S T A T E O F N E W Y O R K
________________________________________________________________________
8725
2019-2020 Regular Sessions
I N A S S E M B L Y
November 25, 2019
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to restricted clinical
laboratory licenses
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
amended by chapter 227 of the laws of 2019, 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]
toxicology [(under paragraph (b-1) of this subdivision)], IMMUNOHEMATOL-
OGY, AND MICROBIOLOGY.
(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.
LBD13918-01-9
A. 8725 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 provided, however that if chapter 227 of the
laws of 2019 shall not have taken effect on or before such date, then
this act shall take effect on the same date and in the same manner as
such chapter 227 of the laws of 2019, takes effect. Effective immediate-
ly, the commissioner of education shall make regulations and take other
actions reasonably necessary to implement this act on that date.