US Lawyer Database

§  8601.  Definition of the practice of clinical laboratory technology
and clinical laboratory technology practitioner. 1. "Clinical laboratory
technology"  means  the  performance  of  microbiological,  virological,
serological,  chemical, immunohematological, hematological, biophysical,
cytogenetical, cytological or histological procedures  and  examinations
and  any other test or procedure conducted by a laboratory as defined by
title five of article five of the public health law, on material derived
from the human  body  which  provides  information  for  the  diagnosis,
prevention  or  treatment  of a disease or assessment of a human medical
condition.
  2. A "clinical  laboratory  practitioner"  means  clinical  laboratory
technologists,     cytotechnologists,    histotechnologists,    clinical
laboratory technicians, and histotechnicians as such terms  are  defined
in  this  subdivision,  who practice clinical laboratory technology in a
licensed clinical laboratory.  For  the  purposes  of  this  article,  a
licensed  clinical  laboratory does not include a laboratory operated by
any licensed physician, dentist, podiatrist, midwife or certified  nurse
practitioner  who performs laboratory tests or procedures, personally or
through his or her employees, solely as an adjunct to the  treatment  of
his or her own patients.

(a) "Clinical laboratory technologist" means a clinical laboratory practitioner who, pursuant to established and approved protocols of the department of health, performs clinical laboratory procedures and examinations and any other tests or procedures conducted by a clinical laboratory, including maintaining equipment and records, and performing quality assurance activities related to examination performance, and which require the exercise of independent judgment and responsibility, as determined by the department.

(b) "Cytotechnologist" means a clinical laboratory practitioner who, pursuant to established and approved protocols of the department of health, performs cytological procedures and examinations and any other such tests including maintaining equipment and records and performing quality assurance activities related to examination performance, and which require the exercise of independent judgment and responsibility, as determined by the department.

(c) "Histotechnologist" means a clinical laboratory practitioner who pursuant to established and approved protocols of the department of health performs slide based histological assays, tests, and procedures and any other such tests conducted by a clinical histology laboratory, including maintaining equipment and records and performing quality assurance activities relating to procedure performance on histological testing of human tissues, and which requires the exercise of independent judgment and responsibility as determined by the department.

(d) "Clinical laboratory technician" means a clinical laboratory practitioner who performs clinical laboratory procedures and examinations pursuant to established and approved protocols of the department of health, which require limited exercise of independent judgment and which are performed under the supervision of a clinical laboratory technologist, laboratory supervisor, or director of a clinical laboratory.

(e) "Histotechnician" means a clinical laboratory practitioner who pursuant to established and approved protocols of the department of health performs slide based histological assays, tests, and procedures and any other such tests conducted by a clinical histology laboratory, including maintaining equipment and records and performing quality assurance activities relating to procedure performance on histological testing of human tissues and which requires limited exercise of independent judgment and is performed under the supervision of a laboratory supervisor, designated by the director of a clinical laboratory or under the supervision of the director of the clinical laboratory.

(f) "Director of a clinical laboratory" means a director as that term is defined in section five hundred seventy-one of the public health law.

(g) "Laboratory supervisor" means an individual who, under the general direction of the laboratory director, supervises technical personnel and reporting of findings, performs tests requiring special scientific skills, and, in the absence of the director, is responsible for the proper performance of all laboratory procedures.