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Part 79 - Regulation of Individual Professions Subpart 79-16 Histotechnician

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 for professional education requirement for certification as a histotechnician, the applicant shall present evidence satisfactory to the department of:
    1. holding an associate or higher degree awarded upon successful completion of an associate or higher degree program registered as leading to certification as a histotechnican pursuant to section 52.41 of this Title; or
    2. completion of a histotechnician education program accredited by a national accrediting organization acceptable to the department; or
    3. current histotechnician certification by a national certification organization acceptable to the department; or
    4. histotechnician licensure in a jurisdiction acceptable to the department; or
  2. holding an associate or higher degree awarded upon successful completion of an associate or higher degree program that is substantially equivalent to a program registered as leading to certification as a histotechnician pursuant to section 52.41 of this Title as determined by the department 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 histotechnician.
  1. Content. To meet the examination requirement for professional certification as a histotechnician, the candidate shall pass a general examination for histotechnicians that is determined by the department to measure the applicant's knowledge, judgment, and skills concerning practice as a histological technician, as defined in section 8601(2)(d) 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 histotechnician to an applicant for certification who meets the requirements of this section.
  2. The applicant for a limited permit to practice as a histotechnician shall:
    1. file an application for certification as a histotechnician and a limited permit with the department and pay the initial certification and registration fee, as prescribed in section 8606-a of the Education Law, and a limited permit fee of $50;
    2. have met all requirements for certification as a histotechnician, except the examination requirement;
    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.
        4. 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)(d) of the Education Law, an applicant may be certified by the department as a histotechnician through meeting the requirements of this section. The applicant must apply for certification under this section by January 1, 2009, except as otherwise provided in subparagraph (b)(2)(iv) of this section, and shall meet the requirements for certification under this section by July 1, 2009, unless the particular requirement in this section prescribes an earlier date, in which case the earlier date must be met.
  2. The applicant shall:
    1. file the application for certification with the department and pay the fee for the initial certification and the fee for the first registration period, as prescribed in section 8606-a of the Education Law, all by January 1, 2009, except as otherwise provided in subparagraph (4)(iv) of this subdivision;
    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 certification, as prescribed in section 79-16.1 of this Subpart by July 1, 2009, and shall have successfully performed the duties of a histological technician for two years, meaning 2,880 clock hours, over the five years immediately preceding December 31, 2007; or
      2. the applicant shall have successfully performed the duties of a histological technician for five years, meaning 7,200 clock hours, prior to December 31, 2007, as verified in writing by the director of a clinical laboratory, as defined in section 571 of the Public Health Law; or
      3. the applicant, at the time of application, shall have previously been qualified for a certification or its equivalent to practice as a histological technician in New York State through other regulatory requirements of a governmental unit of New York State authorized by law to qualify individuals for such certification or its equivalent; or
      4. the applicant shall have competently performed the duties of a histological technician in a clinical laboratory operated in accordance with title V of article 5 of the Public Health Law and the regulations promulgated thereunder for six months, meaning 720 clock hours, in the three years immediately preceding December 31, 2007, as verified by a director of a clinical laboratory, and the applicant shall have applied for licensure and have paid the fee for the initial license and the fee for the first registration period by September 1, 2013.
  3. In accordance with section 8607(2) of the Education Law, an individual who on or before January 1, 2009 files with the department an application for certification as a histological technician under this section and certifies to a good faith belief that he or she has or will have met the requirements for certification 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 histological technician from the date of filing the application with the department until such time as the department has acted upon such application.
  1. In accordance with section 8608(2) of the Education Law, the department may issue a provisional permit pursuant to which the provisional permit holder may perform examinations and procedures within the definition of clinical laboratory technology set forth in section 8601(1) of the Education Law under the general supervision of the director of the clinical laboratory, as determined by the department, subject to the requirements set forth in Education Law, section 8608(2)(a) of the Education Law and this section.
  2. An application for a provisional permit to practice as a histotechnician shall:
    1. file an application for a histotechnician certificate and a provisional permit with the department and pay the applicable licensure and registration fee and provisional permit fee as prescribed in sections 8606-a(6) and 8608(2)(b)(v) of the Education Law;
    2. be at least 18 years of age;
    3. be of good moral character as determined by the department; and
    4. have received an education acceptable to the department, which shall include an associate or higher degree in the biological, chemical, or physical sciences.
  3. A provisional permit issued pursuant to this section shall be valid for a period of not more than twenty-four months and shall not be renewable.