8607 - Special provisions.

§  8607.  Special  provisions.  1. Notwithstanding the requirements of  section eighty-six hundred five  and  eighty-six  hundred  six  of  this  article,  and  until July first, two thousand nine, an individual may be  licensed as a clinical laboratory technology practitioner, as defined in  section eighty-six  hundred  one  of  this  article,  provided  that  an  individual  may  be  licensed pursuant to subparagraph (vi) of paragraph  (a) or subparagraph (iii) of paragraph (b)  of  this  subdivision  until  December thirty-first, two thousand thirteen provided such person:    (a) In the case of clinical laboratory technologist, has either:    (i)   met   the   educational  requirements  for  clinical  laboratory  technologist as defined in  section  eighty-six  hundred  five  of  this  article  and  has  been  performing  the duties of a clinical laboratory  technologist  for  two  of  the  past  five  years  prior  to   December  thirty-first, two thousand seven; or completed an approved baccalaureate  degree  program  in  biological,  chemical  or physical sciences from an  accredited college or university and has been performing the duties of a  clinical laboratory technologist for two of the past five years prior to  December thirty-first, two thousand seven;    (ii) been engaged full-time in the education  of  clinical  laboratory  practitioners  for the equivalent of two of the past five years prior to  December thirty-first, two thousand seven;    (iii) performed the duties of a clinical laboratory  technologist  for  at  least  five years prior to December thirty-first, two thousand seven  as verified by a director of a clinical laboratory;    (iv) become previously qualified under other  regulatory  requirements  for that license or its equivalent;    (v) become a currently certified clinical laboratory technician with a  bachelor's  degree  from  an  accredited college that includes a minimum  number of credit hours in the sciences and four years of documented work  experience as  a  clinical  laboratory  technician,  acceptable  to  the  department; or    (vi)  become  qualified to perform the duties of a clinical laboratory  technologist in a clinical laboratory operated in accordance with  title  five  of  article  five  of  the  public  health law and the regulations  promulgated thereunder,  and  competently  performed  the  duties  of  a  clinical  laboratory  technologist in a clinical laboratory for a period  of not less than six months in the  three  years  immediately  preceding  December  thirty-first,  two thousand seven as verified by a director of  the clinical laboratory.    (b) In the case of a clinical laboratory technician, has either:    (i)  met  the  educational  requirements  of  a  clinical   laboratory  technician  as defined in section eighty-six hundred six of this article  and performed the duties of a clinical laboratory technician for two  of  the past five years prior to December thirty-first, two thousand seven;    (ii)  performed  the duties of a clinical laboratory technician for at  least five years prior to December thirty-first, two thousand  seven  or  has  previously qualified under other regulatory requirements for such a  certification or such certification's equivalent; or    (iii) become qualified to perform the duties of a clinical  laboratory  technician  in  a  clinical laboratory operated in accordance with title  five of article five of  the  public  health  law  and  the  regulations  promulgated  thereunder,  and  competently  performed  the  duties  of a  clinical laboratory technician in a clinical laboratory for a period  of  not  less  than  six  months  in  the  three years immediately preceding  December thirty-first, two thousand seven as verified by a  director  of  the clinical laboratory.    (c) In the case of cytotechnologist, has either:(i)  met the educational requirements of a cytotechnologist as defined  in section eighty-six hundred five of this  article  and  performed  the  duties of a cytotechnologist for two of the previous five years prior to  December thirty-first, two thousand seven;    (ii)  performed  the  duties  of  a cytotechnologist for at least five  years prior to December thirty-first, two thousand seven as verified  by  a director of a clinical laboratory; or    (iii) has previously qualified under other regulatory requirements for  such a license or such license's equivalent.    (d) In the case of a histological technician, has either:    (i)  met  the educational requirements of a histological technician as  defined  in  section  eighty-six  hundred  six-a  of  this  article  and  performed  the  duties  of a histological technician for two of the past  five years prior to December thirty-first, two thousand seven;    (ii) performed the duties of a histological technician  for  at  least  five  years  prior  to  December thirty-first, two thousand seven or has  previously qualified under other  regulatory  requirements  for  such  a  certification or such certification's equivalent; or    (iii)  become  qualified  to  perform  the  duties  of  a histological  technician in a clinical laboratory operated in  accordance  with  title  five  of  article  five  of  the  public  health law and the regulations  promulgated thereunder,  and  competently  performed  the  duties  of  a  histological  technician  in  a  clinical laboratory for a period of not  less than six months in the three years immediately  preceding  December  thirty-first,  two  thousand  seven  as  verified  by  a director of the  clinical laboratory.    2. For the purposes of subdivision one of this section,  it  shall  be  determined  that  the filing of an application with the department on or  before January first, two thousand nine shall qualify  for  purposes  of  such  subdivision, regardless of the time period required for processing  such application, provided that an application for licensure pursuant to  subparagraph (vi) of paragraph (a), subparagraph (iii) of paragraph (b),  or subparagraph (iii) or  paragraph  (d)  of  subdivision  one  of  this  section  shall  be  submitted on or before September first, two thousand  thirteen.    3. The commissioner may  adopt  such  regulations  as  appropriate  to  license  or  certify individuals who hold valid licenses, certifications  or their equivalent in another state or country, provided the  standards  for granting licenses or certifications to such individuals are not less  than  the  standards required of persons otherwise licensed or certified  pursuant to this article.