§ 8610 — Restricted clinical laboratory licenses

§ 8610. Restricted clinical laboratory licenses. 1. Restricted\nclinical laboratory license.\n (a) The department may issue a restricted license pursuant to which\nthe restricted licensee may receive a certificate to perform certain\nexaminations and procedures within the definition of clinical laboratory\ntechnology set forth in subdivision one of section eighty-six hundred\none of this article, provided that such a restricted licensee may\nperform examinations and procedures only in those of the following areas\nwhich are specifically listed in his or her certificate:\nhistocompatibility, cytogenetics, stem cell process, flow\ncytometry/cellular immunology, molecular testing, and toxicology (under\nparagraph (b-1) of this subdivision).\n (b) Notwithstanding paragraph (a) of this subdivision, restricted\nlicensees employed at National Cancer Institute designated cancer\ncenters or at teaching hospitals that are eligible for distributions\npursuant to paragraph (c) of subdivision three of section twenty-eight\nhundred seven-m of the public health law may receive a certificate that\nalso includes the practice of molecular testing including but not\nlimited to genetic testing-molecular and molecular oncology, and\nrestricted licensees employed at national cancer institute designated\ncancer centers may receive a certificate that includes the use of mass\nspectrometry or any tests and procedures acceptable to the commissioner\nof health, in consultation with the commissioner, in the field of\nproteomics, provided that such certificate holders may practice in such\nadditional areas only at such centers, teaching hospitals or other sites\nas may be designated by the commissioner.\n (b-1) Only individuals employed in a New York state department of\nhealth authorized toxicology laboratory, operating under the direction\nof a clinical laboratory director, may obtain a certificate in\ntoxicology.\n (c) To qualify for a restricted license, an applicant shall:\n (i) file an application with the department;\n (ii) have received an education, including a bachelor's degree in the\nbiological, chemical, or physical sciences or in mathematics from a\nprogram registered by the department or determined by the department to\nbe the substantial equivalent;\n (iii) have completed a training program with a planned sequence of\nsupervised employment or engagement in activities appropriate for the\narea of certification, which training program is satisfactory to the\ndepartment in quality, breadth, scope and nature and is provided by an\nentity that shall be responsible for the services provided. The training\nprogram shall be described and attested to by the clinical director of\nthe laboratory in which it is located prior to the beginning of the\nprogram. The duration of the training program shall be one year of\nfull-time training in the specific areas in which the applicant is\nseeking certification or the part-time equivalent thereof, as determined\nby the department, and the successful completion of such program shall\nbe certified by a laboratory director who is responsible for overseeing\nsuch program;\n (iv) be at least eighteen years of age;\n (v) be of good moral character as determined by the department; and\n (vi) pay a fee of one hundred seventy-five dollars for an initial\nrestricted license and a fee of one hundred seventy dollars for each\ntriennial registration period.\n (d) Each restricted licensee shall register with the department as\nrequired of licensees pursuant to section sixty-five hundred two of this\ntitle and shall be subject to the disciplinary provisions applicable to\nlicensees pursuant to subarticle three of article one hundred thirty of\nthis title.\n 2. The board of regents and the department are authorized to adopt\nsuch rules and regulations as may be necessary to implement the\nprovisions of this section.\n 3. Nothing in this section shall restrict a clinical laboratory\npractitioner, as defined in subdivision two of section eighty-six\nhundred one of this article, from performing any of the examinations or\nprocedures which restricted clinical laboratory licensees are permitted\nto perform under this section and which such clinical laboratory\npractitioner is otherwise authorized to perform.\n