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Title: Section 58-1.5 - Duties and qualifications of clinical laboratory technical personnel

Effective Date

05/24/2023

58-1.5 Duties and qualifications of clinical laboratory technical personnel.

(a) Duties of a clinical laboratory technologist. 

(1) A clinical laboratory technologist performs tests pursuant to established and approved protocols which require the exercise of independent judgment and responsibility, with minimal supervision by the laboratory director or supervisor, in only those specialties or subspecialties in which they are qualified by education, training and experience.

(b) Qualifications of a clinical laboratory technologist. A clinical laboratory technologist practicing in New York State shall possess a valid license, issued by the New York State Education Department to practice as a clinical laboratory technologist, if such license is required under Article 165 of the State Education Law. A clinical laboratory technologist practicing in a clinical laboratory or blood bank located outside of New York  State may qualify provided the clinical laboratory technologist possesses an equivalent license issued by the state or jurisdiction in which the laboratory is located, or meets one of the following requirements:

(1) Successful completion of a course of study which meets all academic requirements for a bachelor's, or higher, degree in medical technology or laboratory science from an accredited institution; or

(2) Successful completion of a course of study which meets all academic requirements for a bachelor’s, or higher, degree in one of the chemical, physical, or biological sciences from an accredited institution, and, in addition, at least six months of acceptable supervised experience and/or relevant training.

(c) An individual practicing as a clinical laboratory technologist outside of New York State who is licensed to practice in that state or jurisdiction, or who possesses credentials that were evaluated and deemed acceptable prior to the adoption of this section, may be qualified as a clinical laboratory technologist for the purposes of this Subpart. 

(d) Duties of a clinical laboratory technician. A clinical laboratory technician performs tests pursuant to established and approved protocols, where such tests require the exercise of limited independent judgment and responsibility, and where such tests are only in those specialties or subspecialties in which the clinical laboratory technician is qualified by education, training and experience.

(e) Qualifications of a clinical laboratory technician. A clinical laboratory technician practicing in New York State shall possess a valid license issued by the New York State Education Department to practice as a clinical laboratory technician, if such license is required under Article 165 of the State Education Law. A clinical laboratory technician practicing in a clinical laboratory or blood bank located outside of New York State may qualify provided the clinical laboratory technician possesses an equivalent license issued by the state or jurisdiction in which the laboratory is located, or meets one of the following requirements:

(1) Successful completion of a course of study which meets all academic requirements for an associate’s, or higher, degree in medical technology from an accredited institution; or

(2) Successful completion of a course of study which meets all academic requirements for an associate’s, or higher, degree in one of the chemical, physical or biological sciences from an accredited institution, and, in addition, at least three months of acceptable supervised experience and/or relevant training.

(f) An individual practicing as a clinical laboratory technician outside of New York State, who is licensed to practice in that state or jurisdiction, or who possesses credentials that were evaluated and deemed acceptable prior to the adoption of this section, may be qualified as a clinical laboratory technician for the purposes of this Subpart. 

(g) Duties of a cytotechnologist:

A cytotechnologist makes the preliminary cytologic interpretation for gynecologic cell samples (PAP smears) and non-gynecologic cell samples and makes the final cytologic interpretation for gynecologic cell samples which are within normal limits under the general direction of a qualified pathologist and pursuant to the requirements of section 58-1.12 of this Subpart, and performs certain other tests related to gynecological health, pursuant to Department approval, which require independent judgment and responsibility. 

(h) Qualifications of a cytotechnologist.  A cytotechnologist practicing in New York State shall possess a valid license issued by the New York State Education Department to practice as a cytotechnologist, if such license is required under Article 165 of the State Education Law.  A cytotechnologist practicing outside of New York State may qualify provided the cytotechnologist possesses an equivalent license issued by the state or jurisdiction in which the laboratory is located, or meets one of the following requirements:

(1) successful completion of a course of study that meets all academic requirements for a bachelor's, or higher, degree in cytotechnology from an accredited institution that prepares the applicant for professional practice as a cytotechnologist; or

(2) successful completion of a course of study that meets all academic requirements for a bachelor's, or higher, degree in one of the chemical, physical or biological sciences and, in addition, 12 months of training in a school of cytotechnology accredited by the Committee on Allied Health Education and Accreditation (CAHEA) or the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or a program registered as licensure-qualifying in cytotechnology by the New York State Education Department; or

(3) An individual practicing as a cytotechnologist outside of New York State who is licensed to practice in that state or jurisdiction, or who possesses credentials that were evaluated and deemed acceptable prior to the adoption of this section, shall qualify as a cytotechnologist for the purposes of this Subpart.

(i) Duties of a histotechnician. A histotechnician processes tissues by fixation, dehydration, embedding, sectioning, decalcification, microincineration, mounting, and routine and special staining and may also identify tissue structures, cell components and their staining characteristics, and relate them to physiological functions, under the general supervision of a pathologist.

(j) Qualifications of a histotechnician. A histotechnician practicing in New York State shall possess a valid license issued by the New York State Education Department to practice as a certified histotechnician, if such license is required under Article 165 of the State Education Law. A histotechnician practicing outside of New York State shall qualify provided the histotechnician possesses an equivalent license issued by the state or jurisdiction in which the laboratory is located, or meets one of the following requirements:

(1) successful completion of a course of study that meets all academic requirements for an associate's, or higher, degree in a histotechnician program from an accredited institution; or

(2) successful completion of a full course of study that meets all academic requirements for an associate's degree, or higher, in one of the chemical, physical or biological sciences from an accredited institution; and either one of the following conditions:

(i) one year of experience and/or training in histology within the past 5 years, under the direction of a pathologist certified by the American Board of Pathology in anatomic pathology; or

(ii) successful completion of a course of training of at least nine months in an histotechnician program from an accredited institution; or

(3) successful completion in an accredited institution of a course of study that meets all academic requirements for a bachelor's, or higher, degree in one of the chemical, physical or biological sciences, including a combination of thirty (30) hours in biology and chemistry; and, either one of the following conditions:

(i) one year of experience and/or training in histology within the past 5 years, under the direction of a pathologist certified by the American Board of Pathology in anatomic pathology; or

(ii) successful completion of a course of training of at least nine months in an histotechnician program from an accredited institution.

(4) An individual practicing as a histotechnician in another state or jurisdiction who is licensed to practice in that state or jurisdiction, or who possesses credentials that were evaluated and deemed acceptable prior to the adoption of this section, may qualify as a histotechnician for the purposes of this Subpart.

Statutory Authority

Public Health Law, Section 576

Volume

VOLUME A-1 (Title 10)

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