§ 8607. Special provisions. 1. Notwithstanding the requirements of
section eighty-six hundred five and eighty-six hundred six of this
article, and until July first, two thousand nine, an individual may be
licensed as a clinical laboratory technology practitioner, as defined in
section eighty-six hundred one of this article, provided that an
individual may be licensed pursuant to subparagraph (vi) of paragraph
(a) or subparagraph (iii) of paragraph (b) of this subdivision until
December thirty-first, two thousand thirteen provided such person:

(a) In the case of clinical laboratory technologist, has either:

(i) met the educational requirements for clinical laboratory
technologist as defined in section eighty-six hundred five of this
article and has been performing the duties of a clinical laboratory
technologist for two of the past five years prior to December
thirty-first, two thousand seven; or completed an approved baccalaureate
degree program in biological, chemical or physical sciences from an
accredited college or university and has been performing the duties of a
clinical laboratory technologist for two of the past five years prior to
December thirty-first, two thousand seven;

(ii) been engaged full-time in the education of clinical laboratory
practitioners for the equivalent of two of the past five years prior to
December thirty-first, two thousand seven;

(iii) performed the duties of a clinical laboratory technologist for
at least five years prior to December thirty-first, two thousand seven
as verified by a director of a clinical laboratory;

(iv) become previously qualified under other regulatory requirements
for that license or its equivalent;

(v) become a currently certified clinical laboratory technician with a
bachelor's degree from an accredited college that includes a minimum
number of credit hours in the sciences and four years of documented work
experience as a clinical laboratory technician, acceptable to the
department; or

(vi) become qualified to perform the duties of a clinical laboratory
technologist in a clinical laboratory operated in accordance with title
five of article five of the public health law and the regulations
promulgated thereunder, and competently performed the duties of a
clinical laboratory technologist in a clinical laboratory for a period
of not less than six months in the three years immediately preceding
December thirty-first, two thousand seven as verified by a director of
the clinical laboratory.

(b) In the case of a clinical laboratory technician, has either:

(i) met the educational requirements of a clinical laboratory
technician as defined in section eighty-six hundred six of this article
and performed the duties of a clinical laboratory technician for two of
the past five years prior to December thirty-first, two thousand seven;

(ii) performed the duties of a clinical laboratory technician for at
least five years prior to December thirty-first, two thousand seven or
has previously qualified under other regulatory requirements for such a
certification or such certification's equivalent; or

(iii) become qualified to perform the duties of a clinical laboratory
technician in a clinical laboratory operated in accordance with title
five of article five of the public health law and the regulations
promulgated thereunder, and competently performed the duties of a
clinical laboratory technician in a clinical laboratory for a period of
not less than six months in the three years immediately preceding
December thirty-first, two thousand seven as verified by a director of
the clinical laboratory.

(c) In the case of cytotechnologist, has either:

(i) met the educational requirements of a cytotechnologist as defined
in section eighty-six hundred five of this article and performed the
duties of a cytotechnologist for two of the previous five years prior to
December thirty-first, two thousand seven;

(ii) performed the duties of a cytotechnologist for at least five
years prior to December thirty-first, two thousand seven as verified by
a director of a clinical laboratory; or

(iii) has previously qualified under other regulatory requirements for
such a license or such license's equivalent.

(d) In the case of a histological technician, has either:

(i) met the educational requirements of a histological technician as
defined in section eighty-six hundred six-a of this article and
performed the duties of a histological technician for two of the past
five years prior to December thirty-first, two thousand seven;

(ii) performed the duties of a histological technician for at least
five years prior to December thirty-first, two thousand seven or has
previously qualified under other regulatory requirements for such a
certification or such certification's equivalent; or

(iii) become qualified to perform the duties of a histological
technician in a clinical laboratory operated in accordance with title
five of article five of the public health law and the regulations
promulgated thereunder, and competently performed the duties of a
histological technician in a clinical laboratory for a period of not
less than six months in the three years immediately preceding December
thirty-first, two thousand seven as verified by a director of the
clinical laboratory.

2. For the purposes of subdivision one of this section, it shall be
determined that the filing of an application with the department on or
before January first, two thousand nine shall qualify for purposes of
such subdivision, regardless of the time period required for processing
such application, provided that an application for licensure pursuant to
subparagraph (vi) of paragraph (a), subparagraph (iii) of paragraph (b),
or subparagraph (iii) or paragraph (d) of subdivision one of this
section shall be submitted on or before September first, two thousand
thirteen.

3. The commissioner may adopt such regulations as appropriate to
license or certify individuals who hold valid licenses, certifications
or their equivalent in another state or country, provided the standards
for granting licenses or certifications to such individuals are not less
than the standards required of persons otherwise licensed or certified
pursuant to this article.