§ 8607 — Special provisions

§ 8607. Special provisions. 1. Notwithstanding the requirements of\nsection eighty-six hundred five and eighty-six hundred six of this\narticle, and until July first, two thousand nine, an individual may be\nlicensed as a clinical laboratory technology practitioner, as defined in\nsection eighty-six hundred one of this article, provided that an\nindividual may be licensed pursuant to subparagraph (vi) of paragraph\n(a) or subparagraph (iii) of paragraph (b) of this subdivision until\nDecember thirty-first, two thousand thirteen provided such person:\n (a) In the case of clinical laboratory technologist, has either:\n (i) met the educational requirements for clinical laboratory\ntechnologist as defined in section eighty-six hundred five of this\narticle and has been performing the duties of a clinical laboratory\ntechnologist for two of the past five years prior to December\nthirty-first, two thousand seven; or completed an approved baccalaureate\ndegree program in biological, chemical or physical sciences from an\naccredited college or university and has been performing the duties of a\nclinical laboratory technologist for two of the past five years prior to\nDecember thirty-first, two thousand seven;\n (ii) been engaged full-time in the education of clinical laboratory\npractitioners for the equivalent of two of the past five years prior to\nDecember thirty-first, two thousand seven;\n (iii) performed the duties of a clinical laboratory technologist for\nat least five years prior to December thirty-first, two thousand seven\nas verified by a director of a clinical laboratory;\n (iv) become previously qualified under other regulatory requirements\nfor that license or its equivalent;\n (v) become a currently certified clinical laboratory technician with a\nbachelor's degree from an accredited college that includes a minimum\nnumber of credit hours in the sciences and four years of documented work\nexperience as a clinical laboratory technician, acceptable to the\ndepartment; or\n (vi) become qualified to perform the duties of a clinical laboratory\ntechnologist in a clinical laboratory operated in accordance with title\nfive of article five of the public health law and the regulations\npromulgated thereunder, and competently performed the duties of a\nclinical laboratory technologist in a clinical laboratory for a period\nof not less than six months in the three years immediately preceding\nDecember thirty-first, two thousand seven as verified by a director of\nthe clinical laboratory.\n (b) In the case of a clinical laboratory technician, has either:\n (i) met the educational requirements of a clinical laboratory\ntechnician as defined in section eighty-six hundred six of this article\nand performed the duties of a clinical laboratory technician for two of\nthe past five years prior to December thirty-first, two thousand seven;\n (ii) performed the duties of a clinical laboratory technician for at\nleast five years prior to December thirty-first, two thousand seven or\nhas previously qualified under other regulatory requirements for such a\ncertification or such certification's equivalent; or\n (iii) become qualified to perform the duties of a clinical laboratory\ntechnician in a clinical laboratory operated in accordance with title\nfive of article five of the public health law and the regulations\npromulgated thereunder, and competently performed the duties of a\nclinical laboratory technician in a clinical laboratory for a period of\nnot less than six months in the three years immediately preceding\nDecember thirty-first, two thousand seven as verified by a director of\nthe clinical laboratory.\n (c) In the case of cytotechnologist, has either:\n (i) met the educational requirements of a cytotechnologist as defined\nin section eighty-six hundred five of this article and performed the\nduties of a cytotechnologist for two of the previous five years prior to\nDecember thirty-first, two thousand seven;\n (ii) performed the duties of a cytotechnologist for at least five\nyears prior to December thirty-first, two thousand seven as verified by\na director of a clinical laboratory; or\n (iii) has previously qualified under other regulatory requirements for\nsuch a license or such license's equivalent.\n (d) In the case of a histological technician, has either:\n (i) met the educational requirements of a histological technician as\ndefined in section eighty-six hundred six-a of this article and\nperformed the duties of a histological technician for two of the past\nfive years prior to December thirty-first, two thousand seven;\n (ii) performed the duties of a histological technician for at least\nfive years prior to December thirty-first, two thousand seven or has\npreviously qualified under other regulatory requirements for such a\ncertification or such certification's equivalent; or\n (iii) become qualified to perform the duties of a histological\ntechnician in a clinical laboratory operated in accordance with title\nfive of article five of the public health law and the regulations\npromulgated thereunder, and competently performed the duties of a\nhistological technician in a clinical laboratory for a period of not\nless than six months in the three years immediately preceding December\nthirty-first, two thousand seven as verified by a director of the\nclinical laboratory.\n 2. For the purposes of subdivision one of this section, it shall be\ndetermined that the filing of an application with the department on or\nbefore January first, two thousand nine shall qualify for purposes of\nsuch subdivision, regardless of the time period required for processing\nsuch application, provided that an application for licensure pursuant to\nsubparagraph (vi) of paragraph (a), subparagraph (iii) of paragraph (b),\nor subparagraph (iii) or paragraph (d) of subdivision one of this\nsection shall be submitted on or before September first, two thousand\nthirteen.\n 3. The commissioner may adopt such regulations as appropriate to\nlicense or certify individuals who hold valid licenses, certifications\nor their equivalent in another state or country, provided the standards\nfor granting licenses or certifications to such individuals are not less\nthan the standards required of persons otherwise licensed or certified\npursuant to this article.\n