Two federal initiatives (described below) have caused concern among some professionals in New York.
- The federal Department of Veterans Affairs (VA) proposed a regulation to allow Advanced Practice Registered Nurses to supervise and perform laboratory tests in VA laboratory facilities. New York State does not regulate VA laboratory facilities or VA laboratory staff.
- The Centers for Medicare & Medicaid Services (CMS) indicated that Clinical Laboratory Improvement Act (CLIA) allows RNs with BSNs to perform moderate and high complexity laboratory tests and RNs with ADNs to perform moderate complexity tests. CLIA does not apply to New York State Clinical Laboratories or to any staff who work for these laboratories. Federal Law specifically allows New York State to regulate New York State Clinical Laboratories in accordance with New York State Law.
Please see Questions & Answers related to Practice of Clinical Laboratory Technology Professionals for an Advisory related to these initiatives.