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Part 79 - Regulation of Individual Professions Subpart 79-14 Cytotechnologist

Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.

  1. To meet the professional education or alternative to professional education requirement for licensure as a cytotechnologist, the applicant shall present evidence satisfactory to the department of:
    1. holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in cytotechnology registered as leading to licensure as a cytotechnologist pursuant to section 52.39 of this Title; or
    2. holding a baccalaureate or higher degree awarded upon successful completion of a baccalaureate or higher degree program in cytotechnology that is substantially equivalent to a program registered as leading to licensure as a cytotechnologist pursuant to section 52.39 of this Title as determined by the department, which program must be accredited by an acceptable accrediting agency or 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, and must be designed and conducted by the degree-granting institution to prepare graduates to practice as cytotechnologists using independent judgment and responsibility; or
    3. current cytotechnology certification by a national certification organization acceptable to the department; or
    4. cytotechnology licensure in a jurisdiction acceptable to the department; or
    5. successful completion of both:
      1. 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
      2. a credit bearing program in cytotechnology in addition to such baccalaureate or higher degree study that is registered as leading to licensure as a cytotechnologist pursuant to section 52.39 of this Title or substantially equivalent to such a registered program as determined by the department. Such equivalent program must be accredited by an acceptable accrediting agency or 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, and must be designed and conducted by the degree-granting institution to prepare graduates to practice as a cytotechnologist using independent judgment and responsibility.
  1. 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.
  2. 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.
  1. 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.
  2. The applicant for a cytotechnologist license and a limited permit to practice as a cytotechnologist shall:
    1. file an application for a cytotechnologist license and 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 $50;
    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.
      1. 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.
      2. 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:
        1. serve the laboratory full-time, or on a regular part-time basis;
        2. ensure the supervision of the technical performance of the permit holder, and be readily available for consultation with the permit holder, as needed; and
        3. 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.
  3. The limited permit issued pursuant to this section shall be valid for a period of not more than twenty-four months from the date of issuance and shall not be renewable.
  1. 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 section. The applicant must apply for licensure under this section by January 1, 2009, and meet the requirements for licensure under this section by July 1, 2009, unless the particular requirement prescribes an earlier date for completion, in which case the requirement must be completed by that earlier date.
  2. 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 January 1, 2009;
    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:
      1. the applicant shall meet the professional education requirement for licensure, as prescribed in section 79-14.1 of this Subpart by July 1, 2009, and shall have successfully performed the duties of a cytotechnologist for two years, meaning 2,880 clock hours, over the five years immediately preceding December 31, 2007; or
      2. 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; or
      3. the applicant shall have successfully performed the duties of a cytotechnologist for at least five years, meaning 7,200 clock hours, prior to December 31, 2007, as verified in writing by a director of a clinical laboratory, as defined in section 571 of the Public Health Law.
  3. In accordance with subdivision (2) of section 8607 of the Education Law, an individual who on or before January 1, 2009 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 July 1, 2009, 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.