N.Y. Education Law § 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.