NY Educ L § 8610 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 165 - Clinical Laboratory Technology Practice Act. 8610 - Restricted Clinical Laboratory Licenses.

§   8610.  Restricted  clinical  laboratory  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,  and  toxicology  (under  paragraph  (b-1)  of this subdivision).  (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,   and restricted  licensees  employed  at national cancer institute designated cancer centers may receive a certificate that includes the use  of  mass spectrometry  or any tests and procedures acceptable to the commissioner of health, in consultation  with  the  commissioner,  in  the  field  of proteomics,  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.  (b-1) Only individuals employed in a  New  York  state  department  of health  authorized  toxicology laboratory, operating under the direction of  a  clinical  laboratory  director,  may  obtain  a  certificate   in toxicology.  (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.  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.   3.  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 are  permitted to  perform  under  this  section  and  which  such  clinical laboratory practitioner is otherwise authorized to perform.