S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9966--A
 
                           I N  A S S E M B L Y
 
                               March 2, 2018
                                ___________
 
 Introduced by M. of A. MAGNARELLI, D'URSO, RIVERA, COOK -- 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 a  provisional  permit
   for  clinical  laboratory  technology;  and to repeal subdivision 2 of
   section 8610 of the education law relating to a  limited  license  for
   clinical laboratory technology
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 8608 of the education law, as  amended  by  chapter
 204 of the laws of 2008, is amended to read as follows:
   §  8608.  Limited  AND  PROVISIONAL permits. 1. LIMITED PERMIT. On the
 recommendation of the board, the department may issue a  limited  permit
 to  practice  as  a clinical laboratory practitioner to an applicant who
 has met all requirements for licensure as a clinical laboratory technol-
 ogist or cytotechnologist or  certification  as  a  clinical  laboratory
 technician  or  histological  technician,  except  those relating to the
 examination and provided that the individual is under the general super-
 vision of the director of a clinical laboratory, as  determined  by  the
 department.  This limited permit shall be valid for a period of not more
 than one year, and may be renewed, at the discretion of the  department,
 for one additional year.
   2.  PROVISIONAL  PERMIT.  (A)  ON THE RECOMMENDATION OF THE BOARD, THE
 DEPARTMENT MAY ISSUE A PROVISIONAL PERMIT  TO  PRACTICE  AS  A  CLINICAL
 LABORATORY  PRACTITIONER  TO  AN APPLICANT WHO IS EMPLOYED IN A CLINICAL
 LABORATORY FOR THE PURPOSE OF ENABLING THE  APPLICANT  TO  COMPLETE  THE
 EDUCATION REQUIREMENTS AND/OR TO PASS THE EXAM REQUIRED FOR LICENSURE AS
 A  CLINICAL  LABORATORY  TECHNOLOGIST  OR  HISTOLOGICAL  TECHNICIAN  AND
 PROVIDED THAT THE INDIVIDUAL IS UNDER THE  GENERAL  SUPERVISION  OF  THE
 DIRECTOR  OF A CLINICAL LABORATORY, AS DETERMINED BY THE DEPARTMENT, AND
 PROVIDED FURTHER THAT THE APPLICANT MEETS THE REQUIREMENTS  OUTLINED  IN
 PARAGRAPH  (B)  OF  THIS SUBDIVISION.   THIS PROVISIONAL PERMIT SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14791-03-8

 A. 9966--A                          2
 
 VALID FOR A PERIOD OF NOT MORE THAN ONE YEAR, AND MAY BE RENEWED, AT THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   (B) TO QUALIFY FOR A PROVISIONAL PERMIT, THE APPLICANT SHALL:
   (I) FILE AN APPLICATION WITH THE DEPARTMENT;
   (II) HAVE AT LEAST ONE OF THE FOLLOWING ENUMERATED QUALIFICATIONS:
   (A)  BE  LICENSED AS A CLINICAL LABORATORY TECHNOLOGIST, OR THE EQUIV-
 ALENT AS DETERMINED  BY  THE  DEPARTMENT,  IN  ANOTHER  JURISDICTION  OR
 POSSESS A CURRENT CERTIFICATION IN A CLINICAL LABORATORY TECHNOLOGY FROM
 A NATIONAL CERTIFICATION ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (B)  HAVE RECEIVED BOTH AN EDUCATION, INCLUDING A BACHELOR'S DEGREE IN
 THE BIOLOGICAL, CHEMICAL, OR PHYSICAL SCIENCES, AND TRAINING IN A  CLIN-
 ICAL  LABORATORY, PROVIDED THAT SUCH EDUCATION AND TRAINING ARE ACCEPTA-
 BLE TO THE DEPARTMENT; OR
   (C) HAVE RECEIVED A BACHELOR'S DEGREE IN THE BIOLOGICAL, CHEMICAL,  OR
 PHYSICAL  SCIENCES  OR  IN  MATHEMATICS,  AND  HAVE SERVED AS A RESEARCH
 ASSISTANT IN A RESEARCH LABORATORY, UNDER THE DIRECTION OF THE  DIRECTOR
 OR  THE PRINCIPAL RESEARCHER OF SUCH RESEARCH LABORATORY, WORKING ON THE
 RESEARCH AND DEVELOPMENT  OF  ANY  PROCEDURES  AND  EXAMINATIONS  TO  BE
 CONDUCTED  BY  A LABORATORY, AS DEFINED IN TITLE FIVE OF ARTICLE FIVE OF
 THE PUBLIC HEALTH LAW, ON MATERIAL DERIVED FROM  THE  HUMAN  BODY  WHICH
 PROVIDES  INFORMATION  FOR  THE  DIAGNOSIS, PREVENTION OR TREATMENT OF A
 DISEASE OR ASSESSMENT OF A HUMAN MEDICAL CONDITION; OR
   (D) FOR THOSE SEEKING A PROVISIONAL PERMIT AS A  HISTOLOGICAL  TECHNI-
 CIAN,  HAVE  RECEIVED AN EDUCATION, INCLUDING AN ASSOCIATE'S DEGREE THAT
 INCLUDES A MINIMUM NUMBER OF CREDIT HOURS IN THE SCIENCES, PROVIDED THAT
 SUCH EDUCATION IS ACCEPTABLE TO THE DEPARTMENT;
   (III) BE AT LEAST EIGHTEEN YEARS OF AGE;
   (IV) BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
   (V) PAY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS  FOR  A  PROVISIONAL
 PERMIT  PROVIDED THAT THE FEE FOR A PROVISIONAL PERMIT AS A HISTOLOGICAL
 TECHNICIAN SHALL BE TWO HUNDRED FORTY-FIVE DOLLARS.
   (C) EACH PROVISIONAL PERMIT  SHALL  BE  SUBJECT  TO  THE  DISCIPLINARY
 PROVISIONS APPLICABLE TO LICENSEES PURSUANT TO SUBARTICLE THREE OF ARTI-
 CLE ONE HUNDRED THIRTY OF THIS TITLE.
   3.  THE  BOARD  OF  REGENTS AND THE DEPARTMENT ARE AUTHORIZED TO ADOPT
 SUCH RULES  AND  REGULATIONS  AS  MAY  BE  NECESSARY  TO  IMPLEMENT  THE
 PROVISIONS OF THIS SECTION.
   §  2.  Subdivision 2 of section 8610 of the education law is REPEALED,
 subdivision 3 is renumbered subdivision 2 and the  section  heading  and
 subdivision  4, as added by chapter 204 of the laws of 2008, are amended
 to read as follows:
   Restricted clinical laboratory [and limited] licenses.
   [4.] 3. Nothing in this section shall restrict a  clinical  laboratory
 practitioner,  as  defined  in  subdivision  two  of  section eighty-six
 hundred one of this article, from performing any of the examinations  or
 procedures  which  restricted clinical laboratory licensees [and limited
 licensees] are permitted to perform under this section  and  which  such
 clinical laboratory practitioner is otherwise authorized to perform.
   § 3. This act shall take effect immediately.