N.Y. Educ. Law § 8610

§ 8610. Restricted clinical laboratory and limited licenses. 1.\nRestricted clinical laboratory license.\n (a) The department may issue a restricted license pursuant to which\nthe restricted licensee may receive a certificate to perform certain\nexaminations and procedures within the definition of clinical laboratory\ntechnology set forth in subdivision one of section eighty-six hundred\none of this article, provided that such a restricted licensee may\nperform examinations and procedures only in those of the following areas\nwhich are specifically listed in his or her certificate:\nhistocompatibility, cytogenetics, stem cell process, flow\ncytometry/cellular immunology and molecular diagnosis to the extent such\nmolecular diagnosis is included in genetic testing-molecular and\nmolecular oncology.\n (b) Notwithstanding paragraph (a) of this subdivision, restricted\nlicensees employed at National Cancer Institute designated cancer\ncenters or at teaching hospitals that are eligible for distributions\npursuant to paragraph (c) of subdivision three of section twenty-eight\nhundred seven-m of the public health law may receive a certificate that\nalso includes the practice of molecular diagnosis including but not\nlimited to genetic testing-molecular and molecular oncology, and\nrestricted licensees employed at national cancer institute designated\ncancer centers may receive a certificate that includes the use of mass\nspectrometry or any tests and procedures acceptable to the commissioner\nof health, in consultation with the commissioner, in the field of\nproteomics, provided that such certificate holders may practice in such\nadditional areas only at such centers, teaching hospitals or other sites\nas may be designated by the commissioner.\n (c) To qualify for a restricted license, an applicant shall:\n (i) file an application with the department;\n (ii) have received an education, including a bachelor's degree in the\nbiological, chemical, or physical sciences or in mathematics from a\nprogram registered by the department or determined by the department to\nbe the substantial equivalent;\n (iii) have completed a training program with a planned sequence of\nsupervised employment or engagement in activities appropriate for the\narea of certification, which training program is satisfactory to the\ndepartment in quality, breadth, scope and nature and is provided by an\nentity that shall be responsible for the services provided. The training\nprogram shall be described and attested to by the clinical director of\nthe laboratory in which it is located prior to the beginning of the\nprogram. The duration of the training program shall be one year of\nfull-time training in the specific areas in which the applicant is\nseeking certification or the part-time equivalent thereof, as determined\nby the department, and the successful completion of such program shall\nbe certified by a laboratory director who is responsible for overseeing\nsuch program;\n (iv) be at least eighteen years of age;\n (v) be of good moral character as determined by the department; and\n (vi) pay a fee of one hundred seventy-five dollars for an initial\nrestricted license and a fee of one hundred seventy dollars for each\ntriennial registration period.\n (d) Each restricted licensee shall register with the department as\nrequired of licensees pursuant to section sixty-five hundred two of this\ntitle and shall be subject to the disciplinary provisions applicable to\nlicensees pursuant to subarticle three of article one hundred thirty of\nthis title.\n 2. Limited license. (a) The department may issue a limited license\nand registration pursuant to which the limited licensee may perform\nexaminations and procedures within the definition of clinical laboratory\ntechnology set forth in subdivision one of section eight thousand six\nhundred one of this article, provided that an individual qualifying for\na limited license pursuant to clause three of subparagraph (ii) of\nparagraph (b) of this subdivision shall perform only those examinations\nand procedures that are for the purpose of human trials of such\nexaminations and procedures as were the subject of the individual's\nresearch and that nothing contained in this subdivision shall authorize\nany individual to provide any examinations or procedures that he or she\nis prohibited from performing pursuant to the public health law, and\nprovided further that an individual qualifying for a limited license\npursuant to clause four of subparagraph (ii) of paragraph (b) of this\nsubdivision shall perform only those examinations and procedures that\nare within the scope of practice of histological technicians. A limited\nlicense may be granted to an applicant who is employed in a clinical\nlaboratory under the direction of a clinical director and may be issued\nfor the purpose of enabling the applicant to complete the education and\nto pass the exam required for licensure as a clinical laboratory\ntechnologist or histological technician in New York state, as\napplicable. Notwithstanding the provisions of section sixty-five\nhundred two of this title, no limited license shall be valid beyond\nSeptember first, two thousand eighteen and the registration issued with\nthe limited license shall be effective until September first, two\nthousand eighteen.\n (b) To qualify for a limited license, an applicant shall:\n (i) file an application with the department;\n (ii) either:\n (1) be licensed as a clinical laboratory technologist, or the\nequivalent as determined by the department, in another jurisdiction; or\n (2) 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 (3) 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 (4) for those seeking a limited license as a histological technician,\nhave received an education, including an associate's degree that\nincludes a minimum number of credit hours in the sciences, provided that\nsuch 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 limited\nlicense and registration, provided that the fee for a limited license\nand registration as a histological technician shall be two hundred\nforty-five dollars.\n (c) Each limited licensee 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 4. Nothing in this section shall restrict a clinical laboratory\npractitioner, as defined in subdivision two of section eighty-six\nhundred one of this article, from performing any of the examinations or\nprocedures which restricted clinical laboratory licensees and limited\nlicensees are permitted to perform under this section and which such\nclinical laboratory practitioner is otherwise authorized to perform.\n