NY State Senate Bill 2021-S7020B

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2022	signed chap.446
Jul 11, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.637 substituted for a10162a
May 31, 2022	referred to higher education delivered to assembly passed senate
May 23, 2022	amended on third reading 7020b
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1243
Apr 26, 2022	print number 7020a
Apr 26, 2022	amend and recommit to higher education
Jan 05, 2022	referred to higher education
May 24, 2021	referred to higher education

Votes

- May 31, 2022 - Floor Vote
  S7020B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 10, 2022 - Higher Education Committee Vote
  S7020B
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 10, 2022
      
      aye (11)
      
      Boyle
      
      Cooney
      
      Gaughran
      
      Gounardes
      
      Griffo
      
      Jackson
      
      Liu
      
      Oberacker
      
      Parker
      
      Rivera
      
      Stavisky

Bill Amendments

Original

B (Active)

2021-S7020 - Details

See Assembly Version of this Bill:: A10162
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally

2021-S7020 - Summary

Relates to requirements for certain clinical laboratory practitioners; includes certain acceptable types of education for clinical laboratory technologists, cytotechnologists, clinical laboratory technicians, histotechnologists and histotechnicians; outlines requirements for certification as a histotechnician.

2021-S7020 - Sponsor Memo

                                
 
BILL NUMBER: S7020

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to requirements for
certain clinical laboratory practitioners

 
PURPOSE OR GENERAL IDEA OF BILL:

To make changes to the Clinical Laboratory Technology Practice Act to
address staffing shortage issues in New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 8601 of the education law to add a
new definition for a histological technologist.

Section 2 of the bill amends section 8602 of the education law to add
the new title of histological technologist.

Section 3 of the bill amends section 8605 (1)(b) of the education law to
allow national licensing and certification to fulfill the education
requirements for a clinical laboratory technologist in New York and to
create a pathway for a clinical laboratory technician to become a clin-
ical laboratory technologist.

Section 4 of the bill amends section 8605 (2)(b) of the education law to
allow national licensing and certification to fulfill the education
requirements for a cytotechnologist in New York.

Section 5 of the bill amends section 8606 (2) of the education law to
allow national licensing and certification to fulfill the education
requirements for a clinical laboratory technician in New York.

Section 6 of the bill repeals section 8606-A and replaces it with a new
8606A to create the title of histological technologist.

Section 7 of the bill creates a new section 8606-B which are the
requirements for a histological technician that were previously
contained in 8606-A.

Section 8 of the bill amends section 8608 (2)(v) which amend the fee
paid by an applicant for a provisional permit.

Section 9 is the effective date of the bill.

 
JUSTIFICATION:

This bill would make several changes to the clinical laboratory technol-
ogy practice act to better reflect the changes in the field since the
bill was first passed in New York and allow New York to recognize and
recruit more laboratory employees, which are in greater demand than they
have ever been before.

Pre-pandemic the shortage rate was 20%, and since the pandemic, the
shortage has become even greater. The number of graduates in the current
programs recognized by SED is insufficient to meet the demand for the
openings that exist in the field, so legislation is needed to allow the
flexibility to recruit qualified workers who aren't recent graduates. In
addition, there is a conservative estimate that 10% of the current work-
force plans to retire within the next five years. It is highly likely
that this number is significantly higher. Further, this shortage of
personnel has been further exacerbated by the COVID-19 pandemic, where
testing is essential to diagnosing patients and is key to combatting the
pandemic. The personnel currently in the field have been overworked for
well over a year and burnout is at an all time high. Changes must be
made to ensure new clinical laboratory personnel can be brought into New
York to meet the increased demand on the clinical laboratory industry.

Several of the changes in the bill focus on amending the education
requirements for all clinical laboratory titles to allow the State
Education Department (SED) to recognize national licenses and certif-
ications that fulfill the education requirements in New York.  Though
New York standards were originally based on the national standards, the
national standards have changed over the years meaning that there is no
pathway for someone who meets the national standards to gain licensure
in New York without having to meet a separate set of standards specific
to New York. This duplicative requirement is greatly impacting the abil-
ity of New York's laboratories to recruit qualified and educated clin-
ical laboratory employees. This change will allow SED to determine which
national licenses and certifications are acceptable to New York and
allow future flexibility as standards evolve to meet the ever-changing
demands in the healthcare field.

This legislation would also create the title of histological technolo-
gist. The original clinical laboratory practice act created the position
of histological technician, but it did not create the higher technolo-
gist position. As such, if someone is a histological technologist, they
can only practice as a technician in New York, a position beneath their
education, experience, and credentials.  Additionally, without a histo-
logical technologist position it is impossible for an experienced worker
to qualify as a supervisor in a histology laboratory.

Further, this legislation will create a pathway for clinical laboratory
and histological technicians to become technologists.  Under the current
law, there is no pathway for a technician to easily become a technolo-
gist and advance their career and job responsibilities. This legislation
will correct this issue and create a pathway for this transition.

Finally, this legislation would change the fee for the provisional
permit that applicants can seek in New York as they undergo an education
review. The current law has a fee that is equivalent to the full licen-
sure fee. This was an oversight when the provisional permit was created,
and this bill will fix the fee to match what is paid by other
professions when applying for a provisional permit.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
60 days

2021-S7020 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7020
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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. Subdivision 2 of section  8601  of  the  education  law  is
 amended by adding a new paragraph (g) to read as follows:
   (G)  "HISTOLOGICAL  TECHNOLOGIST"  MEANS A CLINICAL LABORATORY PRACTI-
 TIONER WHO PURSUANT TO ESTABLISHED AND APPROVED PROTOCOLS OF THE DEPART-
 MENT 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 HISTO-
 LOGICAL TESTING OF HUMAN TISSUES.
   § 2. 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  HISTOLOGY  and use of the titles "licensed clinical laboratory
 technologist" [and], "licensed cytotechnologist" AND "LICENSED HISTOLOG-
 ICAL TECHNOLOGIST".  No person shall practice clinical laboratory  tech-
 nology or hold himself or herself out as a clinical laboratory technolo-
 gist,  or  a  cytotechnologist,  OR  A HISTOLOGICAL TECHNOLOGIST in this
 state unless he or she is licensed or exempt pursuant to this article.
   § 3. Paragraph (b) of subdivision 1 of section 8605 of  the  education
 law,  as added by chapter 755 of the laws of 2004, is amended to read as
 follows:
   (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 have received a bachelor's degree that includes a minimum
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11276-01-1

 S. 7020                             2
 
 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  equiv-
 alent OR BE A LICENSED OR NATIONALLY CERTIFIED CLINICAL LABORATORY TECH-
 NOLOGIST FROM AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT OR BE A
 LICENSED  OR NATIONALLY CERTIFIED CLINICAL LABORATORY TECHNICIAN FROM AN
 ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT  AND  COMPLETE  A  BACH-
 ELOR'S DEGREE IN A NATURAL SCIENCE WITH TWO YEARS OF CLINICALLY RELEVANT
 WORK EXPERIENCE ACCEPTABLE TO THE DEPARTMENT;
   §  4.  Paragraph (b) of subdivision 2 of section 8605 of the education
 law, as added by chapter 755 of the laws of 2004, is amended to read  as
 follows:
   (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 OR BE  A  LICENSED  OR  NATIONALLY
 CERTIFIED  CYTOTECHNOLOGIST FROM AN ACCREDITING AGENCY ACCEPTABLE TO THE
 DEPARTMENT;
   § 5. 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  HAVE  RECEIVED  AN  ASSOCIATE'S  DEGREE  THAT
 INCLUDES  A  MINIMUM NUMBER OF CREDIT HOURS IN THE SCIENCES AND RECEIVED
 APPROPRIATE CLINICAL  EDUCATION  IN  A  CLINICAL  LABORATORY  TECHNICIAN
 PROGRAM  APPROVED BY THE DEPARTMENT OR A PROGRAM TO BE DETERMINED BY THE
 DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT OR BE  A  LICENSED  CLINICAL
 LABORATORY  TECHNICIAN OR NATIONALLY CERTIFIED CLINICAL LABORATORY TECH-
 NICIAN FROM AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT;
   § 6. Subdivision 2 of section 8606-a of the education law, as added by
 chapter 204 of the laws of 2008, is amended to read as follows:
   2. Education: have received an  education,  including  an  associate's
 degree  from  an  approved histological technician 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 mini-
 mum  number  of  credit  hours  in the sciences and received appropriate
 clinical education in a histological technician program approved by  the
 department  or  a  program  to be determined by the department to be the
 substantial equivalent OR  BE  A  LICENSED  HISTOLOGICAL  TECHNICIAN  OR
 NATIONALLY  CERTIFIED HISTOLOGICAL TECHNICIAN FROM AN ACCREDITING AGENCY
 ACCEPTABLE TO THE DEPARTMENT;
   § 7.  The education law is amended by adding a new section  8606-b  to
 read as follows:
   §  8606-B.  REQUIREMENTS FOR CERTIFICATION AS A HISTOLOGICAL TECHNOLO-
 GIST.  FOR CERTIFICATION AS A HISTOLOGICAL TECHNOLOGIST UNDER THIS ARTI-
 CLE, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. EDUCATION: HAVE  RECEIVED  AN  EDUCATION,  INCLUDING  A  BACHELOR'S
 DEGREE  FROM AN APPROVED HISTOLOGICAL TECHNOLOGIST 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

 S. 7020                             3
 
 EDUCATION IN A HISTOLOGICAL TECHNOLOGIST PROGRAM APPROVED BY THE DEPART-
 MENT, OR A PROGRAM TO BE DETERMINED BY THE DEPARTMENT TO BE THE SUBSTAN-
 TIAL  EQUIVALENT,  OR BE A LICENSED OR NATIONALLY CERTIFIED HISTOLOGICAL
 TECHNOLOGIST  FROM AN ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT OR
 BE A LICENSED OR NATIONALLY CERTIFIED HISTOLOGICAL  TECHNICIAN  FROM  AN
 ACCREDITING  AGENCY  ACCEPTABLE  TO  THE DEPARTMENT AND COMPLETE A BACH-
 ELOR'S DEGREE IN A NATURAL SCIENCE WITH TWO YEARS OF CLINICALLY RELEVANT
 WORK EXPERIENCE 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 SEVENTY-FIVE DOLLARS FOR AN  INITIAL
 CERTIFICATION AND A FEE OF ONE HUNDRED TWENTY DOLLARS FOR EACH TRIENNIAL
 REGISTRATION PERIOD.
   §  8.  Subparagraph  (v)  of paragraph (b) of subdivision 2 of section
 8608 of the education law, as added by chapter 147 of the laws of  2018,
 is amended to read as follows:
   (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 histo-
 logical technician shall be two hundred forty-five dollars.
   §  9.  This  law  shall take effect on the sixtieth day after it shall
 have become a law.

2021-S7020A - Details

See Assembly Version of this Bill:: A10162
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally

2021-S7020A - Summary

2021-S7020A - Sponsor Memo

                                 
BILL NUMBER: S7020A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to requirements for
certain clinical laboratory practitioners

 
PURPOSE OR GENERAL IDEA OF BILL:

To make changes to the Clinical Laboratory Technology Practice Act to
address staffing shortage issues in New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 8600 to update the term "histologi-
cal technicians" to "histotechnicians."

Section 2 of the bill amends section 8601 of the education law to add a
new definition for a histotechnologist and changes the term "histologi-
cal technician" to "histotechnician."

Section 3 of the bill amends section 8602 of the education law to add
the new title of histotechnologist to existing statutes governing the
operation of clinical laboratories.

Section 4 of the bill amends section 8603 of the education law to add
the term histotechnologist to existing clinical laboratory statute, and
change the term "histological technician" to "histotechnician."

Section 5 of the bill amends section 8604 of the education law to
address the role of licensed histotechnologist or histotechnician on the
state board for clinical laboratory technology.

Section 6 of the bill amends section 8605 (1)(b) of the education law to
allow national licensing and certification to fulfill the education
requirements for a clinical laboratory technologist in New York and to
create a pathway for a clinical laboratory technician to become a clin-
ical laboratory technologist.

Section 7 of the bill amends section 8605 (2)(b) of the education law to
allow national licensing and certification to fulfill the education
requirements for a cytotechnologist in New York.

Section 8 of the bill amends section 8606 (2) of the education law to
allow national licensing and certification to fulfill the education
requirements for a clinical laboratory technician in New York.

Section 9 of the bill amends section 8606-A of the education law to
change the term "histological technician" to "histotechnician," as well
as allows national licensing and certification to fulfill the education
requirements for a histotechnician in New York.

Section 10 of the bill adds a new section 8606-B of the education law to
establish the requirements for licensure of histotechnologist.

Section 11 of the bill amends section 8608 of the education law to
change the term "histological technician" to "histotechnician," as well

as amends language that deals with the process and fee paid by an appli-
cant for a provisional permit.

Section 12 of the bill amends section 8609 of the education law to
reflect the new title of licensed histotechnologist or certified histo-
technician.

Section 13 provides for the effective date.

 
JUSTIFICATION:

This bill would make several changes to the clinical laboratory technol-
ogy practice act to better reflect the changes in the field since the
bill was first passed in New York and allow New York to recognize and
recruit more laboratory employees, which are in greater demand than they
have ever been before.

Pre-pandemic the shortage rate was 20%, and since the pandemic, the
shortage has become even greater. The number of graduates in the current
programs recognized by SED is insufficient to meet the demand for the
openings that exist in the field, so legislation is needed to allow the
flexibility to recruit qualified workers who aren't recent graduates. In
addition, there is a conservative estimate that 10% of the current work-
force plans to retire within the next five years. It is highly likely
that this number is significantly higher. Further, this shortage of
personnel has been further exacerbated by the COVID-19 pandemic, where
testing is essential to diagnosing patients and is key to combating the
pandemic. The personnel currently in the field have been overworked for
over two years now and burnout is at an all-time high. Changes must be
made to ensure new clinical laboratory personnel can be brought into New
York to meet the increased demand on the clinical laboratory industry.

Several of the changes in the bill focus on amending the education
requirements for all clinical laboratory titles to allow the State
Education Department (SED) to recognize national licenses and certif-
ications that fulfill the education requirements in New York.  Though
New York standards were originally based on the national standards, the
national standards have changed over the years meaning that there is no
pathway for someone who meets the national standards to gain licensure
in New York without having to meet a separate set of standards specific
to New York. This duplicative requirement is greatly impacting the abil-
ity of New York's laboratories to recruit qualified and educated clin-
ical laboratory employees. This change, will allow SED to determine
which national licenses and certifications are acceptable to New York
and allow future flexibility as standards evolve to meet the ever-'
changing demands in the healthcare field.

This legislation would also create the title of histological technolo-
gist. The original clinical laboratory practice act created the position
of histological technician, but it did not create the higher technolo-
gist position. As such, if someone is a histological technologist, they
can only practice as a technician in New York, a position beneath their
education, experience, and credentials. Additionally, without a histo-
logical technologist position it is impossible for an experienced worker
to qualify as a supervisor in a histology laboratory. This legislation
would also amend various sections to change the title of histological
technician and histological technologist to histotechnician and histo-
technologist, which are the accepted titles in the field now.
In addition, this legislation changes the education requirements for all
licensed clinical laboratory personnel categories to allow the State
Education Department to determine that national licensing and certif-
ications can fulfill the educational requirements in New York.

Further, this legislation will create a pathway for clinical laboratory
and histological technicians to become technologists.  Under the current
law, there is no pathway for a technician to easily become a technolo-
gist and advance their career and job responsibilities. This legislation
will correct this issue and create a pathway for this transition.

This legislation would also change the fee for the provisional permit
that applicants can seek in New York as they undergo an education
review. The current law has a fee that is equivalent to the full license
fee. This was an oversight when the provisional permit was created, and
this bill will fix the fee to match what is paid by other professions
when applying for a provisional permit.

This legislation would also change the fee for the provisional permit
Finally, this legislation would amend the molecular diagnosis restricted
license definition to remove unnecessary restrictions on this license
category that is limiting the ability of those with this license to
perform the full range of molecular diagnosis testing.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
60 days after it shall become law.

2021-S7020A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7020--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education -- recom-
   mitted to the Committee on Higher Education in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11276-02-2
 S. 7020--A                          2

 
   (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.
   (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"] "HISTOTECHNICIANS" 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
 S. 7020--A                          3
 
 cytotechnologist, OR A HISTOTECHNOLOGIST in this state unless he or  she
 is  licensed  or exempt pursuant to this article, PROVIDED THAT AN INDI-
 VIDUAL LICENSED AS A CLINICAL LABORATORY TECHNOLOGIST  OR  CYTOTECHNOLO-
 GIST MAY PRACTICE THE PROFESSION OF HISTOTECHNOLOGIST.
   § 4. Section 8603 of the education law, as added 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
 [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 added 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. Paragraph (b) of subdivision 1 of section 8605 of  the  education
 law,  as added by chapter 755 of the laws of 2004, is amended to read as
 follows:
   (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 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  equiv-
 alent  OR  HAVE  RECEIVED  A  BACHELOR'S  DEGREE THAT INCLUDES A MINIMUM
 NUMBER OF CREDIT HOURS IN A NATURAL SCIENCE AND CLINICALLY RELEVANT WORK
 EXPERIENCE ACCEPTABLE TO THE DEPARTMENT, OR BE A LICENSED OR  NATIONALLY
 CERTIFIED  CLINICAL  LABORATORY  TECHNOLOGIST FROM AN ACCREDITING AGENCY
 ACCEPTABLE TO THE DEPARTMENT OR BE A LICENSED  OR  NATIONALLY  CERTIFIED
 CLINICAL  LABORATORY  TECHNICIAN  FROM  A JURISDICTION OR AN ACCREDITING
 AGENCY ACCEPTABLE TO THE DEPARTMENT AND COMPLETE A BACHELOR'S DEGREE  IN
 A  NATURAL  SCIENCE AND TWO YEARS OF CLINICALLY RELEVANT WORK EXPERIENCE
 ACCEPTABLE TO THE DEPARTMENT;
 S. 7020--A                          4
 
   § 7. Paragraph (b) of subdivision 2 of section 8605 of  the  education
 law,  as added by chapter 755 of the laws of 2004, is amended to read as
 follows:
   (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 OR BE A LICENSED  CYTOTECHNOLOGIST
 OR  NATIONALLY  CERTIFIED  CYTOTECHNOLOGIST  FROM  A  JURISDICTION OR AN
 ACCREDITING AGENCY ACCEPTABLE TO THE DEPARTMENT;
   § 8. 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  HAVE  RECEIVED  AN  ASSOCIATE'S  DEGREE  THAT
 INCLUDES  A  MINIMUM  NUMBER  OF  CREDIT  HOURS IN A NATURAL SCIENCE AND
 RECEIVED APPROPRIATE CLINICAL EDUCATION IN A CLINICAL LABORATORY TECHNI-
 CIAN PROGRAM APPROVED BY THE DEPARTMENT OR A PROGRAM TO BE 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 A
 NATURAL SCIENCE AND CLINICALLY RELEVANT WORK  EXPERIENCE  ACCEPTABLE  TO
 THE  DEPARTMENT,  OR  BE  A  LICENSED  CLINICAL LABORATORY TECHNICIAN OR
 NATIONALLY CERTIFIED CLINICAL LABORATORY TECHNICIAN FROM A  JURISDICTION
 OR AN ACCREDITING AGENCY ACCEPTABLE 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 HAVE
 RECEIVED AN ASSOCIATE'S DEGREE THAT INCLUDES A MINIMUM NUMBER OF  CREDIT
 HOURS  IN  A  NATURAL  SCIENCE  AND  CLINICALLY RELEVANT WORK EXPERIENCE
 ACCEPTABLE TO THE  DEPARTMENT,  OR  BE  A  LICENSED  HISTOTECHNICIAN  OR
 NATIONALLY CERTIFIED HISTOTECHNICIAN FROM A JURISDICTION OR AN ACCREDIT-
 ING AGENCY 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.
 S. 7020--A                          5
 
   § 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  RECEIVED  AN  EDUCATION,  INCLUDING A BACHELOR'S
 DEGREE FROM AN APPROVED  HISTOTECHNOLOGIST  PROGRAM  REGISTERED  BY  THE
 DEPARTMENT, OR DETERMINED BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIV-
 ALENT,  OR  HAVE  RECEIVED  A  BACHELOR'S DEGREE THAT INCLUDES A MINIMUM
 NUMBER OF CREDIT HOURS IN A NATURAL  SCIENCE  AND  RECEIVED  APPROPRIATE
 CLINICAL  EDUCATION  IN  A  HISTOTECHNOLOGIST  PROGRAM  APPROVED  BY THE
 DEPARTMENT, OR A PROGRAM TO BE 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 A NATURAL SCIENCE AND CLIN-
 ICALLY RELEVANT WORK EXPERIENCE ACCEPTABLE TO THE DEPARTMENT,  OR  BE  A
 LICENSED OR NATIONALLY LICENSED HISTOTECHNOLOGIST FROM A JURISDICTION OR
 AN  ACCREDITING  AGENCY ACCEPTABLE TO THE DEPARTMENT OR BE A LICENSED OR
 NATIONALLY CERTIFIED HISTOTECHNICIAN FROM A JURISDICTION OR AN ACCREDIT-
 ING AGENCY ACCEPTABLE TO THE DEPARTMENT AND COMPLETE A BACHELOR'S DEGREE
 IN A NATURAL SCIENCE AND TWO YEARS OF CLINICALLY RELEVANT  WORK  EXPERI-
 ENCE 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 SEVENTY-FIVE DOLLARS FOR AN INITIAL
 LICENSE AND A FEE OF ONE HUNDRED  SEVENTY  DOLLARS  FOR  EACH  TRIENNIAL
 REGISTRATION PERIOD.
   §  11.  Paragraphs (a) and (b) of subdivision 2 of section 8608 of the
 education law, as added by chapter 147 of the laws of 2018, are  amended
 to read as follows:
   (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.
   (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-
 S. 7020--A                          6
 
 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  laboratory  technologist,  cytotechnologist,  LICENSED
 HISTOTECHNOLOGIST, [or] certified laboratory  technician,  OR  CERTIFIED
 HISTOTECHNICIAN, unless licensed or certified under this article; or
   §  13.  This  act shall take effect on the sixtieth day after it shall
 have become a law.

2021-S7020B (ACTIVE) - Details

See Assembly Version of this Bill:: A10162
Law Section:: Education Law
Laws Affected:: Amd Ed L, generally

2021-S7020B (ACTIVE) - Summary

2021-S7020B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7020B

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to requirements for
certain clinical laboratory practitioners

 
PURPOSE OR GENERAL IDEA OF BILL:

To make changes to the Clinical Laboratory Technology Practice Act to
address staffing shortage issues in New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 8600 to update the term histologi-
cal technicians" to "histotechnicians."

Section 2 of the bill amends section 8601 of the education law to add a
new definition for a histotechnologist and changes the term "histologi-
cal technician" to "histotechnician."

Section 3 of the bill amends section 8602 of the education law to add
the new title of histotechnologist to existing statutes governing the
operation of clinical laboratories.

Section 4 of the bill amends section 8603 of the education law to add
the term histotechnologist to existing clinical laboratory statute, and
change the term "histological technician" to "histotechnician."

Section 5 of the bill amends section 8604 of the education law to
address the role of licensed histotechnologist or histotechnician on the
state board for clinical laboratory technology.

Section 6 of the bill amends section 8605 of the education law to allow
national licensing and certification to fulfill the education require-
ments for a clinical laboratory technologist in New York and to create a
pathway for a clinical laboratory technician to become a clinical labo-
ratory technologist. It also allows national licensing and certification
to fulfill the education requirements for a cytotechnologist in New
York.

Section 7 of the bill amends section 8606 (2) of the education law to
expand the educational standards for clinical laboratory technicians in
New York.

Section 8 of the bill amends section 8606 of the education law to add
new subdivision seven to allow national licensing and certification to
fulfill the education requirements for a clinical laboratory technician
in New York.

Section 9 of the bill amends section 8606-A of the education law to
change the term "histological technician" to "histotechnician," as well
as allow national licensing and certification to fulfill the education
requirements for a histotechnician in New York.

Section 10 of the bill adds a new section 8606-B of the education law to
establish the requirements for licensure of histotechnologist.

Section 11 of the bill amends section 8608 of the education law to
change the term "histological technician" to "histotechnician," as well
as amends language that deals with the process and fee paid by an appli-
cant for a provisional permit.

Section 12 of the bill amends section 8609 of the education law to
reflect the new title of licensed histotechnologist or certified histo-
technician.

Section 13 provides for the effective date.   
JUSTIFICATION:

This bill would make several changes to the clinical laboratory technol-
ogy practice act to better reflect the changes in the field since the
bill was first passed in New York and allow New York to recognize and
recruit more laboratory employees, which are in greater demand than they
have ever been before.

Pre-pandemic the shortage rate was 20%, and since the pandemic, the
shortage has become even greater. The number of graduates in the current
programs recognized by SED is insufficient to meet the demand for the
openings that exist in the field, so legislation is needed to allow the
flexibility to recruit qualified workers who aren't recent graduates. In
addition, there is a conservative estimate that 10% of the current work-
force plans to retire within the next five years. It is highly likely
that this number is significantly higher. Further, this shortage of
personnel has been further exacerbated by the COVID19 pandemic, where
testing is essential to diagnosing patients and is key to combating the
pandemic. The personnel currently in the field have been overworked for
over two years now and burnout is at an all-time high. Changes must be
made to ensure new clinical laboratory personnel can be brought into New
York to meet the increased demand on the clinical laboratory industry.

Several of the changes in the bill focus on amending the education
requirements for all clinical laboratory titles to allow the State
Education Department (SED) to recognize national licenses and certif-
ications that fulfill the education requirements in New York.  Though
New York standards were originally based on the national standards, the
national standards have changed over the years meaning that there is no
pathway for someone who meets the national standards to gain licensure
in New York without having to meet a separate set of standards specific
to New York. This duplicative requirement is greatly impacting the abil-
ity of New York's laboratories to recruit qualified and educated clin-
ical laboratory employees. This change will allow SED to determine which
national licenses and certifications are acceptable to New York and
allow future flexibility as standards evolve to meet the ever changing
demands in the healthcare field.

This legislation would also create the title of histological technolo-
gist. The original clinical laboratory practice act created the position
of histological technician, but it did not create the higher technolo-
gist position. As such, if someone is a histological technologist, they
can only practice as a technician in New York, a position beneath their
education, experience, and credentials.  Additionally, without a histo-
logical technologist position it is impossible for an experienced worker
to qualify as a supervisor in a histology laboratory. This legislation
would also amend various sections to change the title of histological
technician and histological technologist to histotechnician and histo-
technologist, which are the accepted titles in the field now. In addi-
tion, this legislation changes the education requirements for all
licensed clinical laboratory personnel categories to allow the State
Education Department to determine that national licensing and certif-
ications can fulfill the educational requirements in New York.

Further, this legislation will create a pathway for clinical laboratory
and histological technicians to become technologists.  Under the current
law, there is no pathway for a technician to easily become a technolo-
gist and advance their career and job responsibilities. This legislation
will correct this issue and create a pathway for this transition.

This legislation would also change the fee for the provisional permit
that applicants can seek in New York as they undergo an education
review. The current law has a fee that is equivalent to the full license
fee. This was an oversight when the provisional permit was created, and
this bill will fix the fee to match what is paid by other professions
when applying for a provisional permit.

This legislation would also change the fee for the provisional permit
Finally, this legislation would amend the molecular diagnosis restricted
license definition to remove unnecessary restrictions on this license
category that is limiting the ability of those with this license to
perform the full range of molecular diagnosis testing.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
180 days, after it shall become law; provided, however, that section 11
of the bill shall take effect within 18 months after it shall have
become law. Effective immediately, the state education department is
authorized to promulgate regulations that may be required and to take
other measures necessary to implement this act prior to the aforemen-
tioned effective dates, including acceptance and processing of applica-
tions for licensing.

2021-S7020B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7020--B
     Cal. No. 1243
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education -- recom-
   mitted to the Committee on Higher Education in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11276-13-2
 S. 7020--B                          2
 
 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.
   (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
 S. 7020--B                          3
 
 [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
 [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;
 S. 7020--B                          4
 
   (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
 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
 S. 7020--B                          5
 
 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) 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-
 S. 7020--B                          6
 
 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;
   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;
 S. 7020--B                          7
 
   (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] 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
 S. 7020--B                          8
 
   §  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.

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Senate Bill S7020B

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 31, 2022 - Floor Vote

Floor Vote: May 31, 2022

May 10, 2022 - Higher Education Committee Vote

Higher Education Committee Vote: May 10, 2022

Bill Amendments

2021-S7020 - Details

2021-S7020 - Summary

2021-S7020 - Sponsor Memo

2021-S7020 - Bill Text download pdf

2021-S7020A - Details

2021-S7020A - Summary

2021-S7020A - Sponsor Memo

2021-S7020A - Bill Text download pdf

2021-S7020B (ACTIVE) - Details

2021-S7020B (ACTIVE) - Summary

2021-S7020B (ACTIVE) - Sponsor Memo

2021-S7020B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7020B

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2021-S7020 - Details

2021-S7020 - Summary

2021-S7020 - Sponsor Memo

2021-S7020 - Bill Text download pdf

2021-S7020A - Details

2021-S7020A - Summary

2021-S7020A - Sponsor Memo

2021-S7020A - Bill Text download pdf

2021-S7020B (ACTIVE) - Details

2021-S7020B (ACTIVE) - Summary

2021-S7020B (ACTIVE) - Sponsor Memo

2021-S7020B (ACTIVE) - Bill Text download pdf

Comments