2021 -- S 0169

========

LC000611

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO HEALTH AND SAFETY -- LABORATORIES

     Introduced By: Senators Euer, Miller, Coyne, DiMario, and Lawson

     Date Introduced: February 05, 2021

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-16.2-2, 23-16.2-6 and 23-16.2-7 of the General Laws in Chapter

23-16.2 entitled "Laboratories" are hereby amended to read as follows:

     23-16.2-2. Definitions.

     When used in this chapter:

     (1) "Analytical laboratory" means a facility for the biological, microbiological, chemical,

physical, and radiochemical examination of potable water, nonpotable water or other environmental

matrices.

     (2) "Clinical laboratory" means a facility for the biological, microbiological, serological,

chemical, immunohematological, hematological, radiobioassay, cytological, pathological, or other

examination of materials derived from the human body for the purposes of providing information

for the diagnosis, prevention, or treatment of any disease or impairment of or the assessment of the

health of human beings.

     (3) "Director" means the director of the department of health.

     (4) "Persons" means any individual, firm, partnership, corporation, company, association,

or joint stock association.

     (5) "Station" means a facility for the collection, processing, and transmission of the

materials described in subdivisions (1) and (2) for the purposes described in subdivisions (1) and

(2).

     (6) "Certification" means the determination by the department of health that an analytical

laboratory is capable of performing specific tests or analyses of environmental samples in

accordance with the requirements of the regulations promulgated pursuant to this chapter.

     (7) "Clinical laboratory test" or "laboratory test" means a microbiological, serological,

chemical, hematological, radiobioassay, cytological, immunological, or other pathological

examination that is performed on material derived from the human body, the test or procedure

conducted by a clinical laboratory that provides information for the diagnosis, prevention, or

treatment of a disease or assessment of a medical condition.

     (8) "Nationally recognized certification examination" means an appropriate examination,

as determined by the director, covering both academic and practical knowledge, including, but not

limited to, those offered by the American Society of Clinical Pathologists (ASCP), American

Medical Technologists (AMT), National Credentialing Agency (NCA), or the American

Association of Bioanalysts Board of Registry (AAB), and including any appropriate categorical or

specialty examinations.

     23-16.2-6. Issuance or denial of license.

     Not less than thirty (30) days from the time any application for the license is received, the

director shall grant the application and issue a license to maintain a laboratory or station if the

director shall be satisfied that the applicant complies with the rules and regulations promulgated in

accordance with this chapter establishing standards for the qualifications of personnel and adequacy

of equipment and facilities. The standards for qualification of personnel who perform clinical

laboratory tests shall require, as a minimum, successful completion of a nationally recognized

certification examination. Notwithstanding this requirement, the director may establish, by

regulation, alternative criteria for individuals who previously qualified under federal regulatory

requirements, such as 42 C.F.R. § 493.1433 of the March 14, 1990 federal register, or other criteria

that may be established to have met the requirements of this chapter shall include provisions for

minimum standards of professional education or experience, as determined by the director. The

director may provide for the examination of applicants to determine their qualifications.

Notwithstanding the preceding statements in this section, upon payment of any applicable license

fees, the director may grant immediate licensure to any clinical laboratory licensed as a clinical

laboratory in another state and certified under the Clinical Laboratory Improvement Act of 1988,

when the clinical laboratory has been asked to perform a clinical laboratory service which is not

offered by any other clinical laboratory then licensed in this state.

     23-16.2-7. Suspension and revocation of license.

     (a) The department of health may revoke or suspend the license or specific certification of

any laboratory or station for conduct by or chargeable to the laboratory or stations as follows:

LC000611 - Page 2 of 14

     (1) Failure to observe any term of the license or specific certification issued under authority

of this chapter by the department of health;

     (2) Failure to observe any order made under authority of this chapter or under the statutory

authority vested in the department of health;

     (3) Engaging in, aiding, abetting, causing, or permitting any action prohibited under this

chapter;

     (4) Failing to observe any regulations promulgated by the department of health.

     (b) Whenever the director shall have reason to believe that any laboratory or station, for

the maintenance of which the director has issued a license or specific certification as provided for

in § 23-16.2-4, is being maintained in violation of the rules and regulations provided in § 23-16.2-

5, the director may, pending an investigation and hearing, suspend for a period not exceeding thirty

(30) days, any license or specific certification issued under authority of this chapter and may, after

due notice and hearing, revoke the license or specific certification if the director finds that the

laboratory or station is being maintained in violation of the rules and regulations. The holder of a

license shall upon its revocation promptly surrender the license or specific certification to the

director.

     (c) The director may revoke or suspend the license, or may impose appropriate fines as

promulgated in regulation, of any laboratory or station that does not ensure that all personnel meet

the requirements of this chapter.

     SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 16.5

MEDICAL LABORATORY SCIENCE PRACTICE

     23-16.5-1. Short title.

     This chapter shall be known and may be cited as the "Medical Laboratory Science Practice

Act".

     23-16.5-2. Declaration of policy and statement of purpose.

     It is declared to be a policy of the state that the practice of medical laboratory science by

health care professionals affects the public health, safety, and welfare and is subject to control and

regulation in the public interest. It is further declared that medical laboratories and medical

laboratory science practitioners provide essential services to practitioners of the healing arts by

furnishing vital information which may be used in the diagnosis, prevention, and treatment of

disease or impairment and the assessment of the health of humans. The purpose of this chapter is

to provide for the better protection of public health by establishing minimum qualifications for

LC000611 - Page 3 of 14

medical laboratory science practitioners, and by ensuring that medical laboratory tests are

performed with the highest degree of professional competency by those engaged in providing

medical laboratory science services in the state.

     23-16.5-3. Definitions.

     The following words and terms when used in this chapter have the following meaning

unless otherwise indicated within the context:

     (1) "Accredited medical laboratory program" means a program planned to provide a

predetermined amount of instruction and experience in medical laboratory science that has been

accredited by one of the accrediting agencies recognized by the United States Department of

Education.

     (2) "Board" means the medical laboratory science board appointed by the director of health.

     (3) "Department" means the Rhode Island department of health.

     (4) "Director" means the director of the Rhode Island department of health.

     (5) "Limited function test" means a test conducted using procedures which, as determined

by the director, have an insignificant risk of an erroneous result, including those which:

     (i) Have been approved by the United States Food and Drug Administration for home use;

     (ii) Employ methodologies that are so simple and accurate as to render the likelihood of

erroneous results negligible; or

     (iii) The director has determined, pose no reasonable risk of harm to the affected patient if

performed incorrectly.

     (6) "Medical laboratory" or "laboratory" means any facility or office in which medical

laboratory tests of either an analytical or clinical nature are performed.

     (7) "Medical laboratory science practitioner" or "one who engages in the practice of

medical laboratory science" means a health care professional who performs medical laboratory

tests or who is engaged in management, education, consulting, or research in medical laboratory

science, and includes laboratory directors, supervisors, medical laboratory scientists

(technologists), specialists, and technicians working in a laboratory, but does not include persons

employed by a medical laboratory to perform supportive functions not related to direct performance

of laboratory tests and does not include medical laboratory trainees. Provided, however, nothing

contained in this chapter shall apply to a medical perfusionist engaged in the testing of human

laboratory specimens for extracorporeal functions, which shall include those functions necessary

for the support, treatment, measurement, or supplementation of the cardiopulmonary or circulatory

system of a patient.

     (8) "Medical laboratory scientist" and/or "technologist" means a person who performs

LC000611 - Page 4 of 14

medical laboratory tests pursuant to established and approved protocols requiring the exercise of

independent judgment and responsibility, maintains equipment and records, performs quality

assurance activities related to test performance, and may supervise and teach within a medical

laboratory setting.

     (9) "Medical laboratory technician" means a person who performs laboratory tests,

pursuant to established and approved protocols, which require limited exercise of independent

judgment and responsibility, maintains equipment and records, and performs quality assurance

activities related to test performance.

     (10) "Medical laboratory test" or "laboratory test" means a microbiological, serological,

chemical, hematological, radiobioassay, cytological, immunological, or other pathological

examination which is performed on material derived from the human body, the test or procedure

conducted by a medical laboratory which provides information for the diagnosis, prevention, or

treatment of a disease or assessment of a medical condition.

     23-16.5-4. Exceptions.

     This chapter shall not apply to:

     (1) Any person performing medical laboratory tests within the scope of their practice and

for which they are licensed, pursuant to any other provisions of the general laws.

     (2) Medical laboratory science practitioners employed by the United States government or

any bureau, division, or agency of the United States government, while in the discharge of their

official duties.

     (3) Medical laboratory science practitioners (clinical laboratory scientists) employed by

the state of Rhode Island or any bureau, division, or agency of the state, while in the discharge of

their official duties.

     (4) Medical laboratory science practitioners engaged in teaching or research, provided that

the results of any examination performed, are not used in health maintenance, diagnosis, or

treatment of disease.

     (5) Students or trainees enrolled in a medical laboratory science education program;

provided that, these activities constitute a part of a planned course in the program that the persons

are designated by title such as intern, trainee, or student, and the persons work directly under the

supervision of an individual licensed by this state to practice laboratory science.

     (6) Individuals performing limited function tests.

     23-16.5-5. License required.

     (a) No person shall practice medical laboratory science or hold themself out as a medical

laboratory science practitioner in this state, unless they are licensed pursuant to this chapter.

LC000611 - Page 5 of 14

     (b) All persons who were engaged in the practice of medical laboratory science on July 1,

1992, who are certified by or eligible for certification by an agency approved by the department of

health, and who have applied to the department of health on or before July 1, 1994, and have

complied with all necessary requirements for the application, may continue to perform medical

laboratory tests until July 1, 1995, unless the application is denied by the department of health, or

the withdrawal of the application, whichever occurs first.

     (c) Persons not meeting the education, training, and experience qualifications for any

license described in this chapter may be considered to have met the qualifications providing they

have:

     (1) Three (3) years acceptable experience between January 1, 1986 and January 1, 1996

and submit to the department of health the job description of the position which the applicant has

most recently performed, attested to by their employer and notarized; or

     (2) No less than twelve (12) years acceptable experience prior to 1993 and submits to the

department of health the job description of the position which the applicant has most recently

performed, attested to by their employer and notarized on or before December 1, 2001.

     (d) After December 1, 2001, no initial license shall be issued until an applicant meets all

of the requirements under this chapter, and successfully completes a nationally recognized

certification examination, such as NCA, DHHS, ASCP, state civil service examination, or others

including appropriate categorical and specialty exams. Provided, however, that the provisions of

this subsection shall not be available to any individual who has been previously denied a license as

a medical laboratory science practitioner by the department of health.

     23-16.5-6. Administration.

     (a) There is created within the division of professional regulation of the department of

health, a medical laboratory advisory board which shall consist of seven (7) members who have

been residents of the state for at least two (2) years prior to their appointment, and who are actively

engaged in their areas of practice. The director of the department of health, with the approval of

the governor, shall make appointments to the board from lists submitted by organizations of

medical laboratory science practitioners and organizations of physicians and pathologists.

     (b) The board shall be composed of:

     (1) One physician certified by the American Board of Pathology or American Board of

Osteopathic Pathology;

     (2) One physician who is not a laboratory director nor a pathologist;

     (3) Four (4) medical laboratory science practitioners, one of whom is a non-physician

laboratory director, one of whom is a medical laboratory scientist (technologist), and one of whom

LC000611 - Page 6 of 14

is a medical laboratory technician, whom, except for their initial appointments, hold active and

valid licenses as medical laboratory science practitioners in this state, and one of whom is a medical

laboratory science practitioner, not falling in one of the first three (3) categories; and

     (4) One public member who is not associated with nor has a financial interest in the practice

of medical laboratory science.

     (c) Board members shall serve for a term of three (3) years, and until their successors are

appointed and qualified, except that the initial appointments, which shall be made within sixty (60)

days after July 1, 2021, shall be as follows:

     (1) One pathologist, one non-physician laboratory director, and one medical laboratory

scientist, shall be appointed to serve for three (3) years;

     (2) One public representative and one non-pathologist physician, shall be appointed to

serve for two (2) years; and

     (3) The remaining two (2) members shall be appointed to serve for one year.

     (d) The membership of the board shall receive no compensation for their services.

     (e) Whenever a vacancy shall occur on the board by reason other than the expiration of a

term of office, the director of the department of health, with the approval of the governor, shall

appoint a successor of like qualifications for the remainder of the unexpired term. No person shall

be appointed to serve more than two (2) successive three (3) year terms.

     23-16.5-7. Duties and powers of the medical laboratory advisory board.

     In addition to any other power conferred upon the board pursuant to this chapter, the board

shall recommend to the director:

     (1) Rules and regulations necessary for the implementation of this chapter including, but

not limited to, regulations that delineate qualifications for licensure of medical laboratory science

practitioners, as defined in this chapter, specify requirements for the renewal of licensure, establish

standards of professional conduct, and potential amendments to or the repeal of certain rules and

regulations. Following their adoption, the rules and regulations shall govern and control the

professional conduct of every person who holds a license to perform medical laboratory tests or

otherwise engages in the profession of medical laboratory science;

     (2) Standard written, oral, or practical examinations for purposes of licensure of medical

laboratory science practitioners, necessary for licensure, as provided for in § 23-16.5-5;

     (3) Rules and regulations governing qualifications for licensure of specialists in those

medical laboratory science specialties that the board may determine in accordance with § 23-16.5-

8;

     (4) Rules and regulations governing personnel performing tests in limited function

LC000611 - Page 7 of 14

laboratories;

     (5) A schedule of fees for applications and renewals;

     (6) Establish criteria for the continuing education of medical laboratory science

practitioners, as may be required for license renewal;

     (7) Any other rules and regulations necessary to implement and further the objectives of

this chapter.

     23-16.5-8. Standards for licensure.

     (a) Medical laboratory scientist (technologist). The department of health shall issue a

medical laboratory scientist's license to an individual who meets the qualifications adopted by the

board, including at least one of the following qualifications:

     (1) A baccalaureate degree in medical laboratory science (medical technology) from an

accredited college or university whose curriculum included appropriate medical education;

     (2) A baccalaureate degree in biological, chemical, or physical science from an accredited

college or university, and subsequent to graduation has at least twelve (12) months of appropriate

medical education in an accredited medical laboratory science program;

     (3) A baccalaureate degree which includes a minimum of thirty-six (36) semester (or

equivalent) hours in the biological, chemical, and physical sciences from an accredited college or

university, plus two (2) years of full-time work experience, including a minimum of four (4) months

in each of the four (4) major disciplines of laboratory practice (medical chemistry, medical

microbiology, hematology, immunology/immunohematology);

     (4) A baccalaureate degree consisting of ninety (90) semester (or equivalent) hours, thirty-

six (36) of which must be in the biological, chemical, or physical sciences, from an accredited

college or university, and appropriate medical education, in an accredited medical laboratory

science program; or

     (5) A medical laboratory scientist (technologist) who previously qualified under federal

regulatory requirements such as 42 CFR § 493.1433 of the March 14, 1990 Federal Register or

other regulations or criteria which may be established by the board.

     (b) Medical laboratory technician. The department of health shall issue a medical

laboratory technician's license to an individual who meets the qualifications promulgated by the

board, including at least one of the following qualifications:

     (1) An associate degree or completion of sixty (60) semester (or equivalent) hours from a

medical laboratory technician program (MLT), or equivalent, accredited by an agency recognized

by the United States Department of Education, that included a structured curriculum in medical

laboratory techniques;

LC000611 - Page 8 of 14

     (2) A high school diploma (or equivalent) and:

     (i) Completion of twelve (12) months in a technician training program, such as CLA

(ASCP) medical laboratory assistant (American Society of Clinical Pathologists), (CLA) (ASCP)

in an accredited school and medical laboratory technician-certificate (MLT-C) programs approved

by the board; or

     (ii) Successful completion of an official military medical laboratory procedure course of at

least fifty (50) weeks duration and has held the military enlisted occupational specialty of medical

laboratory specialist (laboratory technician); or

     (3) A medical laboratory technician who previously qualified under federal regulatory

requirements such as 42 CFR § 493.1441 of the March 14, 1990 Federal Register which meet or

exceed the requirements for licensure set forth by the board.

     (c) Medical histologic technician. The department of health shall issue a medical histologic

technician license to an individual who meets the qualifications promulgated by the board,

including at least one of the following:

     (1) An associate degree or at least sixty (60) semester hours (or equivalent) from an

accredited college or university, to include a combination of mathematics and at least twelve (12)

semester hours of biology and chemistry, and successful completion of an accredited program in

histologic technique or one full year of training in histologic technique under the supervision of a

certified histotechnologist or an appropriately certified histopathology supervisor, with at least

three (3) years' experience.

     (2) A high school diploma (or equivalent) and two (2) years full-time acceptable experience

under the supervision of a certified/licensed medical histologic technician at a licensed medical

laboratory in histologic technique.

     (d) Cytotechnologist. The department of health shall issue a cytotechnologist license to an

individual who meets the qualifications promulgated by the board including at least one of the

following:

     (1) A baccalaureate degree from an accredited college or university with: twenty (20)

semester hours, thirty (30) quarter hours of biological science; eight (8) semester hours, twelve (12)

quarter hours of chemistry; three (3) semester hours, four (4) quarter hours of mathematics; and

successful completion of a twelve (12) month cytotechnology program.

     (2) A baccalaureate degree from an accredited college or university with: twenty (20)

semester hours, thirty (30) quarter hours of biological science; eight (8) semester hours, twelve (12)

quarter hours of chemistry; three (3) semester hours, four (4) quarter hours of mathematics; and

five (5) years full-time acceptable medical laboratory experience, including cytopreparatory

LC000611 - Page 9 of 14

techniques, microscopic analysis, and evaluation of the body systems within the last ten (10) years.

At least two (2) of these years must be subsequent to the completion of the academic component

and at least two (2) years must be under the supervision of a licensed physician who is a pathologist,

certified, or eligible for certification, by the American Board of Pathology in anatomic pathology

or has other suitable qualifications acceptable to the board.

     (3) A cytotechnologist who previously qualified under federal regulatory requirements

such as 42 CFR § 493.1437 of the March 14, 1990 Federal Register.

     (e) The board shall recommend standards for any other medical laboratory science

practitioners specializing in areas such as nuclear medical technology, radioimmunoassay, electron

microscopy, forensic science, molecular biology, or similar recognized academic and scientific

disciplines, with approval of the director of the department of health.

     23-16.5-9. Waiver of requirements.

     The board shall recommend regulations providing procedures for waiver of the

requirements of § 23-16.5-8, for all applicants who hold a valid license or its equivalent issued by

another state; provided that the requirements under which that license or its equivalent was issued,

meet or exceed the standards required by this chapter, with the approval of the director. The board

may also recommend regulations it deems appropriate for individuals who hold valid licenses or

their equivalent from other countries.

     23-16.5-10. Licensure application procedures.

     (a) Licensure applicants shall submit their application for licensure to the department of

health using the forms prescribed and furnished by the department of health, and shall pay the

designated application or examination fee.

     (b) Upon receipt of application and payment of a fee, the department of health shall issue

a license for a medical laboratory scientist or technologist, a medical laboratory technician, or an

appropriate specialty license to any person who meets the qualifications established by this chapter

and the regulations promulgated under this chapter.

     (c) The board may recommend a procedure for issuance of temporary permits to individuals

otherwise qualified under this chapter who intend to engage in medical laboratory science practice

in this state for a limited period of time not to exceed eighteen (18) months.

     (d) The board may recommend a procedure for issuance of provisional licenses to

individuals, who otherwise qualify under this chapter, but are awaiting the results of their

certification application. A provisional license so issued shall be converted to a license under the

provisions of § 23-16.5-8 or expire not more than twelve (12) months after its issuance. At the

discretion of the board, the provisional license may be reissued at least one time, with the director's

LC000611 - Page 10 of 14

approval.

     23-16.5-11. Licensure renewal.

     (a) Licenses issued pursuant to this chapter shall expire on a date and time specified by the

department of health.

     (b) Every person licensed pursuant to this chapter shall be issued a renewal license every

two (2) years upon:

     (1) Submission of an application for renewal, on a form prescribed by the department of

health and payment of an appropriate fee recommended by the board; and

     (2) Proof of completion, in the period after the license was first issued or last renewed, of

at least thirty (30) hours of continuing education courses, clinics, lectures, training programs,

seminars, or other programs related to medical laboratory practice, which are approved or accepted

by the board; or proof of re-certification by a national certification organization that mandates an

annual minimum of fifteen (15) hours of continuing education, such as the National Certification

Agency for Medical Laboratory Personnel.

     (c) The board may recommend any other evidence of competency it shall deem reasonably

appropriate as a prerequisite to the renewal of any license governed by this chapter, as long as these

requirements are uniform as to application, are reasonably related to the measurement of

qualification, performance, or competence, and are desirable and necessary for the protection of

the public health.

     23-16.5-12. Disciplinary requirements.

     The board may make recommendations to the director of the department of health

pertaining to the issuance, renewal, or revocation of a license, or suspension, placement on

probation, censure, or reprimand of a licensee, or any other disciplinary action that the board may

deem appropriate, including the imposition of a civil penalty, for conduct that may result from, but

not necessarily be limited to:

     (1) A material misstatement in furnishing information to the department of health;

     (2) A violation or negligent or intentional disregard of this chapter, or of the rules or

regulations promulgated under this chapter;

     (3)(i) In the context of an action other than that related to the issuance of a license, a

criminal conviction that is directly related to the duties and responsibilities of the licensee as

defined by the department of health, which leads the board to conclude that the continued licensure

of an individual could jeopardize patients’ health; or

     (ii) A determination regarding the issuance of a license made in accordance with § 16.5-

12.1.

LC000611 - Page 11 of 14

     (4) Making any misrepresentation for the purpose of obtaining registration or violating any

provision of this chapter;

     (5) Violating any standard of professional conduct adopted by the board;

     (6) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to

deceive, defraud, or harm the public;

     (7) Providing professional services while mentally incompetent, under the influence of

alcohol or narcotic or controlled dangerous substance that is in excess of therapeutic amounts or

without valid medical indication;

     (8) Directly or indirectly contracting to perform medical laboratory tests in a manner which

offers or implies an offer of rebate, fee-splitting inducements or arrangements, or other unlawful

remuneration; or

     (9) Aiding or assisting another person in violating any provision of this chapter or any rule

adopted under this chapter.

     23-16.5-12.1. Denial of licensure based on criminal conviction.

     (a) The issuance of a license shall not be denied, solely or in part, based on a criminal

conviction, unless it has been determined that the conviction is directly related to the duties and

responsibilities of a licensee and that licensure of the applicant could jeopardize patient’s health,

and the decision is otherwise in conformance with the standards contained in the Equal

Employment Opportunity Commission’s 2012 Enforcement Guidance, on the use of criminal

records in employment.

     (b) The department shall specify by regulation the offenses that may disqualify an applicant

from obtaining a license under subsection (a) of this section, and shall provide the applicant an

opportunity to present evidence of rehabilitation and present fitness to perform the duties of the

occupation for which the license is sought, of mitigating circumstances surrounding the

commission of the crime, or any other relevant evidence surrounding the applicant’s fitness for the

license, notwithstanding their conviction.

     (c) An applicant denied a license under this section shall have the right to appeal the

decision in accordance with chapter 35 of title 42, and may reapply after two (2) years have elapsed

from the date of the denial.

     23-16.5-13. Hearing requirements -- Procedure.

     (a) The proceedings for the revocation, suspension or limiting of any license may be

initiated by any person, corporation, association, or public officer or by the board, by the filing of

written charges with the board, but no license shall be revoked, suspended, or limited without a

hearing before the board, held within sixty (60) days after the filing of written charges, in

LC000611 - Page 12 of 14

accordance with the procedures established by the board. A license may be temporarily suspended

without a hearing for the period not to exceed thirty (30) days, upon notice to the licensee following

an initial finding by the board that there exists a significant threat to the public health and approved

by the director.

     (b) Any appeal from the action of the board shall be in accordance with the provisions of

chapter 35 of title 42 (the "administrative procedures act").

     23-16.5-14. Roster of licenses.

     The department of health shall maintain a roster of the names and addresses of persons

currently licensed and registered under the provisions of this chapter, and of all persons whose

licenses have been suspended or revoked within the previous year.

     23-16.5-15. Receipts.

     The proceeds of any fees collected pursuant to the provisions of this chapter shall be

deposited as general revenues.

     23-16.5-16. Severability.

     If any provision of this chapter or the application of any provision to any person or

circumstance shall be held invalid, that invalidity shall not affect the provisions or application of

this chapter which can be given effect without the invalid provision or application, and to this end

the provisions of the chapter are declared to be severable.

     SECTION 3. This act shall take effect upon passage.

========

LC000611

========

LC000611 - Page 13 of 14

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- LABORATORIES

***

     This act would create a comprehensive system to promote and regulate the effective and

competent administration of medical laboratories by focusing on the training, qualifications and

licensure of their practitioners.

     This act would take effect upon passage.

========

LC000611

========

LC000611 - Page 14 of 14