Section 8607. Special provisions  


Latest version.
  • 1. Notwithstanding the requirements of
      section eighty-six hundred five  and  eighty-six  hundred  six  of  this
      article,  and  until July first, two thousand nine, an individual may be
      licensed as a clinical laboratory technology practitioner, as defined in
      section eighty-six  hundred  one  of  this  article,  provided  that  an
      individual  may  be  licensed pursuant to subparagraph (vi) of paragraph
      (a) or subparagraph (iii) of paragraph (b)  of  this  subdivision  until
      December thirty-first, two thousand thirteen provided such person:
        (a) In the case of clinical laboratory technologist, has either:
        (i)   met   the   educational  requirements  for  clinical  laboratory
      technologist as defined in  section  eighty-six  hundred  five  of  this
      article  and  has  been  performing  the duties of a clinical laboratory
      technologist  for  two  of  the  past  five  years  prior  to   December
      thirty-first, two thousand seven; or completed an approved baccalaureate
      degree  program  in  biological,  chemical  or physical sciences from an
      accredited college or university and has been performing the duties of a
      clinical laboratory technologist for two of the past five years prior to
      December thirty-first, two thousand seven;
        (ii) been engaged full-time in the education  of  clinical  laboratory
      practitioners  for the equivalent of two of the past five years prior to
      December thirty-first, two thousand seven;
        (iii) performed the duties of a clinical laboratory  technologist  for
      at  least  five years prior to December thirty-first, two thousand seven
      as verified by a director of a clinical laboratory;
        (iv) become previously qualified under other  regulatory  requirements
      for that license or its equivalent;
        (v) become a currently certified clinical laboratory technician with a
      bachelor's  degree  from  an  accredited college that includes a minimum
      number of credit hours in the sciences and four years of documented work
      experience as  a  clinical  laboratory  technician,  acceptable  to  the
      department; or
        (vi)  become  qualified to perform the duties of a clinical laboratory
      technologist in a clinical laboratory operated in accordance with  title
      five  of  article  five  of  the  public  health law and the regulations
      promulgated thereunder,  and  competently  performed  the  duties  of  a
      clinical  laboratory  technologist in a clinical laboratory for a period
      of not less than six months in the  three  years  immediately  preceding
      December  thirty-first,  two thousand seven as verified by a director of
      the clinical laboratory.
        (b) In the case of a clinical laboratory technician, has either:
        (i)  met  the  educational  requirements  of  a  clinical   laboratory
      technician  as defined in section eighty-six hundred six of this article
      and performed the duties of a clinical laboratory technician for two  of
      the past five years prior to December thirty-first, two thousand seven;
        (ii)  performed  the duties of a clinical laboratory technician for at
      least five years prior to December thirty-first, two thousand  seven  or
      has  previously qualified under other regulatory requirements for such a
      certification or such certification's equivalent; or
        (iii) become qualified to perform the duties of a clinical  laboratory
      technician  in  a  clinical laboratory operated in accordance with title
      five of article five of  the  public  health  law  and  the  regulations
      promulgated  thereunder,  and  competently  performed  the  duties  of a
      clinical laboratory technician in a clinical laboratory for a period  of
      not  less  than  six  months  in  the  three years immediately preceding
      December thirty-first, two thousand seven as verified by a  director  of
      the clinical laboratory.
        (c) In the case of cytotechnologist, has either:
    
        (i)  met the educational requirements of a cytotechnologist as defined
      in section eighty-six hundred five of this  article  and  performed  the
      duties of a cytotechnologist for two of the previous five years prior to
      December thirty-first, two thousand seven;
        (ii)  performed  the  duties  of  a cytotechnologist for at least five
      years prior to December thirty-first, two thousand seven as verified  by
      a director of a clinical laboratory; or
        (iii) has previously qualified under other regulatory requirements for
      such a license or such license's equivalent.
        (d) In the case of a histological technician, has either:
        (i)  met  the educational requirements of a histological technician as
      defined  in  section  eighty-six  hundred  six-a  of  this  article  and
      performed  the  duties  of a histological technician for two of the past
      five years prior to December thirty-first, two thousand seven;
        (ii) performed the duties of a histological technician  for  at  least
      five  years  prior  to  December thirty-first, two thousand seven or has
      previously qualified under other  regulatory  requirements  for  such  a
      certification or such certification's equivalent; or
        (iii)  become  qualified  to  perform  the  duties  of  a histological
      technician in a clinical laboratory operated in  accordance  with  title
      five  of  article  five  of  the  public  health law and the regulations
      promulgated thereunder,  and  competently  performed  the  duties  of  a
      histological  technician  in  a  clinical laboratory for a period of not
      less than six months in the three years immediately  preceding  December
      thirty-first,  two  thousand  seven  as  verified  by  a director of the
      clinical laboratory.
        2. For the purposes of subdivision one of this section,  it  shall  be
      determined  that  the filing of an application with the department on or
      before January first, two thousand nine shall qualify  for  purposes  of
      such  subdivision, regardless of the time period required for processing
      such application, provided that an application for licensure pursuant to
      subparagraph (vi) of paragraph (a), subparagraph (iii) of paragraph (b),
      or subparagraph (iii) or  paragraph  (d)  of  subdivision  one  of  this
      section  shall  be  submitted on or before September first, two thousand
      thirteen.
        3. The commissioner may  adopt  such  regulations  as  appropriate  to
      license  or  certify individuals who hold valid licenses, certifications
      or their equivalent in another state or country, provided the  standards
      for granting licenses or certifications to such individuals are not less
      than  the  standards required of persons otherwise licensed or certified
      pursuant to this article.