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S08140 Summary:

Amd §§8608 & 8610, rpld §8610 sub 2, Ed L
Relates to a provisional permit for clinical laboratory technology.
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S08140 Actions:

05/04/2018PRINT NUMBER 8140A
06/19/2018SUBSTITUTED BY A9966A
 A09966 AMEND=A Magnarelli
 03/02/2018referred to higher education
 05/07/2018amend and recommit to higher education
 05/07/2018print number 9966a
 05/14/2018reported referred to codes
 05/31/2018reported referred to ways and means
 06/07/2018reported referred to rules
 06/12/2018rules report cal.114
 06/12/2018ordered to third reading rules cal.114
 06/13/2018passed assembly
 06/13/2018delivered to senate
 06/19/2018SUBSTITUTED FOR S8140A
 06/19/20183RD READING CAL.2006
 06/19/2018PASSED SENATE
 07/19/2018delivered to governor
 07/31/2018signed chap.147
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S08140 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      April 6, 2018
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee on Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the education law, in relation to a  provisional  permit
          for  clinical  laboratory  technology;  and to repeal subdivision 2 of
          section 8610 of the education law relating to a  limited  license  for
          clinical laboratory technology
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 8608 of the education law, as  amended  by  chapter
     2  204 of the laws of 2008, is amended to read as follows:
     3    §  8608.  Limited  and  provisional permits. 1. Limited permit. On the
     4  recommendation of the board, the department may issue a  limited  permit
     5  to  practice  as  a clinical laboratory practitioner to an applicant who
     6  has met all requirements for licensure as a clinical laboratory technol-
     7  ogist or cytotechnologist or  certification  as  a  clinical  laboratory
     8  technician  or  histological  technician,  except  those relating to the
     9  examination and provided that the individual is under the general super-
    10  vision of the director of a clinical laboratory, as  determined  by  the
    11  department.  This limited permit shall be valid for a period of not more
    12  than one year, and may be renewed, at the discretion of the  department,
    13  for one additional year.
    14    2.  Provisional  permit.  (a)  On the recommendation of the board, the
    15  department may issue a provisional permit  to  practice  as  a  clinical
    16  laboratory  practitioner  to  an applicant who is employed in a clinical
    17  laboratory for the purpose of enabling the  applicant  to  complete  the
    18  education requirements and/or to pass the exam required for licensure as
    19  a  clinical  laboratory  technologist  or  histological  technician  and
    20  provided that the individual is under the  general  supervision  of  the
    21  director  of a clinical laboratory, as determined by the department, and
    22  provided further that the applicant meets the requirements  outlined  in
    23  paragraph  (b)  of  this subdivision.   This provisional permit shall be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8140--A                          2
     1  valid for a period of not more than one year, and may be renewed, at the
     2  discretion of the department, for one additional year.
     3    (b) To qualify for a provisional permit, the applicant shall:
     4    (i) file an application with the department;
     5    (ii) have at least one of the following enumerated qualifications:
     6    (A)  be  licensed as a clinical laboratory technologist, or the equiv-
     7  alent as determined  by  the  department,  in  another  jurisdiction  or
     8  possess a current certification in a clinical laboratory technology from
     9  a national certification organization acceptable to the department; or
    10    (B)  have received both an education, including a bachelor's degree in
    11  the biological, chemical, or physical sciences, and training in a  clin-
    12  ical  laboratory, provided that such education and training are accepta-
    13  ble to the department; or
    14    (C) have received a bachelor's degree in the biological, chemical,  or
    15  physical  sciences  or  in  mathematics,  and  have served as a research
    16  assistant in a research laboratory, under the direction of the  director
    17  or  the principal researcher of such research laboratory, working on the
    18  research and development  of  any  procedures  and  examinations  to  be
    19  conducted  by  a laboratory, as defined in title five of article five of
    20  the public health law, on material derived from  the  human  body  which
    21  provides  information  for  the  diagnosis, prevention or treatment of a
    22  disease or assessment of a human medical condition; or
    23    (D) for those seeking a provisional permit as a  histological  techni-
    24  cian,  have  received an education, including an associate's degree that
    25  includes a minimum number of credit hours in the sciences, provided that
    26  such education is acceptable to the department;
    27    (iii) be at least eighteen years of age;
    28    (iv) be of good moral character as determined by the department; and
    29    (v) pay a fee of three hundred forty-five dollars  for  a  provisional
    30  permit  provided that the fee for a provisional permit as a histological
    31  technician shall be two hundred forty-five dollars.
    32    (c) Each provisional permit  shall  be  subject  to  the  disciplinary
    33  provisions applicable to licensees pursuant to subarticle three of arti-
    34  cle one hundred thirty of this title.
    35    3.  The  board  of  regents and the department are authorized to adopt
    36  such rules  and  regulations  as  may  be  necessary  to  implement  the
    37  provisions of this section.
    38    §  2.  Subdivision 2 of section 8610 of the education law is REPEALED,
    39  subdivision 3 is renumbered subdivision 2 and the  section  heading  and
    40  subdivision  4, as added by chapter 204 of the laws of 2008, are amended
    41  to read as follows:
    42    Restricted clinical laboratory [and limited] licenses.
    43    [4.] 3. Nothing in this section shall restrict a  clinical  laboratory
    44  practitioner,  as  defined  in  subdivision  two  of  section eighty-six
    45  hundred one of this article, from performing any of the examinations  or
    46  procedures  which  restricted clinical laboratory licensees [and limited
    47  licensees] are permitted to perform under this section  and  which  such
    48  clinical laboratory practitioner is otherwise authorized to perform.
    49    § 3. This act shall take effect immediately.
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