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Meeting of the Board of Regents | May 2008

Monday, May 5, 2008 - 11:00pm

sed seal                                                                                                 

 

 

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

FROM:

Frank Muñoz

SUBJECT:

Regulations of the Commissioner of Education Relating to the Education and Program Registration Requirements for Licensure of the Professions of Clinical Laboratory Technology, Cytotechnology and Certified Clinical Laboratory Technicians

 

DATE:

May 5, 2008

STRATEGIC GOAL:

Goal 3

AUTHORIZATION(S):

 

 

SUMMARY

 

Issue for Discussion

 

Should the Board of Regents add sections 52.38, 52.39 and 52.40 and repeal and add new sections numbered 79-13.1, 79-14.1, and 79-15.1 of the Regulations of the Commissioner of Education relating to the education and program registration requirements for the professions of clinical laboratory technology, cytotechnology and certified clinical laboratory technician?

 

Reason(s) for Consideration

             

              Required by State statute.

 

Proposed Handling

 

This item is scheduled to be discussed by the Professional Practice Committee at the May 2008 Regents meeting.  The proposed amendment will be submitted for action at the July 2008 Regents meeting.

 

Procedural History

 

A conceptual discussion of the proposed amendment was presented at the April 2008 meeting of the Professional Practice Committee. The item is now being presented as a formal discussion item with the actual regulatory language attached. Under the professional study regulations currently in effect, the interim professional study provisions were to expire on September 1, 2011. In the attached draft regulations, the expiration date has been extended until September 1, 2013 to provide sufficient time for the educational programs to transition to the new requirements.

 

A Notice of Proposed Rule Making concerning the proposed amendment was published in the State Register on May 14, 2008.

 

Background Information

 

The Clinical Laboratory Technology Practice Act was enacted by Chapter 755 of the Laws of 2004 and became effective September 1, 2006.  The new law created three new professions: clinical laboratory technologist, certified clinical laboratory technician, and cytotechnologist.  Regulations implementing the law relating to the licensing examination, the issuance of limited permits, and the grandparenting of practitioners were approved by the Board of Regents at its July 2006 meeting.  The Board of Regents also adopted interim regulations for the professional study required for entry into the three new professions. Since that time, there have been extensive discussions by the State Board for Clinical Laboratory Technology and the Department with educational programs, professional associations, members of the industry, legislators and legislative staff and others concerning the development of the professional study entry requirements.

 

The Education Department is responsible for establishing the educational requirements for the three new professions. After questions were raised by some programs concerning the originally proposed regulations, the Department engaged in a series of meetings with education program directors, professional associations, the industry, legislators and legislative staff to gather additional information and recommendations about the entry-level educational components.  On four occasions from July 2006 through November 2007, program directors from over sixty programs that are currently registered for general purposes in these professional areas were sent information describing the revised education recommendations that had been made in response to comments.  On each occasion, the program directors were asked how their programs conformed to the recommended curricula, the economic impact of implementing changes, if needed, and for additional comments. The State Board for Clinical Laboratory Technology has continuously considered these comments and made adjustments to hone the entry requirements to those considered essential by the education community, the industry and consumers.

 

As a result of those surveys, meetings, and discussions, it has been clarified that the prescribed areas of study do not require full courses in each area, but rather require curricular content as coursework; under this approach coursework in a number of areas may be included in a single course or in the clinical portion of the program, and programs have been helped to understand this concept.  Additionally, changes have been made in the areas in which coursework and/or laboratory clinical experience is required.  In March 2008, the Board recommended that the coursework in anatomy and physiology with laboratory be reworded to more clearly define its intent to “physiology, with anatomy content, and laboratory.”  At this time, they also recommended removing histological techniques as a requirement for purposes of registration as a licensure-qualifying program, but recommended reminding programs that the graduates who intend to enter this area of practice must gain the competence to do so.

 

Education Requirements

 

The State Board and Department have viewed the purpose of establishing education requirements as providing a core education that will enable practitioners to have the fundamental knowledge needed to provide competent and safe professional services and to be able to obtain ongoing education, as needed through formal education, training, or supervised experience to gain new competencies.  Since there are no statutorily based education requirements for licensees to meet in order to learn new competencies and since disciplinary rules limit licensees to practice in those areas in which they have reason to know that they are competent to practice, it is considered essential that the entry requirements for the profession be sufficient to provide a basis for entry level practice and for growth in the profession. 

 

At this time, all outstanding concerns have been addressed in the proposed education recommendations, and, from the information gathered from at least 40 of the currently registered programs, the curricular content appears to be already contained within their programs.

 

In summary, the proposed education requirements contain some content that is common to the three professions, and some content that is specific to each profession.  In all three professions, the program shall be a program leading to an appropriate degree or advanced certificate which contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/quality improvement; and which is designed to prepare graduates to practice each of the three professions using independent judgment and responsibility.  Each profession shall include curricular content in statistics, infection control and universal precautions, and ethics.  In addition, each profession shall require a supervised clinical experience of various durations, and specific content appropriate to the profession.  Clinical laboratory technologists and cytotechnologist will be required to study organic chemistry and the maintenance of equipment and records.

 

To avoid confusion, the other requirements for each area are separately listed below, although in some instances, they are the same or similar.  Some coursework areas require laboratories, which are appropriate for a program in clinical laboratory science (another name commonly used in the professions).

 

Cytotechnology: inorganic chemistry, anatomy and physiology, cell biology, cytopathology, cytopreparatory techniques, microscopic evaluation and interpretation, human genetics, immunology, and clinical microbiology.

 

Clinical laboratory technology: inorganic chemistry, analytic chemistry and/or biochemistry, clinical chemistry, physiology (with anatomy content), immunology/serology, immunohematology (Blood Bank), hematology/hemostasis, and body fluids, molecular biology and diagnostics, and microbiology and clinical microbiology, including bacteriology, mycology, parasitology, and virology.

 

Clinical laboratory technician: inorganic chemistry, clinical chemistry, physiology (with anatomy content), microbiology, including clinical microbiology, immunology and serology, hematology/hemostasis, clinical microscopy, including body fluids, and immunohematology.

 

Recommendation

 

N/A

 

Timetable for Implementation

 

The effective date of the proposed regulations is August 21, 2008.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

              Pursuant to sections 207, 210, 6501, 6504, 6507, 6508, 8605 and 8606 of the Education Law.

              1. Section 52.38 of the Regulations of the Commissioner of Education is added, effective August 21, 2008, as follows:

              52.38 Clinical laboratory technology.

              In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure as a clinical laboratory technologist, which meets the requirements of section 79-13.1 of this Title, the program shall:

              (a) be a program in clinical laboratory technology leading to a baccalaureate or higher degree or advanced certificate which contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/ quality improvement, and which is designed and conducted to prepare graduates to practice clinical laboratory technology using independent judgment and responsibility;

              (b) include coursework, which shall include a laboratory component in each area, in each of the following subject areas or their equivalent as determined by the department:

              (1) inorganic chemistry;

              (2) analytic chemistry and/or biochemistry;

              (3) clinical chemistry;

              (4) physiology, with anatomy content;

              (5) immunology/serology;

              (6) immunohematology (Blood Bank);

              (7) hematology/hemostasis, and body fluids;

              (8) molecular biology and diagnostics; and

              (9) microbiology and clinical microbiology, including bacteriology, mycology, parasitology, and virology; and

              (c) include curricular content in each of the following subject areas or their equivalent, as determined by the department:

              (1) organic chemistry;

              (2) statistics;

              (2) infection control and universal precautions (standard precautions);

              (3) the maintenance of equipment and records; and

              (4) ethics; and

              (d) include a supervised clinical experience of at least 30 hours per week for at least 24 weeks or its equivalent as determined by the department, in the practice of clinical laboratory technology, which provides the student with clinical experience that includes but is not limited to: hematology/hemostasis, clinical chemistry, immunohematology, urinalysis/body fluids, clinical microbiology, and immunology.

              2. Section 52.39 of the Regulations of the Commissioner of Education is added, effective August 21, 2008, as follows:

              52.39 Cytotechnology.

              In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure as a cytotechnologist, which meets the requirements of section 79-14.1 of this Title, the program shall:

              (a) be a program in cytotechnology leading to a baccalaureate or higher degree or advanced certificate which contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/ quality improvement; and which is designed to prepare graduates to practice cytotechnology using independent judgment and responsibility;

              (b) include coursework,  which shall include a laboratory component in each area, in each of the following subject areas or their equivalent as determined by the department:

              (1) inorganic chemistry;

              (2) anatomy and physiology;

              (3) cell biology;

              (4) cytopathology, including but not limited to, female genital tract, respiratory tract, gastro-intestinal and genitourinary tracts, body fluids, evaluation of specimens from washes and brushes of all body sites, and evaluation of specimens from fine needle aspiration biopsies of all body sites;

              (5) cytopreparatory techniques, including but not limited to, preparation, staining and processing of body samples; and

              (6) microscopic evaluation and interpretation of cytopathology of the sample types and body systems identified in paragraph (4) of this subdivision;

              (c) include curricular content in each of the following subject areas or their equivalent as determined by the department: 

              (1) organic chemistry;

              (2) mathematics and statistics;

              (3) infection control and universal precautions (standard precautions);

              (4) human genetics;

              (5) immunology;

              (6) clinical microbiology;

              (7) the maintenance of equipment and records; and

              (8) ethics; and

              (d) include a supervised clinical experience of at least 30 hours per week for at least 10 weeks or its equivalent as determined by the department, in the practice of cytotechnology. 

              3. Section 52.40 of the Regulations of the Commissioner of Education is added, effective August 21, 2008, as follows:

              52.40 Clinical laboratory technician.

              In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to certification as a clinical laboratory technician, which meets the requirements of section 79-15.1 of this Title, the program shall:

              (a) be a clinical laboratory technician program leading to an associate or higher degree which contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/ quality improvement;

              (b) include coursework, which shall include a laboratory component in each area, in each of the following subject areas or their equivalent as determined by the department:

              (1) inorganic chemistry;

              (2) clinical chemistry;

              (3) physiology, with anatomy content;

              (4) microbiology, including clinical microbiology;

              (5) immunology and serology;

              (6) hematology/ hemostasis;

              (7) clinical microscopy, including body fluids; and

              (8) immunohematology;

              (c) include curricular content in each of the following subject areas or their equivalent as determined by the department:

              (1) statistics;

              (2) infection control and universal precautions; and

              (3) ethics; and

              (d) include a supervised clinical experience of at least 30 hours per week for at least 10 weeks or its equivalent as determined by the department, in the practice of clinical laboratory technician, which provides the student with clinical experience that includes but is not  limited to: hematology, hemostasis, immunohematology, immunology, clinical chemistry, urinalysis/body fluids, and clinical microbiology.

              4.  Section 79-13.1 of the Regulations of the Commissioner of Education is repealed and new section 79-13.1 is added, effective August 21, 2008, as follows:

              79-13.1 Professional study of clinical laboratory technology.

              (a)  Applicability.  For purposes of this section, applicants applying for licensure as a clinical laboratory technologist prior to September 1, 2013, shall meet the professional education requirements for admission to the licensing examination set forth in either subdivision (b) or (c) of this section.  Applicants applying for licensure as a clinical laboratory technologist on or after September 1, 2013 shall meet the professional education requirements for admission to the licensing examination set forth in subdivision (b) of this section.  

              (b) General professional education requirements for applicants applying for licensure as a clinical laboratory technologist.

(1) As used in this subdivision, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting clinical laboratory technology programs, having accreditation standards that are substantially equivalent to the requirements for programs registered as leading to licensure as a clinical laboratory technologist pursuant to section 52.38 of this Title, and applying its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

              (2) To meet the professional education requirement for admission to the licensing examination for clinical laboratory technologists, the applicant shall present satisfactory evidence of:

              (i) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in clinical laboratory technology registered as leading to licensure as a clinical laboratory technologist pursuant to section 52.38 of this Title; or

              (ii) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in clinical laboratory technology that is substantially equivalent to a program registered as leading to licensure as a clinical laboratory technologist pursuant to section 52.38 of this Title as determined by the department, which program must be accredited by an acceptable accrediting agency or recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a clinical laboratory technologist, and must be designed and conducted by the degree-granting institution to prepare graduates to practice as clinical laboratory technologists using independent judgment and responsibility; or

              (iii) both:

              (a) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in the major of biology, chemistry, or the physical sciences registered pursuant to Part 52 of this Title or its substantial equivalent as determined by the department; and

              (b) completing a credit bearing program in clinical laboratory technology in addition to such baccalaureate or higher degree study that is registered as leading to licensure as a clinical laboratory technologist pursuant to section 52.38 of this Title or substantially equivalent to such a registered program as determined by the department.  Such equivalent program must be accredited by an acceptable accrediting agency or recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a clinical laboratory technologist, and must be designed and conducted by the degree-granting institution to prepare graduates to practice as a clinical laboratory technologist using independent judgment and responsibility.

              (c)  Time-limited professional education requirements for applicants applying for licensure as a clinical laboratory technologist prior to September 1, 2013.

(1) As used in this subdivision, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting clinical laboratory technology programs on a national or regional basis, as having reasonable accreditation standards, and as an organization that applies its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

(2) To meet the professional education requirement for admission to the licensing examination for clinical laboratory technologists, applicants who apply for licensure prior to September 1, 2013 may, as an alternative to satisfying the requirements of subdivision (b) of this section, present satisfactory evidence of meeting the requirements of one of the following subparagraphs:

(i) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in clinical laboratory technology or a related title which:

(a) prepares graduates for employment as a clinical laboratory technologist, as defined in Education Law section 8601(2)(a);

(b) contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/quality improvement, and which is designed and conducted to prepare graduates to practice clinical laboratory technology using independent judgment and responsibility; and

(c) is registered by the department for general educational purposes but need not be specifically registered for licensure purposes, or is accredited by an acceptable accrediting agency, or is recognized by appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a clinical laboratory technologist; or

(ii) both:

(a) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in the major of biology, chemistry, or the physical sciences registered pursuant to Part 52 of this Title or its substantial equivalent as determined by the department; and

(b) completing a program which:

(1) prepares graduates for employment as a clinical laboratory technologist, as defined in Education Law section 8601(2)(a);

(2) contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/quality improvement, and which is designed and conducted to prepare graduates to practice clinical laboratory technology using independent judgment and responsibility; and

(3) is registered by the department for general educational purposes but need not be specifically registered for licensure purposes, or is accredited by an acceptable accrediting agency, or is recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a clinical laboratory technologist.

              (d) To meet the professional education requirement for admission to the licensing examination for clinical laboratory technologists, the applicant must also certify to the department that he or she has reviewed the rules and regulations of the New York State Department of Health and the U.S. Department of Health and Human Services, relating to practice as a clinical laboratory technologist in New York State, in accordance with written guidance from the department.

              5.  Section 79-14.1 of the Regulations of the Commissioner of Education is repealed and new section 79-14.1 is added, effective August 21, 2008, as follows:

              79-14.1 Professional study of cytotechnology.

              (a)  Applicability.  For purposes of this section, applicants applying for licensure as a cytotechnologist prior to September 1, 2013, shall meet the professional education requirements for admission to the licensing examination set forth in either subdivision (b) or (c) of this section.  Applicants applying for licensure as a cytotechnologist on or after September 1, 2013 shall meet the professional education requirements for admission to the licensing examination set forth in subdivision (b) of this section.  

              (b) General professional education requirements for applicants applying for licensure as a cythotechnologist.

              (1) As used in this subdivision, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting cytotechnology programs, having accreditation standards that are substantially equivalent to the requirements for programs registered as leading to licensure as a cytotechnologist pursuant to section 52.39 of this Title, and applying its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

              (2) To meet the professional education requirement for admission to the licensing examination for cytotechnologists, the applicant shall present satisfactory evidence of:

              (i) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in cytotechnology registered as leading to licensure as a cytotechnologist pursuant to section 52.39 of this Title; or

              (ii) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in cytotechnology that is substantially equivalent to a program registered as leading to licensure as a cytotechnologist pursuant to section 52.39 of this Title as determined by the department, which program must be accredited by an acceptable accrediting agency or recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a cytotechnologist, and must be designed and conducted by the degree-granting institution to prepare graduates to practice as cytotechnologists using independent judgment and responsibility; or

              (iii) both:

              (a) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in the major of biology, chemistry, or the physical sciences registered pursuant to Part 52 of this Title or its substantial equivalent as determined by the department; and

              (b) completing a credit bearing program in cytotechnology in addition to such baccalaureate or higher degree study that is registered as leading to licensure as a cytotechnologist pursuant to section 52.39 of this Title or substantially equivalent to such a registered program as determined by the department.  Such equivalent program must be accredited by an acceptable accrediting agency or recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a cytotechnologist, and must be designed and conducted by the degree-granting institution to prepare graduates to practice as a cytotechnologist using independent judgment and responsibility.

              (c)  Time-limited professional education requirements for applicants applying for licensure as a cytotechnologist prior to September 1, 2013.

(1) As used in this subdivision, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting cytotechnology programs on a national or regional basis, as having reasonable accreditation standards, and as an organization that applies its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

(2) To meet the professional education requirement for admission to the licensing examination for cytotechnologists, applicants who apply for licensure prior to September 1, 2013 may, as an alternative to satisfying the requirements of subdivision (b) of this section, present satisfactory evidence of meeting the requirements of one of the following subparagraphs:

(i) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in cytotechnology or a related title which:

(a) prepares graduates for employment as a cytotechnologist, as defined in Education Law section 8601(2)(b);

(b) contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/quality improvement, and which is designed and conducted to prepare graduates to practice cytotechnology using independent judgment and responsibility; and

(c) is registered by the department for general educational purposes but need not be specifically registered for licensure purposes, or is accredited by an acceptable accrediting agency, or is recognized by appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a cytotechnologist; or

(ii) both:

(a) holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in the major of biology, chemistry, or the physical sciences registered pursuant to Part 52 of this Title or its substantial equivalent as determined by the department; and

(b) completing a program which:

(1) prepares graduates for employment as a cytotechnologist, as defined in Education Law section 8601(2)(b);

(2) contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/quality improvement, and which is designed and conducted to prepare graduates to practice cytotechnology using independent judgment and responsibility; and

(3) is registered by the department for general educational purposes but need not be specifically registered for licensure purposes, or is accredited by an acceptable accrediting agency, or is recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a cytotechnologist.

              (d) To meet the professional education requirement for admission to the licensing examination for cytotechnologists, the applicant must also certify to the department that he or she has reviewed the rules and regulations of the New York State Department of Health and the U.S. Department of Health and Human Services, relating to practice as a  cytotechnologist in New York State, in accordance with written guidance from the department. 

6.  Section 79-15.1 of the Regulations of the Commissioner of Education is repealed and new section 79-15.1 is added, effective August 21, 2008, as follows:

              79-15.1 Professional study of clinical laboratory technician.

(a)  Applicability.  For purposes of this section, applicants applying for licensure as a clinical laboratory technician prior to September 1, 2013, shall meet the professional education requirements for admission to the examination for professional certification for clinical laboratory technicians set forth in either subdivision (b) or (c) of this section.  Applicants applying for licensure as a clinical laboratory technician on or after September 1, 2013 shall meet the professional education requirements for admission to the examination for professional certification for clinical laboratory technicians set forth in subdivision (b) of this section.  

              (b)  General professional education requirements for applicants applying for licensure as clinical laboratory technicians.

(1) As used in this subdivision, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting clinical laboratory technician programs, having accreditation standards that are substantially equivalent to the requirements for programs registered as leading to certification in clinical laboratory technician pursuant to section 52.40 of this Title, and applying its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

              (2) To meet the professional education requirement for admission to the examination for professional certification for clinical laboratory technicians, the applicant shall present satisfactory evidence of:

              (i) holding an associate or higher degree awarded upon successful completion of an associate or higher degree program in clinical laboratory technician registered as leading to certification as a clinical laboratory technician pursuant to section 52.40 of this Title; or

              (ii) holding an associate or higher degree awarded upon successful completion of an associate or higher degree program in clinical laboratory technician that is substantially equivalent to a program registered as leading to certification as a clinical laboratory technician pursuant to section 52.40 of this Title as determined by the department, which program must be accredited by an acceptable accrediting agency or recognized by the appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a clinical laboratory technician.

              (c)  Time-limited professional education requirements for applicants applying for licensure as a clinical laboratory technician prior to September 1, 2013. 

(1) As used in this subdivision, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting clinical laboratory technician programs on a national or regional basis, as having reasonable accreditation standards, and as an organization that applies its criteria for granting accreditation of programs in a fair, consistent, and nondiscriminatory manner.

(2) To meet the professional education requirement for admission to the examination for professional certification for clinical laboratory technicians, applicants who apply for licensure prior to September 1, 2013 may, as an alternative to satisfying the requirements of subdivision (b) of this section, present satisfactory evidence of holding an associate or higher degree awarded upon successful completion of an associate or higher degree program in clinical laboratory technician or a related title which:

(i) prepares graduates for employment as a clinical laboratory technician, as defined in Education Law section 8601(2)(c);

(ii) contains didactic and clinical education that integrates pre-analytical, analytical, and post-analytical components of laboratory services, including the principles and practices of quality assurance/quality improvement, and which is designed and conducted to prepare graduates to practice as clinical laboratory technicians under the supervision of a clinical laboratory technologist, laboratory supervisor, or director of a clinical laboratory; and

(iii) is registered by the department for general educational purposes but need not be specifically registered for licensure purposes, or is accredited by an acceptable accrediting agency, or is recognized by appropriate civil authorities of the jurisdiction in which the program is offered as a program that prepares the applicant for professional practice as a clinical laboratory technician.

              (d) To meet the professional education requirement for admission to the examination for professional certification as a clinical laboratory technician, the applicant must also certify to the department that he or she has reviewed the rules and regulations of the New York State Department of Health and the U.S. Department of Health and Human Services, relating to practice as a clinical laboratory technician in New York State, in accordance with written guidance from the department.