Bill Text: NY A10162 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to requirements for certain clinical laboratory practitioners; includes certain acceptable types of alternatives to education for clinical laboratory technologists, cytotechnologists, clinical laboratory technicians, histotechnologists and histotechnicians; outlines requirements for certification as a histotechnologist.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-06-03 - substituted by s7020b [A10162 Detail]
Download: New_York-2021-A10162-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10162--A IN ASSEMBLY May 4, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick) -- read once and referred to the Committee on Higher Education -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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-7cal 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- 20 dures, personally or through his or her employees, solely as an adjunct 21 to the treatment of his or her own patients. 22 (a) "Clinical laboratory technologist" means a clinical laboratory 23 practitioner who, pursuant to established and approved protocols of the 24 department of health, performs clinical laboratory procedures and exam- 25 inations and any other tests or procedures conducted by a clinical labo- 26 ratory, including maintaining equipment and records, and performing 27 quality assurance activities related to examination performance, and 28 which require the exercise of independent judgment and responsibility, 29 as determined by the department. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11276-12-2A. 10162--A 2 1 (b) "Cytotechnologist" means a clinical laboratory practitioner who, 2 pursuant to established and approved protocols of the department of 3 health, performs cytological procedures and examinations and any other 4 such tests including maintaining equipment and records and performing 5 quality assurance activities related to examination performance, and 6 which require the exercise of independent judgment and responsibility, 7 as determined by the department. 8 (c) "Histotechnologist" means a clinical laboratory practitioner who 9 pursuant to established and approved protocols of the department of 10 health performs slide based histological assays, tests, and procedures 11 and any other such tests conducted by a clinical histology laboratory, 12 including maintaining equipment and records and performing quality 13 assurance activities relating to procedure performance on histological 14 testing of human tissues, and which requires the exercise of independent 15 judgment and responsibility as determined by the department. 16 (d) "Clinical laboratory technician" means a clinical laboratory prac- 17 titioner who performs clinical laboratory procedures and examinations 18 pursuant to established and approved protocols of the department of 19 health, which require limited exercise of independent judgment and which 20 are performed under the supervision of a clinical laboratory technolo- 21 gist, laboratory supervisor, or director of a clinical laboratory. 22 [(d)] (e) ["Histological technician"] "Histotechnician" means a clin- 23 ical laboratory practitioner who pursuant to established and approved 24 protocols of the department of health performs slide based histological 25 assays, tests, and procedures and any other such tests conducted by a 26 clinical histology laboratory, including maintaining equipment and 27 records and performing quality assurance activities relating to proce- 28 dure performance on histological testing of human tissues and which 29 requires limited exercise of independent judgment and is performed under 30 the supervision of a laboratory supervisor, designated by the director 31 of a clinical laboratory or under the supervision of the director of the 32 clinical laboratory. 33 [(e)] (f) "Director of a clinical laboratory" means a director as that 34 term is defined in section five hundred seventy-one of the public health 35 law. 36 [(f)] (g) "Laboratory supervisor" means an individual who, under the 37 general direction of the laboratory director, supervises technical 38 personnel and reporting of findings, performs tests requiring special 39 scientific skills, and, in the absence of the director, is responsible 40 for the proper performance of all laboratory procedures. 41 § 3. Section 8602 of the education law, as added by chapter 755 of the 42 laws of 2004, is amended to read as follows: 43 § 8602. Practice of clinical laboratory technology [and], cytotechnol- 44 ogy and histotechnology and use of the titles "licensed clinical labora- 45 tory technologist" [and], "licensed cytotechnologist" and "licensed 46 histotechnologist". No person shall practice as a clinical laboratory 47 [technology] technologist, cytotechnologist or histotechnologist, or 48 hold himself or herself out as a clinical laboratory technologist, or a 49 cytotechnologist, or a histotechnologist in this state unless he or she 50 is licensed or exempt pursuant to this article. 51 § 4. Section 8603 of the education law, as amended by chapter 204 of 52 the laws of 2008, is amended to read as follows: 53 § 8603. Practice as a clinical laboratory technician and [histological54technician] histotechnician and the use of the titles "clinical labora- 55 tory technician" and ["histological technician"] "histotechnician". No 56 person shall practice as a clinical laboratory technician or as aA. 10162--A 3 1 [histological technician] histotechnician or hold himself or herself out 2 as a clinical laboratory technician or a [histological technician] 3 histotechnician in this state unless he or she is certified or exempt 4 pursuant to this article, provided that an individual licensed as a 5 clinical laboratory technologist, cytotechnologist, histotechnologist, 6 or clinical laboratory technician may practice the profession of [histo-7logical technician] histotechnician. 8 § 5. Section 8604 of the education law, as amended by chapter 204 of 9 the laws of 2008, is amended to read as follows: 10 § 8604. State board for clinical laboratory technology. A state board 11 for clinical laboratory technology shall be appointed by the board of 12 regents upon the recommendation of the commissioner for the purpose of 13 assisting the board of regents and the department on matters of profes- 14 sional licensing and professional conduct in accordance with section 15 sixty-five hundred eight of this title. The board shall be composed of 16 twelve members, four of whom shall be licensed clinical laboratory tech- 17 nologists, two of whom shall be licensed cytotechnologists, one of whom 18 shall be a certified clinical laboratory technician, one of whom shall 19 be a licensed histotechnologist or certified [histological technician] 20 histotechnician, two members of the public, one representative of the 21 diagnostic/manufacturing industry, and one director of a clinical labo- 22 ratory who shall be a physician. An executive secretary to the board 23 shall be appointed by the board of regents upon the recommendation of 24 the commissioner. The clinical laboratory practitioner members of the 25 initial board need not be licensed prior to their appointment but shall 26 have met all other requirements of licensing except the filing of an 27 application, the passing of a satisfactory exam and paying a fee. 28 § 6. Section 8605 of the education law, as added by chapter 755 of the 29 laws of 2004, is amended to read as follows: 30 § 8605. Requirements for a license as a clinical laboratory technolo- 31 gist or cytotechnologist. To qualify for a license as a clinical labora- 32 tory technology practitioner under one of the titles defined in subdivi- 33 sion two of section eighty-six hundred one of this article, an applicant 34 shall fulfill the particular requirements of a subdivision of this 35 section applicable to the license and title sought by the applicant: 36 1. Licensure as a clinical laboratory technologist. 37 (a) Application: file an application with the department; 38 (b) Education: have received an education, including a bachelor's 39 degree in clinical laboratory technology from a program registered by 40 the department or determined by the department to be the substantial 41 equivalent or a clinical laboratory technology program accredited by a 42 national accrediting organization acceptable to the department, or have 43 received a bachelor's degree that includes a minimum number of credit 44 hours in the sciences and received appropriate clinical education in an 45 accredited clinical laboratory technology program or a program to be 46 determined by the department to be the substantial equivalent; 47 (b-1) Alternatives to education: 48 (i) In lieu of requirements specified in paragraph (b) of this subdi- 49 vision the department may accept: 50 (1) current clinical laboratory technology certification by a national 51 certification organization acceptable to the department; or 52 (2) clinical laboratory technology licensure in a jurisdiction accept- 53 able to the department; 54 (ii) In lieu of requirements specified in paragraph (b) of this subdi- 55 vision the department may accept, a bachelor's degree in a naturalA. 10162--A 4 1 science or a clinical laboratory science and coursework acceptable to 2 the department and: 3 (1) two years' experience in a clinical laboratory while licensed as a 4 clinical laboratory technician in New York or another jurisdiction 5 acceptable to the department; or 6 (2) two years' experience in a clinical laboratory while certified as 7 a clinical laboratory technician by a national certification organiza- 8 tion acceptable to the department. 9 (c) Examination: pass an examination satisfactory to the board and in 10 accordance with the commissioner's regulations; 11 (d) Age: be at least eighteen years of age; 12 (e) Character: be of good moral character as determined by the depart- 13 ment; and 14 (f) Fees: pay a fee of one hundred seventy-five dollars for an initial 15 license and a fee of one hundred seventy dollars for each triennial 16 registration period. 17 2. Licensure as a cytotechnologist. 18 (a) Application: file an application with the department; 19 (b) Education: have received an education, including a bachelor's 20 degree in cytotechnology from a program registered by the department or 21 determined by the department to be the substantial equivalent, or have 22 received a bachelor's degree that includes a minimum number of credit 23 hours in the sciences and received appropriate clinical education in an 24 accredited cytotechnology program or a program determined by the depart- 25 ment to be the substantial equivalent; 26 (b-1) Alternatives to education: in lieu of requirements specified in 27 paragraph (b) of this subdivision the department may accept: 28 (i) current cytotechnology certification by a national certification 29 organization acceptable to the department; or 30 (ii) cytotechnology licensure in a jurisdiction acceptable to the 31 department. 32 (c) Examination: pass an examination acceptable to the board and in 33 accordance with the commissioner's regulations; 34 (d) Age: be at least eighteen years of age; 35 (e) Character: be of good moral character as determined by the depart- 36 ment; and 37 (f) Fees: pay a fee of one hundred seventy-five dollars for an initial 38 license and a fee of one hundred seventy dollars for each triennial 39 registration period. 40 § 7. Subdivision 2 of section 8606 of the education law, as added by 41 chapter 755 of the laws of 2004, is amended to read as follows: 42 2. Education: have received an education, including an associate's 43 degree from an approved clinical laboratory technician program regis- 44 tered by the department or determined by the department to be the 45 substantial equivalent, or an associate's degree clinical laboratory 46 technician program accredited by a national accrediting organization 47 acceptable to the department, or an associate's degree program in a 48 natural science or a clinical laboratory science and coursework accepta- 49 ble to the department and a clinical laboratory technician program 50 accredited by a national accrediting organization acceptable to the 51 department; 52 § 8. Section 8606 of the education law is amending by adding a new 53 subdivision 2-a to read as follows: 54 2-a. Alternatives to education: in lieu of requirements specified in 55 subdivision two of this section the department may accept:A. 10162--A 5 1 (a) current clinical laboratory technician certification by a national 2 certification organization acceptable to the department; or 3 (b) clinical laboratory technician licensure in a jurisdiction accept- 4 able to the department. 5 § 9. Section 8606-a of the education law, as added by chapter 204 of 6 the laws of 2008, is amended to read as follows: 7 § 8606-a. Requirements for certification as a [histological techni-8cian] histotechnician. For certification as a [histological technician] 9 histotechnician under this article, an applicant shall fulfill the 10 following requirements: 11 1. Application: file an application with the department; 12 2. Education: have received an education, including an associate's 13 degree from an approved [histological technician] histotechnician 14 program registered by the department or determined by the department to 15 be the substantial equivalent, or have received an associate's degree 16 that includes a minimum number of credit hours in the sciences and 17 received appropriate clinical education in a [histological technician] 18 histotechnician program approved by the department or a program to be 19 determined by the department to be the substantial equivalent or a 20 histotechnician program accredited by a national accrediting organiza- 21 tion acceptable to the department; 22 2-a. Alternatives to education: in lieu of requirements specified in 23 subdivision two of this section the department may accept: 24 (a) current histotechnician certification by a national certification 25 organization acceptable to the department; or 26 (b) histotechnician licensure in a jurisdiction acceptable to the 27 department. 28 3. Examination: pass an examination satisfactory to the board and in 29 accordance with the commissioner's regulations; 30 4. Age: be at least eighteen years of age; 31 5. Character: be of good moral character as determined by the depart- 32 ment; and 33 6. Fees: pay a fee of one hundred twenty-five dollars for an initial 34 certification and a fee of one hundred twenty dollars for each triennial 35 registration period. 36 § 10. The education law is amended by adding a new section 8606-b to 37 read as follows: 38 § 8606-b. Requirements for licensure as a histotechnologist. For 39 certification as a histotechnologist under this article, an applicant 40 shall fulfill the following requirements: 41 1. Application: file an application with the department; 42 2. Education: have completed one of following requirements: 43 (a) a bachelor's degree program in histotechnology registered by the 44 department or determined by the department to be the substantial equiv- 45 alent, or a histotechnology program accredited by a national accrediting 46 organization acceptable to the department; or 47 (b) a bachelor's degree program in a natural science or a laboratory 48 science and a minimum number of credit hours acceptable to the depart- 49 ment, and appropriate clinical education in a histotechnologist program 50 accredited by a national accrediting organization acceptable to the 51 department or a program registered by the department or determined by 52 the department to be the substantial equivalent; or 53 (c) current histotechnologist certification by a national certif- 54 ication organization acceptable to the department; or 55 (d) histotechnologist licensure in a jurisdiction acceptable to the 56 department;A. 10162--A 6 1 3. Alternatives to education: in lieu of requirements specified in 2 subdivision two of this section the department may accept, a bachelor's 3 degree in a natural science or a clinical laboratory science and course- 4 work acceptable to the department and: 5 (a) two years' experience in a clinical laboratory while licensed as a 6 histotechnician in New York or another jurisdiction acceptable to the 7 department; or 8 (b) two years' experience in a clinical laboratory while certified as 9 a histotechnician by a national certification organization acceptable to 10 the department. 11 4. Examination: pass an examination satisfactory to the board and in 12 accordance with the commissioner's regulations; 13 5. Age: be at least eighteen years of age; 14 6. Character: be of good moral character as determined by the depart- 15 ment; and 16 7. Fees: pay a fee of one hundred seventy-five dollars for an initial 17 license and a fee of one hundred seventy dollars for each triennial 18 registration period. 19 § 11. Subdivision 1 and paragraphs (a) and (b) of subdivision 2 of 20 section 8608 of the education law, subdivision 1 as amended and para- 21 graphs (a) and (b) of subdivision 2 as added by chapter 147 of the laws 22 of 2018, are amended to read as follows: 23 1. Limited permit. On the recommendation of the board, the department 24 may issue a limited permit to practice as a clinical laboratory practi- 25 tioner to an applicant who has met all requirements for licensure as a 26 clinical laboratory technologist or cytotechnologist, histotechnologist, 27 or certification as a clinical laboratory technician or [histological28technician] histotechnician, except those relating to the examination 29 and provided that the individual is under the general supervision of the 30 director of a clinical laboratory, as determined by the department. This 31 limited permit shall be valid for a period of not more than [one year,32and may be renewed, at the discretion of the department, for one addi-33tional year] two years and shall not be renewable. 34 (a) On the recommendation of the board, the department may issue a 35 provisional permit to practice as a clinical laboratory practitioner to 36 an applicant who is employed in a clinical laboratory for the purpose of 37 enabling the applicant to complete the education requirements and/or to 38 pass the exam required for licensure as a clinical laboratory technolo- 39 gist or [histological technician] histotechnician and provided that the 40 individual is under the general supervision of the director of a clin- 41 ical laboratory, as determined by the department, and provided further 42 that the applicant meets the requirements outlined in paragraph (b) of 43 this subdivision. This provisional permit shall be valid for a period of 44 not more than [one year, and may be renewed, at the discretion of the45department, for one additional year] two years and shall not be renewa- 46 ble. 47 (b) To qualify for a provisional permit, the applicant shall: 48 (i) file [an] a provisional permit application with the department; 49 (ii) have at least one of the following enumerated qualifications: 50 (A) be licensed as a clinical laboratory technologist, or the equiv- 51 alent as determined by the department, in another jurisdiction or 52 possess a current certification in [a] clinical laboratory technology 53 from a national certification organization acceptable to the department; 54 or 55 (B) have received both an education, including a bachelor's degree in 56 the biological, chemical, or physical sciences, and training in a clin-A. 10162--A 7 1 ical laboratory, provided that such education and training are accepta- 2 ble to the department; or 3 (C) have received a bachelor's degree in the biological, chemical, or 4 physical sciences or in mathematics, and have served as a research 5 assistant in a research laboratory, under the direction of the director 6 or the principal researcher of such research laboratory, working on the 7 research and development of any procedures and examinations to be 8 conducted by a laboratory, as defined in title five of article five of 9 the public health law, on material derived from the human body which 10 provides information for the diagnosis, prevention or treatment of a 11 disease or assessment of a human medical condition; or 12 (D) for those seeking a provisional permit as a [histological techni-13cian] histotechnician, have received an education, including an associ- 14 ate's degree that includes a minimum number of credit hours in the 15 sciences, provided that such education is acceptable to the department; 16 (iii) be at least eighteen years of age; 17 (iv) be of good moral character as determined by the department; [and] 18 (v) pay a fee of [three hundred forty-five] fifty dollars for a provi- 19 sional permit [provided that the fee for a provisional permit as a20histological technician shall be two hundred forty-five dollars.]; 21 (vi) file a licensure application with the department; and 22 (vii) pay the licensure fee as outlined in section eighty-six hundred 23 six of this article. 24 § 12. Subdivision 1 of section 8609 of the education law, as amended 25 by chapter 204 of the laws of 2008, is amended to read as follows: 26 1. the practice, conduct, activities, or services by any person 27 licensed or otherwise authorized to practice medicine within the state 28 pursuant to article one hundred thirty-one-B of this title, or by any 29 person registered to perform services as a physician assistant or 30 specialist assistant within the state pursuant to article one hundred 31 thirty-one-B of this title, or by any person licensed to practice 32 dentistry within the state pursuant to article one hundred thirty-three 33 of this title, or by any person licensed to practice podiatry within the 34 state pursuant to article one hundred forty-one of this title, or by any 35 person certified as a nurse practitioner within the state pursuant to 36 article one hundred thirty-nine of this title, or by any person licensed 37 to perform services as a respiratory therapist or respiratory therapy 38 technician under article one hundred sixty-four of this title, or any 39 person licensed to practice midwifery within the state pursuant to arti- 40 cle one hundred forty of this title, or a person licensed to practice 41 nursing pursuant to article one hundred thirty-nine of this title, or a 42 person licensed to practice pursuant to article thirty-five of the 43 public health law; provided, however, that no such person shall use the 44 titles licensed clinical laboratory technologist, licensed cytotechnolo- 45 gist, licensed histotechnologist, [or] certified clinical laboratory 46 technician, or certified histotechnician, unless licensed or certified 47 under this article; or 48 § 13. This act shall take effect on the one hundred eightieth day 49 after it shall have become a law; provided however, that section ten of 50 this act shall take effect eighteen months after it shall have become a 51 law. Effective immediately, the state education department is author- 52 ized to promulgate regulations that may be required and to take other 53 measures necessary to implement this act prior to the aforementioned 54 effective dates, including acceptance and processing of applications for 55 licensing.