N.Y. Education Law § 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.