Lab scientists, technicians raise concern over deregulation by state

Stock photo.
Stock photo.

By Kim Kalunian, WPRO News 

“It’s a huge patient safety issue.”

Madalena Josephs, an associate professor in allied health at CCRI and member of the American Society for Clinical Laboratory Science of Central New England (ASCLS-CNE), says a new move by the state to deregulate clinical laboratory technicians and scientists is a bad one – and other professionals are voicing concern, too.

As part of the FY 2016 budget, Governor Gina Raimondo deregulated more than 30 professions, something she says will help make Rhode Island more business friendly. The changes went into effect on July 1.

“To support families and create jobs, we need to attract companies to invest here and encourage our existing businesses to grow,” said the governor’s spokeswoman, Marie Aberger, in a statement. “To do that, we must streamline our regulatory process and make Rhode Island more business-friendly.”

The budget stripped the licensure requirements for various professions, among them fur buyers, kickboxers and line cleaners (the people who clean the lines that link kegs to taps); but it also deregulated histologic technicians (who prepare thin slices of human tissue for examination), cytotechnologists (who look for cell abnormalities under a microscope) and lab scientists (who determine the presence or absence of disease through various tests).

Members of the ASCLS-CNE, which represents the various technicians, say they’ve been “unfortunately” lumped in with a group they consider to be healthcare support personnel and assistants, and they fear the legislature may not have understood how crucial of a role clinical lab technicians and scientists play in the healthcare field. Among the other healthcare professions that were deregulated this year are audiologist support person, sanitarian and electrologist apprentice.

According to the ASCLS-CNE, clinical laboratorians “provide the diagnostic information that physicians require to accurately diagnosis their patients and provide necessary treatments.” Josephs says about 75-percent of doctors’ diagnoses come from laboratory testing conducted by technicians and scientists – they’re the ones responsible for everything from blood glucose tests to preparing biopsy slides for cancer screenings.

Now they’re worried that without a state-level gatekeeper, the quality of patient services will decline.

But Joseph Wendelken, spokesman for the Department of Health, says all of the healthcare professions that were deregulated will still be certified by national bodies. He said the state-level licensure was “redundant.”

“Licensures at the national level ensure that they are meeting the very strict standards that all of their colleagues are held to nationwide,” he said in a statement. “For this reason, roughly half of states do not license these professionals.”

Wendelken said they have also made the inspection process for labs more stringent.

“It may take some people a little time to get accustomed to this change, given that they had traditionally been licensed by the state,” he said. “However, this was an opportunity to eliminate some red tape and make the licensing environment in Rhode Island a little less burdensome, which all professionals appreciate.”

But members of the ASCLS-CNE aren’t so sure. They said they’re working with legislators to introduce a bill in the coming sessions to get their state licensing requirement back on the books.

In the meantime, the Department of Health says they will refund those who renewed their licenses after January 1.

Sidney “Macky” McCleary, director of the Department of Business Regulation, says the decision to deregulate these specific professions came by looking at what other states do, and through recommendations from various department heads. He said any licenses that were considered duplicative, outdated, unnecessary or uncompetitive were included in this year’s budget.

McCleary says he considers the move “regulatory hygiene” and expects more licenses to be repealed in the future.

But the pushback is coming from more than just the ASCLS-CNE. McCleary says auctioneers, who found themselves among the professions deregulated this year, contacted the DBR to get their $900 license fees refunded; they’ll get what they asked for.

The American Association of Cosmetology Schools voiced concern over the deregulation of barber, hairdresser, manicurist, cosmetologist and esthetician instructors.

“While the impact on American Association of Cosmetology Schools (AACS) members in Rhode Island is manageable as the underlying beauty professions — cosmetology, barbering, esthetics, and manicuring — are still regulated by the Rhode Island Department of Health, we urge the Governor to use caution and care when eliminating licensure categories,” said the AACS in a statement. “It is important that appropriate safeguards exist so that no resident has his or her health and safety compromised when receiving a beauty treatment or haircut.”

They say that all AACS members will continue to be regulated by the Commissioner of Higher Education and they assure Rhode Islanders that aspiring barbers and cosmetologists are being taught by qualified instructors.

The governor’s office is adamant that consumers and patients won’t be negatively impacted by the changes and that Rhode Island’s economy will be improved.

“For many licensures, the state can protect human health, the environment, and quality of life without creating bureaucratic barriers between individuals and jobs,” said Aberger. “Eliminating unnecessary licensures improves the state’s business climate for employers, professionals, and the public at a time when it is sorely needed.”

Here’s a full list of professions that no longer require licensure by the state:

Department of Business Regulation

Auctioneer

Apprentice Auctioneer

Kickboxer

Line Cleaner

Department of Education

Athletic Coach

Substitute Teacher Permit

Substitute School Nurse Teacher Substitute Permit

Department of Environmental Management

Fur Buyer

Department of Health

Acupuncture Assistant

Audiologist Support Person

Barber Apprentice

Barber Demonstrator’s Permit

Barber Instructor

Electrologist Apprentice

Electrologist Instructor

Esthetician Demonstrator’s Permit

Esthetician Instructor

Hairdresser/Cosmetologist Demonstrator’s Permit

Hairdresser/Cosmetologist Instructor

Manicurist Demonstrator’s Permit

Manicurist Instructor

Clinical Histologic Technician

Clinical Laboratory Scientist

Clinical Laboratory Technician

Cytotechnologist

Orthotist

Prosthetist

Radiologist Assistant

Sanitarian

Speech-Language Pathologist Support Person

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