2023 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, molecular testing, 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  testing  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.