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THE
STATE EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
Full
Board
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FROM: |
Johanna
Duncan-Poitier |
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SUBJECT: |
Proposed Amendment to the Regulations
of the Commissioner of Education Relating to Licensure as a Clinical
Laboratory Technologist and as a Cytotechnologist and Certification as a
Clinical Laboratory Technician |
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DATE: |
July 20,
2006 |
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STRATEGIC
GOAL: |
Goal 2 and
3 |
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AUTHORIZATION(S): |
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SUMMARY
Issue
for Decision
Should the Regents amend the Regulations of the Commissioner of Education
to add new sections 52.36, 52.37, and 52.38, and new Subparts 79-13, 79-14, and
79-15, relating to licensure as a clinical laboratory technologist and as a
cytotechnologist and certification as a clinical laboratory
technician?
Reason(s)
for Consideration
Required by State
statute.
Proposed
Handling
The
proposed amendment is submitted for adoption as an emergency measure at the July
2006 Regents meeting. Confirmation
of the proposed amendment as a permanent rule is scheduled for the October 2006
Regents meeting.
Procedural
History
The proposed amendment was discussed at the meeting of the Higher
Education and Professional Practice Committee in June 2006. A Notice of Proposed Rule Making
concerning the proposed amendment was published in the State Register on May 24,
2006. Since the June meeting, the
proposed amendment has been revised, as discussed below. An Assessment of Public Comment is
attached. A Notice of Emergency
Adoption and Revised Rule Making will be published in the State Register on
August 16, 2006. Supporting
materials for the proposed amendment are available upon request from the
Secretary to the Board of Regents.
Background
Information
Chapter 755 of the Laws of 2004 added a new Article 165 to Education
Law. Article 165 provides for the
establishment of three new professions that are practice and title protected:
clinical laboratory technologist, cytotechnologist, and certified clinical
laboratory technician. The purpose
of the proposed regulation is to implement the provisions of Article 165 of the
Education Law by establishing requirements for licensure as a clinical
laboratory technologist or cytotechnologist and for certification as a clinical
laboratory technician, requirements for limited permits in these fields, and
standards for registered college preparation programs for these
professions.
The new licensure statute (Article 165 of the Education Law) was enacted
in January 2005 to ensure the quality of the analysis performed at clinical
laboratories by these professionals. These laboratories provide critical
information needed for the diagnosis and treatment of illness and disease,
ensure accurate blood and tissue typing and transfusion services, and provide
the core knowledge and skill needed to identify bioterrorism agents. As with all professions, licensure is
also intended to hold these practitioners accountable for the professional
services they provide. The
statutory licensure requirement is effective September 1, 2006. There are approximately 30,000 persons
who are employed in these three professional areas who will require
licensure. Most of these will be
able to be licensed through special "grandparenting" requirements authorized in
statute.
The new statute raises the minimum education requirement in all three
professions in
·
It eliminates a route for
persons with less than a baccalaureate in clinical laboratory technology to be
eligible for employment;
·
With respect to
cytotechnologists, it raises the existing employment requirement of an
associate’s degree to now require a bachelor’s degree for licensure; and
·
It requires that clinical
laboratory technicians must have an associate’s degree for licensure, whereas,
currently there is no mandate for a higher education
degree.
This
proposed regulation establishes specific education and examination requirements
that an applicant must meet for licensure or certification in these new
professions. It also establishes
content requirements for registered college preparation programs for the three
new professions.
As authorized by statute, the proposed regulation implements special
licensure and certification requirements for applicants who are already
practicing in these fields or who have related education and/or experience
(grandparenting applicants).
This will ease the transition to licensure or certification for these
individuals who have experience in these fields.
In developing the draft regulations, Department staff and the newly
formed State Board for Clinical Laboratory Technology have reviewed existing
state and national educational programs, licensure requirements in other
jurisdictions, and the current Federal and state Public Health Laws, among many
other sources, to determine the appropriate core content needed to meet
licensure standards with respect to education and the licensing examination for
each profession.
A number of comments were submitted about the draft regulations. While
several comments praised the draft, others criticized the licensure standards
recommended by the State Board for Clinical Laboratory Technology, as well as
expressed concern about a number of requirements mandated by the law which the
Department has no authority to change. For example, some feel that the
grandparenting provisions are too restrictive; some have complained about the
exclusion of physician-office laboratories from the requirements, and some have
said that continuing education should be required for these licensees, however,
these and other issues raised required legislative action and cannot be
addressed in the regulations.
One major issue raised was
the need to address the status of recent graduates of college programs and those
in the pipeline in college programs who will not meet the requirements of the
grandparenting provisions. In response to this concern, transitional
educational requirements have been included in these emergency regulations to
provide an opportunity for these individuals to meet the education requirement
for licensure and obtain a limited permit to practice until such time as they
have taken the required examination.
Specifically, under the revised requirements, applicants who apply for
licensure prior to September 1, 2011 will have to complete a registered or
accredited program that meets a general standard that is consistent with
national accreditation standards and the scope of practice for each
profession. The Department expects
that existing registered and accredited programs in these fields will meet these
requirements. Effective September
1, 2011, the newly established education requirements will be mandated. This transition period will allow
registered college preparation programs in these fields sufficient time to meet
the more rigorous requirements, and will not disadvantage new and recent
graduates.
The Department
also received additional feedback regarding the specific courses recommended for
licensure-qualifying higher education programs. The Department is continuing to
assess this feedback through ongoing conversations with relevant program staff
and other interested stakeholders. When the Department brings these regulations
back to the Board of Regents in October for confirmation, we will report how
those concerns have been addressed and recommend modifications if
appropriate.
The recommended action is
proposed as an emergency measure because such action is necessary to preserve
the general welfare to ensure that procedures and standards are in place to
license individuals by the effective date of the statutory licensure requirement
for clinical laboratory practitioners, thereby enabling such practitioners to be
licensed in a timely manner to meet the health care needs of residents of New
York State. A statement of the facts and
circumstances which necessitate emergency action is
attached.
Recommendation
I recommend that the Board of Regents take the following
action:
VOTED: That sections 52.36,
52.37, and 52.38, and Subparts 79-13, 79-14, and 79-15 of the Regulations of the
Commissioner of Education be added as submitted, effective August 1, 2006, as an
emergency action upon a finding by the Board of Regents that such action is
necessary for the preservation of the general welfare to ensure that procedures
and standards are in place to license individuals by the effective date of the
statutory licensure requirement for clinical laboratory practitioners, thereby
enabling such practitioners to be licensed in a timely manner to meet the health
care needs of residents of New York State.
Timetable
for Implementation
The emergency adoption will take effect on August 1, 2006.
Attachments
PROPOSED
PROMULGATION OF SECTIONS 52.36, 52.37, AND 52.38 AND SUBPARTS 79-13, 79-14, AND
79-15 OF THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION PURSUANT TO SECTIONS 207, 210, 212, 6501, 6504, 6507,
6508, 8605, 8606, 8607, AND 8608 OF THE EDUCATION LAW RELATING TO LICENSURE AS A
CLINICAL LABORATORY TECHNOLOGIST AND CYTOTECHNOLOGIST AND CERTIFICATION AS A
CLINICAL LABORATORY TECHNICIAN
STATEMENT
OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY
ACTION
Article 165 to the Education Law establishes three new licensed
professions in
Approximately 30,000 persons
are employed in these three professional areas and will require licensure or
submission of an application under the grandparenting
provisions by September 1, 2006 in order to continue to practice these
professions. The State
Education Department expects that most current practitioners will be licensed
under the grandparenting provisions. These clinical laboratory technology
practitioners are employed in the State's clinical laboratories to perform tests
needed for the diagnosis and treatment of illness and disease. They perform important functions that
protect the general welfare, health, and safety of residents of
The proposed regulation implements the requirements of Article 165 of the
Education Law by establishing education and examination standards for licensure
or certification, special requirements for licensure or certification for
applicants already practicing in these field or who have related education
and/or experience (grandparenting applicants), and
requirements for limited permits in the three professions. It also sets forth standards for
registered college preparation programs that lead to licensure or certification
in these fields, in accordance with statutory requirements. These requirements must be in place in
order for the State Education Department to license individuals to practice
these new professions.
The State Education Department originally planned to adopt these
regulations in July 2006, but in response to public comment, the Department
needed to make substantive changes to the regulation. These changes required a new public
comment period and will delay permanent adoption of the rule past September 1,
2006. An emergency action is
necessary to ensure that the requirements for licensure are in place on August
1, 2006, so that that applications may be submitted to
meet the September 1, 2006 deadline under the grandparenting provisions and to enable the State Education
Department to license individuals in a timely
manner.
The recommended action is proposed as an emergency measure because such
action is necessary to preserve the general welfare to ensure that procedures
and standards are in place to license individuals by the effective date of the
statutory licensure requirement for clinical laboratory practitioners, thereby
enabling such practitioners to be licensed in a timely manner to meet the health
care needs of residents of New York State.
It is anticipated that the proposed amendment will be presented to the
Board of Regents for adoption as a permanent rule at its October 2006 meeting.
AMENDMENT
TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 207, 210, 212, 6501, 6504, 6507, 6508, 8605, 8606,
8607, and 8608 of the Education Law.
1. Section 52.36 of the Regulations of the Commissioner of Education is
added, effective August 1, 2006, as follows:
52.36 Clinical laboratory technology.
In addition to meeting all applicable provisions of this Part, to be
registered as a program recognized as leading to licensure as a clinical
laboratory technologist, which meets the requirements of section 79-13.1 of this
Title, the program shall:
(a) be a program in clinical laboratory technology leading to a
baccalaureate or higher degree or advanced certificate which contains didactic
and clinical education that integrates pre-analytical, analytical, and
post-analytical components of laboratory services, including the principles and
practices of quality assurance/quality improvement, and which is designed and
conducted to prepare graduates to practice clinical laboratory technology using
independent judgment and responsibility;
(b) include courses, each of which shall
include a laboratory component, in each of the following subjects or their
equivalent as determined by the department:
(1) inorganic chemistry;
(2) organic
chemistry;
(3) analytic chemistry and/or
biochemistry;
(4) clinical
chemistry;
(5) anatomy and
physiology;
(6) immunology/serology;
(7) immunohematology (Blood
Bank);
(8) hematology/hemostasis, and body
fluids;
(9) molecular biology and
diagnostics;
(10) microbiology and clinical microbiology,
including bacteriology, mycology, parasitology, and
virology; and
(11) histological
techniques;
(c) include curricular content in each of the
following subjects or their equivalent, as determined by the department:
(1) statistics;
(2) infection control and universal
precautions;
(3) the maintenance of equipment and records;
and
(4) ethics;
and
(d) include a supervised clinical experience of at least 30 hours per
week for at least 24 weeks or its equivalent as determined by the department, in
the practice of clinical laboratory technology, which provides the student with
clinical experience that includes but is not limited to: hematology/hemostasis, clinical chemistry, immunohematology, urinalysis/body fluids, clinical
microbiology, and immunology.
2. Section 52.37 of the Regulations of the Commissioner of Education is
added, effective August 1, 2006, as follows:
52.37 Cytotechnology.
In addition to meeting all applicable provisions of this Part, to be
registered as a program recognized as leading to licensure as a cytotechnologist, which meets the requirements of section
79-14.1 of this Title, the program shall:
(a) be a program in cytotechnology leading
to a baccalaureate or higher degree or advanced certificate which contains
didactic and clinical education that integrates pre-analytical, analytical, and
post-analytical components of laboratory services, including the principles and
practices of quality assurance/quality improvement; and which is designed to
prepare graduates to practice cytotechnology using
independent judgment and responsibility;
(b) include courses, each of which shall
include a laboratory component, in each of the following subjects or their
equivalent as determined by the department:
(1) inorganic chemistry;
(2) organic
chemistry;
(3) anatomy and
physiology;
(4) cell
biology;
(5) human
genetics;
(6) immunology;
(7) clinical
microbiology;
(8) cytopathology, including but not limited
to, female genital tract, respiratory tract, gastro-intestinal and genitourinary
tracts, body fluids, evaluation of specimens from washes and brushes of all body
sites, and evaluation of specimens form fine needle aspiration biopsies of all
body sites;
(9) cytopreparatory
techniques, including but not limited to, preparation, staining and processing
of body samples; and
(10) microscopic evaluation and
interpretation of cytopathology of the sample types
and body systems identified in paragraph (8) of this subdivision;
(c) include curricular content in each of the
following subjects or their equivalent as determined by the department:
(1) mathematics and statistics;
(2) infection control and universal
precautions;
(3) the maintenance of equipment and records,
and
(4) ethics; and
(d) include a supervised clinical experience
of at least 30 hours per week for at least 10 weeks or its equivalent as
determined by the department, in the practice of cytotechnology.
3. Section 52.38 of the Regulations of the Commissioner of Education is
added, effective August 1, 2006, as follows:
52.38 Clinical laboratory technician.
In addition to meeting all applicable provisions of this Part, to be
registered as a program recognized as leading to certification as a clinical
laboratory technician, which meets the requirements of section 79-15.1 of this
Title, the program shall:
(a) be a clinical laboratory technician program leading to an
associate or higher degree which contains didactic and clinical education that
integrates pre-analytical, analytical, and post-analytical components of
laboratory services, including the principles and practices of quality
assurance/quality improvement;
(b) include courses, each of which shall
include a laboratory component, in each of the following subjects or their
equivalent as determined by the department:
(1) inorganic
chemistry;
(2) clinical
chemistry;
(3) anatomy and
physiology;
(4) microbiology, including clinical
microbiology;
(5) immunology and
serology;
(6) hematology;
(7) hemostasis;
(8) clinical microscopy, including body
fluids;
(9) histological techniques;
and
(10) immunohematology;
(c) include curricular content in each of the
following subjects or their equivalent as determined by the department:
(1) statistics,
(2) infection control and universal
precautions, and
(3) ethics;
and
(d) include a supervised clinical experience of at least 30 hours per
week for at least 10 weeks or its equivalent as determined by the department, in
the practice of clinical laboratory technician, which provides the student with
clinical experience that includes but is not limited to: hematology, hemostasis, immunohematology, immunology, clinical chemistry, urinalysis/body fluids, and clinical
microbiology.
4. Subpart 79-13 of the
Regulations of the Commissioner of Education is added, effective August 1, 2006,
as follows:
SUBPART
79-13
CLINICAL
LABORATORY TECHNOLOGIST
79-13.1 Professional study of clinical laboratory
technology.
(a) As used in this section, acceptable accrediting agency shall mean
an organization accepted by the department as a reliable authority for the
purpose of accrediting clinical laboratory technology programs on a national or
regional basis, as having reasonable accreditation standards, and as an
organization that applies its criteria for granting accreditation of programs in
a fair, consistent, and nondiscriminatory
manner.
(b) To meet the professional education requirement for admission to
the licensing examination for clinical laboratory technologists, the applicant
shall present satisfactory evidence of meeting the requirements of one of the
following paragraphs:
(1) holding a baccalaureate or higher degree awarded upon successful
completion of a baccalaureate or higher degree program in clinical laboratory
technology registered as leading to licensure as a clinical laboratory
technologist pursuant to section 52.36 of this Title; or
(2) holding a baccalaureate or higher degree awarded upon successful
completion of a baccalaureate or higher degree program in clinical laboratory
technology or a related title that is substantially equivalent to a program
registered as leading to licensure as a clinical laboratory technologist
pursuant to section 52.36 of this Title as determined by the department, which
program must be accredited by an acceptable accrediting agency or recognized by
the appropriate civil authorities of the jurisdiction in which the program is
offered as a program that prepares the applicant for professional practice as a
clinical laboratory technologist, and must be designed and conducted by the
degree-granting institution to prepare graduates to practice as clinical
laboratory technologist using independent judgment and responsibility;
or
(3) both:
(i) holding a baccalaureate or higher degree
awarded upon successful completion of a baccalaureate or higher degree program
in the major of biology, chemistry, or the physical sciences registered pursuant
to Part 52 of this Title or its substantial equivalent as determined by the
department; and
(ii) completing a credit bearing program in clinical laboratory
technology in addition to such baccalaureate or higher degree study that is
registered as leading to licensure as a clinical laboratory technologist
pursuant to section 52.36 of this Title or substantially equivalent to such a
registered program as determined by the department. Such equivalent program must be
accredited by an acceptable accrediting agency or recognized by the appropriate
civil authorities of the jurisdiction in which the program is offered as a
program that prepares the applicant for professional practice as a clinical
laboratory technologist, and must be designed and conducted by the
degree-granting institution to prepare graduates to practice as a clinical
laboratory technologist using independent judgment and responsibility;
or
(4) applicants who apply for licensure prior
to September 1, 2011 may
alternatively meet the following requirement: holding a baccalaureate or higher
degree awarded upon successful completion of a baccalaureate or higher degree
program in clinical laboratory technology or a related title which:
(i) prepares graduates for
employment as a clinical laboratory technologist, as defined in Education Law
section 8601(2)(a),
(ii)
contains didactic and clinical education that integrates pre-analytical,
analytical, and post-analytical components of laboratory services, including the
principles and practices of quality assurance/quality improvement, and which is
designed and conducted to prepare graduates to practice clinical laboratory
technology using independent judgment and responsibility,
and
(iii)
is registered by the department for general educational purposes but need not be
specifically registered for licensure purposes, or is accredited by an
acceptable accrediting agency, or is recognized by appropriate civil authorities
of the jurisdiction in which the program is offered as a program that prepares
the applicant for professional practice as a clinical laboratory technologist;
or
(5)
applicants who apply for licensure prior to September
1, 2011 may alternatively meet the requirement by
both:
(i) holding a baccalaureate or higher degree
awarded upon successful completion of a baccalaureate or higher degree program
in the major of biology, chemistry, or the physical sciences registered pursuant
to Part 52 of this Title or its substantial equivalent as determined by the
department, and
(ii)
completing a program which:
(a) prepares
graduates for employment as a clinical laboratory technologist, as defined in
Education Law section 8601(2)(a),
(b)
contains didactic and clinical education that integrates pre-analytical,
analytical, and post-analytical components of laboratory services, including the
principles and practices of quality assurance/quality improvement, and which is
designed and conducted to prepare graduates to practice clinical laboratory
technology using independent judgment and responsibility,
and
(c) is registered by the department for
general educational purposes but need not be specifically registered for
licensure purposes, or is accredited by an acceptable accrediting agency, or is
recognized by the appropriate civil authorities of the jurisdiction in which the
program is offered as a program that prepares the applicant for professional
practice as a clinical laboratory technologist.
(c) To meet the professional education requirement for admission to
the licensing examination for clinical laboratory technologists, the applicant
must also certify to the department that he or she has reviewed the rules and
regulations of the New York State Department of Health and the U.S. Department
of Health and Human Services, relating to practice as a clinical laboratory
technologist in New York State, in accordance with written guidance from the
department.
79-13.2 Licensing
examination.
(a) Content. To meet the
examination requirement for licensure as a clinical laboratory technologist, the
candidate shall pass a general examination for clinical laboratory technologists
that is determined by the department to measure the applicant's knowledge,
judgment, and skills concerning practice as a clinical laboratory technologist,
as defined in section 8601(2)(a) of the Education Law, and to be offered by an
organization that has satisfactory administrative and psychometric procedures in
place to offer the examination.
(b) Passing score. The
department shall accept scores on the examination satisfactory to the State
Board for Clinical Laboratory Technology, as meeting the requirement for passing
the licensing examination. The applicant shall pass the examination with a
converted score of at least 75, as determined by the State Board for Clinical
Laboratory Technology.
79-13.3 Limited
permits.
(a) As authorized by section 8608 of the Education Law, upon
recommendation of the State Board for Clinical Laboratory Technology, the
department may issue a limited permit to practice as a clinical laboratory
technologist to an applicant for licensure who meets the requirements of this
section.
(b) The applicant for a limited permit to practice as a clinical
laboratory technologist shall:
(1) file an application for a limited permit with the department and
pay the initial licensure and registration fee, as prescribed in section 8605(1)
of the Education Law, and a limited permit fee of fifty
dollars;
(2) have met all requirements for licensure
as a clinical laboratory technologist, except the examination
requirement;
(3) submit adequate documentation that the
applicant will be under the general supervision of the director of a clinical
laboratory, as defined in section 571 of the Public Health Law, in accordance
with the requirements of this paragraph.
(i) Such documentation shall identify the
director of the clinical laboratory who has responsibility for providing general
supervision of the applicant's work while under the limited permit, and include
a signed statement by the director of the clinical laboratory certifying that he
or she will provide general supervision of the applicant's experience. If a director cannot carry out his or
her duties, or is replaced by a new or interim director, the limited permit
holder shall submit to the department on a form prescribed by the department the
name of the new director who has assumed supervisory responsibility of the
permit holder.
(ii) For purposes of this
section, under the general supervision of the director of a clinical laboratory
shall mean that the permit holder shall be supervised by a director of a
clinical laboratory who shall:
(a) serve the laboratory full-time, or on a
regular part-time basis;
(b) ensure the supervision of the technical
performance of the permit holder, and be readily available for consultation with
the permit holder, as needed; and
(c) be responsible for the performance and findings of all tests
carried out by the limited permit holder, either by directly overseeing such
testing, or by delegating this responsibility to authorized qualified
supervisors who are on site within the
laboratory.
(c) The limited permit
issued pursuant to this section shall be valid for a period of not more than one
year from the date of issuance.
Such limited permit may be renewed at the discretion of the department
for one additional one-year period, provided that the applicant documents good
cause, such as, a specific physical or mental disability certified by an
appropriate health care professional or other good cause which in the judgment
of the department made it impossible for the applicant to complete requirements
for licensure as a clinical laboratory technologist while under the original
limited permit.
79-13.4 Special
provisions.
(a) In accordance with section 8607(1)(a) of
the Education Law, an applicant may be licensed by the department as a clinical
laboratory technologist by meeting the requirements of this subdivision. The applicant must apply for licensure
under this section by September 1, 2007, and meet the requirements for licensure
under this section by September 1, 2008, unless the particular requirement
prescribes an earlier date for completion, in which case the requirement must be
completed by that earlier date.
(b) The applicant shall:
(1) file the application for licensure with the department and pay the
fee for the initial license and the fee for the first registration period, as
prescribed in section 8605(1) of the Education Law, all by September 1,
2007;
(2) be of good moral character as determined
by the department;
(3) be at least 18 years of age; and
(4) meet one of the following
requirements:
(i) the applicant shall meet the professional
education requirement for licensure, as prescribed in section 79-13.1 of this
Subpart by September 1, 2008, and shall have successfully performed the duties
of a clinical laboratory technologist for two years, meaning 2,880 clock hours,
over the five years immediately preceding September 1, 2006;
or
(ii) the applicant shall have successfully completed by September 1,
2008 a baccalaureate or higher degree program in the major of biology,
chemistry, or the physical sciences offered by an institution that is accredited
by an acceptable accrediting agency, meaning an organization accepted by the
department as a reliable authority for the purpose of accreditation at the
postsecondary level, applying its criteria for granting accreditation in a fair,
consistent and nondiscriminatory manner, such as an agency recognized for these
purposes by the U.S. Department of Education or that is recognized by the
appropriate civil authorities of the jurisdiction in which the program is
offered as an institution authorized to offer postsecondary degree study, and shall have successfully performed
the duties of a clinical laboratory technologist for two years, meaning 2,880
clock hours, over the five years
immediately preceding September 1, 2006; or
(iii) the applicant has been engaged full-time as a faculty member or
managing administrator involved directly in the development or planning of
curricula or the provision of instruction for education programs in clinical
laboratory technology for clinical laboratory practitioners, at an organized
entity that provides postsecondary education, for the equivalent of two years,
meaning 2,700 clock hours, over the five years immediately preceding September
1, 2006; or
(iv) the applicant shall have successfully performed the duties of a
clinical laboratory technologists for five years, meaning 7,200 clock hours, prior to September 1, 2006, as
verified in writing by the director of the clinical laboratory, as defined in
section 571 of the Public Health Law ; or
(v) the applicant, at the time of application, shall have been
previously qualified for a license or its equivalent to practice as a clinical
laboratory technologist in New York State through other regulatory requirements
of a governmental unit of New York State authorized by law to qualify
individuals for such licensure or its equivalent;
or
(vi) the applicant, at the time of application, shall be currently
certified as a clinical laboratory technician, and by September 1, 2008 shall
hold a baccalaureate or higher degree based upon successful completion
of a baccalaureate or higher degree program in the major of biology, chemistry,
or the physical sciences offered by an institution that is accredited by an
acceptable accrediting agency, meaning an organization accepted by the
department as a reliable authority for the purpose of accreditation at the
postsecondary level, applying its criteria for granting accreditation in a fair,
consistent and nondiscriminatory manner, such as an agency recognized for these
purposes by the U.S. Department of Education or that is recognized by the
appropriate civil authorities of the jurisdiction in which the program is
offered as an institution authorized to offer postsecondary degree study, and by
September 1, 2008 shall have successfully performed the duties of a clinical
laboratory technician for four years, meaning 5,760 clock hours.
(c) In accordance with subdivision (2) of section 8607 of the
Education Law, an individual who on or before September 1, 2007 files with the
department an application for licensure as a clinical laboratory technologist
under this section and certifies to a good faith belief that he or she has or
will have met the requirements for licensure under this section by the
prescribed completion dates which shall in no case be later than September 1,
2008, shall be deemed qualified to practice as a clinical laboratory
technologist from the date of filing the application with the department until
such time as the department has acted upon such application.
5. Subpart 79-14 of the
Regulations of the Commissioner of Education is added, effective August 1, 2006,
as follows:
SUBPART
79-14
CYTOTECHNOLOGIST
79-14.1 Professional study of cytotechnology.
(a) As used in this section, acceptable accrediting agency shall mean
an organization accepted by the department as a reliable authority for the
purpose of accrediting cytotechnology programs on a
national or regional basis, as having reasonable accreditation standards, and as
an organization that applies its criteria for granting accreditation of programs
in a fair, consistent, and nondiscriminatory
manner.
(b) To meet the professional education requirement for admission to
the licensing examination for cytotechnologists, the
applicant shall present satisfactory evidence of meeting the requirements of one
of the following paragraphs:
(1) holding a baccalaureate or higher degree awarded upon successful
completion of a baccalaureate or higher degree program in cytotechnology registered as leading to licensure as a cytotechnologist pursuant to section 52.37 of this Title; or
(2) holding a baccalaureate or higher degree awarded upon successful
completion of a baccalaureate or higher degree program in cytotechnology or a related title that is substantially
equivalent to a program registered as leading to licensure as a cytotechnologist pursuant to section 52.37 of this Title as
determined by the department, which program must be accredited by an acceptable
accrediting agency or recognized by the appropriate civil authorities of the
jurisdiction in which the program is offered as a program that prepares the
applicant for professional practice as a cytotechnologist, and must be designed and conducted by the
degree-granting institution to prepare graduates to practice as a cytotechnologist using independent judgment and
responsibility; or
(3) both:
(i) holding a baccalaureate or higher degree
awarded upon successful completion of a baccalaureate degree program in the
major of biology, chemistry or the physical sciences registered pursuant to Part
52 of this Title or its substantial equivalent as determined by the department;
and
(ii) completing a credit bearing program in
cytotechnology in addition to such baccalaureate or
higher degree study that is registered as leading to licensure in cytotechnology pursuant to section 52.37 of this Title or
substantially equivalent to such a registered program as determined by the
department. Such equivalent program
must be accredited by an acceptable accrediting agency or recognized by the
appropriate civil authorities of the jurisdiction in which the program is
offered as a program that prepares the applicant for professional practice as a
cytotechnologist, and must be designed and conducted
by the degree-granting institution to prepare graduates to practice as a cytotechnologist using independent judgment and
responsibility; or
(4) applicants who
apply for licensure prior to September 1, 2011 may alternatively meet the
following requirement: holding a baccalaureate or higher degree awarded upon
successful completion of a baccalaureate or higher degree program in cytotechnology or a related title which:
(i) prepares graduates for
employment as a cytotechnologist, as defined in
Education Law section 8601(2)(b),
(ii)
contains didactic and clinical education that integrates pre-analytical,
analytical, and post-analytical components of laboratory services, including the
principles and practices of quality assurance/quality improvement, and which is
designed and conducted to prepare graduates to practice cytotechnology using independent judgment and
responsibility, and
(iii)
is registered by the department for general educational purposes but need not be
specifically registered for licensure purposes, or is accredited by an
acceptable accrediting agency, or is recognized by appropriate civil authorities
of the jurisdiction in which the program is offered as a program that prepares
the applicant for professional practice as a cytotechnologist; or
(5)
applicants who apply for licensure prior to September
1, 2011 may alternatively meet the requirement by
both:
(i) holding a baccalaureate or higher degree
awarded upon successful completion of a baccalaureate or higher degree program
in the major of biology, chemistry, or the physical sciences registered pursuant
to Part 52 of this Title or its substantial equivalent as determined by the
department, and
(ii)
completing a program which:
(a) prepares
graduates for employment as a cytotechnologist, as
defined in Education Law section 8601(2)(b),
(b)
contains didactic and clinical education that integrates pre-analytical,
analytical, and post-analytical components of laboratory services, including the
principles and practices of quality assurance/quality improvement, and which is
designed and conducted to prepare graduates to practice cytotechnology using independent judgment and
responsibility, and
(c) is registered by the department for
general educational purposes but need not be specifically registered for
licensure purposes, or is accredited by an acceptable accrediting agency, or is
recognized by the appropriate civil authorities of the jurisdiction in which the
program is offered as a program that prepares the applicant for professional
practice as a cytotechnologist.
(c) To meet the professional education requirement for admission to
the licensing examination for cytotechnologists, the
applicant must also certify to the department that he or she has reviewed the
rules and regulations of the New York State Department of Health and the U.S.
Department of Health and Human Services, relating to practice as a cytotechnologist in New York State, in accordance with
written guidance from the department.
79-14.2 Licensing
examination.
(a) Content. To meet the
examination requirement for licensure as a cytotechnologist, the candidate shall pass a general
examination for cytotechnologists that is determined
by the department to measure the applicant's knowledge, judgment, and skills
concerning practice as a cytotechnologist, as defined
in section 8601(2)(b) of the Education Law, and to be
offered by an organization that has satisfactory administrative and psychometric
procedures in place to offer the examination.
(b) Passing score. The
department shall accept scores on the examination satisfactory to the State
Board for Clinical Laboratory Technology, as meeting the requirement for passing
the licensing examination. The applicant shall pass the examination with a
converted score of at least 75, as determined by the State Board for Clinical
Laboratory Technology.
79-14.3 Limited
permits.
(a) As authorized by section 8608 of the Education Law, upon
recommendation of the State Board for Clinical Laboratory Technology, the
department may issue a limited permit to practice as a cytotechnologist to an applicant for licensure who meets the
requirements of this section.
(b) The applicant for a limited permit to practice as a cytotechnologist shall:
(1) file an application for a limited permit with the department and
pay the initial licensure and registration fee, as prescribed in section 8605(2)
of the Education Law, and a limited permit fee of fifty
dollars;
(2) have met all requirements for licensure
as a cytotechnologist, except the examination
requirement; and
(3) submit adequate documentation that the
applicant will be under the general supervision of the director of a clinical
laboratory, as defined in section 571 of the Public Health Law, in accordance
with the requirements of this paragraph.
(i) Such documentation shall identify the
director of the clinical laboratory who has responsibility for providing general
supervision of the applicant's work while under the limited permit, and include
a signed statement by the director of the clinical laboratory certifying that he
or she will provide general supervision of the applicant's experience. If a director cannot carry out his or
her duties, or is replaced by a new or interim director, the limited permit
holder shall submit to the department on a form prescribed by the department the
name of the new director who has assumed supervisory responsibility of the
permit holder.
(ii) For purposes of this
section, under the general supervision of the director of a clinical laboratory
shall mean that the permit holder shall be supervised by a director of a
clinical laboratory who shall:
(a) serve the laboratory full-time, or on a
regular part-time basis;
(b) ensure the supervision of the technical
performance of the permit holder, and be readily available for consultation with
the permit holder, as needed; and
(c) be responsible for the performance and findings of all tests
carried out by the limited permit holder, either by directly overseeing such
testing, or by delegating this responsibility to authorized qualified
supervisors who are on site within the
laboratory.
(c) The limited permit
issued pursuant to this section shall be valid for a period of not more than one
year from the date of issuance.
Such limited permit may be renewed at the discretion of the department
for one additional one-year period, provided that the applicant documents good
cause, such as, a specific physical or mental disability certified by an
appropriate health care professional or other good cause which in the judgment
of the department made it impossible for the applicant to complete requirements
for licensure as a cytotechnologist while under the
original limited permit.
79-14.4 Special
provisions.
(a) In accordance with section 8607(1)(c) of
the Education Law, an applicant may be licensed by the department as a cytotechnologist through meeting the requirements of this
subdivision. The applicant must
apply for licensure under this section by September 1, 2007, and meet the
requirements for licensure under this section by September 1, 2008, unless the
particular requirement prescribes an earlier date for completion, in which case
the requirement must be completed by that earlier date.
(b) The applicant shall:
(1) file the application for licensure with the department and pay the
fee for the initial license and the fee for the first registration period, as
prescribed in section 8605(2) of the Education Law, all by September 1,
2007;
(2) be of good moral character as determined
by the department;
(3) be at least 18 years of age; and
(4) meet one of the following
requirements:
(i)
the applicant shall meet the professional education requirement for
licensure, as prescribed in section 79-14.1 of this Subpart by September 1,
2008, and shall have successfully performed the duties of a cytotechnologist for two years, meaning 2,880 clock hours,
over the five years immediately preceding September 1, 2006;
or
(ii) the applicant, at the time of application, shall have previously
been qualified for a license or its equivalent to practice as a cytotechnologist
in New York State through other regulatory requirements of a governmental
unit of New York State authorized by law to qualify individuals for such
licensure or its equivalent.
(c) In accordance with subdivision (2) of section 8607 of the
Education Law, an individual who on or before September 1, 2007 files with the
department an application for licensure as a cytotechnologist under this section and certifies to a good
faith belief that he or she has or will have met the requirements for licensure
under this section by the prescribed completion dates which shall in no case be
later than September 1, 2008, shall be deemed qualified to practice as a cytotechnologist from the date of filing the application
with the department until such time as the department has acted upon such
application.
6. Subpart 79-15 of the
Regulations of the Commissioner of Education is added, effective August 1, 2006,
as follows:
SUBPART
79-15
CLINICAL
LABORATORY TECHNICIAN
79-15.1 Professional study of clinical laboratory
technician.
(a) As used in this section, acceptable accrediting agency shall mean
an organization accepted by the department as a reliable authority for the
purpose of accrediting clinical laboratory technician programs on a national or
regional basis, as having reasonable accreditation standards, and as an
organization that applies its criteria for granting accreditation of programs in
a fair, consistent, and nondiscriminatory
manner.
(b) To meet the professional education requirement for admission to
the examination for professional certification for clinical laboratory
technicians, the applicant shall present satisfactory evidence of meeting the
requirements of one of the following
paragraphs:
(1) holding an associate or higher degree awarded upon successful
completion of an associate or higher degree program in clinical laboratory
technician registered as leading to certification as a clinical laboratory
technician pursuant to section 52.38 of this Title; or
(2) holding an associate or higher degree awarded upon successful
completion of an associate or higher degree program in clinical laboratory
technician or a related title that is substantially equivalent to a program
registered as leading to certification as a clinical laboratory technician
pursuant to section 52.38 of this Title as determined by the department, which
program must be accredited by an acceptable accrediting agency or recognized by
the appropriate civil authorities of the jurisdiction in which the program is
offered as a program that prepares the applicant for professional practice as a
clinical laboratory technician; or
(3) applicants who apply for licensure prior
to September 1, 2011 may
alternatively meet the following requirement: holding an associate or higher
degree awarded upon successful completion of an associate or higher degree
program in clinical laboratory technician or a related title which:
(i) prepares graduates for
employment as a clinical laboratory technician, as defined in Education Law
section 8601(2)(c),
(ii)
contains didactic and clinical education that integrates pre-analytical,
analytical, and post-analytical components of laboratory services, including the
principles and practices of quality assurance/quality improvement, and which is
designed and conducted to prepare graduates to practice as clinical laboratory
technicians under the supervision of a clinical laboratory technologist,
laboratory supervisor, or director of a clinical laboratory, and
(iii)
is registered by the department for general educational purposes but need not be
specifically registered for licensure purposes, or is accredited by an
acceptable accrediting agency, or is recognized by appropriate civil authorities
of the jurisdiction in which the program is offered as a program that prepares
the applicant for professional practice as a clinical laboratory
technician.
(c) To meet the professional education requirement for admission to
the examination for professional certification as a clinical laboratory
technician, the applicant must also certify to the department that he or she has
reviewed the rules and regulations of the New York State Department of Health
and the U.S. Department of Health and Human Services, relating to practice as a
clinical laboratory technician in New York State, in accordance with written
guidance from the department.
79-15.2 Licensing
examination.
(a) Content. To meet the
examination requirement for professional certification as a clinical laboratory
technician, the candidate shall pass a general examination for clinical
laboratory technicians that is determined by the department to measure the
applicant's knowledge, judgment, and skills concerning practice as a clinical
laboratory technician, as defined in section 8601(2)(c) of the Education Law,
and to be offered by an organization that has satisfactory administrative and
psychometric procedures in place to offer the examination.
(b) Passing score. The
department shall accept scores on the examination satisfactory to the State
Board for Clinical Laboratory Technology, as meeting the requirement for passing
the licensing examination. The applicant shall pass the examination with a
converted score of at least 75, as determined by the State Board for Clinical
Laboratory Technology.
79-15.3 Limited
permits.
(a) As authorized by section 8608 of the Education Law, upon
recommendation of the State Board for Clinical Laboratory Technology, the
department may issue a limited permit to practice as a clinical laboratory
technician to an applicant for certification who meets the requirements of this
section.
(b) The applicant for a limited permit to practice as a clinical
laboratory technician shall:
(1) file an application for a limited permit with the department and
pay the initial certification and registration fee, as prescribed in section
8606 of the Education Law, and a limited permit fee of fifty
dollars;
(2) have met all requirements for
certification as a clinical laboratory technician, except the examination
requirement;
(3) submit adequate documentation that the
applicant will be under the general supervision of the director of a clinical
laboratory, as defined in section 571 of the Public Health Law, in accordance
with the requirements of this paragraph.
(i) Such documentation shall identify the
director of the clinical laboratory who has responsibility for providing general
supervision of the applicant's work while under the limited permit, and include
a signed statement by the director of the clinical laboratory certifying that he
or she will provide general supervision of the applicant's experience. If a director cannot carry out his or
her duties, or is replaced by a new or interim director, the limited permit
holder shall submit to the department on a form prescribed by the department the
name of the new director who has assumed supervisory responsibility of the
permit holder.
(ii) For purposes of this
section, under the general supervision of the director of a clinical laboratory
shall mean that the permit holder shall be supervised by a director of a
clinical laboratory who shall:
(a) serve the laboratory full-time, or on a
regular part-time basis;
(b) ensure the supervision of the technical
performance of the permit holder, and be readily available for consultation with
the permit holder, as needed; and
(c) be responsible for the performance and findings of all tests
carried out by the limited permit holder, either by directly overseeing such
testing, or by delegating this responsibility to authorized qualified
supervisors who are on site within the
laboratory.
(c) The limited permit
issued pursuant to this section shall be valid for a period of not more than one
year from the date of issuance.
Such limited permit may be renewed at the discretion of the department
for one additional one-year period, provided that the applicant documents good
cause, such as, a specific physical or mental disability certified by an
appropriate health care professional or other good cause which in the judgment
of the department made it impossible for the applicant to complete requirements
for certification as a clinical laboratory technician while under the original
limited permit.
79-15.4 Special
provisions.
(a) In accordance with section 8607(1)(b) of
the Education Law, an applicant may be certified by the department as a clinical
laboratory technician through meeting the requirements of this subdivision. The applicant must apply for
certification under this section by September 1, 2007, and meet the requirements
for certification under this section by September 1, 2008, unless the particular
requirement in this section prescribes an earlier date, in which case the
earlier date must be met.
(b) The applicant shall:
(1) file the application for certification with the department and pay
the fee for the initial certification and the fee for the first registration
period, as prescribed in section 8606 of the Education Law, all by September 1,
2007;
(2) be of good moral character as determined
by the department;
(3) be at least 18 years of age; and
(4) meet one of the following
requirements:
(i)
the applicant shall meet the professional education requirement for
certification, as prescribed in section 79-15.1 of this Subpart by September 1,
2008, and shall have successfully performed the duties of a clinical laboratory
technician for two years, meaning 2,880 clock hours, over the five years
immediately preceding September 1, 2006; or
(ii) the applicant shall have successfully performed the duties of a
clinical laboratory technician for five years, meaning 7,200 clock hours, prior to September 1, 2006, as
verified in writing by the director of a clinical laboratory, as defined in
section 571 of the Public Health Law; or
(iii) the applicant, at the time of application, shall have previously
been qualified for a certification or its equivalent to practice as a clinical
laboratory technician in New York State through other regulatory requirements of
a governmental unit of New York State authorized by law to qualify individuals
for such certification or its equivalent.
(c) In accordance with subdivision (2) of section 8607 of the
Education Law, an individual who on or before September 1, 2007 files with the
department an application for certification as a clinical laboratory technician
under this section and certifies to a good faith belief that he or she has or
will have met the requirements for certification under this section by the
prescribed completion dates which shall in no case be later than September 1,
2008, shall be deemed qualified to practice as a clinical laboratory technician
from the date of filing the application with the department until such time as
the department has acted upon such application.
PROPOSED PROMULGATION OF
SECTIONS 52.36, 52.37, AND 52.38 AND SUBPARTS 79-13, 79-14, AND 79-15 OF THE REGULATIONS OF THE COMMISSIONER
OF EDUCATION PURSUANT TO SECTIONS 207, 210, 212, 6501, 6504, 6507, 6508, 8605,
8606, 8607, AND 8608 OF THE EDUCATION LAW RELATING TO LICENSURE AS A CLINICAL
LABORATORY TECHNOLOGIST AND AS A CYTOTECHNOLOGIST AND CERTIFICATION AS A
CLINICAL LABORATORY TECHNICIAN
ASSESSMENT OF PUBLIC
COMMENT
The proposed
regulation was published in the State Register on May 24, 2006. Below is a summary of comments received
by the State Education Department and the Department’s response.
COMMENT: The
regulation will exacerbate staff shortages in clinical
laboratories.
RESPONSE:
The regulation implements statutory
requirements mandating licensure in these new professions. To ease the transition to licensure, the
regulation includes "grandparenting" provisions, as
prescribed in Education Law section 8607.
In response to public comment, the regulation has been substantially
revised to establish education standards for licensure for applicants who apply
prior to September 1, 2011, permitting the graduates of most existing programs
to meet the education requirement and thereby easing the transition for recent
and new graduates.
COMMENT: The regulation should clarify that the
requirements do not apply to personnel employed at out-of-state
laboratories.
COMMENT: The
regulation should clarify that the requirements cover the licensure of personnel
employed at out-of-state laboratories, including those that are regulated by the
New York State Department of Health.
RESPONSE: Based upon a review of the legislative
history of Chapter 755 of the Laws of 2004, and the language of the statute, the
intent of Article 165 of the Education Law is to require licensure for
individuals practicing the new professions in
COMMENT:
Article 165 of the Education Law does not clearly define the scope of practice
for these three new professions (e.g., waived testing that may be performed by
unlicensed individuals). The State Education should clarify scope of practice
issues.
RESPONSE: The scope of practice for these new
professions is prescribed in the Education Law. The Department plans to address
scope of practice issues in Practice Alerts and guidelines.
COMMENT: The regulation should permit categorical
licensure in specialized areas with limited scopes of
practice.
RESPONSE: Education law section 8605 provides for
a single generic license in each profession. The statute does not permit the
Department to issue specialized licenses in these
fields.
COMMENT: The
regulation should permit an applicant to meet the education requirement for
licensure by completing a program that is accredited by national accrediting
agencies, rather than a registered program or its equivalent.
RESPONSE:
Education Law sections 8605 and 8606 require the State Education Department to
establish education requirements for licensure, including requirements for
registered programs leading to licensure in these fields. The regulations are tailored to
prescribe course requirements for the licensure-qualifying registered programs,
based upon the scope of practice of these professions in
COMMENT: A phase-in period should be established
to allow programs to meet the new requirements.
RESPONSE: As a result of public comment, the
regulation has been substantially revised to establish education standards for
licensure for applicants who apply prior to September 1, 2011. After this date, the requirements
will be increased. This will allow registered college programs and applicants
for licensure sufficient time to meet more rigorous
requirements.
COMMENT: The
regulations should permit applicants for licensure to satisfy clinical training
requirements at accredited laboratory training programs, rather than
degree-granting institutions.
RESPONSE: In response to public comment, the
regulation has been revised to permit individuals who apply for licensure in
clinical laboratory technology and cytotechnolgy prior
to September 1, 2011 to obtain clinical training at non-credit bearing
facilities that are accredited.
This will enable such clinical facilities sufficient time to affiliate
with credit-bearing institutions.
COMMENT: The
regulation requires licensure-qualifying programs to provide generalist
training, rather than specialist training, detrimentally affecting laboratory
testing in the State.
RESPONSE:
Article 165 of the Education Law established a general scope of practice for
each profession. Consequently, the
education preparation for licensure must be general in
scope.
COMMENT:
RESPONSE: The
statutory requirements require the applicant to complete degree requirements and
college programs registered by the Department or equivalent programs offered in
other jurisdictions. These
statutory requirements for licensure do not recognize on-the-job or military
training. However, such individuals
may qualify for licensure under the '"grandparenting"
provisions, based upon experience in the field.
COMMENT: Requirements for registered programs
leading to licensure in clinical laboratory technology and clinical laboratory
technician should not include histology because accreditation standards do not
require this coursework.
RESPONSE: Education Law section 8601(1)
establishes the definition of clinical laboratory technology, which includes
"histological procedures and examinations." Therefore, training in this
subject is necessary to prepare applicants for permitted
practice.
COMMENT: The
requirements for registered programs leading to licensure in clinical laboratory
technology and clinical laboratory technician are too prescriptive because they
list specific courses.
RESPONSE: The requirements for registered programs
were carefully designed to provide the necessary competencies to practice these
professions.
COMMENT: Cell
biology, human genetics, hematology, and mathematics should be required in the
curricula of clinical laboratory technology and cytotechnology programs. Histological techniques should be
required in cytotechnology programs. Cytopreparatory
techniques and biochemistry should be required in clinical laboratory technician
programs.
RESPONSE: The requirements for the three
licensure-qualifying programs were developed through careful analysis of the
scope of practice of these professions, existing programs, national
accreditation standards, and expert advice. These requirements do not preclude
registered programs from adding requirements, including those suggested.
COMMENT: The
curricula for medical technology programs are already filled to capacity.
RESPONSE: The requirements for the registered
programs were developed after extensive study of existing
COMMENT: Requiring a laboratory component for courses in registered
programs leading to licensure is inflexible.
RESPONSE: The
registered programs require that a portion of the class time for prescribed
courses be devoted to laboratory work.
This is an appropriate requirement considering the
field.
COMMENT:
Requirements for clinical laboratory technology programs should not include
separate courses in anatomy and physiology. Two additional courses cannot be
accommodated within four years.
RESPONSE: The
requirement only prescribes one course that includes the subjects of anatomy and
physiology.
COMMENT:
The curriculum for registered
clinical laboratory technology programs should permit clinical experience at the
academic institution, as well as outside the
institution.
RESPONSE: The
requirements do not prohibit clinical experience to be obtained at the academic
institution.
COMMENT:
Department of Health regulations for a certificate of qualification for a
director of clinical laboratories do not require applicants to have a four-year
medical technology degree. Typically, they have a doctoral degree and on-the-job
training as a technologist. The
licensure requirement would make this on-the-job training
illegal.
RESPONSE:
Article 165 of the Education Law establishes licensure requirements for the
clinical laboratory technology professions. The statute makes no exception for
unlicensed individuals to receive on-the-job training to qualify as a
director.
COMMENT: The "grandparenting" provisions should establish special
requirements for recent or new graduates.
RESPONSE: The "grandparenting" provisions are mandated in statute
(Education Law section 8607), and do not provide special requirements for recent
or new graduates. However, as a
result of public comment, the regulations have been revised to ease the
transition for these graduates by changing the education requirement for
applicants who apply for licensure prior to September 1, 2011. The Department expects that
graduates of most existing programs in these fields will meet the education
requirement for licensure.
COMMENT: The
"grandparenting" provision that permits an applicant
to be licensed as a clinical laboratory technologist if he or she was
"previously qualified under other regulatory requirements for that license or
its equivalent," should be interpreted broadly.
RESPONSE: The Department will interpret this
provisions in a reasonable fashion based upon the plain meaning of the statutory
language.
COMMENT: The "grandparenting" provision should permit licensure as a
clinical laboratory technologist based upon employment in these fields in the
five years before a year in the future, rather than September 1, 2006.
RESPONSE: This statutory provision requires the
applicant to have performed the duties of a clinical laboratory technologist for
at least five years prior to the effective date of Article 165 of the Education
Law, September 1, 2006. The
Department does not have the authority to change this
date.
COMMENT: The
"grandparenting" provision based upon prior
performance of the duties of a clinical laboratory technologist should permit
the crediting of experience gained in other
jurisdictions.
RESPONSE: The
regulation does not preclude the crediting of experience gained in other
jurisdictions to meet this requirement.
COMMENT: The
"grandparenting" provision based upon prior
performance of the duties of a clinical laboratory technologist is too
restrictive. Related employment
should be credited.
COMMENT: The
"grandparenting" provision based upon prior performing
the duties of a clinical laboratory technologist is too liberal and will permit
the licensing of unqualified individuals.
RESPONSE: The requirement is established in
statute. The State Education
Department does not have the statutory authority to change the requirement in
regulation.
COMMENT: The
director of a clinical laboratory in a foreign country or other state should be
permitted to verify the experience of the applicant for licensure under the
"grandparenting"
provisions.
RESPONSE: The regulation does not preclude a
director of a clinical laboratory in another jurisdiction from verifying the
experience.
COMMENT: The applicant should be permitted to
meet the examination requirement for licensure by passing a specialty test
offered by recognized national certifying agencies, rather than general
examinations.
RESPONSE: Article 165 of the Education law
established a generalist license in each of the three professions. General examinations are necessary to
ensure entry-level competency given the broad scope of practice for each
profession.
COMMENT: The
licensure examinations require the candidate to pass with a converted score of
at least 75, which may not be consistent with examining agency scoring.
RESPONSE: The Department, in consultation with the
State Board for Clinical Laboratory Technology, will convert the passing score
of the examining agency to 75.
COMMENT: The
regulation does not address reciprocity with other
states.
RESPONSE:
Education Law provides that the Department may endorse the license of another
jurisdiction. The Department
determined not to include endorsement requirements at the present time because
only 12 other states license these professions and the scopes of practice in
these jurisdictions differ. This
will require further study.
COMMENT: The regulation should extend the
licensure requirement to individuals employed in physician office
laboratories.
RESPONSE: Education Law section 8601(2) provides
that clinical laboratory practitioners are not required to be licensed to work
in a laboratory operated by a licensed physician or other specified health
professionals, solely for the treatment of the health professional's
patients.
COMMENT:
The regulation should mandate continuing education for these
professions.
RESPONSE: Education Law does not mandate
continuing education for these professions, and the Department does not have the
statutory authority to mandate it in
regulation.
COMMENT: The
requirement that applicants for licensure be of good moral character should be
eliminated.
RESPONSE: This is a statutory requirement and may
not be changed in regulation.
COMMENT: The
licensure and registration fees for these professions are too high, considering
the salaries paid.
RESPONSE: The
licensure and registration fees for these professions are established in
statute. The Department does not
have the statutory authority to change them in regulation.