Clinical Laboratory Technologist Restricted License Questions & Answers

General Information | Restricted Clinical Laboratory Licenses

General Information

  1. 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 (restricted licenses) within the clinical laboratory technology professions under the oversight of the Board of Regents.

  2. 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.

  3. Will those who have already submitted Form 1 and the fee for application be able to use one of the new pathways or methods of licensure?

    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.

  4. 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 in one of the clinical laboratory technology professions.

Restricted Clinical Laboratory Licenses

  1. 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:

    • Histocompatibility
    • Cytogenetics
    • Stem cell process
    • Flow cytometry/cellular immunology
    • Molecular diagnosis to the extent that this molecular diagnosis is included in genetic testing-molecular and molecular oncology.

    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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. Is the license issued at the beginning of the yearlong training program?

    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.

  7. 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.

  8. 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 and activities.

    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.

  9. 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 ( PDF ?? KB).
Last Updated: August 28, 2009