S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10162--A
 
                           I N  A S S E M B L Y
 
                                May 4, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Glick) --
   read once and referred to the Committee on Higher Education -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the  education  law, in relation to requirements for
   certain clinical laboratory practitioners

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 8600 of the education law, as added by chapter 204
 of the laws of 2008, is amended to read as follows:
   § 8600. Introduction. This article defines the  practice  of  clinical
 laboratory technology and provides for the licensing of clinical labora-
 tory  technologists [and], cytotechnologists, AND HISTOTECHNOLOGISTS and
 for the certification of clinical laboratory technicians and [histologi-
 cal  technicians]  HISTOTECHNICIANS.  The  general  provisions  for  all
 professions  contained in article one hundred thirty of this title shall
 apply to this article.
   § 2. Subdivision 2 of section 8601 of the education law, as amended by
 chapter 204 of the laws of 2008, is amended to read as follows:
   2. A "clinical  laboratory  practitioner"  means  clinical  laboratory
 technologists, cytotechnologists, HISTOTECHNOLOGISTS, clinical laborato-
 ry  technicians, and [histological technicians] HISTOTECHNICIANS as such
 terms are defined in this subdivision, who practice clinical  laboratory
 technology  in  a licensed clinical laboratory. For the purposes of this
 article, a licensed clinical laboratory does not  include  a  laboratory
 operated  by  any  licensed  physician,  dentist, podiatrist, midwife or
 certified nurse practitioner who performs  laboratory  tests  or  proce-
 dures,  personally or through his or her employees, solely as an adjunct
 to the treatment of his or her own patients.
   (a) "Clinical laboratory technologist"  means  a  clinical  laboratory
 practitioner  who, pursuant to established and approved protocols of the
 department of health, performs clinical laboratory procedures and  exam-
 inations and any other tests or procedures conducted by a clinical labo-
 ratory,  including  maintaining  equipment  and  records, and performing
 quality assurance activities related  to  examination  performance,  and
 which  require  the exercise of independent judgment and responsibility,
 as determined by the department.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11276-12-2
 A. 10162--A                         2
 
   (b) "Cytotechnologist" means a clinical laboratory  practitioner  who,
 pursuant  to  established  and  approved  protocols of the department of
 health, performs cytological procedures and examinations and  any  other
 such  tests  including  maintaining equipment and records and performing
 quality  assurance  activities  related  to examination performance, and
 which require the exercise of independent judgment  and  responsibility,
 as determined by the department.
   (c)  "HISTOTECHNOLOGIST"  MEANS A CLINICAL LABORATORY PRACTITIONER WHO
 PURSUANT TO ESTABLISHED AND APPROVED  PROTOCOLS  OF  THE  DEPARTMENT  OF
 HEALTH  PERFORMS  SLIDE BASED HISTOLOGICAL ASSAYS, TESTS, AND PROCEDURES
 AND ANY OTHER SUCH TESTS CONDUCTED BY A CLINICAL  HISTOLOGY  LABORATORY,
 INCLUDING  MAINTAINING  EQUIPMENT  AND  RECORDS  AND  PERFORMING QUALITY
 ASSURANCE ACTIVITIES RELATING TO PROCEDURE PERFORMANCE  ON  HISTOLOGICAL
 TESTING OF HUMAN TISSUES, AND WHICH REQUIRES THE EXERCISE OF INDEPENDENT
 JUDGMENT AND RESPONSIBILITY AS DETERMINED BY THE DEPARTMENT.
   (D) "Clinical laboratory technician" means a clinical laboratory prac-
 titioner  who  performs  clinical laboratory procedures and examinations
 pursuant to established and approved  protocols  of  the  department  of
 health, which require limited exercise of independent judgment and which
 are  performed  under the supervision of a clinical laboratory technolo-
 gist, laboratory supervisor, or director of a clinical laboratory.
   [(d)] (E) ["Histological technician"] "HISTOTECHNICIAN" means a  clin-
 ical  laboratory  practitioner  who pursuant to established and approved
 protocols of the department of health performs slide based  histological
 assays,  tests,  and  procedures and any other such tests conducted by a
 clinical  histology  laboratory,  including  maintaining  equipment  and
 records  and  performing quality assurance activities relating to proce-
 dure performance on histological testing  of  human  tissues  and  which
 requires limited exercise of independent judgment and is performed under
 the  supervision  of a laboratory supervisor, designated by the director
 of a clinical laboratory or under the supervision of the director of the
 clinical laboratory.
   [(e)] (F) "Director of a clinical laboratory" means a director as that
 term is defined in section five hundred seventy-one of the public health
 law.
   [(f)] (G) "Laboratory supervisor" means an individual who,  under  the
 general  direction  of  the  laboratory  director,  supervises technical
 personnel and reporting of findings, performs  tests  requiring  special
 scientific  skills,  and, in the absence of the director, is responsible
 for the proper performance of all laboratory procedures.
   § 3. Section 8602 of the education law, as added by chapter 755 of the
 laws of 2004, is amended to read as follows:
   § 8602. Practice of clinical laboratory technology [and], cytotechnol-
 ogy AND HISTOTECHNOLOGY and use of the titles "licensed clinical labora-
 tory technologist"  [and],  "licensed  cytotechnologist"  AND  "LICENSED
 HISTOTECHNOLOGIST".    No person shall practice AS A clinical laboratory
 [technology] TECHNOLOGIST,  CYTOTECHNOLOGIST  OR  HISTOTECHNOLOGIST,  or
 hold  himself or herself out as a clinical laboratory technologist, or a
 cytotechnologist, OR A HISTOTECHNOLOGIST in this state unless he or  she
 is licensed or exempt pursuant to this article.
   §  4.  Section 8603 of the education law, as amended by chapter 204 of
 the laws of 2008, is amended to read as follows:
   § 8603. Practice as a clinical laboratory technician and [histological
 technician] HISTOTECHNICIAN and the use of the titles "clinical  labora-
 tory  technician"  and ["histological technician"] "HISTOTECHNICIAN". No
 person shall practice as  a  clinical  laboratory  technician  or  as  a
 A. 10162--A                         3
 
 [histological technician] HISTOTECHNICIAN or hold himself or herself out
 as  a  clinical  laboratory  technician  or  a [histological technician]
 HISTOTECHNICIAN in this state unless he or she is  certified  or  exempt
 pursuant  to  this  article,  provided  that an individual licensed as a
 clinical laboratory technologist,  cytotechnologist,  HISTOTECHNOLOGIST,
 or clinical laboratory technician may practice the profession of [histo-
 logical technician] HISTOTECHNICIAN.
   §  5.  Section 8604 of the education law, as amended by chapter 204 of
 the laws of 2008, is amended to read as follows:
   § 8604. State board for clinical laboratory technology. A state  board
 for  clinical  laboratory  technology shall be appointed by the board of
 regents upon the recommendation of the commissioner for the  purpose  of
 assisting  the board of regents and the department on matters of profes-
 sional licensing and professional conduct  in  accordance  with  section
 sixty-five  hundred  eight of this title. The board shall be composed of
 twelve members, four of whom shall be licensed clinical laboratory tech-
 nologists, two of whom shall be licensed cytotechnologists, one of  whom
 shall  be  a certified clinical laboratory technician, one of whom shall
 be a LICENSED HISTOTECHNOLOGIST OR certified  [histological  technician]
 HISTOTECHNICIAN,  two  members  of the public, one representative of the
 diagnostic/manufacturing industry, and one director of a clinical  labo-
 ratory  who  shall  be  a physician. An executive secretary to the board
 shall be appointed by the board of regents upon  the  recommendation  of
 the  commissioner.  The  clinical laboratory practitioner members of the
 initial board need not be licensed prior to their appointment but  shall
 have  met  all  other  requirements of licensing except the filing of an
 application, the passing of a satisfactory exam and paying a fee.
   § 6. Section 8605 of the education law, as added by chapter 755 of the
 laws of 2004, is amended to read as follows:
   § 8605. Requirements for a license as a clinical laboratory  technolo-
 gist or cytotechnologist. To qualify for a license as a clinical labora-
 tory technology practitioner under one of the titles defined in subdivi-
 sion two of section eighty-six hundred one of this article, an applicant
 shall  fulfill  the  particular  requirements  of  a subdivision of this
 section applicable to the license and title sought by the applicant:
   1. Licensure as a clinical laboratory technologist.
   (a) Application: file an application with the department;
   (b) Education: have received  an  education,  including  a  bachelor's
 degree  in  clinical  laboratory technology from a program registered by
 the department or determined by the department  to  be  the  substantial
 equivalent  OR  A CLINICAL LABORATORY TECHNOLOGY PROGRAM ACCREDITED BY A
 NATIONAL ACCREDITING ORGANIZATION ACCEPTABLE TO THE DEPARTMENT, or  have
 received  a  bachelor's  degree that includes a minimum number of credit
 hours in the sciences and received appropriate clinical education in  an
 accredited  clinical  laboratory  technology  program or a program to be
 determined by the department to be the substantial equivalent;
   (B-1) ALTERNATIVES TO EDUCATION:
   (I) IN LIEU OF REQUIREMENTS SPECIFIED IN PARAGRAPH (B) OF THIS  SUBDI-
 VISION THE DEPARTMENT MAY ACCEPT:
   (1) CURRENT CLINICAL LABORATORY TECHNOLOGY CERTIFICATION BY A NATIONAL
 CERTIFICATION ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (2) CLINICAL LABORATORY TECHNOLOGY LICENSURE IN A JURISDICTION ACCEPT-
 ABLE TO THE DEPARTMENT;
   (II) IN LIEU OF REQUIREMENTS SPECIFIED IN PARAGRAPH (B) OF THIS SUBDI-
 VISION  THE  DEPARTMENT  MAY  ACCEPT,  A  BACHELOR'S DEGREE IN A NATURAL
 A. 10162--A                         4
 
 SCIENCE OR A CLINICAL LABORATORY SCIENCE AND  COURSEWORK  ACCEPTABLE  TO
 THE DEPARTMENT AND:
   (1) TWO YEARS' EXPERIENCE IN A CLINICAL LABORATORY WHILE LICENSED AS A
 CLINICAL  LABORATORY  TECHNICIAN  IN  NEW  YORK  OR ANOTHER JURISDICTION
 ACCEPTABLE TO THE DEPARTMENT; OR
   (2) TWO YEARS' EXPERIENCE IN A CLINICAL LABORATORY WHILE CERTIFIED  AS
 A  CLINICAL  LABORATORY TECHNICIAN BY A NATIONAL CERTIFICATION ORGANIZA-
 TION ACCEPTABLE TO THE DEPARTMENT.
   (c) Examination: pass an examination satisfactory to the board and  in
 accordance with the commissioner's regulations;
   (d) Age: be at least eighteen years of age;
   (e) Character: be of good moral character as determined by the depart-
 ment; and
   (f) Fees: pay a fee of one hundred seventy-five dollars for an initial
 license  and  a  fee  of  one hundred seventy dollars for each triennial
 registration period.
   2. Licensure as a cytotechnologist.
   (a) Application: file an application with the department;
   (b) Education: have received  an  education,  including  a  bachelor's
 degree  in cytotechnology from a program registered by the department or
 determined by the department to be the substantial equivalent,  or  have
 received  a  bachelor's  degree that includes a minimum number of credit
 hours in the sciences and received appropriate clinical education in  an
 accredited cytotechnology program or a program determined by the depart-
 ment to be the substantial equivalent;
   (B-1)  ALTERNATIVES TO EDUCATION: IN LIEU OF REQUIREMENTS SPECIFIED IN
 PARAGRAPH (B) OF THIS SUBDIVISION THE DEPARTMENT MAY ACCEPT:
   (I) CURRENT CYTOTECHNOLOGY CERTIFICATION BY A  NATIONAL  CERTIFICATION
 ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (II)  CYTOTECHNOLOGY  LICENSURE  IN  A  JURISDICTION ACCEPTABLE TO THE
 DEPARTMENT.
   (c) Examination: pass an examination acceptable to the  board  and  in
 accordance with the commissioner's regulations;
   (d) Age: be at least eighteen years of age;
   (e) Character: be of good moral character as determined by the depart-
 ment; and
   (f) Fees: pay a fee of one hundred seventy-five dollars for an initial
 license  and  a  fee  of  one hundred seventy dollars for each triennial
 registration period.
   § 7. Subdivision 2 of section 8606 of the education law, as  added  by
 chapter 755 of the laws of 2004, is amended to read as follows:
   2.  Education:  have  received  an education, including an associate's
 degree from an approved clinical laboratory  technician  program  regis-
 tered  by  the  department  or  determined  by  the department to be the
 substantial equivalent, OR AN  ASSOCIATE'S  DEGREE  CLINICAL  LABORATORY
 TECHNICIAN  PROGRAM  ACCREDITED  BY  A NATIONAL ACCREDITING ORGANIZATION
 ACCEPTABLE TO THE DEPARTMENT, OR AN  ASSOCIATE'S  DEGREE  PROGRAM  IN  A
 NATURAL SCIENCE OR A CLINICAL LABORATORY SCIENCE AND COURSEWORK ACCEPTA-
 BLE  TO  THE  DEPARTMENT  AND  A  CLINICAL LABORATORY TECHNICIAN PROGRAM
 ACCREDITED BY A NATIONAL  ACCREDITING  ORGANIZATION  ACCEPTABLE  TO  THE
 DEPARTMENT;
   §  8.  Section  8606  of the education law is amending by adding a new
 subdivision 2-a to read as follows:
   2-A. ALTERNATIVES TO EDUCATION: IN LIEU OF REQUIREMENTS  SPECIFIED  IN
 SUBDIVISION TWO OF THIS SECTION THE DEPARTMENT MAY ACCEPT:
 A. 10162--A                         5

   (A) CURRENT CLINICAL LABORATORY TECHNICIAN CERTIFICATION BY A NATIONAL
 CERTIFICATION ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (B) CLINICAL LABORATORY TECHNICIAN LICENSURE IN A JURISDICTION ACCEPT-
 ABLE TO THE DEPARTMENT.
   §  9.  Section 8606-a of the education law, as added by chapter 204 of
 the laws of 2008, is amended to read as follows:
   § 8606-a. Requirements for certification as  a  [histological  techni-
 cian] HISTOTECHNICIAN.  For certification as a [histological technician]
 HISTOTECHNICIAN  under  this  article,  an  applicant  shall fulfill the
 following requirements:
   1. Application: file an application with the department;
   2. Education: have received an  education,  including  an  associate's
 degree   from  an  approved  [histological  technician]  HISTOTECHNICIAN
 program registered by the department or determined by the department  to
 be  the  substantial  equivalent, or have received an associate's degree
 that includes a minimum number of  credit  hours  in  the  sciences  and
 received  appropriate  clinical education in a [histological technician]
 HISTOTECHNICIAN program approved by the department or a  program  to  be
 determined  by  the  department  to  be  the substantial equivalent OR A
 HISTOTECHNICIAN PROGRAM ACCREDITED BY A NATIONAL  ACCREDITING  ORGANIZA-
 TION ACCEPTABLE TO THE DEPARTMENT;
   2-A.  ALTERNATIVES  TO EDUCATION: IN LIEU OF REQUIREMENTS SPECIFIED IN
 SUBDIVISION TWO OF THIS SECTION THE DEPARTMENT MAY ACCEPT:
   (A) CURRENT HISTOTECHNICIAN CERTIFICATION BY A NATIONAL  CERTIFICATION
 ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (B)  HISTOTECHNICIAN  LICENSURE  IN  A  JURISDICTION ACCEPTABLE TO THE
 DEPARTMENT.
   3. Examination: pass an examination satisfactory to the board  and  in
 accordance with the commissioner's regulations;
   4. Age: be at least eighteen years of age;
   5.  Character: be of good moral character as determined by the depart-
 ment; and
   6. Fees: pay a fee of one hundred twenty-five dollars for  an  initial
 certification and a fee of one hundred twenty dollars for each triennial
 registration period.
   §  10.  The education law is amended by adding a new section 8606-b to
 read as follows:
   § 8606-B. REQUIREMENTS FOR LICENSURE  AS  A  HISTOTECHNOLOGIST.    FOR
 CERTIFICATION  AS  A  HISTOTECHNOLOGIST UNDER THIS ARTICLE, AN APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE COMPLETED ONE OF FOLLOWING REQUIREMENTS:
   (A) A BACHELOR'S DEGREE PROGRAM IN HISTOTECHNOLOGY REGISTERED  BY  THE
 DEPARTMENT  OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT, OR A HISTOTECHNOLOGY PROGRAM ACCREDITED BY A NATIONAL ACCREDITING
 ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (B) A BACHELOR'S DEGREE PROGRAM IN A NATURAL SCIENCE OR  A  LABORATORY
 SCIENCE  AND  A MINIMUM NUMBER OF CREDIT HOURS ACCEPTABLE TO THE DEPART-
 MENT, AND APPROPRIATE CLINICAL EDUCATION IN A HISTOTECHNOLOGIST  PROGRAM
 ACCREDITED  BY  A  NATIONAL  ACCREDITING  ORGANIZATION ACCEPTABLE TO THE
 DEPARTMENT OR A PROGRAM REGISTERED BY THE DEPARTMENT  OR  DETERMINED  BY
 THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT; OR
   (C)  CURRENT  HISTOTECHNOLOGIST  CERTIFICATION  BY  A NATIONAL CERTIF-
 ICATION ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; OR
   (D) HISTOTECHNOLOGIST LICENSURE IN A JURISDICTION  ACCEPTABLE  TO  THE
 DEPARTMENT;
 A. 10162--A                         6
 
   3.  ALTERNATIVES  TO  EDUCATION:  IN LIEU OF REQUIREMENTS SPECIFIED IN
 SUBDIVISION TWO OF THIS SECTION THE DEPARTMENT MAY ACCEPT, A  BACHELOR'S
 DEGREE IN A NATURAL SCIENCE OR A CLINICAL LABORATORY SCIENCE AND COURSE-
 WORK ACCEPTABLE TO THE DEPARTMENT AND:
   (A) TWO YEARS' EXPERIENCE IN A CLINICAL LABORATORY WHILE LICENSED AS A
 HISTOTECHNICIAN  IN  NEW  YORK OR ANOTHER JURISDICTION ACCEPTABLE TO THE
 DEPARTMENT; OR
   (B) TWO YEARS' EXPERIENCE IN A CLINICAL LABORATORY WHILE CERTIFIED  AS
 A HISTOTECHNICIAN BY A NATIONAL CERTIFICATION ORGANIZATION ACCEPTABLE TO
 THE DEPARTMENT.
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   7.  FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   §  11.  Subdivision  1  and paragraphs (a) and (b) of subdivision 2 of
 section 8608 of the education law, subdivision 1 as  amended  and  para-
 graphs  (a) and (b) of subdivision 2 as added by chapter 147 of the laws
 of 2018, are amended to read as follows:
   1. Limited permit. On the recommendation of the board, the  department
 may  issue a limited permit to practice as a clinical laboratory practi-
 tioner to an applicant who has met all requirements for licensure  as  a
 clinical laboratory technologist or cytotechnologist, HISTOTECHNOLOGIST,
 or  certification  as  a clinical laboratory technician or [histological
 technician] HISTOTECHNICIAN, except those relating  to  the  examination
 and provided that the individual is under the general supervision 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  addi-
 tional year] TWO YEARS AND SHALL NOT BE RENEWABLE.
   (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  technolo-
 gist  or [histological technician] HISTOTECHNICIAN and provided that the
 individual is under the general supervision of the director of  a  clin-
 ical  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 valid for a period of
 not  more  than  [one year, and may be renewed, at the discretion of the
 department, for one additional year] TWO YEARS AND SHALL NOT BE  RENEWA-
 BLE.
   (b) To qualify for a provisional permit, the applicant shall:
   (i) file [an] A PROVISIONAL PERMIT 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-
 A. 10162--A                         7
 
 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] HISTOTECHNICIAN, have received an education, including an  associ-
 ate'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] FIFTY dollars for a provi-
 sional permit [provided that the fee  for  a  provisional  permit  as  a
 histological technician shall be two hundred forty-five dollars.];
   (VI) FILE A LICENSURE APPLICATION WITH THE DEPARTMENT; AND
   (VII)  PAY THE LICENSURE FEE AS OUTLINED IN SECTION EIGHTY-SIX HUNDRED
 SIX OF THIS ARTICLE.
   § 12. Subdivision 1 of section 8609 of the education law,  as  amended
 by chapter 204 of the laws of 2008, is amended to read as follows:
   1.  the  practice,  conduct,  activities,  or  services  by any person
 licensed or otherwise authorized to practice medicine within  the  state
 pursuant  to  article  one hundred thirty-one-B of this title, or by any
 person registered to  perform  services  as  a  physician  assistant  or
 specialist  assistant  within  the state pursuant to article one hundred
 thirty-one-B of this title,  or  by  any  person  licensed  to  practice
 dentistry  within the state pursuant to article one hundred thirty-three
 of this title, or by any person licensed to practice podiatry within the
 state pursuant to article one hundred forty-one of this title, or by any
 person certified as a nurse practitioner within the  state  pursuant  to
 article one hundred thirty-nine of this title, or by any person licensed
 to  perform  services  as a respiratory therapist or respiratory therapy
 technician under article one hundred sixty-four of this  title,  or  any
 person licensed to practice midwifery within the state pursuant to arti-
 cle  one  hundred  forty of this title, or a person licensed to practice
 nursing pursuant to article one hundred thirty-nine of this title, or  a
 person  licensed  to  practice  pursuant  to  article thirty-five of the
 public health law; provided, however, that no such person shall use  the
 titles licensed CLINICAL laboratory technologist, LICENSED cytotechnolo-
 gist,  LICENSED  HISTOTECHNOLOGIST,  [or]  certified CLINICAL laboratory
 technician, OR CERTIFIED HISTOTECHNICIAN, unless licensed  or  certified
 under this article; or
   §  13.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided however, that section ten  of
 this  act shall take effect eighteen months after it shall have become a
 law.  Effective immediately, the state education department  is  author-
 ized  to  promulgate  regulations that may be required and to take other
 measures necessary to implement this act  prior  to  the  aforementioned
 effective dates, including acceptance and processing of applications for
 licensing.