N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 79-16.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 79-16.4 - Special provisions

(a) 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.

(b) 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:

(i) 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

(ii) 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

(iii) 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

(iv) 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.

(c) 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.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 79-16.4

Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023