Bill Text: NY S07020 | 2021-2022 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-07-21 - SIGNED CHAP.446 [S07020 Detail]

Download: New_York-2021-S07020-Amended.html

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                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.