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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
Higher Education and Professional Practice Committee |
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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: |
May 30, 2006 |
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STRATEGIC
GOAL: |
Goals 2 and 3 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for
Discussion
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 before the Higher Education and Professional Practice Committee for discussion in June 2006 and will be submitted for action at the July 2006 Regents meeting.
Procedural
History
A Notice of Proposed Rule Making was published in the State Register on May 24, 2006. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.
Background
Information
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. 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 clinical laboratory technician.
The proposed regulation is needed to implement Article 165 of the
Education Law by establishing specific education and examination requirements
that an applicant must meet for licensure or certification in these new
professions. It is also needed to
establish 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 have related education and/or experience (grandparenting
applicants). This will ease
the transition to licensure or certification for these individuals.
The State Education Department consulted with the State Department of
Health during the development of this regulation to obtain its input and ensure
that the proposed regulation coordinates with the Health Department's regulatory
requirements for licensed clinical laboratories.
Recommendation
N/A
Timetable for
Implementation
The effective date of the proposed regulation is August 17, 2006.
Attachment
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 17, 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 17, 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, 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 17, 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 17,
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, having
accreditation standards that are substantially equivalent to the requirements
for programs registered as leading to licensure as a clinical laboratory
technologist pursuant to section 52.36 of this Title, and applying 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:
(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 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.
(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 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 technologists 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 manor, 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 manor, 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 17,
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, having accreditation standards
that are substantially equivalent to the requirements for programs registered as
leading to licensure as a cytotechnologist pursuant to section 52.37 of this
Title, and applying 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:
(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 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 cytotechologist, 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.
(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 17,
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, having
accreditation standards that are substantially equivalent to the requirements
for programs registered as leading certification in clinical laboratory
technician pursuant to section 52.38 of this Title, and applying 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:
(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 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.
(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.