2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 165 - Clinical Laboratory Technology Practice Act. › 8607 - Special Provisions.

§  8607.  Special  provisions.  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.