§ 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.