N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 79-13.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 79-13.4 - Special provisions

(a) In accordance with section 8607 (1)(a) of the Education Law, an applicant may be licensed by the department as a clinical laboratory technologist by meeting the requirements of this section. The applicant must apply for licensure under this section by January 1, 2009, except as otherwise provided in subparagraph (b)(4)(vii) of this section, and shall meet the requirements for licensure under this section by July 1, 2009, unless the particular requirement prescribes an earlier date for completion, in which case the requirement must be completed by that earlier date.

(b) The applicant shall:

(1) file the application for licensure with the department and pay the fee for the initial license and the fee for the first registration period, as prescribed in section 8605 (1) of the Education Law, all by January 1, 2009, except as otherwise provided in subparagraph (4)(vii) of this subdivision;

(2) be of good moral character as determined by the department;

(3) be at least 18 years of age; and

(4) meet one of the following requirements:

(i) the applicant shall meet the professional education requirement for licensure, as prescribed in section 79-13.1 of this Subpart by July 1, 2009, and shall have successfully performed the duties of a clinical laboratory technologist for two years, meaning 2,880 clock hours, over the five years immediately preceding December 31, 2007; or

(ii) the applicant shall have successfully completed by July 1, 2009 a baccalaureate or higher degree program in the major of biology, chemistry, or the physical sciences offered by an institution that is accredited by an acceptable accrediting agency, meaning an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for these purposes by the U.S. Department of Education or that is recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as an institution authorized to offer postsecondary degree study, and shall have successfully performed the duties of a clinical laboratory technologist for two years, meaning 2,880 clock hours, over the five years immediately preceding December 31, 2007; or

(iii) the applicant has been engaged full-time as a faculty member or managing administrator involved directly in the development or planning of curricula or the provision of instruction for education programs in clinical laboratory technology for clinical laboratory practitioners, at an organized entity that provides postsecondary education, for the equivalent of two years, meaning 2,700 clock hours, over the five years immediately preceding December 31, 2007; or

(iv) the applicant shall have successfully performed the duties of a clinical laboratory technologist for five years, meaning 7,200 clock hours, prior to December 31, 2007, as verified in writing by director of clinical laboratory, as defined in section 571 of the Public Health Law; or

(v) the applicant, at the time of application, shall have been previously qualified for a license or its equivalent to practice as a clinical laboratory technologist in New York State through other regulatory requirements of a governmental unit of New York State authorized by law to qualify individuals for such licensure or its equivalent; or

(vi) the applicant, at the time of application, shall be currently certified as a clinical laboratory technician, and by July 1, 2009 shall hold a baccalaureate or higher degree based upon successful completion of a baccalaureate or higher degree program in the major of biology, chemistry, or the physical sciences offered by an institution that is accredited by an acceptable accrediting agency, meaning an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for these purposes by the U.S. Department of Education or that is recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as an institution authorized to offer postsecondary degree study, and by July 1, 2009 shall have successfully performed the duties of a clinical laboratory technician for four years, meaning 5,760 clock hours; or

(vii) the applicant shall have competently performed the duties of a clinical laboratory technologist in a clinical laboratory operated in accordance with title V of article 5 of the Public Health Law and the regulations promulgated thereunder for a period of not less than six months, meaning 720 clock hours, over the three years immediately preceding December 31, 2007 as verified by a director of the clinical laboratory, and the applicant shall have applied for licensure and have paid the fee for the initial license and the fee for the first registration period on or before September 1, 2013.

(c) In accordance with section 8607 (2) of the Education Law, an individual who on or before January 1, 2009 files with the department an application for licensure as a clinical laboratory technologist under this section and certifies to a good faith belief that he or she has or will have met the requirements for licensure under this section by the prescribed completion dates which shall in no case be later than July 1, 2009, shall be deemed qualified to practice as a clinical laboratory technologist from the date of filing the application with the department until such time as the department has acted upon such application.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 79-13.4