NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A236A
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the education law, in relation to the license require-
ments for the practice of respiratory therapy
PURPOSE:
To update the license requirements for respiratory therapy consistent
with current national standards.
SUMMARY OF PROVISIONS:
Section 1 changes the educational requirement for licensure as a respir-
atory therapist to first require an associate degree for initial licen-
sure and then, within six years of initial licensure, require a bach-
elor's degree to maintain continued registration. Alternatively,
applicants may participate in programs deemed to be equivalent to the
required associate and baccalaureate degrees by the Education Depart-
ment. The Education Department is empowered to issue a three-year tempo-
rary educational exemption to licensees who are unable to meet the
baccalaureate degree requirement due to a demonstrated lack of access to
educational programs corroborated by corresponding letters from both
programs affirming that the applicant is not accepted due to a limited
number of seats available in their programs.
Section 2 changes the licensing of new respiratory therapist technicians
to first be an initial license valid for a single three-year period,
during or after which, they must subsequently satisfy the licensure
requirements for an initial respiratory therapist license in order to
continue the practice of respiratory therapy in New York State.
Sections 3 and 4 state that new licensure requirements will not affect
currently licensed respiratory therapists or respiratory therapy techni-
cians.
Section 5 establishes an immediate effective date with the exception of
section one which will take effect three years after it shall have
become a law.
JUSTIFICATION:
This legislation will improve the health, safety, and welfare of New
York citizens in need of respiratory therapy services by requiring
further education for both respiratory therapists and respiratory thera-
py technicians. Respiratory Therapists are healthcare practitioners who
play an integral part in diagnosing lung and breathing disorders,
consulting with physicians on treatments, assessing patients, and recom-
mending specific changes in therapy based on their patient assessments.
Respiratory Therapists contribute heavily to managing patients on
mechanical ventilation and artificial airway devices, and actively
participate in rapid response teams to emergency situations such as the
COVID-19 pandemic which significantly increased critical care patient
load. Respiratory Therapy Technicians support Respiratory Therapists and
physicians by administering basic treatments such as oxygen therapy,
monitoring patients, and maintaining respiratory equipment playing a
vital role in delivering frontline respiratory care under supervision in
hospitals and other healthcare settings.
New York first recognized the practice of respiratory therapy and
respiratory therapist technician as licensed professions in 1992.
Cardiopulmonary medicine, pharmaceutical treatment, and medical technol-
ogy have significantly advanced since 1992, as has the academic prepara-
tion and professional standards for Respiratory Therapists. A corre-
sponding advancement in educational requirements for licensure to a
bachelor's degree is necessary to ensure that future respiratory thera-
pists are adequately academically prepared for this expanding role.
Associate degree programs have a limited amount of time to deliver the
curriculum while bachelor's degree programs have greater capacity for
educational training and experience in more advanced clinical practice,
teaching, management, and research. A national educational accrediting
body report indicates that individuals who were baccalaureate prepared
had a greater passage rate for Registered Respiratory Therapist creden-
tialing than those who were associate degree prepared.
Current educational standards for Respiratory Therapists require, at
minimum, an associate's degree from a valid respiratory therapy program.
Under this bill, Respiratory Therapists would be able to reach initial
licensure with an associate's degree and then, within 6 years, be
required to attain a bachelor's degree from a valid respiratory therapy
program to maintain continued registration within their practice. Simi-
larly, new Respiratory Therapy Technicians will be eligible to practice
under licensure for a single three-year period after which they will be
required to fulfill the requirements for, and obtain, a license as a
Respiratory Therapist. There are no longer any Respiratory Therapy Tech-
nician training programs in New York, and therefore, new applicants for
the Respiratory Therapy Technician license are applying for licensure as
a graduate of an associate's degree program, but may not have satisfied
the necessary examination requirements for licensure as a respiratory
therapist. Individuals currently licensed as Respiratory Therapists or
Respiratory Therapy Technicians will not be impacted by this legis-
lation.
This licensure on-ramp created in this bill allows New York to maintain
an associates level entry point for both respiratory therapists and
respiratory therapy technicians maintaining the role of community
colleges in respiratory therapy education while alleviating enrollment
shortfalls in baccalaureate level respiratory therapy programs. Requir-
ing a bachelor's degree, whether attained prior to practice or during,
better equips applicants for therapist licensure to fulfill exam
requirements. Those who do not meet the established benchmarks for
Respiratory Therapists are still able to practice as Respiratory Therapy
Technicians for an initial three-year period. This provides both practi-
tioners the flexibility to meet respective exam benchmarks and fulfill
educational standards for respiratory therapist licensure at whichever
pace is most feasible for them.
LEGISLATIVE HISTORY:
2023-2024: A.201-A;
2021-2022: A.1358-A;
2019-2020: A.7304;
2017-2018: A.10798
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Two years following enactment.
