Clinical Laboratory Technologist Restricted License Questions & Answers
General Information | Restricted
Clinical Laboratory Licenses
- What amendments were made to Article 165 of
Title VIII of the Education Law (the Clinical Laboratory Technology
Act) and when did this happen?
On July 7, 2008, Governor David A. Paterson signed Chapter 204
which made amendments to Article 165 of Title VIII of the Education
Law - the Clinical Laboratory Technology Practice Act. These
changes will add a new profession of certified histological technician,
will provide changes and additions to the special provisions
(grandparenting), and will establish new licensure types (limited
licenses and restricted licenses) within the clinical laboratory
technology professions under the oversight of the Board of Regents.
- When did the new law become effective?
The law became effective on August 7, 2008. It was implemented
when regulations were approved by the Board of Regents, which
occurred on September 23, 2008.
- Will those who have already submitted Form 1 and the fee for
application be able to use one of the new pathways or methods
Those who applied for licensure as a clinical laboratory technologist
or cytotechnologist and who have not received this license and
who wish to change their application to obtain a restricted license
as a clinical laboratory technologist should complete Form 1
of the restricted license application. The fee that was originally
submitted for the application for licensure as a clinical laboratory
technologist may be applied to the restricted license application.
- Will persons holding a restricted license be required to apply
and pay the fee for a generic license as a clinical laboratory
technologist or cytotechnologist be required to submit a new
application and fee?
Yes. A new application and fee will be required for those who
seek a different license or limited license in one of the clinical
laboratory technology professions.
- What are restricted Clinical Laboratory Licenses?
The Department may issue a restricted license under which a person
may receive a certificate to perform certain examinations and
procedures that are within the definition of clinical laboratory
technology, and the person may perform examinations and procedures
only in the areas that are specifically listed in his or her
certificate. These areas are:
- Stem cell process
- Flow cytometry/cellular immunology
- Molecular diagnosis to the extent that this molecular
diagnosis is included in genetic testing-molecular and
In addition, restricted licensees who are employed at National
Cancer Institute designated cancer centers or eligible teaching
hospitals may receive a certificate that also includes the practice
of other areas of molecular diagnosis, but they may practice
these additional areas only at such centers or teaching hospitals,
or at other sites as designated by the Commissioner.
- What is required to obtain a restricted license?
To obtain a restricted license, a person must apply, pay the
fee, and show evidence that he or she has met the education,
training, moral character and age (18 years old) requirements.
- What is the education requirement?
To qualify for a restricted license, an applicant must have received
a bachelor's degree in the biological, chemical or physical sciences
or in mathematics from a program registered by the Department
or determined by the Department to be the substantial equivalent.
- What is the training requirement?
The training program must be a planned sequence of supervised
employment or engagement in activities appropriate for the area
of certification, and must be satisfactory to the Department
in quality, breadth, scope and nature. The program must include
one year of full-time training in the specific area in which
the applicant is seeking certification or the part-time equivalent.
It must be provided by an entity that shall be responsible for
the services that are provided.
- How is the training program approved for each applicant?
The training program must be described and attested to by the
clinical director of the laboratory in which it is located. This
must occur prior to the beginning of the program. The successful
completion of the program by the applicant shall be certified
by the clinical director.
- Is the license issued at the beginning of the yearlong training
No. The person must apply for licensure prior to the start of
the program, and the clinical director must attest and describe
the program at that time. Once the year-long program is completed
and certified by the clinical director who is responsible for
overseeing the program, the license will be issued.
- Does the applicant seeking a restricted license need a permit
of some kind to practice during the year of training?
No. Trainees in these approved training programs are exempt from
the licensure requirement as long as the activities constitute
a planned part of the program, and they are designated by a title,
such as intern, trainee, fellow or student and work directly
under the supervision of an individual licensed under the provisions
of this law or of specified exempt individuals.
- Is a restricted license required for the practice of histocompatibility,
cytogenetics, stem cell process, flow cytometry/cellular immunology,
and molecular diagnosis or may persons holding the generic license
as a Clinical Laboratory Technologist provide these services
All persons holding a generic license as a Clinical Laboratory
Technologist may provide laboratory services and activities for
the practice of histocompatibility, cytogenetics, stem cell process,
flow cytometry/cellular immunology, and molecular diagnosis.
As in all areas of practice, the licensee must have reason to
know that he/she is competent to engage in the practice.
- Are there additional laws, rules or regulations that apply
to the practice of clinical laboratory technology?
Yes, there are federal and state laws, rules and regulations
regarding the practice of clinical laboratory technology. Applicants
for licensure are responsible for knowing and becoming familiar
with these laws, rules and regulations. References to these laws,
rules and regulations and
in the application
packet ( ?? KB).
August 28, 2009