2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 165 - Clinical Laboratory Technology Practice Act. › 8601 - Definition of the Practice of Clinical Laboratory Technology and Clinical Laboratory Technology Practitioner.

§  8601.  Definition of the practice of clinical laboratory technology
and clinical laboratory technology practitioner. 1. "Clinical laboratory
technology"  means  the  performance  of  microbiological,  virological,
serological,  chemical, immunohematological, hematological, biophysical,
cytogenetical, cytological or histological procedures  and  examinations
and  any other test or procedure conducted by a laboratory as defined by
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.
2. A "clinical  laboratory  practitioner"  means  clinical  laboratory
technologists,     cytotechnologists,    histotechnologists,    clinical
laboratory technicians, and histotechnicians as such terms  are  defined
in  this  subdivision,  who practice clinical laboratory technology in a
licensed clinical laboratory.  For  the  purposes  of  this  article,  a
licensed  clinical  laboratory does not include a laboratory operated by
any licensed physician, dentist, podiatrist, midwife or certified  nurse
practitioner  who performs laboratory tests or procedures, personally or
through his or her employees, solely as an adjunct to the  treatment  of
his or her own patients.
(a)  "Clinical  laboratory  technologist"  means a clinical laboratory
practitioner who, pursuant to established and approved protocols of  the
department  of  health,  performs  clinical  laboratory  procedures  and
examinations and any other tests or procedures conducted by  a  clinical
laboratory,  including maintaining equipment and records, and performing
quality assurance activities related  to  examination  performance,  and
which  require  the exercise of independent judgment and responsibility,
as determined by the department.
(b) "Cytotechnologist" means a clinical laboratory  practitioner  who,
pursuant  to  established  and  approved  protocols of the department of
health, performs cytological procedures and examinations and  any  other
such  tests  including  maintaining equipment and records and performing
quality assurance activities related  to  examination  performance,  and
which  require  the exercise of independent judgment and responsibility,
as determined by the department.
(c) "Histotechnologist" means a clinical laboratory  practitioner  who
pursuant  to  established  and  approved  protocols of the department of
health performs slide based histological assays, tests,  and  procedures
and  any  other such tests conducted by a clinical histology laboratory,
including maintaining  equipment  and  records  and  performing  quality
assurance  activities  relating to procedure performance on histological
testing of human tissues, and which requires the exercise of independent
judgment and responsibility as determined by the department.
(d) "Clinical  laboratory  technician"  means  a  clinical  laboratory
practitioner   who   performs   clinical   laboratory   procedures   and
examinations pursuant to  established  and  approved  protocols  of  the
department  of  health,  which  require  limited exercise of independent
judgment and which are performed under the  supervision  of  a  clinical
laboratory   technologist,  laboratory  supervisor,  or  director  of  a
clinical laboratory.
(e) "Histotechnician" means a  clinical  laboratory  practitioner  who
pursuant  to  established  and  approved  protocols of the department of
health performs slide based histological assays, tests,  and  procedures
and  any  other such tests conducted by a clinical histology laboratory,
including maintaining  equipment  and  records  and  performing  quality
assurance  activities  relating to procedure performance on histological
testing  of  human  tissues  and  which  requires  limited  exercise  of
independent  judgment  and  is  performed  under  the  supervision  of a

laboratory  supervisor,  designated  by  the  director  of  a   clinical
laboratory  or  under  the  supervision  of the director of the clinical
laboratory.
(f)  "Director of a clinical laboratory" means a director as that term
is defined in section five hundred seventy-one of the public health law.
(g) "Laboratory supervisor" means an individual who, under the general
direction of the laboratory director, supervises technical personnel and
reporting of  findings,  performs  tests  requiring  special  scientific
skills,  and,  in  the  absence  of the director, is responsible for the
proper performance of all laboratory procedures.