no significant alternatives to the proposed rule and none were considered.

9. FEDERAL STANDARDS:

Since, there are no applicable federal standards for pathologists’ assistants’ education programs, the proposed rule does not exceed any minimum federal standards for the same or similar subject areas.

10. COMPLIANCE SCHEDULE:

The proposed rule is necessary to conform the Rules of the Board of Regents and the Regulations of the Commissioner of Education to Chapter 497 of the Laws of 2016. It is anticipated that regulated parties will be able to comply with the proposed amendments by the effective date.

The proposed rule implements Chapter 497 of the Laws of 2016, which added Article 168 to the Education Law, by establishing the requirements for licensure as a licensed pathologists’ assistant, which include, but are not limited to, professional education, examination, fee and limited permit requirements. The proposed rule also implements the statute’s grandparenting licensure pathway for individuals who meet the requirements for a license as a licensed pathologists’ assistant except for examination and education, if they satisfy other specified requirements. Additionally, the proposed rule implements the statute by subjecting licensed pathologists’ assistants to the general unprofessional conduct provisions for the health professions. In addition, the proposed rule implements the statute by establishing the program registration requirements for pathologists’ assistants’ education programs, which include registration and curriculum requirements for programs offered in New York State that lead to licensure. The proposed rule is only applicable to prospective applicants for licensure as licensed pathologists’ assistants and higher education institutions seeking to develop and register licensure qualifying pathologists’ assistants’ education programs. The proposed rule will not affect small businesses or local governments in New York State. The proposed rule will not impose new reporting, recordkeeping or any other compliance requirements, or have any adverse economic impact on small businesses or local governments. Because it is evident from the nature of the proposed rule that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses and local governments is not required, and one has not been prepared.

The proposed rule implements Chapter 497 of the Laws of 2016, which added Article 168 to the Education Law, by establishing the requirements for licensure as a licensed pathologists’ assistant, which include, but are not limited to, professional education, examination, fee and limited permit requirements. The proposed rule also implements the statute’s grandparenting licensure pathway for individuals who meet the requirements for a license as a licensed pathologists’ assistant except for examination and education, if they satisfy other specified requirements. Additionally, the proposed rule implements the statute by subjecting licensed pathologists’ assistants to the general unprofessional conduct provisions for the health professions. In addition, the proposed rule implements the statute by establishing the program registration requirements for pathologists’ assistants’ education programs, which include registration and curriculum requirements for programs offered in New York State that lead to licensure. The proposed rule is only applicable to prospective applicants for licensure as licensed pathologists’ assistants and higher education institutions seeking to develop and register licensure qualifying pathologists’ assistants’ education programs. The proposed rule will not impose any adverse impact on rural areas and would not impose new reporting, recordkeeping or other compliance requirements on entities in rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on entities in rural areas and none were taken. Thus, a rural area flexibility analysis is not required, and one has not been prepared.

It is not anticipated that the proposed rule will impact jobs or employment opportunities. This is because the proposed rule implements Chapter 497 of the Laws of 2016, which added Article 168 to the Education Law, by establishing the requirements for licensure as a licensed pathologists’ assistant, which include, but are not limited to, professional education, examination, fee and limited permit requirements. The proposed rule also implements the statute’s grandparenting licensure pathway for individuals who meet the requirements for a license as a licensed pathologists’ assistant except for examination and education, if they satisfy other specified requirements. Additionally, the proposed rule implements the statute by subjecting licensed pathologists’ assistants to the general unprofessional conduct provisions for the health professions. In addition, the proposed rule implements the statute by establishing the program registration requirements for pathologists’ assistants’ education programs, which include registration and curriculum requirements for programs offered in New York State that lead to licensure. The proposed rule is only applicable to prospective applicants for licensure as licensed pathologists’ assistants and higher education institutions seeking to develop and register licensure qualifying pathologists’ assistants’ education programs. Therefore, the proposed rule will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed rule that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.