IN ASSEMBLY
                                      March 2, 2018
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Higher Education
        AN ACT to amend the education law, in relation to a  provisional  permit
          for  clinical  laboratory  technology;  and to repeal subdivision 2 of
          section 8610 of the education law relating to a  limited  license  for
          clinical laboratory technology
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 8608 of the education law, as  amended  by  chapter
     2  204 of the laws of 2008, is amended to read as follows:
     3    §  8608.  Limited  and  provisional permits. 1. Limited permit. On the
     4  recommendation of the board, the department may issue a  limited  permit
     5  to  practice  as  a clinical laboratory practitioner to an applicant who
     6  has met all requirements for licensure as a clinical laboratory technol-
     7  ogist or cytotechnologist or  certification  as  a  clinical  laboratory
     8  technician  or  histological  technician,  except  those relating to the
     9  examination and provided that the individual is under the general super-
    10  vision of the director of a clinical laboratory, as  determined  by  the
    11  department.  This limited permit shall be valid for a period of not more
    12  than one year, and may be renewed, at the discretion of the  department,
    13  for one additional year.
    14    2.  Provisional  permit.  (a)  On the recommendation of the board, the
    15  department may issue a provisional permit  to  practice  as  a  clinical
    16  laboratory  practitioner  to  an applicant who is employed in a clinical
    17  laboratory for the purpose of enabling the  applicant  to  complete  the
    18  education requirements and/or to pass the exam required for licensure as
    19  a  clinical  laboratory  technologist  or  histological  technician  and
    20  provided that the individual is under the  general  supervision  of  the
    21  director  of a clinical laboratory, as determined by the department, and
    22  provided further that the applicant meets the requirements  outlined  in
    23  paragraph  (b)  of  this subdivision.   This provisional permit shall be
    24  valid for a period of not more than one year, and may be renewed, at the
    25  discretion of the department, for one additional year.
    26    (b) To qualify for a provisional permit, the applicant shall:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9966                             2
     1    (i) file an application with the department;
     2    (ii) have at least one of the following enumerated qualifications:
     3    (A)  be  licensed as a clinical laboratory technologist, or the equiv-
     4  alent as determined by the department, in another jurisdiction; or
     5    (B) have received both an education, including a bachelor's degree  in
     6  the  biological, chemical, or physical sciences, and training in a clin-
     7  ical laboratory, provided that such education and training are  accepta-
     8  ble to the department; or
     9    (C)  have received a bachelor's degree in the biological, chemical, or
    10  physical sciences or in mathematics,  and  have  served  as  a  research
    11  assistant  in a research laboratory, under the direction of the director
    12  or the principal researcher of such research laboratory, working on  the
    13  research  and  development  of  any  procedures  and  examinations to be
    14  conducted by a laboratory, as defined in title five of article  five  of
    15  the  public  health  law,  on material derived from the human body which
    16  provides information for the diagnosis, prevention  or  treatment  of  a
    17  disease or assessment of a human medical condition; or
    18    (D)  for  those seeking a provisional permit as a histological techni-
    19  cian, have received an education, including an associate's  degree  that
    20  includes a minimum number of credit hours in the sciences, provided that
    21  such education is acceptable to the department;
    22    (iii) be at least eighteen years of age;
    23    (iv) be of good moral character as determined by the department; and
    24    (v)  pay  a  fee of three hundred forty-five dollars for a provisional
    25  permit and registration, provided that the fee for a provisional  permit
    26  and  registration  as  a  histological  technician  shall be two hundred
    27  forty-five dollars.
    28    (c) Each provisional permit  shall  be  subject  to  the  disciplinary
    29  provisions applicable to licensees pursuant to subarticle three of arti-
    30  cle one hundred thirty of this title.
    31    3.  The  board  of  regents and the department are authorized to adopt
    32  such rules  and  regulations  as  may  be  necessary  to  implement  the
    33  provisions of this section.
    34    §  2.  Subdivision 2 of section 8610 of the education law is REPEALED,
    35  subdivision 3 is renumbered subdivision 2 and the  section  heading  and
    36  subdivision  4, as added by chapter 204 of the laws of 2008, are amended
    37  to read as follows:
    38    Restricted clinical laboratory [and limited] licenses.
    39    [4] 3. Nothing in this section shall restrict  a  clinical  laboratory
    40  practitioner,  as  defined  in  subdivision  two  of  section eighty-six
    41  hundred one of this article, from performing any of the examinations  or
    42  procedures  which  restricted clinical laboratory licensees [and limited
    43  licensees] are permitted to perform under this section  and  which  such
    44  clinical laboratory practitioner is otherwise authorized to perform.
    45    § 3. This act shall take effect immediately.