8610 - Restricted clinical laboratory and limited licenses. - New York Statutes

§ 8610. Restricted clinical laboratory and limited licenses. 1. Restricted clinical laboratory license. (a) The department may issue a restricted license pursuant to which the restricted licensee may receive a certificate to perform certain examinations and procedures within the definition of clinical laboratory technology set forth in subdivision one of section eighty-six hundred one of this article, provided that such a restricted licensee may perform examinations and procedures only in those of the following areas which are specifically listed in his or her certificate: histocompatibility, cytogenetics, stem cell process, flow cytometry/cellular immunology and molecular diagnosis to the extent such molecular diagnosis is included in genetic testing-molecular and molecular oncology. (b) Notwithstanding paragraph (a) of this subdivision, restricted licensees employed at National Cancer Institute designated cancer centers or at teaching hospitals that are eligible for distributions pursuant to paragraph (c) of subdivision three of section twenty-eight hundred seven-m of the public health law may receive a certificate that also includes the practice of molecular diagnosis including but not limited to genetic testing-molecular and molecular oncology, provided that such certificate holders may practice in such additional areas only at such centers, teaching hospitals or other sites as may be designated by the commissioner. (c) To qualify for a restricted license, an applicant shall: (i) file an application with the department; (ii) have received an education, including a bachelor's degree in the biological, chemical, or physical sciences or in mathematics from a program registered by the department or determined by the department to be the substantial equivalent; (iii) have completed a training program with a planned sequence of supervised employment or engagement in activities appropriate for the area of certification, which training program is satisfactory to the department in quality, breadth, scope and nature and is provided by an entity that shall be responsible for the services provided. The training program shall be described and attested to by the clinical director of the laboratory in which it is located prior to the beginning of the program. The duration of the training program shall be one year of full-time training in the specific areas in which the applicant is seeking certification or the part-time equivalent thereof, as determined by the department, and the successful completion of such program shall be certified by a laboratory director who is responsible for overseeing such program; (iv) be at least eighteen years of age; (v) be of good moral character as determined by the department; and (vi) pay a fee of one hundred seventy-five dollars for an initial restricted license and a fee of one hundred seventy dollars for each triennial registration period. (d) Each restricted licensee shall register with the department as required of licensees pursuant to section sixty-five hundred two of this title and shall be subject to the disciplinary provisions applicable to licensees pursuant to subarticle three of article one hundred thirty of this title. 2. Limited license. (a) The department may issue a limited license and registration pursuant to which the limited licensee may perform examinations and procedures within the definition of clinical laboratory technology set forth in subdivision one of section eight thousand six hundred one of this article, provided that an individual qualifying for a limited license pursuant to clause three of subparagraph (ii) ofparagraph (b) of this subdivision shall perform only those examinations and procedures that are for the purpose of human trials of such examinations and procedures as were the subject of the individual's research and that nothing contained in this subdivision shall authorize any individual to provide any examinations or procedures that he or she is prohibited from performing pursuant to the public health law, and provided further that an individual qualifying for a limited license pursuant to clause four of subparagraph (ii) of paragraph (b) of this subdivision shall perform only those examinations and procedures that are within the scope of practice of histological technicians. A limited license may be granted to an applicant who is employed in a clinical laboratory under the direction of a clinical director and may be issued for the purpose of enabling the applicant to complete the education and to pass the exam required for licensure as a clinical laboratory technologist or histological technician in New York state, as applicable. Notwithstanding the provisions of section sixty-five hundred two of this title, no limited license shall be valid beyond September first, two thousand thirteen, and the registration issued with the limited license shall be effective until September first, two thousand thirteen. (b) To qualify for a limited license, an applicant shall: (i) file an application with the department; (ii) either: (1) be licensed as a clinical laboratory technologist, or the equivalent as determined by the department, in another jurisdiction; or (2) have received both an education, including a bachelor's degree in the biological, chemical, or physical sciences, and training in a clinical laboratory, provided that such education and training are acceptable to the department; or (3) have received a bachelor's degree in the biological, chemical, or physical sciences or in mathematics, and have served as a research assistant in a research laboratory, under the direction of the director or the principal researcher of such research laboratory, working on the research and development of any procedures and examinations to be conducted by a laboratory, as defined in 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; or (4) for those seeking a limited license as a histological technician, have received an education, including an associate's degree that includes a minimum number of credit hours in the sciences, provided that such education is acceptable to the department; (iii) be at least eighteen years of age; (iv) be of good moral character as determined by the department; and (v) pay a fee of three hundred forty-five dollars for a limited license and registration, provided that the fee for a limited license and registration as a histological technician shall be two hundred forty-five dollars. (c) Each limited licensee shall be subject to the disciplinary provisions applicable to licensees pursuant to subarticle three of article one hundred thirty of this title. 3. The board of regents and the department are authorized to adopt such rules and regulations as may be necessary to implement the provisions of this section. 4. Nothing in this section shall restrict a clinical laboratory practitioner, as defined in subdivision two of section eighty-six hundred one of this article, from performing any of the examinations or procedures which restricted clinical laboratory licensees and limitedlicensees are permitted to perform under this section and which such clinical laboratory practitioner is otherwise authorized to perform.