S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7906--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Higher Education -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the education law, in relation to restricted clinical
   laboratory licenses in toxicology

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 8610 of the education law, as
 added by chapter 204 of the laws of 2008, paragraph (b)  as  amended  by
 chapter 276 of the laws of 2014, is amended to read as follows:
   1. Restricted clinical laboratory license.
   (a)  The  department  may issue a restricted license pursuant to which
 the restricted licensee may receive a  certificate  to  perform  certain
 examinations and procedures within the definition of clinical laboratory
 technology  set  forth  in subdivision one of section eighty-six hundred
 one of this article,  provided  that  such  a  restricted  licensee  may
 perform examinations and procedures only in those of the following areas
 which  are specifically listed in his or her certificate:  histocompati-
 bility, cytogenetics, stem cell process, flow  cytometry/cellular  immu-
 nology and molecular diagnosis to the extent such molecular diagnosis is
 included  in genetic testing-molecular and molecular oncology, AND TOXI-
 COLOGY (UNDER PARAGRAPH (B-1) OF THIS SUBDIVISION).
   (b) Notwithstanding paragraph  (a)  of  this  subdivision,  restricted
 licensees  employed  at  National  Cancer  Institute  designated  cancer
 centers or at teaching hospitals that  are  eligible  for  distributions
 pursuant  to  paragraph (c) of subdivision three of section twenty-eight
 hundred seven-m of the public health law may receive a certificate  that
 also  includes  the  practice  of  molecular diagnosis including but not
 limited  to  genetic  testing-molecular  and  molecular  oncology,   and
 restricted  licensees  employed  at national cancer institute designated
 cancer centers may receive a certificate that includes the use  of  mass
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11799-02-9

 A. 7906--A                          2
 
 spectrometry  or any tests and procedures acceptable to the commissioner
 of health, in consultation  with  the  commissioner,  in  the  field  of
 proteomics,  provided that such certificate holders may practice in such
 additional areas only at such centers, teaching hospitals or other sites
 as may be designated by the commissioner.
   (B-1)  ONLY  INDIVIDUALS  EMPLOYED  IN  A NEW YORK STATE DEPARTMENT OF
 HEALTH AUTHORIZED TOXICOLOGY LABORATORY, OPERATING UNDER  THE  DIRECTION
 OF A CLINICAL LABORATORY DIRECTOR, MAY OBTAIN A CERTIFICATE IN TOXICOLO-
 GY.
   (c) To qualify for a restricted license, an applicant shall:
   (i) file an application with the department;
   (ii)  have received an education, including a bachelor's degree in the
 biological, chemical, or physical sciences  or  in  mathematics  from  a
 program  registered by the department or determined by the department to
 be the substantial equivalent;
   (iii) have completed a training program with  a  planned  sequence  of
 supervised  employment  or  engagement in activities appropriate for the
 area of certification, which training program  is  satisfactory  to  the
 department  in  quality, breadth, scope and nature and is provided by an
 entity that shall be responsible for the services provided. The training
 program shall be described and attested to by the clinical  director  of
 the  laboratory  in  which  it  is located prior to the beginning of the
 program. The duration of the training program shall be one year of full-
 time training in the specific areas in which the  applicant  is  seeking
 certification  or the part-time equivalent thereof, as determined by the
 department, and the successful  completion  of  such  program  shall  be
 certified  by  a  laboratory  director who is responsible for overseeing
 such program;
   (iv) be at least eighteen years of age;
   (v) be of good moral character as determined by the department; and
   (vi) pay a fee of one hundred  seventy-five  dollars  for  an  initial
 restricted  license  and  a  fee of one hundred seventy dollars for each
 triennial registration period.
   (d) Each restricted licensee shall register  with  the  department  as
 required of licensees pursuant to section sixty-five hundred two of this
 title  and shall be subject to the disciplinary provisions applicable to
 licensees pursuant to subarticle three of article one hundred thirty  of
 this title.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law. Effective immediately, the commissioner of
 education shall make  regulations  and  take  other  actions  reasonably
 necessary to implement this act on that date.