Section 8601. Definition of the practice of clinical laboratory technology and clinical laboratory technology practitioner

1. "Clinical laboratory  technology"  means  the  performance  of  microbiological,  virological,
  serological,  chemical, immunohematological, hematological, biophysical,
  cytogenetical, cytological or histological procedures  and  examinations
  and  any other test or procedure conducted by a laboratory as defined by
  title five of article five of the public health law, on material derived
  from the human  body  which  provides  information  for  the  diagnosis,
  prevention  or  treatment  of a disease or assessment of a human medical
  condition.
    2. A "clinical  laboratory  practitioner"  means  clinical  laboratory
  technologists,  cytotechnologists,  clinical laboratory technicians, and
  histological technicians as such terms are defined in this  subdivision,
  who  practice  clinical  laboratory  technology  in  a licensed clinical
  laboratory. For the  purposes  of  this  article,  a  licensed  clinical
  laboratory  does  not  include  a  laboratory  operated  by any licensed
  physician, dentist, podiatrist, midwife or certified nurse  practitioner
  who  performs  laboratory tests or procedures, personally or through his
  or her employees, solely as an adjunct to the treatment of  his  or  her
  own patients.
    (a)  "Clinical  laboratory  technologist"  means a clinical laboratory
  practitioner who, pursuant to established and approved protocols of  the
  department  of  health,  performs  clinical  laboratory  procedures  and
  examinations and any other tests or procedures conducted by  a  clinical
  laboratory,  including maintaining equipment and records, and performing
  quality assurance activities related  to  examination  performance,  and
  which  require  the exercise of independent judgment and responsibility,
  as determined by the department.
    (b) "Cytotechnologist" means a clinical laboratory  practitioner  who,
  pursuant  to  established  and  approved  protocols of the department of
  health, performs cytological procedures and examinations and  any  other
  such  tests  including  maintaining equipment and records and performing
  quality assurance activities related  to  examination  performance,  and
  which  require  the exercise of independent judgment and responsibility,
  as determined by the department.
    (c) "Clinical  laboratory  technician"  means  a  clinical  laboratory
  practitioner   who   performs   clinical   laboratory   procedures   and
  examinations pursuant to  established  and  approved  protocols  of  the
  department  of  health,  which  require  limited exercise of independent
  judgment and which are performed under the  supervision  of  a  clinical
  laboratory   technologist,  laboratory  supervisor,  or  director  of  a
  clinical laboratory.
    (d) "Histological technician" means a clinical laboratory practitioner
  who pursuant to established and approved protocols of the department  of
  health  performs  slide based histological assays, tests, and procedures
  and any other such tests conducted by a clinical  histology  laboratory,
  including  maintaining  equipment  and  records  and  performing quality
  assurance activities relating to procedure performance  on  histological
  testing  of  human  tissues  and  which  requires  limited  exercise  of
  independent judgment  and  is  performed  under  the  supervision  of  a
  laboratory   supervisor,  designated  by  the  director  of  a  clinical
  laboratory or under the supervision of  the  director  of  the  clinical
  laboratory.
    (e)  "Director of a clinical laboratory" means a director as that term
  is defined in section five hundred seventy-one of the public health law.
    (f) "Laboratory supervisor" means an individual who, under the general
  direction of the laboratory director, supervises technical personnel and
  reporting of  findings,  performs  tests  requiring  special  scientific

  skills,  and,  in  the  absence  of the director, is responsible for the
  proper performance of all laboratory procedures.