The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act establishing a board of registration of phlebotomists |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 13 of the General Laws is hereby amended by adding the following 5 sections:—
Section 98 No person shall hold himself out to be or as being able to practice phlebotomy in the commonwealth unless he is licensed in accordance with section100. No person who is not so licensed may use the letters LP, PLP, or LCP or any other words or abbreviations indicating he is a licensed phlebotomist or provisionally licensed as a phlebotomist.
Section 99 The following laboratory professionals are exempt from licensure: Certified clinical laboratory scientists (CLS), medical technologists (MT) and medical laboratory technicians (MLT).
Section 100. There shall be a board of registration of phlebotomists consisting of 5 members to be appointed by the governor, who shall be residents of the commonwealth 3 of whom shall be phlebotomists and 1 who shall be a representative of the public subject to section 9B. Upon the expiration of the term of any member of the board, his successor shall be appointed in a like manner for a term of 3 years.
Section 101. The board shall hold at least 2 regular meetings in each year for the purpose of examining applicants for registration and the transaction of other business. At its first regular meeting in each year the board shall choose from their own members a chairman and a secretary.
Section 102. All fees received by the secretary of the board and not returned to the applicant shall be paid monthly to the state treasurer. Each member of the board shall receive from the commonwealth $15 for each day or portion thereof spent in the performance of his official duties. Each member shall be paid the necessary traveling and other expenses actually incurred by him in the performance of said duties.
SECTION 2. Chapter 112 of the General Laws is hereby amended by adding the following 5 sections:—
Section 227. For the purposes of this section and sections 228 to 230, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:-
Approved national certification agency — one of the nationally recognized agencies that certify phlebotomists by examination exclusively: American Society for Clinical Pathology, American Medical Technologists, National Credentialing Agency, or American Certification Agency.
Board — the board of registration of phlebotomy established by section 100 of chapter 13.
Phlebotomist – a person responsible for collecting blood samples from patients according to doctor’s instructions, separating blood into different test tubes so it can be used in different tests, accurately labeling the tubes, and insuring the right samples are sent to the laboratory.
Phlebotomy – the incision into a vein or artery for the purpose of drawing blood.
Section 228. An applicant to be licensed as a phlebotomist shall file with said board an application upon a form to be prescribed and furnished by the board. He shall include in such application under oath his qualification as a phlebotomist. Said application shall be accompanied by evidence of current certification granted by an approved national certification agency and a registration fee to be determined by the commissioner of administration under the provision of section 3B of chapter 7. If the board deems the educational qualifications of an applicant are satisfactory, the board shall issue to him a license. Said license shall expire at the end of the second calendar year and may be renewed on or before March15 of the following year; provided however, that a person seeking such renewal shall provide evidence of such continuing education as the board may require by regulation. Maintenance of the certification granted by an approved national certification agency is required. The fee for renewal or licensure shall be determined under the aforementioned provision, and shall be acknowledged by sending the person certified a notice of renewal.
Section 229. The board shall perform other functions and duties as may be necessary to carry out the provision of this chapter.
Section 230. The board shall keep a record of its proceedings and a roster of all persons licensed or provisionally licensed by it under sections 228 to 230, inclusive. The roster shall include the licensee name, last known business and residential address, date of licensing and license number.
Section 231. The board may by rule establish the minimum educational and experience qualifications which the applicant must possess before being allowed to take the examination by an approved national certification agency for licensing; and may in like manner provide for the issuance of provisional license pending an examination to applicants who appear to be qualified. The board shall provide for the issuance of license without examination to persons holding certification as a phlebotomist granted by one or more of the approved national certification agencies.