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.
Last modified: February 3, 2019