Relates to requirements for certain clinical laboratory practitioners; includes certain acceptable types of education for clinical laboratory technologists, cytotechnologists, clinical laboratory technicians, histotechnologists and histotechnicians; outlines requirements for certification as a histotechnician.
STATE OF NEW YORK
________________________________________________________________________
7020--B
Cal. No. 1243
2021-2022 Regular Sessions
IN SENATE
May 24, 2021
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the education law, in relation to requirements for
certain clinical laboratory practitioners
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8600 of the education law, as added by chapter 204
2 of the laws of 2008, is amended to read as follows:
3 § 8600. Introduction. This article defines the practice of clinical
4 laboratory technology and provides for the licensing of clinical labora-
5 tory technologists [and], cytotechnologists, and histotechnologists and
6 for the certification of clinical laboratory technicians and [histologi-
7 cal technicians] histotechnicians. The general provisions for all
8 professions contained in article one hundred thirty of this title shall
9 apply to this article.
10 § 2. Subdivision 2 of section 8601 of the education law, as amended by
11 chapter 204 of the laws of 2008, is amended to read as follows:
12 2. A "clinical laboratory practitioner" means clinical laboratory
13 technologists, cytotechnologists, histotechnologists, clinical laborato-
14 ry technicians, and [histological technicians] histotechnicians as such
15 terms are defined in this subdivision, who practice clinical laboratory
16 technology in a licensed clinical laboratory. For the purposes of this
17 article, a licensed clinical laboratory does not include a laboratory
18 operated by any licensed physician, dentist, podiatrist, midwife or
19 certified nurse practitioner who performs laboratory tests or proce-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11276-13-2
S. 7020--B 2
1 dures, personally or through his or her employees, solely as an adjunct
2 to the treatment of his or her own patients.
3 (a) "Clinical laboratory technologist" means a clinical laboratory
4 practitioner who, pursuant to established and approved protocols of the
5 department of health, performs clinical laboratory procedures and exam-
6 inations and any other tests or procedures conducted by a clinical labo-
7 ratory, including maintaining equipment and records, and performing
8 quality assurance activities related to examination performance, and
9 which require the exercise of independent judgment and responsibility,
10 as determined by the department.
11 (b) "Cytotechnologist" means a clinical laboratory practitioner who,
12 pursuant to established and approved protocols of the department of
13 health, performs cytological procedures and examinations and any other
14 such tests including maintaining equipment and records and performing
15 quality assurance activities related to examination performance, and
16 which require the exercise of independent judgment and responsibility,
17 as determined by the department.
18 (c) "Histotechnologist" means a clinical laboratory practitioner who
19 pursuant to established and approved protocols of the department of
20 health performs slide based histological assays, tests, and procedures
21 and any other such tests conducted by a clinical histology laboratory,
22 including maintaining equipment and records and performing quality
23 assurance activities relating to procedure performance on histological
24 testing of human tissues, and which requires the exercise of independent
25 judgment and responsibility as determined by the department.
26 (d) "Clinical laboratory technician" means a clinical laboratory prac-
27 titioner who performs clinical laboratory procedures and examinations
28 pursuant to established and approved protocols of the department of
29 health, which require limited exercise of independent judgment and which
30 are performed under the supervision of a clinical laboratory technolo-
31 gist, laboratory supervisor, or director of a clinical laboratory.
32 [(d)] (e) ["Histological technician"] "Histotechnician" means a clin-
33 ical laboratory practitioner who pursuant to established and approved
34 protocols of the department of health performs slide based histological
35 assays, tests, and procedures and any other such tests conducted by a
36 clinical histology laboratory, including maintaining equipment and
37 records and performing quality assurance activities relating to proce-
38 dure performance on histological testing of human tissues and which
39 requires limited exercise of independent judgment and is performed under
40 the supervision of a laboratory supervisor, designated by the director
41 of a clinical laboratory or under the supervision of the director of the
42 clinical laboratory.
43 [(e)] (f) "Director of a clinical laboratory" means a director as that
44 term is defined in section five hundred seventy-one of the public health
45 law.
46 [(f)] (g) "Laboratory supervisor" means an individual who, under the
47 general direction of the laboratory director, supervises technical
48 personnel and reporting of findings, performs tests requiring special
49 scientific skills, and, in the absence of the director, is responsible
50 for the proper performance of all laboratory procedures.
51 § 3. Section 8602 of the education law, as added by chapter 755 of the
52 laws of 2004, is amended to read as follows:
53 § 8602. Practice of clinical laboratory technology [and], cytotechnol-
54 ogy and histotechnology and use of the titles "licensed clinical labora-
55 tory technologist" [and], "licensed cytotechnologist" and "licensed
56 histotechnologist". No person shall practice as a clinical laboratory
S. 7020--B 3
1 [technology] technologist, cytotechnologist or histotechnologist, or
2 hold himself or herself out as a clinical laboratory technologist, or a
3 cytotechnologist, or a histotechnologist in this state unless he or she
4 is licensed or exempt pursuant to this article.
5 § 4. Section 8603 of the education law, as amended by chapter 204 of
6 the laws of 2008, is amended to read as follows:
7 § 8603. Practice as a clinical laboratory technician and [histological
8 technician] histotechnician and the use of the titles "clinical labora-
9 tory technician" and ["histological technician"] "histotechnician". No
10 person shall practice as a clinical laboratory technician or as a
11 [histological technician] histotechnician or hold himself or herself out
12 as a clinical laboratory technician or a [histological technician]
13 histotechnician in this state unless he or she is certified or exempt
14 pursuant to this article, provided that an individual licensed as a
15 clinical laboratory technologist, cytotechnologist, histotechnologist,
16 or clinical laboratory technician may practice the profession of [histo-
17 logical technician] histotechnician.
18 § 5. Section 8604 of the education law, as amended by chapter 204 of
19 the laws of 2008, is amended to read as follows:
20 § 8604. State board for clinical laboratory technology. A state board
21 for clinical laboratory technology shall be appointed by the board of
22 regents upon the recommendation of the commissioner for the purpose of
23 assisting the board of regents and the department on matters of profes-
24 sional licensing and professional conduct in accordance with section
25 sixty-five hundred eight of this title. The board shall be composed of
26 twelve members, four of whom shall be licensed clinical laboratory tech-
27 nologists, two of whom shall be licensed cytotechnologists, one of whom
28 shall be a certified clinical laboratory technician, one of whom shall
29 be a licensed histotechnologist or certified [histological technician]
30 histotechnician, two members of the public, one representative of the
31 diagnostic/manufacturing industry, and one director of a clinical labo-
32 ratory who shall be a physician. An executive secretary to the board
33 shall be appointed by the board of regents upon the recommendation of
34 the commissioner. The clinical laboratory practitioner members of the
35 initial board need not be licensed prior to their appointment but shall
36 have met all other requirements of licensing except the filing of an
37 application, the passing of a satisfactory exam and paying a fee.
38 § 6. Section 8605 of the education law, as added by chapter 755 of the
39 laws of 2004, is amended to read as follows:
40 § 8605. Requirements for a license as a clinical laboratory technolo-
41 gist or cytotechnologist. To qualify for a license as a clinical labora-
42 tory technology practitioner under one of the titles defined in subdivi-
43 sion two of section eighty-six hundred one of this article, an applicant
44 shall fulfill the particular requirements of a subdivision of this
45 section applicable to the license and title sought by the applicant:
46 1. Licensure as a clinical laboratory technologist.
47 (a) Application: file an application with the department;
48 (b) Education: have received an education, including a bachelor's
49 degree in clinical laboratory technology from a program registered by
50 the department or determined by the department to be the substantial
51 equivalent or a clinical laboratory technology program accredited by a
52 national accrediting organization acceptable to the department, or have
53 received a bachelor's degree that includes a minimum number of credit
54 hours in the sciences and received appropriate clinical education in an
55 accredited clinical laboratory technology program or a program to be
56 determined by the department to be the substantial equivalent;
S. 7020--B 4
1 (b-1) Alternatives to education:
2 (i) In lieu of requirements specified in paragraph (b) of this subdi-
3 vision the department may accept:
4 (1) current clinical laboratory technology certification by a national
5 certification organization acceptable to the department; or
6 (2) clinical laboratory technology licensure in a jurisdiction accept-
7 able to the department;
8 (ii) In lieu of requirements specified in paragraph (b) of this subdi-
9 vision the department may accept, a bachelor's degree in a natural
10 science or a clinical laboratory science and coursework acceptable to
11 the department and:
12 (1) two years' experience in a clinical laboratory while licensed as a
13 clinical laboratory technician in New York or another jurisdiction
14 acceptable to the department; or
15 (2) two years' experience in a clinical laboratory while certified as
16 a clinical laboratory technician by a national certification organiza-
17 tion acceptable to the department.
18 (c) Examination: pass an examination satisfactory to the board and in
19 accordance with the commissioner's regulations;
20 (d) Age: be at least eighteen years of age;
21 (e) Character: be of good moral character as determined by the depart-
22 ment; and
23 (f) Fees: pay a fee of one hundred seventy-five dollars for an initial
24 license and a fee of one hundred seventy dollars for each triennial
25 registration period.
26 2. Licensure as a cytotechnologist.
27 (a) Application: file an application with the department;
28 (b) Education: have received an education, including a bachelor's
29 degree in cytotechnology from a program registered by the department or
30 determined by the department to be the substantial equivalent, or have
31 received a bachelor's degree that includes a minimum number of credit
32 hours in the sciences and received appropriate clinical education in an
33 accredited cytotechnology program or a program determined by the depart-
34 ment to be the substantial equivalent;
35 (b-1) Alternatives to education: in lieu of requirements specified in
36 paragraph (b) of this subdivision the department may accept:
37 (i) current cytotechnology certification by a national certification
38 organization acceptable to the department; or
39 (ii) cytotechnology licensure in a jurisdiction acceptable to the
40 department.
41 (c) Examination: pass an examination acceptable to the board and in
42 accordance with the commissioner's regulations;
43 (d) Age: be at least eighteen years of age;
44 (e) Character: be of good moral character as determined by the depart-
45 ment; and
46 (f) Fees: pay a fee of one hundred seventy-five dollars for an initial
47 license and a fee of one hundred seventy dollars for each triennial
48 registration period.
49 § 7. Subdivision 2 of section 8606 of the education law, as added by
50 chapter 755 of the laws of 2004, is amended to read as follows:
51 2. Education: have received an education, including an associate's
52 degree from an approved clinical laboratory technician program regis-
53 tered by the department or determined by the department to be the
54 substantial equivalent, or an associate's degree clinical laboratory
55 technician program accredited by a national accrediting organization
56 acceptable to the department, or an associate's degree program in a
S. 7020--B 5
1 natural science or a clinical laboratory science and coursework accepta-
2 ble to the department and a clinical laboratory technician program
3 accredited by a national accrediting organization acceptable to the
4 department;
5 § 8. Section 8606 of the education law is amending by adding a new
6 subdivision 2-a to read as follows:
7 2-a. Alternatives to education: in lieu of requirements specified in
8 subdivision two of this section the department may accept:
9 (a) current clinical laboratory technician certification by a national
10 certification organization acceptable to the department; or
11 (b) clinical laboratory technician licensure in a jurisdiction accept-
12 able to the department.
13 § 9. Section 8606-a of the education law, as added by chapter 204 of
14 the laws of 2008, is amended to read as follows:
15 § 8606-a. Requirements for certification as a [histological techni-
16 cian] histotechnician. For certification as a [histological technician]
17 histotechnician under this article, an applicant shall fulfill the
18 following requirements:
19 1. Application: file an application with the department;
20 2. Education: have received an education, including an associate's
21 degree from an approved [histological technician] histotechnician
22 program registered by the department or determined by the department to
23 be the substantial equivalent, or have received an associate's degree
24 that includes a minimum number of credit hours in the sciences and
25 received appropriate clinical education in a [histological technician]
26 histotechnician program approved by the department or a program to be
27 determined by the department to be the substantial equivalent or a
28 histotechnician program accredited by a national accrediting organiza-
29 tion acceptable to the department;
30 2-a. Alternatives to education: in lieu of requirements specified in
31 subdivision two of this section the department may accept:
32 (a) current histotechnician certification by a national certification
33 organization acceptable to the department; or
34 (b) histotechnician licensure in a jurisdiction acceptable to the
35 department.
36 3. Examination: pass an examination satisfactory to the board and in
37 accordance with the commissioner's regulations;
38 4. Age: be at least eighteen years of age;
39 5. Character: be of good moral character as determined by the depart-
40 ment; and
41 6. Fees: pay a fee of one hundred twenty-five dollars for an initial
42 certification and a fee of one hundred twenty dollars for each triennial
43 registration period.
44 § 10. The education law is amended by adding a new section 8606-b to
45 read as follows:
46 § 8606-b. Requirements for licensure as a histotechnologist. For
47 certification as a histotechnologist under this article, an applicant
48 shall fulfill the following requirements:
49 1. Application: file an application with the department;
50 2. Education: have completed one of following requirements:
51 (a) a bachelor's degree program in histotechnology registered by the
52 department or determined by the department to be the substantial equiv-
53 alent, or a histotechnology program accredited by a national accrediting
54 organization acceptable to the department; or
55 (b) a bachelor's degree program in a natural science or a laboratory
56 science and a minimum number of credit hours acceptable to the depart-
S. 7020--B 6
1 ment, and appropriate clinical education in a histotechnologist program
2 accredited by a national accrediting organization acceptable to the
3 department or a program registered by the department or determined by
4 the department to be the substantial equivalent; or
5 (c) current histotechnologist certification by a national certif-
6 ication organization acceptable to the department; or
7 (d) histotechnologist licensure in a jurisdiction acceptable to the
8 department;
9 3. Alternatives to education: in lieu of requirements specified in
10 subdivision two of this section the department may accept, a bachelor's
11 degree in a natural science or a clinical laboratory science and course-
12 work acceptable to the department and:
13 (a) two years' experience in a clinical laboratory while licensed as a
14 histotechnician in New York or another jurisdiction acceptable to the
15 department; or
16 (b) two years' experience in a clinical laboratory while certified as
17 a histotechnician by a national certification organization acceptable to
18 the department.
19 4. Examination: pass an examination satisfactory to the board and in
20 accordance with the commissioner's regulations;
21 5. Age: be at least eighteen years of age;
22 6. Character: be of good moral character as determined by the depart-
23 ment; and
24 7. Fees: pay a fee of one hundred seventy-five dollars for an initial
25 license and a fee of one hundred seventy dollars for each triennial
26 registration period.
27 § 11. Subdivision 1 and paragraphs (a) and (b) of subdivision 2 of
28 section 8608 of the education law, subdivision 1 as amended and para-
29 graphs (a) and (b) of subdivision 2 as added by chapter 147 of the laws
30 of 2018, are amended to read as follows:
31 1. Limited permit. On the recommendation of the board, the department
32 may issue a limited permit to practice as a clinical laboratory practi-
33 tioner to an applicant who has met all requirements for licensure as a
34 clinical laboratory technologist or cytotechnologist, histotechnologist,
35 or certification as a clinical laboratory technician or [histological
36 technician] histotechnician, except those relating to the examination
37 and provided that the individual is under the general supervision of the
38 director of a clinical laboratory, as determined by the department. This
39 limited permit shall be valid for a period of not more than [one year,
40 and may be renewed, at the discretion of the department, for one addi-
41 tional year] two years and shall not be renewable.
42 (a) On the recommendation of the board, the department may issue a
43 provisional permit to practice as a clinical laboratory practitioner to
44 an applicant who is employed in a clinical laboratory for the purpose of
45 enabling the applicant to complete the education requirements and/or to
46 pass the exam required for licensure as a clinical laboratory technolo-
47 gist or [histological technician] histotechnician and provided that the
48 individual is under the general supervision of the director of a clin-
49 ical laboratory, as determined by the department, and provided further
50 that the applicant meets the requirements outlined in paragraph (b) of
51 this subdivision. This provisional permit shall be valid for a period of
52 not more than [one year, and may be renewed, at the discretion of the
53 department, for one additional year] two years and shall not be renewa-
54 ble.
55 (b) To qualify for a provisional permit, the applicant shall:
56 (i) file [an] a provisional permit application with the department;
S. 7020--B 7
1 (ii) have at least one of the following enumerated qualifications:
2 (A) be licensed as a clinical laboratory technologist, or the equiv-
3 alent as determined by the department, in another jurisdiction or
4 possess a current certification in [a] clinical laboratory technology
5 from a national certification organization acceptable to the department;
6 or
7 (B) have received both an education, including a bachelor's degree in
8 the biological, chemical, or physical sciences, and training in a clin-
9 ical laboratory, provided that such education and training are accepta-
10 ble to the department; or
11 (C) have received a bachelor's degree in the biological, chemical, or
12 physical sciences or in mathematics, and have served as a research
13 assistant in a research laboratory, under the direction of the director
14 or the principal researcher of such research laboratory, working on the
15 research and development of any procedures and examinations to be
16 conducted by a laboratory, as defined in title five of article five of
17 the public health law, on material derived from the human body which
18 provides information for the diagnosis, prevention or treatment of a
19 disease or assessment of a human medical condition; or
20 (D) for those seeking a provisional permit as a [histological techni-
21 cian] histotechnician, have received an education, including an associ-
22 ate's degree that includes a minimum number of credit hours in the
23 sciences, provided that such education is acceptable to the department;
24 (iii) be at least eighteen years of age;
25 (iv) be of good moral character as determined by the department; [and]
26 (v) pay a fee of [three hundred forty-five] fifty dollars for a provi-
27 sional permit [provided that the fee for a provisional permit as a
28 histological technician shall be two hundred forty-five dollars.];
29 (vi) file a licensure application with the department; and
30 (vii) pay the licensure fee as outlined in section eighty-six hundred
31 six of this article.
32 § 12. Subdivision 1 of section 8609 of the education law, as amended
33 by chapter 204 of the laws of 2008, is amended to read as follows:
34 1. the practice, conduct, activities, or services by any person
35 licensed or otherwise authorized to practice medicine within the state
36 pursuant to article one hundred thirty-one-B of this title, or by any
37 person registered to perform services as a physician assistant or
38 specialist assistant within the state pursuant to article one hundred
39 thirty-one-B of this title, or by any person licensed to practice
40 dentistry within the state pursuant to article one hundred thirty-three
41 of this title, or by any person licensed to practice podiatry within the
42 state pursuant to article one hundred forty-one of this title, or by any
43 person certified as a nurse practitioner within the state pursuant to
44 article one hundred thirty-nine of this title, or by any person licensed
45 to perform services as a respiratory therapist or respiratory therapy
46 technician under article one hundred sixty-four of this title, or any
47 person licensed to practice midwifery within the state pursuant to arti-
48 cle one hundred forty of this title, or a person licensed to practice
49 nursing pursuant to article one hundred thirty-nine of this title, or a
50 person licensed to practice pursuant to article thirty-five of the
51 public health law; provided, however, that no such person shall use the
52 titles licensed clinical laboratory technologist, licensed cytotechnolo-
53 gist, licensed histotechnologist, [or] certified clinical laboratory
54 technician, or certified histotechnician, unless licensed or certified
55 under this article; or
S. 7020--B 8
1 § 13. This act shall take effect on the one hundred eightieth day
2 after it shall have become a law; provided however, that section ten of
3 this act shall take effect eighteen months after it shall have become a
4 law. Effective immediately, the state education department is author-
5 ized to promulgate regulations that may be required and to take other
6 measures necessary to implement this act prior to the aforementioned
7 effective dates, including acceptance and processing of applications for
8 licensing.
