Relates to licensing the practice of polysomnographic technology; establishes requirements and procedures for professional licensure and registration; allows limited permits to be issued to eligible applicants; establishes mandatory continuing education for licensed polysomnographic technologists.
STATE OF NEW YORK
________________________________________________________________________
9546--A
IN ASSEMBLY
January 14, 2010
___________
Introduced by M. of A. HOYT -- read once and referred to the Committee
on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to licensing the practice
of polysomnographic technology
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 167 to
2 read as follows:
3 ARTICLE 167
4 POLYSOMNOGRAPHIC TECHNOLOGY PRACTICE
5 Section 8800. Introduction.
6 8801. Definitions.
7 8802. Practice of polysomnographic technology.
8 8803. Use of the title "polysomnographic technologist".
9 8804. State committee for polysomnographic technology.
10 8805. Requirements and procedures for professional licensure and
11 registration.
12 8806. Limited permits.
13 8807. Exemptions.
14 8808. Special provisions.
15 8809. Mandatory continuing education.
16 § 8800. Introduction. This article applies to the profession of
17 licensed polysomnographic technology. The general provisions for all
18 professions contained in article one hundred thirty of this title apply
19 to this article.
20 § 8801. Definitions. As used in this article:
21 1. The term "practice of polysomnographic technology" shall mean the
22 process of analyzing, scoring, monitoring and recording of physiologic
23 data during sleep and wakefulness to assist in the clinical assessment
24 and diagnosis of sleep/wake disorders and other disorders, syndromes and
25 dysfunctions that either are sleep related, manifest during sleep or
26 disrupt normal sleep/wake cycles and activities.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15409-02-0
A. 9546--A 2
1 2. The term "practice of the profession of polysomnographic technolo-
2 gy" shall mean the professional services practiced in any setting under
3 the direction and supervision of a licensed physician involving the
4 monitoring, testing and treatment of individuals suffering from any
5 sleep disorder as listed in an authoritative classification of sleep
6 disorders acceptable to the department. Such procedures include but are
7 not limited to:
8 (a) application of electrodes and apparatus necessary to monitor and
9 evaluate sleep disturbances, including application of devices that allow
10 a physician to diagnose and treat sleep disorders, which disorders
11 include but shall not be limited to insomnia, sleep breathing disorders,
12 movement disorders, disorders of excessive somnolence, and parasomnias;
13 (b) institution of any type of physiologic monitoring applicable to
14 polysomnography including the therapeutic and diagnostic use of oxygen,
15 continuous positive airway pressure (CPAP) and bi-level positive airway
16 pressure (BiPAP) of non-ventilated patients;
17 (c) initiation of cardiopulmonary resuscitation, maintenance of
18 patient's airway (which does not include endotracheal intubation), tran-
19 scription and implementation of physician orders pertaining to the prac-
20 tice of polysomnographic technology;
21 (d) initiation of treatment changes and testing techniques required
22 for the implementation of polysomnographic protocols under the direction
23 and supervision of a licensed physician who specializes in the practice
24 of sleep medicine; and
25 (e) education of patients, family and public on the procedures and
26 treatments used during polysomnographic technology or any equipment or
27 procedure used for the treatment of any sleep disorder.
28 § 8802. Practice of polysomnographic technology. Only a person
29 licensed and registered or exempt under this article shall practice
30 polysomnographic technology.
31 § 8803. Use of the title "polysomnographic technologist". Only a
32 person licensed under this article shall use the title "licensed poly-
33 somnographic technologist," "polysomnographic technologist," or
34 "licensed sleep tech".
35 § 8804. State committee for polysomnographic technology. 1. A state
36 committee for polysomnographic technology shall be appointed by the
37 board of regents upon the recommendation of the commissioner and shall
38 assist on matters of professional licensing, practice and conduct in
39 accordance with section sixty-five hundred eight of this title.
40 2. Notwithstanding the provisions of section sixty-five hundred eight
41 of this title, the committee shall assist the state board for medicine
42 solely in polysomnographic technology matters, which board shall also
43 function as the state board for polysomnographic technology. Any member
44 of the first board appointed who is a polysomnographic technologist need
45 not be licensed prior to appointment on the board; provided however,
46 that any first appointed polysomnographic technologist shall be regis-
47 tered by a national certifying or accrediting board acceptable to the
48 department.
49 3. The committee shall consist of nine individuals, to be composed of
50 the following:
51 (a) five licensed polysomnographic technologists, who are not licensed
52 to practice any other profession regulated pursuant to this title;
53 (b) two licensed respiratory therapists who have training and/or expe-
54 rience in the diagnosis or treatment of sleep disorders;
55 (c) one licensed physician who practices in the field of sleep medi-
56 cine; and
A. 9546--A 3
1 (d) a representative of the public at large.
2 § 8805. Requirements and procedures for professional licensure and
3 registration. 1. To qualify for a license as a licensed polysomnographic
4 technologist, an applicant shall fulfill the following requirements:
5 (a) Application: file an application with the department;
6 (b) Education: (i) received an associate degree in polysomnographic
7 technology from a program registered by the department, or another asso-
8 ciate degree program determined by the department to be substantially
9 equivalent, from an accredited college or university in accordance with
10 the commissioner's regulations; provided however, that this education
11 requirement shall not become effective until such time as there are at
12 least four licensure qualifying associate degree programs acceptable to
13 the department in polysomnographic technology operated by accredited
14 colleges or universities in the state; or
15 (ii) completed a course of study substantially equivalent to an asso-
16 ciate degree program determined to be acceptable pursuant to subpara-
17 graph (i) of this paragraph, and which is satisfactory to the commis-
18 sioner and in accordance with the commissioner's regulations for the
19 practice of polysomnographic technology;
20 (c) Experience: have experience satisfactory to the board and in
21 accordance with the commissioner's regulations;
22 (d) Examination: pass an examination satisfactory to the board and in
23 accordance with the commissioner's regulations;
24 (e) Age: be at least eighteen years of age;
25 (f) Character: be of good moral character as determined by the depart-
26 ment; and
27 (g) Fee: pay a one-time fee of three hundred dollars for licensure.
28 2. Except as provided in section eighty-eight hundred seven of this
29 article, each licensed polysomnographic technologist shall be required
30 to register triennially with the department to practice in the state,
31 and shall pay a fee of three hundred dollars for each triennial regis-
32 tration period.
33 § 8806. Limited permits. Limited permits may be issued by the depart-
34 ment to eligible applicants, as follows:
35 1. Eligibility: A person who fulfills all requirements for a license
36 as a polysomnographic technologist except those relating to examination
37 shall be eligible for a limited permit;
38 2. Limit of practice: All practice under a limited permit shall be
39 under the direction and supervision of a licensed physician and only
40 while under the direct and immediate supervision of a health care
41 provider regulated pursuant to this title including, but not limited to,
42 a physician, polysomnographic technologist, registered nurse, respir-
43 atory therapist, and nurse practitioner; provided however, that the
44 tasks or responsibilities supervised by the health care provider are
45 within the scope of his or her practice;
46 3. Duration: A limited permit shall be valid for one year and may be
47 renewed for one additional year; and
48 4. Fee: The fee for each limited permit and for each renewal shall be
49 fifty dollars.
50 § 8807. Exemptions. This article shall not prohibit:
51 1. The practice of licensed polysomnographic technology as an integral
52 part of a program of study by students enrolled in registered polysomno-
53 graphic technology education programs or registered respiratory care
54 programs;
55 2. The performance of any of the functions included in the definition
56 of polysomnographic technology by any other duly licensed, certified or
A. 9546--A 4
1 registered health care provider, provided that such functions are within
2 the scope of her or his practice;
3 3. The practice of polysomnographic technology by any legally author-
4 ized polysomnographic practitioner of any other state or territory who
5 is serving in the armed forces or the public health service of the
6 United States or who is employed by the veteran's administration, while
7 engaged in the performance of such duties;
8 4. The practice of polysomnographic technology by a licensed respir-
9 atory therapist or a respiratory therapy technician; and
10 5. The practice of polysomnographic technology for the purposes of
11 clinical research, provided that the research has been approved by a
12 duly authorized institutional review board and such practice is under
13 the direction and supervision of a licensed physician.
14 § 8808. Special provisions. A person shall be licensed without exam-
15 ination or satisfying the education requirement, provided that within
16 one year of the effective date of regulations implementing the
17 provisions of this article, the individual meets the following require-
18 ments:
19 1. files an application and pays the appropriate fees to the depart-
20 ment;
21 2. is certified by a national certifying or accrediting board for
22 polysomnography acceptable to the department, and has practiced polysom-
23 nography under the direction and supervision of a licensed physician who
24 specializes in the practice of sleep medicine for eighteen months or
25 more in the previous three years; provided that such experience shall
26 not be acceptable for licensure after December thirty-first, two thou-
27 sand eleven; or
28 3. has practiced polysomnography under the direction and supervision
29 of a licensed physician who specializes in the practice of sleep medi-
30 cine for not less than three years within the last five years prior to
31 the effective date of this article.
32 § 8809. Mandatory continuing education. 1. A licensed polysomnographic
33 technologist required under this article to register triennially with
34 the department shall comply with the provisions of the mandatory contin-
35 uing education requirements prescribed in subdivision four of this
36 section except as set forth in subdivisions two and three of this
37 section. A licensed polysomnographic technologist who does not satisfy
38 the mandatory continuing education requirements shall not practice until
39 he or she has met such requirements, and he or she has been issued a
40 registration certificate, except that a licensed polysomnographic tech-
41 nologist may practice without having met such requirements if he or she
42 is issued a conditional registration certificate pursuant to subdivision
43 five of this section.
44 2. A licensed polysomnographic technologist shall be exempt from the
45 mandatory continuing education requirement for the triennial registra-
46 tion period during which he or she is first licensed. In accord with the
47 intent of this section, adjustment to the mandatory continuing education
48 requirement may be granted by the department for reasons of health
49 certified by an appropriate health care professional, for extended
50 active duty with the armed forces of the United States, or for other
51 good cause acceptable to the department which may prevent compliance.
52 3. A licensed polysomnographic technologist not engaged in the prac-
53 tice of polysomnographic technology, as determined by the department,
54 shall be exempt from the mandatory continuing education requirement upon
55 the filing of a statement with the department declaring such status. A
56 licensee who returns to the practice of polysomnographic technology
A. 9546--A 5
1 during the triennial registration period shall notify the department
2 prior to reentering the profession and shall meet such mandatory educa-
3 tion requirements in accordance with commissioner's regulations.
4 4. During each triennial registration period an applicant for regis-
5 tration as a licensed polysomnographic technologist shall complete a
6 minimum of twenty-four hours of acceptable formal continuing education,
7 as specified in subdivision six of this section. A licensee who has not
8 satisfied the mandatory continuing education requirements shall not be
9 issued a triennial registration certificate by the department and shall
10 not practice unless and until a conditional registration certificate is
11 issued, as provided for in subdivision five of this section. Continuing
12 education hours taken during one triennium may not be transferred to a
13 subsequent triennium.
14 5. The department, in its discretion, may issue a conditional regis-
15 tration to a licensee who fails to meet the mandatory continuing educa-
16 tion requirements established in subdivision one of this section but who
17 agrees to make up any deficiencies and complete any additional education
18 which the department may require. The fee for such a conditional regis-
19 tration shall be the same as, and in addition to, the fee for the trien-
20 nial registration. The duration of such conditional registration shall
21 be determined by the department but shall not exceed one year. Any
22 licensee who is notified of the denial of registration for failure to
23 submit evidence, satisfactory to the department, of mandatory continuing
24 education and who practices without such registration, may be subject to
25 disciplinary proceedings pursuant to section sixty-five hundred ten of
26 this title.
27 6. As used in subdivision four of this section, "acceptable formal
28 continuing education" shall mean formal courses of learning which
29 contribute to professional practice in polysomnographic technology and
30 which meet the standards prescribed by regulations of the commissioner.
31 Such formal courses of learning shall include, but shall not be limited
32 to, collegiate level credit and non-credit courses, professional devel-
33 opment programs and technical sessions offered by national, state and
34 local professional associations and other organizations acceptable to
35 the department, and any other organized educational and technical
36 programs acceptable to the department. The department may, in its
37 discretion and as needed to contribute to the health and welfare of the
38 public, require the completion of continuing education courses in
39 specific subjects to fulfill the mandatory continuing education require-
40 ment. Courses must be taken from a sponsor approved by the department,
41 pursuant to the regulations of the commissioner.
42 7. A licensed polysomnographic technologist shall maintain adequate
43 documentation of completion of acceptable formal continuing education
44 and shall provide such documentation at the request of the department.
45 Failure to provide such documentation upon the request of the department
46 shall be an act of misconduct subject to disciplinary proceedings pursu-
47 ant to section sixty-five hundred ten of this title.
48 § 2. This act shall take effect one year after it shall have become a
49 law; provided further, that subdivision 2 of section 8805 of the educa-
50 tion law as added by section one of this act shall not take effect until
51 such time as there are at least four licensure qualifying associate
52 degree programs, acceptable to the department of education, in polysom-
53 nographic technology operated by accredited colleges or universities in
54 the state; provided further, however, that the department of education
55 shall notify the legislative bill drafting commission upon the creation
56 of four acceptable qualifying associate degree programs in order that
A. 9546--A 6
1 the commission may maintain an accurate and timely effective data base
2 of the official text of the laws of the state of New York in furtherance
3 of effectuating the provisions of section 44 of the legislative law and
4 section 70-b of the public officers law. Effective immediately the addi-
5 tion, amendment and/or repeal of any rule or regulation necessary for
6 the implementation of this act on its effective date is authorized to be
7 made on or before such effective date.
