N.Y. Education Law § 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.