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N.Y. Educ. Law § 8608

Limited and provisional permits

Redline — January 1, 2019 → current.View current text →
Current — January 1, 2024
As of January 1, 2019
§ 8608. Limited and provisional permits. 1. Limited permit. On the\nrecommendation of the board, the department may issue a limited permit\nto practice as a clinical laboratory practitioner to an applicant who\nhas met all requirements for licensure as a clinical laboratory\ntechnologist or cytotechnologist or certification as a clinical\nlaboratory technician or histological technician, except those relating\nto the examination and provided that the individual is under the general\nsupervision of the director of a clinical laboratory, as determined by\nthe department. This limited permit shall be valid for a period of not\nmore than one year, and may be renewed, at the discretion of the\ndepartment, for one additional year.\n 2. Provisional permit. (a) On the recommendation of the board, the\ndepartment may issue a provisional permit to practice as a clinical\nlaboratory practitioner to an applicant who is employed in a clinical\nlaboratory for the purpose of enabling the applicant to complete the\neducation requirements and/or to pass the exam required for licensure as\na clinical laboratory technologist or histological technician and\nprovided that the individual is under the general supervision of the\ndirector of a clinical laboratory, as determined by the department, and\nprovided further that the applicant meets the requirements outlined in\nparagraph (b) of this subdivision. This provisional permit shall be\nvalid for a period of not more than one year, and may be renewed, at the\ndiscretion of the department, for one additional year.\n (b) To qualify for a provisional permit, the applicant shall:\n (i) file an application with the department;\n (ii) have at least one of the following enumerated qualifications:\n (A) be licensed as a clinical laboratory technologist, or the\nequivalent as determined by the department, in another jurisdiction or\npossess a current certification in a clinical laboratory technology from\na national certification organization acceptable to the department; or\n (B) have received both an education, including a bachelor's degree in\nthe biological, chemical, or physical sciences, and training in a\nclinical laboratory, provided that such education and training are\nacceptable to the department; or\n (C) have received a bachelor's degree in the biological, chemical, or\nphysical sciences or in mathematics, and have served as a research\nassistant in a research laboratory, under the direction of the director\nor the principal researcher of such research laboratory, working on the\nresearch and development of any procedures and examinations to be\nconducted by a laboratory, as defined in title five of article five of\nthe public health law, on material derived from the human body which\nprovides information for the diagnosis, prevention or treatment of a\ndisease or assessment of a human medical condition; or\n (D) for those seeking a provisional permit as a histological\ntechnician, have received an education, including an associate's degree\nthat includes a minimum number of credit hours in the sciences, provided\nthat such education is acceptable to the department;\n (iii) be at least eighteen years of age;\n (iv) be of good moral character as determined by the department; and\n (v) pay a fee of three hundred forty-five dollars for a provisional\npermit provided that the fee for a provisional permit as a histological\ntechnician shall be two hundred forty-five dollars.\n (c) Each provisional permit shall be subject to the disciplinary\nprovisions applicable to licensees pursuant to subarticle three of\narticle one hundred thirty of this title.\n 3. The board of regents and the department are authorized to adopt\nsuch rules and regulations as may be necessary to implement the\nprovisions of this section.\n
§ 8608. Limited and provisional permits. 1. Limited permit. On the\nrecommendation of the board, the department may issue a limited permit\nto practice as a clinical laboratory practitioner to an applicant who\nhas met all requirements for licensure as a clinical laboratory\ntechnologist or cytotechnologist, histotechnologist, or certification as\na clinical laboratory technician or histotechnician, except those\nrelating to the examination and provided that the individual is under\nthe general supervision of the director of a clinical laboratory, as\ndetermined by the department. This limited permit shall be valid for a\nperiod of not more than two years and shall not be renewable.\n 2. Provisional permit. (a) On the recommendation of the board, the\ndepartment may issue a provisional permit to practice as a clinical\nlaboratory practitioner to an applicant who is employed in a clinical\nlaboratory for the purpose of enabling the applicant to complete the\neducation requirements and/or to pass the exam required for licensure as\na clinical laboratory technologist or histotechnician and provided that\nthe individual is under the general supervision of the director of a\nclinical laboratory, as determined by the department, and provided\nfurther that the applicant meets the requirements outlined in paragraph\n(b) of this subdivision. This provisional permit shall be valid for a\nperiod of not more than two years and shall not be renewable.\n (b) To qualify for a provisional permit, the applicant shall:\n (i) file a provisional permit application with the department;\n (ii) have at least one of the following enumerated qualifications:\n (A) be licensed as a clinical laboratory technologist, or the\nequivalent as determined by the department, in another jurisdiction or\npossess a current certification in clinical laboratory technology from a\nnational certification organization acceptable to the department; or\n (B) have received both an education, including a bachelor's degree in\nthe biological, chemical, or physical sciences, and training in a\nclinical laboratory, provided that such education and training are\nacceptable to the department; or\n (C) have received a bachelor's degree in the biological, chemical, or\nphysical sciences or in mathematics, and have served as a research\nassistant in a research laboratory, under the direction of the director\nor the principal researcher of such research laboratory, working on the\nresearch and development of any procedures and examinations to be\nconducted by a laboratory, as defined in title five of article five of\nthe public health law, on material derived from the human body which\nprovides information for the diagnosis, prevention or treatment of a\ndisease or assessment of a human medical condition; or\n (D) for those seeking a provisional permit as a histotechnician, have\nreceived an education, including an associate's degree that includes a\nminimum number of credit hours in the sciences, provided that such\neducation is acceptable to the department;\n (iii) be at least eighteen years of age;\n (iv) be of good moral character as determined by the department;\n (v) pay a fee of fifty dollars for a provisional permit;\n (vi) file a licensure application with the department; and\n (vii) pay the licensure fee as outlined in section eighty-six hundred\nsix of this article.\n (c) Each provisional permit shall be subject to the disciplinary\nprovisions applicable to licensees pursuant to subarticle three of\narticle one hundred thirty of this title.\n 3. The board of regents and the department are authorized to adopt\nsuch rules and regulations as may be necessary to implement the\nprovisions of this section.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.