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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF |
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TO: |
Higher Education and
Professional Practice Committee
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FROM: |
Johanna
Duncan-Poitier |
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SUBJECT: |
Proposed Amendment to
the Regulations of the Commissioner of Education Relating to Licensure as
a Clinical Laboratory Technologist and as a Cytotechnologist and
Certification as a Clinical Laboratory Technician |
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DATE: |
November 15,
2006 |
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STRATEGIC GOAL: |
Goals 2 and
3 |
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AUTHORIZATION(S): |
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SUMMARY
Issue for Decision (Consent
Agenda)
Should the Regents amend the Regulations of the Commissioner of Education
to add new Subparts 79-13, 79-14, and 79-15, relating to licensure as a clinical
laboratory technologist and as a cytotechnologist and certification as a
clinical laboratory technician?
Reason(s) for
Consideration
Required by State
statute.
Proposed
Handling
The proposed amendment is
submitted for adoption as an emergency measure at the December Regents
meeting. Confirmation of the
proposed amendment as a permanent rule is scheduled for the January 2007 Regents
meeting. The rule was adopted as an
emergency measure at the October 2006 Regents meeting and is again being
presented as an emergency measure in order to ensure that the emergency rule
remains continuously in effect until it may be adopted as a permanent rule in
January 2007.
Procedural
History
A Notice of Proposed Rule Making concerning an earlier version of the
proposed amendment was published in the State Register on May 24, 2006. That version was discussed at the
meeting of the Higher Education and Professional Practice Committee in June
2006. Following the June meeting, the proposal was revised, and the Board of
Regents adopted the revised proposal as an emergency measure at its July 2006
Regents meeting. A Notice of
Emergency Adoption and Revised Rule Making was
published in the State Register on August 16, 2006. The proposal was again revised and the
current regulation was adopted as an emergency measure at the October Regents
meeting. A Notice of Emergency
Adoption and Revised Rule Making was published in the
State Register on November 15, 2006.
Supporting materials for the proposed amendment are available upon
request from the Secretary to the Board of Regents.
Background
Information
Chapter 755 of the Laws of 2004 added a new Article 165 to the Education
Law, establishing three new professions that are practice and title protected:
clinical laboratory technologist, cytotechnologist, and clinical laboratory
technician. The purpose of the
proposed regulations is to implement the provisions of Article 165 of the
Education Law by establishing requirements for licensure as a clinical
laboratory technologist or cytotechnologist and for certification as a clinical
laboratory technician and requirements for limited permits in these
fields.
At its July meeting, the Board of Regents approved on an emergency basis
proposed regulations to implement Article 165 of the Education Law by
establishing educational program and licensure requirements for the three new
professions, including examination, limited permit, and grandparenting
requirements. The July emergency
action also established specific education requirements that an applicant must
meet for licensure or certification in these new professions, and established
content requirements for registered college preparation programs for the three
new professions.
One major issue raised
before the July Regents meeting was the need to address the status of recent
graduates of college programs and those in the pipeline in college programs who
will not meet the requirements of the grandparenting provisions. In response to this concern,
transitional educational requirements were included in the emergency regulations
approved by the Regents in July to provide an opportunity for these individuals
to meet the education requirement for licensure and obtain a limited permit to
practice until such time as they have taken the required examination. Specifically, under the July emergency
regulations, applicants who apply for licensure prior to September 1, 2011
will have to
complete a registered or accredited program that meets a general standard that
is consistent with national accreditation standards and the scope of practice
for each profession. The Department
expects that existing registered and accredited programs in these fields will
meet these requirements. This
transition period will allow registered college preparation programs in these
fields sufficient time to meet revised requirements that the Department plans to
promulgate, and will not disadvantage new and recent graduates.
At the June and July Regents meetings, the Regents raised concerns about
the specific courses recommended for licensure-qualifying higher education
programs, and the Department indicated that it was continuing to assess those
concerns, which were also raised by educational institutions offering such
programs and others, through ongoing conversations with relevant staff and other
interested stakeholders. The
Department indicated that it would report how those concerns have been addressed
and recommend modifications if appropriate. Since July, Department staff have
participated in numerous meetings to address these and similar issues with
members and staff in the legislature, administrators and faculty of higher
education professional programs, managers of clinical laboratories throughout
the State, and representatives of relevant professional and hospital
organizations.
A meeting was held on October 12th at
Until the new revisions
could be fully considered by the Department and the Board of Regents and
published in the State Register prior to Regents action, it was necessary to
adopt an emergency measure that would enable the Department to continue to
accept applications and issue licenses in these professions. Such emergency
regulations were adopted by the Regents in October. They differed from the regulations
adopted by the Regents in July in that the registration requirements for
licensure-qualifying programs were deleted. It is anticipated that such
requirements will be submitted to the Regents for approval once discussions
concerning the requirements are completed and the draft language is finalized.
In the meantime, the October emergency regulations continued to include the
transitional requirements, originally approved by the Board of Regents in July,
to provide an opportunity for recent graduates of college programs and those
currently in college programs to meet the educational requirement for licensure
and obtain a limited permit to practice until such time as they have taken the
required examination. Because the October emergency regulations would expire
prior to the January Regents meeting, when they can be adopted on a permanent
basis, it is necessary to adopt them once again as an emergency measure to
maintain their continuity.
Accordingly, we are
recommending that the attached regulations be approved on an emergency basis and
that recommendations for specific standards for registered licensure-qualifying
educational programs for these professions, which were the subject of the
concerns raised by the Regents in July, continue to be deferred for further
discussion and submission to the Regents in the near future.
The recommended action is proposed as an
emergency measure because such action is necessary to preserve the general
welfare to ensure that the emergency rule remains continuously in effect until
the rule may be adopted as a permanent rule and that procedures and standards
are in place to continue to license clinical laboratory practitioners, thereby
enabling such practitioners to meet the health care needs of residents of New
York State. A statement of the
facts and circumstances which necessitate emergency action is
attached.
Recommendation
I recommend that the Board of Regents take the following
action:
VOTED: That Subparts 79-13,
79-14, and 79-15 of the Regulations of the Commissioner of Education be added as
submitted, effective December 26, 2006, as an emergency action upon a finding by
the Board of Regents that such action is necessary for the preservation of the
general welfare to ensure that the emergency rule remains continuously in effect
until the rule may be adopted as a permanent rule and that procedures and
standards are in place to continue to license clinical laboratory practitioners,
thereby enabling such practitioners to meet the health care needs of residents
of New York State.
Timetable for
Implementation
The emergency adoption will take effect on December 26, 2006.
Attachments
AMENDMENT
TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION
Pursuant to sections 207, 210, 212, 6501, 6504, 6507, 6508, 8605, 8606,
8607, and 8608 of the Education Law.
1. Subpart 79-13 of the
Regulations of the Commissioner of Education is added, effective December 26,
2006, as follows:
SUBPART
79-13
CLINICAL
LABORATORY TECHNOLOGIST
79-13.1 Professional study of clinical laboratory
technology.
(a) As used in this section, 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.
(b) To meet the professional education requirement for admission to
the licensing examination for clinical laboratory technologists, the applicant
shall present satisfactory evidence of meeting the requirements of one of the
following paragraphs:
(1) applicants who apply for licensure prior
to September 1, 2011 may meet the
following requirement: 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:
(i) prepares graduates for
employment as a clinical laboratory technologist, as defined in Education Law
section 8601(2)(a),
(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 clinical laboratory
technology using independent judgment and responsibility,
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 technologist;
or
(2)
applicants who apply for licensure prior to September
1, 2011 may alternatively meet the requirement by
both:
(i) 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
(ii)
completing a program 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 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.
(c) 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.
79-13.2 Licensing
examination.
(a) Content. To meet the
examination requirement for licensure as a clinical laboratory technologist, the
candidate shall pass a general examination for clinical laboratory technologists
that is determined by the department to measure the applicant's knowledge,
judgment, and skills concerning practice as a clinical laboratory technologist,
as defined in section 8601(2)(a) of the Education Law, and to be offered by an
organization that has satisfactory administrative and psychometric procedures in
place to offer the examination.
(b) Passing score. The
department shall accept scores on the examination satisfactory to the State
Board for Clinical Laboratory Technology, as meeting the requirement for passing
the licensing examination. The applicant shall pass the examination with a
converted score of at least 75, as determined by the State Board for Clinical
Laboratory Technology.
79-13.3 Limited
permits.
(a) As authorized by section 8608 of the Education Law, upon
recommendation of the State Board for Clinical Laboratory Technology, the
department may issue a limited permit to practice as a clinical laboratory
technologist to an applicant for licensure who meets the requirements of this
section.
(b) The applicant for a limited permit to practice as a clinical
laboratory technologist shall:
(1) file an application for a limited permit with the department and
pay the initial licensure and registration fee, as prescribed in section 8605(1)
of the Education Law, and a limited permit fee of fifty
dollars;
(2) have met all requirements for licensure
as a clinical laboratory technologist, except the examination
requirement;
(3) submit adequate documentation that the
applicant will be under the general supervision of the director of a clinical
laboratory, as defined in section 571 of the Public Health Law, in accordance
with the requirements of this paragraph.
(i) Such documentation shall identify the
director of the clinical laboratory who has responsibility for providing general
supervision of the applicant's work while under the limited permit, and include
a signed statement by the director of the clinical laboratory certifying that he
or she will provide general supervision of the applicant's experience. If a director cannot carry out his or
her duties, or is replaced by a new or interim director, the limited permit
holder shall submit to the department on a form prescribed by the department the
name of the new director who has assumed supervisory responsibility of the
permit holder.
(ii) For purposes of this
section, under the general supervision of the director of a clinical laboratory
shall mean that the permit holder shall be supervised by a director of a
clinical laboratory who shall:
(a) serve the laboratory full-time, or on a
regular part-time basis;
(b) ensure the supervision of the technical
performance of the permit holder, and be readily available for consultation with
the permit holder, as needed; and
(c) be responsible for the performance and findings of all tests
carried out by the limited permit holder, either by directly overseeing such
testing, or by delegating this responsibility to authorized qualified
supervisors who are on site within the laboratory.
(c) The limited permit
issued pursuant to this section shall be valid for a period of not more than one
year from the date of issuance.
Such limited permit may be renewed at the discretion of the department
for one additional one-year period, provided that the applicant documents good
cause, such as, a specific physical or mental disability certified by an
appropriate health care professional or other good cause which in the judgment
of the department made it impossible for the applicant to complete requirements
for licensure as a clinical laboratory technologist while under the original
limited permit.
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 subdivision. The applicant must apply for licensure
under this section by September 1, 2007, and meet the requirements for licensure
under this section by September 1, 2008, 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 September 1,
2007;
(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 September 1, 2008, 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 September 1, 2006;
or
(ii) the applicant shall have successfully completed by September 1,
2008 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 September 1, 2006; 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 September
1, 2006; or
(iv) the applicant shall have successfully performed the duties of a
clinical laboratory technologists for five years, meaning 7,200 clock hours, prior to September 1, 2006, as
verified in writing by the director of the 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 September 1, 2008 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
September 1, 2008 shall have successfully performed the duties of a clinical
laboratory technician for four years, meaning 5,760 clock hours.
(c) In accordance with subdivision (2) of section 8607 of the
Education Law, an individual who on or before September 1, 2007 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 September 1,
2008, 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.
2. Subpart 79-14 of the
Regulations of the Commissioner of Education is added, effective December 26,
2006, as follows:
SUBPART
79-14
CYTOTECHNOLOGIST
79-14.1 Professional study of cytotechnology.
(a) As used in this section, 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.
(b) To meet the professional education requirement for admission to
the licensing examination for cytotechnologists, the
applicant shall present satisfactory evidence of meeting the requirements of one
of the following paragraphs:
(1) applicants who
apply for licensure prior to September 1, 2011 may meet the following
requirement: holding a baccalaureate or higher degree awarded upon successful
completion of a baccalaureate or higher degree program in cytotechnology or a related title which:
(i) prepares graduates for
employment as a cytotechnologist, as defined in
Education Law section 8601(2)(b),
(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 cytotechnology using independent judgment and
responsibility, 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 cytotechnologist; or
(2)
applicants who apply for licensure prior to September
1, 2011 may alternatively meet the requirement by
both:
(i) 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
(ii)
completing a program 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 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.
(c) 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.
79-14.2 Licensing
examination.
(a) Content. To meet the
examination requirement for licensure as a cytotechnologist, the candidate shall pass a general
examination for cytotechnologists that is determined
by the department to measure the applicant's knowledge, judgment, and skills
concerning practice as a cytotechnologist, as defined
in section 8601(2)(b) of the Education Law, and to be
offered by an organization that has satisfactory administrative and psychometric
procedures in place to offer the examination.
(b) Passing score. The
department shall accept scores on the examination satisfactory to the State
Board for Clinical Laboratory Technology, as meeting the requirement for passing
the licensing examination. The applicant shall pass the examination with a
converted score of at least 75, as determined by the State Board for Clinical
Laboratory Technology.
79-14.3 Limited
permits.
(a) As authorized by section 8608 of the Education Law, upon
recommendation of the State Board for Clinical Laboratory Technology, the
department may issue a limited permit to practice as a cytotechnologist to an applicant for licensure who meets the
requirements of this section.
(b) The applicant for a limited permit to practice as a cytotechnologist shall:
(1) file an application for a limited permit with the department and
pay the initial licensure and registration fee, as prescribed in section 8605(2)
of the Education Law, and a limited permit fee of fifty
dollars;
(2) have met all requirements for licensure
as a cytotechnologist, except the examination
requirement; and
(3) submit adequate documentation that the
applicant will be under the general supervision of the director of a clinical
laboratory, as defined in section 571 of the Public Health Law, in accordance
with the requirements of this paragraph.
(i) Such documentation shall identify the
director of the clinical laboratory who has responsibility for providing general
supervision of the applicant's work while under the limited permit, and include
a signed statement by the director of the clinical laboratory certifying that he
or she will provide general supervision of the applicant's experience. If a director cannot carry out his or
her duties, or is replaced by a new or interim director, the limited permit
holder shall submit to the department on a form prescribed by the department the
name of the new director who has assumed supervisory responsibility of the
permit holder.
(ii) For purposes of this
section, under the general supervision of the director of a clinical laboratory
shall mean that the permit holder shall be supervised by a director of a
clinical laboratory who shall:
(a) serve the laboratory full-time, or on a
regular part-time basis;
(b) ensure the supervision of the technical
performance of the permit holder, and be readily available for consultation with
the permit holder, as needed; and
(c) be responsible for the performance and findings of all tests
carried out by the limited permit holder, either by directly overseeing such
testing, or by delegating this responsibility to authorized qualified
supervisors who are on site within the laboratory.
(c) The limited permit
issued pursuant to this section shall be valid for a period of not more than one
year from the date of issuance.
Such limited permit may be renewed at the discretion of the department
for one additional one-year period, provided that the applicant documents good
cause, such as, a specific physical or mental disability certified by an
appropriate health care professional or other good cause which in the judgment
of the department made it impossible for the applicant to complete requirements
for licensure as a cytotechnologist while under the
original limited permit.
79-14.4 Special
provisions.
(a) In accordance with section 8607(1)(c) of
the Education Law, an applicant may be licensed by the department as a cytotechnologist through meeting the requirements of this
subdivision. The applicant must
apply for licensure under this section by September 1, 2007, and meet the
requirements for licensure under this section by September 1, 2008, 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(2) of the Education Law, all by September 1,
2007;
(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 79-14.1 of this Subpart by September 1,
2008, and shall have successfully performed the duties of a cytotechnologist for two years, meaning 2,880 clock hours,
over the five years immediately preceding September 1, 2006;
or
(ii) the applicant, at the time of application, shall have previously
been qualified for a license or its equivalent to practice as a cytotechnologist
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.
(c) In accordance with subdivision (2) of section 8607 of the
Education Law, an individual who on or before September 1, 2007 files with the
department an application for licensure as a cytotechnologist 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 September 1, 2008, shall be deemed qualified to practice as a cytotechnologist from the date of filing the application
with the department until such time as the department has acted upon such
application.
3. Subpart 79-15 of the
Regulations of the Commissioner of Education is added, effective December 26,
2006, as follows:
SUBPART
79-15
CLINICAL
LABORATORY TECHNICIAN
79-15.1 Professional study of clinical laboratory
technician.
(a) As used in this section, 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.
(b) 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, 2011 shall present satisfactory evidence of
meeting the following requirement: 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:
(1)
prepares graduates for employment as a clinical laboratory technician, as
defined in Education Law section 8601(2)(c),
(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 as clinical laboratory
technicians under the supervision of a clinical laboratory technologist,
laboratory supervisor, or director of a clinical laboratory, 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 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) 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.
79-15.2 Licensing
examination.
(a) Content. To meet the
examination requirement for professional certification as a clinical laboratory
technician, the candidate shall pass a general examination for clinical
laboratory technicians that is determined by the department to measure the
applicant's knowledge, judgment, and skills concerning practice as a clinical
laboratory technician, as defined in section 8601(2)(c) of the Education Law,
and to be offered by an organization that has satisfactory administrative and
psychometric procedures in place to offer the examination.
(b) Passing score. The
department shall accept scores on the examination satisfactory to the State
Board for Clinical Laboratory Technology, as meeting the requirement for passing
the licensing examination. The applicant shall pass the examination with a
converted score of at least 75, as determined by the State Board for Clinical
Laboratory Technology.
79-15.3 Limited
permits.
(a) As authorized by section 8608 of the Education Law, upon
recommendation of the State Board for Clinical Laboratory Technology, the
department may issue a limited permit to practice as a clinical laboratory
technician to an applicant for certification who meets the requirements of this
section.
(b) The applicant for a limited permit to practice as a clinical
laboratory technician shall:
(1) file an application for a limited permit with the department and
pay the initial certification and registration fee, as prescribed in section
8606 of the Education Law, and a limited permit fee of fifty
dollars;
(2) have met all requirements for
certification as a clinical laboratory technician, except the examination
requirement;
(3) submit adequate documentation that the
applicant will be under the general supervision of the director of a clinical
laboratory, as defined in section 571 of the Public Health Law, in accordance
with the requirements of this paragraph.
(i) Such documentation shall identify the
director of the clinical laboratory who has responsibility for providing general
supervision of the applicant's work while under the limited permit, and include
a signed statement by the director of the clinical laboratory certifying that he
or she will provide general supervision of the applicant's experience. If a director cannot carry out his or
her duties, or is replaced by a new or interim director, the limited permit
holder shall submit to the department on a form prescribed by the department the
name of the new director who has assumed supervisory responsibility of the
permit holder.
(ii) For purposes of this
section, under the general supervision of the director of a clinical laboratory
shall mean that the permit holder shall be supervised by a director of a
clinical laboratory who shall:
(a) serve the laboratory full-time, or on a
regular part-time basis;
(b) ensure the supervision of the technical
performance of the permit holder, and be readily available for consultation with
the permit holder, as needed; and
(c) be responsible for the performance and findings of all tests
carried out by the limited permit holder, either by directly overseeing such
testing, or by delegating this responsibility to authorized qualified
supervisors who are on site within the laboratory.
(c) The limited permit
issued pursuant to this section shall be valid for a period of not more than one
year from the date of issuance.
Such limited permit may be renewed at the discretion of the department
for one additional one-year period, provided that the applicant documents good
cause, such as, a specific physical or mental disability certified by an
appropriate health care professional or other good cause which in the judgment
of the department made it impossible for the applicant to complete requirements
for certification as a clinical laboratory technician while under the original
limited permit.
79-15.4 Special
provisions.
(a) In accordance with section 8607(1)(b) of
the Education Law, an applicant may be certified by the department as a clinical
laboratory technician through meeting the requirements of this subdivision. The applicant must apply for
certification under this section by September 1, 2007, and meet the requirements
for certification under this section by September 1, 2008, unless the particular
requirement in this section prescribes an earlier date, in which case the
earlier date must be met.
(b) The applicant shall:
(1) file the application for certification with the department and pay
the fee for the initial certification and the fee for the first registration
period, as prescribed in section 8606 of the Education Law, all by September 1,
2007;
(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
certification, as prescribed in section 79-15.1 of this Subpart by September 1,
2008, and shall have successfully performed the duties of a clinical laboratory
technician for two years, meaning 2,880 clock hours, over the five years
immediately preceding September 1, 2006; or
(ii) the applicant shall have successfully performed the duties of a
clinical laboratory technician for five years, meaning 7,200 clock hours, prior to September 1, 2006, as
verified in writing by the director of a clinical laboratory, as defined in
section 571 of the Public Health Law; or
(iii) the applicant, at the time of application, shall have previously
been qualified for a certification or its equivalent to practice as a clinical
laboratory technician in New York State through other regulatory requirements of
a governmental unit of New York State authorized by law to qualify individuals
for such certification or its equivalent.
(c) In accordance with subdivision (2) of section 8607 of the
Education Law, an individual who on or before September 1, 2007 files with the
department an application for certification as a clinical laboratory technician
under this section and certifies to a good faith belief that he or she has or
will have met the requirements for certification under this section by the
prescribed completion dates which shall in no case be later than September 1,
2008, shall be deemed qualified to practice as a clinical laboratory technician
from the date of filing the application with the department until such time as
the department has acted upon such application.
PROPOSED
PROMULGATION OF SUBPARTS 79-13, 79-14, AND 79-15 OF THE REGULATIONS OF THE COMMISSIONER
OF EDUCATION PURSUANT TO SECTIONS 207, 210, 212, 6501, 6504, 6507, 6508, 8605,
8606, 8607, AND 8608 OF THE EDUCATION LAW RELATING TO LICENSURE AS A CLINICAL
LABORATORY TECHNOLOGIST AND CYTOTECHNOLOGIST AND CERTIFICATION AS A CLINICAL
LABORATORY TECHNICIAN
STATEMENT
OF FACTS AND CIRCUMSTANCES WHICH NECESSITATE EMERGENCY
ACTION
Article 165 of the Education Law establishes three new licensed
professions in
Based on recent estimates,
approximately 20,000 persons are employed in these three professional areas and,
as of September 1, 2006, require licensure or submission of an application under
the grandparenting provisions in order to continue to
practice these professions. As of
November 8, 2006, in excess of 15,000 applications have been received. The State Education Department
expects that most current practitioners will be licensed under the grandparenting provisions. These clinical laboratory technology
practitioners are employed in the State's clinical laboratories to perform tests
and procedures needed for the diagnosis and treatment of illness and
disease. They perform important
functions that protect the general welfare, health, and safety of residents of
The proposed regulation implements the requirements of Article 165 of the
Education Law by establishing education and examination standards for licensure
or certification, special requirements for licensure or certification for
applicants already practicing in these field or who have related education
and/or experience (grandparenting applicants), and
requirements for limited permits in the three professions. It also sets forth interim standards for
meeting the educational requirement for licensure or certification in these
fields, consistent with statutory requirements. These requirements must be in place in
order for the State Education Department to license individuals to practice
these new professions. The interim
standards are expected to be in place for a transition period of five years
while educational institutions make required changes in their educational
programs.
The State Education Department originally planned to adopt these
regulations in July 2006, but in response to public comment, the Department
needed to make substantial changes to the regulations. These public comments resulted in the
Board of Regents adopting a revised rule through emergency action, effective
August 1, 2006, at its July 2006 meeting. Further public comment has
led to continued discussions concerning the appropriate requirements for
educational programs seeking registration by the Department as licensure
qualifying programs, requiring further substantial revisions to the
regulations. This resulted in
the Board of Regents adopting a revised rule in a second emergency action,
effective October 30, 2006, at its October 2006 Regents meeting. This emergency rule is effective for 60
days until December 25, 2006. The
public comment period for this revised rule making ends on December 15, 2006,
after the Regents meet in December.
Therefore, the earliest Regents meeting at which the revised rule may be
adopted as a permanent rule is the January meeting. A third emergency action is necessary to
ensure that the rule does not expire before the January 2007 Regents meeting,
when it is scheduled for adoption as a permanent rule.
The recommended action is proposed as an emergency measure because such
action is necessary to preserve the general welfare to ensure that the emergency
rule remains continuously in effect until the rule may be adopted as a permanent
rule and that procedures and standards are in place to continue to license
clinical laboratory practitioners, thereby enabling such practitioners to meet
the health care needs of residents of New York State.
It is anticipated that the proposed amendment will be presented to the
Board of Regents for adoption as a permanent rule at its January 2007
meeting.