§ 8601 — Definition of the practice of clinical laboratory technology and clinical laboratory technology practitioner

§ 8601. Definition of the practice of clinical laboratory technology\nand clinical laboratory technology practitioner. 1. "Clinical laboratory\ntechnology" means the performance of microbiological, virological,\nserological, chemical, immunohematological, hematological, biophysical,\ncytogenetical, cytological or histological procedures and examinations\nand any other test or procedure conducted by a laboratory as defined by\ntitle five of article five of the public health law, on material derived\nfrom the human body which provides information for the diagnosis,\nprevention or treatment of a disease or assessment of a human medical\ncondition.\n 2. A "clinical laboratory practitioner" means clinical laboratory\ntechnologists, cytotechnologists, histotechnologists, clinical\nlaboratory technicians, and histotechnicians as such terms are defined\nin this subdivision, who practice clinical laboratory technology in a\nlicensed clinical laboratory. For the purposes of this article, a\nlicensed clinical laboratory does not include a laboratory operated by\nany licensed physician, dentist, podiatrist, midwife or certified nurse\npractitioner who performs laboratory tests or procedures, personally or\nthrough his or her employees, solely as an adjunct to the treatment of\nhis or her own patients.\n (a) "Clinical laboratory technologist" means a clinical laboratory\npractitioner who, pursuant to established and approved protocols of the\ndepartment of health, performs clinical laboratory procedures and\nexaminations and any other tests or procedures conducted by a clinical\nlaboratory, including maintaining equipment and records, and performing\nquality assurance activities related to examination performance, and\nwhich require the exercise of independent judgment and responsibility,\nas determined by the department.\n (b) "Cytotechnologist" means a clinical laboratory practitioner who,\npursuant to established and approved protocols of the department of\nhealth, performs cytological procedures and examinations and any other\nsuch tests including maintaining equipment and records and performing\nquality assurance activities related to examination performance, and\nwhich require the exercise of independent judgment and responsibility,\nas determined by the department.\n (c) "Histotechnologist" means a clinical laboratory practitioner who\npursuant to established and approved protocols of the department of\nhealth performs slide based histological assays, tests, and procedures\nand any other such tests conducted by a clinical histology laboratory,\nincluding maintaining equipment and records and performing quality\nassurance activities relating to procedure performance on histological\ntesting of human tissues, and which requires the exercise of independent\njudgment and responsibility as determined by the department.\n (d) "Clinical laboratory technician" means a clinical laboratory\npractitioner who performs clinical laboratory procedures and\nexaminations pursuant to established and approved protocols of the\ndepartment of health, which require limited exercise of independent\njudgment and which are performed under the supervision of a clinical\nlaboratory technologist, laboratory supervisor, or director of a\nclinical laboratory.\n (e) "Histotechnician" means a clinical laboratory practitioner who\npursuant to established and approved protocols of the department of\nhealth performs slide based histological assays, tests, and procedures\nand any other such tests conducted by a clinical histology laboratory,\nincluding maintaining equipment and records and performing quality\nassurance activities relating to procedure performance on histological\ntesting of human tissues and which requires limited exercise of\nindependent judgment and is performed under the supervision of a\nlaboratory supervisor, designated by the director of a clinical\nlaboratory or under the supervision of the director of the clinical\nlaboratory.\n (f) "Director of a clinical laboratory" means a director as that term\nis defined in section five hundred seventy-one of the public health law.\n (g) "Laboratory supervisor" means an individual who, under the general\ndirection of the laboratory director, supervises technical personnel and\nreporting of findings, performs tests requiring special scientific\nskills, and, in the absence of the director, is responsible for the\nproper performance of all laboratory procedures.\n