senate Bill S1831B

Relates to authorizing polysomnographic technology services

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO HIGHER EDUCATION
  • 01 / Mar / 2011
    • REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 02 / Jun / 2011
    • AMEND AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 02 / Jun / 2011
    • PRINT NUMBER 1831A
  • 06 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 06 / Jun / 2011
    • PRINT NUMBER 1831B
  • 20 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1378
  • 20 / Jun / 2011
    • SUBSTITUTED BY A354B

Summary

Relates to polysomnographic technology services; grants authorization to practice polysomnographic technology to individuals who have met certain standards and requirements.

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Bill Details

See Assembly Version of this Bill:
A354B
Versions:
S1831
S1831A
S1831B
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd ยง8505, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A354
2009-2010: A9546A, A9546A

Sponsor Memo

BILL NUMBER:S1831B

TITLE OF BILL:
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
registered with the State Education Department.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends Section 8505 of the education law by
adding a new subdivision 5 defining the scope of polysomnographic
technology services. This scope of practice will be regulated by the
State Education Department in regulations of the commissioner and
only authorized individuals registered by the guidance of the
department under rules, regulations and education standards will be
granted authorization to practice the profession of polysornnographic
technology services. The authorization holder will also be registered
with the department every three years and pay a registration fee of
three hundred dollars.

Section two of the bill states this act shall take effect one year
after it shall have become a law.

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. 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 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
01/14/10 Referred to higher education
06/09/10 Amend and recommit to higher education
06/09/10 Print number 9546a

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect one year after it becomes law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1831--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably from said committee and committed to the Committee
  on Commerce, Economic Development  and  Small  Business  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation to authorizing polysomno-
  graphic technology services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  8505 of the education law is amended by adding a
new subdivision 5 to read as follows:
   5.  THE PROVISION OF POLYSOMNOGRAPHIC TECHNOLOGY SERVICES, AS DEFINED
BY THE COMMISSIONER, BY AN INDIVIDUAL, UNDER THE  DIRECTION  AND  SUPER-
VISION OF A LICENSED PHYSICIAN, WHO HAS OBTAINED AUTHORIZATION ISSUED BY
THE  DEPARTMENT.  SUCH  AUTHORIZATION SHALL BE ISSUED TO INDIVIDUALS WHO
HAVE MET STANDARDS, INCLUDING THOSE RELATING TO  EDUCATION,  EXPERIENCE,
EXAMINATION  AND CHARACTER, AS PROMULGATED IN REGULATIONS OF THE COMMIS-
SIONER. SUCH AUTHORIZATION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND
REGULATORY AUTHORITY OF THE BOARD OF REGENTS AND THE DEPARTMENT,  PURSU-
ANT  TO THIS TITLE, AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE
ISSUED UNDER THIS ARTICLE. THE APPLICATION FEE  FOR  SUCH  AUTHORIZATION
SHALL BE THREE HUNDRED DOLLARS. EACH AUTHORIZATION HOLDER SHALL REGISTER
WITH  THE  DEPARTMENT EVERY THREE YEARS AND SHALL PAY A REGISTRATION FEE
OF THREE HUNDRED DOLLARS.
  S 2. This act shall take effect one year after it shall have become  a
law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01160-05-1

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