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S05353 Summary:

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S05353 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5353--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      May 16, 2013
                                       ___________
 
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed 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  licensure  of  perfu-

          sionists;  and  to  amend chapter 479 of the laws of 2012 amending the
          education law relating to licensure of perfusionists, in  relation  to
          extending the provisions of such chapter
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
     2  declares  that  the public interest requires the regulation of the prac-
     3  tice of perfusion and the establishment of clear licensure standards for
     4  perfusionists; and that the health and welfare of the residents  of  the
     5  state  will  be protected by identifying to the public those individuals
     6  who are qualified and legally authorized to practice perfusion.
     7    § 2. The education law is amended by adding a new article 134 to  read
     8  as follows:

     9                                 ARTICLE 134
    10                           LICENSED PERFUSIONISTS
    11  Section 6630. Definitions.
    12          6631. Practice  of  perfusion  and use of title "licensed perfu-
    13                  sionist".
    14          6632. Requirements for licensure as a perfusionist.
    15          6633. Special provisions.
    16          6634. State committee for perfusion.
    17          6635. Limited permits.
    18          6636. Exempt persons.
    19    § 6630. Definitions. As used in this article: 1. The term  "perfusion-
    20  ist"  means  a  person who is licensed to practice perfusion pursuant to
    21  this article.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD11084-05-3
        S. 5353--A                          2
 
     1    2. The term "registered program" means a program for the education  of
     2  perfusionists  which has been registered by the department or determined
     3  by the department to be the substantial equivalent.
     4    3.  The  term  "perfusion"  means  the  provision of extracorporeal or
     5  intracorporeal patient care services to support or replace the  circula-
     6  tory  or respiratory function of a patient, including the administration
     7  of pharmacological and therapeutic agents, and blood products,  and  the
     8  management,  treatment  and  monitoring of the physiological status of a

     9  patient during the operation of extracorporeal circulation equipment  or
    10  intracorporeal equipment that replaces or support circulatory or respir-
    11  atory functions.
    12    All perfusion services shall be pursuant to the order and direction of
    13  a  physician.  Perfusion services may be performed in a general hospital
    14  licensed pursuant to article twenty-eight of the public  health  law  or
    15  during  the  transport of patients or organs supported by extracorporeal
    16  or intracorporeal equipment.
    17    4. The term  "committee"  means  the  state  committee  for  perfusion
    18  created by section sixty-six hundred thirty-four of this article.
    19    §  6631.  Practice  of perfusion and use of title "licensed perfusion-

    20  ist".  Only a person licensed or exempt under this article  shall  prac-
    21  tice perfusion. Only persons licensed as perfusionists may use the title
    22  "licensed perfusionist".
    23    §  6632. Requirements for licensure as a perfusionist.  To qualify for
    24  licensure as a "licensed perfusionist", an applicant shall  fulfill  the
    25  following requirements:
    26    1. Application: file an application with the department;
    27    2. Education:
    28    a.  has  successfully  completed  a  baccalaureate or higher degree in
    29  perfusion registered by the department, or the substantial equivalent as
    30  determined by the department; or
    31    b. has completed a baccalaureate or higher degree and a credit bearing

    32  certificate program in perfusion acceptable to the department; or
    33    c. until two years from  the  effective  date  of  this  article,  has
    34  completed  a  baccalaureate  or higher degree and an accredited training
    35  program in perfusion acceptable to  the  department  pursuant  to  regu-
    36  lations.
    37    3. examination: has obtained a passing score on an examination accept-
    38  able to the department;
    39    4.  age:  at  the  time of application is at least twenty-one years of
    40  age;
    41    5. character: be of good moral character as determined by the  depart-
    42  ment;
    43    6.  Fee: pay a fee determined by the department for an initial license
    44  and for each triennial registration period.

    45    § 6633. Special provisions. An individual who meets  the  requirements
    46  for a license as a licensed perfusionist except for examination, experi-
    47  ence  and  education  and  who  meets  the requirements enumerated under
    48  subdivisions one or two of this section may be licensed without  meeting
    49  additional  requirements provided that such individual submits an appli-
    50  cation to the department within two years of the effective date of  this
    51  section:
    52    1. Applicants may be licensed if they have been practicing as a perfu-
    53  sionist  for  five years in the past ten years in an inpatient unit that
    54  provides cardiac surgery services in a hospital approved by the  depart-
    55  ment of health or a substantially equivalent accrediting body acceptable

        S. 5353--A                          3
 
     1  to  the  committee  and  the  department at least three of such years of
     2  experience having occurred during the past five years;
     3    2.  Applicants who possess certification from a national certification
     4  organization  acceptable  to  the  committee  and  the department may be
     5  licensed if they have been employed as a perfusionist for three  of  the
     6  past five years.
     7    § 6634. State committee for perfusion. 1. A state committee for perfu-
     8  sion  shall be appointed by the board of regents upon the recommendation
     9  of the commissioner as a committee of the board for medicine  to  advise
    10  solely  in  matters relating to perfusion and shall assist on matters of

    11  licensure and professional conduct.
    12    2. The committee shall consist of no fewer than eight individuals,  to
    13  be composed of a minimum of the following:
    14    a. four licensed perfusionists;
    15    b. two licensed physicians and
    16    c. two representatives of the public at large.
    17    §  6635.  Limited  permits.  1. Eligibility. A person who fulfills all
    18  requirements for licensure as a perfusionist except that relating to the
    19  examination shall be eligible for a limited permit.
    20    2. Limit of practice. A permittee shall be authorized to practice as a
    21  perfusionist only under the supervision of a licensed  perfusionist  and
    22  pursuant to the order and direction of a physician.

    23    3.  Duration.  A limited permit shall expire one year from the date of
    24  issuance. A limited permit may be extended for one additional  year  for
    25  good cause as determined by the department.
    26    4.  Fees.  The  fee  for each limited permit shall be one hundred five
    27  dollars.
    28    § 6636. Exempt persons. This article shall not prohibit:
    29    1. The practice of perfusion by any student who is engaged in clinical
    30  training in a general hospital licensed pursuant to article twenty-eight
    31  of the public health law or during the transport of patients  or  organs
    32  supported  by  extracorporeal  or  intracorporeal  equipment  and who is
    33  enrolled in a perfusion program approved  by  the  department,  provided

    34  such  practice  is  limited  to  such  clinical  training which shall be
    35  carried out under the direct supervision of a licensed perfusionist  and
    36  pursuant to the order and direction of a physician; or
    37    2. The performance of any of the tasks or responsibilities included in
    38  the  definition  of  perfusion  by  any other person licensed under this
    39  title, provided that such tasks or responsibilities  are  authorized  by
    40  the  article  governing  the profession pursuant to which said person is
    41  licensed; or
    42    3. The practice of perfusion by any legally qualified perfusionist  of
    43  any  other  state or territory who is serving in the armed forces or the
    44  public health service of the United States or who  is  employed  by  the

    45  veterans  administration, while engaged in the performance of his or her
    46  duties.
    47    § 3. Section 2 of chapter 479 of the laws of 2012 amending the  educa-
    48  tion  law  relating to licensure of perfusionists, is amended to read as
    49  follows:
    50    § 2. This act shall take effect on the ninetieth day  after  it  shall
    51  have become a law and shall expire and be deemed repealed [July 1, 2014]
    52  two  years after article 134 of the education law, as added by a chapter
    53  of the laws of 2013 entitled "AN ACT to  amend  the  education  law,  in
    54  relation  to licensure of perfusionists; and to amend chapter 479 of the
    55  laws of 2012 amending the education law relating to licensure of  perfu-
        S. 5353--A                          4
 

     1  sioinists,  in  relation  to  extending the provisions of such chapter",
     2  takes effect.
     3    § 4. This act shall take effect immediately provided that sections one
     4  and  two  of  this act shall take effect three years after it shall have
     5  become a law; provided, further, that effective immediately,  the  addi-
     6  tion,  amendment  and/or  repeal of any rule or regulation necessary for
     7  the implementation of this act on its effective date is  authorized  and
     8  directed to be made and completed on or before such effective date.