Requires state licensure of persons in the practice of orthopaedic technology; specifies certain requirements including examination, experience, age and character.
STATE OF NEW YORK
________________________________________________________________________
6547
IN SENATE
January 25, 2016
___________
Introduced by Sen. MURPHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to state licensure of
orthopaedic technologists
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 168 to
2 read as follows:
3 ARTICLE 168
4 ORTHOPAEDIC TECHNOLOGISTS
5 Section 8900. Introduction.
6 8901. Definition of the practice of orthopaedic technology.
7 8902. Use of the title "orthopaedic technologist".
8 8903. Requirements for professional licensure.
9 8904. Limited permits.
10 8905. Exemptions.
11 8906. State board.
12 § 8900. Introduction. This article applies to the profession of ortho-
13 paedic technology and to the use of the title "orthopaedic technolo-
14 gist". The general provisions for all professions contained in article
15 one hundred thirty of this title shall apply to this article.
16 § 8901. Definition of the practice of orthopaedic technology. The
17 practice of orthopaedic technology by an orthopaedic technologist shall
18 mean the performance of the following medical services under the super-
19 vision of a physician or surgeon involved in the musculoskeletal care of
20 patients:
21 1. Patient assessment for purposes of orthopaedic procedures;
22 2. Applying and removing casts;
23 3. Measuring and fitting patients for orthopaedic braces, devices, and
24 ambulatory aids;
25 4. Assisting in the application, maintenance, and adjustment of skele-
26 tal traction;
27 5. Fabricating and applying splints and bandages;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06508-06-6
S. 6547 2
1 6. Removing sutures, staples, and pins related to orthopaedic proce-
2 dures;
3 7. Instructing patients in the care of casts, splints, braces, or
4 orthopaedic devices and related skin care; and
5 8. Assisting a physician and surgeon in orthopaedic surgical proce-
6 dures.
7 For the purposes of this article, "supervision" shall mean a licensed
8 physician or surgeon's oversight of the activities of, and responsibil-
9 ity for, the medical services rendered by an orthopaedic technologist.
10 § 8902. Use of the title "orthopaedic technologist". No person, other
11 than one who is currently certified as an orthopaedic technologist,
12 shall practice as an orthopaedic technician or in a similar capacity or
13 hold himself or herself out as an "orthopaedic technologist," or shall
14 use any other term indicating or implying that he or she is an ortho-
15 paedic technologist.
16 § 8903. Requirements for professional licensure. To qualify for
17 certification as a certified orthopaedic technologist, an applicant
18 shall fulfill the following requirements:
19 1. Application: file an application with the department;
20 2. Experience: have experience in the practice of orthopaedic technol-
21 ogy satisfactory to the board and the department in accordance with the
22 commissioner's regulations;
23 3. Examination: pass a National Board for Certification of Orthopaedic
24 Technologists, Inc. examination acceptable to the board and the depart-
25 ment in accordance with the commissioner's regulations;
26 4. Age: be at least eighteen years of age;
27 5. Character: be of good moral character as determined by the depart-
28 ment; and
29 6. Fee: pay a fee of one hundred seventy-five dollars for an initial
30 license and a fee of eighty-five dollars for each triennial registration
31 period.
32 § 8904. Limited permits. Permits limited as to eligibility, practice
33 and duration shall be issued by the department to eligible applicants,
34 as follows:
35 1. Eligibility. A person who fulfills all requirements for a license
36 as a professional orthopaedic technologist except those relating to
37 examination or experience shall be eligible for a limited permit;
38 2. Limit of practice. A permittee shall be authorized to practice
39 orthopaedic technology only under the direct and immediate supervision
40 of a licensed or certified orthopaedic technologist or orthopedic
41 surgeon;
42 3. Duration. A limited permit shall be valid for two years. It may be
43 renewed biennially at the discretion of the department; and
44 4. Fee. The fee for each limited permit and for each renewal shall be
45 sixty dollars.
46 § 8905. Exemptions. Nothing in this article shall be construed to
47 affect, prevent or in any manner expand or limit the authority of any
48 person otherwise authorized by law or regulation to practice any func-
49 tion of an orthopaedic technologist.
50 § 8906. State board. A state board for orthopaedic technology shall be
51 appointed by the board of regents on recommendation of the commissioner
52 for the purpose of assisting the board of regents and the department on
53 matters of professional licensing and professional conduct in accordance
54 with section sixty-five hundred eight of this title. The board shall be
55 composed of at least three licensed orthopaedic technologists and at
56 least three public representatives who do not hold interests in the
S. 6547 3
1 organization, financing, or delivery of orthopaedic technologies. Addi-
2 tionally, the board shall contain no less than two orthopedic surgeons.
3 Members of the first board need not be licensed prior to their appoint-
4 ment to the board. The terms of the first appointed members shall not
5 exceed five years and may be renewed for a period of three additional
6 years at the discretion of the commissioner.
7 § 2. This act shall take effect on the first of January next succeed-
8 ing the date on which it shall have become a law.
