Provides for restricted clinical laboratory licenses for individuals employed in a department of health authorized toxicology laboratory, operating under the direction of a clinical laboratory director.
STATE OF NEW YORK
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7906--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 28, 2019
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Higher Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to restricted clinical
laboratory licenses in toxicology
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 8610 of the education law, as
2 added by chapter 204 of the laws of 2008, paragraph (b) as amended by
3 chapter 276 of the laws of 2014, is amended to read as follows:
4 1. Restricted clinical laboratory license.
5 (a) The department may issue a restricted license pursuant to which
6 the restricted licensee may receive a certificate to perform certain
7 examinations and procedures within the definition of clinical laboratory
8 technology set forth in subdivision one of section eighty-six hundred
9 one of this article, provided that such a restricted licensee may
10 perform examinations and procedures only in those of the following areas
11 which are specifically listed in his or her certificate: histocompati-
12 bility, cytogenetics, stem cell process, flow cytometry/cellular immu-
13 nology and molecular diagnosis to the extent such molecular diagnosis is
14 included in genetic testing-molecular and molecular oncology, and toxi-
15 cology (under paragraph (b-1) of this subdivision).
16 (b) Notwithstanding paragraph (a) of this subdivision, restricted
17 licensees employed at National Cancer Institute designated cancer
18 centers or at teaching hospitals that are eligible for distributions
19 pursuant to paragraph (c) of subdivision three of section twenty-eight
20 hundred seven-m of the public health law may receive a certificate that
21 also includes the practice of molecular diagnosis including but not
22 limited to genetic testing-molecular and molecular oncology, and
23 restricted licensees employed at national cancer institute designated
24 cancer centers may receive a certificate that includes the use of mass
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11799-02-9
A. 7906--A 2
1 spectrometry or any tests and procedures acceptable to the commissioner
2 of health, in consultation with the commissioner, in the field of
3 proteomics, provided that such certificate holders may practice in such
4 additional areas only at such centers, teaching hospitals or other sites
5 as may be designated by the commissioner.
6 (b-1) Only individuals employed in a New York state department of
7 health authorized toxicology laboratory, operating under the direction
8 of a clinical laboratory director, may obtain a certificate in toxicolo-
9 gy.
10 (c) To qualify for a restricted license, an applicant shall:
11 (i) file an application with the department;
12 (ii) have received an education, including a bachelor's degree in the
13 biological, chemical, or physical sciences or in mathematics from a
14 program registered by the department or determined by the department to
15 be the substantial equivalent;
16 (iii) have completed a training program with a planned sequence of
17 supervised employment or engagement in activities appropriate for the
18 area of certification, which training program is satisfactory to the
19 department in quality, breadth, scope and nature and is provided by an
20 entity that shall be responsible for the services provided. The training
21 program shall be described and attested to by the clinical director of
22 the laboratory in which it is located prior to the beginning of the
23 program. The duration of the training program shall be one year of full-
24 time training in the specific areas in which the applicant is seeking
25 certification or the part-time equivalent thereof, as determined by the
26 department, and the successful completion of such program shall be
27 certified by a laboratory director who is responsible for overseeing
28 such program;
29 (iv) be at least eighteen years of age;
30 (v) be of good moral character as determined by the department; and
31 (vi) pay a fee of one hundred seventy-five dollars for an initial
32 restricted license and a fee of one hundred seventy dollars for each
33 triennial registration period.
34 (d) Each restricted licensee shall register with the department as
35 required of licensees pursuant to section sixty-five hundred two of this
36 title and shall be subject to the disciplinary provisions applicable to
37 licensees pursuant to subarticle three of article one hundred thirty of
38 this title.
39 § 2. This act shall take effect on the one hundred twentieth day after
40 it shall have become a law. Effective immediately, the commissioner of
41 education shall make regulations and take other actions reasonably
42 necessary to implement this act on that date.