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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| May 18, 2010 |
referred to higher education delivered to assembly passed senate |
| May 10, 2010 |
advanced to third reading |
| May 05, 2010 |
2nd report cal. |
| May 04, 2010 |
1st report cal.491 |
| Apr 14, 2010 |
reported and committed to finance |
| Mar 09, 2010 |
referred to higher education |
Senate Bill S7047
2009-2010 Legislative Session
Relates to licensing the practice of polysomnographic technology
download bill text pdfSponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 18, 2010
aye (61)- Adams
- Addabbo Jr.
- Alesi
- Aubertine
- Bonacic
- Breslin
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Flanagan
- Foley
- Fuschillo
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Johnson
- Klein
- Krueger
- Kruger
- LaValle
- Lanza
- Larkin
- Leibell
- Libous
- Little
- Marcellino
- Maziarz
- McDonald
- Montgomery
- Nozzolio
- Onorato
- Oppenheimer
- Padavan
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Robach
- Saland
- Sampson
- Savino
- Schneiderman
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stachowski
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
- Volker
- Winner
- Young
excused (1)
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Apr 14, 2010 - Higher Education Committee Vote
S704718Aye0Nay0Aye with Reservations0Absent0Excused0AbstainedMay 4, 2010 - Finance Committee Vote
S704723Aye3Nay7Aye with Reservations0Absent0Excused0Abstained -
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2009-S7047 (ACTIVE) - Details
- Current Committee:
- Assembly Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Add Art 167 §§8800 - 8809, Ed L
2009-S7047 (ACTIVE) - Summary
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.
2009-S7047 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7047
TITLE OF BILL : REVISED 04/12/10
An act to amend the education law, in relation to licensing the
practice of polysomnographic technology
PURPOSE OR GENERAL IDEA OF BILL :
To ensure that persons suffering from sleep disorders are diagnosed
and treated only by competent and qualified polysomnographic
technology professionals who are licensed and registered with the
State Education Department.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill would add a new Article 167 (§ 8800 to § 8809)
to the Education Law to prescribe the requirements and related
provisions for the practice of polysomnographic technology in New York
State, as follows:
§ 8800. Provide that Education Law Article 130, related to standards
of professional misconduct and unauthorized acts, would apply to the
practice of polysomnographic technology.
§ 8801. Define the terms "practice of polysomnographic technology" and
"practice of the profession of polysomnographic technology" which
relate to the diagnosis and treatment of sleep/wake disorders,
syndromes and dysfunctions. § 8802. Require that only a person who is licensed and registered, or exempt from such requirements, shall practice polysomnographic technology. § 8803. Authorize only a person licensed pursuant to this new article to use the title of "licensed polysomnographic technologist", "polysomnographic technologist" or "licensed sleep tech". § 8804. Establish the State Committee for polysomnographic Technology to assist the State Board of Medicine on polysomnographic technology matters, and which shall also function as the State Board of Polysomnographic Technology. The Committee shall be comprised of nine members appointed by the Board of Regents, upon recommendation of the Commissioner of Education, and shall include five licensed polysomnographic technologists, two licensed respiratory therapists with training and/or experience in sleep disorders, one licensed physician who practices in the field of sleep medicine, and one representative of the public. § 8805. Prescribe the qualifications for a polysomnographic technology license, including that a prospective licensee: a. File an application with the State Education Department; b. Have an associate degree in polysomnographic technology from an accredited college or university, or completed course work substantially equivalent to an associate degree program in polysomnographic technology which is satisfactory to the Commissioner of Education for the practice of polysomnographic technology; c. Have experience satisfactory to the state Board of polysomnographic Technology; d. Pass an examination satisfactory to the Board; e. Be at least eighteen years of age; f. Be of good moral character, as determined by the state Education Department; and g. pay a one-time licensure fee of three hundred dollars. Require each licensed polysomnographic technologist to register every three years with the State Education Department and pay a fee of three hundred dollars for each registration period. § 8806. Authorize the state Education Department to issue limited permits to persons who fulfill all of the licensing requirements except the examination requirement. Such permittee would only be authorized to practice under the direction and supervision of a licensed physician, and under the direct and immediate supervision of a licensed polysomnographic technologist or other appropriately competent physician or health care professional. The limited permits would be valid for one year, may be renewed for an additional year, and would be issued upon payment of a fifty dollar fee. § 8807. Exempt from the licensure and registration requirements would be those persons who are: a. Students enrolled in registered polysomnographic technology education programs or registered respiratory care programs; b. Qualified and licensed, certified, or registered health care providers; c. polysomnographic practitioners legally qualified in any other state or territory and who are performing duties related to their service in the armed forces, the United States Public Health Service, or the Veteran's Administration; d. Licensed respiratory therapists or respiratory therapy technicians; and e. Practicing polysomnographic technology for approved clinical research purposes, under the direction and supervision of a licensed physician. § 8808. Authorize a person who has not passed the examination or satisfied the education requirement to be licensed as a polysomnographic technologist if, within one year of the effective date of the implementing regulations, the person: a. Files an application and pays the appropriate licensing fee to the State Education Department; b. Is certified by a national certifying or accrediting board for polysomnography acceptable to the State Education Department; and c: Has practiced polysomnography under the direction and supervision of a licensed physician who specializes in the practice of sleep medicine for eighteen months or more in the previous three years; provided that such experience shall not be acceptable for licensure after December 31, 2011. § 8809. Require each licensed polysomnographic technologist to complete a minimum of twenty-four hours of continuing education acceptable to the state Education Department during each triennial period, with such person not being issued a certificate of registration unless such requirement has been satisfied. Exemptions from the continuing education requirement would be provided to licensed polysomnographic technologists in their first triennial registration period and those licensees not engaged in the practice of polysomnographic technology, evidenced by a filing statement with the Department. The State Education Department would be authorized to issue a one-year, conditional registration to a licensee who fails to meet the mandatory continuing education requirement, provided the licensee agrees to complete any additional education the Department may require and pay the triennial registration fee. Licensed polysomnographic technologists would be required to maintain adequate documentation of completion of the continuing education course work and provide such documentation upon request of the Department. JUSTIFICATION : Insufficient or irregular sleep is a growing national health issue. It is estimated that between 40 and 70 million Americans suffer from sleep disorders and an additional 20 to 30 million people have intermittent sleep-related problems. The human and economic costs resulting from sleep deprivation and sleep disorders are staggering with sleep disorders having repeatedly been found to greatly heighten the risk of many serious illnesses including colon cancer, breast cancer, heart disease, stroke, diabetes, Sudden Infant Death Syndrome and obesity. Additionally, there are thousands of deaths and injuries attributable to sleep-related vehicular accidents each year, which account for approximately twenty percent of all vehicular accidents. The economic cost of sleep-related disorders is estimated to be up to $150 billion annually in employment absenteeism and lost productivity with an additional $50 billion to $100 billion in indirect costs related to accident litigation, destruction of property, medical care, and death. There are over eighty different. Classified sleep disorders including chronic insomnia, sleep apnea, restless leg syndrome, narcolepsy, and parasomnias. In addition to the millions of Americans known to suffer from sleep disorders, ninety-five percent of all persons with sleep disorders remain undiagnosed because many health care providers are neither adequately trained nor informed to diagnose and treat sleep disorders. Given the compelling health issues and costs at stake, the diagnosis and treatment of sleep disorders has become a vital health care issue. In response to this need, there has been an emergence of independent sleep centers, sleep labs and hospitals using state-of-the-art equipment to monitor, test and treat patients suffering from sleep disorders. These facilities rely upon a team of professionals including physicians specializing in sleep disorders, nurses, respiratory therapists, and polysomnographic technologists. As the diagnosis and treatment of sleep disorders has developed, polysomnographic technologists have played an integral and, perhaps, the most visible function in patient care including administering sleep tests and working with physicians to provide information needed for the accurate diagnosis and treatment of such disorders. They typically are responsible for: gathering and analyzing patient information and ensuring the appropriate tests are performed; administering tests which may involve connections of electrodes, sensors, and air masks; monitoring, scoring and evaluating test results; and ensuring patient safety. Polysomnographic technologists are highly trained and often experienced professionals who work under the supervision of, and in cooperation with, physicians and other health care providers. Importantly, since the diagnosis of a patient usually occurs over a one- or two-night period, polysomnographic technologists are relied upon to work overnight shifts unlike other health care providers. Because polysomnographic technologists provide such a vital service which often involves, for instance, connecting and monitoring breathing apparatus, the State Education Department (SED) has mandated that these technologists demonstrate the appropriate training and experience through a state licensure and registration regulatory scheme. SED has determined that if a legislative solution does not occur, persons who provide polysomnographic services without the appropriate license could be prosecuted for illegal practice and licensed health care providers who assist in such practice may be charged with professional misconduct. As a result, enactment of this bill is essential in the current legislative session to ensure the continuation of the important work by polysomnographic technologists and that state resources are not diminished in enforcing against well-intentioned and qualified health care practitioners. This bill would require the licensure and registration of the profession of polysomnographic technology with an emphasis on ensuring that polysomnographic technologists practicing in New York State are adequately educated, trained, supervised and regulated for the protection of patients under their care. It would make certain that they are both competent and qualified to work with patients and in cooperation with other health care providers, who similarly are required by law to be qualified and regulated by SED or the State Health Department. PRIOR LEGISLATIVE HISTORY : 2008: A.10961-A/S.8037-A Referred to Higher Education FISCAL IMPLICATIONS : None. EFFECTIVE DATE : This act shall take effect one year after it shall have become a law; provided further, that subdivision 2 of section 8805 of the education law as added by section one of this act shall not take effect until such time as there are at least four licensure qualifying associate degree programs, acceptable to the department of education, in polysomnographic technology operated by accredited colleges or universities in the state; provided further, however, that the department of education shall notify the legislative bill drafting commission upon the creation of four acceptable qualifying associate degree programs in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such effective date.
2009-S7047 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7047
I N S E N A T E
March 9, 2010
___________
Introduced by Sen. FOLEY -- 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 licensing the practice
of polysomnographic technology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new article 167 to
read as follows:
ARTICLE 167
POLYSOMNOGRAPHIC TECHNOLOGY PRACTICE
SECTION 8800. INTRODUCTION.
8801. DEFINITIONS.
8802. PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY.
8803. USE OF THE TITLE "POLYSOMNOGRAPHIC TECHNOLOGIST".
8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY.
8805. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE AND
REGISTRATION.
8806. LIMITED PERMITS.
8807. EXEMPTIONS.
8808. SPECIAL PROVISIONS.
8809. MANDATORY CONTINUING EDUCATION.
S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF
LICENSED POLYSOMNOGRAPHIC TECHNOLOGY. THE GENERAL PROVISIONS FOR ALL
PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY
TO THIS ARTICLE.
S 8801. DEFINITIONS. AS USED IN THIS ARTICLE:
1. THE TERM "PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY" SHALL MEAN THE
PROCESS OF ANALYZING, SCORING, MONITORING AND RECORDING OF PHYSIOLOGIC
DATA DURING SLEEP AND WAKEFULNESS TO ASSIST IN THE CLINICAL ASSESSMENT
AND DIAGNOSIS OF SLEEP/WAKE DISORDERS AND OTHER DISORDERS, SYNDROMES AND
DYSFUNCTIONS THAT EITHER ARE SLEEP RELATED, MANIFEST DURING SLEEP OR
DISRUPT NORMAL SLEEP/WAKE CYCLES AND ACTIVITIES.
2. THE TERM "PRACTICE OF THE PROFESSION OF POLYSOMNOGRAPHIC TECHNOLO-
GY" SHALL MEAN THE PROFESSIONAL SERVICES PRACTICED IN ANY SETTING UNDER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15409-01-0 S. 7047 2 THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN INVOLVING THE MONITORING, TESTING AND TREATMENT OF INDIVIDUALS SUFFERING FROM ANY SLEEP DISORDER AS LISTED IN AN AUTHORITATIVE CLASSIFICATION OF SLEEP DISORDERS ACCEPTABLE TO THE DEPARTMENT. SUCH PROCEDURES INCLUDE BUT ARE NOT LIMITED TO: (A) APPLICATION OF ELECTRODES AND APPARATUS NECESSARY TO MONITOR AND EVALUATE SLEEP DISTURBANCES, INCLUDING APPLICATION OF DEVICES THAT ALLOW A PHYSICIAN TO DIAGNOSE AND TREAT SLEEP DISORDERS, WHICH DISORDERS INCLUDE BUT SHALL NOT BE LIMITED TO INSOMNIA, SLEEP BREATHING DISORDERS, MOVEMENT DISORDERS, DISORDERS OF EXCESSIVE SOMNOLENCE, AND PARASOMNIAS; (B) INSTITUTION OF ANY TYPE OF PHYSIOLOGIC MONITORING APPLICABLE TO POLYSOMNOGRAPHY INCLUDING THE THERAPEUTIC AND DIAGNOSTIC USE OF OXYGEN, CONTINUOUS POSITIVE AIRWAY PRESSURE (CPAP) AND BI-LEVEL POSITIVE AIRWAY PRESSURE (BIPAP) OF NON-VENTILATED PATIENTS; (C) INITIATION OF CARDIOPULMONARY RESUSCITATION, MAINTENANCE OF PATIENT'S AIRWAY (WHICH DOES NOT INCLUDE ENDOTRACHEAL INTUBATION), TRAN- SCRIPTION AND IMPLEMENTATION OF PHYSICIAN ORDERS PERTAINING TO THE PRAC- TICE OF POLYSOMNOGRAPHIC TECHNOLOGY; (D) INITIATION OF TREATMENT CHANGES AND TESTING TECHNIQUES REQUIRED FOR THE IMPLEMENTATION OF POLYSOMNOGRAPHIC PROTOCOLS UNDER THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE PRACTICE OF SLEEP MEDICINE; AND (E) EDUCATION OF PATIENTS, FAMILY AND PUBLIC ON THE PROCEDURES AND TREATMENTS USED DURING POLYSOMNOGRAPHIC TECHNOLOGY OR ANY EQUIPMENT OR PROCEDURE USED FOR THE TREATMENT OF ANY SLEEP DISORDER. S 8802. PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY. ONLY A PERSON LICENSED AND REGISTERED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE POLYSOMNOGRAPHIC TECHNOLOGY. S 8803. USE OF THE TITLE "POLYSOMNOGRAPHIC TECHNOLOGIST". ONLY A PERSON LICENSED UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED POLY- SOMNOGRAPHIC TECHNOLOGIST," "POLYSOMNOGRAPHIC TECHNOLOGIST," OR "LICENSED SLEEP TECH". S 8804. STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY. 1. A STATE COMMITTEE FOR POLYSOMNOGRAPHIC TECHNOLOGY SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF PROFESSIONAL LICENSING, PRACTICE AND CONDUCT IN ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. 2. NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE, THE COMMITTEE SHALL ASSIST THE STATE BOARD FOR MEDICINE SOLELY IN POLYSOMNOGRAPHIC TECHNOLOGY MATTERS, WHICH BOARD SHALL ALSO FUNCTION AS THE STATE BOARD FOR POLYSOMNOGRAPHIC TECHNOLOGY. ANY MEMBER OF THE FIRST BOARD APPOINTED WHO IS A POLYSOMNOGRAPHIC TECHNOLOGIST NEED NOT BE LICENSED PRIOR TO APPOINTMENT ON THE BOARD; PROVIDED HOWEVER, THAT ANY FIRST APPOINTED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE REGIS- TERED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD ACCEPTABLE TO THE DEPARTMENT. 3. THE COMMITTEE SHALL CONSIST OF NINE INDIVIDUALS, TO BE COMPOSED OF THE FOLLOWING: (A) FIVE LICENSED POLYSOMNOGRAPHIC TECHNOLOGISTS, WHO ARE NOT LICENSED TO PRACTICE ANY OTHER PROFESSION REGULATED PURSUANT TO THIS TITLE; (B) TWO LICENSED RESPIRATORY THERAPISTS WHO HAVE TRAINING AND/OR EXPE- RIENCE IN THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS; (C) ONE LICENSED PHYSICIAN WHO PRACTICES IN THE FIELD OF SLEEP MEDI- CINE; AND (D) A REPRESENTATIVE OF THE PUBLIC AT LARGE. S. 7047 3 S 8805. REQUIREMENTS AND PROCEDURES FOR PROFESSIONAL LICENSURE AND REGISTRATION. 1. TO QUALIFY FOR A LICENSE AS A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; (B) EDUCATION: (I) RECEIVED AN ASSOCIATE DEGREE IN POLYSOMNOGRAPHIC TECHNOLOGY FROM A PROGRAM REGISTERED BY THE DEPARTMENT, OR ANOTHER ASSO- CIATE DEGREE PROGRAM DETERMINED BY THE DEPARTMENT TO BE SUBSTANTIALLY EQUIVALENT, FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; PROVIDED HOWEVER, THAT THIS EDUCATION REQUIREMENT SHALL NOT BECOME EFFECTIVE UNTIL SUCH TIME AS THERE ARE AT LEAST FOUR LICENSURE QUALIFYING ASSOCIATE DEGREE PROGRAMS ACCEPTABLE TO THE DEPARTMENT IN POLYSOMNOGRAPHIC TECHNOLOGY OPERATED BY ACCREDITED COLLEGES OR UNIVERSITIES IN THE STATE; OR (II) COMPLETED A COURSE OF STUDY SUBSTANTIALLY EQUIVALENT TO AN ASSO- CIATE DEGREE PROGRAM DETERMINED TO BE ACCEPTABLE PURSUANT TO SUBPARA- GRAPH (I) OF THIS PARAGRAPH, AND WHICH IS SATISFACTORY TO THE COMMIS- SIONER AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS FOR THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY; (C) EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (E) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE; (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; AND (G) FEE: PAY A ONE-TIME FEE OF THREE HUNDRED DOLLARS FOR LICENSURE. 2. EXCEPT AS PROVIDED IN SECTION EIGHTY-EIGHT HUNDRED SEVEN OF THIS ARTICLE, EACH LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE REQUIRED TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE, AND SHALL PAY A FEE OF THREE HUNDRED DOLLARS FOR EACH TRIENNIAL REGIS- TRATION PERIOD. S 8806. LIMITED PERMITS. LIMITED PERMITS MAY BE ISSUED BY THE DEPART- MENT TO ELIGIBLE APPLICANTS, AS FOLLOWS: 1. ELIGIBILITY: A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A POLYSOMNOGRAPHIC TECHNOLOGIST EXCEPT THOSE RELATING TO EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT; 2. LIMIT OF PRACTICE: ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE UNDER THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN AND ONLY WHILE UNDER THE DIRECT AND IMMEDIATE SUPERVISION OF A HEALTH CARE PROVIDER REGULATED PURSUANT TO THIS TITLE INCLUDING, BUT NOT LIMITED TO, A PHYSICIAN, POLYSOMNOGRAPHIC TECHNOLOGIST, REGISTERED NURSE, RESPIR- ATORY THERAPIST, AND NURSE PRACTITIONER; PROVIDED HOWEVER, THAT THE TASKS OR RESPONSIBILITIES SUPERVISED BY THE HEALTH CARE PROVIDER ARE WITHIN THE SCOPE OF HIS OR HER PRACTICE; 3. DURATION: A LIMITED PERMIT SHALL BE VALID FOR ONE YEAR AND MAY BE RENEWED FOR ONE ADDITIONAL YEAR; AND 4. FEE: THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE FIFTY DOLLARS. S 8807. EXEMPTIONS. THIS ARTICLE SHALL NOT PROHIBIT: 1. THE PRACTICE OF LICENSED POLYSOMNOGRAPHIC TECHNOLOGY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN REGISTERED POLYSOMNO- GRAPHIC TECHNOLOGY EDUCATION PROGRAMS OR REGISTERED RESPIRATORY CARE PROGRAMS; 2. THE PERFORMANCE OF ANY OF THE FUNCTIONS INCLUDED IN THE DEFINITION OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY OTHER DULY LICENSED, CERTIFIED OR S. 7047 4 REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH FUNCTIONS ARE WITHIN THE SCOPE OF HER OR HIS PRACTICE; 3. THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY ANY LEGALLY AUTHOR- IZED POLYSOMNOGRAPHIC PRACTITIONER OF ANY OTHER STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH SERVICE OF THE UNITED STATES OR WHO IS EMPLOYED BY THE VETERAN'S ADMINISTRATION, WHILE ENGAGED IN THE PERFORMANCE OF SUCH DUTIES; 4. THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY BY A LICENSED RESPIR- ATORY THERAPIST OR A RESPIRATORY THERAPY TECHNICIAN; AND 5. THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY FOR THE PURPOSES OF CLINICAL RESEARCH, PROVIDED THAT THE RESEARCH HAS BEEN APPROVED BY A DULY AUTHORIZED INSTITUTIONAL REVIEW BOARD AND SUCH PRACTICE IS UNDER THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN. S 8808. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM- INATION OR SATISFYING THE EDUCATION REQUIREMENT, PROVIDED THAT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF REGULATIONS IMPLEMENTING THE PROVISIONS OF THIS ARTICLE, THE INDIVIDUAL MEETS THE FOLLOWING REQUIRE- MENTS: 1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART- MENT; 2. IS CERTIFIED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD FOR POLYSOMNOGRAPHY ACCEPTABLE TO THE DEPARTMENT; AND 3. HAS PRACTICED POLYSOMNOGRAPHIC TECHNOLOGY UNDER THE DIRECTION AND SUPERVISION OF A LICENSED PHYSICIAN WHO SPECIALIZES IN THE PRACTICE OF SLEEP MEDICINE FOR NOT LESS THAN EIGHTEEN MONTHS WITHIN THE LAST THREE YEARS; PROVIDED HOWEVER, SUCH EXPERIENCE SHALL NOT BE ACCEPTABLE AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE. S 8809. MANDATORY CONTINUING EDUCATION. 1. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT SHALL COMPLY WITH THE PROVISIONS OF THE MANDATORY CONTIN- UING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION FOUR OF THIS SECTION EXCEPT AS SET FORTH IN SUBDIVISIONS TWO AND THREE OF THIS SECTION. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST WHO DOES NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT PRACTICE UNTIL HE OR SHE HAS MET SUCH REQUIREMENTS, AND HE OR SHE HAS BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED POLYSOMNOGRAPHIC TECH- NOLOGIST MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. 2. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL REGISTRA- TION PERIOD DURING WHICH HE OR SHE IS FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE. 3. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST NOT ENGAGED IN THE PRAC- TICE OF POLYSOMNOGRAPHIC TECHNOLOGY, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. A LICENSEE WHO RETURNS TO THE PRACTICE OF POLYSOMNOGRAPHIC TECHNOLOGY DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY EDUCA- TION REQUIREMENTS IN ACCORDANCE WITH COMMISSIONER'S REGULATIONS. S. 7047 5 4. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS- TRATION AS A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL COMPLETE A MINIMUM OF TWENTY-FOUR HOURS OF ACCEPTABLE FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION SIX OF THIS SECTION. A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED, AS PROVIDED FOR IN SUBDIVISION FIVE OF THIS SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM. 5. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS- TRATION TO A LICENSEE WHO FAILS TO MEET THE MANDATORY CONTINUING EDUCA- TION REQUIREMENTS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION BUT WHO AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS- TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN- NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF MANDATORY CONTINUING EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION, MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. 6. AS USED IN SUBDIVISION FOUR OF THIS SECTION, "ACCEPTABLE FORMAL CONTINUING EDUCATION" SHALL MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE IN POLYSOMNOGRAPHIC TECHNOLOGY AND WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMISSIONER. SUCH FORMAL COURSES OF LEARNING SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, PROFESSIONAL DEVEL- OPMENT PROGRAMS AND TECHNICAL SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZATIONS ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPARTMENT. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING EDUCATION COURSES IN SPECIFIC SUBJECTS TO FULFILL THE MANDATORY CONTINUING EDUCATION REQUIRE- MENT. COURSES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. 7. A LICENSED POLYSOMNOGRAPHIC TECHNOLOGIST SHALL MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSU- ANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. S 2. This act shall take effect one year after it shall have become a law; provided further, that subdivision 2 of section 8805 of the educa- tion law as added by section one of this act shall not take effect until such time as there are at least four licensure qualifying associate degree programs, acceptable to the department of education, in polysom- nographic technology operated by accredited colleges or universities in the state; provided further, however, that the department of education shall notify the legislative bill drafting commission upon the creation of four acceptable qualifying associate degree programs in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and S. 7047 6 section 70-b of the public officers law. Effective immediately the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such effective date.
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